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Context of 'December 6, 2003: Coalition Forces Raid Headquarters of Iraqi Labor Union Federation'

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The Salt Pit, a secret CIA prison near Kabul, Afghanistan.The Salt Pit, a secret CIA prison near Kabul, Afghanistan. [Source: Space Imaging Middle East]President George Bush signs a secret order authorizing the CIA to set up a network of secret detention and interrogation centers outside the United States where high value prisoners can be interrogated “with unprecedented harshness.” (Barry, Hirsh, and Isikoff 5/24/2004) This takes place shortly after February 7, 2002, when Bush declared that al-Qaeda and Taliban prisoners were not subject to the Geneva Convention (see February 7, 2002). The first secret CIA prison will begin operating in Thailand in March 2002 (see March 2002).

Former CIA Director James Woolsey telephones Deputy Assistant Defense Secretary Linton Wells to arrange a meeting between Defense Intelligence Agency (DIA) analysts and Mohammad Harith, an Iraqi defector being supplied by the Iraqi exile group, the Iraqi National Congress. (Landay and Strobel 7/16/2004 Sources: Classified Pentagon report) After the phone call, Wells issues an “executive referral,” requesting that the Iraqi National Congress (INC) introduce Harith to the Pentagon’s Defense Intelligence Agency (DIA). (Landay and Strobel 7/16/2004) Later in the day, two DIA officers meet with Ahmed Chalabi to arrange an interview with Harith. In an email to Knight Ridder Newspapers, Wells will later recall, “I discussed the issue of an individual with information on Iraq[i] weapons of mass destruction with intelligence community members. They said they would follow up. I never met with any member of the INC.” (Landay and Strobel 7/16/2004)

A safe house in Sana’a, Yemen, where Samir al-Hada was hiding.A safe house in Sana’a, Yemen, where Samir al-Hada was hiding. [Source: CNN]Samir al-Hada, an al-Qaeda operative who helped run a vital al-Qaeda communications hub in Sana’a, Yemen (see Late 1998-Early 2002), dies while being pursued by Yemeni police. The Yemeni police were tipped off by Samir’s landlord that he was planning to flee the country when he failed to produce identity documents to renew his lease. The police stake out his hideout for a week but he escapes and, during the chase, a grenade explodes in his hand and kills him. He was the brother-in-law of 9/11 hijacker Khalid Almihdhar. (BBC 2/13/2002; Whitaker 2/14/2002; CNN 2/14/2002; Arrabyee 2/21/2002) After the attack, the police search the house where al-Hada had been staying and seize weapons, documents, books, a mobile phone, and a piece of paper containing phone numbers. (CBS News 2/13/2002; BBC 2/15/2002) The al-Hada hub was used in planning the embassy bombings in 1998 (see August 4-25, 1998 and October 4, 2001), the attack on the USS Cole in 2000 (see October 14-Late November, 2000), and 9/11 (see Early 2000-Summer 2001). It had been monitored by the NSA since the late 1990s (see Late August 1998 and Early 1999). Ahmed al-Hada is in Yemeni custody by 2006; it has not been stated when or how he was captured. (Wright 2006, pp. 378) It appears that the communications hub is no longer functional after al-Hada’s death, as there are no more references to it operating, several of the al-Hada clan are rounded up, the hub is again discussed by the media (see February 2001 and After), and the clan’s patriarch, Ahmed al-Hada, is again named in the media. (Milwaukee Journal Sentinel 2/14/2002; CNN 2/14/2002; Arrabyee 2/21/2002)

Faisal al-Salmi, a Saudi man who knew 9/11 hijacker Hani Hanjour, is convicted of making false statements to the FBI. Al-Salmi, 34, trained at the same Arizona flight school as Hanjour where they both used the flight simulator (see Summer 2001). Al-Salmi denied knowing Hanjour but, according to investigators, they spoke several times and were seen together in the summer of 2001. He is not accused of being involved in the 9/11 plot. Al-Salmi will later receive a six-month sentence. (Margasak 10/13/2001; Cloud 10/28/2001; Press 2/14/2002; New York Times 2/16/2002; Poniewozik 4/20/2002; Marson 7/24/2004)

Joseph Wilson.Joseph Wilson. [Source: public domain]The CIA sends Joseph C. Wilson, a retired US diplomat, to Niger to investigate claims that Iraq had sought to purchase uranium from that country (see February 13, 2002). The CIA pays Wilson’s expenses for the trip, but does not pay him in any other respect. The identity of the party who requests the mission is later disputed. While Wilson will claim the trip was requested directly by Dick Cheney’s office, other sources will indicate that the CIA had decided (see February 19, 2002) that a delegation to Niger was needed in order to investigate questions raised by one of Dick Cheney’s aides (see (February 13, 2002)). (Kristof 5/6/2003; Pincus 6/12/2003 pdf file; Buncombe and Whitaker 6/29/2003; Wilson, 7/6/2003; US Congress 7/7/2004)
Reason behind Request - Former CIA analyst Melvin Goodman will later note that “Wilson was asked to go to Niger for one specific purpose. It was the CIA’s idea to get Cheney off their backs. Cheney would not get off their backs about the yellowcake documents. They couldn’t get Cheney to stop pressing the issue. He insisted that was the proof of reconstitution of [Iraq’s nuclear] program.” (Dubose and Bernstein 2006, pp. 214)
Normal Skepticism - Wilson goes into the situation with a healthy dose of skepticism. “My skepticism was the same as it would have been with any unverified intelligence report, because there is a lot of stuff that comes over the transom every day,” he will recall in 2006. Wilson knows nothing of the influence of the Pentagon neoconservatives (see July 8, 1996, January 26, 1998, July 1998, September 2000, Late December 2000 and Early January 2001, Shortly after January 20, 2001, and Shortly After September 11, 2001) or the growing rift in the intelligence community over the reports: “I was aware that the neocons had a growing role in government and that they were interested in Iraq,” he will recall. “But the administration had not articulated a policy at this stage.” He is not given a copy of the Niger documents before leaving for Africa, nor is he told of their history. “To the best of my knowledge, the documents were not in the possession of the [CIA] at the time I was briefed,” he will recall. “The discussion was whether or not this report could be accurate. During this discussion, everyone who knew something shared stuff about how the uranium business worked, and I laid out what I knew about the government in Niger, what information they could provide.” With this rather sketchy preparation, Wilson leaves for Niger. (Unger 2007, pp. 240; Wilson 2007, pp. 113) Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write, “He figured that if the vice president had asked a serious and legitimate question, it deserved a serious answer and he would try to help find it.” (Wilson 2007, pp. 111)
No Trouble Finding Information - Wilson, who knows the Nigerien government and many of its officials, has little trouble finding the information he needs in the following week. In 2006, he will recall: “Niger has a simplistic government structure. Both the minister of mines and the prime minister had gone through the mines. The French were managing partners of the international consortium [which handles Niger’s uranium]. The French mining company actually had its hands on the project. Nobody else in the consortium had operators on the ground.” Wilson also personally knows Wissam al-Zahawie, Iraq’s ambassador to the Vatican who supposedly negotiated the uranium deal with Niger (see February 1999). Wilson will later observe: “Wissam al-Zahawie was a world-class opera singer, and he went to the Vatican as his last post so he could be near the great European opera houses in Rome. He was not in the Ba’athist inner circle. He was not in Saddam [Hussein]‘s tribe. The idea that he would be entrusted with the super-secret mission to buy 500 tons of uranium from Niger is out of the question.” (Unger 2007, pp. 240-241) Wilson meets with, among other officials, Niger’s former minister of mines, Mai Manga. As later reported by the Senate Intelligence Committee (see July 9, 2004), Manga tells Wilson “there were no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s,” and he “knew of no contracts signed between Niger and any rogue states for the sale of uranium.” Manga says a “French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transport overseas,” and, “it would be difficult, if not impossible, to arrange a special shipment of uranium to a pariah state given these controls.” (Leupp 11/9/2005)
Meeting with US Ambassador - Wilson arrives in Niger on February 26, two days after Marine General Carlton W. Fulford Jr.‘s meeting (see February 24, 2002) with Nigerien officials. Wilson first meets with US Ambassador to Niger Barbro Owens-Kirkpatrick, a veteran Foreign Service official, whom Wilson will later describe as “crisp” and well-informed. Over tea in the US Embassy offices in Niamey, Niger’s capital, Owens-Kirkpatrick tells Wilson that she has already concluded that the allegations of uranium sales to Iraq are unfounded. “She had already debunked them in her reports to Washington,” Wilson will later recall. “She said, yeah, she knew a lot about this particular report. She thought she had debunked it—and, oh, by the way, a four-star Marine Corps general had been down there as well—Carlton Fulford. And he had left satisfied there was nothing to report.” (Wilson 2004, pp. 20-22)
Details of Alleged Uranium Production - Niger extracts uranium from two mines, both located in remote locations in the Sahara Desert. It takes well over a day to drive from the mines to Niamey. The mines are owned by a consortium of foreign companies and the Nigerien government, and managed by a French mining company, COGEMA. Because of a recent upswing in the production of Canadian uranium, Niger’s uranium is mined at a net loss, and its only customers are consortium members. Wilson will later write, “[T]he Nigerien government has sold no uranium outside the consortium for two decades.” If Iraq had bought 500 tons of uranium, as the story is told, that would have represented a 40 percent production increase. “There is no doubt,” Wilson will later write, “that such a significant shift from historic production schedules would have been absolutely impossible to hide from the other partners, and most certainly from the managing partner, COGEMA. Everyone involved would have known about it.” Any Nigerien government decision to produce such an amount of uranium would have involved numerous government officials and many well-documented meetings. Because the transaction would have been to a foreign country, Niger’s Foreign Ministry would also have been involved in the decision. To sell Iraq uranium during that time would have been a violation of international law and of UN sanctions against Iraq, a weighty decision that would have ultimately been made by the president of Niger in conjuction with the foreign minister and the minister of mines. Such a decision would have been published in the Nigerien equivalent of the Federal Register and would have dramatic tax and revenue implications. The unexpected huge infusion of cash from the sale would have had a strong impact on the Nigerien economy, and would have been much anticipated and talked about throughout the Nigerien business community. (Wilson 2004, pp. 22-25)
Off-the-Books Production Virtually Impossible - It is conceivable that such an enormous operation could have been conducted entirely “off the books,” Wilson will write, but virtually impossible to pull off. True, a military junta was in power at the time of the alleged sale, one that felt no responsibility or accountability to the Nigerien people. But even a secret transaction would have been impossible to conceal. Such a transaction would have involved thousands of barrels of clandestinely shipped uranium, extensive and complex adjustments to shipping schedules, and other ramifications. “It simply could not have happened without a great many people knowing about it, and secrets widely known do not remain hidden for long. And again, COGEMA, as the managing partner, would have had to know and be complicit.” Add to that Niger’s dependence on US foreign economic aid and its unwillingness to threaten the loss of that aid by secretly shipping uranium to a country that the US considers a dangerous rogue nation. All told, Wilson concludes, the possibility of such a clandestine operation is remote in the extreme. (Wilson 2004; Wilson 2004)
1999 Meeting with Iraqi Official - While speaking with a US Embassy official, Wilson learns about a 1999 meeting between the embassy official and an Iraqi representative in Algiers, perhaps in concert with a similar meeting between Iraqi officials and Niger’s prime minister (see June 1999). (Wilson 2004, pp. 27-28)
Confirmation that Allegations are Unrealistic - After spending several days talking with current government officials, former government officials, and people associated with the country’s uranium business, Wilson concludes the rumors are completely false. He will later call the allegations “bogus and unrealistic.” (Pincus 6/12/2003 pdf file; Landay 6/13/2003; Buncombe and Whitaker 6/29/2003; Wilson, 7/6/2003; CBS News 7/11/2003; Ward 1/2004; Wilson 2004, pp. 20-28, 424; Burrough et al. 5/2004, pp. 282; Wilson 2007, pp. 113)

The house in Faisalabad where Abu Zubaida will be arrested.The house in Faisalabad where Abu Zubaida will be arrested. [Source: PBS]At some time around February 2002, intelligence leads to the location of Abu Zubaida. He will be captured in Faisalabad, Pakistan, in late March 2002 (see March 28, 2002). However, accounts on what intelligence leads to Zubaida’s location differ greatly:
Call to Yemen? - According to the Associated Press, “Pakistani intelligence officials have said quietly that a mobile phone call Abu Zubaida made to al-Qaeda leaders in Yemen led to his arrest.” (Linzer 4/20/2002) This could be a reference to the “Yemen hub,” an important al-Qaeda communication node in Yemen that has long been monitored by US intelligence. The hub is used until the middle of February 2002, when it is raided and shut down (see February 13, 2002).
Bribes Play Key Role? - According to books by Jane Mayer and Ron Suskind, Pakistani intelligence officers in Pakistan’s tribal region notice a caravan of vehicles carrying tall women wearing burqas who turn out to be male Islamist militants in disguise. According to Suskind’s version, the militants are arrested, but refuse to talk. According to Mayer’s version, the caravan is allowed to proceed. However, both authors agree that a bribe to the driver of one of the cars reveals that their destination is Faisalabad, Pakistan. Suskind adds that the driver gives up the name of a contact in Faisalabad, and that contact is found and reveals that Zubaida has arrived in town. US intelligence begins intensively monitoring Faisalabad. Afterwards, Mayer claims that the CIA buys the ISI’s help. A CIA source involved in the situation will later tell Mayer, “We paid $10 million for Abu Zubaida.” (Suskind 2006, pp. 84; Mayer 2008) In 2006, Pakistani President Pervez Musharraf will write in a memoir, “Those who habitually accuse us of not doing enough in the war on terror should simply ask the CIA how much prize money it has paid to the Government of Pakistan.” (Musharraf 2006, pp. 190)
CIA Tracks Zubaida's Calls? - According to a 2008 New York Times article, in February 2002, the CIA learns that Zubaida is in Lahore or Faisalabad, Pakistani cities about 80 miles apart and with a combined population of over 10 million. The Times does not say how the CIA learns this. The CIA knows Zubaida’s cell phone number, although it is not explained how this was discovered either. (However, it had been reported elsewhere that Zubaida’s number had been monitored since at least 1998 (see October 1998 and After) and was still being monitored after 9/11 (see September 16, 2001 and After) and October 8, 2001).) Specialists use an electronic scanner that can track any operating cell phone and give its approximate location. However, Zubaida only turns his phone on briefly to collect messages, so his location cannot be pinpointed. A talented CIA official named Deuce Martinez gets involved. He posts a large, blank piece of paper on a wall, and writes Zubaida’s phone number in the middle of it. Then he and others add linked phone numbers, using the monitoring capabilities of the NSA and Pakistani intelligence. A map of Zubaida’s contacts grows. Eventually, Martinez and others are able to narrow Zubaida’s location down to 14 addresses in Lahore and Faisalabad, and these places are put under surveillance. Rather than wait any longer for more intelligence, all 14 locations are raided at once in a joint Pakistani-CIA operation on March 28, 2002, and Zubaida is found in one of the Faisalabad addresses. (Shane 6/22/2008)
Key Call to Bin Laden or Al-Zawahiri? - Suskind’s book will also give the story of the CIA narrowing down the locations by monitoring local phone calls. He says that teams of CIA and FBI arrive in Faisalabad on March 17 for more intensive monitoring. Then, the key break comes near the end of the month, when two calls from a certain house in Faisalabad are made to phone numbers in Afghanistan that might be linked to Osama bin Laden or al-Qaeda number two leader Ayman al-Zawahiri. By this account, US intelligence already has a good idea which of the 14 locations Zubaida is in, because of those calls. (Suskind 2006, pp. 87-89)
Explanations May Not Conflict - Note that these explanations do not necessarily conflict. For instance, bribes could have provided the lead that Zubaida was in Faisalabad, and then further CIA monitoring could have narrowed down his location there. Bribes also could have helped insure that Pakistani intelligence did not tip off Zubaida prior to the raid. The calls to Yemen and/or Afghanistan may have played a role along with other intelligence.

ABC News will later report that the first CIA secret prison is established in Thailand at this time to house Abu Zubaida, the first important al-Qaeda target who is captured at this time (see March 28, 2002). President Bush had recently authorized the creation of CIA prisons (see After February 7, 2002). After being captured in Pakistan and treated for gunshot wounds, Zubaida is flown to Thailand around the middle of April 2002 and housed in a small warehouse inside a US military base. He is waterboarded and interrogated (Mid-May 2002 and After). Later other secret prisons will open in other countries, such as Poland and Romania. (Ross and Esposito 12/5/2005) This prison in Thailand apparently will close some time in 2003. (Priest 11/2/2005) Some reports place the secret prison at the Voice of America relay station near the north-eastern Thai city of Udon Thani close to the border of Laos, but this is unconfirmed. (Sydney Morning Herald 11/5/2005)

US troops investigate two dead bodies on March 17, 2002, as Operation Anaconda comes to a close.US troops investigate two dead bodies on March 17, 2002, as Operation Anaconda comes to a close. [Source: Joe Raedle/ Reuters]The US launches Operation Anaconda, a major offensive in Shah-i-Kot valley, near the town of Gardez, Afghanistan. About 2,000 US and allied soldiers attack a Taliban and al-Qaeda stronghold in the valley. The goal is to surround and cut off the Taliban and al-Qaeda from being able to retreat into Pakistan. Officially, the operation is hailed as an easy victory. For instance, Gen. Tommy Franks calls the operation “an unqualified and absolute success.” (Krushelnycky 3/20/2002) A Pentagon spokesperson calls the operation “a great success,” and says that of the hundreds or even thousands of enemy fighters trapped in the valley,“less than 100 escaped.” (Bearak 3/14/2002) Up to 800 Taliban and al-Qaeda fighters are reported killed. (Bearak 3/14/2002)
Unexpected Resistance - However, other accounts paint a different picture. The operation runs into unexpected resistance from the start, and eight US soldiers and a small number of allied Afghan fighters are killed in the first few days. The London Times later notes, “what was to have been a two-day operation stretched to 12.” Australian special forces troops who took part later say the operation was botched. “They blamed much of the problem on inadequate US air power, poor intelligence, and faulty technology.” (Krushelnycky 3/20/2002; Maynard 6/18/2002)
Militants Able to Escape - It appears that, as in Tora Bora, Afghan warlord armies supervised by a small number of US special forces, were given the key task of cutting off escape routes. At least one of the warlords involved had tricked the US military earlier in the war. “Although [Afghan] commanders insisted from the start of the campaign that the slopes were surrounded, [one Afghan commander] admitted that there had been at least one escape route” left open. The Guardian notes that “US troops spent weeks planning the attack on Shah-i-Kot, training and arming Afghan soldiers to prevent a repeat of the battle at Tora Bora,” but nonetheless, “nearly all the Taliban and al-Qaeda fighters appeared to have fled the area.” (Baker and Vogel 3/4/2002; McCarthy 3/15/2002) Most flee across the border into Pakistan (see December 2001-Spring 2002). The New York Times even reported that “some participants… said the Taliban had more or less come and gone as they pleased, visiting villagers in nearby towns.” (Bearak 3/14/2002) One captured Taliban soldier who fought in the battle later claims that bin Laden made a brief personal appearance to rally his troops. (Nordland, Yousafzai, and Dehghanpisheh 8/11/2002) Only about 20 prisoners are captured and fewer than 20 bodies are found. (Bearak 3/14/2002; Burns 3/18/2002) After retreating, the Taliban and al-Qaeda will change strategies and no longer attempt to congregate in Afghanistan in large numbers.

Jay Bybee, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo to William Howard Taft IV, the chief counsel of the State Department, titled “The President’s Power as Commander in Chief to Transfer Captive Terrorists to the Control and Custody of Foreign Nations.” The memo, actually written by Bybee’s deputy John Yoo, says Congress has no authority to block the president’s power to unilaterally transfer detainees in US custody to other countries. In essence, the memo grants President Bush the power to “rendition” terror suspects to countries without regard to the law or to Congressional legislation, as long as there is no explicit agreement between the US and the other nations to torture the detainees. (US Department of Justice 3/12/2002 pdf file; Savage 2007, pp. 148; American Civil Liberties Union [PDF] 1/28/2009 pdf file; Lewis 3/2/2009) The memo directly contradicts the 1988 Convention Against Torture (see October 21, 1994), which specifically forbids the transfer of prisoners in the custody of a signatory country to a nation which practices torture. Once the treaty was ratified by Congress in 1994, it became binding law. But Yoo and Bybee argue that the president has the authority as commander in chief to ignore treaties and laws that supposedly interfere with his power to conduct wartime activities. (Savage 2007, pp. 148-149) In 2009, when the memos are made public (see March 2, 2009), Jennifer Daskal of Human Rights Watch says she is shocked at the memo: “That is [the Office of Legal Counsel] telling people how to get away with sending someone to a nation to be tortured. The idea that the legal counsel’s office would be essentially telling the president how to violate the law is completely contrary to the purpose and the role of what a legal adviser is supposed to do.” (Smith and Eggen 3/3/2009)

The CIA comes up with a list of 10 “Enhanced Interrogation Techniques” that it will allow to be used on captured high-ranking al-Qaeda detainees. In 2005, ABC News will reveal six of the techniques on the list and describe them as follows:
bullet The Attention Grab: The interrogator forcefully grabs the shirt front of the prisoner and shakes him.
bullet The Attention Slap: An open-handed slap aimed at causing pain and triggering fear.
bullet The Belly Slap: A hard open-handed slap to the stomach. The aim is to cause pain, but not internal injury. Doctors consulted advised against using a punch, which could cause lasting internal damage.
bullet Long Time Standing: This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions.
bullet The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water.
bullet Waterboarding: The prisoner is bound to an inclined board, feet raised, and head slightly below the feet. Cellophane is wrapped over the prisoner’s face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt. (Ross and Esposito 11/18/2005)
The New York Times will later reveal that there are actually four more techniques on the list, but will not detail what they are. (Jehl 11/9/2005)
Waterboarding Most Controversial Technique - Waterboarding will be the most controversial technique used. In centuries past, it was considered by some to be the most extreme form of torture, more so than thumbscrews or use of the rack. (Horton 12/15/2007) “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law,” says John Sifton of Human Rights Watch. CIA officials who allowed themselves to be waterboarded lasted, on average, 14 seconds before caving in. In addition, such confessions are dubious at best. “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear,” says one of the CIA sources. (Ross and Esposito 11/18/2005)
List Compiled with Help from Egypt, Saudi Arabia - The list is secretly drawn up by a team including senior CIA officials, and officials from the Justice Department and the National Security Council. The CIA got help in making the list from governments like Egypt and Saudi Arabia that are notorious for their widespread use of torture (see Late 2001-Mid-March 2002). (Jehl 11/9/2005) Apparently, “only a handful” of CIA interrogators are trained and authorized to use these techniques. Later this month, al-Qaeda leader Abu Zubaida will be captured and the CIA will begin using all of these techniques on him (see March 28, 2002). However, the White House will not give the CIA clear legal authority to do so until months after the CIA starts using these techniques on Zubaida (see March 28-August 1, 2002).
Techniques 'Cruel, Inhuman, and Degrading' under Treaty - In 2004, CIA Inspector General John Helgerson will determine in a classified report that these techniques appear to constitute cruel, inhuman, and degrading treatment under the Convention Against Torture, an international treaty signed by the US (see October 21, 1994 and May 7, 2004). Former CIA officer Robert Baer calls the use of such techniques “bad interrogation,” and notes, “[Y]ou can get anyone to confess to anything if the torture’s bad enough.” (Ross and Esposito 11/18/2005)

A suspected Taliban member named Abdullah is taken into US custody, together with 34 other members of the Taliban army. According to Abdullah, the men have their heads hooded and their hands tied behind their backs with plastic zip ties. They are then taken to the US base in Kandahar where for several hours they are ordered to lie down on the stony ground. During this time, Abdullah is kicked in the ribs. The men are shaved of all their facial and body hair. Abdullah later complains that he was shaved by a woman. (Amnesty International 8/19/2003) This means that the technique of “forced grooming,” authorized by Defense Secretary Donald Rumsfeld for use at Guantanamo between December 2, 2002 and January 15, 2003 (see December 2, 2002), is allegedly already being used in Afghanistan in the spring of 2002. This technique is considered extremely humiliating for Muslim males.

