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Context of 'January 23, 2009: Columnist: ‘I am Beginning to Recognize My Country Again’'

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Salon columnist and media observer Eric Boehlert notes that while the White House has specifically, and emphatically, denied Karl Rove leaked the CIA identity of Valerie Plame Wilson (see September 29, 2003), it has not yet given such coverage to Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney. Circumstantial evidence that the White House may be leaving Libby to, in Boehlert’s words, “twist in the wind” is mounting. The New York Daily News has reported that “Democratic Congressional sources said they would like to hear from… Lewis Libby.” On MSNBC, an administration critic, former counterterrorism official Larry Johnson, who says he knows who the leaker is, would not deny it was Libby. And Senator Chuck Hagel has implied that the leak originated from the vice president’s office when he said that President Bush needs to sit down with Cheney and “ask… what he knows about it.” A former senior CIA officer says, “Libby is certainly suspect No. 1.” Even Cheney’s own spokeswoman, Cathie Martin, refuses to deny Libby’s involvement, saying only, “This is a serious matter and we shouldn’t be speculating in light of an ongoing investigation.” Boehlert notes that conservative columnist Robert Novak, who outed Plame Wilson in one of his columns (see July 14, 2003), has dropped several hints about his primary source that point (inconclusively) to Libby. Novak’s assertion that his source is “no partisan gunslinger” (see October 1, 2003) is a better characterization of Libby than of Rove. Since Novak has referred to his source as “he,” the source cannot be National Security Adviser Condoleezza Rice or any other White House female. Most interestingly, Boehlert notes, Novak was never looking for Plame Wilson’s identity when he spoke with his sources in July 2003. Rather, he wanted to know why former ambassador Joseph Wilson was chosen to go to Niger (see Shortly after February 13, 2002 and February 21, 2002-March 4, 2002). The logical place for Novak to begin such an inquiry, Boehlert writes, was Cheney’s office. Wilson believed Cheney was primarily, if indirectly, responsible for sending him to Niger (see (February 13, 2002)). Time magazine ran a story that revealed Libby was talking to reporters about Wilson (see July 17, 2003). And Boehlert notes other, less significant clues that add incrementally to the evidence showing that Libby might well have been Novak’s source. Finally, Boehlert comes back to Larry Johnson. Johnson confirmed for PBS that Plame Wilson was an undercover CIA agent and not merely an “analyst,” as Novak has asserted. He recently said flatly on MSNBC, “I know the name of the person that spoke with Bob Novak,” and that person works “at the White House,” and more specifically, “in the Old Executive Office Buildings.” Cheney’s office is located inside the Old Executive Office Building. Johnson was asked by co-host Pat Buchanan: “Scooter Libby. Now, is Scooter Libby the name you heard?” Johnson replied, “I’m not going to comment on that.” [Salon, 10/3/2003] The day after Boehlert’s column appears, White House press secretary Scott McClellan gives reporters the same assurance about Libby that he gave to Rove (see October 4, 2003).

Entity Tags: Larry C. Johnson, Catherine (“Cathie”) Martin, Bush administration (43), Chuck Hagel, Karl C. Rove, Lewis (“Scooter”) Libby, Robert Novak, Eric Boehlert, Office of the Vice President, Valerie Plame Wilson, Patrick Buchanan, Richard (“Dick”) Cheney

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Jack Goldsmith succeeds Jay Bybee as the head of the Justice Department’s Office of Legal Counsel (OLC). The OLC essentially performs two functions: advising the executive branch on the legal limits of presidential power, and crafts legal justifications for the actions of the president and the executive branch. Goldsmith, who along with fellow Justice Department counsel and law professor John Yoo, is seen as one of the department’s newest and brightest conservative stars. But instead of aiding the Bush administration in expanding the power of the executive branch, Goldsmith will spend nine tumultuous months battling the White House on issues such as the NSA’s warrantless wiretapping program, the administration’s advocacy of torture in the interrogation of terrorism suspects, and the extralegal detention and military tribunals of “enemy combatants.” Goldsmith will find himself at odds with Yoo, the author of two controversial OLC memos that grant the US government wide latitude in torturing terror suspects (see January 9, 2002 and August 1, 2002), with White House counsel and future attorney general Alberto Gonzales, and with the chief aide to Vice President Dick Cheney, David Addington, who along with Cheney is one of the strongest advocates of the so-called “unitary executive” theory of governance, which says the president has virtually unlimited powers, especially in the areas of national security and foreign policy, and is not always subject to Congressional or judicial oversight. Within hours of Goldsmith’s swearing-in, Goldsmith receives a phone call from Gonzales asking if the Fourth Geneva Convention, which protects civilians in war zones such as Iraq, covers terrorists and insurgents as well. Goldsmith, after intensive review with other lawyers in and out of the Justice Department, concludes that the conventions do indeed apply. Ashcroft concurs. The White House does not. Goldsmith’s deputy, Patrick Philbin, says to Goldsmith as they drive to the White House to meet with Gonzales and Addington, “They’re going to be really mad. They’re not going to understand our decision. They’ve never been told no.” Philbin’s prediction is accurate; Addington is, Goldsmith recalls, “livid.” The physically and intellectually imposing Addington thunders, “The president has already decided that terrorists do not receive Geneva Convention protections. You cannot question his decision.” Addington refuses to accept Goldsmith’s explanations. Months later, an unmollified Addington will tell Goldsmith in an argument about another presidential decision, “If you rule that way, the blood of the hundred thousand people who die in the next attack will be on your hands.” These initial encounters set the tone for Goldsmith’s stormy tenure as head of the OLC. Goldsmith will lead a small group of administration lawyers in what New York Times Magazine reporter Jeffrey Rosen calls a “behind-the-scenes revolt against what [Goldsmith] considered the constitutional excesses of the legal policies embraced by his White House superiors in the war on terror,” Goldsmith will resign in June of 2004 (see June 17, 2004). [New York Times Magazine, 9/9/2007]

Entity Tags: Richard (“Dick”) Cheney, US Department of Justice, Office of Legal Counsel (DOJ), John C. Yoo, Jack Goldsmith, David S. Addington, Alberto R. Gonzales, National Security Agency, Jay S. Bybee, John Ashcroft, Jeffrey Rosen

Timeline Tags: Civil Liberties

Amjed Isail Waleed arrives at Abu Ghraib and is designated a high-value detainee and assigned number 151365. [US Department of Defense, 8/23/2004 pdf file] He is immediately taken to the Hard Site and beaten by MPs. [Rolling Stone, 7/28/2004] Guards “put me in a dark room and started hitting me in the head and stomach and legs,” he later testifies. [Rolling Stone, 7/28/2004] He is then forced to strip and for five days he is left naked in his cell [Washington Post, 5/21/2004] where he is cuffed in stressful positions, a treatment known as “high cuffed.” [US Department of Defense, 8/23/2004 pdf file] He is also forced to kneel with a bag over his head for four hours, denied bedding or blankets, [Washington Post, 5/21/2004] and chained to a window in his cell and forced to wear women’s underwear on his head. [US Department of Defense, 8/23/2004 pdf file] One time a soldier slams Waleed’s head against the wall, causing the hood he is wearing to fall off. “One of the police was telling me to crawl, in Arabic, so I crawled on my stomach, and the police were spitting on me when I was crawling and hitting me on my back, my head, and my feet. It kept going on until their shift ended at four o’clock in the morning. The same thing would happen in the following days.” Later, one day in November, five soldiers take him into a room, put a bag over his head and begin to beat him up. “I could see their feet, only, from under the bag.… Some of the things they did was make me sit down like a dog, and they would hold the string from the bag, and they made me bark like a dog, and they were laughing at me.” [Rolling Stone, 7/28/2004] A civilian interpreter, hired from Titan Corp., at one time hits him so hard, that he cuts his ear badly enough to require stitches. After several beatings that are so severe that he loses consciousness, he is forced to lie on the ground, while MPs jump onto his back and legs. [US Department of Defense, 8/23/2004 pdf file] “One of the police was pissing on me and laughing at me.” [Rolling Stone, 7/28/2004] Another day he is allegedly grabbed by US soldiers who hold him down and spread his legs. Another soldier meanwhile starts to open his trousers. “I started screaming,” he recalls. A soldier steps on his head. [Washington Post, 5/21/2004] He is also beaten with a broom. [US Department of Defense, 8/23/2004 pdf file] Someone breaks a chemical light and pours the liquid over his body, which is witnessed by another detainee. “I was glowing and they were laughing,” he says. [Washington Post, 5/21/2004] He is then taken to another room where a police baton is used to sodomize him. “And one of the police, he put a part of his stick that he always carries inside my ass, and I felt it going inside me about two centimeters, approximately. And I started screaming, and he pulled it out and he washed it with water inside the room.” [Rolling Stone, 7/28/2004] In the meantime, two female MPs are hitting him, throwing a ball at his penis, and taking photographs. [US Department of Defense, 8/23/2004 pdf file] “And the two American girls that were there when they were beating me, they were hitting me with a ball made of sponge on my dick. And when I was tied up in my room, one of the girls, with blond hair, she is white, she was playing with my dick. I saw inside this facility a lot of punishment just like what they did to me and more. And they were taking pictures of me during all these instances.” [Rolling Stone, 7/28/2004] Over the next few months, Waleed is subjected to six interrogations. Maj. George R. Fay (see August 25, 2004) will later conclude after an investigation into treatment of detainees at Abu Ghraib, “It is highly probable [the detainee’s] allegations are true.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Amjed Isail Waleed, Titan

