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Henry ‘Scoop’ Jackson.Henry ‘Scoop’ Jackson. [Source: US Congress]The recently formed neoconservatives, bound together by magazine publisher Irving Kristol (see 1965), react with horror to the ascendancy of the “McGovern liberals” in the Democratic Party, and turn to conservative senator Henry “Scoop” Jackson (D-WA) for leadership. Jackson calls himself a “muscular Democrat”; others call him “the Senator from Boeing” for his strong support of the US defense industry. Jackson merges a strong support of labor and civil rights groups with a harsh Cold War opposition to the Soviet Union. Jackson assembles a staff of bright, young, ideologically homogeneous staffers who will later become some of the most influential and powerful neoconservatives of their generation, including Richard Perle, Douglas Feith, Elliott Abrams, Abram Shulsky, and Paul Wolfowitz. Jackson’s office—“the bunker,” to staffers—becomes a home for disaffected, ambitious young conservative ideologues with a missionary zeal for change. Jackson presides over the cadre in an almost fatherly fashion.
History of Two Dictators - Many of Jackson’s neoconservative disciples came of age either fighting two foreign dictators—Stalin and/or Hitler—or growing up with family members who fought against them. [Unger, 2007, pp. 35-41] Wolfowitz’s father’s family perished in the Holocaust; he will later say that what happened to European Jews during World War II “shaped a lot of my views.” [New York Times, 4/22/2002] Feith will tell the New Yorker in 2005, “[My] family got wiped out by Hitler, and… all this stuff about working things out—well, talking to Hitler to resolve the problem didn’t make any sense.” Most neoconservatives like Feith and Wolfowitz tend to look to military solutions as a first, not a last, resort. To them, compromise means appeasement, just as Britain’s Neville Chamberlain tried to appease Hitler. Stefan Halper, a White House and State Department official in the Nixon, Ford, and Reagan administrations, will say of the neoconservatives, “It is use force first and diplomacy down the line.”
Former Trotskyites - On the other hand, many neoconservatives come to the movement from the hardline, socialist left, often from organizations that supported Bolshevik revolutionary Leon Trotsky (see Late 1930s - 1950s). Trotskyites accused Stalin of betraying the purity of the Communist vision as declaimed by Karl Marx and Vladimir Lenin. “I can see psychologically why it would not be difficult for them to become [conservative] hard-liners,” says Harvard Sovietologist Richard Pipes, himself a hardliner whose son, Daniel Pipes, will become an influential neoconservative. “It was in reaction to the betrayal.” Many neoconservatives like Stephen Schwartz, a writer for the Weekly Standard, still consider themselves to be loyal disciples of Trotsky. Richard Perle is a Trotskyite socialist when he joins Jackson’s staff, and will always practice what author Craig Unger calls “an insistent, uncompromising, hard-line Bolshevik style” of policy and politics. Like Trotsky, Unger writes, the neoconservatives pride themselves on being skilled bureaucratic infighters, and on trusting no one except a small cadre of like-minded believers. Disagreement is betrayal, and political struggles are always a matter of life and death. [Unger, 2007, pp. 35-41]

Entity Tags: Stefan Halper, Stephen Schwartz, Richard Pipes, Richard Perle, Neville Chamberlain, Abram Shulsky, Douglas Feith, Daniel Pipes, Craig Unger, Paul Wolfowitz, Henry (“Scoop”) Jackson, Elliott Abrams, Leon Trotsky, Irving Kristol

Timeline Tags: Neoconservative Influence

An application known as PROMIS, the Prosecutor’s Management Information System, is developed. [Wired News, 3/1993] It is designed to be used to keep track of criminal investigations through a powerful search engine that can quickly access all data items stored about a case. [Salon, 7/23/2008] William Hamilton, one of the application’s developers, will describe what it can be used to do: “Every use of PROMIS in the court system is tracking people. You can rotate the file by case, defendant, arresting officer, judge, defence lawyer, and it’s tracking all the names of all the people in all the cases.” Wired magazine will describe its significance: “What this means is that PROMIS can provide a complete rundown of all federal cases in which a lawyer has been involved, or all the cases in which a lawyer has represented defendant A, or all the cases in which a lawyer has represented white-collar criminals, at which stage in each of the cases the lawyer agreed to a plea bargain, and so on. Based on this information, PROMIS can help a prosecutor determine when a plea will be taken in a particular type of case.” In addition, PROMIS can integrate several databases without requiring any reprogramming, meaning it can “turn blind data into information.” PROMIS is developed by a private business entity that will later become the company Inslaw, Inc. Although there will later be a series of disputes over the application’s use by the US government and others, this version of PROMIS is funded by a Law Enforcement Assistance Administration grant and is therefore in the public domain. [Wired News, 3/1993]

Entity Tags: Inslaw, Inc., William Hamilton

Timeline Tags: Inslaw and PROMIS

C. Madison “Brick” Brewer, the general counsel of the Institute for Law and Social Research, leaves his position. The circumstances of his departure from the institute, which will later be transformed into the company Inslaw, will later be disputed. The departure is significant because Brewer will later be hired by the Justice Department to manage a contract with Inslaw (see April 1982), and will adopt a combative approach to his former employer (see April 14, 1982 and April 19, 1982).
Hamilton's Account - Inslaw owner William Hamilton will later say that Brewer is asked to leave because he is unable to perform his duties, but is given sufficient time to find another job instead of being forced out. Inslaw vice president John Gizarelli will corroborate Hamilton’s account, telling the House Judiciary Committee under oath that Hamilton told him Brewer had been asked to resign.
Contradictory Statements by Brewer - Brewer will give different accounts of his departure. He will tell investigators from the Justice Department’s Office of Professional Responsibility (OPR): “At no time did he [Hamilton] ever say you are fired and at no time did he [Hamilton] ever indicate great dissatisfaction with my performance.… I never felt that I was discharged, let alone wrongfully discharged.” He will repeat this line to investigators from the House committee: “I never thought that he asked me to leave. It has always been my understanding that I was not asked to leave. I have never viewed my departure from the institute as either being a discharge, or forced.” However, another statement he will make puts a different slant on this; he tells the OPR: “[I]t has been my view that Mr. Hamilton obviously wanted me gone. He had been sending these signals, if not directly indicating a job dissatisfaction, since April, and it was now February, almost one year later, and I was still extricating myself.” In addition, Brewer will say in a court appearance: “On one occasion Mr. Hamilton came and said to me, ‘can you go to lunch?’ I explained that I couldn’t. And he said, ‘Well, what I have to say over lunch I can say right now. I think you ought to find [an] alternative—that you ought to leave the Institute.’”
Impact - The committee will comment, “The circumstances surrounding Mr. Brewer’s departure from the institute appear to have had a major influence over his views about Inslaw and its president, Mr. Hamilton.” Gizarelli will say that he had occasional contact with Brewer before his departure, and: “[H]e thought that Mr. Hamilton was insane. And I think he meant that literally. He did make comments about his rationality, his sanity, thought he wasn’t capable of leading an organization. The tenor of his remarks were to me very startling.” [US Congress, 9/10/1992]

Entity Tags: William Hamilton, Inslaw, Inc., House Judiciary Committee, John Gizarelli, C. Madison “Brick” Brewer

Timeline Tags: Inslaw and PROMIS

A team of young, mid-level CIA and DIA analysts, informally dubbed “Team A,” debates the neoconservative/hardline group of outside “analysts” known as “Team B” (see Early 1976) over the CIA’s estimates of Soviet military threats and intentions. The debate is a disaster for the CIA’s group. Team B uses its intellectual firepower and established reputations of members such as Richard Pipes and Paul Nitze to intimidate, overwhelm, and browbeat the younger, more inexperienced CIA analysts. “People like Nitze ate us for lunch,” recalls one member of Team A. “It was like putting Walt Whitman High versus the [NFL’s] Redskins. I watched poor GS-13s and GS-14s [middle-level analysts with modest experience and little real influence] subjected to ridicule by Pipes and Nitze. They were browbeating the poor analysts.” Howard Stoertz, the national intelligence officer who helped coordinate and guide Team A, will say in hindsight, “If I had appreciated the adversarial nature [of Team B], I would have wheeled up different guns.” Team A had prepared for a relatively congenial session of comparative analysis and lively discussion; Team B had prepared for war.
Ideology Trumps Facts - Neither Stoertz nor anyone else in the CIA appreciated how thoroughly Team B would let ideology and personalities override fact and real data. While CIA analysts are aware of how political considerations can influence the agency’s findings, the foundation of everything they do is factual—every conclusion they draw is based on whatever facts they can glean, and they are leery of extrapolating too much from a factual set. Team A is wholly unprepared for B’s assault on their reliance on facts, a line of attack the CIA analysts find incomprehensible. “In other words,” author Craig Unger will write in 2007, “facts didn’t matter.” Pipes, the leader of Team B, has argued for years that attempting to accurately assess Soviet military strength is irrelevant. Pipes says that because it is irrefutable that the USSR intends to obliterate the US, the US must immediately begin preparing for an all-out nuclear showdown, regardless of the intelligence or the diplomatic efforts of both sides. Team B is part of that preparation. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Intelligence expert John Prados, who will examine the contesting reports, later says that while the CIA analysts believe in “an objective discoverable truth,” the Team B analysts engaged in an “exercise of reasoning from conclusions” that they justify, not in factual, but in “moral and ideological terms.” According to Prados’s analysis, Team B had no real interest in finding the truth. Instead, they employed what he calls an adversarial process similar to that used in courts of law, where two sides present their arguments and a supposedly impartial judge chooses one over the other. Team B’s intent was, in essence, to present the two opposing arguments to Washington policy makers and have them, in author J. Peter Scoblic’s words, “choose whichever truth they found most convenient.” [Scoblic, 2008, pp. 98]
Attacking the Intelligence Community - The first sentence of Team B’s report is a frontal assault on the US intelligence community. That community, the report says, had “substantially misperceived the motivations behind Soviet strategic programs, and thereby tended consistently to underestimate their intensity, scope, and implicit threat.” Team B writes that the intelligence community has failed to see—or deliberately refused to see—that the entire schema of detente and arms limitations negotiations are merely elements of the Soviet push for global domination.
Fighting and Winning a Nuclear War - Team B writes that the Soviets have already achieved measurable superiority in nuclear weaponry and other military benchmarks, and will use those advantages to cow and coerce the West into doing its bidding. The Soviets worship military power “to an extent inconceivable to the average Westerner,” the report asserts. The entire Soviet plan, the report goes on to say, hinges on its willingness to fight a nuclear war, and its absolute belief that it can win such a war. Within ten years, Team B states, “the Soviets may well expect to achieve a degree of military superiority which would permit a dramatically more aggressive pursuit of their hegemonial objectives.” [Scoblic, 2008, pp. 94-95]
Lack of Facts Merely Proof of Soviets' Success - One example that comes up during the debate is B’s assertion that the USSR has a top-secret nonacoustic antisubmarine system. While the CIA analysts struggle to point out that absolutely no evidence of this system exists, B members conclude that not only does the USSR have such a system, it has probably “deployed some operation nonacoustic systems and will deploy more in the next few years.” The absence of evidence merely proves how secretive the Soviets are, they argue. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Anne Cahn, who will serve in the Arms Control and Disarmament Agency in the Carter administration, later says of this assertion, “They couldn’t say that the Soviets had acoustic means of picking up American submarines, because they couldn’t find it. So they said, well maybe they have a non-acoustic means of making our submarine fleet vulnerable. But there was no evidence that they had a non-acoustic system. They’re saying, ‘we can’t find evidence that they’re doing it the way that everyone thinks they’re doing it, so they must be doing it a different way. We don’t know what that different way is, but they must be doing it.‘… [The fact that the weapon doesn’t exist] doesn’t mean that it doesn’t exist. It just means that we haven’t found it yet.” Cahn will give another example: “I mean, they looked at radars out in Krasnoyarsk and said, ‘This is a laser beam weapon,’ when in fact it was nothing of the sort.… And if you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.… I don’t believe anything in Team B was really true.” [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005]
Soviet Strike Capabilities Grossly Exaggerated - Team B also hammers home warnings about how dangerous the Soviets’ Backfire bomber is. Later—too late for Team A—the Team B contentions about the Backfire’s range and refueling capability are proven to be grossly overestimated; it is later shown that the USSR has less than half the number of Backfires that B members loudly assert exist (500 in Team B’s estimation, 235 in reality). B’s assertions of how effectively the Soviets could strike at US missile silos are similarly exaggerated, and based on flawed assessment techniques long rejected by the CIA. The only hard evidence Team B produces to back their assertions is the official Soviet training manual, which claims that their air-defense system is fully integrated and functions flawlessly. The B analysts even assert, without evidence, that the Soviets have successfully tested laser and charged particle beam (CPB) weapons. [Bulletin of Atomic Scientists, 4/1993; Quarterly Journal of Speech, 5/2006 pdf file] (The facility at Semipalatansk that is supposedly testing these laser weapons for deployment is in reality a test site for nuclear-powered rocket engines.) [Scoblic, 2008, pp. 96]
Fundamental Contradiction - One befuddling conclusion of Team B concerns the Soviets’ ability to continue building new and expensive weapons. While B acknowledges “that the Soviet Union is in severe decline,” paradoxically, its members argue that the threat from the USSR is imminent and will grow ever more so because it is a wealthy country with “a large and expanding Gross National Product.”
Allegations 'Complete Fiction' - Cahn will say of Team B’s arguments, “All of it was fantasy.… [I]f you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.” The CIA lambasts Team B’s report as “complete fiction.” CIA director George H. W. Bush says that B’s approach “lends itself to manipulation for purposes other than estimative accuracy.” His successor, Admiral Stansfield Turner, will come to the same conclusion, saying, “Team B was composed of outsiders with a right-wing ideological bent. The intention was to promote competition by polarizing the teams. It failed. The CIA teams, knowing that the outsiders on B would take extreme views, tended to do the same in self-defense. When B felt frustrated over its inability to prevail, one of its members leaked much of the secret material of the proceedings to the press” (see Late November, 1976). Former CIA deputy director Ray Cline says Team B had subverted the National Intelligence Estimate on the USSR by employing “a kangaroo court of outside critics all picked from one point of view.” Secretary of State Henry Kissinger says that B’s only purpose is to subvert detente and sabotage a new arms limitation treaty between the US and the Soviet Union. [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005; Quarterly Journal of Speech, 5/2006 pdf file; Unger, 2007, pp. 53-57]
Costs of Rearmament - In 1993, after reviewing the original Team B documents, Cahn will reflect on the effect of the B exercise: “For more than a third of a century, assertions of Soviet superiority created calls for the United States to ‘rearm.’ In the 1980s, the call was heeded so thoroughly that the United States embarked on a trillion-dollar defense buildup. As a result, the country neglected its schools, cities, roads and bridges, and health care system. From the world’s greatest creditor nation, the United States became the world’s greatest debtor—in order to pay for arms to counter the threat of a nation that was collapsing.” [Bulletin of Atomic Scientists, 4/1993] Former Senator Gary Hart (D-CO) will agree: “The Pro-B Team leak and public attack on the conclusions of the NIE represent but one element in a series of leaks and other statements which have been aimed as fostering a ‘worst case’ view for the public of the Soviet threat. In turn, this view of the Soviet threat is used to justify new weapons systems.” [Quarterly Journal of Speech, 5/2006 pdf file]

Entity Tags: Howard Stoertz, Henry A. Kissinger, Stansfield Turner, Richard Pipes, J. Peter Scoblic, Ray Cline, George Herbert Walker Bush, Craig Unger, Defense Intelligence Agency, ’Team A’, Gary Hart, Anne Cahn, ’Team B’, Carter administration, Arms Control and Disarmament Agency, Paul Nitze, Central Intelligence Agency

Timeline Tags: US International Relations, Neoconservative Influence

Laurence McWhorter, director of the Executive Office for US Attorneys, tells one of his subordinates, “We’re out to get Inslaw.” Inslaw developed the PROMIS database and search application (see Mid-1970s) and is soon to become embroiled in a dispute with the Justice Department over it. Mallgrave will later tell Wired magazine: “We were just in his office for what I call a B.S. type discussion. I remember it was a bright sunny morning.… [McWhorter] asked me if I would be interested in assuming the position of assistant director for data processing… basically working with Inslaw. I told him… I just had no interest in that job. And then, almost as an afterthought, he said ‘We’re out to get Inslaw.’ I remember it to this day.” [Wired News, 3/1993]

Entity Tags: Inslaw, Inc., Frank Mallgrave, Executive Office for US Attorneys (DOJ), Laurence McWhorter

Timeline Tags: Inslaw and PROMIS

A PROMIS oversight committee is formed at the Justice Department to supervise the implementation of the PROMIS software at US attorneys’ offices. The committee’s members are initially Associate Attorney General Rudolph Giuliani, Associate Deputy Attorney General Stanley E. Morris, Director of the Executive Office for US Attorneys William P. Tyson, and the Justice management division’s Assistant Attorney General for Administration Kevin D. Rooney. The associate attorney general is the chairman of the committee. The date on which the committee is established is unclear, but it will be mentioned in a memo dated August 13, 1981, so it must be at this date at the latest. Lowell Jensen will also be significantly involved in the committee, first as the associate attorney general for the criminal division until early 1983, and then as associate attorney general, meaning he also chairs the committee. The main official who reports to the committee is PROMIS project manager C. Madison “Brick” Brewer, although he will not be hired by the department until the start of the next year (see April 1982). [US Congress, 9/10/1992]

Entity Tags: Justice Management Division, William P. Tyson, Executive Office for US Attorneys (DOJ), US Department of Justice, Criminal Division (DoJ), Kevin D. Rooney, Stanley E. Morris, Rudolph (“Rudy”) Giuliani, Lowell Jensen

Timeline Tags: Inslaw and PROMIS

The Justice Department issues a request for proposals (RFP) for the installation of public domain PROMIS software. Two of the 104 companies that ask for the request for proposals submit bids. However, one of them, Systems Architects, Inc., has problems in its bid and the contract will be awarded to the other, Inslaw (see March 1982).
Problems with Installation Concept - The installation is to be on minicomputers and word processors, although both Inslaw, which developed PROMIS, and other potential bidders had previously advised the department not to try to perform PROMIS functions on word processing equipment, as it is not powerful enough. One reason for this is that PROMIS involves over 500,000 lines of Common Business Oriented Language (COBOL) program code and requires a very large-capacity computer at this time. In addition, Inslaw advises the department to move toward the use of more powerful computers that could perform both case management and word processing. However, the department ignores the advice.
Existence of Privately-Funded Enhancements 'Explicit' - There will later be an argument about how much the department should pay Inslaw for the software. This dispute will turn on privately-funded enhancements to the application Inslaw says it makes after an initial version of PROMIS was developed using government money. According to a report drafted by the House Judiciary Committee, during the contract negotiations, Inslaw is “explicit in stating to the department that its version of PROMIS had been enhanced with private funds and future enhancements funded outside the department’s contract were expected.” Nevertheless, the department will say that it owns the software, and will cite as support amendments to the RFP that make available to all bidders copies of the pilot project software, and state that the RFP does not anticipate redevelopment of the public domain PROMIS software used in the pilot offices. If any alterations are made under the contract, they are to be made available to the offices using a current version. Regarding the amendments, the committee will comment, “Unfortunately, this language may also have blinded department management to the idea that Inslaw had made privately funded enhancements that were its property.” [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, House Judiciary Committee, Inslaw, Inc., Systems Architects, Inc.