US Customs Agents carry out boxes of evidence from SAAR network businesses on March 20, 2002.US Customs Agents carry out boxes of evidence from SAAR network businesses on March 20, 2002. [Source: Mike Theiler/ Getty Images]Scores of federal agents raid 14 entities in a cluster of more than 100 homes, charities, think tanks, and businesses in Herndon, Virginia, a town just outside of Washington with a large Muslim population. No arrests are made and no organizations are shut down, but over 500 boxes of files and computer files are confiscated, filling seven trucks. This group of interlocking entities is widely known as the SAAR network (it is also sometimes called the Safa Group). SAAR stands for Sulaiman Abdul Aziz al-Rajhi, a Saudi banker and billionaire who largely funded the group beginning in the early 1980s (see July 29, 1983). He is said to be close to the Saudi ruling family and is on the Golden Chain, a list of early al-Qaeda supporters (see 1988-1989). (Miller 3/21/2002; Farah 2004, pp. 152; Simpson 6/21/2004) The name and address of Salah al-Rajhi, Suleiman’s brother, was discovered in 1998 in the telephone book of Wadih El-Hage (see September 15, 1998). El-Hage was bin Laden’s personal secretary and was convicted of a role in the 1998 US embassy bombings. (Miller 3/25/2002) The raids are said to be primarily led by David Kane, a Customs agent working with a Customs investigation started just after 9/11 code-named Operation Greenquest. Many of the organizations are located at an office building at 555 Grove Street in Herndon. Kane writes in an affidavit for the raid that many organizations based there are “paper organizations” which “dissolve and are replaced by other organizations under the control of the same group of individuals.” (Miller 3/21/2002; Simpson 6/21/2004) Investigators appear to be primarily interested in the connections between the SAAR network and the Al Taqwa Bank, a Swiss bank closed after 9/11 on suspicions of funding al-Qaeda and other terrorist groups (see November 7, 2001). They are also interested in connections between both SAAR and Al Taqwa and the Muslim Brotherhood (see December 1982). According to author Douglas Farah, “US officials [later say] they had tracked about $20 million from [SAAR] entities flowing through Nada’s Bank al Taqwa, but said the total could be much higher. The ties between Nada and [SAAR] leaders were many and long-standing, as were their ties to other [Muslim] Brotherhood leaders.… For a time, Suleiman Abdel Aziz al-Rajhi, the SAAR Foundation founder, worked for Nada” at Al Taqwa’s Liechtenstein branch. (Miller 3/25/2002; Farah 2004, pp. 154-155) Organizations and individuals targeted by the raid include:
bullet Yaqub Mirza. He is the director of virtually all of the organizations targeted in the raid. The Wall Street Journal claims, “US officials privately say Mr. Mirza and his associates also have connections to al-Qaeda and to other entities officially listed by the US as sponsors of terrorism.” (Simpson 4/18/2002; Guidera and Simpson 12/6/2002)
bullet The SAAR Foundation or the Safa Trust, an umbrella group for the SAAR network. The SAAR Foundation had recently disbanded and reformed as the Safa Trust. (Miller 3/21/2002; Simpson 3/22/2002; Farah and Mintz 10/7/2002)
bullet Hisham Al-Talib, who served as an officer of the SAAR Foundation and Safa Trust, had previously been an officer of firms run by Youssef Nada. Nada is one of the main owners of the Al Taqwa Bank. (Simpson 3/22/2002)
bullet Mar-Jac Poultry Inc., an Islamic chicken processor with operations in rural Georgia. (Simpson 6/21/2004)
bullet Jamal Barzinji. An officer of Mar-Jac and other organizations targeted in the raid, he had previously been involved with Nada’s companies. (Simpson 3/22/2002)
bullet The International Islamic Relief Organization (IIRO). (Miller 3/21/2002)
bullet The Muslim World League. It is considered to be a parent organization for the IIRO. (Miller 3/21/2002)
bullet International Institute for Islamic Thought (IIRT). The IIRT had been under investigation since at least 1998. (Miller 3/21/2002)
bullet Tarik Hamdi, an employee at IIRT. His home is also raided. He carried a battery for a satellite phone to Afghanistan in early 1998, and the battery was used for Osama bin Laden’s phone (see May 28, 1998). (Miller 3/21/2002)
bullet Abdurahman Alamoudi, a top Muslim lobbyist who formerly worked for one of the SAAR organizations. His nearby home is raided. The search yields a memo on large transactions involving Hamas, operations against the Israelis, and the notation “Met Mousa Abu Marzouk in Jordan.” Marzouk is a Hamas leader believed to be involved in fundraising for Hamas in the US for many years (see July 5, 1995-May 1997). Alamoudi is alleged to be a leader of the Muslim Brotherhood. (Simpson 6/21/2004)
bullet Samir Salah, an Egyptian-born president of the Piedmont Trading Corporation, which is part of the SAAR network. He is also a former director and treasurer of the Al Taqwa Bank’s important Bahamas branch. Additionally, he was a founder of a Bosnian charity reportedly connected to a plot to blow up the US embassy in Bosnia. (Miller 3/25/2002)
bullet Ibrahim Hassabella. He is a shareholder of the SAAR Foundation and also a former secretary of the Al Taqwa Bank. (Miller 3/25/2002) Investigators will later find that much of SAAR’s money seemed to disappear into offshore bank accounts. For instance, in 1998, SAAR claimed to have moved $9 million to a charity based in the tax haven of the Isle of Man, but investigators will find no evidence the charity existed. One US official involved in the probe will say of SAAR, “Looking at their finances is like looking into a black hole.” (Farah and Mintz 10/7/2002) In 2003, it will be reported that US investigators are looking into reports that the director of the SAAR foundation for most of the 1990s stayed in the same hotel as three of the 9/11 hijackers the night before the 9/11 attacks (see September 10, 2001). Some US investigators had looked into the SAAR network in the mid-1990s, but the FBI blocked the investigation’s progress (see 1995-1998).

FBI translator Sibel Edmonds is called to the office of Stephanie Bryan, the supervisor of the Bureau’s translation department. While waiting she sees Mike Feghali, who, according to Edmonds, “tap[s] his watch and say[s], ‘In less than an hour you will be fired, you whore.’” A few minutes later, she meets with supervisory special agent Tom Frields who dismisses her on grounds that she violated security procedures. (Rose 9/2005) An agent then escorts her out of the building and tells her: “We will be watching you and listening to you. If you dare to consult an attorney who is not approved by the FBI, or if you take this issue outside the FBI to the Senate, the next time I see you, it will be in jail.” (Sheehy 1/22/2004)

Oklahoma City mayor Kirk Humphreys visits the site of the World Trade Center, destroyed in the 9/11 attacks, and tells reporters that he cannot help but compare the scene to the damage done almost seven years ago in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), which resulted in the destruction of a federal building and cost the lives of 168 people. Humphreys is on a personal visit with his wife and teenaged daughter. They journey down into the bottom of the pit that once housed the World Trade Center. Humphreys gives some advice for New Yorkers coping with the trauma of the attacks, noting that while the two events have profound differences, the suffering and trauma of the survivors, and of the families and friends of those lost in the attacks, are similar. “The area of Ground Zero, 12 blocks or so, is about the size of our entire downtown,” Humphreys tells reporters. “I tell people that what happened on 9/11 would have wiped out something the size of downtown. But the World Trade Center was an attack on America, and so was Oklahoma City.… Ours was tough, but ours was a piece of cake compared to this one.” In many ways, he says, dealing with the emotional trauma suffered by Oklahoma citizens was the most difficult: “The physical is the easiest part, and right when you think it is over, you realize that you need to address those other needs.… On the morning of April 19, 1995, there were some people who woke up with their lives spinning out of control—and then the bomb went off. You are going to have many people struggling for a long time. More substance abuse. More divorce. More emotional burnout. More suicides.” Oklahoma City plans on opening an exhibit, “Shared Experience,” on April 19, the seven-year anniversary of the bombing. The exhibit will include tributes to the seven New York firefighters and two police officers who died on 9/11 and who helped in the 1995 rescue efforts. Deputy Chief Ray Downey, the leader of the special operations command who died while leading a team of firefighters into the South Tower, is credited with saving dozens of lives in the aftermath of the Oklahoma City bombing. When Downey died, he was wearing a Catholic rosary that had been given to him by Governor Frank Keating (R-OK). The others who rendered assistance in the 1995 blast, and who died on 9/11, are: New York Battalion Chief John J. Fanning; Captain Terence S. Hatton; Lieutenants Kevin C. Dowdell, Michael A. Esposito, and Peter C. Martin; Firefighter William D. Lake; Police Sergeant Michael S. Curtin; and Officer Thomas Langone. Humphreys says of the nine: “They were good men. They helped us in our time of need.” Humphreys was not mayor at the time of the bombing, but is credited with leading the rebuilding effort in Oklahoma City as well as reinvigorating the tourist trade. (Blair 3/25/2002)

When al-Qaeda logistics manager Abu Zubaida is arrested in late March 2002 (see March 28, 2002), his computer is searched. According to the Washington Post: “When agents found Zubaida’s laptop computer, a senior law enforcement source said, they discovered that the vast majority of people he had been communicating with were being monitored under FISA warrants or international spying efforts. ‘Finally, we got some comfort’ that surveillance efforts were working, said a government official familiar with Zubaida’s arrest.” The fact some of his contacts are monitored under FISA warrants indicates that they are in the US, as FISA warrants are only used for US targets (see 1978). The monitoring of Abu Zubaida’s communications began in the mid-1990s, at the latest (see (Mid-1996) and October 1998 and After), and continued after 9/11 (see October 8, 2001). (Leonnig 2/9/2006) Some will later suggest that Zubaida may have had mental problems (see Shortly After March 28, 2002), but this apparently did not stop him from being a key al-Qaeda contact point. FBI agent Dan Coleman, an expert on al-Qaeda, will later say that the FBI “all knew he was crazy, and they knew he was always on the damn phone.” (Eggen and Pincus 12/18/2007) Vincent Cannistraro, former head of the CIA’s Counter Terrorism Center, says of Zubaida shortly after Zubaida’s capture, “He was the guy that had the direct contact with prominent al-Qaeda cell leaders abroad, and he knew where they all were. He would have been the guy co-ordinating new attacks.” (Burke 4/7/2002)

The house in Faisalabad, Pakistan, where Abu Zubaida is arrested.The house in Faisalabad, Pakistan, where Abu Zubaida is arrested. [Source: New York Times]Al-Qaeda leader Abu Zubaida is captured in Faisalabad, Pakistan. He is the first al-Qaeda leader considered highly important to be captured or killed after 9/11.
Zubaida Injured during Raid - A joint team from the FBI, the CIA, and the ISI, Pakistan’s intelligence agency, raids the house where Zubaida is staying. Around 3 a.m., the team breaks into the house. Zubaida and three others wake up and rush to the rooftop. Zubaida and the others jump to a neighbor’s roof where they are grabbed by local police who are providing back-up for the capture operation. One of Zubaida’s associates manages to grab a gun from one of the police and starts firing it. A shoot-out ensues. The associate is killed, several police are wounded, and Zubaida is shot three times, in the leg, stomach, and groin. He survives. About a dozen other suspected al-Qaeda operatives are captured in the house, and more are captured in other raids that take place nearby at the same time. (Burns 4/14/2002; Suskind 2006, pp. 84-89) US intelligence had slowly been closing in on Zubaida’s location for weeks, but accounts differ as to exactly how he was found (see February-March 28, 2002). He had surgically altered his appearance and was using an alias, so it takes a few days to completely confirm his identity. (Johnston 9/10/2006)
Link to Pakistani Militant Group - A later US State Department report will mention that the building Zubaida is captured in is actually a Lashkar-e-Toiba safehouse. Lashkar-e-Toiba is a Pakistani militant group with many links to al-Qaeda, and it appears to have played a key role in helping al-Qaeda operatives escape US forces in Afghanistan and find refuge in Pakistan (see Late 2001-Early 2002). (US Department of State 4/30/2008)
Rendition - Not long after his arrest, Zubaida is interrogated by a CIA agent while he is recovering in a local hospital (see Shortly After March 28, 2002). He then is rendered to a secret CIA prison, where he is interrogated and tortured (see Mid-May 2002 and After). Throughout his detention, members of the National Security Council and other senior Bush administration officials are briefed about Zubaida’s captivity and treatment. (Senate Intelligence Committee 4/22/2009 pdf file)
Is Zubaida a High-Ranking Al-Qaeda Leader? - Shortly after the arrest, the New York Times reports that “Zubaida is believed by American intelligence to be the operations director for al-Qaeda and the highest-ranking figure of that group to be captured since the Sept. 11 attacks.” (Burns 4/14/2002) But it will later come out that while Zubaida was an important radical Islamist, his importance was probably overstated (see Shortly After March 28, 2002).
Tortured While in US Custody - Once Zubaida has sufficiently recovered from his injuries, he is taken to a secret CIA prison in Thailand for more interrogation. (Burke 6/13/2004; Danner 3/15/2009) One unnamed CIA official will later say: “He received the finest medical attention on the planet. We got him in very good health, so we could start to torture him.” (Suskind 2006, pp. 94-96, 100) Defense Secretary Donald Rumsfeld publicly vows that Zubaida will not be tortured, but it will later come out that he was (see Mid-May 2002 and After and April - June 2002). (Burns 4/14/2002)

Not long after alleged al-Qaeda leader Abu Zubaida is captured in Pakistan (see March 28, 2002), he is interrogated by the CIA.
Zubaida Allegedly Building a Bomb - Zubaida was shot three times while being captured. When he awakes in a Lahore hospital, he is confronted by CIA agent John Kiriakou (a member of the capture team), who will later recall: “I asked him in Arabic what his name was. And he shook his head. And I asked him again in Arabic. And then he answered me in English. And he said that he would not speak to me in God’s language. And then I said: ‘That’s okay. We know who you are.’ And then he asked me to smother him with a pillow. And I said: ‘No, no. We have plans for you.’” Kiriakou will later call Zubaida “the biggest fish that we had caught,” and will say, “We knew he was full of information… and we wanted to get it.” Kiriakou will allege that Zubaida’s captors found evidence that he “and two other men were building a bomb. The soldering [iron] was still hot. And they had plans for a school on the table,” apparently the British school in Lahore.
Zubaida Has Current Threat Information - Zubaida, Kiriakou will say, is “very current. On top of the current threat information.” Kiriakou will report that while in the hospital, Zubaida “wanted to talk about current events. He told us a couple of times that he had nothing personal against the United States.… He said that 9/11 was necessary. That although he didn’t think that there would be such a massive loss of life, his view was that 9/11 was supposed to be a wake-up call to the United States.” But, Kiriakou will claim, Zubaida is “willing to talk about philosophy, [but] he was unwilling to give us any actionable intelligence.” Later CIA reports also indicate that CIA officials, presumably Kiriakou and others, believe that Zubaida has information pertaining to planned al-Qaeda attacks against US targets. (Senate Intelligence Committee 4/22/2009 pdf file) Apparently, Kiriakou is only with Zubaida a short time. Zubaida is quickly sent to a secret CIA prison in Thailand to be interrogated and eventually tortured, while Kiriakou stays in Pakistan (see Mid-May 2002 and After).

FBI senior interrogator and al-Qaeda expert Ali Soufan, in conjunction with FBI agent Steve Gaudin, interrogate suspected al-Qaeda operative Abu Zubaida (see March 28, 2002) using traditional non-coercive interrogation methods, while Zubaida is under guard in a secret CIA prison in Thailand. A CIA interrogation team is expected but has not yet arrived, so Soufan and Gaudin who have been nursing his wounds are initially leading his questioning using its typical rapport-building techniques. “We kept him alive,” Soufan will later recall. “It wasn’t easy, he couldn’t drink, he had a fever. I was holding ice to his lips.” At the beginning, Zubaida denies even his identity, calling himself “Daoud;” Soufan, who has pored over the FBI’s files on Zubaida, stuns him by calling him “Hani,” the nickname his mother called him. Soufan and Gaudin, with CIA officials present, elicit what he will later call “important actionable intelligence” from Zubaida. To help get him to talk, the agents bring in a box of audiotapes and claim they contain recordings of his phone conversations. He begins to confess.
Zubaida Reveals KSM Is 9/11 Mastermind - Zubaida tells Soufan that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks, and confirms that Mohammed’s alias is “Mukhtar,” a vital fact US intelligence discovered shortly before 9/11 (see August 28, 2001). Soufan shows Zubaida a sheaf of pictures of terror suspects; Zubaida points at Mohammed’s photo and says, “That’s Mukhtar… the one behind 9/11” (see April 2002). Zubaida also tells Soufan about American al-Qaeda operative Jose Padilla (see March 2002 and Mid-April 2002). In 2009, Soufan will write of his interrogations of Zubaida (see April 22, 2009): “This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.” When the CIA begins subjecting Zubaida to “enhanced interrogation tactics” (see Mid-April 2002), Soufan will note that they learn nothing from using those tactics “that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions… The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.” (Eban 7/17/2007; Mayer 2008, pp. 155; Soufan 4/22/2009; Isikoff 4/25/2009)
Standing Up to the CIA - The CIA interrogation team members, which includes several private contractors, want to begin using “harsh interrogation tactics” on Zubaida almost as soon as they arrive. The techniques they have in mind include nakedness, exposure to freezing temperatures, and loud music. Soufan objects. He yells at one contractor (whom other sources will later identify as psychologist James Mitchell—see Late 2001-Mid-March 2002, January 2002 and After and Between Mid-April and Mid-May 2002), telling him that what he is doing is wrong, ineffective, and an offense to American values. “I asked [the contractor] if he’d ever interrogated anyone, and he said no,” Soufan will later say. But, Mitchell retorts that his inexperience does not matter. “Science is science,” he says. “This is a behavioral issue.” Instead, Mitchell says, Soufan is the inexperienced one. As Soufan will later recall, “He told me he’s a psychologist and he knows how the human mind works.” During the interrogation process, Soufan finds a dark wooden “confinement box” that the contractor has built for Zubaida. Soufan will later recall that it looked “like a coffin.” (Other sources later say that Mitchell had the box constructed for a “mock burial.”) An enraged Soufan calls Pasquale D’Amuro, the FBI assistant director for counterterrorism. “I swear to God,” he shouts, “I’m going to arrest these guys!” Soufan challenges one CIA official over the agency’s legal authority to torture Zubaida, saying, “We’re the United States of America, and we don’t do that kind of thing.” But the official counters with the assertion that the agency has received approval from the “highest levels” in Washington to use such techniques. The official even shows Soufan a document that the official claims was approved by White House counsel Alberto Gonzales. It is unclear what document the official is referring to.
Ordered Home - In Washington, D’Amuro is disturbed by Soufan’s reports, and tells FBI director Robert Mueller, “Someday, people are going to be sitting in front of green felt tables having to testify about all of this.” Mueller orders Soufan and then Gaudin to return to the US, and later forbids the FBI from taking part in CIA interrogations (see May 13, 2004). (Johnston 9/10/2006; Isikoff 4/25/2009)
Disputed Claims of Effectiveness - The New York Times will later note that officials aligned with the FBI tend to think the FBI’s techniques were effective while officials aligned with the CIA tend to think the CIA’s techniques were more effective. (Johnston 9/10/2006) In 2007, former CIA officer John Kiriakou will make the opposite claim, that FBI techniques were slow and ineffective and CIA techniques were immediately effective. However, Kiriakou led the team that captured Zubaida in Pakistan and does not appear to have traveled with him to Thailand (see December 10, 2007). (Esposito and Ross 12/10/2007; Kiriakou 12/10/2007 pdf file)
Press Investigation Finds that FBI Interrogations Effective - In 2007, Vanity Fair will conclude a 10 month investigation comprising 70 interviews, and conclude that the FBI techniques were effective. The writers will later note, “America learned the truth of how 9/11 was organized because a detainee had come to trust his captors after they treated him humanely.” CIA Director George Tenet reportedly is infuriated that the FBI and not the CIA obtained the information and he demands that the CIA team get there immediately. But once the CIA team arrives, they immediately put a stop to the rapport building techniques and instead begin implementing a controversial “psychic demolition” using legally questionable interrogation techniques. Zubaida immediately stops cooperating (see Mid-April 2002). (Eban 7/17/2007)

In April 2002, German intelligence compile a report about militant leader Abu Musab al-Zarqawi; it suggests that al-Zarqawi is not a part of al-Qaeda (see March 28, 2002). At the end of March 2002, al-Qaeda leader Abu Zubaida was captured and interrogated by US forces (see March 28, 2002). While few details of what Zubaida is said to say are known, some details must have been quickly passed to the Germans because this German intelligence report says, “Even in the interrogations of al-Qaeda leaders there are no indications of al-Zarqawi’s membership in al-Qaeda. Thus, Abu Zubaida (an al-Qaeda recruiter), in one of his interrogations, speaks instead about the ‘Group of al-Zarqawi.” (Bergen 2006, pp. 359, 422) (Note that information gained from such interrogations are of unknown reliability, especially when torture is used. Zubaida appears to be tortured around this time (see Mid-May 2002 and After)).