Timeline Tags: Torture of US Captives

On camera, PBS producer Martin Smith asks Iraqi National Congress chief Ahmed Chalabi to produce “documentary evidence of any kind” that proves his contention that Iraq and al-Qaeda have ties (see November 6-8, 2001 and February 5, 2003). Chalabi promises to deliver a document showing “money changing hands between Saddam Hussein’s government and al-Qaeda,” but never produces such a document. [Rich, 2006, pp. 106]

Entity Tags: Ahmed Chalabi, Saddam Hussein, Martin Smith, Al-Qaeda

Timeline Tags: Events Leading to Iraq Invasion

The Washington Post publishes the second of its “1x2x6” articles (see September 28, 2003), based on the idea that one anonymous whistleblower says two White House officials have leaked the identity of CIA official Valerie Plame Wilson to six journalists. (The “1x2x6” moniker will be coined in 2006 by, among others, author and blogger Marcy Wheeler.) The article focuses on the FBI’s scrutiny of the events of June 2003, “when the CIA, the White House, and Vice President Cheney’s office first were asked about former ambassador Joseph C. Wilson IV’s CIA-sponsored trip to Niger” (see February 21, 2002-March 4, 2002). The FBI “investigators are examining not just who passed the information to [conservative columnist Robert] Novak (see July 14, 2003) and other reporters but also how Plame [Wilson]‘s name may have first become linked with Wilson and his mission, who did it, and how the information made its way around the government.” Administration sources tell the Post that the officials who discussed Plame Wilson with reporters (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003) were not trying to expose her as a CIA official so much as they were trying to imply that she sent her husband on a “junket” to Niger and thusly discredit Wilson. “The officials wanted to convince the reporters that he had benefited from nepotism in being chosen for the mission,” the Post reports. The administration tried well before the Novak column to convince journalists that Wilson’s findings in Niger (see July 6, 2003) were not important (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006). The anonymous “1x2x6” source stands by the claims he or she made for the previous Post article. [Washington Post, 10/12/2003; Marcy Wheeler, 8/29/2006] Three years later, Novak will identify White House press aide Adam Levine as the “1x2x6” source (see October 16, 2006).

Entity Tags: Adam Levine, Valerie Plame Wilson, Office of the Vice President, Bush administration (43), Washington Post, Central Intelligence Agency, Marcy Wheeler, Federal Bureau of Investigation, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Amnesty International publishes a report stating that it believes that “the totality of conditions” in which “most” of the detainees at Guantanamo are being held may itself amount to cruel, inhuman, or degrading treatment. Amnesty notes that the Committee against Torture, established to oversee implementation of the Convention against Torture (see October 21, 1994), “has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman or degrading treatment.” [Amnesty International, 10/20/2003]

Entity Tags: Amnesty International

Timeline Tags: Torture of US Captives

Prosecutor Patrick Fitzgerald testifies before the Senate Committee on the Judiciary about post-9/11 legislative changes, and says that the removal of the “wall” was a significant step forward for US counterintelligence. The wall was a set of procedures which regulated the passage of intelligence information within the FBI and from the FBI to prosecutors (see July 19, 1995). Fitzgerald says the removal of the wall represented “the single greatest change that could be made to protect our country.” He cites four cases that he says are examples of how the wall and other such obstacles have hampered counterterrorism efforts:
bullet The arrest of Ali Mohamed. Fitzgerald claims it would have been “far less difficult” to arrest al-Qaeda operative Ali Mohamed for his involvement in the attacks on US embassies in East Africa (see September 10, 1998) had it not been for the wall. [US Congress, 10/21/2003] However, author Peter Lance will point out, “But Fitzgerald neglected to tell the senators that… prosecutors and FBI agents had been monitoring the bombing cell members for two years or that they’d had multiple face-to-face meetings with Mohamed himself.” Mohamed, who was called a “key figure” in the Day of Terror plot in the US press in early 1995 (see February 3, 1995), had actually met Fitzgerald a year before the arrest and told him that he had trained bin Laden’s bodyguards, lived in bin Laden’s house, loved and believed in bin Laden, and that he didn’t need a fatwa to attack the US, as it was obvious the US was the enemy (see After October 1997). [Lance, 2006, pp. 274-6, 299-300]
bullet The Day of Terror conspiracy. After the partial success of the World Trade Center bombing (see February 26, 1993), the conspirators planned to attack other targets in New York, but were arrested by the FBI, which had penetrated their cell. All of the arrested plotters were successfully convicted. However, Fitzgerald tells the committee, “Prosecutors were in the dark about the details of the plot until very late in the day.” [US Congress, 10/21/2003; Lance, 2006, pp. 118-9]
bullet The Millennium Alert. Fitzgerald says that in 1999, investigations into suspected millennium plots were hampered because “criminal prosecutors received information only in part and with lag time so as not to breach the wall.” All attacks planned for the millennium failed, including one plot to bomb the Los Angeles airport (see December 31, 1999-January 1, 2000).
bullet Sharing Wadih El-Hage’s grand jury interview. In 1997, Al-Qaeda operative El-Hage provided information about bin Laden and his associates to a grand jury. Fitzgerald wanted to pass some of this information along to intelligence investigators (see September 24, 1997) but was unable to because grand jury information cannot be shared with intelligence investigators. To get around this restriction, an FBI agent had to get El-Hage to repeat the information outside the grand jury room. (Note: this example is not directly related to the “wall” under the Foreign Intelligence Surveillance Act, but rather to a similar obstacle governing the passage of information in the opposite direction—from criminal agents to intelligence agents). [US Congress, 10/21/2003]

Entity Tags: Senate Judiciary Committee, Patrick J. Fitzgerald, Federal Bureau of Investigation, Ali Mohamed, Foreign Intelligence Surveillance Act, Peter Lance

Timeline Tags: Complete 911 Timeline

Omar al-Faruq.Omar al-Faruq. [Source: Public domain]In a meeting with Indonesian President Megawati Sukarnoputri, President Bush falsely promises to let Hambali stand trial in Indonesia. Hambali, an Indonesian citizen wanted for a string of attacks in Indonesia, including the 2002 Bali bombings (see October 12, 2002), was recently arrested in Thailand and taken in US custody (see August 12, 2003). White House communications director Dan Bartlett tells reporters that Bush has “committed to work with [the Indonesian authorities] at an appropriate time, that he would work to make sure that Hambali was handed over.” An Indonesian foreign ministry spokesman adds: “Absolutely, Bush promised to hand over Hambali to Indonesia for trial. The only condition is that the process of interrogation (by US agents) has to be completed. Bush said that still needed more time.” The US has been sharing some information from Hambali’s interrogation with Indonesian authorities, but does not allow them to question him directly, allegedly for fear of information leaks. [Associated Press, 10/24/2003] In 2002, the US did allow Indonesian investigators to directly interrogate another Indonesian in US custody, Omar al-Faruq. Ironically, it appears that extensive details of al-Faruq’s interrogation were leaked to the media, but by US officials, not Indonesian ones (see June 5, 2002). The US will not allow Indonesian officials to directly interrogate Hambali during a 2005 trial of his alleged close associate Abu Bakar Bashir, allowing Bashir to go free (see March 3, 2005). In late 2005, Hank Crumpton, a senior State Department official visiting Indonesia, again makes the promise that the US will eventually turn Hambali over to the Indonesian government. [New York Times, 10/19/2005] But in 2006, the US transfers Hambali to the Guantanamo prison with the intention of eventually trying him before a military tribunal (see September 2-3, 2006).