Timeline Tags: Inslaw and PROMIS

The PROMIS database application is used for a program called “Follow the Money” to track loans made by Western banks to the Soviet Union and its allies. The top-secret program is run for the National Security Council (NSC) by Norman Bailey, who uses NSA signals intelligence to track the loans. Bailey will later say that the PROMIS application is “the principal software element” used by the NSA and the Treasury Department in their electronic surveillance programs that track financial flows to the Soviet bloc, organized crime, and terrorist groups. According to Bailey, this program marks a significant shift in resources from human spying to electronic surveillance, as a way to track money flows to suspected criminals and American enemies. [Salon, 7/23/2008]

Entity Tags: National Security Agency, US Department of the Treasury, National Security Council, Norman Bailey

Timeline Tags: Inslaw and PROMIS

Inslaw wins a $9.6 million contract from the Justice Department to install the public domain vesion of PROMIS application in 20 US attorneys’ offices as a pilot program. PROMIS is an application designed to be used by prosecutors to keep track of case records (see Mid-1970s). If the trial installation is successful, the company will install PROMIS in the remaining 74 federal prosecutors’ offices around the country. The contract is also for the necessary training, maintenance, and support for three years. According to William Hamilton, one of Inslaw’s owners, the eventual market for complete automation of the Federal court system is worth up to $3 billion. However, this is the last contract Inslaw receives from the Justice Department for PROMIS, as the deal becomes mired in a series of disputes. [US Congress, 9/10/1992; Wired News, 3/1993]

Entity Tags: William Hamilton, US Department of Justice, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

C. Madison “Brick” Brewer gets the job of supervising a contract with Inslaw for the installation of the PROMIS database and search application (see March 1982). [US Congress, 9/10/1992; Wired News, 3/1993] According to a report by the House Judiciary Committee, Brewer gets the job from William P. Tyson of the Justice Department’s Executive Office for US Attorneys (EOUSA). [US Congress, 9/10/1992] However, according to Wired magazine, Brewer is appointed by EOUSA Director Laurence McWhorter, who had told a previous candidate for the position that he was “out to get Inslaw” (see Spring 1981). [Wired News, 3/1993] Brewer had originally been hired by the EOUSA in January. [US Congress, 9/10/1992] He once worked for Inslaw, but was allowed to resign when its founder William Hamilton found his performance inadequate (see 1976). [Wired News, 3/1993] Brewer will soon demonstrate his hostility to Inslaw, and the company will ask that he be replaced (see April 14, 1982, April 19, 1982, and Mid-April 1982).
Importance of Job - As the project manager, Brewer is involved in all major contract and technical decisions, including forming the department’s position on Inslaw’s claim that it should be paid for privately-funded enhancements it makes to PROMIS. Brewer also reports on progress on the contract to the department’s PROMIS Oversight Committee (see August 13, 1981 or Before).
Comment by Assistant Attorney General - Assistant Attorney General Lowell Jensen will later comment: “I would think that the better path of wisdom is not to do that [i.e. hire an allegedly fired employee to direct the contract of his former employer] if that’s possible to do. I think that it’s better to have these kinds of issues undertaken by people who don’t have questions raised about them one way or the other whether they are biased in favor of or against the people they deal with.” However, this thinking apparently does not impact the department’s decision to hire Brewer.
House Judiciary Committee Investigation - In the light of these circumstances, the House Judiciary Committee will call the appointment a “curious choice,” partly because Brewer tells it: “I was not a computer person. We talked about my role viewed as being liaison, the person who would make things happen, a coordinator. It was not contemplated that I would, by osmosis or otherwise, learn computer science.” After interviewing Justice Department staff, the committee will find that it is “unable to determine how Mr. Brewer came to be considered for the position.” The committee will also point out: “The potential conflict of interest was an unsatisfactory situation irrespective of his admittedly negative feelings about his forced resignation from the company. Had Mr. Brewer taken actions which could have been construed to unduly favor Inslaw throughout the life of the contract, similar questions of potential conflict could just as easily have arisen either from within the department or from outside competitors of the company.”
Findings of Government Accountability Office and Permanent Subcommittee on Investigations - The Government Accountability Office and Congress’s Permanent Subcommittee on Investigations (PSI) will find that Brewer’s appointment as project manager creates an appearance of a conflict of interest that should have been avoided by the department. The PSI report will say, “The staff finds that the department exercised poor judgment in ignoring the potential for a conflict of interest in its hiring of the PROMIS project director [Brewer], and then, after receiving allegations of bias on his part, in failing to follow standard procedures to investigate them in a timely manner.”
Courts' Opinions - During the legal proceedings that stem from a dispute between Inslaw and the department, two courts will comment on the issue. George Bason, of the Bankruptcy Court for the District of Columbia, will say, “On the basis of the evidence taken as a whole, this court is convinced beyond any doubt that Brewer was consumed by hatred for and an intense desire for revenge against Mr. Hamilton and Inslaw, and acted throughout this matter in a thoroughly biased and unfairly prejudicial manner toward Inslaw.” William Bryant, of the District Court for the District of Columbia, will add, “The nature and circumstances of his separation from that employment are somewhat in dispute, but it is clear that Brewer was not happy in his job when he left it after being urged to do so by Hamilton.”
Brewer's Motivation - Inslaw attorney Harvey Sherzer will comment in court on one of the motivations apparently driving Brewer: “[H]e seemed to think there was something wrong with a contractor benefiting from a government contract.… The gist of what he seemed to be saying was that by performing this contract Inslaw and Mr. Hamilton, specifically, was making an effort to expand the company. And there seemed to be a negative inference toward Inslaw’s ability to use the base created by this contract to expand.” [US Congress, 9/10/1992]
Office of Professional Responsibility Conclusion - On the contrary, the Justice Department’s Office of Professional Responsibility will examine the matter and rule there is no conflict of interest. Brewer will later tell a federal court that everything he does regarding Inslaw is approved by Jensen. Jensen had previously supervised a product known as DALITE, which lost a major contract to Inslaw in the 1970s. [Wired News, 3/1993]

Entity Tags: Lowell Jensen, William Bryant, Office of Professional Responsibility, Laurence McWhorter, Permanent Subcommittee on Investigations, US District Court for the District of Columbia, House Judiciary Committee, Harvey Sherzer, Bankruptcy Court for the District of Columbia, C. Madison “Brick” Brewer, Inslaw, Inc., Executive Office for US Attorneys (DOJ), George Bason, Government Accountability Office, Frank Mallgrave, William P. Tyson

Timeline Tags: Inslaw and PROMIS

A lawyer acting for Inslaw writes to the Justice Department telling it that Inslaw intends to market a version of the PROMIS software commercially. The lawyer, Roderick M. Hills of Latham & Watkins, tells Associate Deputy Attorney General Stanley E. Morris, who is also a member of the committee overseeing PROMIS, that, even though the software was initially developed with government money (see Mid-1970s), private enhancements to it mean that Inslaw can sell the improved version for a fee. The letter is accompanied by a memorandum from Inslaw owner William Hamilton explaining the situation. Inslaw and the department have just signed a contract for Inslaw to implement the public domain version of the software at US attorneys’ offices for the department (see March 1982). However, the privately-funded enhancements mean that if the department chose to use the latest version, it would have to pay for the actual software, as well as installation and maintenance costs. [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., Latham, Watkins & Hills, Roderick M. Hills, William Hamilton

Timeline Tags: Inslaw and PROMIS

One month after the Justice Department and Inslaw sign a contract on the installation of PROMIS software (see March 1982), a departmental official raises the possibility of terminating the contract. At a meeting of the PROMIS Project Team, project manager C. Madison Brewer, the Justice Department’s contracting officer Peter Videnieks, and Jack Rugh, the acting assistant director for the Office of Management Information Systems Support, discuss terminating the contract with Inslaw for convenience of the government, according to notes taken at the meeting. “Discussed Inslaw’s ‘PROMIS II’ memo, termination for convenience discussed,” read Videnieks’ notes. When the contract becomes the subject of a series of legal actions, the three men begin to suffer from what the House Judiciary Committee will call “severe memory loss” over what happened at the meeting. In a sworn statement, Brewer will say he does not recall the details of the meeting, but if this recommendation were made, it was made “in jest.” However, he will admit to being upset with Inslaw’s handling of the contract and its demand for payment for enhancements it had made privately to the application (see April 2, 1982). Bankruptcy Court Judge George Bason will comment: “All of the [Justice Department] witnesses who attended the April 14, 1982 meeting professed a total lack of memory about it. They testified they had no recollection of any such meeting. This court disbelieves that testimony. None of them could offer any credible explanation, or indeed any explanation, of the meaning of Videnieks’ handwritten notes other than what this court finds to be their meaning.… These notes constitute a ‘smoking gun’ that clearly evidences Brewer’s intense bias against Inslaw, his single-minded intent to drive INSLAW out of business, and Rugh’s and Videnieks’ complicity.” [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Peter Videnieks, Jack Rugh, C. Madison “Brick” Brewer, George Bason

Timeline Tags: Inslaw and PROMIS

Inslaw asks the Justice Department to appoint a manager other than C. Madison “Brick” Brewer to run the PROMIS project that Inslaw is working on for the department. Brewer had formerly worked for Inslaw, but had left under a cloud (see 1976), and later been hired by the department to supervise the contract between it and Inslaw (see April 1982). Following initial problems with Brewer (see April 14, 1982 and April 19, 1982), Inslaw asks Associate Deputy Attorney General Stanley E. Morris to replace him, as Inslaw owner William Hamilton thinks he has antagonistic feelings toward Inslaw due to their past. However, departmental officials say that Brewer’s skills and prior employment with Inslaw were important factors in his hiring by the department. Laurence McWhorter, deputy director of the Executive Office for US Attorneys, will later say that Brewer’s employment by Inslaw qualified him to “run the implementation of a case tracking system for US attorneys” and “to basically direct the implementation of a case tracking system in US attorneys offices.” The House Judiciary Committee will comment, “It is difficult to understand, however, how… McWhorter could make this statement” because Brewer himself admitted that at the time he left Inslaw, “he had very little, if any, experience in managing computer projects and government ADP [automated data processing] procurement law,” and he also “admitted to a lack of experience or detailed understanding of computers or software.” [US Congress, 9/10/1992]

Entity Tags: William Hamilton, Stanley E. Morris, US Department of Justice, Inslaw, Inc., C. Madison “Brick” Brewer, Executive Office for US Attorneys (DOJ), Laurence McWhorter, House Judiciary Committee

Timeline Tags: Inslaw and PROMIS

Justice Department manager C. Madison Brewer displays his hostility towards Inslaw, Inc., in a meeting to discuss the implementation of the PROMIS application. An Inslaw memorandum of the meeting says, “Brewer seized upon this issue [that Inslaw wanted to be paid for privately-financed enhancements it had made to the software] and launched into a tirade which was very emotional, unorganized, and quite illogical.” Brewer’s complaints are:
bullet The memo claiming the payments is “typical of Inslaw and [Inslaw owner] Bill Hamilton and that it was self-serving and unnecessary.”
bullet How did the Justice Department “know that we might say work was not finished under our government contracts and the next week copyright the work and begin selling it back to the Justice Department?”
bullet A press release about a contract awarded to Inslaw was inaccurate because “it described West Virginia as a successful implementation when in fact, they had spent an additional 20K [$20,000] on the project and Lanier was doing all the work.”
bullet The memo had caused “all kinds of problems in Justice and had many people upset.”
bullet “Illinois Criminal Justice Coordinating Council, Michigan Prosecuting Attorney’s Association, Andy Voight, and others,” would say that “Inslaw did not do good or successful work.”
bullet “Hamilton started the PROMIS system as an employee of the DC, USAO [US Attorneys Office in Washington, DC]. And that all of the software was developed with Federal funds and what right did Hamilton have to try to claim ownership of the software.”
The memo adds, “All of these comments were based with an obvious dislike of Bill Hamilton and a resentment for the success of Inslaw personified in him.” [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., C. Madison “Brick” Brewer, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Inslaw enhances its PROMIS software under contract to the Bureau of Justice Statistics, part of the Justice Department. The improvement, known as the “printed inquiry enhancement,” is delivered to the department on May 17, 1982. As the development of the original software and this enhancement is government-funded (see Mid-1970s), Inslaw cannot charge for providing the software to the government solely by virtue of this improvement. However, Inslaw also says it makes privately-funded enhancements at this time, enabling it to charge a fee for a version of the application with these enhancements (see April 2, 1982 and July 17, 1982). [US Congress, 9/10/1992]

Entity Tags: Bureau of Justice Statistics, US Department of Justice, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

Inslaw’s attorney James Rogers writes to the Justice Department in an attempt to allay fears the department has about the implementation of the company’s PROMIS software for it. Rogers provides Associate Deputy Attorney General Stanley E. Morris with a detailed description of what the company plans to do to market the software commercially from the next month, and asks that the department respond to Inslaw to “ensure that these representations are correct.” Rogers says that the version of PROMIS the company will market comprises three parts: (1) the original application developed with government money (see Mid-1970s); (2) enhancements made by Inslaw using private money (see April 2, 1982 and July 17, 1982); and (3) an enhancement made for the Bureau of Justice Statistics (see Before May 17, 1982). Parts (1) and (3) do not entitle Inslaw to market the software commercially themselves. However, part (2) does. At the Justice Department, both C. Madison “Brick” Brewer, who supervises the PROMIS contract, and Peter Videnieks, the department’s contracting officer, are unhappy with this intention. The House Judiciary Committee will comment that this letter is “followed by a very antagonistic meeting” between Brewer and Inslaw representatives, and that Brewer and Videnieks continue “to believe that, because the department was currently funding the implementation of PROMIS, they could ignore Inslaw’s proprietary interest in the privately funded enhancements made to the PROMIS software.” [US Congress, 9/10/1992]

Entity Tags: Stanley E. Morris, US Department of Justice, Inslaw, Inc., C. Madison “Brick” Brewer, House Judiciary Committee, Peter Videnieks

Timeline Tags: Inslaw and PROMIS

In an internal memo, Inslaw employee John Gizarelli outlines a problem concerning the PROMIS project with the Justice Department official handling the contract, C. Madison “Brick” Brewer (see April 14, 1982, April 19, 1982, and Mid-April 1982). Brewer had left Inslaw under a cloud in the mid-1970s (see 1976), but is now overseeing the PROMIS implementation project at the Justice Department. Gizarelli writes to Inslaw vice president Dean Merrill that Brewer “has made no secret of his dislike of [Inslaw president] Bill Hamilton.” He adds: “In his present job, he is in a position to demonstrate his dislike. Bill, however, has kept his distance from the project and probably will continue to do so, until and unless there are large problems which Bill—in his role as president—must deal with personally. It is entirely possible—and I believe likely—that Brick will escalate the level of controversy until he draws Bill into the project, at which time he will be able to ‘lord it over him’ and show who’s boss. I don’t think Brick will ever be at peace with his feelings about Bill and therefore, with us.” [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., Dean Merrill, John Gizarelli, C. Madison “Brick” Brewer, William Hamilton

Timeline Tags: Inslaw and PROMIS

Joyce Demy, an employee of the software company Inslaw, writes to the firm’s lawyer saying that it made enhancements to its PROMIS software worth $1 million between May 1981 and May 1982. She also tells the lawyer, James Rogers of Latham, Watkins & Hills, that no government money was used for the enhancements, which were paid for solely out of private funds. Prior to the enhancements, the original PROMIS software was in the public domain, as it had been paid for by government money (see Mid-1970s). However, the various privately-funded enhancements mean that Inslaw can claim ownership of it. [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., James Rogers, Joyce Demy, Latham, Watkins & Hills

Timeline Tags: Inslaw and PROMIS

Associate Deputy Attorney General Stanley Morris writes to James Rogers, an attorney acting for Inslaw, and admits that the company owns privately funded improvements to the PROMIS software. Morris first points out that part of the software was financed by the government: “We agree that the original PROMIS, as defined in your letter of May 26, 1982 (see May 26, 1982), is in the public domain. We also agree that the printed inquiry enhancement is in the public domain.” This means that Inslaw could never charge the department for the use of software comprising only the original application and the printed inquiry enhancement (although it could of course charge for installation and maintenance). However, Morris adds, “To the extent that any other enhancements to the system were privately funded by Inslaw and not specified to be delivered to the Department of Justice under any contract or other arrangement, Inslaw may assert whatever proprietary rights it may have.” This means the department agrees that Inslaw can sell a version of the software with privately-funded enhancements. [US Congress, 9/10/1992] This statement is made in response to a letter sent by lawyers acting for Inslaw founder William Hamilton, informing the department that Inslaw intends to become a private company, and asking it to waive any proprietary rights it might claim to the enhanced version. Clarification will be provided in a 1988 deposition in which Deputy Attorney General Arnold Burns will say, “Our lawyers were satisfied that Inslaw’s lawyers could sustain the claim in court, that we had waived those [proprietary] rights.” [Wired News, 3/1993]

Entity Tags: US Department of Justice, William Hamilton, Arnold Burns, Inslaw, Inc., Stanley E. Morris

Timeline Tags: Inslaw and PROMIS

Peter Videnieks, the Justice Department’s contracting officer, writes to Inslaw to demand that it turn over all computer programs and supporting documentation relating to a contract to install PROMIS software for the department (see March 1982). In response, Inslaw says it will not do this without the department modifying the contract between them to acknowledge that it has inserted privately-funded enhancements into a public domain version developed for the department. This modification is apparently required because the department is using a time-share version of the application in advance of full installation, and Inslaw’s other timesharing customers also use a version with the enhancements. The department then says that the original contract called for software in which the government has unlimited rights, and asks Inslaw to identify the parts of the software it claims are proprietary. Inslaw offers to provide the enhanced software to the 94 attorneys’ offices covered by the contract at no extra charge, provided the department agrees to Inslaw’s rights and does not disseminate the software beyond these offices. However, Videnieks will later tell investigators for the House Judiciary Committee that the department believed that it had unlimited rights to any versions of PROMIS, and if restrictions were placed on data rights, then this would not satisfy Inslaw’s obligation under the contract. [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., US Department of Justice, Peter Videnieks

Timeline Tags: Inslaw and PROMIS

The Justice Department makes a counter-proposal in the dispute over whether Inslaw should provide an enhanced version of the PROMIS software and documentation to the department to ensure against the company’s bankruptcy (see December 6, 1982). The counter-proposal is made in a letter from Peter Videnieks, the department’s contracting officer, to Harvey Sherzer, an attorney for Inslaw. Videnieks still wants a copy of the enhanced PROMIS software, but is willing to limit the software’s dissemination to the attorneys’ offices contemplated by the original contract. However, the department does not admit that Inslaw has made privately-funded enhancements to the software, so this limitation on dissemination will only apply if Inslaw can demonstrate the privately-funded enhancements that it claims have actually been made. Nevertheless, no mechanism for producing such proof will be specified. If Inslaw can show the software contains such enhancements, the department will either tell it to remove them, or negotiate regarding inclusion of the enhancements. [US Congress, 9/10/1992]

Entity Tags: Harvey Sherzer, Inslaw, Inc., Peter Videnieks, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Inslaw and the Justice Department conclude a modification, number 12, to a contract under which the company is to install PROMIS software for the department (March 1982). The modification appears to resolve a dispute that has arisen between the two parties (see December 6, 1982 and March 18, 1983), as the department wants Inslaw to give it a copy of the software, but Inslaw says it has made privately-funded enhancements to the code and wants the department to undertake not to disseminate the enhanced software beyond the locations specified in the original contract (the department is entitled to disseminate an earlier, public domain version of the contract any way it wants). The modification says that Inslaw will give the department a copy of the software, and the department undertakes not to disseminate it in future, provided that Inslaw can demonstrate the enhancements were actually made. As a result of the agreement, the department will continue to make advance payments to Inslaw. It is this modification that leads to a series of legal disputes that will last well into the next decade, as the parties never come to an agreement on how the enhancements are to be demonstrated and the department begins to disseminate the software unchecked. [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., US Department of Justice

Timeline Tags: Inslaw and PROMIS

A Justice Department official writes a memo saying he will soon provide the PROMIS application to an Israeli government representative. The official is Jack Rugh, the acting assistant director of the Office of Management Information Systems Support at the Executive Office of US Attorneys. The memo states that “Reference my memorandum to file dated April 22, 1983, on the same subject. [C. Madison] Brick Brewer [PROMIS project manager at the Justice Department] recently instructed me to make a copy of an LEAA version of PROMIS [a version wholly owned by the Justice Department] available to Dr. Ben Orr, a representative of the government of Israel. Dr. Orr called me to discuss that request after my earlier memorandum was written. I have made a copy of the LEM DEC version of PROMIS and will provide it along with the corresponding documentation, to Dr. Orr before he leaves the United States for Israel on May 16.”
High Officials Possibly Involved - The House Judiciary Committee will comment: “Given the international dimensions to the decisions, it is difficult to accept the notion that a group of low-level Department personnel decided independently to get in touch with the government of Israel to arrange for transfer of the PROMIS software. At the very least, it is unlikely that such a transaction occurred without the approval of high-level Department officials, including those on the PROMIS Oversight Committee.”
Actual Version of PROMIS Unclear - The committee will also later speculate that a version whose ownership is under dispute was also given to the Israelis, saying: “[I]t is uncertain what version actually was transferred. Department managers believed that all versions of the Enhanced PROMIS software were the Department’s property. The lack of detailed documentation on the transfer, therefore, only creates new questions surrounding allegations that Enhanced PROMIS may have been sold or transferred to Israel and other foreign governments.” [US Congress, 9/10/1992] Rugh will pass the application to Brewer for handing over to Orr six days later (see May 12, 1983).