Saeed Sheikh surrounded by police.
Saeed Sheikh surrounded by police. [Source: unknown]The Pakistani trial of Saeed Sheikh and three others begins. (BBC 7/5/2002) NBC reports that death sentences are expected for the four accused killers of Daniel Pearl, despite a lack of evidence. The case will be decided in top secret by handpicked judges in Pakistan’s anti-terrorism courts. “Some in Pakistan’s government also are very concerned about what [the defendant] Saeed might say in court. His organization and other militant groups here have ties to Pakistan’s secret intelligence agency [the ISI]. There are concerns he could try to implicate that government agency in the Pearl case, or other questionable dealings that could be at the very least embarrassing, or worse.” (Allen 4/5/2002) Later in the month the London Times says that the real truth about Saeed will not come out in the trial because, “Sheikh is no ordinary terrorist but a man who has connections that reach high into Pakistan’s military and intelligence elite and into the innermost circles of Osama bin Laden and the al-Qaeda organization.” (Fielding 4/21/2002)

The capture of al-Qaeda leader Abu Zubaida (see March 28, 2002) is leaked to the press shortly after it occurs and on April 9, 2002, President Bush says in a speech: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives planning death and destruction on the United States. He’s not plotting and planning anymore.” In the weeks and months that follow, Bush and others in his administration will repeatedly tout the importance of capturing Zubaida. He is frequently described as “chief of operations” for all of al-Qaeda and the group’s number three leader. Zubaida is the only significant al-Qaeda capture in the first year after 9/11, so there is pressure to hype his importance. However, at the time there is a raging debate among US intelligence analysts as to Zubaida’s actual importance and even his mental sanity (see Shortly After March 28, 2002). According to journalist Ron Suskind, one day, when CIA Director George Tenet reminds Bush that Zubaida was not such a top leader after all, Bush reportedly says to him: “I said he was important. You’re not going to let me lose face on this, are you?” Tenet replies, “No sir, Mr. President.” Suskind will later comment: “In the wide, diffuse ‘war on terror,’ so much of it occurring in the shadows—with no transparency and only perfunctory oversight—the administration could say anything it wanted to say.… The administration could create whatever reality was convenient.” (Suskind 2006, pp. 99-100) But in 2006, the Office of the Director of National Intelligence (DNI) will issue a report containing the biographies of al-Qaeda detainees held at Guantanamo. In marked contrast to previous announcements, this biography downgrades the importance of Zubaida. It merely calls him a “leading extremist facilitator” and “one of al-Qaeda’s senior travel facilitators,” and says he is “not believed to be directly linked to the attacks on 11 September 2001.” (Office of the Director of National Intelligence 9/6/2006 pdf file; Burger 9/6/2006; Dickey 2009, pp. 77) In 2006, Bush will make new claims about Zubaida’s capture that are at odds with the known facts (see September 6, 2006).

A truck bomb kills 19 people, mostly German tourists, at a synagogue in Djerba, Tunisia. It is later claimed that al-Qaeda is behind the attack, and that the suspected bomber speaks with Khalid Shaikh Mohammed (KSM) by phone about three hours before the attack. (Czuczka 8/24/2002) In June 2002, al-Qaeda spokesperson Suliman abu Ghaith will say that al-Qaeda was behind the bombing (see June 22, 2002).

These two men were captured or killed during the raid to get Abu Zubaida. Their names are not known.These two men were captured or killed during the raid to get Abu Zubaida. Their names are not known. [Source: ABC News]Omar Ghramesh had been captured in a house in Faisalabad, Pakistan, at the same time as al-Qaeda leader Abu Zubaida (see March 28, 2002). He is temporarily held in Pakistan and while there he is shown pictures of Zubaida looking battered and bruised. He is told, “If you don’t talk, this is what will happen to you.” It is not clear if he is in US or Pakistani custody at this time, as the arrest of Zubaida and his associates was a joint US-Pakistani operation. But Ghramesh does not talk, and on May 14, 2002, he and two others will be renditioned to a torture center in Syria called the Palestine Branch. There, Ghramesh will meet Abdullah Almalki, a dual Syrian and Canadian citizen who has also been renditioned to Syria to be tortured, and he will tell Almalki the account of being shown the pictures of Zubaida. (Grey 2007, pp. 4, 54, 284) Almalki will later be found innocent of all terrorist ties and let go. (Grey 2007, pp. 4, 54, 284) Then, in 2006, he will tell the account of the Zubaida photos to journalist Stephen Grey. There is no sign Ghramesh has been freed. (Grey 2007, pp. 4, 54, 284) In late 2007, it will be reported that all videotapes of Zubaida’s interrogation were destroyed (see November 2005), but Ghramesh’s account suggests there may be surviving photos.

Portions of videotapes of CIA detainee interrogations are transmitted from the foreign countries where the detainees are being held back to CIA headquarters in the US, where they are reviewed by “a small number of officials.” One of the reasons the tapes are made is so that headquarters can check on the methods being used by the interrogators (see Spring-Late 2002 and Mid-May 2002 and After). These methods are said to include waterboarding and other questionable techniques (see Mid-March 2002). It is unclear what happens to these transmitted recordings when many of the videotapes of the interrogations are destroyed (see November 2005). However, in late 2007 an anonymous counterterrorism official will say there is “no reason” to believe the transmitted recordings still exist. (Isikoff and Hosenball 12/11/2007) A 2003 book by Gerald Posner will also indicate that a team of CIA officials watch the interrogation of al-Qaeda leader Abu Zubaida live on video from an adjacent room. Interrogators in the room wear earpieces so they can immediately act on suggestions from the team. (Posner 2003, pp. 188-190)

Not long after being captured, al-Qaeda leader Abu Zubaida identifies Jose Padilla as an al-Qaeda operative to his FBI interrogators (see Late March through Early June, 2002). Padilla is a US citizen, and US intelligence has been monitoring him and some of his associates in Florida for nearly a decade already (see (October 1993-November 2001)). However, the New York Times will allege in 2006: “But Mr. Zubaida dismissed Mr. Padilla as a maladroit extremist whose hope to construct a dirty bomb, using conventional explosives to disperse radioactive materials, was far-fetched. He told his questioners that Mr. Padilla was ignorant on the subject of nuclear physics and believed he could separate plutonium from nuclear material by rapidly swinging over his head a bucket filled with fissionable material” (see Early 2002). (Johnston 9/10/2006) The US arrests Padilla a short time later, when he returns to the US from an overseas trip on May 8 (see May 8, 2002). One month later, Attorney General John Ashcroft will reveal Padilla’s arrest in a widely publicized announcement, and will further allege that Padilla was actively plotting to detonate a radioactive “dirty bomb” inside the US (see June 10, 2002). However, it appears Zubaida may have been correct that Padilla was wildly overhyped. The US will later drop charges that Padilla was making a “dirty bomb,” planning any attack in the US, and was a member of al-Qaeda. (McCaffrey 11/23/2005) Journalist Ron Suskind will comment in 2006, “Padilla turned out to not be nearly as valuable as advertised at the start, though, and I think that’s been shown in the ensuing years.” (Suskind 9/7/2006)

R. Scott Shumate.R. Scott Shumate. [Source: American Psychological Association]Held in a secret CIA prison in Thailand, al-Qaeda leader Abu Zubaida is interrogated by a new team of CIA interrogators led by James Elmer Mitchell and Dr. R. Scott Shumate. Mitchell is a psychologist contracted to the CIA, while Shumate is the chief operational psychologist for the CIA’s Counterterrorist Center. Mitchell wants to use torture techniques based on reverse-engineering SERE (Survival, Evasion, Resistance, Escape), a class he has taught that trains US soldiers to resist torture by the enemy. But the techniques have never been tried before and studies will later determine they are not effective in obtaining good intelligence (see Mid-April 2002). Zubaida is resistant to Mitchell’s new aggressive techniques and refuses to talk. Mitchell concludes Zubaida will only talk when he has been rendered completely helpless and dependent, so the CIA begins building a coffin to bury Zubaida alive in but not actually kill him. This creates an intense controversy over the legality of such a technique, and ultimately it appears the burying alive is never carried out. Both domestic and international law clearly prohibits death threats and simulated killings. However, a number of aggressive techniques have just been approved at the highest political level (see Mid-March 2002), so opponents to these techniques are mostly powerless. Shumate is so strongly opposed to these techniques that he leaves in disgust. He will later tell his associates that it was a mistake for the CIA to hire Mitchell. But with Shumate gone, Mitchell is now free to use more extreme methods, and the torture of Zubaida begins in earnest around the middle of May. (Eban 7/17/2007) Around this time, the FBI also washes its hands of the controversial techniques and withdraws its personnel from the secret prison (see Mid-April-May 2002).

This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions.This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions. [Source: Bettmann / Corbis]In 2007, it will be reported that the CIA used the controversial interrogation technique of waterboarding on at least three detainees. The Associated Press will claim the detainees are:
bullet Abu Zubaida, who is captured in March 2002 and tortured around May 2002 (see March 28, 2002 and Mid-May 2002 and After).
bullet Abd al-Rahim al-Nashiri, who is captured in November 2002 (see Early October 2002 and (November 2002)).
bullet Khalid Shaikh Mohammed (KSM), who is allegedly captured in early 2003 (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003). (Hess 12/11/2007)
bullet NBC News will report a list of three that includes Hambali, who is captured in August 2003 (see August 12, 2003 and Shortly After August 12, 2003). NBC’s list also mentions KSM and Zubaida, but does not mention al-Nashiri. (Windrem 9/13/2007) In a 2007 book, former CIA Director George Tenet will hint that slightly more than three may have been waterboarded, writing, “The most aggressive interrogation techniques conducted by CIA personnel were applied to only a handful of the worst terrorists on the planet, including people who had planned the 9/11 attacks…” (Tenet 2007, pp. 242) ABC News will claim in September 2007, “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects…” (Ross, Esposito, and Raddatz 9/14/2007) Prior to 2002, waterboarding was classified by the US government as a form of torture, and treated as a serious criminal offense. US soldiers were court-martialled for waterboarding captives as recently as the Vietnam War. The technique is said to simulate death by drowning. (Mayer 8/6/2007) In the 1600s, King James I of England wrote about the torture his government was using and stated that waterboarding was the most extreme form of torture used, worse than the rack and thumbscrews. (Horton 12/15/2007) In 2007, it will be revealed that at least some of the interrogations of Zubaida and al-Nashiri were videotaped, and it is suspected by some that their waterboarding may have been taped (see Spring-Late 2002). These tapes will later be destroyed under controversial circumstances (see November 2005). A government official will later claim that waterboarding is no longer used after 2003. The CIA and US military will prohibit the use of waterboarding in 2006. (Hess 12/11/2007)

Coming from Pakistan, Jose Padilla steps off the plane at Chicago’s O’Hare International Airport and is arrested by FBI agents. Padilla is carrying $10,526, a cell phone, the names and phone numbers of his al-Qaeda training camp sponsor and recruiter, and e-mail addresses of other al-Qaeda operatives. The FBI takes him to New York and holds him in federal criminal custody on the basis of a material witness warrant in connection to a grand jury investigation into the 9/11 attacks. Padilla is a Muslim convert and also goes by the name of Abdullah Al-Muhajir. (Associated Press 6/2004; Supreme Court opinion on writ of certiorari to the United States Court of Appeals for the Second Circuit. Donald Rumsfeld v. Jose Padilla 6/28/2004)

Ahmed al-Hada, an operative who ran an al-Qaeda communications hub in Yemen that was monitored by US intelligence, is said to be arrested by authorities in Yemen, though it is not known exactly when this happened. The hub was involved in the East African embassy bombings (see August 4-25, 1998), the attack on the USS Cole (see Mid-August 1998-October 2000) and 9/11 (see Early 2000-Summer 2001). His son, who helped run the hub, died while being pursued by security forces in February 2002 (see February 13, 2002). Details such as whether he is questioned by the US, whether he is charged, and the place he is being held are unknown. (Agence France Presse 5/11/2002) According to author Lawrence Wright, he will still be in custody in 2006. (Wright 2006, pp. 378) However, an undated MSNBC article apparently written around 2005 will list him as still being at large. (Windrem 5/2005)

The New York Post has a banner headline on May 16, 2002.The New York Post has a banner headline on May 16, 2002. [Source: New York Post]The Bush administration is embarrassed when the CBS Evening News reveals that President Bush had been warned about al-Qaeda domestic attacks in August 2001 (see August 6, 2001). (Sanger 5/15/2002; Eggen and Miller 5/16/2002) CBS’s David Martin reports: “The president’s daily intelligence brief is delivered to the president each morning, often by the director of central intelligence himself. In the weeks before 9/11 it warned that an attack by Osama bin Laden could involve the hijacking of a US aircraft.” (McClellan 2008, pp. 113) Bush had repeatedly said that he had “no warning” of any kind. Press secretary Ari Fleischer states unequivocally that while Bush had been warned of possible hijackings, “[t]he president did not—not—receive information about the use of airplanes as missiles by suicide bombers.” (Sanger 5/15/2002; Eggen and Miller 5/16/2002) “Until the attack took place, I think it’s fair to say that no one envisioned that as a possibility.” (Miklaszewski 9/18/2002) Fleischer claims the August memo was titled “Bin Laden Determined to Strike the US,” but the real title is soon found to end with “Strike in US” (Woodward and Eggen 5/18/2002) The Guardian will state a few days later, “[T]he memo left little doubt that the hijacked airliners were intended for use as missiles and that intended targets were to be inside the US.” It further states that, “now, as the columnist Joe Conason points out in the current edition of the New York Observer, ‘conspiracy’ begins to take over from ‘incompetence’ as a likely explanation for the failure to heed—and then inform the public about—warnings that might have averted the worst disaster in the nation’s history.” (Vulliamy 5/19/2002) Current deputy press secretary Scott McClellan will point out in 2008: “The [CBS] report left much open to question. Was it suggesting that the president had received info that should have led him to act? Was it just a possible warning sign, like many others that may have gone unheeded? Or was it something else, possibly a nonspecific bit of intelligence from years earlier?” McClellan will write that the uncertainty “mattered little to Democratic leaders in Congress. They saw an opportunity to attack the president’s strong suit—his leadership in the war on terrorism—and cut into his enormous popularity ahead of the midterm elections that coming November.” (McClellan 2008, pp. 113)

Abu Zubaida.Abu Zubaida. [Source: New York Times]The CIA begins interrogating captured al-Qaeda leader Abu Zubaida (see March 28, 2002), using some aggressive techniques that are commonly considered to be torture. Zubaida was initially interrogated by the FBI using traditional rapport-building techniques, and many believe the FBI was obtaining valuable information (see Late March through Early June, 2002). But he is being held at a secret CIA prison in Thailand (see March 2002), and soon a new CIA team comes in and takes over (see Mid-April 2002). This team, led by controversial psychologist James Elmer Mitchell, uses such extreme methods that the FBI completely withdraws its personnel (see Mid-April-May 2002), and even some CIA personnel leave in disgust (see Between Mid-April and Mid-May 2002). By mid-May, Mitchell’s detractors are gone and the gunshot wounds Zubaida sustained during his capture have stabilized, so Mitchell begins applying even more aggressive interrogation techniques. (Posner 2003, pp. 186, 191; Suskind 2006, pp. 110-115) According to one psychologist involved in Zubaida’s interrogation, Mitchell argues that Zubaida needs to be reduced to a state of “learned helplessness.” Reserve Air Force Colonel Steve Kleinman, an experienced interrogator very familiar with Mitchell, will later say that “learned helplessness was his whole paradigm.… It starts with isolation. Then they eliminate the prisoners’ ability to forecast the future—when their next meal is, when they can go to the bathroom. It creates dread and dependency. It was the KGB model. But the KGB used it to get people who had turned against the state to confess falsely. The KGB wasn’t after intelligence.” (Mayer 8/6/2007) Journalist Ron Suskind will later claim: “According to CIA sources, [Zubaida] was waterboarded, a technique in which a captive’s face is covered with a towel as water is poured atop, creating the sensation of drowning. He was beaten, though not in a way to worsen his injuries. He was repeatedly threatened, and made certain of his impending death. His medication was withheld. He was bombarded with deafening, continuous noise and harsh lights.” (Suskind 2006, pp. 115) The New York Times will later claim: “At times, Mr. Zubaida, still weak from his wounds, was stripped and placed in a cell without a bunk or blankets. He stood or lay on the bare floor, sometimes with air-conditioning adjusted so that, one official said, Mr. Zubaida seemed to turn blue. At other times, the interrogators piped in deafening blasts of music by groups like the Red Hot Chili Peppers.” (Johnston 9/10/2006) Zubaida will reportedly later tell the Red Cross that he was also kept for a prolonged period in a cage, known as a “dog box,” so small that he unable to stand. (Mayer 8/6/2007) The CIA will claim that these aggressive methods are very effective, and soon it will begin using them on many other detainees. But others will later suggest that Zubaida gave up far less valuable information under torture than he did with the FBI’s rapport-building techniques (see June 2002). The legal authority to conduct these types of interrogations is unclear. The CIA is being advised by Michael Chertoff at the Justice Department, but there will be no formal legal opinion permitting the techniques until August 2002. (Johnston 9/10/2006)

White House spokesman Ari Fleischer misstates the title of a key presidential daily brief item from August 2001 about al-Qaeda’s intentions to attack the US (see August 6, 2001). Fleischer says: “The president was aware that bin Laden, of course, as previous administrations have well known, that bin Laden was determined to strike the United States. In fact, the label on the president’s (presidential daily briefing) was ‘Bin Laden Determined to Strike the United States.’” (Cameron 5/17/2002) Author Philip Shenon will later point out that “Fleischer had left out the title’s all-important preposition—‘in’ the United States.” (Shenon 2008, pp. 214) The full title is “Bin Laden Determined to Strike in US.” (9/11 Commission 7/24/2004, pp. 261) The Washington Post soon points out the misstatement: “White House press secretary Ari Fleischer told reporters yesterday […] the headline on the document was, ‘Bin Laden Determined to Strike the United States.’ But sources who have read the memo said the headline ended with the phrase ‘in US.’” (Woodward and Eggen 5/19/2008)

The Bush administration issues a remarkable series of terror warnings that many believe are politically motivated. Vice President Cheney warns it is “not a matter of if, but when” al-Qaeda will next attack the US. (CNN 5/20/2002) Homeland Security Director Tom Ridge says the same thing. Defense Secretary Rumsfeld says terrorists will “inevitably” obtain weapons of mass destruction (see May 21, 2002). FBI Director Mueller says more suicide bombings are “inevitable.” (Miller and Haughney 5/22/2002) Authorities also issue separate warnings that al-Qaeda militants might target apartment buildings nationwide, banks, rail and transit systems, the Statue of Liberty, and the Brooklyn Bridge. USA Today titles an article, “Some Question Motives Behind Series of Alerts.” (Locy 5/24/2002) David Martin, CBS’s national security correspondent, says, “Right now they’re putting out all these warnings to change the subject from what was known prior to September 11 to what is known now.” It had been revealed the week before that Bush received a briefing in August 2001 entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001). (Kurtz 5/27/2002) Remarkably, even Press Secretary Ari Fleischer says the alerts were issued “as a result of all the controversy that took place last week.” (Curl 5/22/2002; Gray 5/23/2002) A retired CIA official reveals that the administration “made a political decision” to make any threat public, even those deemed to be hoaxes. In response to the alleged threat to New York, the former head of the FBI bureau there states that “there really isn’t any hard information.” (Dreyfuss 9/21/2006 pdf file) Time notes, “Though uncorroborated and vague, the terror alerts were a political godsend for an administration trying to fend off a bruising bipartisan inquiry into its handling of the terrorist chatter last summer. After the wave of warnings, the Democratic clamor for an investigation into the government’s mistakes subsided.” (Ratnesar and Weisskopf 5/27/2002)

Coleen Rowley.
Coleen Rowley. [Source: Publicity photo]Minnesota FBI agent Coleen Rowley, upset with what she considers lying from FBI Director Robert Mueller and others in the FBI about the handling of the Zacarias Moussaoui case, releases a long memo she wrote about the case two weeks before 9/11. (Time 5/21/2002) Rowley also applies for whistleblower protection. Time magazine calls the memo a “colossal indictment of our chief law enforcement agency’s neglect,” and says it “raises serious doubts about whether the FBI is capable of protecting the public—and whether it still deserves the public’s trust.” (Ratnesar and Weisskopf 5/27/2002) Three days after 9/11, Mueller made statements such as, “There were no warning signs that I’m aware of that would indicate this type of operation in the country.” Rowley and other Minnesota FBI agents had “immediately sought to reach [Mueller’s] office through an assortment of higher-level FBI [headquarters] contacts, in order to quickly make [him] aware of the background of the Moussaoui investigation and forewarn [him] so that [his] public statements could be accordingly modified.” Yet Mueller continued to make similar comments, including in a Senate hearing on May 8, 2002. (Time 5/21/2002; Shenon 5/31/2002) Finally, after Rowley’s memo becomes public, Mueller states, “I cannot say for sure that there wasn’t a possibility we could have come across some lead that would have led us to the hijackers.” He also admits, “I have made mistakes occasionally in my public comments based on information or a lack of information that I subsequently got.” (Shenon 5/31/2002) Time magazine will later name Rowley as one of three “Persons of the Year” for 2002, along with fellow whistleblowers Cynthia Cooper of WorldCom and Sherron Watkins of Enron. (Ripley and Sieger 12/22/2002; Ripley and Sieger 12/22/2002)