Entity Tags: Hambali, Dan Bartlett, George W. Bush, Hank Crumpton, Megawati Sukarnoputri

Timeline Tags: Complete 911 Timeline

Omar Bakarbashat is quietly deported to Yemen after spending two years in US prisons. Bakarbashat, a Yemeni citizen, was arrested shortly after 9/11 and held as a material witness. He knew and worked with 9/11 hijacker Nawaf Alhazmi at a gas station (see Autumn 2000). He was eventually charged with an immigration violation. He pled guilty to creating phony immigration documents and a Social Security card, and then served a six-month sentence. However, he chose to remain imprisoned so he could fight deportation. But after two years in prison, he gives up and agrees to be deported. According to his lawyer, he is interrogated and briefly jailed in Yemen, and then is let go. After that, he moves to Saudi Arabia. [San Diego Union-Tribune, 5/26/2004] It has been claimed that one day before the 9/11 attacks, Bakarbashat and others appeared to be celebrating the upcoming attacks (see Late August-September 10, 2001).

Entity Tags: Nawaf Alhazmi, Omar Bakarbashat

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lynndie England drags a detainee known as Gus by a leash around the neck. Megan Ambuhl looks on.Lynndie England drags a detainee known as Gus by a leash around the neck. Megan Ambuhl looks on. [Source: Public domain]At the Abu Ghraib prison, three detainees who were photographed naked the day before (see October 24, 2003), are again striped naked, handcuffed together, placed on the ground, and forced to lie on top of each other and simulate sex acts while they are being photographed. This treatment happens, according to a CID (Criminal Investigation Division) investigation, “on several occasions over several days.” Those present or participating in the abuse are the MPs Spc. Charles Graner, Ivan Frederick, Pfc. Lynndie England, and Spc. Sabrina Harman, all of the 372nd MP Company. Also directly involved are three military intelligence soldiers from the 325th Military Intelligence Battalion. Two of the military intelligence soldiers arrive at the Hard Site when the abuse is already taking place. One appears to have known beforehand that something was going to happen. [Washington Post, 5/22/2004] When they arrive, one MP is yelling through a megaphone at the naked detainees, who are forced to crawl on their stomachs and are handcuffed together. Gen. George Fay will later conclude in his report (see August 25, 2004) that this incident “was most likely orchestrated by MP personnel.” On the other hand, England says, “MI [Military Intelligence] Soldiers instructed them [MPs] to rough them up.” One of the most clearly humiliating photographs taken at Abu Ghraib is also dated October 25. It depicts an unidentified naked detainee, nicknamed “Gus,” with a leash around his neck and with the end held by Pfc. England. Spc. Megan Ambuhl is also present, watching. According to England, Cpl. Graner put on the leash and then asked her to pose for the photograph. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Sabrina Harman, Megan Ambuhl, Ivan L. Frederick II, Charles Graner, Lynndie England

Timeline Tags: Torture of US Captives

Former ambassador Joseph Wilson sits down with Jeff Gannon of Talon News to discuss the outing of his wife, Valerie Plame Wilson, as a CIA agent (see July 14, 2003), his trip to Niger that helped debunk the claim that Iraq tried to buy uranium from that country (see February 21, 2002-March 4, 2002 and July 6, 2003), and his concerns over the Iraq war. Wilson is unaware that Gannon is in reality James Guckert, a gay prostitute who moonlights as a fake journalist for the right-wing Talon News (see January 26, 2005 and January 28, 2005). Little of what Gannon/Guckert elicits is new information.
Access to Classified Information? - However, early in the interview, Gannon/Guckert refers to a classified memo when he says, “An internal government memo prepared by US intelligence personnel details a meeting in early 2002 where your wife, a member of the agency for clandestine service working on Iraqi weapons issues, suggested that you could be sent to investigate the reports.” The FBI will investigate Gannon/Guckert’s knowledge of the memo, but he will deny ever having seen it. It is not clear from whom he learned of the memo [Talon News, 10/28/2003; Wilson, 2007, pp. 216] , though he will insist that he received the information from “confidential sources.” [Antiwar (.com), 2/18/2005]
America Did Not Debate Redrawing the Middle East as a Rationale for War - Wilson notes that he considered “the invasion, conquest, and occupation of Iraq for the purpose of disarming Saddam [Hussein] struck me as the highest risk, lowest reward option.… [W]e ought to understand that sending our men and women to kill and to die for our country is the most solemn decision a government has to make and we damn well ought to have that debate before we get them into harm’s way instead of after.” He explains why the idea that his wife selected him for the Niger mission is incorrect. When Gannon/Guckert attempts to pin him down by citing the initial meeting in which Plame Wilson suggested Wilson for the mission (see February 13, 2002), Wilson notes, “[T]hat fact that my wife knows that I know a lot about the uranium business and that I know a lot about Niger and that she happens to be involved in weapons of mass destruction, it should come as no surprise to anyone that we know of each others activities.” Wilson says that the aims of the administration’s neoconservatives—to redraw “the political map of the Middle East,” is something that has not been debated by the nation. The US did not debate the war with Iraq “on the grounds of redrawing the map of the Middle East,” he notes.
Wilson Did Not Violate CIA Secrecy in Revealing Niger Mission - Gannon/Guckert asks if Wilson violated CIA secrecy in going public with the results of his Niger mission, as some on the right have asserted. Wilson reminds Gannon that his was not a clandestine trip, “not a CIA mission,” but an aboveboard fact-finding journey. Those circumstances were well understood by the CIA before he left for Niger.
Implications of French Complicity in Niger Allegations Debunked - Gannon/Guckert tries to insinuate that the French may have had something to do with keeping the alleged uranium sales secret, and Wilson quickly shoots that line of inquiry down, saying, “The fact that you don’t like the French or that the French seem to have favored a different approach on this is far different from the French violating UN Security Council resolutions of which they are signatories, and clandestinely transferring 500 tons of uranium to a rogue country like Iraq is a real reach.” He then describes just how impossible it would have been for the French to have facilitated such a secret uranium transfer even had it wished.
Refuses to Accuse Rove Directly - Wilson refuses to flatly name White House political strategist Karl Rove as the person behind the leaks of his wife’s clandestine identity, though he notes that Rove indeed labeled his wife “fair game” to the press (see July 21, 2003) and that Rove was in a perfect position to have orchestrated the leak. When Gannon/Guckert tells Wilson that conservative columnist Robert Novak, who first published Plame Wilson’s name and occupation, denies that the White House gave him the information on her identity, Wilson retorts, “Novak has changed his story so much that it’s hard for me to understand what he is talking about” (see September 29, 2003).
When a Leak Is Not a Leak - Gannon/Guckert brings up the allegation from New York Times columnist Nicholas Kristof that Plame Wilson was revealed as an undercover agent by Russian spy Aldrich Ames in 1994. Because Ames may have revealed Plame Wilson’s identity to the Russians, Gannon/Guckert asks, isn’t it possible that she was no longer an undercover agent? Wilson refuses to validate the Ames speculation, and finally says that the CIA would not be treating this so seriously if it were as frivolous an issue as Gannon/Guckert suggests. “[R]emember this is not a crime that has been committed against my wife or against me,” he says. “If there was a crime, it was committed against our country. The CIA has referred the matter to the Justice Department for further investigation, I don’t believe that’s a frivolous referral.” [Talon News, 10/28/2003]

Entity Tags: Federal Bureau of Investigation, James Guckert, Talon News, Robert Novak, Karl C. Rove, US Department of Justice, Central Intelligence Agency, Joseph C. Wilson, Valerie Plame Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Despite asking some questions about the way the CIA is putting some of its questions to high-ranking al-Qaeda detainees it is interested in (see October 2003), the 9/11 Commission fails to inquire more deeply into the harsh interrogation methods the CIA uses on detainees. One Commission staffer will say: “We did not delve deeply into the question of the treatment of the prisoners. Standards of treatment were not part of our mission.” Another will admit: “We did not ask specifically. It was not in our mandate.” In 2008, Michael Ratner, president of the Center for Constitutional Rights, will say he is “shocked” by the failure to ask about interrogation techniques, “If you’re sitting at the 9/11 Commission, with all the high-powered lawyers on the Commission and on the staff, first you ask what happened rather than guess.” [MSNBC, 1/30/2008]