Entity Tags: Executive Office for US Attorneys (DOJ), C. Madison “Brick” Brewer, US Department of Justice, Office of Management Information Systems Support, Benjamin Orr, Jack Rugh

Timeline Tags: Inslaw and PROMIS

Jack Rugh, the acting assistant director of the Office of Management Information Systems Support at the Justice Department’s Executive Office for US Attorneys, writes a memo turning over the PROMIS application to a colleague, C. Madison Brewer. The application is for passage to the government of Israel, a transfer already discussed by Brewer and Rugh (see May 6, 1983). Rugh writes: “Enclosed are the PROMIS materials that you asked me to produce for Dr. Ben Orr of the government of Israel. These materials consist of the LEM DEC PDP 11/70 version of PROMIS on magnetic tape along with the printed specifications for that tape, as well as two printed volumes of PROMIS documentation for the LEAA version of the system.” [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Office of Management Information Systems Support, Jack Rugh, C. Madison “Brick” Brewer, Benjamin Orr, Executive Office for US Attorneys (DOJ)

Timeline Tags: Inslaw and PROMIS

Inslaw implements its enhanced PROMIS software at 20 US attorneys’ offices. The implementation is performed pursuant to a contract signed by the company and the Justice Department in 1982 (March 1982). [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., US Department of Justice

Timeline Tags: Inslaw and PROMIS

Deputy Attorney General Lowell Jensen and other members of the Justice Department’s PROMIS Oversight Committee approve the termination of part of a contract with Inslaw, Inc., for the installation of PROMIS software (see March 1982). The termination, pushed through despite a report that there was progress with Inslaw’s attorney on the resolution of contract problems, only concerns the part of the contract for the installation of PROMIS on word processing hardware in 74 small US attorneys’ offices. Inslaw will still be contracted to install the application in 20 other US attorneys’ offices. The termination is to be for default, as Inslaw has allegedly failed to perform this portion of the contract, although a different reason will later be given (see February 1984). [US Congress, 9/10/1992]

Entity Tags: Lowell Jensen, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Justice Department procurement counsel William Snider issues a legal opinion stating that the department lacks legal justification to terminate part of a contract on the installation of PROMIS software for default. The department’s PROMIS Oversight Committee had decided on this course of action in December (see December 29, 1983), as it said that Inslaw, the company installing PROMIS, was not performing the contract properly. However, the committee decides to terminate the portion of the contract anyway, but for convenience—meaning Inslaw may receive some compensation—not default. PROMIS project manager C. Madison Brewer then notifies INSLAW owner William Hamilton that Deputy Attorney General Lowell Jensen has decided on partial termination. [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Lowell Jensen, William Hamilton, C. Madison “Brick” Brewer, William Snider

Timeline Tags: Inslaw and PROMIS

Inslaw representatives Elliot Richardson and Donald Santarelli, a former administrator of the Law Enforcement Assistance Administration, meet with acting Deputy Attorney General Lowell Jensen to discuss a resolution of the Inslaw affair concerning the Justice Department’s alleged misappropriation of enhanced PROMIS software. Richardson and Santarelli ask for rapid talks to resolve disputes that have caused the department to withhold money from Inslaw and the company to go bankrupt, that the department consider a new proposal for work by Inslaw, and that Jensen appoint somebody to investigate Inslaw’s claims that some department officials, in particular C. Madison Brewer (see 1976 and April 1982), are biased against it. The business proposal is that Inslaw implement PROMIS in smaller US attorneys’ offices. This was originally covered by a contract between Inslaw and the department (see March 1982), but this part of the contract was terminated in 1984 (see December 29, 1983 and February 1984). [US Congress, 9/10/1992] The department rejects the proposal for additional work, but it is unclear whether the allegations against Brewer and others are investigated (see After March 13, 1985).

Entity Tags: Elliot Richardson, Donald Santarelli, Inslaw, Inc., Lowell Jensen, US Department of Justice

Timeline Tags: Inslaw and PROMIS

The Justice Department starts an internal review of the Inslaw affair, but the content of the review will be disputed. The review follows a meeting at which Inslaw representatives made three requests (see March 13, 1985): that the department negotiate on a resolution of the disputes between it and Inslaw; that it consider a new proposal made by Inslaw for additional work; and that it investigate allegations of misconduct against departmental personnel. The review is ordered by Deputy Attorney General Lowell Jensen and performed by Deputy Associate Attorney General Jay Stephens.
Jensen's Version - According to Jensen, the review is to look at the bias allegations. He will say he recalls discussing the results of Stephens’ review, adding that, based on Stephens’ assessment of the allegations, no review by the Office of Professional Responsibility is merited.
Stephens' Version - However, Stephens will tell the House Judiciary Committee under oath that he does not undertake a review of the misconduct allegations, but only looks at Inslaw’s business proposal. The committee will point out that this is in “direct contradiction” of Jensen’s version. While examining the proposal, Stephens receives several telephone calls from Inslaw attorneys Charles Work and Elliot Richardson. He feels they are lobbying the department very hard because they believe Inslaw has what the committee will call “some special relationship” with the department. According to a report by the committee, Work and Richardson attempt to convey that, “based on a longstanding relationship between the department and Inslaw, the department should look favorably on Inslaw’s new business proposal.”
Outcome of Review - However, Stephens reports to Jensen that the need for Inslaw’s business proposal is questionable and the department thinks the work can be done in-house. Jensen then writes to Richardson, saying that the department does not have an immediate need for the work, and will not act on the proposal.
Comment by House Committee - The committee will comment, “Because the department did not adequately investigate Inslaw’s allegations, the company was forced into expensive, time-consuming litigation as the only means by which the department’s misappropriation of Inslaw’s enhanced PROMIS could be exposed.” [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Inslaw, Inc., Elliot Richardson, Charles Work, Jay B. Stephens, Lowell Jensen

Timeline Tags: Inslaw and PROMIS

The Justice Department makes enhanced PROMIS software available at multiple locations, outside the framework of its contract with Inslaw on the application’s installation and over protests by the company. The software is first installed at 25 US attorneys’ offices in addition to 20 still covered by a contract between Inslaw and the department (see Between August 29, 1983 and February 18, 1985). According to Inslaw’s counsel Elliot Richardson, an enhanced version of the software is then illegally copied to support an additional two sites. Finally, 31 additional sites are brought on line via telecommunications. These additional, smaller US attorneys’ offices had initially been covered by the contract with Inslaw, but this portion of the contract was terminated in 1984 (see February 1984). Inslaw will repeatedly protest about this installation (see March 14, 1986), and a bankruptcy court will find it is in violation of the law (see September 28, 1987), although this ruling will be overturned (see May 7, 1991). [US Congress, 9/10/1992]

Entity Tags: Elliot Richardson, US Department of Justice, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

Inslaw complains about additional installations of enhanced PROMIS software by the Justice Department. Inslaw and the department had a contract for the company to install the software in 20 large US attorneys’ offices and then dozens of smaller ones (see March 1982), but the portion of the contract for the smaller offices was terminated (see February 1984), and the department is installing an enhanced version of the software Inslaw says it owns in these smaller offices (see Between June 24, 1985 and September 2, 1987). The complaint is made in a letter by Inslaw president William Hamilton to H. Lawrence Wallace, the assistant attorney general for administration. “I am extremely disturbed and disappointed to learn that the Executive Office for US Attorneys has begun to manufacture copies of the PROMIS software for customization and installation in additional US attorneys offices, specifically those in St. Louis, Missouri, and Sacramento, California,” Hamilton writes. “This action occurs at the very time that the Department of Justice and Inslaw are attempting to resolve, by negotiation, Inslaw’s claim that the US attorneys version of PROMIS contains millions of dollars of privately-financed enhancements that are proprietary products of Inslaw and for which Inslaw has, to date, received no compensation.” [US Congress, 9/10/1992]

Entity Tags: H. Lawrence Wallace, Inslaw, Inc., US Department of Justice, William Hamilton

Timeline Tags: Inslaw and PROMIS

A lawyer acting for Inslaw warns the Justice Department that the department’s use of the enhanced version of PROMIS software contravenes bankruptcy legislation. Inslaw, in Chapter 11 bankruptcy due to a dispute between itself and the department (see February 1985), writes to the department’s contracting officer saying that the software’s use without Inslaw’s consent and the payment of licensing fees would contravene Inslaw’s property rights and its rights as a debtor in possession of the software under the bankruptcy code. In addition, Inslaw argues it is “a wrongful exercise of control over property of the debtor’s estate in violation of the automatic stay now in effect.” The automatic stay is a legal mechanism that prevents creditors—such as the Justice Department—harassing a debtor—such as Inslaw—in bankruptcy. Inslaw also says that the department’s dissemination of the software to third parties could damage or destroy the product’s commercial value, possibly wrecking the company. [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., US Department of Justice

Timeline Tags: Inslaw and PROMIS

Inslaw files a complaint for a declaratory judgment, the enforcement of automatic stay bankruptcy protection provisions, and damages against the Justice Department in the dispute over the department’s alleged theft of enhanced PROMIS software. The automatic stay is one of the fundamental debtor protections provided by bankruptcy laws. It stops all collection efforts, harassments, and foreclosure actions, giving the debtor temporary relief from creditors. It is important because it allows a bankruptcy court to centralize all disputes concerning property of the debtor’s estate so that reorganization can proceed orderly and efficiently. [US Congress, 9/10/1992] Inslaw’s attorney for the case, Leigh Ratiner of the Washington firm Dickstein, Shapiro & Morin, chooses the bankruptcy court for the filing based on the premise that the Justice Department, as the creditor, has control of enhanced PROMIS. He will later say: “It was forbidden by the Bankruptcy Act for the creditor to exercise control over the debtor property. And that theory—that the Justice Department was exercising control—was the basis that the bankruptcy court had jurisdiction. As far as I know, this was the first time this theory had been used. This was ground-breaking.” [Wired News, 3/1993] Inslaw claims that Justice Department manager C. Madison Brewer, who was responsible for implementing PROMIS in the department, was instrumental in propelling Inslaw into bankruptcy (see April 1982, April 14, 1982, and April 19, 1982), and that he then hindered Inslaw in its development of a reorganization plan. Inslaw also alleges that its concerns were made known to the highest levels of Justice Department’s management, without any response. [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Leigh Ratiner, C. Madison “Brick” Brewer, Inslaw, Inc., Bankruptcy Court for the District of Columbia

Timeline Tags: Inslaw and PROMIS

The Office of Professional Responsibility (OPR), a Justice Department oversight component, receives a letter from Laurie A. Westly, chief counsel to Senator Paul Simon (D-IL), asking for its view of allegations made by the software company Inslaw against the Justice Department. The letter mentions claims of misconduct by department official Lowell Jensen. Westly also refers to litigation recently initiated by Inslaw (see June 9, 1986), specifically the claim that Jensen contributed to the bankruptcy of Inslaw and had a negative bias toward its software. She also asks whether Jensen has breached any ethical or legal responsibility as a department employee. [US Congress, 9/10/1992] It is unclear what action the OPR takes in response to this matter. However, it conducts a preliminary investigation into whether Jensen was biased against Inslaw this year, and this may be in response to this letter (see 1986). It will also begin a fuller investigation the next year (see October 14, 1987).

Entity Tags: Lowell Jensen, Laurie A. Westly, Office of Professional Responsibility, Paul Martin Simon, Inslaw, Inc., US Department of Justice

Timeline Tags: Inslaw and PROMIS

The Office of Professional Responsibility (OPR), an oversight unit at the Justice Department, conducts an initial review of bias allegations against departmental officials in the Inslaw affair. The exact timing of the review is uncertain, although it may come after a query about the case from Senator Paul Simon in June (see June 16, 1986). The review finds that there is no misconduct by Justice Department manager Lowell Jensen. According to statements made by acting OPR counsel Robert Lyon and assistant counsel David Bobzein to the House Judiciary Committee in 1990, the OPR does not perform a full review at this time because the allegations of bias are not an issue OPR would normally review. Therefore, it plans to rely on the findings of a bankruptcy court hearing the Inslaw case (see June 9, 1986). However, after the bankruptcy court finds in favour of Inslaw (see September 28, 1987), partly because it thinks the bias allegations are well founded, OPR begins a full investigation (see October 14, 1987) and concludes there was no bias (see March 31, 1989). [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Office of Professional Responsibility, David Bobzein, Inslaw, Inc., Lowell Jensen, Robert Lyon

Timeline Tags: Inslaw and PROMIS

Deputy Attorney General Arnold Burns is told that the Justice Department has waived its rights to enhanced PROMIS software (see August 11, 1982). Following a letter asking about the Inslaw case from Senator Charles Mathias (see July 9, 1986), Burns asks subordinates about the litigation with Inslaw and is told the company wants the department to pay royalties. Burns then suggests that the issue should be turned around and that a claim against Inslaw should be made for it to pay royalties to the government, which funded the development of the first version of PROMIS (see Mid-1970s). However, further research comes up with a result shocking to Burns, who will say in 1988, “The answer that I got, which I wasn’t terribly happy with but which I accepted, was that there had been a series of old correspondence and back and forthing [sic] and stuff, that in all of that, our lawyers were satisfied that Inslaw could sustain the claim in court, that we had waived those rights, not that I was wrong that we didn’t have them but that somebody in the Department of Justice, in a letter or letters, as I say in this back and forthing [sic], had, in effect, waived those rights.” The House Judiciary Committee will later comment, “Considering that the deputy attorney general was aware of Inslaw’s proprietary rights, the department’s pursuit of litigation can only be understood as a war of attrition between the department’s massive, tax-supported resources and Inslaw’s desperate financial condition, with shrinking (courtesy of the department) income.” The committee will add, “In light of Mr. Burns’ revelation, it is important to note that committee investigators found no surviving documentation (from that time frame) which reveal the department’s awareness of the relative legal positions of the department and Inslaw, on Inslaw’s claims to proprietary enhancements referred to by Mr. Burns.” [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., House Judiciary Committee, Arnold Burns, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Former Assistant Secretary of State Elliott Abrams, in testimony before the Iran-Contra committee, admits he previously lied under oath when he denied the existence of third-party funding of the Nicaraguan Contras. In fact, Abrams himself had facilitated the funding of the Contras by the Sultan of Brunei (see June 11, 1986). Abrams will eventually plead guilty to lying to Congress, but will never see the inside of a jail cell, as President George H. W. Bush will pardon him (see December 25, 1992). During questioning, Republican committee member Dick Cheney (R-WY) praises Abrams’s service, saying, “I do personally believe you have an extremely bright future in the public arena in the United States.” When Cheney becomes vice president in the Bush-Cheney White House, he will name Abrams as deputy national security adviser (see June 2001). [Dubose and Bernstein, 2006, pp. 74-75]

Entity Tags: Elliott Abrams, Bush administration (41), Contras, Joint House-Senate Iran-Contra Committee, Richard (“Dick”) Cheney, George Herbert Walker Bush

Timeline Tags: Iran-Contra Affair

Richard Willard, assistant attorney general of the civil division, writes a memo to Deputy Attorney General Arnold Burns about the Inslaw affair. According to Willard, George Bason, the bankruptcy court judge dealing with the Justice Department’s alleged theft of enhanced PROMIS software, should be taken off the case. Willard writes that Bason’s conduct is “so extraordinary that it warranted reassignment to another judge.” The House Judiciary Committee will comment that department officials are “concerned” about Bason’s handling of the case “very early in the litigation,” and that they think Bason tends to believe statements made by Inslaw. The committee will add: “The department believed that Judge Bason disregarded the sworn statements of department witnesses. The department also believed that Judge Bason made lengthy observations regarding the credibility of its witnesses and that Judge Bason’s uniformly negative conclusions were based on inferences not supported by the record.” Therefore, by the summer of 1987, the department is “actively seeking ways to remove Judge Bason from the case.” Bason will rule in favor of Inslaw in the autumn (see September 28, 1987). [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Richard Willard, George Bason, Civil Division, Arnold Burns, House Judiciary Committee

Timeline Tags: Inslaw and PROMIS

Justice Department staff tell Attorney General Edwin Meese that Judge George Bason of the Bankruptcy Court for the District of Columbia is “off his rocker,” according to a sworn statement Meese will later make to the House Judiciary Committee. Bason is presiding over a dispute between the department and the software company Inslaw (see June 9, 1986) and will eventually rule against the department (see September 28, 1987). This comment appears to be part of a campaign to get Bason removed from the case (see June 19, 1987) and a judge more favorable to the department appointed. [US Congress, 9/10/1992]

Entity Tags: Edwin Meese, US Department of Justice, George Bason

Timeline Tags: Inslaw and PROMIS

Deputy Attorney General Arnold Burns asks his subordinates at the Justice Department’s civil division to “consider initiatives for achieving a more favorable disposition of this matter [a legal dispute between the department and Inslaw over PROMIS software].” This is apparently a reference to the possible removal of Judge George Bason from the case, as the department thinks he is biased against it (see June 19, 1987). In response to the comments, the department will draft a report about removing Bason (see After July 7, 1987). [US Congress, 9/10/1992]

Entity Tags: Civil Division, Bankruptcy Court for the District of Columbia, George Bason, Arnold Burns, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Following a request from the Justice Department’s leadership (see July 7, 1987), Michael Hertz, the director of the civil division’s commercial litigation branch at the department, writes a memo entitled “Feasibility of Motion to Disqualify the Judge in Inslaw.” The department has come to believe that the judge, George Bason, is biased against it (see June 19, 1987) and hopes to challenge his findings of fact by saying they are unsupported by evidence and reflect a desire to reach a preordained conclusion. This position is mostly based on the department’s observations that some of Bason’s findings of fact are “rambling and based on deductions that are both strained and have flimsy support.” However, Hertz writes to Deputy Assistant Attorney General Stuart Schiffer that the facts simply do not support a case of bias strong enough to disqualify Bason from the remainder of the Inslaw case. Hertz adds that he is “fairly confident” that any motion to dismiss Bason would not succeed and the denial of any such motion could not be successfully challenged on appeal. He gives the following reasons:
bullet The department has no evidence that what it views as “Bason’s incredible factual conclusions or alleged bias” actually stem from an extrajudicial source, as the case law requires;
bullet Adverse factual findings and inferences against the government are not enough to support a claim of bias; and
bullet Adverse credibility rulings about some of the government’s witnesses in a prior phase of the proceedings are not on their own sufficient to disqualify Bason from the rest of the proceedings.
Hertz says that attempting to demonstrate bias by Bason could adversely affect any future appeal by the department on the findings of fact. He also advises Schiffer that as much as the department may disagree with Bason’s findings: “[T]hey are not mere conclusory statements. Instead they reflect a relatively detailed judicial analysis of the evidence, including reasons for believing certain witnesses and disbelieving others, as well as consideration of what inferences might or might not be drawn from the evidence.” [US Congress, 9/10/1992] Despite this, the department will twice attempt to get Bason recused, failing both times (see January 19, 1988 and January 25, 1988).