In May 2002, the CIA began using new torture techniques on captured al-Qaeda leader Abu Zubaida (see Mid-May 2002 and After), and by June senior CIA officials prepare a preliminary report to determine whether Zubaida’s confessions are accurate or not. According to author Gerald Posner, they “found nothing that could definitively prove Zubaida a liar. And they had uncovered some minor corroborating evidence about the times and places of the meetings he had mentioned, which meant he could be telling the truth.” (Posner 2003, pp. 192) Vanity Fair will later comment that the “CIA would go on to claim credit for breaking Zubaida, and celebrate [James] Mitchell”—the psychologist who devised the torture techniques used on Zubaida by the CIA (see Late 2001-Mid-March 2002, January 2002 and After, and Mid-April 2002)—“as a psychological wizard who held the key to getting hardened terrorists to talk. Word soon spread that Mitchell and [his business partner Bruce] Jessen had been awarded a medal by the CIA for their advanced interrogation techniques. While the claim is impossible to confirm, what matters is that others believed it. The reputed success of the tactics was ‘absolutely in the ether,’ says one Pentagon civilian who worked on detainee policy.” (Eban 7/17/2007)
Much Intelligence Comes from His Possessions and FBI Interrogations - However, the reliability of Zubaida’s confessions remains controversial years later, and several factors complicate accessing their impact. For one, it appears that some of his most important confessions took place a month earlier when the FBI was interrogating him using rapport building instead of torture (see Late March through Early June, 2002). What the New York Times calls his two most notable confessions—that Khalid Shaikh Mohammed was the 9/11 mastermind and giving up the name of Jose Padilla, a militant living in the US—appear to come from this earlier period, although some accounts conflict. (Johnston and Risen 6/27/2004; Suskind 2006, pp. 116-117; Johnston 9/10/2006; Eban 7/17/2007) Furthermore, it is often not clear what was obtained from Zubaida’s confessions and what was obtained from his possessions. Journalist Ron Suskind will later write: “The phone numbers, computers, CDs, and e-mail address seized at Zubaida’s apartment now—a month after his capture—began to show a yield.… These higher-quality inputs were entered into big Cray supercomputers at NSA; many then formed the roots of a surveillance tree—truck to branches to limbs and buds.” (Suskind 2006, pp. 116-117) So while it is said that information from Zubaida helped lead to the capture of al-Qaeda figures such as Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Omar al-Faruq, and Ahmed Muhammad al-Darbi, it is unclear where this information came from exactly. (Priest 6/27/2004) Additionally, it is not even clear if he provided such leads. For instance, it has been reported that the main break that led to bin al-Shibh’s capture had nothing to do with Zubaida (see June 14, 2002 and Shortly After). (Suskind 9/7/2006)
Zubaida Describes Vague and Unverifiable Plots - By most accounts, Zubaida’s confessions under torture around this time are frustratingly vague. He describes many planned attacks, such as al-Qaeda attacks on US shopping malls, banks, supermarkets, water systems, nuclear plants, apartment buildings, the Brooklyn Bridge, the Statue of Liberty, and more. Red alerts are sounded and thousands of law enforcement personnel are activated each time, but the warnings are too vague to lead to any arrests. Suskind will later comment that Zubaida’s information was “maybe nonsense, maybe not. There was almost no way to tell.” (Suskind 2006, pp. 115-116, 121) But Suskind will later say more definitively: “[Zubaida] said, as people will, anything to make the pain stop. And we essentially followed every word and various uniformed public servants of the United States went running all over the country to various places that Zubaydah said were targets, and were not. Ultimately, we tortured an insane man and ran screaming at every word he uttered.” (Suskind 9/7/2006) Posner claims that Zubaida provided “false information intended to misdirect his captors.” For instance, “He caused the New York police to deploy massive manpower to guard the Brooklyn Bridge at the end of May [2002], after he told his interrogators that al-Qaeda had a plan to destroy ‘the bridge in the Godzilla movie.’” (Posner 2003, pp. 191)
Link between Iraq, al-Qaeda - Perhaps the most important claims Zubaida makes, at least from the viewpoint of Bush administration officials, are his allegations of an operational relationship between Iraq and al-Qaeda. Some of Zubaida’s claims will later be leaked by administration officials, particularly his assertion that Osama bin Laden’s ally Abu Musab al-Zarqawi was working directly with Saddam Hussein to destabilize the autonomous Kurdish regime in northern Iraq (see December 2001-Mid-2002, October 2, 2002, and January 28, 2003). A former Pentagon analyst will later say: “I first saw the reports soon after Abu Zubaida’s capture. There was a lot of stuff about the nuts and bolts of al-Qaeda’s supposed relationship with the Iraqi Intelligence Service. The intelligence community was lapping this up, and so was the administration, obviously. Abu Zubaida was saying Iraq and al-Qaeda had an operational relationship. It was everything the administration hoped it would be.” Another Pentagon analyst will recall: “As soon as I learned that the reports had come from torture, once my anger had subsided I understood the damage it had done. I was so angry, knowing that the higher-ups in the administration knew he was tortured, and that the information he was giving up was tainted by the torture, and that it became one reason to attack Iraq.” (Rose 12/16/2008)
Zubaida Appears to Be Feeding Interrogators' Expectations - Dan Coleman, the FBI’s top al-Qaeda expert at the time who was able to analyze all the evidence from Zubaida, will later claim that the CIA “got nothing useful from the guy.” (Stein 12/14/2007) Coleman will say: “The CIA wants everything in five minutes. It’s not possible, and it’s not productive. What you get in that circumstance are captives and captors playing to each other’s expectations, playing roles, essentially, that gives you a lot of garbage information and nothing you can use.” (Suskind 2006, pp. 114) Given his low position in the jihadist hierachy, Coleman will add, Zubaida “would not have known that if it was true. But you can lead people down a course and make them say anything.” (Rose 12/16/2008) Counterterrorism “tsar” General Wayne Downing is apparently intimately involved in Zubaida’s interrogation and will later recall: “[Zubaida] and some of the others are very clever guys. At times I felt we were in a classic counter-interrogation class: They were telling us what they think we already knew. Then, what they thought we wanted to know. As they did that, they fabricated and weaved in threads that went nowhere. But, even with these ploys, we still get valuable information and they are off the street, unable to plot and coordinate future attacks.” (Priest and Gellman 12/26/2002) In legal papers to prepare for a military tribunal hearing in 2007, Zubaida himself will assert that he told his interrogators whatever they wanted to hear to make the torture stop. (Eggen and Pincus 12/18/2007)

The photo of Mohammed on the right has been flipped to better compare it.The photo of Mohammed on the right has been flipped to better compare it. [Source: FBI]Khalid Shaikh Mohammed (KSM) is publicly identified as the “mastermind” behind the 9/11 attacks. He is believed to have arranged the logistics while on the run in Germany, Pakistan, and Afghanistan. In 1996, he had been secretly indicted in the US for his role in Operation Bojinka (see January 6, 1995), and the US began offering a $2 million reward for his capture in 1998 (see January 8, 1998), which increased to $25 million in December 2001. An international warrant for his arrest was issued in November 2000 (see November 17, 2000). (Associated Press 6/4/2002; Risen 6/5/2002) According to the New York Times, “In recent months, American counterintelligence officials have identified a small group of other al-Qaeda lieutenants as the crucial figures behind the Sept. 11 attacks” aside from KSM. They include Mohammed Atef (who is already deceased), Abu Zubaida, and Ayman al-Zawahiri. (Risen 6/5/2002) There are conflicting accounts of how much US investigators knew about KSM before 9/11. He is Pakistani, although he was born and raised in Kuwait. (CBS News 6/5/2002) He is an uncle of Ramzi Yousef, the bomber of the World Trade Center in 1993. (Risen 6/5/2002) In April 2002, captured al-Qaeda leader Abu Zubaida confessed that KSM was the 9/11 mastermind (see April 2002). It is not known how much US intelligence knew about KSM’s link to the 9/11 attacks prior that, although at least some was known (see (December 2001)).

In an address to the nation, President Bush labels captured Islamist militant Abu Zubaida (see March 28, 2002) as “al-Qaeda’s chief of operations.” He says: “Among those we have captured is a man named Abu Zubaida, al-Qaeda’s chief of operations. From him, and from hundreds of others, we are learning more about how the terrorists plan and operate; information crucial in anticipating and preventing future attacks.” He warns, “[W]e now know that thousands of trained killers are plotting to attack us, and this terrible knowledge requires us to act differently.” (Bush 6/6/2002) This is, presumably, an oblique reference to the torture being inflicted on Zubaida and other detainees by CIA personnel (see April - June 2002). And by this time, senior government officials are aware that many intelligence officials believe that Zubaida’s importance and links to al-Qaeda have been overstated (see Shortly After March 28, 2002 and April 9, 2002 and After).

An al-Qaeda trainer named Abu Zubair al-Haili is captured in Morocco. A Saudi known as “the Bear” since he weighs over 300 pounds, he is said to have run training camps in Afghanistan and is believed to be head of al-Qaeda’s operations in North Africa. He is also thought to be one of al-Qaeda’s top 25 leaders. He had allegedly been working on a plot to bomb US and British naval ships in the Strait of Gibraltar between Morocco and Spain. Seven other Saudis are arrested in Morocco in connection with the plot. One US official says al-Haili has “a wealth of information,” including details about al-Qaeda cells around the world. A senior Moroccan official says he was found based on a CIA tip that allegedly came from a detainee being held at the Guantanamo prison. (CNN 6/18/2002; MSNBC 6/22/2005) What happens to him after his arrest remains unknown. ABC News soon reports that the US is in no hurry to take custody of him because the Moroccans “can use much more persuasive methods in questioning a suspect”—presumably a reference to torture. (BBC 6/19/2002) On September 9, 2002, USA Today will report that he is still being held in Morocco. (Kelly 9/9/2002) On September 15, 2002, The Independent will report that he is in US custody. (Buncombe 9/15/2002)

President George Bush designates Padilla, who has been in custody since May 8 (see May 8, 2002), an “enemy combatant” on advice from Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft (see June 8, 2002), and directs Rumsfeld to see that he his taken into military custody. Padilla is taken to the Consolidated Naval Brig in Charleston, South Carolina sometime during the middle of that night. At the time of the transfer, Padilla was awaiting a judgment on a request made by his counsel to have the material witness warrant (see May 8, 2002) vacated. (CNN 6/11/2002)

Jose Padilla.
Jose Padilla. [Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. (Borger 6/11/2002; PBS 6/11/2002) But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. (Maddox 6/13/2002) It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” (Ridgeway 6/12/2002; Sengupta and Buncombe 6/12/2002; van Wel 6/13/2002; Pincus 6/13/2003) Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. (Dreyfuss 9/21/2006 pdf file) Bush soon privately chastises Ashcroft for overstating claims about Padilla. (Burkeman 8/15/2002) The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. (Ridgeway 6/12/2002) It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” (Burkeman 8/15/2002) Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. (Epstein 6/11/2002; Washington Post 6/11/2002) The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” (Washington Post 6/11/2002) Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).

In Doha, Qatar, Defense Secretary Donald Rumsfeld says the purpose of detaining “enemy combatant” Jose Padilla (see June 10, 2002) is to obtain information from him. “Our interest, really, in this case, is not law enforcement,” he says. “It is not punishment. Because he was a terrorist or working with the terrorists, our interest at the moment is to try to find out everything he knows so hopefully we can stop other terrorist acts.” To illustrate his argument, Rumsfeld describes a recent situation in which intelligence gained from a prisoner in Kandahar, Afghanistan, led to the prevention of three terrorist attacks in Singapore (this may be a garbled reference to the killing of Mohammed Atef, see November 15, 2001 and November 15-Late December 2001). “If someone had said when we found that information or that person, ‘Well, now, let’s arrest the person and let’s start the process of punishing that person for having done what he did,’ we never would have gotten that information, and people would have died.” (Rhem 6/11/2002)

Sheikh Hamad bin Khalifa al-Thani.Sheikh Hamad bin Khalifa al-Thani. [Source: Qatar embassy]Al Jazeera reporter Yosri Fouda recently interviewed 9/11 figures Ramzi bin al-Shibh and Khalid Shaikh Mohammed (KSM), though there are conflicting accounts about whether the interview took place before or after KSM was publicly identified as the 9/11 mastermind (see April, June, or August 2002). Author Ron Suskind will later claim in the book The One Percent Doctrine that on June 14, 2002, Fouda went to his superiors at Al Jazeera’s headquarters in Qatar and told them about the interview. He speaks to Sheikh Hamad bin Thamer al-Thani, the chairman of Al Jazeera and the cousin of the emir of Qatar, and a few others. At this time, the US is intensely pressuring the Qatari government to get Al Jazeera to tone down what the US perceives as anti-American news coverage. In fact, it is widely believed in Qatar that the US deliberately bombed the Al Jazeera office in Kabul, Afghanistan, in November 2001 to send a message. Perhaps as a result of this pressure, a few days after Fouda reveals his interview, the emir of Qatar, Sheikh Hamad bin Khalifa al-Thani, tells the CIA all about it. Fouda described some of al-Qaeda’s operational plans and even had a good idea where the apartment was in Karachi, Pakistan, where the interview took place, and what floor he had been on. Suskind claims that “No one, not even Al Jazeera management, knew the emir was making the call” to the CIA. US intelligence begins an intense surveillance of Karachi in an attempt to find KSM and bin al-Shibh (see Before September 11, 2002). Mostly because of this lead, bin al-Shibh will be arrested in Karachi in September 2002, around the time when Fouda’s interview is finally aired in public (see September 11, 2002). (Suskind 2006, pp. 134-140) Interestingly, in early September 2002, it will be reported that KSM was arrested in an apartment in Karachi on June 16, 2002, which would be right about when the CIA was given this information (see June 16, 2002).

Dennis Pluchinsky, a senior intelligence analyst with the Diplomatic Security Service in the State Department, pens an op-ed for the Washington Post that begins, “I accuse the media in the United States of treason.” Pluchinsky describes himself as a veteran “threat analyst” with 25 years of government experience. He writes that the media has no business reporting on any supposed “intelligence failures” surrounding the 9/11 attacks, calling himself “appalled and confused by many of the post-9/11 articles published at home and abroad, in newspapers, news magazines and academic journals, as well as on the Internet.”
Doing Research for Terrorists - Those articles identify the nation’s weak spots, Pluchinsky argues: “our food supply, electrical grids, chemical plants, trucking industry, ports, borders, airports, special events, and cruise ships.” Terrorists would have no trouble gleaning useful tactical details from some of the articles, he says. Worse, “[n]o terrorist group that I am aware of has the time and manpower to conduct this type of extensive research on a multitude of potential targets. Our news media, and certain think tankers and academicians, have done and continue to do the target vulnerability research for them.” America is at war, Pluchinsky argues, and therefore the media must support the government in that war. He writes that some current media reporting is equivalent to giving actionable information to “Japanese and Nazi saboteurs and fifth columnists” during World War II. There is a wealth of open-source information out there already, Pluchinsky writes; the media should not add to it and thereby make terrorists’ jobs even easier.
Media Reporting on 9/11 Hijackers Aiding Terrorists - Pluchinsky writes that the media’s extensive reporting on the 9/11 hijackers—their entries into the US, their movements and actions once in the country—have done nothing but aid future terrorists. These future terrorists will learn from their predecessors’ mistakes, Pluchinsky believes. Indeed, he asserts, media reports on earlier terrorists such as Ramzi Yousef (see April 2, 1993) likely helped the 9/11 terrorists with their plans.
Only Quote Certain Government Officials - In many cases, he writes, reporters should only interview government sources who will exercise caution in giving possibly useful information to those reporters, and refuse to quote experts and specialists from oversight groups, unions, or even private technicians or consultants. “[I]f not for the media, terrorist groups would have no access to the insights and wisdom of these people,” he writes.
Instead of Reporting News, Inform Government - Instead of writing about it in public forums, Pluchinsky recommends that reporters who believe they have found evidence of vulnerability inform someone in “the proposed Department of Homeland Security” or other government agency.
'Patriotism,' Not 'Censorship' - He writes: “A skeptic would call this censorship; a patriot would call it cooperation. This type of cooperation existed during World War II and believe me, this current war is a ‘world war’ also.” The media would win the “Osama bin Laden award” if al-Qaeda gave one out, he states.
Government Must Enforce Censorship - “This type of reporting—carrying specifics about US vulnerabilities—must be stopped or censored,” he concludes. He recommends that “the Department of Homeland Security establish a program where academicians, reporters, think tankers, or any citizen could contact the department and inform them of security vulnerabilities. If the department determined that these vulnerabilities indeed existed, then it could award ‘Homeland Security Protective Security’ certificates to individuals or ‘Homeland Security Gold Stars’ to newspaper or Internet sites that put the country first during a time of war. If displayed on its banner, this star might increase circulation.” The government should “temporarily restrict… the media from publishing any security information that can be used by our enemies. This was necessary during World War II, it is necessary now. These restrictions were backed by the American public during World War II, and I believe the public would support them now.” In World War II, the slogan was, “Loose lips sink ships,” he reminds his readers. He suggests another slogan for today: “Prolific pens propagate terrorist plots.” (Pluchinsky 6/16/2002)
So Extreme It Seems Like Satire, Critic Notes - Liberal pundit Jim Hightower later responds that Pluchinsky’s article is so extreme that he first thought it was satire. After realizing that Pluchinsky is serious, Hightower will note: “Osama’s troops are fairly savvy zealots who figured out how to fly commercial airliners into big buildings, so they already seem to have a pretty clear grasp of our vulnerabilities. It’s not like they’re waiting for Wolf Blitzer to identify targets for them!” A true patriot would not call Pluchinsky’s recommendations “patriotism,” Hightower concludes, “a patriot would call it stupid.” (Hightower 7/12/2002)
Method for Hiding Incompetence - Time’s James Poniewozik attempts to take Pluchinsky’s recommendations more seriously than Hightower, and reminds readers that the same open-source information available to terrorists is also available to government officials, law-enforcement officials, and private citizens who can use that information to help counter future attacks. He also points out that Pluchinsky’s uncritical reliance on government officials to use the knowledge given to it by trusting reporters for the public good flies in the face of what we know of the government’s response to the 9/11 attacks. Indeed, Poniewozik writes, adopting Pluchinsky’s recommendations would do little more than give government officials a shield behind which to hide their errors, miscalculations, and outright incompetence. (Poniewozik 6/18/2002) And the Toronto Star’s Lynda Hurst will observe, “[W]arnings work both ways: If anybody had written about the possibility of terrorists taking flying lessons, that alone might have put a wrench into 9/11.” (Hurst 9/8/2002)

Both the 9/11 Congressional Inquiry and the 9/11 Commission examine the NSA’s intercepts of various calls made by the hijackers to an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). The 9/11 Congressional Inquiry refers to several of the calls and gives an idea of the content of some of them. But it does not mention those made by Nawaf Alhazmi and possibly other hijackers from the US after the USS Cole bombing, which are only disclosed later in the media (see Mid-October 2000-Summer 2001 and March 15, 2004 and After). However, this section of the Inquiry report is heavily redacted so most details remain unknown. It states that, although the NSA intercepted the calls and disseminated dispatches about some of them, the NSA did not realize the hijackers were in the US at the time the calls were made. (US Congress 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file) The 9/11 Commission Report contains a briefer section on the intercepts and deals with those which led to the surveillance of the al-Qaeda summit in Malaysia (see January 5-8, 2000). In addition, it mentions that Almihdhar called his wife from San Diego in the spring of 2000, but fails to mention that his wife lived at an al-Qaeda communications hub and that the calls were intercepted by the NSA (see Spring-Summer 2000). (9/11 Commission 7/24/2004, pp. 181, 222) The Los Angeles Times comments: “The [9/11 Congressional Inquiry] and the Sept. 11 commission that came after it referred indirectly to the calls from Yemen to San Diego. But neither report discloses what the NSA gleaned from the calls, or why they were never disclosed to the FBI.” (Meyer 12/21/2005) The publication of the 9/11 Commission report and revelations about domestic surveillance by the NSA will lead to increased media interest in and revelations about the intercepts starting from 2004 (see March 15, 2004 and After).

Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). (Leopold 2/22/2009)

Sheikh Ahmed Salim Swedan.Sheikh Ahmed Salim Swedan. [Source: FBI]Al-Qaeda leader Sheikh Ahmed Salim Swedan is allegedly arrested in Methadar, a slum region of Karachi, Pakistan. Swedan, a Kenyan, had been wanted for a key role in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The slum area where he is arrested is said to have been used by al-Qaeda to ship gold and al-Qaeda operatives out of Pakistan after 9/11, and thousands of dollars, fake passports, and visa stamps are found in his house. Pakistani agents are said to have been led to Swedan by satellite telephone intercepts provided by the FBI. Neighbors will later claim to have seen Swedan taken away, but both the US and Pakistani governments deny that he has been arrested. (Daily Times (Lahore) 9/9/2002; Shazed 9/11/2002) His name is not taken off an FBI wanted list years after his alleged arrest. In 2007, Amnesty International and other human rights groups will claim that he has been secretly held by the US or renditioned to another country (see June 7, 2007). In 2008, counterterrorism expert Peter Bergen will conclude based on various reports that Swedan was renditioned by the US from Pakistan in 2002. (Bergen and Tiedemann 3/3/2008) However, reports of Swedan’s capture appear to be incorrect, because later reports will say that he is killed in a CIA drone strike in Pakistan in 2009 (see January 1, 2009). If so, it is unknown who neighbors say they saw captured on this date.

CIA attorneys meet with White House Counsel Alberto Gonzales, the Justice Department’s head of its criminal division, Michael Chertoff, and aides and lawyers from the National Security Council, Justice Department, and FBI. The meeting provides participants with an overview of the proposed interrogation plan for captured Islamist militant Abu Zubaida (see Mid-May, 2002). (Senate Intelligence Committee 4/22/2009 pdf file) The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Saeed Sheikh and three co-defendants are judged guilty for the murder of reporter Daniel Pearl. Saeed, the supposed mastermind of the murder, is sentenced to death by hanging, and the others are given 25-year terms. Saeed threatens the judge with retribution. As if to confirm that his death covers up unpleasant truths, in the stories of his sentencing every major US media story fails to report Saeed’s connections to 9/11 and even to the ISI. (Linzer 7/15/2002; Gannon 7/15/2002; News 7/15/2002; CNN 7/15/2002; Watson 7/15/2002; Colt 7/15/2002; Filkins 7/15/2002; Reuters 7/15/2002; Levine 7/15/2002; Khan 7/15/2002; O'Neill 7/16/2002) In contrast, the British media connects Saeed to the ISI (McCarthy 7/16/2002; McCarthy 7/16/2002; Williams 7/16/2002) , al-Qaeda (Fisk 7/16/2002) , the 9/11 attacks (Mcginty 7/16/2002) , or some combination of the three (Hussain and McGrory 7/16/2002; Williams 7/16/2002; O'Neill 7/16/2002) (with one exception (Abbas 7/16/2002; BBC 7/16/2002) ). The US and British governments both approve of the verdict. (Levine 7/15/2002; BBC 7/15/2002) In the US, only the Washington Post questions the justice of the verdict. (Khan 7/15/2002; Khan 7/16/2002) By contrast, all British newspapers question the verdict, and subsequently raise additional questions about it (see July 16-21, 2002). Saeed has appealed the decision, but a second trial has yet to begin. (Nadeem 8/18/2002)

CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). (Senate Intelligence Committee 4/22/2009 pdf file; BBC 4/23/2009) The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Terror suspect Binyam Mohamed (see May-September, 2001) is flown from Pakistan to Morocco as part of a joint British-American attempt to force him to divulge information about possible nuclear devices owned by Islamist militants (see May 17 - July 21, 2002). He is flown—trussed, gagged, blindfolded, and diapered (see October 4, 2001)—to Rabat, Morocco, a flight later confirmed by the CIA’s own flight logs. He remains in Moroccan custody for 15 months.
Beaten, Slashed with Scalpels - As he will later recall, he is introduced to Moroccan detention practices by an interrogator named Marwan, who gives him thorough and repeated beatings. When Mohamed has been softened up: “[T]hey cut off my clothes with some kind of doctor’s scalpel. I was totally naked.… They took the scalpel to my right chest. It was only a small cut. Maybe an inch. Then they cut my left chest. One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony, crying, trying desperately to suppress myself, but I was screaming. I remember Marwan seemed to smoke half a cigarette, throw it down, and start another. They must have done this 20 to 30 times in maybe two hours. There was blood all over. They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists.” This happens time and again over the next 15 months.
British Complicity in CIA, Moroccan Interrogations - Documents disclosed for Mohamed’s later lawsuit against the US (see February 4, 2009) show that British MI5 agents are aware of the entirety of Mohamed’s treatment, and are in collusion with the Moroccans and the US in Mohamed’s treatment; on September 30, MI5 and CIA officials hold a conference where Mohamed’s treatment and interrogation are discussed. During much of Mohamed’s detention in Morocco, MI5 passes questions and photographs to the CIA for use in Mohamed’s interrogations (see February 24, 2009). Mohamed will later recall: “They started bringing British files to the interrogations—thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people torturing me, I felt completely naked. It was when they started asking the questions supplied by the British that my situation worsened. They sold me out.”
Elaborate Confessions - By this time, as Mohamed will recall, he is willing to confess to anything to make the torture stop. “They had fed me enough through their questions for me to make up what they wanted to hear,” he will recall. “I confessed to it all. There was the plot to build a dirty nuclear bomb, and another to blow up apartments in New York with their gas pipes.” The “gas pipe” plot connects Mohamed to 9/11 plotter Khalid Shaikh Mohammed, who supposedly conceived of the idea. “I said Khalid Shaikh Mohammed had given me a false passport after I was stopped the first time in Karachi and that I had met Osama bin Laden 30 times,” Mohamed will recall. “None of it was true. The British could have stopped the torture because they knew I had tried to use the same passport at Karachi both times (see September 2001 - April 9, 2002). That should have told them that what I was saying under torture wasn’t true. But so far as I know, they did nothing.”
'Rendered' to Afghanistan - Fifteen months after being “rendered” to Morocco, Mohamed is “rendered” to Afghanistan by the CIA (see January-September 2004). (Rose 3/8/2009)