Entity Tags: Michael Ratner, Center for Constitutional Rights, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Sabrina Harman giving the thumbs up over Manadel al-Jamadi’s dead body.Sabrina Harman giving the thumbs up over Manadel al-Jamadi’s dead body. [Source: Public domain]Detainee Manadel al-Jamadi, is brought to Abu Ghraib prison by US Navy SEAL Team 7. The Iraqi, captured during a joint Task Force 121/CIA mission, is suspected of having been involved in an attack against the International Committee of the Red Cross (ICRC). [US Department of Defense, 8/23/2004 pdf file] Members of the Navy SEAL team punch and choke Al-Jamadi and stick their fingers in his eyes. A SEAL lieutenant is involved in the abuse. [Associated Press, 1/11/2005] Al-Jamadi resists his arrest, and one SEAL Team member hits him on the head with the butt of a rifle. [US Department of Defense, 8/23/2004 pdf file] MP Spc. Dennis E. Stevanus is on duty when two CIA representatives bring the man to the Hard Site. [US Department of Defense, 8/23/2004 pdf file] Spc. Jason A. Kenner, an MP at Abu Ghraib, will later say the detainee was “in good health” when he was brought in. [Guardian, 5/20/2004] According to Kenner’s later account, the detainee’s head is covered with an empty sandbag. MPs are then ordered to take him to a shower room, and told not to remove the hood, according to Kenner. [Guardian, 5/20/2004] The detainee is then interrogated by CIA and military intelligence personnel. Less than an hour later, the detainee will be found dead (see (7:00 a.m.) November 4, 2003). [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Dennis E. Stevanus, Jason A. Kenner, Manadel al-Jamadi, International Committee of the Red Cross

Timeline Tags: Torture of US Captives

After the 9/11 Commission becomes unhappy with the information it is getting from detainees in US custody who may know something about the 9/11 plot (see Summer 2003), it asks CIA Director George Tenet to let it either talk to the detainees itself, or at least view interrogations through a one-way mirror. [Kean and Hamilton, 2006, pp. 119-126]
Reasoning - Dieter Snell, the head of the Commission’s plot team and a former prosecutor, is extremely keen that the detainees, such as Khalid Shaikh Mohammed and Ramzi bin al-Shibh, be interviewed. According to author Philip Shenon, he is aware that “testimony from key witnesses like the al-Qaeda detainees would have value only if they were questioned in person, with investigators given the chance to test their credibility with follow-up questions. The face-to-face interrogations would be especially important in situations in which the al-Qaeda members were giving conflicting testimony.” [Shenon, 2008, pp. 182]
Request Denied - However, Tenet denies the request because he does not want the Commission to know where the detainees are, and he claims questioning by a Commission staffer could apparently damage the “relationship” between interrogator and detainee and “upset the flow of questioning.” In addition, Tenet is worried that if the Commission has access to the detainees, Zacarias Moussaoui might also be able to compel them to testify in court, so he rejects compromise proposals.
Pushback - The Commission decides “to push the issue” and drafts a letter outlining why they should have direct access. Although the draft is seen by Tenet and Defense Secretary Donald Rumsfeld, it is never officially sent. At a White House meeting attended by Rumsfeld and commissioners Lee Hamilton and Fred Fielding, Tenet and Attorney General Alberto Gonzales repeat the arguments Tenet made previously, but Tenet says the Commission can submit written questions, and a CIA “project manager” will try to get them answered. After the administration “plead[s]” with the Commission not to use public pressure to get access to detainees, the Commission decides to drop the matter.
Relatives and Media Blamed - Hamilton and Commission Chairman Thomas Kean will later partially blame the victims’ relatives and media for this failure: “Interestingly, there was no pressure from some of the usual sources for us to push for access. For instance, the 9/11 families never pressed us to seek access to detainees, and the media was never engaged on this issue.” Kean and Hamilton will later say that the “project manager” arrangement works “to a degree.”
Report Includes Disclaimer - However, a disclaimer will be inserted into the 9/11 Commission Report in the first of two chapters that draw heavily on detainees’ alleged statements (see After January 2004). It will say that the Commission could not fully judge the credibility of detainee information, so, according to Kean and Hamilton, “it [is] left to the reader to consider the credibility of the source—we had no opportunity to do so.” [Kean and Hamilton, 2006, pp. 119-126]
Criticism from Staffer - Commission staffer Ernest May will later criticize the Commission’s “reluctance ever to challenge the CIA’s walling off al-Qaeda detainees.” May will also say: “We never had full confidence in the interrogation reports as historical sources. Often we found more reliable the testimony that had been given in open court by those prosecuted for the East African embassy bombings and other crimes.” [New Republic, 5/23/2005] CIA videotapes and transcripts of interrogations are not provided to the Commission (see Summer 2003-January 2004).

Entity Tags: George J. Tenet, Thomas Kean, Fred F. Fielding, Lee Hamilton, US Department of Defense, Ernest May, Dietrich Snell, 9/11 Commission, Alberto R. Gonzales, Central Intelligence Agency, Donald Rumsfeld

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

Top: Charles Garner punches one of the seven detainees. Bottom: Lynndie England points at the word “Rapeist” written on the leg of another one of the seven detainees. Other detainees are forced to sit naked on each other in the background.Top: Charles Garner punches one of the seven detainees. Bottom: Lynndie England points at the word “Rapeist” written on the leg of another one of the seven detainees. Other detainees are forced to sit naked on each other in the background. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, detainee number 7787; Hussein Mohssein Mata al-Zayiadi, detainee number 19446; and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] At least one of them was detained on suspicion of car theft. [Los Angeles Times, 10/21/2004] When they arrive, they all have their hands tied behind their backs with plastic handcuffs. Empty sandbags (“gunnysacks”) are put over their heads. [Rolling Stone, 7/28/2004] According to an account later provided by MP Spc. Matthew Wisdom, the other MPs suddenly begin striking at the prisoners. Spc. Charles Graner, Staff Sgt. Ivan Frederick and Sgt. Javal Davis “rotate around the detainees and abuse and hit them,” Wisdom later testifies. Graner poses for a photograph with his fist, clenched as if about to strike, close to a detainee’s head. “Right after the picture [is] taken, he actually hit[s] him,” Wisdom says in his testimony. [Los Angeles Times, 8/5/2004] The MPs then throw the tied-up Iraqi men against the walls until they fall on the floor. Wisdom later recounts, “Sfc [Sgt. First Class] Snider grabbed my prisoner and threw him into a pile.” [New Yorker, 5/10/2004] Pfc. Lynndie England, who had her birthday the day before and has come to the cellblock to visit her boyfriend Spc. Graner, says the prisoners fall in what she calls a “dog pile.” [Rolling Stone, 7/28/2004] According to Wisdom, he sees “Staff Sgt. Frederic, Davis and Cpl. Graner walking around the pile hitting the prisoners.” [New Yorker, 5/10/2004] Several guards take turns leaping on top of the pile. Also present is Spc. Jeremy Sivits, who later testifies: “That is when Sgt. Davis ran across the room and lunged in the air and landed in the middle of where the detainees were. I believe Davis ran across the room a total of two times and landed in the middle of the pile of detainees.” [Washington Post, 5/22/2004] “A couple of the detainees kind of made an ‘ah’ sound, as if this hurt them or caused them some type of pain.” In the meanwhile Pfc. England and Sgt. Javal Davis stomped on the lying prisoners’ fingers and feet. Sivits heard them scream because of it. [Rolling Stone, 7/28/2004] The alleged car thief later testified during Frederick’s trial, he felt someone putting his foot on his head when he was thrown into the pile of men. “He put his whole weight on my head and on my knee. I was screaming and crying.” [Los Angeles Times, 10/21/2004] At this point, MP Sgt. Shannon K. Snider of the 372nd MP Company, who is working in an office on the top floor, hearing the cries of pain, leans over the railing and angrily yells at Sgt. Davis to stop abusing the prisoners. When Davis steps away from the pile of men, Snider leaves. “I believe that Sgt. Snider thought it was an isolated incident,” Sivits says, “and that when he ordered Sgt. Davis to stop, it was over.” [Rolling Stone, 7/28/2004] It was not. Testimony by Spc. Wisdom suggests some ringleaders among the MPs pressured the others to join in with the abuse. According to Wisdom, he too asked Davis not to stomp on toes. Davis then allegedly tells Wisdom: “Who are you to tell me to stop?” [Los Angeles Times, 8/5/2004] Wisdom witnesses Frederick hitting a prisoner “in the side of his chest.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Frederick then takes notice of Wisdom looking on. Wisdom testifies that Frederick “looked at me and said: ‘Wisdom, you’ve got to get some of this,’ meaning I should hit the detainees as well.” [Los Angeles Times, 8/5/2004] According to Wisdom’s account, he goes outside after this incident, [New Yorker, 5/10/2004] and proceeds to alert his team leader Sgt. Robert Jones. [Los Angeles Times, 8/5/2004] After Snider has left the scene, and possibly Wisdom as well, the MPs put the prisoners back to their feet and remove their handcuffs. Graner orders the detainees in Arabic to take their clothes off. Graner takes the head of one of the naked but hooded prisoners in one arm and smashes his free fist into his temple, causing the prisoner to sag down on the floor. “Damn, that hurt!” Graner says jokingly. Sivits walks over to see if the detainee is still alive. “I could tell that the detainee was unconscious, because his eyes were closed and he was not moving, but I could see his chest rise and fall, so I knew he was still alive.” Maybe this is the same incident witnessed by Wisdom, as perhaps is the following. Staff Sgt. Ivan Frederick writes an X on another detainee’s chest with his finger and says, “Watch this.” Then he punches the prisoner on the indicated spot so massively that the hooded prisoner sways backward, falls to his knees and is gasping for air. [Rolling Stone, 7/28/2004] Frederick has singled out the alleged car thief for extra punishment. “I stood him up and punched him in the chest. I was angry. They told me he was the ringleader. He hit a female soldier in the face with a rock.” [Los Angeles Times, 10/21/2004] Sivits testifies that Frederick says that “he thought he put the detainee in cardiac arrest.” [Rolling Stone, 7/28/2004] When the detainee subsequently collapses, he is checked by a female medic. She says he is “faking.” [Los Angeles Times, 10/21/2004] The seven detainees will continue to be abused into the night and will be forced to form naked human pyramids (see Evening November 7, 2003).