Entity Tags: Michael Hertz, Civil Division, Bankruptcy Court for the District of Columbia, Stuart Schiffer, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Assistant Attorney General Richard Willard reports to Deputy Attorney General Arnold Burns about the Inslaw case. Willard says that the Justice Department has developed a good trial record, but: “[T]here is virtually no reason for optimism about the judge’s ruling. Even though our witnesses performed admirably and we believe we clearly have the better case, Judge Bason made it apparent in a number of ways that he is not favorably disposed to our position.” The department has been trying to have Bason removed from the case for some time (see June 19, 1987) and he will soon rule in favor of Inslaw (see September 28, 1987). [US Congress, 9/10/1992]

Entity Tags: George Bason, Bankruptcy Court for the District of Columbia, Richard Willard, Arnold Burns, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Judge George Bason of the Bankruptcy Court for the District of Columbia issues an oral finding that the Justice Department “took, converted, and stole” the enhanced version of Inslaw’s PROMIS software by “trickery, fraud, and deceit.” The ruling is issued at the end of a trial that lasts over two weeks and involves sworn statements from over 40 witnesses and thousands of pages of documentary evidence. Bason finds that a key departmental official, project manager C. Madison Brewer, was biased against Inslaw (see April 1982, April 14, 1982, and April 19, 1982). In addition, Brewer’s boss Lowell Jensen (see December 29, 1983 and February 1984) is said to have “a previously developed negative attitude about PROMIS and Inslaw,” because he had been associated with the development of a rival case management system while he was a district attorney in California, and this affected his judgment throughout his oversight of the contract. Further, the department violated bankruptcy protection legislation that applied to Inslaw by using and exercising control over Inslaw’s property—the enhanced PROMIS software—without negotiating a license fee. This oral finding is confirmed in a written opinion issued on January 25, 1988. In the written finding, Bason adds, “[T]his court finds and concludes that the department never intended to meet its commitment and that once the department had received enhanced PROMIS pursuant to Modification 12 (see April 11, 1983), the department thereafter refused to bargain in good faith with Inslaw and instead engaged in an outrageous, deceitful, fraudulent game of ‘cat and mouse,’ demonstrating contempt for both the law and any principle of fair dealing.” [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Lowell Jensen, George Bason, C. Madison “Brick” Brewer, Bankruptcy Court for the District of Columbia, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

The Office of Professional Responsibility (OPR), an oversight component at the Justice Department, begins an investigation into allegations made by the software company Inslaw against some Justice Department staff. The OPR had conducted a preliminary investigation the previous year (see 1986), concluding the officials were not biased against the company. However, after a bankruptcy court finds serious wrongdoing by departmental officials (see September 28, 1987), Deputy Attorney General Arnold Burns asks for “a complete and thorough investigation into the allegation of bias and misconduct by various Justice Department officials against Inslaw.” The full investigation will again conclude that the officials were not biased against Inslaw (see March 31, 1989). [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Arnold Burns, Office of Professional Responsibility, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

Stuart Schiffer, deputy assistant attorney general for the Justice Department’s civil division, writes to Richard Willard, the assistant attorney general for the civil division, about the Inslaw case. Schiffer writes: “[Judge George] Bason has scheduled the next [Inslaw] trial for February 2 [1988]. Coincidentally, it has been my understanding that February 1 [1988] is the date on which he [Bason] will either be reappointed or replaced.” Bason had ruled in favor of Inslaw (see September 28, 1987) and the department had been trying to have him removed from the case for months (see June 19, 1987). After Bason’s bid for reappointment fails (see December 15, 1987), he will say that the department used its influence against him (see December 5, 1990). [US Congress, 9/10/1992]

Entity Tags: George Bason, Civil Division, Richard Willard, Stuart Schiffer, US Department of Justice, Bankruptcy Court for the District of Columbia

Timeline Tags: Inslaw and PROMIS

An official written report is drafted for the panel considering the appointment of a judge to the Bankruptcy Court to the District of Columbia. The two-page report briefly assesses the final four candidates, including the incumbent George Bason, who is, however, at loggerheads with the Justice Department over his handling of the Inslaw case (see June 19, 1987 and September 28, 1987). However, another—longer but unofficial—report will be drafted two weeks later and will be critical of Bason (see December 8, 1987). [US Congress, 9/10/1992]

Entity Tags: Bankruptcy Court for the District of Columbia, George Bason

Timeline Tags: Inslaw and PROMIS

An apparently unofficial, confidential memo marked “read and destroy” is drafted about the four final candidates for the position of judge at the Bankruptcy Court for the District of Columbia. The memo is clearly critical of the incumbent, George Bason, who is up for reappointment. Bason recently displeased the Justice Department by ruling against it in the Inslaw affair over the alleged theft of enhanced PROMIS software (see September 28, 1987). The memo states that “its purpose is to ‘help’ elucidate in particular our reasoning in ranking the candidates as we did,” and describes each of the four. The House Judiciary Committee will comment: “What is striking about the memorandum is that the description of each candidate except Judge Bason begins with positive commentary about the individual. The section describing Judge Bason begins, ‘I could not conclude that Judge Bason was incompetent.’ Other phrases used to describe Judge Bason include ‘he is inclined to make mountains out of molehills,’ ‘Judge Bason seems to have developed a pronounced and unrelenting reputation for favoring debtors,’ and finally, ‘Judge Bason evidenced no inclination to come to grips personally with the management challenge posed by the terrible shortcomings of the Office of the Clerk of our Bankruptcy Court.’” The memo is addressed to Judge Norma Johnson, who Bason will allege may have been an instrument of a campaign waged against him by the Justice Department (see May 1988). The panel appointing the bankruptcy court judge will meet a week later and decide not to give the position to Bason, but to a Justice Department lawyer who represented the government in the Inslaw case (see December 15, 1987). After Bason asks appeals court judges to reconsider his non-reappointment (see January 12, 1988), the memo will be circulated to them. The memo is unsigned, but an appeals court judge who later provides the memo to the House Judiciary Committee investigating the Inslaw affair will say another judge on the appointment panel drafted it. However, this judge will deny having done so. When, some years later, several members of the panel are asked by the committee whether they saw this memo, they will say they do not recognize it. [US Congress, 9/10/1992]

Entity Tags: Norma Johnson, George Bason, Bankruptcy Court for the District of Columbia, House Judiciary Committee

Timeline Tags: Inslaw and PROMIS

George Bason, a bankruptcy judge who recently found in favor of Inslaw in a dispute over the Justice Department’s alleged theft of enhanced PROMIS software (see September 28, 1987), is not reappointed to the bench. Bason had been appointed in February 1984 instead of another judge who had resigned mid-term, but a decision is now taken to replace him with a Justice Department attorney named Martin Teel, who had appeared before him in the Inslaw case. Although the official report for the appointments panel about the candidates did not criticize Bason (see November 24, 1987), a subsequent unofficial report addressed to Norma Johnson, the head of the panel, did (see December 8, 1987). The unofficial report claimed that there were shortcomings in Bason’s administration of the clerk’s office, although the office appears to be running smoothly by this time (see Second Half of 1987). Several judges on the selection council will later say they did not know much about the candidates, and therefore relied on Johnson and her interpretation of reports prepared about them. The House Judiciary Committee will find that Johnson’s oral presentation “played a large role in the selection,” that Johnson ran the panel “firmly,” and that the other members “relied on her judgment.” Overall, it will call the selection process “largely informal, undocumented, and highly subjective.” Bason learns he will not be reappointed from Chief Judge Patricia Wald, of the US Court of Appeals, on December 28. Bason will later say that Teel was not qualified for the position (see January 12, 1988) and that the department had influenced the selection process in order to have him removed from the bench (see December 5, 1990). In this context, Bason will point out to the House committee that Johnson had previously worked with a departmental official named Stuart Schiffer, so he could have influenced her against Bason (see May 1988). Bason will also note that Johnson worked with Judge Tim Murphy for 10 years from 1970, and that Murphy had later worked as the assistant director on the implementation of PROMIS at the Justice Department. [US Congress, 9/10/1992]

Entity Tags: Tim Murphy, Stuart Schiffer, Norma Johnson, Martin Teel, Jr., George Bason, Bankruptcy Court for the District of Columbia, House Judiciary Committee

Timeline Tags: Inslaw and PROMIS

George Bason, a bankruptcy judge who ruled in favor of Inslaw in a dispute with the Justice Department over the alleged theft of PROMIS software (see September 28, 1987) and was subsequently not reappointed to the bench (see December 15, 1987), requests a hearing on his non-reappointment before the Judicial Council of the District of Columbia. Bason criticizes the other candidate, Justice Department official Martin Teel, who was given the position, saying he has “a considerably shorter total period of legal experience,” as he has mostly worked on taxation matters, not bankruptcy, and for the last few years has worked as a reviewer and then manager, without doing his own independent work. Teel will dispute this characterization in a letter to the House Judiciary Committee, saying he was qualified and, when appointed, had “six years of fairly extensive bankruptcy experience.” The request for a hearing will not change the decision to not reappoint Bason. [US Congress, 9/10/1992]

Entity Tags: Bankruptcy Court for the District of Columbia, George Bason, Judicial Council of the District of Columbia, Martin Teel, Jr.

Timeline Tags: Inslaw and PROMIS

The Justice Department files a motion that bankruptcy court judge George Bason recuse himself from further participation in a case over the bankruptcy of Inslaw and the department’s alleged theft of the enhanced PROMIS application, saying that he is biased against the department. Bason had ruled in favor of Inslaw (see September 28, 1987) and the department has been trying to have him removed from the case for months (see June 19, 1987). The motion is filed despite a report from Michael Hertz, the director of the civil division’s commercial litigation branch at the department, saying that such a move would not succeed (see After July 7, 1987). The bankruptcy court denies the motion three days later. [US Congress, 9/10/1992] The department will make a similar request later in the month (see January 25, 1988).

Entity Tags: Bankruptcy Court for the District of Columbia, George Bason, US Department of Justice

Timeline Tags: Inslaw and PROMIS

The Justice Department again tries to get Judge George Bason removed from the Inslaw case over the company’s bankruptcy and the department’s alleged theft of an enhanced version of the PROMIS software. Bason had ruled in favor of Inslaw (see September 28, 1987) and the department has been trying to have him removed from the case for months (see June 19, 1987). Following the failure of a recusal motion to Bason (see January 19, 1988), the department argues a motion before Chief Judge of the District Court for Columbia Aubrey Robinson for a writ of mandamus directing Judge Bason to recuse himself over allegations of bias. Robinson denies the department’s writ, ruling: “I can’t see anything in this record that measures up to the standards that would be applicable to force another judge to take over this case. There isn’t any doubt in my mind, for example, that the declaration filed by the Justice Department in support of the original motion is inadequate.” When the department appeals Bason’s ruling (see Between February 2, 1988 and November 22, 1989), it will again raise the issue of recusal, but District Court Judge William Bryant will say, “This court like the courts before it can find no basis in fact to support a motion for recusal.” [US Congress, 9/10/1992]

Entity Tags: George Bason, Bankruptcy Court for the District of Columbia, US Department of Justice, US District Court for the District of Columbia, William Bryant, Aubrey Robinson

Timeline Tags: Inslaw and PROMIS

The software company Inslaw submits allegations about the Justice Department’s conduct in the dispute over the enhanced PROMIS application to the Public Integrity Section (PIS), a departmental oversight component. The allegations follow on from the findings of a bankruptcy court favourable to Inslaw (see September 28, 1987 and January 25, 1988). In the complaint, Inslaw charges the department with:
bullet Procurement fraud. Inslaw claims that Attorney General Edwin Meese and former Deputy Attorney General Lowell Jensen schemed to ensure that enhancements made to the PROMIS software by Inslaw would be obtained for free by the department, which would then make them available to a businessman named Earl Brian;
bullet Violation of automatic stay debtor protection provisions invoked by the bankruptcy court. Inslaw says that by using the enhancements it made to the software after the bankruptcy case was filed, the department violated federal bankruptcy law. The bankruptcy court found that the department committed such violation, an act that could constitute an obstruction of the bankruptcy proceedings; and
bullet Attempts to change Inslaw’s Chapter 11 bankruptcy, for the company’s reorganization, into a Chapter 7 bankruptcy, for the company’s liquidation. Inslaw says that the department unsuccessfully attempted to have an official named Harry Jones detailed from the US Trustee’s office in New York to Washington to take over the Inslaw bankruptcy to get Inslaw liquidated. Inslaw also says unsuccessful pressure was exerted by departmental official Thomas Stanton on US Trustee William White to convert the bankruptcy case into a Chapter 7 liquidation.
The PIS says it will examine some of the allegations, but in the end it will not open a formal preliminary investigation (see February 29, 1988). [US Congress, 9/10/1992]

Entity Tags: William White, Inslaw, Inc., Harry Jones, Edwin Meese, Lowell Jensen, US Department of Justice, Public Integrity Section, Thomas Stanton

Timeline Tags: Inslaw and PROMIS

The Bankruptcy Court for the District of Columbia awards $8 million in damages to Inslaw in the dispute over the Justice Department’s use of the enhanced PROMIS software. The decision follows on from a ruling by the court that the department had violated Inslaw’s automatic stay bankruptcy protection rights by using and copying an enhanced version of Inslaw’s PROMIS software (see September 28, 1987). The award consists of $6.8 million in actual and punitive damages, as well as $1.2 million in attorneys’ fees. [US Congress, 9/10/1992]

Entity Tags: Bankruptcy Court for the District of Columbia, US Department of Justice, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

The Justice Department appeals an adverse ruling by the Bankruptcy Court for the District of Columbia in its dispute with Inslaw (see September 28, 1987). The main grounds of the appeal include the following claims:
bullet The bankruptcy court judge appeared to be biased and should have recused himself. In addition, he used the bankruptcy proceedings to find culpability by the government;
bullet Inslaw did not prove that automatic stay protection provisions had been violated;
bullet The bankruptcy court lacked jurisdiction over Inslaw’s claim because the department had not waived its immunity from monetary judgements against the United States;
bullet The dispute is really a contract dispute, not a bankruptcy argument, and should therefore have been heard by the Department of Transportation Board of Contract Appeals;
bullet The court exceeded its authority in the field of damages, and no attorney fees should have been awarded.
The appeal court will find for Inslaw (see November 22, 1989), although its ruling will later be overturned (see May 7, 1991). [US Congress, 9/10/1992]

Entity Tags: US District Court for the District of Columbia, Inslaw, Inc., US Department of Justice

Timeline Tags: Inslaw and PROMIS

The Public Integrity Section (PIS), a Justice Department oversight component, decides not to open a preliminary investigation of the Inslaw affair over the department’s alleged misappropriation of PROMIS software (see February 1988). The decision is communicated in a memo drafted by William F. Weld, the assistant attorney general for the department’s criminal division, of which the PIS is a part. The PIS finds that at least some of the people Inslaw complains about, including Attorney General Edwin Meese, former Deputy Attorney General Lowell Jensen, and Deputy Attorney General Arnold Burns, are appropriate targets of an investigation and that Inslaw is generally a credible source for allegations. However, according to Weld, the information Inslaw provides is not specific enough to constitute grounds to begin a preliminary investigation of the need for an independent counsel. This is because the PIS regards the facts Inslaw presented as unsupported speculation that the officials were involved in a scheme to get the enhanced PROMIS software. Therefore, the review should be closed “due to lack of evidence of criminality.” The House Judiciary Committee will be critical of the PIS’s finding, calling its investigation “shallow and incomplete,” and saying the department appeared to be “more interested in constructing legal defenses for its managerial actions rather than investigating claims of wrongdoing which, if proved, could undermine or weaken its litigating posture.” [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, House Judiciary Committee, William F. Weld, Inslaw, Inc., Lowell Jensen, Public Integrity Section, Arnold Burns, Edwin Meese, Criminal Division (DoJ)

Timeline Tags: Inslaw and PROMIS

A news reporter tells George Bason, a bankruptcy judge who found in favor of Inslaw in a dispute over the alleged theft of enhanced PROMIS software (see September 28, 1987), that his failure to be reappointed to the bench was because of pressure from the Justice Department. According to the House Judiciary Committee, Bason says that the reporter has “excellent contacts and sources in the department.” Bason will say the reporter suggests his removal from the bench could have been procured as follows: “The district judge chairperson of the Merit Selection Panel [Judge Norma Johnson, who was crucial to his non-reappointment (see December 15, 1987)] could have been approached privately and informally by one of her old and trusted friends from her days in the Justice Department. He could have told her that I was mentally unbalanced, as evidenced by my unusually forceful ‘anti-government’ opinions. Her persuasive powers coupled with the fact that other members of the panel or their law firms might appear before her as litigating attorneys could cause them to vote with her.” The reporter also tells Bason that a high-level department official has boasted to him that Bason’s removal was because of his rulings on the Inslaw affair. [US Congress, 9/10/1992]

Entity Tags: Bankruptcy Court for the District of Columbia, Norma Johnson, George Bason

Timeline Tags: Inslaw and PROMIS

The Office of Professional Responsibility (OPR), an oversight unit at the Justice Department, issues a report on the Inslaw affair over the department’s alleged theft of enhanced PROMIS software. The report finds that allegations of bias made by Inslaw and seconded by a bankruptcy court (see September 28, 1987) against departmental officials are unsupported. Inslaw had questioned the performance of former Attorney General Edwin Meese, former Deputy Attorney General Lowell Jensen, former Deputy Attorney General Arnold Burns, and others. The OPR says that the court’s findings on misconduct by department officials are “clearly erroneous.” In addition, the report says: “There is no credible evidence that the department took or stole Inslaw’s enhanced PROMIS by trickery, fraud, and deceit. Additionally, we have found no credible evidence that there existed in the department a plot to move to convert Inslaw’s Chapter 11 bankruptcy to one under Chapter 7 of the bankruptcy code.” The House Judiciary Committee will be extremely critical of this investigation, commenting, “During its investigation OPR chose to ignore the court’s findings and conclusions that there was bias against Inslaw at the department.” In addition, the committee will say that the OPR looked at the bias allegations in isolation and “incredibly” did not examine the merits of the contract dispute, meaning its conclusions on the taking of PROMIS and the type of bankruptcy were “gratuitous,” especially as Burns had told it the department agreed Inslaw owned the enhancements it made to PROMIS (see August 11, 1982). The committee will also point out that the OPR’s deputy counsel, Richard M. Rogers, said he was recused from the investigation because of his association with Burns, although he was present when Meese provided a sworn statement. In this context, the committee will highlight problems found by the Government Accountability Office with OPR around this time (see February 7, 1992). [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Office of Professional Responsibility, Richard M. Rogers, Inslaw, Inc., Arnold Burns, Edwin Meese, Lowell Jensen, House Judiciary Committee