Erich Josef Gliebe.Erich Josef Gliebe. [Source: Cleveland Scene]William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978) dies of cancer. He is replaced by Erich Josef Gliebe, a former boxer who runs Resistance Records, the Alliance-allied white power music label (see Late 1993 and Summer 1999), and publishes the label’s associated magazine, Resistance. Gliebe’s father was a member of the German Army during World War II, and Gliebe says he grew up “racially conscious.”
Plans for Alliance after His Death - Pierce dies unexpectedly, but had long cited his failing health and advancing age as causes for concern, and said the Alliance must not make the mistakes of earlier white supremacist organizations such as the American Nazi Party (which fell apart after its leader and Pierce’s mentor, George Lincoln Rockwell, was assassinated in 1967) and the Christian Nationalist Crusade (which collapsed after the death of its leader Gerald L.K. Smith). He made careful arrangements for the Alliance to continue after his death, and leaves almost all of his personal property to the organization, including 230 acres of property in West Virginia that houses the Alliance’s compound and headquarters (see 1985), along with some 60 acres belonging to Pierce’s “Cosmotheist Community Church,” which he has tried to classify as tax-exempt (see 1978).
Multi-Million Dollar Business - Under Gliebe’s leadership, the Alliance generates over $4 million a year in income, largely from the sale of white power music recordings, books, videos, and related merchandise. It broadcasts a weekly radio program, American Dissident Voices. In August 2002, the Center for New Community writes that the Alliance will likely “continue to play a strong role in the contemporary white nationalist movement, particularly by recruiting young people through its white power music distribution and merchandising.” (The organization has been particularly successful at disseminating its message during concerts by the Texas thrash-metal group Pantera, whose lead singer has worn pro-fascist shirts on stage; Alliance members hand out recruitment flyers at the shows headlined: “Remember when Heavy Metal was for Whites only? We do!”) It sells two video games, one called “Ethnic Cleansing,” where players get to exterminate minority citizens in a graphic, brutal “first-person shooter” style.
Largest Neo-Nazi Group in North America - The Alliance claims over 2,500 members and units or “proto-units” (local groups that have met membership requirements but not yet been sanctioned by national headquarters) in 43 American and five Canadian cities, making it the largest and best-organized neo-Nazi group in North America. It has more than doubled its membership since the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
Moderating Message, Expanding Contact with Similar Groups - Pierce led the organization in “moderating” its message, abandoning the Klan robes, brown Nazi-like uniforms, camouflage attire, and coarse racial slurs that other groups often sport. Leonard Zeskind of the Institute for Research and Education on Human Rights has written: “Their only uniform will be their white skins. They will seek to establish a white nation-state, with definable economic, political, and racial borders, out of the wreckage they hope to create of the United States. And from Pierce they will have learned the arts and sciences of Aryan revolution.” Along with their white power musical concerts and rallies, Alliance members have marched with neo-Confederate groups and worked with younger, more violent “skinhead” groups. Generally, the Alliance shuns many public rallies, preferring instead to “build a revolutionary infrastructure” by training what the Center for New Community will call “dedicated cadres of activists outside the eye of the public.” It has worked closely with the more overtly violent Hammerskin Nation, both in distributing “white power” music (the “Hammerskins” distribute music through Panzerfaust Records) and coordinating public activities.
White Supremacists Praise Pierce after Death - A number of white supremacist leaders will praise Pierce in the days after his death. Former Ku Klux Klan leader David Duke says Pierce “helped people think straight about the Jewish Question and the other vital realities of race.” The overtly racist British National Party (BNP) says in a statement: “The death of Dr. Pierce has opened a huge gap in the nationalist movement in the United States. We hope for the sake of the future generations of white children for whom he felt so strongly that it will not be filled by crude inferior copies of William Pierce—the man was unique!” Dan Gentry of Christian Research praises “Pierce’s love and concern for the racial camaraderie of Celto-Saxons.” Richard Butler, the head of the neo-Nazi Aryan Nations (see Early 1970s), says, “The White Aryan race has lost a great intellectual mind and a Noble Warrior for Gods [sic] eternal truth.” And Matthew Hale, the leader of the violent separatist World Church of the Creator (see May 1996 and After), writes, “We appreciate the comradeship of many National Alliance members over the years and undoubtedly [Pierce’s] presence will be missed.” (Center for New Community 8/2002 pdf file)

The Justice Department’s Office of Legal Counsel verbally informs the CIA that Attorney General John Ashcroft has concluded that the proposed interrogation techniques being used against captured Islamist militant Abu Zubaida (see April 2002, Mid-May, 2002, and July 17, 2002) are legal. (Senate Intelligence Committee 4/22/2009 pdf file)

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), writes a secret memo to John Rizzo, the acting general counsel of the CIA. The memo is entitled: “Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency: Interrogation of al-Qaeda Operative.” It will be released seven years later, after prolonged litigation by the American Civil Liberties Union (ACLU—see April 16, 2009). It parallels another secret memo written by OLC lawyer John Yoo for White House counsel Alberto Gonzales (see August 1, 2002). The memo, written at the request of CIA officials, finds that the use of the interrogation techniques proposed for use on captured Islamist extremist Abu Zubaida are consistent with federal law (see Mid-May, 2002 and July 17, 2002). The OLC has determined that the only federal law governing the interrogation of a non-citizen detained outside the US is the federal anti-torture statute, Section 2340A of Title 18 of the US Code. Bybee’s memo goes into detail about 10 torture techniques, and explains why they are all legal to use on Abu Zubaida (see March 28, 2002), currently being held in a secret CIA “black site” in Thailand (see April - June 2002). Bybee writes that Zubaida will enter a new, “increased pressure phase” of interrogation, and will be dealt with by a “Survival, Evasion, Resistance, and Escape (‘SERE’) training psychologist, who has been involved with the interrogations since they began.” (Office of Legal Counsel 8/1/2002 pdf file; American Civil Liberties Union [PDF] 1/28/2009 pdf file; Senate Intelligence Committee 4/22/2009 pdf file)
Lack of Intent Equates Legality - As long as there is no intent to cause “severe pain or suffering,” Bybee writes, none of these techniques violate US law. “To violate the statute, an individual must have the specific intent to inflict severe pain or suffering,” Bybee writes. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture.… We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” (Office of Legal Counsel 8/1/2002 pdf file; CNN 4/17/2009)
Ten Techniques of Authorized Torture - Bybee explains the 10 techniques that can be used on Zubaida:
bullet Attention grasp: “The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator.”
bullet Walling: “For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and then quickly and firmly pushes the individual into the wall. It is the individual’s shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebound from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sound when the individual hits it, which will further shock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that might result from the action.”
bullet Facial hold: “The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual’s face. The fingertips are kept well away from the individual’s eyes.”
bullet Facial slap (insult slap): “With the facial slap or insult slap, the interrogator slaps the individual’s face with fingers slightly spread. The hand makes contact with the area directly between the tip of the individual’s chin and the bottom of the corresponding earlobe. The interrogator invades the individual’s personal space. The goal of the facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.”
bullet Cramped confinement: “Cramped confmement involves the placement of the individual in a confined space, the dimensions of which restrict the individual’s movement. The confined space is usually dark. The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up to 18 hours; for the smaller space, confinement lasts for no more than two hours.”
bullet Wall standing: “Wall standing is used to induce muscle fatigue. The individual stands about four to five feet from a wall with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on the wall. His fingers support all of his body weight. The individual is not permitted to move or reposition his hands or feet.”
bullet Stress positions: “A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body. Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fatigue. Two particular stress positions are likely to be used on [Zubaida]: (1) sitting on the floor with legs extended straight out in front of him with his arms raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound.”
bullet Sleep deprivation: “You have indicated that your purpose in using this technique is to reduce the individual’s ability to think on his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction. You have orally informed us that you would not deprive [Zubaida] of sleep for more than 11 days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted.”
bullet Insect confinement: “You would like to place [Zubaida] in a cramped confinement box with an insect. You have informed us he has a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a caterpillar in the box. [REDACTED]”
bullet Waterboarding: “Finally, you would like to use a technique called the “water-board.” In this procedure, the individual is bound securely on an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of ‘suffocation and incipient panic,’ i.e.,the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a beight of 12 to 24 inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally infomed us that it is likely that this procedure would not last more than 20 minutes in any one application.… You have informed us that this procedure does not inflict actual physical harm.… The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict ‘severe pain and suffering.’”
Techniques Can Be Used in Conjunction with One Another - Bybee writes: “You have informed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince [Zubaida] that the only way he can influence his surrounding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these teclmiques may be used with more than once, that repetition wllI not be substantial because the techniques generally lose their effectiveness after several repetitions.” (Office of Legal Counsel 8/1/2002 pdf file; American Civil Liberties Union [PDF] 1/28/2009 pdf file; Senate Intelligence Committee 4/22/2009 pdf file)
Factual Background for Analysis - The opinion also gives the factual background for the legal analysis, including CIA research findings on the proposed techniques and their possible effect on Zubaida’s mental health. Much of those findings uses as a touchstone the results gleaned from the military’s SERE training, which uses stressful interrogation techniques, including a form of waterboarding, against US soldiers as part of their counterterrorism training. As the Senate Intelligence Committee will later write, Bybee’s “opinion discussed inquiries and statistics relating to possible adverse psychological reactions to SERE training.” The law clearly prohibits an interrogation method “specifically intended” to inflict “severe physical or mental pain or suffering.”
No Technique Constitutes Torture, Bybee Concludes - Bybee’s opinion considers whether each of the proposed interrogation techniques, individually or in combination, might inflict “severe physical pain or suffering” or “severe mental pain or suffering” on Zubaida or other detainees. The opinion also considers whether interrogators using the technique would have the mental state necessary to violate the statute. Bybee concludes that none of the techniques used individually would inflict “severe physical pain or suffering.” Waterboarding would not inflict such harm, Bybee writes, because it inflicts neither physical damage or physical pain. Nor would it inflict extensive “physical suffering,” because the “suffering” would not extend for the period of time required by the legal definition of the term. None of the techniques, including waterboarding, would inflict “severe mental pain or suffering” as defined in the federal statute, Bybee writes. He bases this conclusion on reports from SERE training, where US soldiers are subjected to brief, strictly supervised sessions of waterboarding as part of their anti-torture training. And, Bybee writes, since the techniques individually do not constitute physical suffering, neither will they constitute such suffering in conbination, because they will not be combined in such a way as to reach that threshold. Bybee writes that the OLC lacks the information necessary to conclude whether combinations of those techniques would inflict severe mental suffering; however, because no evidence exists to suggest that a combination of the techniques would inflict an excessive level of mental harm, using the techniques in combination is not precluded. Bybee also concludes that any interrogator using these techniques would not have a specific intent to inflict severe mental or physical pain or suffering, because the circumstances surrounding the use of the techniques would preclude such intent. Therefore, Bybee concludes, none of these techniques violate the federal anti-torture statute. (American Civil Liberties Union [PDF] 1/28/2009 pdf file; Senate Intelligence Committee 4/22/2009 pdf file)

Kevin Ryan.Kevin Ryan. [Source: Health Web Summit]Kevin Ryan is sworn in as the US Attorney for the Northern District of California. A former deputy district attorney, Ryan has served as a municipal court judge in San Francisco and a California Superior Court judge. (CBS News 2007; US Department of Justice, Office of the Inspector General 9/29/2008; Thomas 2011) Ryan comes in after the strong but contentious tenure of his predecessor, Robert Mueller, who left in 2001 to head the FBI. Mueller was succeeded for a year by interim US Attorney David Shapiro. Mueller came to the Northern District in 1998, after his predecessor, Michael Yamaguchi, resigned under fire for letting the office’s morale sink and the caseload dwindle. Mueller fired a dozen supervisors in his first six months on the job and pushed his staff to file more cases. His critics termed Mueller a dictator, but “Main Justice” in Washington considered him a star. He revamped the office and refurbished its reputation, and successfully prosecuted several high-profile cases. When Mueller left to join the FBI, the Justice Department wanted to find someone equally capable to replace him. Ryan is not only a respected judge, but a devoted Republican who routinely listens to Rush Limbaugh in his court chambers. Former federal prosecutor Rory Little says of Ryan: “He’s a real Boy Scout. He believes in the work.” Yamaguchi’s predecessor, Joseph Russoniello, chaired the search committee that selected Ryan for the job. Russoniello said that although Ryan lacks federal court experience, that deficiency should not hinder his ability to head the office. In 2002, he told a reporter, “What is important is the capacity to manage a lot of people who do have a deep understanding of the rules.” (Kuz 10/4/2006) There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. (US Department of Justice, Office of the Inspector General 9/29/2008)

An article in Time magazine briefly mentions a key meeting between the CIA and National Security Adviser Condoleezza Rice, where top CIA officials warned Rice of an impending attack (see July 10, 2001). The meeting will be left out of the 9/11 Commission report, although CIA Director George Tenet will tell the Commission about it (see January 28, 2004). Time writes: “In mid-July, Tenet sat down for a special meeting with Rice and aides. ‘George briefed Condi that there was going to be a major attack,’ says an official; another, who was present at the meeting, says Tenet broke out a huge wall chart… with dozens of threats. Tenet couldn’t rule out a domestic attack but thought it more likely that al-Qaeda would strike overseas.” (Elliot 8/4/2002) According to a transcript of Tenet’s testimony to the 9/11 Commission, he told Rice there could be an al-Qaeda attack in weeks or perhaps months, that there would be multiple, simultaneous attacks causing major human casualties, and that the focus would be US targets, facilities, or interests. As Time reports, Tenet says the intelligence focuses on an overseas attack, but a domestic attack could not be ruled out. (Eggen and Wright 10/3/2006) News of the meeting will emerge in 2006 (see September 29, 2006), but the 9/11 Commission members will deny they were told about it. After the transcript is shared with reporters, they will reverse their denials (see September 30-October 3, 2006). Rice will also deny the meeting took place, only to reverse her position as well (see October 1-2, 2006).

The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
bullet He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
bullet He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
bullet He is forced to wear women’s underwear on his head and to put on a bra.
bullet He is threatened by dogs, placed on a leash, and told that his mother was a whore.
bullet He is stripped naked, shaved, and forced to bark like a dog.
bullet He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
bullet He is forced to live in a cell deprived of heat
bullet He is given large quantities of intravenous liquids and denied access to a toilet
bullet He is deprived of sleep for days on end.
bullet He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” (Mayer 2/27/2006; Sands 5/2008)
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” (Sands 5/2008)

The Los Angeles Times reports that “despite intense interrogations and investigations,” no senior al-Qaeda leaders appear to be amongst the nearly 600 detainees at the Guantanamo prison. One US official says that some usual intelligence has been gained from the detainees, but “it’s not roll-up-plots, knock-your-socks-off-kind of stuff.” This official says the detainees are mostly “low-and middle-level” fighters and supporters, not “the big-time guys” high enough to help unravel plots and understand al-Qaeda’s structure. Another official similarly says there are “no big fish” there. “Some of these guys literally don’t know the world is round.” The Times also notes that several European countries “have quietly offered to take prisoners home and put them on trial if US officials can provide evidence that they have committed a crime.” But none has been released for trial so far. (Drogin 8/18/2002) The New York Times will confirm in June 2004 that no al-Qaeda or Taliban leaders are being held at the prison and that in fact the vast majority are innocent of any militant connections (see June 21, 2004). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Howard Kurtz.Howard Kurtz. [Source: CNN / ThinkProgress.org]In 2007, Washington Post media critic Howard Kurtz will say, “From August 2002 until the war was launched in March of 2003 there were about 140 front page pieces in The Washington Post making the [Bush] administration’s case for war. It was, ‘The President said yesterday.’ ‘The Vice President said yesterday.’ ‘The Pentagon said yesterday.’ Well, that’s part of our job. Those people want to speak. We have to provide them a platform. I don’t have anything wrong with that. But there was only a handful—a handful—of stories that ran on the front page, some more that ran inside the pages of the paper, that made the opposite case. Or, if not making the opposite case, raised questions.” (Moyers 4/25/2007) Kurtz will also write in an August 2004 front page Washington Post story criticizing the newspaper’s pre-war coverage, “An examination of the paper’s coverage, and interviews with more than a dozen of the editors and reporters involved, shows that The Post published a number of pieces challenging the White House, but rarely on the front page. Some reporters who were lobbying for greater prominence for stories that questioned the administration’s evidence complained to senior editors who, in the view of those reporters, were unenthusiastic about such pieces. The result was coverage that, despite flashes of groundbreaking reporting, in hindsight looks strikingly one-sided at times.” At the time, The Post’s editorial page was strongly advocating war with Iraq. For instance, a day after Colin Powell’s presentation to the UN (see February 5, 2003), the Post commented that “it is hard to imagine how anyone could doubt that Iraq possesses weapons of mass destruction.” (Kurtz 8/12/2004)

Mohammed Mansour Jabarah.Mohammed Mansour Jabarah. [Source: CBC]A number of governments are given warnings suggesting an upcoming attack on nightclubs on the island of Bali, Indonesia, but this does not prevent the bombing of two nightclubs in Bali in October 2002 (see October 12, 2002). Mohammed Mansour Jabarah, an al-Qaeda operative with Canadian citizenship, attended a meeting held in January 2002 in southern Thailand led by Hambali, an al-Qaeda leader who also heads the al-Qaeda affiliate Jemaah Islamiyah (JI). Hambali announces a new plan to target nightclubs and restaurants in Southeast Asia. A second meeting held shortly thereafter also attended by Jabarah (but not Hambali) narrowed the target to nightclubs in Bali. Jabarah was arrested in Oman in April 2002 and deported to Canada. By August, he is in the US and is interrogated by US agents, and he reveals this attack plan. He also reveals code phrases, such as the use of “white meat” to refer to US targets. As a result, the FBI completes an intelligence report on his interrogation on August 21, and passes a warning to all Southeast Asian governments immediately thereafter. A leading counterterrorism expert will later say, “There is absolutely no question [Australia] would have received [the report] under our intelligence-sharing agreement with the US, [Britain], and Canada.” (Wilkinson 1/23/2003; Kingston 10/10/2003) A US intelligence report in early September will list six likely targets, including two nightclubs in Bali (see Early September 2002).

Cheney speaking before the Veterans of Foreign Wars.Cheney speaking before the Veterans of Foreign Wars. [Source: White House]In a speech to the Nashville convention of the Veterans of Foreign Wars, Vice President Dick Cheney says Saddam Hussein will “seek domination of the entire Middle East, take control of a great portion of the world’s energy supplies, directly threaten America’s friends throughout the region, and subject the United States or any other nation to nuclear blackmail.” He also states unequivocally that Iraq has weapons of mass destruction. “Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction. There is no doubt that he is amassing them to use against our friends, against our allies, and against us.… What he wants is time, and more time to husband his resources to invest in his ongoing chemical and biological weapons program, and to gain possession of nuclear weapons.… Deliverable weapons of mass destruction in the hands of a terror network, or a murderous dictator, or the two working together constitutes as grave a threat as can be imagined,” he says. “The risks of inaction are far greater than the risk of action.… The Iraqi regime has in fact been very busy enhancing its capabilities in the field of chemical and biological agents, and they continue to pursue the nuclear program they began so many years ago.” Therefore he argues, the answer is not weapons inspections. “Against that background, a person would be right to question any suggestion that we should just get inspectors back into Iraq, and then our worries will be over. Saddam has perfected the game of shoot and retreat, and is very skilled in the art of denial and deception. A return of inspectors would provide no assurance whatsoever of his compliance with UN resolutions.” He also says: “Regime change in Iraq would bring about a number of benefits to the region. When the gravest of threats are eliminated, the freedom-loving peoples of the region will have a chance to promote the values that can bring lasting peace.” (Cheney 8/26/2002)
First White House Assertion of Iraq's Nuclear Program - Cheney’s speech marks the first major statement from the White House regarding the Bush administration’s Iraq policy following a flood of criticisms from former officials. Significantly, the speech was not cleared by the CIA or the State Department. (Fineman and Lipper 9/9/2002) Furthermore, Cheney’s comments dismissing the need for the return of inspectors, were not cleared by President Bush, according to White House chief of staff Andrew Card. (Fineman and Lipper 9/9/2002) The speech creates a media stir because it is the first time a senior US official has asserted Iraq has nuclear capabilities with such certainty. The CIA is astonished by the claim. CIA official Jami Miscik will later recall: “He said that Saddam was building his nuclear program. Our reaction was, ‘Where is he getting that stuff from? Does he have a source of information that we don’t know about?’” CIA analysts redouble their efforts to collect and review evidence on Iraq and nuclear weapons, but analysts know very little. (Suskind 2006, pp. 167-169) Cheney’s assertions are contradicted by a broad base of military experts. (Dean 2004, pp. 138)
Powell 'Blindsided' by Cheney - Three days after the speech, a State Department source tells CNN that Secretary of State Colin Powell’s view clashes with that which was presented in Cheney’s speech, explaining that the secretary of state is opposed to any military action in which the US would “go it alone… as if it doesn’t give a damn” what other nations think. The source also says that Powell and “others in the State Department were ‘blindsided’ by Cheney’s ‘time is running out’ speech… and were just as surprised as everyone else.” (Koppel 8/30/2002) Author and Washington Post reporter Bob Woodward will later describe Powell as “dumbfounded.” (Roberts 2008, pp. 145) Cheney did, however, inform President Bush he would be speaking to the VFW. He did not provide Bush a copy of his speech. Bush merely told Cheney, “Don’t get me into trouble.” (Dubose and Bernstein 2006, pp. 175)
'Off Script' - Current deputy press secretary Scott McClellan will later observe that it was always a tactic of the Iraq campaign strategy for Cheney to “lean a little more forward in his rhetoric than the president.” However, McClellan will go on to say that Cheney did not always “stay on message,” and will blame Cheney’s “deep-seated certitude, even arrogance” that sometimes operates “to the detriment of the president.” Cheney’s assertion to the VFW that it would be pointless to send UN inspectors back to Iraq is, McClellan will reflect, “off script.” Bush wants to continue to “show that he [is] exhausting all diplomatic options” before invading Iraq. (McClellan 2008, pp. 138)