Entity Tags: Jeremy C. Sivits, Matthew Wisdom, Lynndie England, Nori al-Yasseri, Javal Davis, Mustafa, Sabrina Harman, Robert Jones II, Ivan L. Frederick II, Hashiem, Haydar Sabbar Abed, Ahmed, Hussein Mohssein Mata Al-Zayiadi, Charles Graner, Ahzem, Haidar, George R. Fay, New Yorker, Shannon K. Snider

Timeline Tags: Torture of US Captives

Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, Hussein Mohssein Mata al-Zayiadi, and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] They are repeatedly punched and attacked by Staff Sgt. Ivan L. Frederick, Spc. Charles Graner, and other MPs (see Evening November 7, 2003). The MPs then take out their cameras to take pictures of the seven naked men and begin putting them in humiliating poses, often placing themselves in the picture as well, smiling. Graner makes them climb on top of each other to form a human pyramid, as is reported by Spc. Sabrina Harman. [Washington Post, 5/22/2004; Rolling Stone, 7/28/2004] “They put us two on the bottom, two on top of them, and two on top of those and on top,” Al-Zayiadi will say. [Washington Post, 5/21/2004] “The pyramid lasted about 15 to 20 minutes,” according to Harman. [Washington Post, 5/22/2004] The prisoners are also made to crawl on hands and knees with MPs riding on their backs. [Rolling Stone, 7/28/2004] “They were sitting on our backs like riding animals,” Al-Zayiadi says. Meanwhile, others are taking photographs. [Washington Post, 5/21/2004] Frederick then takes hold of the prisoner whom he has singled out for additional punishment and motions him to masturbate. “I grabbed his arm by the elbow, put it on his genitals and moved it back and forth with an arm motion, and he did it.” [Los Angeles Times, 10/21/2004] He makes another detainee do the same. “I lifted his hood and gave him a hand gesture, telling him to keep doing it himself.” [New York Times, 10/21/2004] Spc. Matthew Wisdom, who complained to his team leader Sgt. Robert Jones earlier in the evening about the treatment of the detainees, returns to Tier 1A to find a naked detainee being forced to masturbate in front of another naked detainee on his knees before him. “I saw two naked detainees,” Wisdom will later recall, “one masturbating to another kneeling with its mouth open. I thought I should just get out of there. I didn’t think it was right.” [New Yorker, 5/10/2004] According to Wisdom, Frederick says to him: “Look what these animals do when we leave them alone for two seconds.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Meanwhile, Pfc. Lynndie England makes sexually suggestive comments “in a somewhat sarcastic, fun tone of voice,” according to Wisdom. [Los Angeles Times, 8/5/2004] “I heard Pfc. England shout out, ‘He’s getting hard.’” [New Yorker, 5/10/2004] Again Wisdom leaves the building to tell Sgt. Jones, who assures him the “problem [will] be addressed and dealt with,” [Los Angeles Times, 8/5/2004] and Wisdom assumes that the problem will be taken care of. [New Yorker, 5/10/2004] Others, meanwhile, are lined up and forced to masturbate. These facts are corroborated by photographs that show the MPs laughing as they look on. [Rolling Stone, 7/28/2004] Al-Zayiadi later identifies himself in one of these pictures. “They told my friend to masturbate and told me to masturbate also, while they were taking pictures,” he says. [Washington Post, 5/21/2004] In the end, Al-Zayiadi says they are tossed naked but still hooded into a cell. “They opened the water in the cell and told us to lay face down in the water and we stayed like that until the morning, in the water, naked, without clothes.” [Washington Post, 5/21/2004] One of the seven prisoners is likely Haydar Sabbar Abed who says he was originally arrested for not carrying his ID card. After being involved in a fight with an Iraqi prison employee in one of the tent camps, he is taken to the Hard Site. He later recalls: “They cut off our clothes and… told us to masturbate towards this female soldier. But we didn’t agree to do it, so they beat us.” He also says: “They made us act like dogs, putting leashes around our necks. They’d whistle and we’d have to bark like dogs. We thought they were going to kill us.” [BBC, 8/4/2004] The next day, Wisdom asks for and is granted a transfer to a job elsewhere in the prison. Although he and Sgt. Jones say they have been angered by the abuse, they do little more than mildly confront their colleagues with their objections. [Los Angeles Times, 8/5/2004] To the detainees, the experience has been harrowing. Al-Yasseri will later call it a “night which we felt like 1,000 nights.” “I was trying to kill myself,” says Al-Zayiadi, “but I didn’t have any way of doing it.” [Rolling Stone, 7/28/2004] Gen. George Fay will also describe these incidents in his report (see August 25, 2004), which he concludes was an the affair of MPs alone. He states that military intelligence “involvement in this abuse has not been alleged nor is it likely.” However, one of the pictures taken that night, depicting the “human pyramid,” is later used as a screen saver for a computer in the Hard Site. The screen saver is later seen by a female military intelligence interrogator, but she states, according to Gen. Fay, that she did not report the picture because she did not see it again. The same interrogator, Fay will report, had a “close personal relationship” with Staff Sgt. Frederick, [US Department of Defense, 8/23/2004 pdf file] one of the main instigators of the abuse that night.