Timeline Tags: Inslaw and PROMIS

The US District Court for the District of Columbia upholds a bankruptcy court ruling in favor of Inslaw. The ruling concerned the dispute over the PROMIS software between Inslaw and the Justice Department, which was found to have violated bankruptcy protection provisions (see September 28, 1987 and February 2, 1988), but had appealed (see Between February 2, 1988 and November 22, 1989). Judge William Bryant finds that the department knew an enhanced version of PROMIS was Inslaw’s central asset, that ownership of the software was critical to the company’s reorganization in Chapter 11 bankruptcy, and that the department’s unilateral claim of ownership and its installation of the enhanced version in offices around the United States violated automatic stay bankruptcy provisions in multiple ways. In addition, Bryant agrees with the bankruptcy court’s conclusion that the department never had any rights to the enhanced version and that “the government acted willfully and fraudulently to obtain property that it was not entitled to under the contract.” In addition, when Inslaw suggested mechanisms to determine whether the private enhancements had been made, the government rejected them, and “when asked to provide an alternative methodology that would be acceptable, the government declined.” The department could have used established procedures to get relief from the automatic stay provisions, but simply chose not to do so. Bryant, who also finds that the department tried to convert Inslaw’s bankruptcy to Chapter 7 liquidation, adds, “What is strikingly apparent from the testimony and depositions of key witnesses and many documents is that Inslaw performed its contract in a hostile environment that extended from the higher echelons of the Justice Department to the officials who had the day-to-day responsibility for supervising its work.” Finally, Bryant finds that, as the case was grounded in bankruptcy law, the bankruptcy court was an appropriate forum to hear the dispute and it did not have to be submitted to the Department of Transportation Board of Contract Appeals, an arena for contract disputes. Although most of the damages awarded are upheld, as Bryant finds the bankruptcy court assessed damages based on the evidence it obtained, he reduces compensatory damages by $655,200.88. [US Congress, 9/10/1992]

Entity Tags: William Bryant, US Department of Justice, Inslaw, Inc., US District Court for the District of Columbia

Timeline Tags: Inslaw and PROMIS

Ahmed Chalabi, an Iraqi exile fleeing charges of embezzlement from his former bank in Jordan (see August 2, 1989 and April 9, 1992), continues forging ties with American neoconservatives (see January 30, 2001 and 1985). Chalabi forms a friendship with neoconservative academic Bernard Lewis, who asks his colleagues inside the Bush administration, including Pentagon aide Zalmay Khalilzad, to help boost Chalabi’s profile inside the administration. Chalabi also meets neoconservative General Wayne Downing while Downing is in command of the Joint Special Operations Command (JSOC) at Fort Bragg, North Carolina. [Middle East Policy Council, 6/2004]

Entity Tags: Ahmed Chalabi, Zalmay M. Khalilzad, Wayne Downing, Bernard Lewis

Timeline Tags: Neoconservative Influence

The US Justice Department appeals an adverse decision of the US District Court for the District of Columbia in the dispute with Inslaw over the alleged theft of the enhanced PROMIS application (see November 22, 1989). The department raises some of the same issues previously raised in its appeal of a bankruptcy court ruling to the District Court and requests a reversal on the basis of the facts found in the bankruptcy court, which it says made “clear errors.” In addition, it argues:
bullet That its use of enhanced PROMIS did not violate automatic stay bankruptcy protection, so the argument should not have been in the bankruptcy court, but before the Department of Transportation Board of Contract Appeals under the Contract Disputes Act;
bullet That since no motion was filed to convert Inslaw from a chapter 11 bankruptcy to a chapter 7, there was no violation of the automatic stay protection in this respect;
bullet That the department has not filed a claim, so it is still entitled to sovereign immunity; and
bullet That damage awards for violation of the automatic stay can only be paid to individuals, not corporations.
The department will be successful and the District Court ruling will be overturned (see May 7, 1991). [US Congress, 9/10/1992]

Entity Tags: US Department of Justice, Inslaw, Inc., US Court of Appeals for the District of Columbia

Timeline Tags: Inslaw and PROMIS

A Canadian government official says that Canada is using the PROMIS software, according to Inslaw owners William and Nancy Hamilton. The Hamiltons pass the information on to the House Judiciary Committee, which is investigating allegations that the US Justice Department has misappropriated an enhanced version of the software from Inslaw and passed it on to other governments. The official, Marc Valois of the Canadian Department of Communications, apparently says that PROMIS is being used to support 900 locations around the Canadian government. [US Congress, 9/10/1992] Another Canadian official will soon make a similar statement (see January 1991), but both he and Valois will later say they were not referring to Inslaw’s PROMIS, but to a product of the same name from a different company (see March 22, 1991).

Entity Tags: William Hamilton, Nancy Hamilton, House Judiciary Committee, Department of Communications (Canada), Marc Valois

Timeline Tags: Inslaw and PROMIS

The House Subcommittee on Economic and Commercial Law holds a hearing about the failure of Attorney General Richard Thornburgh to provide full access to all documents and records about the Inslaw case. At the hearing, Inslaw owner William Hamilton and its attorney Elliot Richardson air their complaints about an alleged criminal conspiracy in the Justice Department’s handling of a contract with Inslaw and its alleged theft of an enhanced version of the PROMIS application. Steven Ross, the general counsel to the clerk of the US House of Representatives, refutes the Justice Department’s rationale for withholding documents related to possible wrongdoing by its officials involved with the Inslaw contract. In addition, Government Accountability Office representatives describe deficiencies in the Justice Department’s Information Resources Management Office and its administration of data processing contracts.
Bason's Allegations - Judge George Bason, a bankruptcy judge who had found in favor of Inslaw in a dispute with the department (see September 28, 1987), testifies that he believes his failure to be reappointed as bankruptcy judge was the result of improper influence on the court selection process by the department because of his findings. Bason cites information provided to him by a reporter (see May 1988) and negative statements about him by departmental employees (see June 19, 1987 and June 1987 or Shortly After). After investigating these allegations, the committee will find: “The committee could not substantiate Judge Bason’s allegations. If the Department of Justice had influence over the process, it was subtle, to say the least.” Bason will point out that Norma Johnson, the judge who chaired the meeting at which he was not reappointed (see December 15, 1987), had previously worked with departmental official Stuart Schiffer, who was involved in the Inslaw case. However, the committee will comment that it has “no information that Judge Johnson talked to Mr. Schiffer about Inslaw, Judge Bason, or the bankruptcy judge selection process.”
Thornburgh's Reaction - Following this hearing, Thornburgh agrees to cooperate with the subcommittee, but then fails to provide it with several documents it wants. [US Congress, 9/10/1992]

Entity Tags: Steven Ross, William Hamilton, Richard Thornburgh, Government Accountability Office, Elliot Richardson, George Bason, House Subcommittee on Economic and Commercial Law

Timeline Tags: Inslaw and PROMIS

The CIA says that it does not have the PROMIS database and search application (see Mid-1970s). The statement is made in response to a letter sent to CIA Director William Webster by the House Judiciary Committee on November 20 asking him to help them “by determining whether the CIA has the PROMIS software.” In response the CIA states, “We have checked with Agency components that track data processing procurement or that would be likely users of PROMIS, and we have been unable to find any indication that the [CIA] ever obtained PROMIS software.” However, information contradicting this will subsequently emerge. For example, a retired CIA official whose job it is to investigate the Inslaw allegations internally will tell Wired magazine that the Justice Department gave PROMIS to the CIA: “Well, the Congressional committees were after us to look into allegations that somehow the agency had been culpable of what would have been, in essence, taking advantage of, like stealing, the technology [PROMIS]. We looked into it and there was enough to it, the agency had been involved.” However, the official will say that when the CIA accepted PROMIS, it did not know that there was a serious dispute about the Justice Department’s ownership of the software. [Wired News, 3/1993]

Entity Tags: William H. Webster, House Judiciary Committee, Central Intelligence Agency, US Department of Justice

Timeline Tags: Inslaw and PROMIS

A second Canadian government official says that Canada is using the PROMIS software, according to Inslaw owners William and Nancy Hamilton. The Hamiltons pass the information on to the House Judiciary Committee, which is investigating allegations that the US Justice Department has misappropriated an enhanced version of the software from Inslaw and passed it on to other governments. The official, Denis LaChance of the Canadian Department of Communications, apparently says that PROMIS is being used by the Royal Canadian Mounted Police to support its field offices. [US Congress, 9/10/1992] Another Canadian official had previously made a similar statement (see November 1990), but both he and LaChance will later say they were not referring to Inslaw’s PROMIS, but to a product of the same name from a different company (see March 22, 1991).

Entity Tags: Nancy Hamilton, Denis LaChance, House Judiciary Committee, William Hamilton, Department of Communications (Canada)

Timeline Tags: Inslaw and PROMIS

One of the US Army Patriot batteries deployed in Dhahran, Saudi Arabia that destroyed Iraqi Scuds.One of the US Army Patriot batteries deployed in Dhahran, Saudi Arabia that destroyed Iraqi Scuds. [Source: US Army]Iraqi forces launch seven Scud missiles at targets inside Israel. US forces intercept one of the Scuds over Dhahran, Saudi Arabia, with a Patriot anti-missile battery. The Israeli government agrees to a US request not to retaliate with its own military strike against Iraq. Two days later, the Pentagon redeploys several Patriot batteries from their bases in Europe into the region. [American Forces Press Service, 8/8/2000] This is the first of a number of Scud attacks by Iraq against Israeli targets. Many believe that Iraq’s intention in attacking Israel—announced before the war—is to draw Israel into the conflict and thus draw other Arab countries into the war in support of Iraq, particularly Jordan and/or Syria. Israel, pressured by the US, refuses to retaliate. The Scuds that are fired at Israel have been drastically modified to fly much farther distances than they were originally designed to do, and as a result they are wildly inaccurate. A common joke among US military and civilian personnel is: “How many Iraqis does it take to launch a Scud? Two: one to launch the missile and another to watch CNN to see where it lands.” [NationMaster, 12/23/2007]

Entity Tags: US Department of Defense

Timeline Tags: Events Leading to Iraq Invasion

The US Court of Appeals for the District of Columbia reverses two rulings in favor of Inslaw in the dispute over enhanced PROMIS software, following an appeal by the Justice Department (see October 12, 1990). The rulings had been issued by Bankruptcy Court for the District of Columbia (see September 28, 1987) and the US District Court for the District of Columbia (see November 22, 1989). The reversal is granted on what a House Judiciary Committee report favorable to Inslaw will call “primarily jurisdictional grounds.” The appeal court says the bankruptcy court was the wrong place to litigate the issues it decided and, in any case, the department has not violated automatic stay bankruptcy provisions. However, the appeal court notes that both lower courts found that the department had “fraudulently obtained and then converted Enhanced PROMIS to its own use,” and that “such conduct, if it occurred, is inexcusable.” [US Congress, 9/10/1992]

Entity Tags: House Judiciary Committee, Inslaw, Inc., US Court of Appeals for the District of Columbia, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Following an adverse ruling in an appeals court, Inslaw files an appeal for a writ of certiorari to the Supreme Court. If the writ were granted, it would mean the Supreme Court agreed to hear a further appeal in the case. The appeals court had reversed bankruptcy and district court rulings favorable to Inslaw in its dispute with the Justice Department over the enhanced PROMIS software (see September 28, 1987, November 22, 1989, and May 7, 1991). The application will be denied (see January 13, 1992). [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., US Supreme Court, US Department of Justice

Timeline Tags: Inslaw and PROMIS

John Schoolmeester, a former Customs Services program officer, says that Peter Videnieks, a Justice Department official who worked on the implementation of PROMIS software, is linked to a company called Hadron, Inc., owned by Earl Brian, a businessman involved in the PROMIS affair. Schoolmeester makes the claim in two sworn statements provided to the House Judiciary Committee on October 10 and November 6, 1991. Schoolmeester says he has direct knowledge of ties between Videnieks and Hadron, Inc., prior to Videnieks’ employment with the Justice Department. According to Schoolmeester, Videnieks, as a contracting officer for the Customs Service, was involved with several Hadron, Inc. contracts, and he would necessarily have met with Dominic Laiti (a former Hadron chief executive officer) on a regular basis, because that was the way Laiti conducted business. However, Videnieks tells the committee under oath that he does not know and has not had any conversations with Laiti or Brian. Schoolmeester also says that Brian is “the behind-the-scenes guy at Hadron,” but he is not certain whether Videnieks met with him. Finally, he says that Brian is well connected in Washington and had connections with former Attorney General Edwin Meese and several Congressional figures. [US Congress, 9/10/1992]

Entity Tags: John Schoolmeester, Peter Videnieks, Hadron, Inc., Dominic Laiti, Edwin Meese, House Judiciary Committee

Timeline Tags: Inslaw and PROMIS

Attorney General William Barr appoints Nicholas Bua, a retired federal judge from Chicago, as his special counsel to investigate and advise him on the Inslaw controversy. The affair has been running for nearly a decade and stems from a dispute over a contract signed by the Justice Department and Inslaw in 1982 (see March 1982). However, because Bua does not have independent status, the House Judiciary Committee will comment, “as long as the investigation of wrongdoing by former and current high level Justice officials remains under the ultimate control of the department itself, there will always be serious doubt about the objectivity and thoroughness of the inquiry.” [US Congress, 9/10/1992]

Entity Tags: Nicholas Bua, US Department of Justice, House Judiciary Committee, William P. Barr

Timeline Tags: Inslaw and PROMIS

Iraqi National Congress logo.Iraqi National Congress logo. [Source: Iraqi National Congress]Over a period of four years, the CIA’s Iraq Operation Group provides the Iraqi National Congress (INC) with $100 million, which the organization uses to set up training camps and propaganda operations in Northern Iraq. [Christian Science Monitor, 6/15/2004; Ritter, 2005, pp. 128] During this time span, INC leader Ahmed Chalabi allegedly misuses a lot of the funds. “There was a lot of hanky-panky with the accounting: triple billing, things that weren’t mentioned, things inflated.… It was a nightmare,” a US intelligence official who works with Chalabi will say in 2004. [Newsweek, 4/5/2004] Chalabi refuses to share the organization’s books with other members of the INC, and even with the US government itself. According to a former CIA officer, “[T]hey argued that it would breach the secrecy of the operation.” One night, government investigators break into the INC’s offices to do an audit. They find that although the books are in order, many of the group’s expenditures are wasteful. [New Yorker, 6/7/2004] Chalabi spends much of his time in Kurdish-controlled northern Iraq. Robert Baer, a CIA officer who is also working in Iraq, later recalls: “He was like the American Ambassador to Iraq. He could get to the White House and the CIA. He would move around Iraq with five or six Land Cruisers.” Hundreds of thousands of dollars flow “to this shadowy operator—in cars, salaries—and it was just a Potemkin village. He was reporting no intel; it was total trash. The INC’s intelligence was so bad, we weren’t even sending it in.” Chalabi tries to portray Saddam Hussein’s regime as “a leaking warehouse of gas, and all we had to do was light a match,” Baer says. Chalabi, at certain points, claims to know about Iraqi troop movements and palace plans. But “there was no detail, no sourcing—you couldn’t see it on a satellite.” [New Yorker, 6/7/2004] In her 2007 book Fair Game, former CIA analyst Valerie Plame Wilson, an expert on Iraq’s WMD programs, describes Chalabi as “Machiavellian,” and blames him for sending “dozens of tantalizing but ultimately false leads into the CIA net.” [Wilson, 2007, pp. 106-107]

Entity Tags: Valerie Plame Wilson, Ahmed Chalabi, Central Intelligence Agency, Robert Baer, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

The US Supreme Court denies an application for a writ of certiorari made by Inslaw, meaning that the court will not hear its case. The application had been filed the previous year (see October 9, 1991), as Inslaw wanted to overturn an adverse ruling by an appeals court in its dispute with the Justice Department over the alleged theft of enhanced PROMIS software (see May 7, 1991). [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., US Supreme Court, US Department of Justice

Timeline Tags: Inslaw and PROMIS

The Government Accountability Office (GAO) releases a study of the Office of Professional Responsibility (OPR) called “Employee Misconduct: Justice Should Clearly Document Investigative Actions.” The report is drafted at the request of the House Government Information, Justice, and Agriculture Subcommittee. The GAO finds that:
bullet OPR operates informally, does not routinely document key aspects of its investigations, and provides little background information in its case documentation;
bullet OPR generally does not record the complete scope of and rationale behind its investigations, or of the decisions reached in the course of its investigations;
bullet OPR’s conclusions that allegations are or are not substantiated are generally not explained;
bullet In many instances, OPR does not pursue all available avenues of inquiry;
bullet OPR counsel rely on an attorney’s judgment and informal consulting among attorneys within OPR as the basis for making decisions and reaching conclusions about specific investigations.
The GAO concludes that these failings expose the OPR and the department to a range of risks, such as if OPR’s informality led it to conclude an investigation prematurely, the department’s integrity could be compromised. In addition, if asked to defend an investigation against a charge that it was not aggressively pursued, OPR probably would not have sufficient documentation to do so. A review of the quality of an investigation based on the documentation would yield little information. Therefore, the GAO recommends that OPR:
bullet Establish basic standards for conducting its investigations;
bullet Establish case documentation standards;
bullet Follow up more consistently on the results of misconduct investigations done by other units and what disciplinary actions, if any, are taken as a result of all misconduct investigations. [US Congress, 9/10/1992]

Entity Tags: Government Accountability Office, Subcommittee on Government Information, Justice, and Agriculture, Office of Professional Responsibility, US Department of Justice

Timeline Tags: Civil Liberties, Misc Entries

The outgoing President Bush pardons six former Reagan officials for any crimes they may have committed as part of their involvement in the Iran-Contra affair. One of the six, former Defense Secretary Caspar Weinberger, was slated to go on trial in January 1993 on charges that he lied to Congress about his knowledge of arms sales to Iran and funding from other countries for the Nicaraguan Contras (see July 24, 1992). Weinberger’s case was expected to reveal details of then-Vice President Bush’s involvement in the affair. Bush has refused to turn over a 1986 campaign diary he kept that may contain evidence of his involvement. Special prosecutor Lawrence Walsh says of the pardons, “[T]he Iran-Contra cover-up, which has continued for more than six years, has now been completed.” The pardons “undermine… the principle that no man is above the law. It demonstrates that powerful people with powerful allies can commit serious crimes in high office—deliberately abusing the public trust without consequence.” Walsh says that he believes Bush may have pardoned Weinberger to conceal his own complicity and possibly criminal actions in Iran-Contra. Bush also pardons former National Security Adviser Robert McFarlane and former Assistant Secretary of State Elliott Abrams, both of whom have already pled guilty to misdemeanor charges of withholding information from Congress. Bush also pardons Clair George, the former head of the CIA’s clandestine services, convicted earlier in December of two felony charges of perjury and misleading Congress. Finally, he pardons two other CIA officials, Duane Clarridge, who is awaiting trial, and Alan Fiers, who pled guilty to withholding information from Congress, and who testified against George. For his part, Bush says he is merely trying to “put bitterness behind us” in pardoning the six, many of whom he said have already paid a heavy price for their involvement. Senator George Mitchell (D-ME) is sharply critical of the pardons, saying, “If members of the executive branch lie to the Congress, obstruct justice and otherwise break the law, how can policy differences be fairly and legally resolved in a democracy?” [New York Times, 12/25/1992]

Entity Tags: Robert C. McFarlane, Caspar Weinberger, Alan Fiers, Clair George, Lawrence E. Walsh, Contras, George Herbert Walker Bush, Duane Clarridge, Elliott Abrams, George Mitchell

Timeline Tags: Iran-Contra Affair

Bomb damage in underground levels of the WTC in 1993.Bomb damage in underground levels of the WTC in 1993. [Source: Najlah Feanny/ Corbis]An attempt to topple the World Trade Center in New York City fails, but six people are killed and over 1,000 injured in the misfired blast. The explosion is caused by the detonation of a truck bomb in the underground parking garage. An FBI explosives expert will later state, “If they had found the exact architectural Achilles’ heel or if the bomb had been a little bit bigger, not much more, 500 pounds more, I think it would have brought her down.” Ramzi Yousef, who has close ties to Osama bin Laden, organizes the attempt. [Village Voice, 3/30/1993; US Congress, 2/24/1998] The New York Times will report on Emad Salem, an undercover agent who will be the key government witness in the trial against Yousef. Salem will testify that the FBI knew about the attack beforehand and told him it would thwart the attack by substituting a harmless powder for the explosives. However, an FBI supervisor called off this plan and the bombing was not stopped. [New York Times, 10/28/1993] Other suspects were ineptly investigated before the bombing as early as 1990. Several of the bombers were trained by the CIA to fight in the Afghan war and the CIA will conclude, in internal documents, that it was “partly culpable” for this bombing (see January 24, 1994). [Independent, 11/1/1998] 9/11 mastermind Khalid Shaikh Mohammed is an uncle of Yousef and also has a role in the bombing (see March 20, 1993). [Independent, 6/6/2002; Los Angeles Times, 9/1/2002] One of the bombers even leaves a message, which will be found by investigators, stating, “Next time, it will be very precise.” [Associated Press, 9/30/2001]