Patsy Spier, an American teacher wounded in the attack. Her husband Rick Spier was killed.Patsy Spier, an American teacher wounded in the attack. Her husband Rick Spier was killed. [Source: US Department of Justice]A group of US teachers traveling in the Indonesian province of Papua (also known as Irian Jaya) are ambushed on a jungle road. Two American teachers and one Indonesian teacher are killed, and eight American teachers are injured. The ambush takes place on a road owned by the company Freeport-McMoRan, which owns an extremely lucrative gold and copper mine nearby. The road is tightly controlled by the Indonesian military, the TNI, and a military check point is only 500 yards away. The TNI quickly blames the killings on the Free Papua Movement (OPM), a separatist group in the province. But a preliminary Indonesian police investigation finds that “there is a strong possibility” the ambush was carried out by members of the Indonesian military. Other classified reports presented to Congress by the CIA and FBI suggest the TNI was behind the ambush. (Priest 6/22/2003) The weeks later, a US intelligence report suggests that senior Indonesian military officials discussed an operation against Freeport shortly before the ambush (see Mid-September 2002). (Nakashima and Sipress 11/3/2002) Matthew P. Daley, deputy assistant secretary of state for East Asian and Pacific Affairs, later says: “The preponderance of evidence indicates to us that members of the Indonesian army were responsible for the murders in Papua. The question of what level and for what motive did these murders take place is of deep interest to the United States.” At the time, over 2,000 security personnel were guarding the Freeport mine, and this has been a lucrative business for the TNI. However, Freeport had made recent comments in the local media that they were planning on cutting the security forces. The Washington Post will report in 2003 that the FBI is investigating the possibility that the ambush was designed to make Freeport increase its payments to the TNI. The Post will additionally report US officials also believe that “elements of the military may have wanted to frame the [OPM] in the hope of prompting the State Department to add the group to the department’s terrorist list. If the separatists were listed as a terrorist group, it would almost guarantee an increase in US counterterrorism aid to the Indonesian military.” (Priest 6/22/2003) In 2006, the New York Times will report that, despite all the evidence, “Bush administration officials [have] consistently sought to absolve the Indonesian military of any link to the killings.” In November 2005, the US officially restores ties to the TNI despite the unresolved nature of the killings. The ties had been cut for 12 years due to widespread human rights abuses by the TNI. Also in 2006, Anthonius Wamang, the main suspect in the killings who was recently arrested, will confess that he did shoot at the teachers, but so did three men in Indonesian military uniforms. Furthermore, he says he was given his bullets by a senior Indonesian soldier. Wamang is said to belong to the OPM, but a human rights group connects him to the TNI. (Bonner 1/14/2006) After the Bali bombings less than two months later (see October 12, 2002), the Asia Times will point to the Papua ambush to suggest that elements in the TNI could have had a role in the Bali bombings as well. (Fawthrop 11/7/2002)

Some congressional leaders are reportedly briefed on the CIA’s detainee interrogation program, but what is actually said will later be disputed. The briefing is described as “a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk,” and apparently mentions waterboarding and information gleaned from detainees, according to two unnamed officials who are present and will later talk to the Washington Post.
Few, if Any, Objections Raised - Due to the feeling of “panic” following 9/11, the legislators’ attitude is described as, “We don’t care what you do to those guys as long as you get the information you need to protect the American people,” and two even ask if the methods are “tough enough.” The briefing, apparently one of the first of a series of around 30 private briefings on the CIA’s interrogation program, is for the “Gang of Eight,” the four top congressional leaders and the senior member from each party on the House and Senate intelligence committees. However, the methods used are only described in some of the briefings, and some of the meetings are just for the “gang of four”—intelligence committee members only. The groups are said to be so small because they concern highly secret covert activities, although it will later be suggested that the administration’s motivation is “partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.” One of the committee members present is Nancy Pelosi (D-CA), and other officials that receive such briefings are reported to include Jane Harman (D-CA), Bob Graham (D-FL), Jay Rockefeller (D-WV), Porter Goss (R-FL) and Pat Roberts (R-KS). Harman is said to be the only one to object at any point. The attendees’ recollections of the meeting will later vary greatly. Goss will say, “Among those being briefed, there was a pretty full understanding of what the CIA was doing… And the reaction in the room was not just approval, but encouragement,” although this may not be a reference to this specific meeting. Graham, who will leave the Senate Intelligence Committee in January 2003, will later say he has no memory of being told about waterboarding, “Personally, I was unaware of it, so I couldn’t object.” A “source familiar with Pelosi’s position” will say that she participates in a discussion of enhanced interrogation techniques, but understands they are at the planning stage at this time and are not in use. (Warrick and Eggen 12/9/2007)
Restrictions on Information - Graham will later describe the limitations placed on legislators who receive such briefings: “In addition to the fact that the full members of the committee can’t hear what’s happening, those who are in the room are very restricted. You can’t take any notes. You can’t bring anyone with you and after the meeting, you cannot discuss what you’ve heard. So that if, for instance, there’s an issue about, is this legal under the Geneva Convention, you can’t go to someone who’s an expert on that subject and get their opinion. It’s a very limiting situation.” (CNN 12/13/2007)
Secret Interrogations Already Underway - The CIA has been conducting aggressive interrogations since at least May 2002 (see Mid-May 2002 and After), but is has no firm legal basis to perform them until the Justice Department gives approval in August 2002 (see August 1, 2002). CIA Director George Tenet will later comment in a 2007 book, “After we received the written Department of Justice guidance on the interrogation issue, we briefed the chairmen and ranking members of our oversight committees. While they were not asked to formally approve the program as it was done under the President’s unilateral authorities, I can recall no objections being raised.” (Windrem 9/13/2007)

The FBI decides not to charge Nabil al-Marabh on any terrorism related charge. Instead, on September 3, 2002, al-Marabh pleads guilty to illegally entering the US in June 2001 (see June 27, 2001-July 11, 2001), and is sentenced to only eight months in prison. (Main 9/5/2002) Federal prosecutors claim that “at this time” there is no evidence “of any involvement by [al-Marabh] in any terrorist organization,” even though he has admitted to getting weapons training in Afghan training camps. (Fainaru 9/4/2002) Numerous reported ties between al-Marabh and the 9/11 hijackers are apparently not mentioned in the trial (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). The judge states he cannot say “in good conscience” that he approves of the plea bargain worked out between the prosecution and defense, but he seems unable to stop it. He says, “Something about this case makes me feel uncomfortable. I just don’t have a lot of information.” He has a number of unanswered questions, such as how al-Marabh had $22,000 in cash and $25,000 worth of amber jewels on his possession when he was arrested, despite holding only a sporadic series of low-paying jobs. “These are the things that kind of bother me. It’s kind of unusual, isn’t it?” says the judge. (Owens 9/4/2002) In 2003, the judge at al-Marabh’s deportation hearing will rule that al-Marabh presents “a danger to national security” and is “credibly linked to elements of terrorism” but this will not stop him from being deported.(see January 2004).

Jonathan Landay, a reporter for Knight Ridder Newspapers, watches Vice President Cheney’s speech on August 26, 2002, in which Cheney argues that Iraq has weapons of mass destruction and must be confronted soon (see August 26, 2002). Landay is particularly interested in Cheney’s comment, “Many of us are convinced that Saddam Hussein will acquire nuclear weapons fairly soon.” Landay will later recall, “I looked at that and I said, ‘What is he talking about?’ Because, to develop a nuclear weapon you need specific infrastructure and in particular the way the Iraqi’s were trying to produce a nuclear weapon was through enrichment of uranium. Now, you need tens of thousands of machines called centrifuges to produce highly enriched uranium for a nuclear weapon. You’ve gotta house those in a fairly big place, and you’ve gotta provide a huge amount of power to this facility. Could [Saddam Hussein] really have done it with all of these eyes on his country?… So, when Cheney said that, I got on the phone to people, and one person said to me - somebody who watched proliferation as their job - said, ‘The Vice President is lying.’” (Moyers 4/25/2007) Around the same time, John Walcott, chief of Knight Ridder’s Washington bureau, begins hearing from other sources in the military, intelligence community, and foreign service who question the Bush administration’s claims. Most of them are career officials, not political appointees. Walcott will later comment, “These people were better informed about the details of the intelligence than the people higher up in the food chain, and they were deeply troubled by what they regarded as the administration’s deliberate misrepresentation of intelligence, ranging from overstating the case to outright fabrication.” Walcott assigns Landay and Landay’s frequent reporting partner Warren Strobel to talk with these sources. (Massing 2/26/2004) On September 6, a story by Landay is published, entitled, “Lack of Hard Evidence of Iraqi Weapons Worries Top US Officials.” It quotes anonymous senior US officials who say that “they have detected no alarming increase in the threat that Iraqi dictator Saddam Hussein poses to American security and Middle East stability.” While it is well known that Iraq is “aggressively trying to rebuild” its weapons programs, “there is no new intelligence that indicates the Iraqis have made significant advances” in doing so. (Landay 9/6/2002) But while Knight Ridder publishes 32 newspapers in the US, it has no outlets in New York or Washington, and so it has little impact on the power elite. Additionally, its story is drowned out by a false claim in the New York Times two days later that Iraq is trying to use aluminum tubes to build a nuclear weapon (see September 8, 2002). (Moyers 4/25/2007)

Vice President Dick Cheney is interviewed on NBC’s Meet the Press to discuss the Bush administration’s position on Iraq and the alleged threat Iraq poses to the world. “[B]ased on intelligence that’s becoming available—some of it has been made public [referring to the recent New York Times story—see September 8, 2002 ]—… he has indeed stepped up his capacity to produce and deliver biological weapons,… he has reconstituted his nuclear program to develop a nuclear weapon,… there are efforts under way inside Iraq to significantly expand his capability.… [H]e now is trying, through his illicit procurement network, to acquire the equipment he needs to be able to enrich uranium to make the bombs.… There’s a story in The New York Times this morning… [I]t’s now public that, in fact, he has been seeking to acquire, and we have been able to intercept and prevent him from acquiring through this particular channel, the kinds of tubes that are necessary to build a centrifuge. And the centrifuge is required to take low-grade uranium and enhance it into highly enriched uranium, which is what you have to have in order to build a bomb. This is a technology he was working on back, say, before the Gulf War. And one of the reasons it’s of concern,… is… [that] we know about a particular shipment. We’ve intercepted that. We don’t know what else—what other avenues he may be taking out there, what he may have already acquired. We do know he’s had four years without any inspections at all in Iraq to develop that capability.… [W]e do know, with absolute certainty, that he [Saddam Hussein] is using his procurement system to acquire the equipment [aluminum tubes] he needs in order to enrich uranium to build a nuclear weapon.” Cheney says the US intends to work with the international community, but hints that the US is willing to confront Saddam without international support. “We are trying very hard not be unilateralist,” he says. “We are working to build support with the American people, with the Congress, as many have suggested we should. And we are also as many of us suggested we should, going to the United Nations, and the president will address this issue.… We would like to do it with the sanction of the international community. But the point in Iraq is this problem has to be dealt with one way or the other.” (Cheney 9/8/2002; Eichler and Cincotta 9/9/2002; Pincus and Priest 2/7/2003; Jackson 10/27/2003; Barstow, Broad, and Gerth 10/3/2004) Authors Lou Dubose and Jake Bernstein will later write of Cheney’s remarks: “Taken together [with Cheney’s recent speech to the VFW—see August 26, 2002], the vice president’s warnings made a compelling case for war. They were, however, entirely untrue. Yet they reframed the terms of the Iraq debate, leading the public to the conclusion that the question should not be ‘if’ but rather ‘when’ the nation goes to war in Iraq.” (Dubose and Bernstein 2006, pp. 176)

Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam).Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam). [Source: FBI]The New York Times reports that 10 out of the 24 al-Qaeda leaders considered most important by the CIA before 9/11 have been killed or captured. (Risen and Filkins 9/10/2002) The four most important figures considered still at large are:
bullet Osama bin Laden (Saudi). He will be killed in 2011 (see May 2, 2011).
bullet Ayman al-Zawahiri (Egyptian).
bullet Khalid Shaikh Mohammed (Kuwaiti/Pakistani). He will be captured in 2003 (see February 29 or March 1, 2003).
bullet Saif al-Adel (Egyptian).
Other figures considered still at large are:
bullet Abdullah Ahmed Abdullah (Egyptian).
bullet Mustafa Muhammad Fadhil (Egyptian).
bullet Mushin Musa Matwalli Atwah (Egyptian). He will be killed in 2006 (see April 12, 2006).
bullet Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam) (Kenyan). He will be killed in 2009 (see January 1, 2009).
bullet Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) (Comoros Islander). He will be killed in 2011 (see June 10, 2011).
bullet Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian) (Mauritanian).
bullet Amin ul-Haq (Afghan).
bullet Midhat Mursi (Egyptian). He will be killed in 2008 (see July 28, 2008).
bullet Anas al-Liby (Libyan). He may have been secretly captured already (see January 20, 2002- March 20, 2002).
bullet Suliman abu Ghaith (Kuwaiti).
bullet Saad bin Laden (Saudi). He apparently will be killed in 2009 (see July 22, 2009).
bullet Mustafa Ahmed al-Hawsawi (Saudi). He will be captured in 2003 (see February 29 or March 1, 2003). (New York Times 9/10/2002)
The four leaders captured are:
bullet Abu Zubaida (Palestinian) (see March 28, 2002).
bullet Abdul Rahim al-Sharqawi (Yemeni) (see Late 2001 and February 7, 2002).
bullet Ibn al-Shaykh al-Libi (Libyan) (see December 19, 2001).
bullet Abu Zubair al-Haili (Saudi) (see June 8, 2002 and After). (New York Times 9/10/2002)
Five of the six leaders believed killed are:
bullet Mohammed Atef (Egyptian) (see November 15, 2001).
bullet Abu Jaffa (a.k.a. Abu Jafar al-Jaziri) (Algerian).
bullet Abu Salah al-Yemeni (Yemeni).
bullet Tariq Anwar al-Sayyid Ahmad (Egyptian).
bullet Muhammad Salah (a.k.a. Nasr Fahmi Nasr Hasanayn) (Egyptian). (New York Times 9/10/2002)
The sixth leader believed killed is not named. One year after 9/11, US intelligence identifies 20 current high-ranking al-Qaeda leaders, though it is not mentioned who the six new leaders are who replaced some of the killed or captured leaders. (Risen and Filkins 9/10/2002) This list of leaders, while instructive, is curiously incomplete because it fails to mention al-Qaeda leaders known as important to US intelligence before 9/11, such as Hambali, Khallad bin Attash, Abd al-Rahim al-Nashiri, Thirwat Salah Shehata, Mustafa Abu al-Yazid, Ahmed Khalfan Ghailani, and Mohammed Jamal Khalifa.

Ramzi bin al-Shibh arrested in Pakistan.Ramzi bin al-Shibh arrested in Pakistan. [Source: Associated Press]Would-be hijacker Ramzi bin al-Shibh is arrested after a huge gunfight in Karachi, Pakistan, involving thousands of police. (Burke 9/15/2002) He is considered “a high-ranking operative for al-Qaeda and one of the few people still alive who know the inside details of the 9/11 plot.” (Risen 9/13/2002) Khalid Shaikh Mohammed (KSM) called bin al-Shibh “the coordinator of the Holy Tuesday [9/11] operation” in an interview aired days before. Captured with him in safe house raids on the same day or the day before are approximately nine associates (see September 10-11, 2002), as well as numerous computers, phones, and other evidence. (Risen 9/13/2002; Elliott 9/15/2002) There are conflicting claims that either Mohammed is killed in the raid (Shahzad 10/30/2002; Daily Telegraph 3/4/2003; Shahzad 3/6/2003) ; shot while escaping (Australian Broadcasting Corporation 3/2/2003) ; someone who looks like him is killed, leading to initial misidentification (McGirk 1/20/2003) ; someone matching his general appearance is captured (Associated Press 9/16/2002) ; or that he narrowly escapes capture but his young children are captured. (McDermott, Meyer, and McDonnell 12/22/2002)

Ramzi Bin al-Shibh shortly after arrest. The name shown under his face is one of his aliases. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Ramzi Bin al-Shibh shortly after arrest. The name shown under his face is one of his aliases. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]In 2002 and 2003, many of the highest-ranking al-Qaeda detainees are subjected to waterboarding and other forms of interrogation generally considered to be torture (see May 2002-2003). However, Ramzi bin al-Shibh, captured in Pakistan in September 2002 and sent to a secret CIA prison (see September 11, 2002), is not waterboarded. NBC News will later claim that he agreed to talk with just the threat of waterboarding. “Bin al-Shibh was viewed as a weakling and a narcissist and the agency played heavily on that. He quickly became the most cooperative of those detained…” However, by the time bin al-Shbih is charged before a military tribunal in 2007, he once again is refusing to talk (see March 9-April 28, 2007). (Windrem 9/13/2007)
Tortured in Jordan Instead? - It is unknown what other interrogation techniques may have been used on him. In contradiction to the allegation that bin al-Shibh broke easily by the mere threat of torture, it will later be reported that in late 2002, he was secretly transferred to Jordanian custody for a time so he could be tortured by the Jordanian government (see Late 2002).

US officials hold a secret meeting with Indonesian President Megawati Sukarnoputri and strongly urge her to allow the US to rendition Abu Bakar Bashir out of the country. Bashir is a radical Islamist imam alleged to be the spiritual leader of Jemaah Islamiyah (JI), al-Qaeda’s main Southeast Asian affiliate. US ambassador to Indonesia Ralph Boyce, National Security Council official Karen Brooks, and a CIA official meet with Megawati at her home in Jakarta. The interpreter is an American named Fred Burks, who will later reveal details of the meeting during an Indonesian trial. Burks claims the CIA official tells Megawati that Bashir was responsible for a series of Christmas Eve bombings in Indonesia in 2000 and asks to rendition him. Megawati had allowed the US to rendition two suspects earlier in the year, Omar al-Faruq and Muhammad Saad Iqbal Madni (see June 5, 2002 and Early January-January 9, 2002). But neither of them are Indonesian citizens, whereas Bashir is. Megawati rejects the request, saying Bashir is too popular to simply disappear without repercussions. (Megawati’s Vice President Hamzah Haz describes himself as “very close” to Bashir, and shortly after this meeting he says publicly, “If you want to arrest Abu Bakar Bashir, you will have to deal with me first” (see July 23, 2001-October 20, 2004).) Burks claims that Megawati says: “I can’t render somebody like him. People will find out.” Boyce will later claim that the US did press forcefully for Indonesia to arrest Bashir because the CIA had just learned from interrogating al-Faruq that Bashir was the head of a terrorist network that was about to attack Indonesia. However, he will deny the US wanted to rendition him. Boyce will later call the meeting the centerpiece of a month-long series of meetings with Indonesian officials in an attempt to prevent a terrorist attack in Indonesia. (BBC 1/3/2005; Stockman 3/2/2005) However, the Bali bombings take place one month later, killing over 200 (see October 12, 2002). In 2005, Bashir will be acquitted of charges that he was involved in any terrorist acts and set free after serving a year in prison on minor charges (see March 3, 2005).

CBS reports that in the days after the arrest of Ramzi bin al-Shibh (see September 11, 2002) and four other al-Qaeda operatives in Pakistan on September 11, 2002 (see September 10-11, 2002), “a search of the home of the five al-Qaeda suspects turned up passports belonging to members of the family of Osama bin Laden.” No more details, such as which family members, or why bin al-Shibh’s group had these passports, is given. (CBS News 9/17/2002)

President Bush hosts a dinner meeting with a group of Republican governors at the White House. As deputy press secretary Scott McClellan will later recall, because the meeting is private—no press is allowed—Bush is “conspicuously candid with his former colleagues, now trusted friends and political allies.… Bush’s forthrightness about his thinking and approach on Iraq [is] revealing.” Bush boasts of the recent capture of Ramzi bin al-Shibh (see September 11, 2002) and says of Osama bin Laden, “[W]e don’t know where he is, but he has been diminished.” He then turns to Iraq: “It is important to know that Iraq is an extension of the war on terror,” he says. “In the international debate, we are starting to shift the burden of guilt to the guilty. The international community is risk averse. But I assure you I am going to stay plenty tough.” He repeats his belief that if the international community brings enough pressure to bear, the Iraqi people will take matters into their own hands: “I believe regime change can occur if we have strong, robust inspections. Saddam Hussein is a guy who is likely to have his head show up on a platter” if enough outside pressure is brought to bear. Of Hussein, Bush says: “He is a hateful, ugly, repugnant man who needs to go. He is also paranoid. This is a guy who killed his own security guards recently. I would like to see him gone peacefully. But if I unleash the military, I promise you it will be swift and decisive.” He then tells the governors how to handle questions from possible critics: “Don’t fall into the argument that there is no one to replace Saddam Hussein.… And our planning will make sure there is no oil disruption; we are looking at options to enhance oil flow.” To sum up, Bush says: “Military force is my last option, but it may be the only choice.… I’m gonna make a prediction. Write this down. Afghanistan and Iraq will lead that part of the world to democracy. They are going to be the catalyst to change the Middle East and the world.” In the questioning period, Bush tells the governors that while he intends to invade Iraq sooner rather than later, he is aware that the political timing of the decision is important, with the midterm elections approaching. He reiterates: “[I]f we have to go [into Iraq], we will be tough and swift and it will be violent so troops can move very quickly.… If we go, we will use the full force and the might of the US military (see February 25, 2003).… I believe in the power of freedom.” After the meeting, Governor John Rowland (R-CT), the chairman of the Republican Governors Association, calls the meeting a “heart to heart” on Iraq. But, McClellan will later reflect, “it was also a frank strategy powwow between the leader of a campaign and some important members of his team—a collection of local politicians who could play a crucial role in helping to generate popular support for the decision to invade.” (McClellan 2008, pp. 139-141)

David Albright, a physicist who helped investigate Iraq’s nuclear weapons program following the 1991 Persian Gulf War as a member of the International Atomic Energy Agency’s inspection team, concludes in a study that Iraq’s attempt to import aluminum tubes is not “evidence that Iraq is in possession of, or close to possessing, nuclear weapons” or that Iraq has an operating centrifuge plant. His assessment is based on several factors, including the fact that the tubes are made of an aluminum alloy that is ill-suited for welding. He notes that Iraq had used maraging steel and carbon fiber in its earlier attempts to make centrifuges (see (Late 1980s)). Albright also challenges the CIA’s contention the tubes’ anodized coating is an indication that they are meant to be used as rotors in a gas centrifuge. The nuclear physicist notes that the fact the tubes are anodized actually supports the theory that they were meant to be used in rockets, not a centrifuge. He cites another expert who said that an “anodized layer on the inside of the tube… can result in hampering the operation of the centrifuge.” (Albright 10/9/2003 Sources: David Albright) Though Albright is critical of the charges being made by the Bush administration against Iraq, concerning nuclear weapons, he is no sympathizer of Saddam Hussein. He believes that Iraq has weapons of mass destruction and advocates a tough stance towards his regime. (Massing 2/26/2004) His report is widely dispersed and is covered in detail by the Washington Post on September 19, 2002 (see September 19, 2002). Several other newspapers also cover Albright’s report. (Warrick 9/19/2002; Borger 10/9/2002; Collier 10/12/2002) It is later revealed that scientists at the Energy Department secretly worked with Albright on the report. (Barstow, Broad, and Gerth 10/3/2004)