Entity Tags: Javal Davis, Ivan L. Frederick II, Jeremy C. Sivits, Matthew Wisdom, Shannon K. Snider, Hussein Mohssein Mata Al-Zayiadi, Lynndie England, Nori al-Yasseri, Mustafa, Haydar Sabbar Abed, George R. Fay, Haidar, New Yorker, Hashiem, Ahmed, Charles Graner, Ahzem, Sabrina Harman, Robert Jones II

Timeline Tags: Torture of US Captives

Lynndie England smiling at pointing at the penis of one of the Abu Ghraib detainees.Lynndie England smiling at pointing at the penis of one of the Abu Ghraib detainees. [Source: Public domain]Seven Iraqi detainees in Abu Ghraib prison have been punched, attacked, and humiliated all evening long on November 7, 2003, by their US captors (see Evening November 7, 2003 and Evening November 7, 2003). This abuse continues into the early morning hours of November 8. Pfc. Lynndie England is photographed pointing at the penises of several of the same seven detainees while Charles Graner and other MPs look on. [Salon, 3/14/2006]

Entity Tags: Ahmed, Nori al-Yasseri, Lynndie England, Mustafa, Haydar Sabbar Abed, Ahzem, Charles Graner, Haidar, Hussein Mohssein Mata Al-Zayiadi, Hashiem, Ivan L. Frederick II

Timeline Tags: Torture of US Captives

Narus logo.Narus logo. [Source: Endace (.com)]Narus, a firm which manufactures telecommunications hardware, co-sponsors a technical conference in McLean, Virginia, titled “Intelligence Support Systems for Lawful Interception and Internet Surveillance.” As AT&T engineer Mark Klein (see July 7, 2009) will later write: “Police officials, FBI and DEA agents, and major telecommunications companies eager to cash in on the ‘war on terror’ had gathered in the hometown of the CIA to discuss their special problems. Among the attendees were AT&T, BellSouth, MCI, Sprint, and Verizon. Narus founder Dr. Ori Cohen gave a keynote speech.” Also speaking at the conference is William Crowley, the former deputy director of the National Security Agency (NSA). Narus is providing some of the key hardware components used in the NSA’s domestic surveillance program (see January 16, 2004). [PBS Frontline, 5/15/2007; Klein, 2009, pp. 39]

Entity Tags: Narus, AT&T, BellSouth, Mark Klein, Ori Cohen, Verizon Wireless, National Security Agency, MCI, Sprint/Nextel, William Crowley

Timeline Tags: Civil Liberties

Department of Defense Principal Deputy General Counsel Daniel Dell’Orto writes to Senator Patrick Leahy and confirms that earlier Pentagon statements (see June 25, 2003) about the treatment of detainees bind the entire executive branch. But he fails to answer specific questions about interrogation guidelines and adds that articles reporting improper treatment of detainees “often contain allegations that are untrue.” [Human Rights Watch, 5/7/2004]

Entity Tags: Patrick J. Leahy, Daniel J. Dell’Orto

Timeline Tags: Torture of US Captives

An Abu Ghraib detainee bleeding after being biting by a dog on December 12, 2003.An Abu Ghraib detainee bleeding after being biting by a dog on December 12, 2003. [Source: Public domain]Dog teams arrive at Abu Ghraib and “almost immediately” are used against the detainees (see November 24, 2003). Gen. George Fay’s investigation (see August 25, 2004) of Abu Ghraib abuses will conclude that, “The use of dogs in interrogations to ‘fear up’ detainees was generally unquestioned.” Most military intelligence personnel apparently believe dogs can be used in interrogations with specific approval from Col. Thomas M. Pappas. [US Department of Defense, 8/23/2004 pdf file] According to Sgt. Michael J. Smith and Sgt. Santos A. Cardona, they are acting under instructions from Col. Thomas M. Pappas when they use unmuzzled dogs to intimidate prisoners. [New York Times, 5/22/2004] And Pappas himself believes, “incorrectly,” Gen. Fay notes, that Lt. Col. Ricardo S. Sanchez has delegated this authority to him. Pappas, concludes Gen. Fay, “[i]mproperly authorized the use of dogs during interrogations.” [US Department of Defense, 8/23/2004 pdf file] Nevertheless, Gen. Fay also believes, “there were early indications that MP and MI [Military Intelligence] personnel knew the use of dog teams in interrogations was abusive.” Only the Army dog teams join in with the abuse. Three Navy dog teams, who arrive simultaneously at Abu Ghraib, refuse to lend their dogs for interrogation purposes. The Navy dog handlers always ask for what specific purpose the dog is required, and when they are told “for interrogation,” they refuse to comply. “Over the next few weeks, the Navy dog teams received about eight similar calls, none of which [are] fulfilled.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Ricardo S. Sanchez, Michael J. Smith, George R. Fay, Santos A. Cardona, Thomas M. Pappas

Timeline Tags: Torture of US Captives

Jack Goldsmith, the new head of the Justice Department’s Office of Legal Counsel (see October 6, 2003), finds himself embroiled in a huge, if secretive, controversy over Justice Department lawyer John Yoo’s torture memos (see January 9, 2002 and January 25, 2002). Yoo, who wrote the original memos over former OLC chief Jay Bybee’s signature, had placed the OLC in the position of asserting that torture can indeed be used against terror suspects. Goldsmith disagrees, feeling that Yoo’s definitions of torture are far too narrow and give far too much latitude to US interrogators. He also believes that Yoo’s assertions of near-unchecked presidential power to authorize torture—at the direct expense of Congressional and judicial oversight—has no legal basis. And, Goldsmith worries, the opinions could be interpreted as a clumsy, “tendentious” attempt to protect Bush officials from criminal charges. The conflict between Goldsmith and Yoo will cost the two men their friendship. “I was basically taking steps to fix the mistakes of a close friend, who I knew would be mad about it,” Goldsmith will recall in 2007. “We don’t talk anymore, and that’s one of the many sad things about my time in government.” Goldsmith decides to withdraw the follow-up March 2003 torture memo, and tells White House officials they cannot rely on it any longer. Actually doing so proves a tricky business. [New York Times Magazine, 9/9/2007]
'Serious, Serious Problems' - Goldsmith will say in September 2007: “As soon as I absorbed the opinions I realized… that my reaction to them was a big problem. The Office of Legal Counsel rarely overturns its prior opinions, and even more rarely does so within an administration, and even more rarely than that, in the same administration about something this important. I didn’t find any precedent for it. And I did not want to do anything to affect either the programs or the underlying opinions. But they were serious, serious problems, and I knew if and when I was asked to stand by them that I would have a very hard time doing so.” [Newsweek, 9/8/2007]
Pressure from Abu Ghraib Scandal - The legal and bureaucratic niceties of withdrawing the memos become moot when, in April 2004, the Abu Ghraib scandal breaks (see Mid-April 2004), and when in June 2004, the first memo is leaked to the media. “After the leak, there was a lot of pressure on me within the administration to stand by the opinion,” he later says, “and the problem was that I had decided six months earlier that I couldn’t stand by the opinion.” [New York Times Magazine, 9/9/2007] “I had determined that the analysis was flawed,” he will recall. “But I hadn’t determined the underlying techniques were illegal. After Abu Ghraib, there was enormous pressure for me to stand by the decisions… and I couldn’t do so. I had already made up my mind many months earlier and I wasn’t about to change it. But I struggled for several days with what the consequences might be of withdrawing the opinion, because I wasn’t in the position to make an independent ruling on the other techniques. I certainly didn’t think they were unlawful, but I couldn’t get an opinion that they were lawful either. So I struggled to repudiate the flawed opinion while not causing massive disruption and fright throughout the counterterrorism world related to interrogation. And I ultimately decided that I had to withdraw those and under suspicions, stand by it, because it was so thoroughly flawed.” [Newsweek, 9/8/2007]
White House Resists Change - Though Goldsmith has the support of his boss, Attorney General John Ashcroft, Ashcroft’s deputy, James Comey, and his own deputy, Patrick Philbin, he knows the White House will fight the withdrawal. Goldsmith will decide to issue the withdrawal and then resign his position (see June 17, 2004), effectively forcing the administration to either quietly accept the withdrawal, or fight it and make his resignation a media circus. “If the story had come out that the US government decided to stick by the controversial opinions that led the head of the Office of Legal Counsel to resign, that would have looked bad,” he later recalls. “The timing was designed to ensure that the decision stuck.” Vice President Dick Cheney’s chief aide, David Addington, among other White House officials, is furious over the withdrawal of the torture opinion (interestingly, White House counsel and future attorney general Alberto Gonzales will modify his own opposition to the withdrawals later, telling Goldsmith in 2007, “I guess those opinions really were as bad as you said”). [New York Times Magazine, 9/9/2007]
Expansion of Presidential Power - Addington asks Goldsmith incredulously, “Why are you trying to give away the president’s power?” Like Cheney, Addington believes, in Goldsmith’s words, “that the very act of asking for Congress’s help would imply, contrary to the White House line, that the president needed legislative approval and could not act on his own. The president’s power would diminish, Addington thought, if Congress declined its support once asked, especially if it tried to restrict presidential power in some way. Congress had balked, during the month after 9/11, at giving the president everything he had asked for in the Congressional authorization to use force and the Patriot Act. Things would only be worse in 2004 and beyond, Addington believed.” Addington’s two questions are always, Goldsmith writes, “‘Do we have the legal power to do it ourselves?’ (meaning on the president’s sole authority), and ‘Might Congress limit our options in ways that jeopardize American lives?’” While Goldsmith and his colleagues agree that the president has the power, and that seeking Congressional approval might tie the White House’s hands more so than the administration is willing to accept, Goldsmith worries that an unfavorable Supreme Court decision would undercut Bush’s authority much more so than any restrictions passed by a compliant, Republican-led Congress. Addington sees things in very simple terms: ”“We’re going to push and push and push until some larger force makes us stop,” Addington says on several occasions. Addington tells Goldsmith, “Now that you’ve withdrawn legal opinions that the president of the United States has been relying on, I need you to go through all of [the OLC terror memos] and let me know which ones you still stand by.” Goldsmith will do just that, further angering Addington. [Savage, 2007, pp. 184; Slate, 9/11/2007]
Absolute Power Required to Defend Nation - Goldsmith later writes: “He and, I presumed, his boss viewed power as the absence of constraint. These men believed that the president would be best equipped to identify and defeat the uncertain, shifting, and lethal new enemy by eliminating all hurdles to the exercise of his power. They had no sense of trading constraint for power. It seemed never to occur to them that it might be possible to increase the president’s strength and effectiveness by accepting small limits on his prerogatives in order to secure more significant support from Congress, the courts, or allies. They believed cooperation and compromise signaled weakness and emboldened the enemies of America and the executive branch. When it came to terrorism, they viewed every encounter outside the innermost core of most trusted advisers as a zero-sum game that if they didn’t win they would necessarily lose.” [Slate, 9/11/2007]