Entity Tags: Khalid Shaikh Mohammed, Federal Bureau of Investigation, Ramzi Yousef, Osama bin Laden, World Trade Center, Emad Salem, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Iraqi exile Ahmed Chalabi (see 1992-1996) approaches the Clinton administration with a plan to overthrow Saddam Hussein. Defense Intelligence Agency agent Patrick Lang will later recall that the plan, dubbed “End Game,” starts with a revolt by Iraq’s Kurdish and Shi’a insurgents that will, theoretically, trigger an insurrection by Iraqi military commanders. The military will replace Hussein with a regime friendly to both Israel and the US. Clinton officials give the plan tentative approval, though as Lang will later write: “The plan was based on a belief that Iraq was ripe for revolt and that there were no units in the armed forces that would fight to preserve Saddam’s government. Since the same units had fought to keep Saddam in power during the Kurdish and Shi’a revolts of a few years before, it is difficult to see why the sponsors of End Game would have thought that.” Meanwhile, Saddam Hussein learns of the plan and prepares his own response. When Chalabi puts the plan into action, the Iraqi military, instead of revolting against Hussein, kills over 100 INC-backed insurgents (see March 1995). After the debacle, neither the CIA nor the White House will have anything more than superficial contact with Chalabi until 2001. [Middle East Policy Council, 6/2004; Unger, 2007, pp. 126]

Entity Tags: Saddam Hussein, Central Intelligence Agency, Clinton administration, Patrick Lang, Ahmed Chalabi

Timeline Tags: Events Leading to Iraq Invasion

The Justice Department issues a 187-page report clearing department officials of wrongdoing in the Inslaw affair, which concerned the alleged misappropriation of an enhanced version of PROMIS software. According to a department press release, “there is no credible evidence that department officials conspired to steal computer software developed by Inslaw, Inc. or that the company is entitled to additional government payments.” This concurs with a previous report by Nicolas Bua, a special counsel appointed by the department. The main points of the report are:
bullet The use of PROMIS by the Executive Office of United States Attorneys and in US attorneys’ offices conforms with contractual agreements, and Inslaw is not entitled to additional compensation for the use of its PROMIS software;
bullet No independent counsel should be appointed and the matter should be closed;
bullet The investigative journalist Danny Casolaro, who died while investigating the Inslaw affair and other issues, committed suicide;
bullet MIT professor Dr. Randall Davis was hired to compare the computer code in Inslaw’s PROMIS software with the code in the FBI’s FOIMS software, which Inslaw claimed was a pirated version of PROMIS. Davis concluded that there was no relation between FOIMS and PROMIS;
bullet Two of the people who made allegations about the distribution of PROMIS outside the Justice Department, Michael Riconosciuto and Ari Ben-Menashe, are untrustworthy. The departmental press release calls them “primary sources relied on by Inslaw”;
bullet None of the anonymous sources that had previously been reported to have made statements supportive of Inslaw came forward, despite assurances from Attorney General Janet Reno that they would be protected from reprisals. The press release says, “Individuals who were identified as sources denied making the statements attributed to them by Inslaw”;
bullet The department did not obstruct the reappointment of bankruptcy Judge George Bason, who ruled in favour of Inslaw (see September 28, 1987, November 24, 1987, December 8, 1987, December 15, 1987, and January 12, 1988);
bullet No documents related to the matter have been destroyed by the Justice Department command center;
bullet There is no credible evidence that Inslaw’s PROMIS is being used elsewhere in the government (see 1982-1984, December 11, 1990, and May 2008), or has been improperly distributed to a foreign government or entity (see May 6, 1983, May 12, 1983, November 1990, and January 1991);
bullet PROMIS was not stolen to raise money to reward people working for the release of American hostages in Iran, to penetrate foreign intelligence agencies, as part of a US-Israeli slush fund connected with the late British publisher Robert Maxwell, or in aid of a secret US intelligence agency concealed within the Office of Special Investigations Nazi-hunting unit. [US Department of Justice, 9/27/1994]

Entity Tags: George Bason, Daniel Casolaro, Inslaw, Inc., Randall Davis, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Ahmed Chalabi creates a militia army of about 1,000 fighters in Kurdish-controlled northern Iraq and bribes tribal leaders in the city of Mosul to support a planned rebellion against Saddam Hussein (see November 1993). He is also hosting members of Iranian intelligence who promise that when the operation is launched, Iran will simultaneously hit Iraq from the south. But the CIA learns that Baathist officials have caught wind of the plot and the CIA instructs agent Robert Baer to tell Chalabi that “any decision to proceed will be on your own.” Chalabi, who has no military experience, decides to go through with the plot anyway. But the operation quickly flounders when over 100 INC fighters are killed by Iraqi forces, many more of Chalabi’s fighters desert, the bribed Iraqi tribal leaders stay home, and the Iranians do nothing. The CIA is furious that it funded the operation, which becomes known within the agency as the “Bay of Goats.” [CounterPunch, 5/20/2004; New Yorker, 6/7/2004; Unger, 2007, pp. 126] CENTCOM commander General Anthony Zinni has similar feelings. “It got me pretty angry,” he recalls. “They were saying if you put a thousand troops on the ground, Saddam’s regime will collapse, they won’t fight. I said, ‘I fly over them every day, and they shoot at us. We hit them, and they shoot at us again. No way a thousand forces would end it.’ The exile group was giving them inaccurate information. Their scheme was ridiculous.” Zinni had warned Congress that Chalabi’s invasion plan was “pie in the sky, a fairy tale,” but was ignored. [Unger, 2007, pp. 160-161]

Entity Tags: Saddam Hussein, Robert Baer, Iraqi National Congress, Central Intelligence Agency, Anthony Zinni, Ahmed Chalabi, Rendon Group, Francis Brooke

Timeline Tags: Events Leading to Iraq Invasion

The CIA—concerned about Chalabi’s contacts with Iran and convinced that he is not capable of delivering on his promises—severs its ties with him and the Iraqi National Congress. [ABC, 2/7/1998; New Yorker, 6/7/2004; Christian Science Monitor, 6/15/2004] Former CIA base chief Robert Baer recalls in 2006 that “[t]he quality” of the INC’s intelligence “was very bad. There was a feeling that Chalabi was prepping defectors. We had no systematic way to vet the information, but it was obvious most of it was cooked.” [Mother Jones, 4/2006]

Entity Tags: Central Intelligence Agency, Ahmed Chalabi, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

Richard Perle.Richard Perle. [Source: Public domain]The Institute for Advanced Strategic and Political Studies, an Israeli think tank, publishes a paper titled “A Clean Break: A New Strategy for Securing the Realm.” [Washington Times, 10/7/2002; Chicago Sun-Times, 3/6/2003] The paper, whose lead author is neoconservative Richard Perle, is meant to advise the new, right-wing Israeli Prime Minister Benjamin Netanyahu. Other authors include:
bullet influential neoconservative academic and former Bush adviser Richard Perle, primarily responsible for the content of the paper;
bullet Meyrav Wurmser, the future director of the neoconservative Hudson Institute’s Center for Middle East Policy;
bullet her husband David Wurmser, the future chief adviser for Middle East policy for future vice-president Dick Cheney;
bullet neoconservative Douglas Feith, who will be the prime architect of the Iraq war;
bullet and a number of lesser-known neoconservatives, including James Colbert, Charles Fairbanks, Jr., Jeffrey T. Bergner, Jonathan Torop, and Robert Loewenberg.
Rebuilding Zionism by Abandoning Past Policies - It advocates making a complete break with past policies by adopting a strategy “based on an entirely new intellectual foundation, one that restores strategic initiative and provides the nation the room to engage every possible energy on rebuilding Zionism.…” [Guardian, 9/3/2002]
Aggressive, Militant Israeli Policy towards Arab Neighbors - Much along the lines of an earlier paper by Israeli Oded Yinon (see February 1982), the document urges the Israelis to aggressively seek the downfall of their Arab neighbors—especially Syria and Iraq—by exploiting the inherent tensions within and among the Arab States. The first step is to be the removal of Saddam Hussein in Iraq. A war with Iraq will destabilize the entire Middle East, allowing governments in Syria, Iran, Lebanon, and other countries to be replaced. “Israel will not only contain its foes; it will transcend them,” the paper says. [Perle, 7/8/1996; Guardian, 9/3/2002; Carnegie Endowment for International Peace, 3/19/2003] Iraq is first on the list of nations to be transformed. Saddam Hussein must be overthrown, the authors say. But Iraq has long served as a counterweight to the Shi’ite theocracy of Iran; with the two at loggerheads, neither could pose as serious a threat to Israel as it could if not opposed by the other. To counter this, Perle and his co-authors propose restoring the Hashemites (an ancient Arab dynasty; King Faisal I of Iraq was a Hashemite) to power. Instead of the largely Shi’ite Iraqis aligning themselves with their fellow Shi’a in Iran after Hussein’s overthrow, the Hashemite government would align itself with the pro-Western Jordan, long a Hashemite regime. Unfortunately, the authors propose no plan to actually make such an extraordinary regime succession happen, nor do they seem concerned with some Iraqi Shi’ites’ alignment with Islamist terrorists or with many Shi’ites’ close ties to Iran. [Unger, 2007, pp. 145-148]
Abandoning Oslo Accords, Militant Palestinian Policy - Other suggestions for Israel include abandoning the Oslo Accords, developing a foreign policy based on a traditional balance of power strategy, reserving its right to invade the West Bank and Gaza Strip as part of a strategy of “self-defense,” abandoning any notion of “land for peace,” reestablishing a policy of preemptive strikes, forging closer ties to the US while taking steps towards self-reliance, and seeking an alternative to Yasser Arafat as leader of the PLO. [Perle, 7/8/1996]
'Seeds of a New Vision' - All these questions need not be answered right away, according to co-author Meyrav Wurmser. The document is “the beginning of thought,” she says, “… the seeds of a new vision.”
Similar to American Christian Right's Vision - According to author Craig Unger, the ideology of “ACB” is, in essence, a secularized version of the theology of the American Christian Right. Christian Zionists insist that Jews were ordained by God to reclaim the Biblican land of Judea and Samaria in the West Bank; the paper asserts that claim as well. The paper echoes Christian fundamentalists by demanding “the unconditional acceptance of Arabs of our rights, especially in their territorial dimension.” Perle and his fellow neoconservatives want to push the boundaries even further: the Bible can be interpreted to countenance Jewish dominion over all or parts of Egypt, Syria, Lebanon, Jordan, Iraq, and even Saudi Arabia. Thusly, the authors claim that Israel and the US, by waging war against Iraq, Syria, and Lebanon, would reshape the “strategic environment” in the Middle East and greatly expand Israel’s influence in the region.
Influence in Upcoming Bush Administration - Perle will later become chairman of President Bush’s influential Defense Policy Board and will be instrumental is moving Bush’s US policy toward war with Iraq after the 9/11 attacks, as will Feith and the Wurmsers. [Unger, 2007, pp. 145-148]

Entity Tags: Richard Perle, Robert Loewenberg, Meyrav Wurmser, Jonathan Torop, Richard V. Allen, James Colbert, Charles Fairbanks, Jr., Benjamin Netanyahu, David Wurmser, Institute for Advanced Strategic and Political Studies, Jeffrey T. Bergner, Douglas Feith

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, US International Relations, Neoconservative Influence


William Kristol, one of the founders and leaders of PNAC.
William Kristol, one of the founders and leaders of PNAC. [Source: Public domain]The Project for the New American Century (PNAC), a neoconservative think tank formed in the spring of 1997, issues its statement of principles. PNAC’s stated aims are:
bullet to “shape a new century favorable to American principles and interests”
bullet to achieve “a foreign policy that boldly and purposefully promotes American principles abroad”
bullet to “increase defense spending significantly”
bullet to challenge “regimes hostile to US interests and values”
bullet to “accept America’s unique role in preserving and extending an international order friendly to our security, our prosperity, and our principles.” [Project for the New American Century, 6/3/1997] The Statement of Principles is significant, because it is signed by a group who will become “a roll call of today’s Bush inner circle.” [Guardian, 2/26/2003] ABC’s Ted Koppel will later say PNAC’s ideas have “been called a secret blueprint for US global domination.” [ABC News, 3/5/2003]

Entity Tags: Project for the New American Century, Ted Koppel

Timeline Tags: Complete 911 Timeline

Judge Christine Miller of the Court of Federal Claims rejects allegations by the software firm Inslaw that the Justice Department illegally stole its enhanced PROMIS software and distributed it. The finding is contained in a 186-page opinion issued by Miller that says there is “no merit to the claims.” The decision follows a three-week trial. The matter was sent to the court by Congress, which referred the case as a part of considerations about whether to pass a private bill to compensate Inslaw. The original contract required Inslaw to install in US attorneys’ offices a public domain version of PROMIS owned by the government. But, according to Miller, without notice to the government, Inslaw installed a different version of the software and then asserted that the government could not use the software in other offices. (Note: the contract was signed in March 1982 (see March 1982), and Inslaw notified the department of the enhancements on April 2 (see April 2, 1982).) Miller’s findings are:
bullet Inslaw has not shown it has any ownership rights to the software and that the enhancements it claims are not proprietary to it. Miller says that some of the enhancements do actually exist—12 of the over 100 Inslaw says it made—but Inslaw cannot demonstrate it owns them;
bullet Neither has Inslaw shown that the department acted improperly in any way in connection with the software, as it had unlimited rights to the enhanced software it received and acted in good faith;
bullet Inslaw’s decision to take its case to the bankruptcy court, rather than courts with certain jurisdiction to hear it, was a tactical one (see June 9, 1986);
bullet A panel of independent experts appointed by the judge to review other software applications Inslaw claims are pirated versions of PROMIS found that Inslaw’s allegations were false;
bullet In addition to not having a legal claim against the US, Inslaw does not have an equitable claim either, because it did not own the software and the Justice Department acted properly.
Assistant Attorney General Frank Hunger, head of the civil division, comments: “Both parties benefit from having a decision from a court with authority to resolve the matter—a court that has heard all the evidence. And the public benefits because all the evidence has been aired and they can be confident that the facts have finally been revealed. Certainly, the department benefits from the lifting of the cloud that has hung over it for a decade.” As the court investigated the matter at the request of Congress, the decision will be sent back there, although Inslaw will have the chance to appeal the matter to a three-judge panel at the same court beforehand. [US Department of Justice, 8/4/1997]

Entity Tags: Inslaw, Inc., Frank Hunger, Christine Miller, Court of Federal Claims, US Department of Justice

Timeline Tags: Inslaw and PROMIS

David Wurmser, director of the Middle East program at the neoconservative American Enterprise Institute, writes an op-ed piece in the Wall Street Journal arguing that the US government should support Ahmed Chalabi’s Iraqi National Congress [INC] and work to foment “an Iraqi insurgency to depose the butcher of Baghdad.” Wurmser writes: “Washington has no choice now but to abandon the coup option and resurrect the INC. An insurgency may be able to defeat Saddam’s weak and demoralized conventional army. But one thing is clear: There is no cost-free way to depose Saddam. He is more resolute, wily and brutal than we. His strength lies in his weapons of terror; that is why he is so attached to them…. Organizing an insurgency to liberate Iraq under the INC may provoke Saddam to use these weapons on the way down. Better that, though, than current policy, which will lead him to use them on his way back up.” [Wall Street Journal, 11/12/1997]

Entity Tags: David Wurmser, Saddam Hussein, Ahmed Chalabi

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

PNAC logo.PNAC logo. [Source: Project for the New American Century]The Project for the New American Century (PNAC), an influential neoconservative think tank, publishes a letter to President Clinton urging war against Iraq and the removal of Saddam Hussein because he is a “hazard” to “a significant portion of the world’s supply of oil.” In a foretaste of what eventually happens, the letter calls for the US to go to war alone, attacks the United Nations, and says the US should not be “crippled by a misguided insistence on unanimity in the UN Security Council.” The letter is signed by many who will later lead the 2003 Iraq war. 10 of the 18 signatories later join the Bush Administration, including Defense Secretary Donald Rumsfeld, Assistant Defense Secretary Paul Wolfowitz, Deputy Secretaries of State Richard Armitage and Robert Zoellick, Undersecretaries of State John Bolton and Paula Dobriansky, presidential adviser for the Middle East Elliott Abrams, Defense Policy Board chairman Richard Perle, and George W. Bush’s special Iraq envoy Zalmay Khalilzad. Other signatories include William Bennett, Jeffrey Bergner, Francis Fukuyama, Robert Kagan, William Kristol, Peter Rodman, William Schneider, Vin Weber, and James Woolsey. [Project for the New American Century, 1/26/1998; Sunday Herald (Glasgow), 3/16/2003; Unger, 2007, pp. 158] Clinton does heavily bomb Iraq in late 1998, but the bombing doesn’t last long and its long term effect is the break off of United Nations weapons inspections. [New York Times, 3/23/2003] The PNAC neoconservatives do not seriously expect Clinton to attack Iraq in any meaningful sense, author Craig Unger will observe in 2007. Instead, they are positioning themselves for the future. “This was a key moment,” one State Department official will recall. “The neocons were maneuvering to put this issue in play and box Clinton in. Now, they could draw a dichotomy. They could argue to their next candidate, ‘Clinton was weak. You must be strong.’” [Unger, 2007, pp. 158]

Entity Tags: Robert B. Zoellick, Vin Weber, William Kristol, William Jefferson (“Bill”) Clinton, Zalmay M. Khalilzad, William Schneider Jr., Richard Perle, William J. Bennett, Richard Armitage, Robert Kagan, Paula J. Dobriansky, Donald Rumsfeld, Craig Unger, Peter Rodman, Elliott Abrams, John R. Bolton, James Woolsey, Francis Fukuyama, Jeffrey T. Bergner, Paul Wolfowitz

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Neoconservative Influence

Scott Ritter.Scott Ritter. [Source: Public domain/ David Shankbone]Ahmed Chalabi meets Scott Ritter, a liaison for the UN weapons inspectors program, in his London apartment. When Chalabi asks Ritter what kind of information inspectors need, Ritter discloses all of the inspectors’ intelligence gaps. “I should have asked him what he could give me,” Ritter later tells the New Yorker. “We made the biggest mistake in the intelligence business: we identified all of our gaps.” The New Yorker reports: “Ritter outlines most of the UN inspectors’ capabilities and theories, telling Chalabi how they had searched for underground bunkers with ground-penetrating radar. He also told Chalabi of his suspicion that Saddam may have had mobile chemical- or biological-weapons laboratories.…” [New Yorker, 6/7/2004]