Photo of aluminum tubes intercepted by Western intelligence.Photo of aluminum tubes intercepted by Western intelligence. [Source: CIA]The final, published report from British intelligence about Iraq’s WMD programs is released. Prepared by Joint Intelligence Committee (JIC) chairman John Scarlett and known as the “Scarlett dossier,” it contains much the same vagaries of language that the previous draft versions contained (see September 10-11, 2002 and September 16, 2002).
Contradictory Claims about African Uranium - Chapter 3 tells the reader “what we know” about Iraqi WMD, including the statement that “Uranium has been sought from Africa.” Unfortunately, the first and second drafts’ language clearly indicated that British intelligence does not “know” anything about the uranium deal, but merely believes the claim to be true. Author Dennis Hans writes in 2003, “Properly interpreted, the list is evidence not of Iraq’s capabilities, actions, and intentions, but of a JIC policy of saying ‘we know’ when the JIC doesn’t know, so as to lend undeserved credibility to the claims.” The language of the final draft contradicts the claim of established fact; later in Chapter 3, the “compelling evidence” of earlier drafts has been downgraded to merely stating, “But there is intelligence that Iraq has sought the supply of significant quantities of uranium from Africa.” And in the executive summary, Scarlett writes, “As a result of the intelligence we judge” that, among other things, Iraq has “sought significant quantities of uranium from Africa, despite having no active civil nuclear power programme that could require it.” The language is similar to that of the first draft, but a statement saying “we judge” is not the same as a statement saying “we know.” Hans concludes, “In any event, the published dossier, carefully reviewed by the best and brightest of the British intelligence and the Blair administration’s communications staff, presents three different interpretations: a ‘judgment’ in the executive summary, a statement of fact in Chapter 3, and a vague ‘there is intelligence’ claim in Chapter 3. Take your pick.” Prime Minister Tony Blair uses the dossier to flatly assert that “we now know the following”: that Iraq indeed tried to purchase uranium from Africa, “though we do not know whether he has been successful” (see September 24, 2002). (Hans 8/26/2003; Hutton Inquiry 1/28/2004) Later reporting will reveal that the main source for the dossier’s Africa-uranium allegation was in fact an Italian intelligence report (see Mid-October 2001) that was based on the same set of forged documents that formed the basis of the US allegations. (Bonini and d'Avanzo 10/24/2005; Bonini and d'Avanzo 10/25/2005)
'No Definitive Intelligence' on Aluminum Tube Allegations - In the section discussing Iraq’s alleged nuclear weapons program, the dossier says there “is no definitive intelligence evidence” that the shipment of aluminum tubes intercepted by the CIA was intended for use in an Iraqi nuclear program. This assessment of the tubes contradicts the majority view at the CIA. (United Kingdom 9/24/2002)
'Echo Chamber,' 'Disinformation Campaign' - Former CIA official Milt Bearden will later say, “When you are playing a disinformation campaign, you’re like a conductor who can single out one note in the symphony and say, ‘Let the Brits have that.’” Author Craig Unger will note that by the time the “Scarlett dossier” is released, between the various US and British claims and the array of reports in the media, it seems as if the claims of Iraq trying to buy Nigerien uranium are coming from multiple sources, “when in fact there [is] merely an echo chamger of corroboration.” (Unger 2007, pp. 259)
Claim that Iraq Can Launch WMD within 45 Minutes - Perhaps the most infamous portion of the dossier is the claim that Iraq can launch weapons of mass destruction against chosen targets within 45 minutes of the order being given. That particular claim was not in the drafts of the dossier, and was apparently inserted by Blair administration officials seeking to bolster the case for war with Iraq. The Blair government will later deny that assertion. (Associated Press 2/18/2008) After it is revealed early the following year that the US had relied on intelligence based on forged documents, the British will insist that they have additional evidence to support their claims (see March 7, 2003-July 7, 2003). (Smith 11/6/2005)

In an interview with CBS, FBI Director Robert Mueller states, “I can tell you there are things I wish we had done differently. That there are things we should have followed up on. But the bottom line is I do not believe that we would have been able to prevent 9/11.” Speaking about the Zacarias Moussaoui case, he says, “That took us several months, to follow that lead, and it also required the full support of the German authorities, and it would have been very, I think impossible to have followed that particular lead in the days between the time in which Moussaoui was detained and September 11th.” (CBS News 9/25/2002) This negativism is in sharp contrast to a previous statement he made on May 21, 2002 (see May 21, 2002), as well as the opinion of many rank and file FBI officers, some of whom have made a chart showing how all the hijackers could have been caught if certain leads had been followed. (Isikoff and Klaidman 6/2/2002) Mueller’s opinion on the Moussaoui case is contradicted by many, including FBI agents working on that case. (Time 5/21/2002) The media also does not agree. For instance the Independent suggested information on Moussaoui’s computer “might have been enough to expose the Hamburg cell, which investigators believe was the key planning unit for 11 September.” (Burrell, Gumbel, and Sengupta 12/11/2001)

Maher Arar.Maher Arar. [Source: Chris Wattie / Reuters]On his way home to Montreal, Maher Arar, a 34-year old IT specialist, makes a stopover at JFK International Airport in New York. He is returning alone from a family holiday with his wife and daughter in Tunisia. At the airport, Arar, who was born in Syria and has dual Syrian and Canadian citizenship, is arrested by officers wearing badges from the FBI and the New York Police Department. Arar happens to be on a terrorist watch list. A US official later says Arar has the names of “a large number of known al-Qaeda operatives, affiliates or associates” on him. (Priest 11/19/2003) Canadian Solicitor General Wayne Easter later admits that Canada contributed information that led to Arar’s arrest. (Priest 11/20/2003) In an interrogation room Arar asks for an attorney, but, as he later publishes on his website, is told he has no right to a lawyer because he is not an American citizen. Subsequent requests for a lawyer are ignored and the interrogation continues until midnight. His interrogators are particularly interested in another Canadian by the name of Abdullah Almalki. Arar says he has worked together with his brother, Nazih Almalki, but knows Abdullah only casually. Then, with his hands and feet in shackles, he is taken to a nearby building and put in a cell around 1 a.m. “I could not sleep,” Arar later writes. “I was very, very scared and disoriented.” (Amnesty International 8/19/2003; Arar 11/6/2003; CBS News 1/22/2004; Priest and Stephens 5/11/2004; CBC News 11/26/2004; Maher Arar 1/15/2005)

Shortly after the Bali bombings (see October 12, 2002), the Washington Post will report: “US intelligence officials said they intercepted communications in late September [2002] signaling a strike on a Western tourist site. Bali was mentioned in the US intelligence report…” (Finn and Priest 10/15/2002) In response to the Post story, the State Department will issue a statement saying they did share this information with the Australian government. The statement admits their warning discussed tourists as potential targets, but says the warning did no specify an attack on Bali on the weekend that it took place. No government urgently warns tourists to stay away from likely targets in Bali before the bombings. Australian Prime Minister John Howard will later admit that Australia received this warning, but he will claim his intelligence agency analyzed it and decided no upgrade in alert status or any special warning was warranted. (Forbes and Wilkinson 10/17/2002)

High-ranking al-Qaeda leader Abd al-Rahim al-Nashiri is captured in the United Arab Emirates (UAE). Al-Nashiri is believed to have played a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), attended a 9/11 planning summit in Malaysia in 2000 (see January 5-8, 2000), was one of the masterminds of the 2000 USS Cole bombing (see October 12, 2000), and planned the 2002 bombing of the French oil tanker Limburg (see October 6, 2002). Said to be chief of al-Qaeda’s operations in the Persian Gulf region, he is taking flight lessons in the remote UAE region of Umm Al-Qaiwain when he is arrested by local authorities and then turned over to the CIA. An unknown number of other al-Qaeda suspects are arrested with him, but apparently they are considered less important and are not handed to the CIA as well. Most reports indicate he is arrested on November 8, 2002, about two weeks before the first media leaks about his arrest. (Tyler 12/23/2002) However, US News and World Report will later claim that he was arrested even earlier, early in October 2002. “Al-Nashiri soon broke; he even let officials listen in as he called his associates.” This leads to intelligence on Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, and the US assassinates him with a missile strike on November 3, 2002, after trailing him for about two weeks (see November 3, 2002). (Kaplan et al. 6/2/2003) Al-Nashiri will remain in secret CIA prisons until 2006 and then will be transfered to the Guantanamo Bay prison (see September 2-3, 2006).

The Associated Press reports that Islamist militant leader Abu Musab al-Zarqawi “was in Baghdad about two months ago, and US officials suspect his presence was known to the government of Iraqi President Saddam Hussein, a defense official said…” This anonymous US official also calls al-Zarqawi among al-Qaeda’s top two dozen leaders. The article notes that “some US officials… contend the United States has no solid evidence of Iraq and al-Qaeda working together to conduct terrorist operations.” (Lumpkin 10/2/2002) But despite this caveat, just five days later, in a public speech President Bush mentions “one very senior al-Qaeda leader who received medical treatment in Baghdad this year, and who has been associated with planning for chemical and biological attacks” (see October 7, 2002). This is a reference to al-Zarqawi, and is said to be based on communications intercepts. But the same day as the speech, Knight Ridder Newspapers reports that according to US intelligence officials, “The intercepts provide no evidence that [al-Zarqawi] was working with the Iraqi regime or that he was working on a terrorist operation while he was in Iraq.” (Strobel, Landay, and Walcott 10/7/2002; US President 10/14/2002) After the US invades Iraq in March 2003, evidence of this Baghdad connection will start to be questioned. Reports that al-Zarqawi was there to have a leg amputated will later be debunked (see January 26, 2003). In June 2003, Newsweek will report, “Bush Administration officials also have acknowledged that their information about al-Zarqawi’s stay in Baghdad is sketchy at best.” (Isikoff 6/25/2003) Whether al-Zarqawi stayed in Baghdad and if the Hussein government was aware of his movements remains unclear.

The New York Times reports that the FBI is refusing to allow Abdussattar Shaikh, the FBI informant who lived with 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar in the second half of 2000 (see May 10-Mid-December 2000), to testify before the 9/11 Congressional Inquiry. The FBI claims Shaikh would have nothing interesting to say. The Justice Department also wants to learn more about him. (Risen 10/5/2002) The FBI also tries to prevent Shaikh’s handler Steven Butler from testifying, but Butler will end up testifying before a secret session on October 9, 2002 (see October 9, 2002). Shaikh will not testify at all. (Schmidt 10/11/2002) Butler’s testimony will uncover many curious facts about Shaikh. (Johnston and Risen 11/23/2002; Borger, Pound, and Robinson 12/1/2002; US Congress 7/24/2003; Thornton 7/25/2003)

The Limburg after the attack.The Limburg after the attack. [Source: NAVSEA]Al-Qaeda conducts a suicide bombing against a French oil tanker, the Limburg. The attack takes places in the Gulf of Aden off the coast of Yemen. One crew member is killed and over 90,000 barrels of oil leak into the sea. The attack is similar to the one on the USS Cole almost two years before (see October 12, 2000) and is planned by one of the same people, Abd al-Rahim al-Nashiri. (BBC 10/16/2002; 9/11 Commission 7/24/2004, pp. 153)

FBI agent Robert Fuller interrogates Canadian citizen Omar Khadr at Bagram Air Base in Afghanistan. Fuller is an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001), while Khadr is a minor accused of throwing a hand grenade that killed a US soldier in Afghanistan. The interrogation lasts from October 7 to October 22. On the first day, Fuller shows Khadr a black-and-white photograph provided by the FBI in Massachusetts of Maher Arar, a Canadian terror suspect the US has been holding in New York (see September 26, 2002). Fuller will later say that Khadr identifies Arar as someone he has seen in a safe house run by al-Qaeda in Afghanistan and that he also “may have” seen Arar at a terror training camp near Kabul. However, at the time Khadr says he saw Arar in Afghanistan—September and October 2001—Arar was first in the US and then in Canada under surveillance by the local authorities, according to Walter Ruiz, a lawyer who will later represent Khadr. Ruiz will also point out that it takes Khadr several minutes to identify Arar. Another of Khadr’s lawyers, Lieutenant Commander Bill Kuebler, will say that Khadr repeatedly lies to his interrogators to avoid being abused. Deputy Attorney General Larry Thompson decides that Arar will be deported to Syria on this day (see October 7, 2002), and the deportation is soon carried out (see October 8, 2002). However, it is unclear whether Thompson’s decision is motivated by Fuller’s interrogation of Khadr or other factors. (CBC News 1/20/2009; Edwards 1/20/2009) Fuller will testify about the identification at a Guantanamo hearing (see January 19, 2009), but facts calling it into question will emerge under cross-examination (see January 20, 2009).

A suspect in the 1995 Bojinka plot is arrested in the Philippines but is soon deported. Mohammed Amin al-Ghafari is believed to have played a key role in financing the Bojinka plot (see June 1994). After the Bojinka plot was foiled, he stayed in the Philppines and effectively took over a charity that is believed to have helped fund the plot (see 1995 and After). He is widely believed to be the successor to the local operations of Mohammed Jamal Khalifa, bin Laden’s brother-in-law. The Philippine military arrested al-Ghafari after concluding he was a mastermind in an October 2, 2002 bombing that killed one US soldier and three civilians in the southern city of Zamboanga. (Manila Times 10/9/2002; Manila Standard Today 10/19/2002) Another mastermind of the bombing, Abu Sayyaf leader Abdulmukim Edris, will later be alleged to be a government mole (see October 2-November 12, 2002). One intelligence official says al-Ghafari had been “placed under surveillance after we established that he was in constant contact with members of Jemaah Islamiyah, mostly Indonesians, in the country, Abu Sayyaf bandits, and the Moro Islamic Liberation Front (MILF).” (Vanzi 10/9/2002) He is also accused of heading another group that funded two new al-Qaeda training camps in the Philippines. (Gulf News 10/11/2002) Further, al-Ghafari’s brother belongs to the banned Palestinian militant group Hamas, and a foundation he controls was used as a gathering place for suspected Hamas sympathizers. The Manila Times will report that while some Philippine investigators had been interested in apprehending him for years, others in the government had protected him. For instance, Rex Piad, the Deputy Director-General of the national police, confirmed he helped al-Ghafari get two clearances that allowed him to stay in the country. Furthermore, Piad and retired generals Eduardo Cuadra and Percival Adiong “are directors of the Islamic Wisdom Worldwide Mission (IWWM), a foundation headed by al-Ghafari and a suspected conduit of funds for terrorist operations.” (Manila Times 10/9/2002) In 1999, it was reported that bin Laden was funding Muslim militants through the IWWM and other charities, but these charities stayed open (see February 15, 1999). It is reported that al-Ghafari had long been in contact with Philippine intelligence agents, who tried to recruit him as a spy, supposedly unsuccessfully. He was going to meet with agents the night he was arrested. (Dacanay 10/11/2002) On November 8, al-Ghafari is deported to Jordan. (Manila Standard Today 11/9/2002) The Zamboanga bombing will be blamed on Abu Sayyaf, a group that has often been accused of colluding with the Philippine government. (Solmerin 4/26/2006)

San Diego FBI agent Steven Butler reportedly gives “explosive” testimony to the 9/11 Congressional Inquiry. Butler, recently retired, has been unable to speak to the media, but he was the handler for Abdussattar Shaikh, an FBI informant who rented a room to 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar. Butler claims he might have uncovered the 9/11 plot if the CIA had provided the FBI with more information earlier about Alhazmi and Almihdhar. (Borger, Pound, and Robinson 12/1/2002) He says, “It would have made a huge difference.” He suggests they would have quickly found the two hijackers because they were “very, very close.… We would have immediately opened… investigations. We would have given them the full court press. We would… have done everything—physical surveillance, technical surveillance, and other assets.” (US Congress 7/24/2003 pdf file; Thornton 7/25/2003) Butler discloses that he had been monitoring a flow of Saudi Arabian money that wound up in the hands of two of the 9/11 hijackers, but his supervisors failed to take any action on the warnings. It is not known when Butler started investigating the money flow, or when he warned his supervisors. (Borger, Pound, and Robinson 12/1/2002) The FBI had tried to prevent Butler from testifying, but was unsuccessful. (Dewar 10/11/2002) Following Butler’s testimony, Staff Director Eleanor Hill “detail[s] his statements in a memo to the Justice Department.” The Justice Department will decline comment on the matter, saying Butler’s testimony is classified. (Borger, Pound, and Robinson 12/1/2002) This testimony doesn’t stop the US government from deporting Basnan to Saudi Arabia several weeks later. (Schmidt and Allen 11/24/2002)

The House votes to give President Bush sweeping authorization to use military force against Iraq, on an overwhelming 296-133 vote. One hundred and twenty-six Democrats vote against the bill even though House Minority Leader Richard Gephardt (D-MO) co-authored it. House Majority Leader Dick Armey (R-TX) issues a veiled warning to the president to use his newly granted powers judiciously: “Mr. President, we are about to give you a great trust.” After the bill passes the House, Bush says, “The days of Iraq acting as an outlaw state are coming to an end… [t]he gathering threat of Iraq must be confronted fully and finally.” One of the opponents of the House bill, John Spratt (D-SC), says that without an international diplomatic approach, “this will be the United States versus Iraq and in some quarters the US versus the Arab and the Muslim world.” Commenting on the passing of the resolution, the Washington Post reports: “Yesterday’s debate often lacked the passion and unpredictability of the 1991 affair, when members sat late into the night listening attentively to a war of words. By contrast, the House chamber was largely empty most of yesterday: the arguments familiar, the outcome certain, the conclusion anticlimactic.” (White House 10/2/2002; PBS 10/10/2002; VandeHei and Eilperin 10/11/2002) Bush calls on the Senate to pass the bill (see October 11, 2002) so it can be signed into law as soon as possible (see October 16, 2002). The Senate overwhelmingly approves the resolution the next day. (PBS 10/10/2002; US Senate 10/11/2002) The AUMF contains a caveat in the authorization that conditions Congress’s authorization of military force on a formal determination by Bush that Iraq poses a threat to the US that cannot be contained diplomatically, and that any military action against Iraq must be consistent with the war against those who attacked the US on 9/11 (see March 18, 2003). The US media virtually ignores this condition, and therefore the Bush administration does not feel particularly bound by it. Congress asks for the formal declaration either before launching an attack or within 48 hours of the attack, and insists that the declaration contain solid evidence of the impossibility of further diplomacy, and of Iraq’s connection to the 9/11 terrorists. (Dean 2004, pp. 143-148)

Lieutenant Colonel Diane Beaver, the top legal adviser to the Army’s interrogation unit at Guantanamo, JTF-170, writes a legal analysis of the extreme interrogation techniques being used on detainees. Beaver notes that some of the more savage “counter-resistance” techniques being considered for use, such as waterboarding (the use of which has resulted in courts-martials for users in the past) might present legal problems. She acknowledges that US military personnel at Guantanamo are bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assaults” as felonies. However, she reasons, if interrogators can obtain “permission,” or perhaps “immunity,” from higher authorities “in advance,” they might not be legally culpable. In 2006, a senior Defense Department official calls Beaver’s legal arguments “inventive,” saying: “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify. I don’t know whether we’ve ever faced the question of immunity in advance before.” The official praises Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” Beaver will later be promoted to the staff of the Pentagon’s Office of General Counsel, where she will specialize in detainee issues. But Naval General Counsel Alberto Mora is less impressed. When he reads Beaver’s legal analysis two months later (see December 17-18, 2002), he calls it “a wholly inadequate analysis of the law.” According to Mora, the Beaver memo held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantanamo detainees with near impunity.” Such acts are blatantly illegal, Mora believes. Mora will note that Defense Secretary Donald Rumsfeld bases his decision to approve such harsh “counter-resistance” techniques (see December 2, 2002) in part on Beaver’s memo. He will write that Rumsfeld’s decision “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld will draw any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. As such, this vagueness of language “could produce effects reaching the level of torture,” which is prohibited without exception both in the US and under international law. (Mayer 2/27/2006)
Written under Difficult Circumstances - Beaver later tells a more complete story of her creation of the memo. She insists on a paper trail showing that the authorization of extreme interrogation techniques came from above, not from “the dirt on the ground,” as she describes herself. The Guantanamo commander, Major General Michael Dunlavey, only gives her four days to whip up a legal analysis, which she sees as a starting point for a legal review of the interrogation policies. She has few books and materials, and more experienced lawyers at the US Southern Command, the Judge Advocate General School, the Joint Chiefs of Staff, and the DIA refuse to help her write the analysis. She is forced to write her analysis based on her own knowledge of the law and what she could find on the Internet. She bases her analysis on the previous presidential decision to ignore the Geneva Conventions, later recalling, “It was not my job to second-guess the president.” Knowing little of international law, she ignores that body of law altogether. She fully expects her analysis to be dissected and portions of it overridden, but she is later astonished that her analysis will be used as a legal underpinning for the administration’s policies. She has no idea that her analysis is to be used to provide legal cover for much more senior White House officials (see June 22, 2004). She goes through each of the 18 approved interrogation techniques (see December 2, 2002), assessing them against the standards set by US law, including the Eighth Amendment, which proscribes “cruel and unusual punishment,” the federal torture statutes, and the Uniform Code of Military Justice. Beaver finds that each of the 18 techniques are acceptable “so long as the force used could plausibly have been thought necessary in a particular situation to achieve a legitimate government objective, and it was applied in a good faith effort and not maliciously or sadistically for the very purpose of causing harm.” Law professor Phillippe Sands later observes: “That is to say, the techniques are legal if the motivation is pure. National security justifies anything.” The interrogators must be properly trained, Beaver notes, and any interrogations involving the more severe techniques must “undergo a legal, medical, behavioral science, and intelligence review prior to their commencement.” However, if all of the criteria are met, she “agree[s] that the proposed strategies do not violate applicable federal law.” Sands points out that her use of the word “agree” indicates that she “seems to be confirming a policy decision that she knows has already been made.”
'Awful' but Understandable - Sands later calls her reasoning “awful,” but understands that she was forced to write the memo, and reasonably expected to have more senior legal officials review and rewrite her work. “She could not have anticipated that there would be no other piece of written legal advice bearing on the Guantanamo interrogations. She could not have anticipated that she would be made the scapegoat.” Beaver will recall passing Vice President Cheney’s chief of staff David Addington in a Pentagon hallway shortly after she submitted the memo. Addington smiled at her and said, “Great minds think alike.” (Sands 5/2008)

An explosion lights up the sky on the island of Bali, Indonesia.An explosion lights up the sky on the island of Bali, Indonesia. [Source: Agence France-Presse]A car bomb detonates in front of a discotheque at Kuta Beach, on the Indonesian resort island of Bali, starting a fire that rages through a dozen buildings. A backpack-mounted device carried by a suicide bomber explodes in another Kuta Beach discotheque. 202 people are killed and 209 are injured. Eighty-eight of those killed are Australian, while most of the rest are Indonesian. A much smaller device explodes outside the US consulate in nearby Denpasar, causing only minor damage and no casualties. No group claims responsibility, but Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia, is believed to be behind the bombings. (Bonner 10/13/2002; Mydans 10/14/2002; BBC 2/19/2003) Hambali, a key leader in both al-Qaeda and JI, is said to have been involved. He will be arrested in 2003 and taken into US custody (see August 12, 2003). (Simpson 12/7/2003) Three alleged JI operatives, Ali Gufron (a.k.a. Mukhlas), Imam Samudra, and Amrozi bin Nurhasyim, will be arrested in Indonesia and sentenced to death in 2003 for their roles in the Bali bombings. Ali Imron, brother to both Gufron and Amrozi, will be sentenced to life in prison. (Perlez 9/19/2003; Perlez 10/3/2003) JI operatives Dulmatin, Azhari Husin, and Noordin Mohammed Top also are said to have major roles in the bombings. Husin will be killed in a police shootout in 2005, while Dulmatin and Top remain at large (see October 6, 2005 and After). It will later turn out that the US was given a “stunningly explicit and specific” advanced warning that Hambali and JI were planning to attack nightclubs in Bali (see August 21, 2002).