Entity Tags: John Ashcroft, John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), James B. Comey Jr., David S. Addington, Patrick F. Philbin, Alberto R. Gonzales, Bush administration (43), Daniel Levin, Jack Goldsmith, US Department of Justice

Timeline Tags: Civil Liberties

Senior CIA official Robert Grenier, who, as the agency’s mission manager, inquired about the Joseph Wilson mission to Niger on behalf of the vice president’s office (see 4:30 p.m. June 10, 2003), and told Vice President Dick Cheney’s chief of staff, Lewis Libby, that Valerie Plame Wilson was a CIA official (see 2:00 p.m. June 11, 2003), is interviewed by the FBI as part of the Plame Wilson investigation. Grenier tells FBI investigators of his June 11, 2003 conversation with Libby, regarding Wilson’s Niger trip and the CIA status of Wilson’s wife, Valerie Plame Wilson (see 2:00 p.m. June 11, 2003). Grenier says that he is not sure whether Plame Wilson’s name came up during the conversation, a story he will tell again to the grand jury investigating the Plame Wilson leak in January 2004, but will change when he testifies for the prosecution in the Libby perjury trial (see January 24, 2007). [Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007; New York Times, 3/2007]

Entity Tags: Joseph C. Wilson, Federal Bureau of Investigation, Valerie Plame Wilson, Richard (“Dick”) Cheney, Robert Grenier, Lewis (“Scooter”) Libby, Central Intelligence Agency, Office of the Vice President

Timeline Tags: Niger Uranium and Plame Outing

As part of the difficult negotiations between the US, North Korea, and four regional partners to try to bring the North Korean nuclear program under restraint (see August 2003), the Chinese delegation offered a joint statement that would show some progress, however limited, has been made. The US refuses to sign, balking at language that recognizes US-North Korean relations are founded on “the intention to coexist.” Vice President Dick Cheney explains the US rejection: “I have been charged by the president with making sure that none of the tyrannies of the world are negotiated with” (see December 19, 2003). [Scoblic, 2008, pp. 241]

Entity Tags: Richard (“Dick”) Cheney

Timeline Tags: US International Relations

A three-judge panel of the Second US Circuit Court of Appeals in New York votes two to one that the military must either charge alleged al-Qaeda terrorist Jose Padilla with a crime, or release him within 30 days. “The government,” the court says, “can transfer Padilla to appropriate civilian authorities who can bring criminal charges against him.” Until now, no court in the US has ruled against the government’s contention that even American citizens arrested on US soil can be held indefinitely based on wartime government prerogatives. Neither the 2001 Authorization to Use Military Force (see September 14-18, 2001) nor the president’s “inherent power” as commander in chief is enough to hold Padilla without a trial, the court finds: “The president, acting alone, possesses no inherent constitutional authority to detain American citizens seized within the United States, away from a zone of combat, as enemy combatants.” The two judges in the majority are a 1998 Clinton appointee and a 2001 Bush appointee; the dissenter, who advocates granting the president new and sweeping powers, is a 2003 Bush appointee. “So far,” Office of Legal Counsel lawyer John Yoo comments, “the Second Circuit is the only court that has rejected the idea that the war on terrorism is, in fact, a war.” Because this ruling conflicts with the Fourth Circuit’s ruling in favor of the Bush administration, the Supreme Court will be forced to resolve the issue (see June 28, 2004); in light of the appeal, the court later agrees to suspend its 30-day ruling. [Knight Ridder, 12/29/2003; Savage, 2007, pp. 153]

Entity Tags: Jose Padilla, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

Patrick Fitzgerald.Patrick Fitzgerald. [Source: US Department of Justice]Citing potential conflicts of interest, Attorney General John Ashcroft formally recuses himself from any further involvement in the investigation of the Valerie Plame Wilson identity leak (see September 26, 2003 and September 30, 2003). The Justice Department names Patrick Fitzgerald, the US attorney for the Chicago region, to handle the investigation. In a letter to Fitzgerald authorizing the position, Deputy Attorney General James Comey writes: “I hereby delegate to you all the authority of the attorney general with respect to the department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity, and I direct you to exercise that authority as special counsel independent of the supervision or control of any officer of the department.” Many believe that Ashcroft’s continued involvement has become politically untenable, and that the investigation has reached a point where his potential conflicts of interest can no longer be ignored. The White House steadfastly denies that any of its officials leaked Plame Wilson’s name to conservative columnist Robert Novak, who first outed Plame Wilson in his column (see July 14, 2003), or any other member of the press. The FBI has already spoken to White House political adviser Karl Rove, suspected of being one of Novak’s sources; Rove has close political ties to Ashcroft. Upon Ashcroft’s recusal, the investigation was given over to Comey, who immediately named Fitzgerald to head the investigation. Fitzgerald and Comey, himself a former Manhattan prosecutor, are close friends and colleagues. [Office of the Deputy Attorney General, 12/30/2003 pdf file; Associated Press, 12/30/2003; New York Times, 12/31/2003]
Appearance of Conflict of Interest - Comey tells the press: “The attorney general, in an abundance of caution, believed that his recusal was appropriate based on the totality of the circumstances and the facts and evidence developed at this stage of the investigation. I agree with that judgment. And I also agree that he made it at the appropriate time, the appropriate point in this investigation.” Comey says that while Ashcroft denies an actual conflict of interest exists, “The issue that he was concerned about was one of appearance.” White House officials say that President Bush had no role in the decision; some White House and law enforcement officials were surprised upon learning of Comey’s decision.
Investigation Reaching into White House? - Some Democrats believe that Ashcroft’s recusal is an indication that the investigation is moving into the White House itself. Senator Charles Schumer (D-NY) says of Comey’s decision, “This isn’t everything that I asked for, but it’s close.” In regards to Fitzgerald, Schumer says, “I would have preferred to have someone outside the government altogether, but given Fitzgerald’s reputation for integrity and ability—similar to Comey’s—the glass is three-quarters full.” Governor Howard Dean (D-VT), a leading Democratic contender for the presidency, says Ashcroft’s decision “is too little, too late.” For the last three months, the investigation has been run by John Dion, the Justice Department’s chief of counterespionage. Whether Fitzgerald will ask Dion or other Justice Department investigators to remain on the case remains to be seen. “I wouldn’t be surprised if he thought maybe he ought to keep some or all of the career folks involved,” says Comey. Fitzgerald has the authority to issue subpoenas and grant immunity on his own authority, Comey confirms. “I told him that my mandate to him was very simple. Follow the facts wherever they lead, and do the right thing at all times. And that’s something, if you know this guy, is not something I even needed to tell him.” [New York Times, 12/31/2003]
Fitzgerald's 'Impressive Reputation' - Fitzgerald has earned an “impressive reputation,” in Plame Wilson’s words, as a government prosecutor. In 1993, he won a guilty plea from Mafia capo John Gambino, and a conviction against Sheikh Omar Abdul-Rahman for his role in the 1993 World Trade Center bombing (see July 3, 1993). He put together the first criminal indictment against Osama bin Laden. In 2003 he indicted former Illinois Republican governor George Ryan on fraud and conspiracy charges; in 2005, he indicted several aides of Chicago Democratic mayor Richard Daley on mail fraud. He brought charges of criminal fraud against Canadian media tycoon Conrad Black. As Plame Wilson will write, “Fitzgerald was not easily intimidated by wealth, status, or threats.”
'Belated Christmas Present' - In 2007, Plame Wilson will write: “It was a belated but welcome Christmas present. Ashcroft had clearly given some thought to his extensive financial and personal ties to Karl Rove, who even then was believed to have had a significant role in the leak, and made the right decision.” She will also add that several years after the recusal, she hears secondhand from a friend of Ashcroft’s that Ashcroft was “troubled” and “lost sleep” over the administration’s action. [Wilson, 2007, pp. 174-175]