Entity Tags: Scott Ritter, Ahmed Chalabi

Timeline Tags: Events Leading to Iraq Invasion

The Committee for Peace and Security in the Gulf (CPSG), a bipartisan group made up largely of foreign policy specialists, sends an “Open Letter to the President” calling for President Clinton to use the US military to help Iraqi opposition groups overthrow Saddam Hussein and replace him with a US-friendly government. US law forbids such an operation. The group is led by, among others, former Representative Stephen Solarz (D-NY) and prominent Bush adviser Richard Perle, a former assistant secretary of defense.
Largely Neoconservative in Makeup - Many of its co-signers will become the core of the Bush administration’s neoconservative-driven national security apparatus. These co-signers include Elliott Abrams, Richard Armitage, John Bolton, Stephen Bryen, Douglas Feith, Frank Gaffney, Fred Ikle, Robert Kagan, Zalmay Khalilzad, William Kristol, Michael Ledeen, Bernard Lewis, Peter Rodman, Donald Rumsfeld, Gary Schmitt, Max Singer, Casper Weinberger, Paul Wolfowitz, David Wurmser, and Dov Zakheim. [CNN, 2/20/1998; Middle East Policy Council, 6/2004] The CPSG is closely affiliated with both the neoconservative Project for the New American Century (PNAC—see June 3, 1997 and January 26, 1998) and the neoconservative American Enterprise Institute (AEI), both of which boast Perle as a powerful and influential member. Jim Lobe of the Project Against the Present Danger later learns that the CPSG is funded in large part by a sizable grant from the right-wing Bradley Foundation, a key funding source for both the PNAC and the AEI. According to Counterpunch’s Kurt Nimmo, the plan for overthrowing Iraq later adopted by the Bush administration, and currently advocated by the CPSG, will be echoed in the PNAC’s September 2000 document, “Rebuilding America’s Defenses” (see September 2000). [CounterPunch, 11/19/2002]
Advocates Supporting Iraq-Based Insurgency - The letter reads in part: “Despite his defeat in the Gulf War, continuing sanctions, and the determined effort of UN inspectors to root out and destroy his weapons of mass destruction, Saddam Hussein has been able to develop biological and chemical munitions.… This poses a danger to our friends, our allies, and to our nation.… In view of Saddam Hussein’s refusal to grant UN inspectors the right to conduct unfettered inspections of those sites where he is suspected of storing his still significant arsenal of chemical and biological munitions and his apparent determination never to relinquish his weapons of mass destruction, we call upon President Clinton to adopt and implement a plan of action designed to finally and fully resolve this utterly unacceptable threat to our most vital national interests.” The plan is almost identical to the “End Game” scenario proposed in 1993 (see November 1993) and carried out, without success, in 1995 (see March 1995). It is also virtually identical to the “Downing Plan,” released later in 1998 (see Late 1998). In 2004, then-Defense Intelligence Agency official Patrick Lang will observe, “The letter was remarkable in that it adopted some of the very formulations that would later be used by Vice President [Dick] Cheney and other current administration officials to justify the preventive war in Iraq that commenced on March 20, 2003” (see March 19, 2003). The CPSG advocates:
bullet US support for Ahmed Chalabi’s Iraqi National Congress (INC—see 1992-1996) as the provisional government to replace Hussein’s dictatorship;
bullet Funding the INC with seized Iraqi assets, designating areas in the north and south as INC-controlled zones, and lifting sanctions in those areas;
bullet Providing any ground assault by INC forces (see October 31, 1998) with a “systematic air campaign” by US forces;
bullet Prepositioning US ground force equipment “so that, as a last resort, we have the capacity to protect and assist the anti-Saddam forces in the northern and southern parts of Iraq”;
bullet Bringing Hussein before an international tribunal on war crimes charges.
Carrying out these actions, Solarz says, would completely eliminate the threat of weapons of mass destruction that he claims Iraq owns. [Abrams et al., 2/19/1998; CNN, 2/20/1998; Middle East Policy Council, 6/2004]

Weapons inspectors with the United Nations Special Commission (UNSCOM) report finding evidence that Iraq put VX nerve toxin into missile warheads before the 1991 Gulf War. Iraq has denied being able to make a weapon using VX payloads. The evidence comes from a classified US Army laboratory analysis of warhead fragments recovered by UNSCOM inspectors from a destruction pit at Taji, Iraq, in March 1998. Swabs from the warheads analyzed for the UN at the Aberdeen Proving Ground in Maryland showed “significant amounts” of degraded “VX disulfide… and stabilizer” in the samples, according to the UN. The laboratory results seem to confirm suspicions raised by Iraqi defectors and other sources, which indicated that Iraq, contrary to its claims, had indeed succeeded in stabilizing and weaponizing VX nerve gas. VX is an intensely lethal compound; using such nerve toxin in a missile attack would potentially inflict large casualties on the targeted population. The discovery also lends credence to suspicions that Iraq has intentionally misled inspectors about its weapons of mass destruction. Iraq has refused to admit that it ever created weaponized VX or that it deployed the nerve toxin in missile warheads. [Washington Post, 6/23/1998; TruthDig, 3/17/2008]
Leaked by INC - The Aberdeen report is leaked to the Washington Post through officials at the Iraqi National Congress (INC), which the Post will describe as “the principal Iraqi exile opposition group.” Diplomatic sources later confirm the findings, and US government officials will not dispute the conclusion.
Used to Criticize Clinton Administration - The report gives fresh ammunition to conservative Republicans seeking to target the Clinton administration for what they see as its failure to strongly support UNSCOM weapons inspections and the overthrow of Saddam Hussein. Senate Majority Leader Trent Lott (R-MS) will write in response to the report, “The latest example of a failed policy toward Iraq will not be swept under the rug.” Lott will write that he and other Republicans may use the issue to derail the Senate confirmations of US ambassador to the UN Richard Holbrooke and Energy Secretary Bill Richardson.
Republican Official: Iraqis 'Lied from the Start' - INC president Ahmed Chalabi will call the report “a smoking gun,” and add: “It shows that Saddam is still lying, and that this whole arrangement based on his turning his weapons of terror over to the United Nations is not workable. He has stabilized VX, which means he can store it for a long time and bring it out for use when he wants.” A Republican Senate official adds: “This report means that they have VX out there now, and can use it. They have lied from from the start.” [Washington Post, 6/23/1998]
Press Leak Alters UNSCOM Reaction - UNSCOM chief Richard Butler’s plans to announce a “major breakthrough” in diplomatic negotiations with Iraq are scuttled when the Post reports on the VX lab test results. The story focuses not just on the fact that traces of VX were found in Iraqi warheads, but on the harsh criticisms leveled by Lott and other Republicans. The Post writes: “The new indications of Iraqi deception also are likely to reverberate in US politics, where conservative Republicans are increasingly critical of what they see as a failure by the Clinton administration to support strongly either aggressive UNSCOM inspections for Iraqi weapons of mass destruction or efforts to overthrow Iraqi leader Saddam Hussein.” [TruthDig, 3/17/2008]
Report Disproven - Further research will disprove the Aberdeen test results, and conclude that Iraq had not, in fact, packed warheads with VX nerve toxin (see July 1998).

Entity Tags: Washington Post, Iraqi National Congress, Clinton administration, Ahmed Chalabi, Aberdeen Proving Ground, Trent Lott, United Nations Special Commission

Timeline Tags: Events Leading to Iraq Invasion

UN weapons inspector Scott Ritter attempts to leak a confidential United Nations Special Commission (UNSCOM) report on Iraq’s production of VX nerve agent to the American press (see June 10, 1998). The attempt spirals into an effort by Ahmed Chalabi and the Iraqi National Congress (INC—see 1992-1996) to recruit Ritter’s help in crafting a plan for Chalabi’s INC, with American assistance, to overthrow Iraq’s Saddam Hussein and place Chalabi in control. Ritter becomes aware of a report from a US military laboratory that proves in 1991 Iraq had manufactured VX nerve agent and deployed it in missile warheads. The Iraqis have admitted to attempting to produce the deadly toxin, but have long insisted that they were never successful in producing weaponized VX. Although there is no reason to believe that Iraq retains active VX from its former chemical weapons program, UNSCOM officials are furious about having been lied to for years by the Iraqis. UNSCOM chief Richard Butler, involved in delicate negotiations with the Iraqi government on developing a “road map” for addressing numerous outstanding issues between Iraq and the UN, decides to keep the report under wraps. UNSCOM officials are even more outraged at Butler’s decision; many believe that Butler is acquiescing to Clinton administration officials who want to avoid a confrontation with Iraq and the UN. When Ritter offers to leak the document in Washington in such a way that would not be traced to the UNSCOM officials who have seen the report, they quickly slip him a copy of the report, and Ritter prepares to fly to Washington.
First Meeting with Chalabi - Ritter is already scheduled to meet with CIA officials about other intelligence support programs. He calls Randy Scheunemann, the national security adviser for Senator Trent Lott (R-MS), the Senate Majority Leader, and sets up a meeting to, as Ritter will later write, “discuss some new developments” regarding the Iraqis. Scheunemann agrees, and asks if Ritter would be willing to meet with Chalabi at Chalabi’s Georgetown townhouse. Ritter is nonplussed at the request, but decides that since he had already discussed Iraqi weapons of mass destruction with Chalabi in a meeting authorized by Butler (see January 27, 1998), this Georgetown meeting could be construed as a legitimate followup. Ritter agrees. Upon arriving at Washington’s National Airport, he is met by Chalabi’s driver, who takes him to Georgetown. Chalabi presents Ritter with what Ritter will later recall as “an ambitious program, including briefings to senators and their staffs.” The meeting lasts well into the night, and Ritter agrees to stay overnight in a guest room.
Leaking the Report - The next day, Ritter meets with the CIA and then with Scheunemann. Ritter gives Scheunemann the UNSCOM report and explains its significance. “If it could find its way into the press in a way that removed any UNSCOM fingerprints, this would be ideal,” he tells Scheunemann. “That way the data remains uncompromised, and yet politically Butler and the White House can’t ignore it.” Scheunemann says with a smile, “I think we can manage that.”
'The Chalabi Factor' - Scheunemann then takes Ritter to meet Lott, who seems more interested in Ritter’s interactions with Chalabi than in the report. “I hope you take some time to talk with him, and some other interesting people I think you will be meeting with” Lott tells Ritter. “Exchange ideas. See if you can help him in any way. We’re all on the same side here, and we have to start finding ways to break down some barriers others have constructed between us.” Ritter returns to Chalabi’s home, where he meets with Francis Brooke, Chalabi’s principal American adviser, and Max Singer, a conservative foreign policy expert who specializes in what Ritter will term “political warfare.” Scheunemann has asked Singer to write a paper called “The Chalabi Factor” that touts Chalabi as the man to lead a revolution that would result in the ouster of Hussein. Chalabi asked Singer to share the paper with Ritter. Singer has sketched out a scenario that envisions Chalabi and INC fighters capturing the southern oil fields around Basra, giving the INC a political and military foothold inside Iraq, and then rallying disenchanted Shi’ites and Kurds into supporting his insurgency. Ritter later recalls: “I was somewhat taken aback by the content of the Singer paper. I was on dangerous political ground here, a UN weapons inspector charged with the disarmament of Iraq, suddenly dabbling in the world of regime change. Far from advising me on issues of intelligence regarding Iraqi WMD, Ahmed Chalabi had turned the tables and had me advising him on how to overthrow Saddam Hussein.” The three are soon joined by Chalabi and Stephen Rademaker, the lawyer for the House Foreign Affairs Committee and, as Ritter later describes him, an unabashed member of the far right and a Chalabi supporter. The conversation does not center on arms control, as Ritter had originally planned to discuss, but regime change. The others are uninterested in Ritter’s suggestion that pressure be brought to bear on the Hussein regime over the VX discovery. “[W]e all know Saddam is cheating, and that his days are numbered,” Rademaker says. “What we don’t have is a plan on what we are going to do once Saddam is out of office. Mr. Chalabi represents our best hopes in that regard, which is why we’re delighted that you and he are meeting like this.”
Handling the Ba'athists - Ritter tells the others that the Shi’ites and Kurds cannot be treated as “homogeneous movement[s],” but as loose, fractious amalgamations of disparate elements. He then asks: “The key to me is what is missing here: any discussion of the Ba’ath Party or the Sunni tribes. The Ba’ath Party is the only vehicle that exists in Iraq today that unites Sunnis, Shi’a and Kurds alike. It makes modern Iraq function. How do you plan on dealing with the Ba’ath Party in a post-Saddam environment? And what is your plan for winning over the Sunni tribes? How will you bring the tribes that represent the foundation of Saddam’s political support into the fold with your Kurdish and Shi’a supporters?” As Ritter later writes: “Steve Rademaker and Francis Brooke stared blankly. Chalabi was grinning ear to ear. ‘We have a plan. First, we will do away completely with the Baath Party. Those minor members who were forced to join out of survival, of course, they will be allowed to retain their jobs. But anyone who profited from Baathist rule will be punished. As for the Sunni tribes, we are already in contact with their representatives. We feel that the best way to negotiate with them, however, is to make them realize that there is no future with Saddam. Once they realize that, they will come over to our side.’ Chalabi’s ‘plan’ struck me as simplistic at best, and entirely unrealistic.”
The Downing Plan - In answer to Ritter’s questions about defeating the Iraqi military—the large Iraqi Army, the well-trained Republican Guard and other security forces—Chalabi shows Ritter a document, “The Military Plan.” Chalabi says: “This was written for me by Gen. Wayne Downing. I believe you know him from Operation Desert Storm.” Downing had been a Special Forces commander during the 1991 Gulf War; Ritter had worked with Downing’s unit in preventing Iraqi missile launches at Israel (see January 17, 1991). Downing has crafted a plan (see Late 1998) that calls for the US to train and arm several thousand INC fighters who would operate out of bases in western Iraq, out of Hussein’s control. They would fight from light vehicles armed with anti-tank missile launchers, and would rely on support from local tribes in the area, particularly the al-Duleimi in and around Ramadi and Anbar. Ritter is dubious, knowing that the al-Duleimi have provided many of Hussein’s best soldiers. Chalabi is unworried about their support, and tells Ritter, “My people have already had discussions with the tribal leaders of the al-Duleimi, who are ready to join us once we get situated on the ground.” Ritter then objects to Downing’s inclusion of US military advisers and US warplanes, both directly supporting and perhaps even fighting alongside the INC troops. “We don’t operate like that,” Ritter objects. “If we have forces on the ground, then we’ll need to have a base, with a base support element, and base security, and a quick-reaction force in case some of our boys get in trouble. The US presence would have to be much greater than what you’re saying here.” Chalabi merely smiles. “That may be so,” he says, “but we don’t have to highlight it at this time.” Ritter later observes: “The ‘Downing Plan’ was a nice bit of trickery, plotting what was ostensibly an Iraqi opposition military force with minor US military involvement, but masking what was in reality a much larger US military effort with a minor role played by Chalabi’s INC ‘army.’” Ritter is now thoroughly alarmed.
'My Friend Ahmed' - The small group is joined by Danielle Pletka, Rademaker’s wife and a staunchly conservative staffer on the Senate Foreign Relations Committee, and former CIA director James Woolsey. Over dinner, the group moves from discussing the military plans for overthrowing Hussein to a broader discussion of Chalabi’s political future. Woolsey, a vocal supporter of Chalabi, has no patience with the CIA’s objections to earlier actions by Chalabi and the INC (see January 1996). “This [criticism] is all bunk,” Woolsey says. “Chalabi is an Iraqi patriot and visionary who intimidates many lesser thinkers in Langley. My friend Ahmed is a risk taker who understands the reality of Iraq, unlike the desk-bound analysts and risk-averse operators at the CIA. Chalabi scares these people, so they have created false accusations in order to denigrate him and ultimately destroy him.” Pletka agrees: “We cannot allow this to happen. Ahmed Chalabi has many friends in Congress, and it is our goal to make sure Ahmed Chalabi gets the support he needs to not only survive as a viable opposition figure to Saddam Hussein but more importantly to prevail in Iraq.” Ritter is increasingly uncomfortable with what he will later call “a political strategy session.” It is clear, Ritter will write, “that Chalabi was being groomed for another run at power” (see March 1995).
Recruitment - According to Ritter, Chalabi suggests that Ritter would be very helpful to his organization, and Chalabi could be helpful to Ritter in return. “I have many friends here in Washington,” Chalabi says over breakfast. “With what you know about Saddam Hussein’s weapons of mass destruction, you can be of invaluable assistance to our cause. The VX story is but the tip of the iceberg.” Ritter will describe himself as “taken aback,” since he never told Chalabi about the VX lab report. Ritter replies: “Well, I am just a simple weapons inspector. In any event, it wouldn’t go over well back at the UN to have an UNSCOM inspector plotting regime change down in Washington, DC.” Then, locking eyes with Chalabi, Ritter says: “This is why you must be very discreet about the VX lab report. It simply won’t do for you to have your fingerprints on this information.” Chalabi smilingly replies: “I understand completely. As for your status as a weapons inspector, you must understand that those days are nearly gone. The inspection process has run its course. You need to think about what you are going to be doing in the future. I would like you to work for me.” Ritter objects, noting that an American citizen can’t be involved in plots to overthrow heads of foreign nations. Chalabi corrects Ritter: “You wouldn’t be working for me, but for the US Senate. My friends would create an advisory position for you, and you would in turn advise me. It wouldn’t pay much upfront. But don’t worry. One day I will be the president of Iraq, and will be in control of Iraq’s oil. When that day comes, I will not forget those who helped me in my time of need. Let’s just say that my friends will be given certain oil concessions that will make them very wealthy.”
Meeting with the Senator - Chalabi’s butler drives Ritter to meet with Pletka at the Capitol Building; the two go to the office of Senator Sam Brownback (R-KS), who is fully aware of the VX lab report. Brownback is angry that the Clinton administration is reluctant to fully assist the UNSCOM inspectors. “This will not stand,” he tells Ritter. “Believe me when I say you and your colleagues have friends here in the US Senate who will make sure America honors its commitments and obligations, especially when it comes to disarming a cruel tyrant such as Saddam Hussein.” Afterwards, Ritter and Pletka are joined by Rademaker in the Senate cafeteria, who says he has the ear of several influential Congressmen. “We’ve got their attention,” Rademaker says, “and I think you’ll find that serious pressure will be brought on the Clinton administration to better support your work.” Pletka and Ritter then meet Lott and Scheunemann again; Scheunemann once again asks Ritter for his future collaboration. Lott reassures Ritter that there would be no legal or ethical conflicts: “Well, maybe we can find a way to bring you down here working for us. That might be the most useful thing to do.” Leaving the Senate building, Ritter muses that “Chalabi’s schemes seemed to have some substance behind them.”
Long-Term Ramifications - Butler will drastically revise his report to the UN Security Council, and the news of a “major breakthrough” in disarmament work with the Iraqis is shelved. The Clinton administration will issue statesments publicly supporting the UNSCOM inspectors, undercutting behind-the-scenes attempts by National Security Adviser Sandy Berger and Secretary of State Madeleine Albright to have the US pull back from blanket support of the inspections. Conservative Republicans will rally around the cause of Iraqi duplicity; Scheunemann will use the VX report to drum up support for the Iraqi Liberation Act, which will pass several months after Ritter’s dinner with Chalabi (see October 31, 1998). And Chalabi and the INC will become the leading candidates for replacing Hussein. Reflecting on Chalabi’s prominence in the Post report, Ritter will write, “After watching the Republicans build up Chalabi, I should have known that they could not have passed up this opportunity to interject his name into the limelight.”
Iraqis Truthful about VX - Later evidence and inspection findings show that the Iraqi scientists had been truthful: they had never succeeded in stabilizing VX, and had never filled any warheads with the nerve toxin. The lab results are later shown to be severely flawed. Ritter will write, “In the end, I was wrong to have pushed so hard to have the lab results made public.” [New Yorker, 6/7/2004; TruthDig, 3/17/2008]

Entity Tags: Washington Post, Stephen Rademaker, Wayne Downing, United Nations Special Commission, Sandy Berger, Trent Lott, Samuel Brownback, Scott Ritter, Richard Butler, Ahmed Chalabi, Central Intelligence Agency, Clinton administration, Danielle Pletka, Francis Brooke, James Woolsey, Randy Scheunemann, Iraqi National Congress, Max Singer, Madeleine Albright, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Former President Bush secretly invites two people to his Kennebunkport, Maine, compound: his son George W. Bush, and Condoleezza Rice, a longtime protege of his close friend and colleague Brent Scowcroft. Rice had been the elder Bush’s assistant on Soviet affairs from 1989 to 1991, and later became provost of Stanford University. Rice and the younger Bush spend many hours discussing foreign affairs, with Rice attempting to tutor him about the fundamentals of US relations with a host of other countries and regions. “We talked a lot about America’s role in the world,” Rice will recall. Bush “was doing due diligence on whether or not to run for president.” Rice will become “foreign policy coordinator” to the nascent Bush campaign. [Dubose and Bernstein, 2006, pp. 117; Unger, 2007, pp. 160]