At a Republican fundraiser, President Bush erroneously labels captured Islamic militant Abu Zubaida (see March 28, 2002) as “one of the top three leaders” of al-Qaeda. Senior government officials have long been aware that many intelligence officials believe Zubaida to be little more than a low-level “gofer” for al-Qaeda (see Shortly After March 28, 2002 and April 9, 2002 and After). Bush says, apparently boasting of the deaths of some captured suspects: “I would say we’ve hauled in—arrested, or however you want to put it—a couple of thousand of al-Qaeda. Some of them are former leaders. Abu Zubaida was one of the top three leaders in the organization. Like number weren’t as lucky, they met a different kind of fate. But they’re no longer a problem. We’re slowly but surely rounding them up. The other day we got this guy, [Ramzi b]in al-Shibh. He popped his head up. He’s not a problem (see September 11, 2002). Slowly but surely. And I’m not giving up. There’s not a calendar on my desk that says, okay, on this day, you quit. That’s just not the way I think.” (Bush 10/14/2002)

A CIA officer who served with Alec Station, the CIA’s bin Laden unit, before 9/11 is interviewed by CIA Director George Tenet about a failure to pass on information to the FBI about one of the 9/11 hijackers, Khalid Almihdhar. Although information about Almihdhar’s US visa was not passed to the FBI, the officer, Michael Anne Casey, drafted a cable falsely stating that it had been passed (see Around 7:00 p.m. January 5, 2000). According to Tenet’s testimony to the 9/11 Congressional Inquiry (see October 17, 2002), Casey “believes she never would have written this cable unless she believes this had happened.” Tenet will be impressed with Casey, calling her a “terrific officer” at an open hearing of the inquiry. (New York Times 10/17/2002) However, it was Casey herself who blocked the cable, on the orders of her boss, Tom Wilshire (see 9:30 a.m. - 4:00 p.m. January 5, 2000). In addition, the day after she sent the cable falsely stating the information had been passed, she again insisted that the information not be provided to the FBI (see January 6, 2000). Casey will later repeat the same lie to the Justice Department’s inspector general (see February 2004).

In sworn testimony to the 9/11 Congressional Inquiry, CIA Director George Tenet repeatedly claims that a March 2000 cable sent to CIA headquarters reporting that hijacker Nawaf Alhazmi had entered the US was not read by anybody. He says, “I know that nobody read that cable,” “Nobody read that cable in the March timeframe,” and “[N]obody read that information only cable.” (New York Times 10/17/2002) Former Counterterrorist Center Director Cofer Black will also claim that the cable was not read. (US Congress 7/24/2003, pp. 51 pdf file) However, a later investigation by the CIA Office of Inspector General will find that numerous CIA officers had actually read the cable shortly after it was sent (see March 6, 2000 and After). Nevertheless, the 9/11 Commission will later assert that, “No-one outside the Counterterrorist Center was told any of this” (about Alhazmi’s arrival in the US) and neglect to mention that Tenet had previously misstated the CIA’s knowledge of the hijackers. Neither will the 9/11 Commission investigate the cause of the CIA’s apparent inaction. (9/11 Commission 7/24/2004, pp. 181)

German investigators believe they know of nine people who are still living and who played roles in assisting the 9/11 plot, the Chicago Tribune reports. An unnamed senior German intelligence official says he believes these nine cover everyone linked to the al-Qaeda Hamburg cell who helped plan, finance, or carry out the plot. However, he says “there may be people still in Hamburg who had a certain knowledge” of the plot. The nine are:
bullet Ramzi Bin al-Shibh, a Yemeni. He is considered the head of the 9/11 plot in Germany while the hijackers were living in the US. He was captured in Pakistan in 2002 and put in the secret CIA prison system (see September 11, 2002).
bullet Mounir El Motassadeq, a Moroccan. He knew the others in the Hamburg cell and trained in Afghanistan (see May 22 to August 2000). He has been arrested and charged with a role in the 9/11 plot. He will later be convicted (see January 8, 2007).
bullet Abdelghani Mzoudi, a Moroccan. Mzoudi lived with Mohamed Atta and others in the Hamburg cell, and he is alleged to have attended a training camp in Afghanistan in 2000 (see Summer 2000). He has been arrested in Germany and charged with a role in the 9/11 attacks. He will later be acquitted after the US fails to cooperate with German prosecutors (see February 5, 2004-June 8, 2005).
bullet Barakat Yarkas, a Spaniard. He is alleged to be the leader of al-Qaeda in Spain. Germans believe he helped arrange a meeting between Atta and bin al-Shibh in Spain two months before 9/11 (see July 8-19, 2001). He is imprisoned in Spain on various terrorism charges. He will later be convicted to 12 years in prison, but not for any role in 9/11 (see September 26, 2005).
bullet Mohammed Haydar Zammar, a Moroccan. He was investigated for al-Qaeda ties for years prior to 9/11. He was captured in Morocco after 9/11 and renditioned to a prison in Syria (see December 2001).
bullet Said Bahaji, a German. He is said to be a computer expert who taught Atta and others how to use computers to communicate. He fled Germany just before 9/11 (see September 3-5, 2001). There is a warrant for his arrest (see September 21, 2001), but he remains free.
bullet Zakariya Essabar, a Moroccan. He lived with Atta, Bahaji, and others. He trained in Afghanistan and attempted to get a US visa (see January-October 2000). He fled Germany just before 9/11 (see Late August 2001). There is a warrant for his arrest (see October 19, 2001), but he remains free overseas.
bullet Mamoun Darkazanli, a Syrian. He had been investigated for al-Qaeda ties for years before 9/11 (see 1993), and he knew Atta, Marwan Alshehhi, and other members of the Hamburg cell (see October 9, 1999). He remains free in Germany (see November 11, 2010).
bullet Abdul-Matin Tatari, a Syrian. He runs a textile company called Tatex Trading that investigators suspect helped get money and visas for al-Qaeda operatives (see September 10, 2002-June 2003). He was questioned on September 10, 2002, but he remains free in Germany. (Crewdson 10/22/2002)
More than Just Nine - But a few months later, the Chicago Tribune will report that investigators believe there are many more members of the Hamburg cell than was previously reported (see February 25, 2003). For instance, one likely participant who will only become publicly known many years later is Naamen Meziche. He was friends with Atta and others in the Hamburg cell, and he will be killed by a US drone strike in Pakistan in 2010 (see October 5, 2010).

The US and the United Nations officially declare Jemaah Islamiyah (JI) to be a terrorist organization. JI is considered to be al-Qaeda’s main affiliate in Southeast Asia. Australia, Malaysia, New Zealand, Indonesia, and other nations support the UN declaration. The Indonesian government had previously maintained that JI did not even exist, but immediately changed its position on JI after the Bali bombings earlier in the month (see October 12, 2002). However, even though the Indonesian government supports the UN declaration, it does not actually declare JI an illegal organization within Indonesia. (Perlez 10/24/2002; Lilley 10/31/2002) It will take until 2008 for an Indonesian court to officially declare JI an illegal organization (see April 21, 2008). The key breakthrough to identifying the bombers takes place on November 2, 2002. The first suspect, an alleged JI operative named Amrozi bin Nurhasyim, is arrested on November 5. (BBC 12/3/2002) Indonesia officially declares JI the prime suspect in the bombings on November 16. (Jakarta Post 1/3/2003)

Shortly after the October 11, 2002, request by Guantanamo commander Major General Michael Dunlavey for approval of new, harsh interrogation techniques, and after Guantanamo legal counsel Diane Beaver submitted her analysis justifying the use of those techniques (see October 11, 2002), General James T. “Tom” Hill forwards everything to General Richard Myers, the chairman of the Joint Chiefs of Staff. Hill includes a letter that contains the sentence, “Our respective staffs, the Office of the Secretary of Defense, and Joint Task Force 170 [the Army unit in charge of interrogating Guantanamo detainees] have been trying to identify counter-resistant techniques that we can lawfully employ.” In the letter, Hill is clearly ambivalent about the use of severe interrogation methods. He wants the opinion of senior Pentagon lawyers, and requests that “Department of Justice lawyers review the third category [the most severe] of techniques.” But none of this happens. The Joint Chiefs should have subjected the request to a detailed legal review, including scrutiny by Myers’s own counsel, Jane Dalton, but instead, Pentagon general counsel William J. Haynes short-circuits the approval process. Navy General Counsel Alberto Mora recalls Dalton telling him: “Jim pulled this away. We never had a chance to complete the assessment.” Myers later recalls being troubled that the normal procedures had been circumvented. Looking at the “Haynes Memo,” Myers will point out, “You don’t see my initials on this.” He notes that he “discussed it,” but never signed off on it. “This was not the way this should have come about.” Myers will come to believe that there was “intrigue” going on “that I wasn’t aware of, and Jane wasn’t aware of, that was probably occurring between [William J.] Haynes, White House general counsel [Alberto Gonzales], and Justice.” Instead of going through the proper channels, the memo goes straight to Haynes, who merely signs off with a note that says, “Good to go.” (Sands 5/2008)

Six of Indonesia’s main newspapers, including the Jakarta Post, Jawa Pos, and Bali Pos, suggest that several high-ranking Indonesian government figures could be suspects in the Bali bombings that took place earlier in the month (see October 12, 2002). These newspapers note that Gen. Djaja Suparman and former Jakarta police chief Nugroho Jayusman had flown to Bali just before the bombings. Army chief of staff Gen. Ryamizard Ryacudu was also reportedly in Bali at the time of the bombings. (Jakarta Post 1/3/2003; Pacific Media Watch 3/31/2003) Gen. Endriartono Sutarto, head of the Indonesian military, admits to the movements, but claims that Suparman was on vacation, while Riyacudu was in Bali for “health reasons.” An Indonesian human-rights activist says, “General Suparman is one of the generals who was behind the extremist jihad groups. He set up militias composed of gangsters and religious fanatics to counter student demonstrations in 1998. One of these militias, Pram Swarkasa, became the embryo of Laskar Jihad.” Laskar Jihad collaborated with the Indonesian military to kill thousands of Christians in the Indonesian province of Maluku in previous years (see January 1999-July 2001); al-Qaeda and its Southeast Asian affiliate Jemaah Islamiyah provided assistance (see Late 2000-Mid-2001). (Fawthrop 11/7/2002) Wimar Witoelar, spokesman for the previous Indonesian president, Abdurrahman Wahid, also says around this time, “The plot is probably hatched by hardline military rogues. This is certainly an excuse for a military takeover unless it is pre-empted.” Suparman threatens to sue for libel, as does Sutarto, who is accused by the Washington Post around the same time for tacitly approving the killing of a group of US citizens in Indonesia less than two months before the Bali bombings (see Mid-September 2002). But the lawsuits apparently never occur, and an Indonesian press council apparently never rules if the newspapers were irresponsible for making the allegations. None of the government figures are ever charged or officially named as suspects in the bombings. (Jakarta Post 11/9/2002; Pacific Media Watch 3/31/2003; Reporters without Borders 6/3/2004)

A group of militants thought to be linked to Afghan warlord Gulbuddin Hekmatyar and his Hezb-e-Islami organisation are captured in Pakistan. One man arrested is Gul Rahman, who will later freeze to death at a CIA-controlled prison in Afghanistan (see November 20, 2002). Another is Ghairat Baheer, a doctor and Hekmatyar’s son-in-law. Hekmatyar was a CIA ally during the Soviet-Afghan war (see (1986)), but is now linked to al-Qaeda. According to Baheer, Rahman had driven from Peshawar, Pakistan, in the northwest frontier to Islamabad for a medical checkup. He is staying with Baheer, an old friend, when US agents and Pakistani security forces storm the house and take both men, two guards, and a cook into custody. (Goldman and Gannon 3/28/2010)

Two detainees, Gul Rahman and Ghairat Baheer, are transferred from Pakistan to the CIA-controlled Salt Pit black site in Afghanistan. Baheer will say that he was separated from Rahman about a week after they were captured (see October 29, 2002) and they were both moved to the prison, so presumably they are transferred there together. (Goldman and Gannon 3/28/2010) Rahman will later die at the prison (see November 20, 2002).

The CIA approves four standard interrogation techniques for use against detainees. The techniques are:
bullet Sleep deprivation, which should not exceed 72 hours;
bullet Continual use of light or darkness in a cell;
bullet Loud music; and
bullet White noise, meaning a background hum.
These standard techniques can be used in addition to 10 enhanced techniques such as waterboarding (see Mid-March 2002). The limit on sleep deprivation as a standard technique will later be reduced (see December 2003), although when the tactic is used as an enhanced technique the maximum is 11 days. (Central Intelligence Agency 5/7/2004, pp. 15, 40 pdf file)

On November 2, 2002, only three weeks after the 2002 Bali bombings (see October 12, 2002), the Australian and Indonesian teams investigating the attacks say they have finished their initial forensic analysis of the bomb site. One forensic team member says, “We have all we need to nail these bad guys down.” (Perlez 11/2/2002; Jakarta Post 1/3/2003) That same day, investigators get their first big break when they discover the vehicle identification number of the chassis of the van used by some of the bombers. (BBC 12/3/2002) The first arrest of an officially suspected bomber, Amrozi, takes place on November 5. He had bought the van. He immediately confesses to taking part in the bombings. Other arrests, including the arrest of an alleged mastermind of the bombings, Imam Samudra, follow in the next weeks and months. (Jakarta Post 1/3/2003) Most Balinese are Hindu, and on November 15, the island holds a large public Hindu ritual purifying the bomb sites. The next day, bulldozers begin dumping the debris into the ocean, and they dump all the bomb site wreckage into the ocean over the next several days. (Jakarta Post 11/17/2002; Arnold 5/4/2003) Robert S. Finnegan, editor for the English-language Jakarta Post newspaper, will later sarcastically comment on how quickly the investigators finished their on-site work: “Astounding work, as it must have set a world record for crime scene forensic analysis.” He will also note, “Given the scope of the bombing and the sheer size of the primary and secondary blast areas - where traces from a plethora of different explosive compounds were swabbed from - this was a feat that escaped even the vaunted investigators working the World Trade Center [9/11] crime scene in New York, who spent nearly a year literally sifting by hand for evidence at the site.” (Finnegan 1/3/2003)

Qaed Senyan al-Harethi.Qaed Senyan al-Harethi. [Source: Yemen Observer]A CIA-operated Predator drone fires a missile that destroys a truck of suspected al-Qaeda operatives in Yemen. The target of the attack is Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, but five others are also killed, including American citizen Kamal Derwish. (Pincus 11/4/2002; Lumpkin 12/3/2002) Al-Harethi is said to have been involved in the 2000 bombing of the USS Cole. Bush administration officials say Derwish was the ringleader of a sleeper cell in Lackawanna, New York (see September 13, 2002). (Powell and Priest 11/9/2002; Thomas and Hosenball 11/11/2002) A former high-level intelligence officer complains that Defense Secretary Donald Rumsfeld wants “to take guys out for political effect.” Al-Harethi was being tracked for weeks through his cell phone. (Hersh 12/16/2002) The attack happens one day before mid-term elections in the US. Newsweek will note that timing of the strike “was, at the very least, fortuitous” for the Bush administration. (Thomas and Hosenball 11/11/2002) New Yorker magazine will later report, “The Yemeni government had planned to delay an announcement of the attack until it could issue a joint statement with Washington. When American officials released the story unilaterally, in time for Election Day, the Yemenis were angry and dismayed.” (Hersh 12/16/2002) Initial reports suggest the truck was destroyed by a car bomb. But on November 5, Deputy Defense Secretary Paul Wolfowitz will brag about the strike on CNN, thus ruining the cover story and revealing that the truck was destroyed by a US missile (see November 5, 2002). (Thomas and Hosenball 11/11/2002) US intelligence appears to have learned of al-Harethi’s whereabouts after interrogating Abd al-Rahim al-Nashiri, captured the month before (see Early October 2002).

Maj. Gen. Geoffrey Miller assumes command of the new Joint Task Force (JTF) GTMO, which is the product of the merger of the military intelligence and military police units at Guantanamo (see October 9, 2002). (Amnesty International 10/27/2004) Although he is reported not to have had any formal training in the operation of prisons or in intelligence, Miller comes to be seen at the Pentagon as largely successful in extracting information from the prisoners. “[H]e oversaw,” according to the Washington Post, “a transformation of the… detention center at Guantanamo Bay from a disorganized bundle of tents into an efficient prison that routinely produced what officials have called ‘moderately valuable’ intelligence for the war on terrorism.” (Smith 5/16/2004) The “Tipton Three,”—Rhuhel Ahmed, Asif Iqbal, and Shafiq Rasul—also notice the difference. “We had the impression,” Rasul recalls, “that at the beginning things were not carefully planned but a point came at which you could notice things changing. That appeared to be after [the arrival of] Gen. Miller around the end of 2002.” Thus, according to the Tipton Three, it is under Miller that the practice of so called “short-shackling” begins, which is the chaining of prisoners into squatting or fetal positions. Miller’s arrival also heralds, according to the three Britons, the start of sexual humiliation, “loud music playing in interrogation, shaving beards and hair,… taking away people’s ‘comfort’ items, the introduction of levels, moving some people every two hours depriving them of sleep, [and] the use of A/C air.” Also, isolation periods are stepped up considerably. “Before, when people would be put into blocks for isolation, they would seem to stay for not more than a month. After he came, people would be kept there for months and months and months,” the three allege. “Isolation was always there.” Additionally, the occasional call for prayers is ended under Miller. (Rasul, Iqbal, and Ahmed 7/26/2004 pdf file)

The UN Security Council unanimously votes 15-0 in favor of UN Resolution 1441, which stipulates that Iraq is required to readmit UN weapons inspectors under tougher terms than required by previous UN resolutions. The resolution does not give the US authority to use force against Iraq. (United Nations 11/8/2002) The resolution makes it very clear that only the UN Security Council has the right to take punitive action against Iraq in the event of noncompliance. (Zunes 11/14/2002) After the resolution is passed, top Bush administration officials make public statements threatening to use military force against Iraq if Saddam’s regime does not comply with the resolution. George Bush, Colin Powell, John Negroponte, Andrew Card, and Ari Fleischer make statements asserting that the resolution does not prevent the US from using force.
bullet A provision that would have authorized UN member states to use “all necessary means” to disarm Iraq is relocated to the preamble of the resolution where it has no practical significance. (Preston 11/6/2002; United Nations 11/9/2002)
bullet A provision requiring that security guards accompany the inspectors is removed. (Preston 11/6/2002)
bullet The resolution requires Iraq to provide the UN with the names of all its weapons experts. (Preston 11/6/2002; Beeston 11/9/2002; United Nations 11/9/2002)
bullet The resolution states that weapons inspectors will be authorized to remove Iraqi scientists, as well as their families, from Iraq in order to interview them. An official later tells the Washington Post that the power to interview Iraqi scientists was “the most significant authority contained in the resolution” and “the one thing that is most likely to produce overt Iraqi opposition.” (United Nations 11/9/2002; DeYoung and Pincus 12/12/2002)
bullet The resolution overturns provisions of the previous Resolution 1154 that required UN inspectors to notify Baghdad before inspecting Saddam Hussein’s presidential sites. Resolution 1154 had also required that inspections of those sensitive sites occur in the presence of diplomats. The new resolution demands that Iraq allow the inspectors “immediate, unimpeded, unconditional and unrestricted access” to any sites chosen by the inspectors. (United Nations 11/9/2002) Unnamed diplomats and US officials tell USA Today that the US may attempt to claim that Iraq is engaged in a pattern of defiance and deceit if it hinders the inspectors in any way. (Diamond and Nichols 12/19/2002 Sources: Unnamed diplomats and US officials)
bullet The resolution includes a provision calling for “no-fly” and “no-drive” zones in the areas surrounding suspected weapons sites to prevent the Iraqis from removing evidence prior to or during inspections. (United Nations 11/9/2002)
bullet The final resolution includes statements stipulating that an Iraqi failure to comply with the terms of the resolution, including “false statements or omissions” in the weapons declaration it is required to submit, will “constitute a further material breach” of its obligations. Additional wording included in the same provision explains that any breach of the resolution will “be reported to the Council for assessment.” Also, towards the end of the resolution, it states that the chief weapons inspector should “report immediately to the Council any interference” by Iraq so that the Council can “convene immediately to consider the situation and the need for full compliance with all the relevant council resolutions in order to restore international peace and security.” (Preston 11/6/2002; CNN 11/8/2002; Beeston 11/9/2002; United Nations 11/9/2002)
bullet Paragraph 8 of UN Security Council Resolution 1441 states that Iraq “shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or the IAEA or of any Member State taking action to uphold any Council resolution.” The US contends that this applies to the US- and British- patrolling of the “no-fly” zones that the two countries imposed shortly after the Gulf War. The “patrolling,” which has never been officially sanctioned by the UN and which is not recognized by Iraq, often includes aerial attacks on Iraqi sovereign territory. Iraq consistently fires on the attacking jets in self-defense. Other UN Security Council members explicitly oppose this interpretation of the resolution before its passage. (United Nations 11/9/2002; Burns 11/12/2002)
bullet The resolution gives Iraq seven days to announce whether or not it will comply with the resolution, and 30 days (December 8) to declare its chemical, biological, and nuclear-related capabilities—even those that are unrelated to weapons programs. 10 days after Iraq’s acceptance of the terms, inspectors will send an advanced team to Baghdad, but will have a total of 45 days to begin the actual work. The inspection team will be required to provide the UN Security Council with a report 60 days (January 27) after the commencement of its work. (MacAskill and Burkeman 11/7/2002; Associated Press 11/8/2002; United Nations 11/9/2002; Lederer 11/13/2002) Diplomats and US officials speaking off the record tell USA Today that the declaration due on December 8 represents a hidden trigger, explaining that any omissions will be considered a material breach and sufficient justification for war. (Diamond and Nichols 12/19/2002 Sources: Unnamed diplomats and US officials)
bullet Syria requested that the resolution include a provision stating that Iraq’s compliance with the terms would result in the lifting of sanctions. This provision was not included. (CNN 11/8/2002)
bullet Syria requested that the resolution declare the entire Middle East a “nuclear-free and weapons of mass destruction-free zone.” This provision was not included. (CNN 11/8/2002)
bullet France did not want the resolution to include any wording that might authorize the use of force. Instead it argued that the resolution should include only terms for tougher inspections. In the event of Iraqi noncompliance with the terms, France argued, a separate resolution should be agreed upon to decide what further action would be necessary. France lost its argument, and the new resolution includes a warning to Iraq “that it will face serious consequences” in the event of its failure to comply with the terms of the resolution. (MacAskill and Burkeman 11/7/2002)

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