Entity Tags: Condoleezza Rice, George Herbert Walker Bush, George W. Bush

Timeline Tags: US International Relations

Cover of ‘A World Transformed.’Cover of ‘A World Transformed.’ [Source: Bookpage (.com)]Former president George H. W. Bush and his close colleague, former National Security Adviser Brent Scowcroft, publish a book entitled A World Transformed. Recalling the 1991 Gulf War (see January 16, 1991 and After), Bush and Scowcroft defend their decision not to enter Baghdad and overthrow the dictatorship of Saddam Hussein, calling it the proper and pragmatic thing to do. They do admit, however, that they were certain Hussein would shortly be overthrown by an internal revolution sparked by the crushing defeat of his military. [New York Times, 9/27/1998]
US Might Still Occupy Hostile Iraq Eight Years Later - “Trying to eliminate Saddam… would have incurred incalculable human and political costs,” they write. “We would have been forced to occupy Baghdad and, in effect, rule Iraq… there was no viable ‘exit strategy’ we could see, violating another of our principles. Furthermore, we had been consciously trying to set a pattern for handling aggression in the post-Cold War world. Going in and occupying Iraq, thus unilaterally exceeding the United Nations’ mandate, would have destroyed the precedent of international response to aggression that we hoped to establish. Had we gone the invasion route, the United States could conceivably still be an occupying power in a bitterly hostile land.” [Wilson, 2004, pp. 314-315]
Younger Bush Disagrees with Assessments - Bush’s son, Texas Governor George W. Bush, preparing for his own presidential run (see April-May 1999), explicitly disagrees with the book’s assessments of US actions during and after the 1991 Gulf War. According to Mickey Herskowitz, the writer working on Bush’s campaign biography, “He thought of himself as a superior, more modern politican than his father and [the elder Bush’s close adviser and friend] Jim Baker. He told me, ‘[My father] could have done anything [during the Gulf War]. He could have invaded Switzerland. If I had that political capital, I would have taken Iraq.” [Unger, 2007, pp. 169]

Entity Tags: Saddam Hussein, George W. Bush, George Herbert Walker Bush, Brent Scowcroft, Mickey Herskowitz, James A. Baker

Timeline Tags: Events Leading to Iraq Invasion, US International Relations

President Clinton signs the Iraq Liberation Act of 1998 (ILA) into law. The act, which passed with overwhelming support from Democrats and Republicans in both the House and Senate, was written by Trent Lott (R-MS) and other Republicans with significant input from Ahmed Chalabi and his aide, Francis Brooke. [US Congress, 10/31/1998 pdf file; Washington Post, 1/25/2002; New Yorker, 6/7/2004] (Former Defense Intelligence Agency official Patrick Lang will later write that one of the driving goals behind the ILA is to revive the failed 1995 coup plans against Saddam Hussein, called “End Game”—see November 1993.) [Middle East Policy Council, 6/2004] The act makes it “the policy of the United States to support efforts to remove the regime headed by Saddam Hussein from power in Iraq and to promote the emergence of a democratic government to replace that regime.” To that end, the act requires that the president designate one or more Iraqi opposition groups to receive up to $97 million in US military equipment and nonlethal training. The act authorizes another $43 million for humanitarian, broadcasting, and information-collection activities. To be eligible for US assistance, an organization must be “committed to democratic values, to respect for human rights, to peaceful relations with Iraq’s neighbors, to maintaining Iraq’s territorial integrity, and to fostering cooperation among democratic opponents of the Saddam Hussein regime.” [US Congress, 10/31/1998 pdf file; Washington Post, 1/25/2002; New Yorker, 6/7/2004]
Chalabi Receives Millions from State Department - Chalabi’s Iraqi National Congress receives $17.3 million from the State Department to carry out what it calls the “collection and dissemination of information” about Saddam Hussein’s atrocities to the public. It will continue to receive hundreds of thousands per month from the Defense Department as well. [Mother Jones, 4/2006] However, the Clinton administration itself has little use for Chalabi. One administration official will say, “He represents four or five guys in London who wear nice suits and have a fax machine.” [Unger, 2007, pp. 160]
Zinni Warns of Legislation Presaging Military Action - While few in Washington see the ILA as presaging military action against Iraq, one who does is Marine Corps General Anthony Zinni, the commander of CENTCOM. As the bill works its way through Congress, Zinni tells some of his senior staff members that the bill is far more serious than most believe. It is much more than a sop for the pro-war crowd, Zinni believes, but in reality a first step towards an invasion of Iraq. In 2004, former ambassador Joseph Wilson will write, “He was, of course, right, but few were listening.” [Wilson, 2004, pp. 290]

Entity Tags: Patrick Lang, Francis Brooke, Iraqi National Congress, Clinton administration, US Department of State, Trent Lott, Ahmed Chalabi, US Department of Defense, William Jefferson (“Bill”) Clinton

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

A number of neoconservatives, led by retired General Wayne Downing (see 1990-1991) and retired CIA officer Duane “Dewey” Clarridge (see December 25, 1992), use the recently passed Iraqi Liberation Act (ILA—see October 31, 1998) to revive the failed “End Game” coup plans against Saddam Hussein (see November 1993 and March 1995). Both Downing and Clarridge are “military consultants” to Ahmed Chalabi’s Iraqi National Congress, who attempted to carry out the coup in 1995 with dismal results. Downing and Clarridge produce an updated version of the INC’s “End Game” scenario, calling it “The Downing Plan.” The Downing scenario varies very little from the original plan. Their plan stipulates that a “crack force” of 5,000 INC fighters, backed up by a detachment of US Special Forces soldiers, could bring down the Iraqi Army. Clarridge later tells reporters: “The idea from the beginning was to encourage defections of Iraqi units. You need to create a nucleus, something for people to defect to. If they could take Basra, it would be all over.” Former Defense Intelligence Agency official Patrick Lang will later write, “It is difficult to understand how a retired four-star Army general [Downing] could believe this to be true.” General Anthony Zinni, commander of CENTCOM, which has operational control of US combat forces in the Middle East, is provided with a copy of Chalabi’s military plan to overthrow Saddam Hussein. “It got me pretty angry,” he later recalls. He warns Congress that Chalabi’s plan is a “pie in the sky, a fairy tale,” and predicts that executing such a poorly envisioned assault would result in a “Bay of Goats.” Chalabi’s INC is nothing more than “some silk-suited, Rolex-wearing guys in London;” neither the INC nor any of the other 91 or so Iraqi opposition groups have anywhere near “the viability to overthrow Saddam.” He tells the New Yorker: “They were saying if you put a thousand troops on the ground Saddam’s regime will collapse, they won’t fight. I said, ‘I fly over them every day, and they shoot at us. We hit them, and they shoot at us again. No way a thousand forces would end it.’ The exile group was giving them inaccurate intelligence. Their scheme was ridiculous.” Zinni earns the enmity of the neoconservative developers of the plan for his stance. [Middle East Policy Council, 6/2004; New Yorker, 6/7/2004]

Entity Tags: Wayne Downing, Patrick Lang, Saddam Hussein, Ahmed Chalabi, Anthony Zinni, US Congress, Duane Clarridge, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

Secretary of State Madeleine Albright confirms that the Clinton administration now endorses “regime change” in Iraq, essentially supporting the ouster of Saddam Hussein (see October 31, 1998). Merely containing Hussein, adds National Security Adviser Sandy Berger, “is not sustainable over the long run.” [Roberts, 2008, pp. 121]

Entity Tags: Clinton administration, Sandy Berger, Saddam Hussein, Madeleine Albright

Timeline Tags: Events Leading to Iraq Invasion

Gary Schmitt.Gary Schmitt. [Source: Think Progress (.org)]Prominent neoconservative Abram Shulsky, who worked under former Senator Henry “Scoop” Jackson (see Early 1970s), joins fellow neoconservative Gary Schmitt, the founder of the Project for the New American Century (PNAC - see January 26, 1998), in penning an essay called “Leo Strauss and the World of Intelligence.” Both are Strauss proteges, having studied under him at the University of Chicago. Strauss is considered an intellectual guiding light for neoconservative philosophy. Strauss, as Shulsky and Schmitt write, believed that all intelligence work essentially boils down to deception and counterdeception, as much with the governments and citizenry an intelligence agency ostensibly serves as with an enemy government or organization. Strauss viewed intelligence as a means for policymakers to attain and justify policy goals, not to describe the realities of the world. Intelligence is “the art of deception,” Strauss taught. Shulsky will go on to implement Strauss’s views in his work with the Office of Special Plans (see September 2002). [Middle East Policy Council, 6/2004]

Entity Tags: Henry (“Scoop”) Jackson, Gary Schmitt, University of Chicago, Abram Shulsky, Leo Strauss, Office of Special Plans, Project for the New American Century

Timeline Tags: Neoconservative Influence

President Clinton signs Presidential Decision Directive (PDD) 99-13 designating seven Iraqi opposition groups as being eligible to receive US federal funds under the 1998 Iraq Liberation Act (see October 31, 1998). The act stated that the policy of the US should be to support regime change in Iraq. The seven groups include the Iraqi National Accord, the Iraqi National Congress, the Islamic Movement of Iraqi Kurdistan, the Kurdistan Democratic Party, the Movement for Constitutional Monarchy, the Patriotic Union of Kurdistan, and the Supreme Council for the Islamic Revolution in Iraq. [White House, 2/4/1999]

Entity Tags: Kurdistan Democratic Party, Patriotic Union of Kurdistan, Supreme Council for the Islamic Revolution in Iraq, Movement for Constitutional Monarchy, William Jefferson (“Bill”) Clinton, Iraqi National Congress, Islamic Movement of Iraqi Kurdistan, Iraqi National Accord

Timeline Tags: Events Leading to Iraq Invasion

Congress allocates $10 million “to support efforts to bring about political transition in Iraq, of which not less than $8 million shall be made available only to Iraqi opposition groups designated under the ILA [Iraq Liberation Act of 1998] for political, economic humanitarian, and other activities of such groups, and not more than $2 million may be made available for groups and activities seeking the prosecution of Saddam Hussein and other Iraqi Government officials for war crimes.” President Clinton signs the appropriation bill into law on November 29. [US Congress, 11/29/1999 pdf file] This $10 million dollars is the first allocation of funds to Iraqi opposition groups out of the total $97 million that was authorized by the 1998 Iraq Liberation Act (see October 31, 1998).

Entity Tags: William Jefferson (“Bill”) Clinton, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

The State Department begins funding the Iraqi National Congress’ “information collection” program to the tune of $150,000 per month. The program is part of the US government’s larger goal of effecting a regime change in Iraq (see October 31, 1998). According to the agreement between the State Department and the INC, the group is permitted to use the money to “implement a public information campaign to communicate with Iraqis inside and outside of Iraq and also to promulgate its message to the international community at large.” The INC is prohibited from engaging in activities “associated with, or that could appear to be associated with, attempting to influence the policies of the United States Government or Congress or propagandizing the American people.” But according to Francis Brooke, an INC spokesman, some of the State Department’s funds are used to finance the expenses of Iraqi defectors who serve as the sources for several US news stories. Brookes claims that there are “no restrictions” on the use of US federal funds to make defectors available to the media. Another Chalabi spokesman will say: “The INC paid some living and travel expenses of defectors with USG funds. None of these expenses was related to meeting journalists.” He adds that the INC “did not violate any US laws.” [Newsweek, 4/5/2004]

Entity Tags: Francis Brooke, US Department of State, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

Ahmed Chalabi of the Iraqi National Congress, who has plotted for years to overthrow Saddam Hussein (see May 1991, 1992-1996, November 1993, and March 1995), exults over the selection of former Defense Secretary Dick Cheney as George W. Bush’s presidential running mate. “Cheney is good for us,” Chalabi says. [New Republic, 11/20/2003]

Entity Tags: Ahmed Chalabi, Richard (“Dick”) Cheney, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

People involved in the 2000 PNAC report (from top left): Vice
President Cheney, Florida Governor Jeb Bush, Defense Secretary Rumsfeld,
Deputy Defense Secretary Paul Wolfowitz, Cheney Chief of Staff I. Lewis
Libby, Undersecretary of State John Bolton, Undersecretary of Defense Dov
Zakheim, and author Eliot Cohen.
People involved in the 2000 PNAC report (from top left): Vice President Cheney, Florida Governor Jeb Bush, Defense Secretary Rumsfeld, Deputy Defense Secretary Paul Wolfowitz, Cheney Chief of Staff I. Lewis Libby, Undersecretary of State John Bolton, Undersecretary of Defense Dov Zakheim, and author Eliot Cohen. [Source: Public domain]The neoconservative think tank Project for the New American Century writes a “blueprint” for the “creation of a ‘global Pax Americana’” (see June 3, 1997). The document, titled Rebuilding America’s Defenses: Strategies, Forces and Resources for a New Century, was written for the George W. Bush team even before the 2000 presidential election. It was written for future Vice President Cheney, future Defense Secretary Rumsfeld, future Deputy Defense Secretary Paul Wolfowitz, Florida Governor and Bush’s brother Jeb Bush, and Cheney’s future chief of staff Lewis Libby. [Project for the New American Century, 9/2000, pp. iv and 51 pdf file]
Plans to Overthrow Iraqi Government - The report calls itself a “blueprint for maintaining global US preeminence, precluding the rise of a great power rival, and shaping the international security order in line with American principles and interests.” The plan shows that the Bush team intends to take military control of Persian Gulf oil whether or not Saddam Hussein was in power and should retain control of the region even if there is no threat. It says: “The United States has for decades sought to play a more permanent role in Gulf regional security. While the unresolved conflict with Iraq provides the immediate justification, the need for a substantial American force presence in the Gulf transcends the issue of the regime of Saddam Hussein.” The report calls for the control of space through a new “US Space Forces,” the political control of the internet, the subversion of any growth in political power of even close allies, and advocates “regime change” in China, North Korea, Libya, Syria, Iran and other countries. It also mentions that “advanced forms of biological warfare that can ‘target’ specific genotypes may transform biological warfare from the realm of terror to a politically useful tool” (see February 7, 2003). [Project for the New American Century, 9/2000 pdf file; Sunday Herald (Glasgow), 9/7/2002]
Greater Need for US Role in Persian Gulf - PNAC states further: “The United States has for decades sought to play a more permanent role in Gulf regional security. While the unresolved conflict with Iraq provides the immediate justification, the need for a substantial American force presence in the Gulf transcends the issue of the regime of Saddam Hussein.”
'US Space Forces,' Control of Internet, Subversion of Allies - PNAC calls for the control of space through a new “US Space Forces,” the political control of the Internet, and the subversion of any growth in political power of even close allies, and advocates “regime change” in China, North Korea, Libya, Syria, Iran, and other countries.
Bioweapons Targeting Specific Genotypes 'Useful' - It also mentions that “advanced forms of biological warfare that can ‘target” specific genotypes may transform biological warfare from the realm of terror to a politically useful tool.”
'A New Pearl Harbor' - However, PNAC complains that thes changes are likely to take a long time, “absent some catastrophic and catalyzing event—like a new Pearl Harbor.” [Los Angeles Times, 1/12/2003]
Bush Will Claim a 'Humble' Foreign Policy Stance - One month later during a presidential debate with Al Gore, Bush will assert that he wants a “humble” foreign policy in the Middle East and says he is against toppling Saddam Hussein in Iraq because it smacks of “nation building” (see October 11, 2000). Around the same time, Cheney will similarly defend Bush’s position of maintaining President Clinton’s policy not to attack Iraq, asserting that the US should not act as though “we were an imperialist power, willy-nilly moving into capitals in that part of the world, taking down governments.” [Washington Post, 1/12/2002] Author Craig Unger will later comment, “Only a few people who had read the papers put forth by the Project for a New American Century might have guessed a far more radical policy had been developed.” [Salon, 3/15/2004] A British member of Parliament will later say of the PNAC report, “This is a blueprint for US world domination—a new world order of their making. These are the thought processes of fantasist Americans who want to control the world.” [Sunday Herald (Glasgow), 9/7/2002] Both PNAC and its strategy plan for Bush are almost virtually ignored by the media until a few weeks before the start of the Iraq war (see February-March 20, 2003).

The book <i>Study of Revenge.</i>The book Study of Revenge. [Source: Public domain]Laurie Mylroie, a researcher who held faculty positions at Harvard and the US Naval War College, publishes the book Study of Revenge: Saddam Hussein’s Unfinished War Against America. She argues that the Iraqi government was behind the 1993 WTC bombing. The book is published by the American Enterprise Institute (AEI), a prominent neoconservative think tank, and her book has strong support from many important neoconservatives.
Lauded by Neoconservatives - Richard Perle calls the book “splendid and wholly convincing,” while Paul Wolfowitz calls it a “provocative and disturbing book.” Former CIA Director James Woolsey says, “Anyone who wishes to continue to deal with Saddam [Hussein] by ignoring his role in international terrorism…and by giving only office furniture to the Iraqi resistance now has the staggering task of trying to refute this superb work.” In her acknowledgements, she thanks John Bolton, I. Lewis Libby, and Wolfowitz for their support and help in writing the book. All of them will go on to take prominent positions in the Bush administration.
Mylroie's Theories Discredited - But war correspondent and terrorism expert Peter Bergen will later comment, “Mylroie became enamored of her theory that Saddam was the mastermind of a vast anti-US terrorist conspiracy in the face of virtually all evidence and expert opinion to the contrary. In what amounts to the discovery of a unified field theory of terrorism, Mylroie believes that Saddam was not only behind the ‘93 Trade Center attack, but also every anti-American terrorist incident of the past decade…” Bergen will continue, “[B]y the mid-‘90s, the Joint Terrorism Task Force in New York, the FBI, the US Attorney’s office in the Southern District of New York, the CIA, the NSC, and the State Department had all found no evidence implicating the Iraqi government in the first Trade Center attack.” Bergen will comment that normally a book like this would not have mattered, except that the neoconservatives “believed her theories, bringing her on as a consultant at the Pentagon, and they seem to continue to entertain her eccentric belief that Saddam is the fount of the entire shadow war against America.” [Washington Monthly, 12/2003; Unger, 2007, pp. 216]
No Credible Evidence of Iraqi Involvement in WTC Bombing - The book will be used as a lodestar of neoconservative thought when terrorists launch the 9/11 attacks, when neoconservatives inside and outside the Bush administration will pin the blame for the attacks on Iraq (see September 13, 2001). [Unger, 2007, pp. 216] In 2004, the 9/11 Commission will conclude, “We have found no credible evidence to support theories of Iraqi government involvement in the 1993 WTC bombing.” [9/11 Commission, 7/24/2004, pp. 559]

Entity Tags: Paul Wolfowitz, Peter Bergen, Richard Perle, Saddam Hussein, Laurie Mylroie, John R. Bolton, American Enterprise Institute, 9/11 Commission, Lewis (“Scooter”) Libby, James Woolsey

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Neoconservative Influence

During the first presidential debate between George W. Bush (R-TX) and Al Gore (D-TN), Bush accuses Gore of advocating a policy of aggressive foreign interventionism, a policy Gore does not support, but which Bush does (see December 2, 1999 and Spring 2000). “The vice president and I have a disagreement about the use of troops,” Bush says. “He believes in nation-building. I would be very careful about using our troops as nation builders” (see March 19, 2003). (Apparently, Bush is conflating the idea of foreign interventionism with the concept of nation building, two somewhat different concepts.) [Unger, 2007, pp. 175-176] Bush will reiterate the claim in the next presidential debate (see October 11, 2000).

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: Events Leading to Iraq Invasion, US International Relations

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