Entity Tags: Valerie Plame Wilson, Karl C. Rove, US Department of Justice, John Dion, Patrick J. Fitzgerald, James B. Comey Jr., Bush administration (43), Charles Schumer, Howard Dean, George W. Bush, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

The White House and the Justice Department are at odds over the legality of the National Security Agency’s “data mining” program, which involves the NSA combing through enormous electronic databases containing personal information about millions of US citizens, ostensibly for anti-terrorism purposes and often without court warrants (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, and Early 2002). Such data mining by the NSA potentially threatens citizens’ constitutional right to privacy. This clash between the White House and the Justice Department is one of the reasons that White House counsel Alberto Gonzales and chief of staff Andrew Card will try to pressure Attorney General John Ashcroft, while Ashcroft is recuperating from surgery, to reauthorize the NSA program over the objections of Deputy Attorney General James Comey. That attempt to force reauthorization over Justice Department complaints will result in the protest resignations of Ashcroft, Comey, and other Justice officials (see March 10-12, 2004). In 2007, Gonzales will deny that any such attempt to pressure Ashcroft to overrule Comey ever happened (see July 24, 2007), and will deny that there was any such dispute between the White House and Justice Department over the NSA program. Those denials will lead to calls to investigate Gonzales for perjury (see May 16, 2007). In late 2005, President Bush will admit, after the New York Times reveals the existence of the NSA warrantless wiretapping program (see Early 2002), that the program indeed exists, but will not acknowledge the data mining. Several current and former administration officials, interviewed by reporters in 2007, refuse to go into detail about the dispute between the White House and Justice Department, but say that it involves other issues along with the data mining. They will also refuse to explain what modifications to the surveillance program Bush will authorize to mollify Justice Department officials. Bush and his officials, including Gonzales, who will ascend to the position of attorney general in 2005, will repeatedly insist that he has the authority, both under the Constitution and under Congress’s authorization to use military force against terrorists passed after the 9/11 attacks (see September 14-18, 2001), to bypass the requirements for court warrants to monitor US citizens. Critics will say that such surveillance is illegal under the Foreign Intelligence Surveillance Act. [New York Times, 7/29/2007]
Domestic Surveillance Began Before 9/11? - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: US Department of Justice, National Security Agency, New York Times, James B. Comey Jr., Alberto R. Gonzales, Andrew Card, Bush administration (43), George W. Bush, John Ashcroft

Timeline Tags: Civil Liberties

After Deputy Attorney General James Comey announces the naming of special prosecutor Patrick Fitzgerald to head the Plame Wilson CIA identity leak investigation (see December 30, 2003), White House press secretary Scott McClellan is contacted by Ron Roos, the FBI’s deputy counterespionage director, to arrange a time where McClellan can testify before Fitzgerald’s grand jury. This time, Roos says, he would like McClellan to come alone, without a White House lawyer (see October 10, 2003). McClellan’s sister-in-law, a former assistant district attorney, advises him to retain a lawyer, as many of his co-workers have done, but McClellan decides not to do so. Perhaps, he will later write, he was lulled by the almost-perfunctory interview sessions he has already participated in (see Mid-October 2003 and Late October or Early November, 2003). McClellan meets with Roos and other prosecutors for a pre-jury interview. This time, McClellan will recall, the interview is far more adversarial than the first two. Roos asks McClellan why he publicly exonerated Karl Rove (see September 29, 2003) and Lewis Libby (see October 4, 2003), and then asks why McClellan failed to mention in previous interviews that Rove had spoken with columnist Robert Novak. McClellan, later writing that he was “taken aback” by the question, reminds Roos that he had indeed informed them of Rove’s contact with Novak in an earlier interview. Afterwards, McClellan will write, he worries about the FBI’s “initial hard-edged approach.” [McClellan, 2008, pp. 224-225]

Entity Tags: Ron Roos, Bush administration (43), Federal Bureau of Investigation, Karl C. Rove, Scott McClellan, Lewis (“Scooter”) Libby, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

The 9/11 Commission first learns that the US had a program to assassinate Osama bin Laden before 9/11 (see December 24, 1998). The program, which is disclosed to the commission’s staff by former National Security Adviser Sandy Berger, was a response to the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The commission was not previously aware of the order and when Berger tells them about it they are confused, because the CIA has been telling them there was no such order for months. When the commission tells Berger what the CIA has said, he assures them that there is an explicit document, a memorandum of notification concerning Afghanistan, that gives the CIA the authority to kill bin Laden, not just capture him. It is unclear why CIA managers repeatedly told the commission there was no such order (see Before January 14, 2004). [Shenon, 2008, pp. 253-254]

Entity Tags: 9/11 Commission, Sandy Berger

Timeline Tags: Complete 911 Timeline

A sample page from Mark Klein’s AT&T documentation.A sample page from Mark Klein’s AT&T documentation. [Source: Mark Klein / Seattle Times]Senior AT&T technician Mark Klein (see July 7, 2009), gravely concerned by the National Security Agency (NSA) spying operation going on in AT&T’s San Francisco facility (see October 2003) and now in possession of documents which prove the nature and scope of the telecommunications surveillance activities (see Fall 2003 and Late 2003), writes a memo summarizing his findings and conclusions. He appends eight pages of the unclassified documents he has in his possession, along with two photographs and some material from the Internet which documents the sophisticated surveillance equipment being used to gather data from AT&T’s electronic transmissions. The NSA and AT&T were, he later says, “basically sweeping up, vacuum-cleaning the Internet through all the data, sweeping it all into this secret room.… It’s the sort of thing that very intrusive, repressive governments would do, finding out about everybody’s personal data without a warrant. I knew right away that this was illegal and unconstitutional, and yet they were doing it.… I think I’m looking at something Orwellian. It’s a government, many-tentacled operation to gather daily information on what everybody in the country is doing. Your daily transactions on the Internet can be monitored with this kind of system, not just your Web surfing. All kinds of business that people do on the Internet these days—your bank transactions, your email, everything—it sort of opens a window into your entire private life, and that’s why I thought of the term ‘Orwellian.’ As you know, in [George] Orwell’s story [1984], they have cameras in your house, watching you. Well, this is the next best thing.… So I was not only angry about it; I was also scared, because I knew this authorization came from very high up—not only high up in AT&T, but high up in the government. So I was in a bit of a quandary as to what to do about it, but I thought this should be halted.”
Gathering 'the Entire Data Stream' - In his memo, Klein concludes that the NSA is using “splitter” equipment to copy “the entire data stream [emphasis in the original] and sent it to the [NSA’s] secret room for further analysis.” Klein writes that the splitters actually “split off a percentage of the light signal [from the fiber optic circuits] so it can be examined. This is the purpose of the special cabinet… circuits are connected into it, the light signal is split into two signals, one of which is diverted to the ‘secret room.’ The cabinet is totally unnecessary for the circuit to perform—in fact, it introduces problems since the signal level is reduced by the splitter—its only purpose is to enable a third party [the NSA] to examine the data flowing between sender and recipient on the Internet.” (Emphasis in the original.) In his book, Klein will explain that “each separate signal,” after being split, “contains all the information, nothing is lost, so in effect the entire data stream has been copied.” He will continue: “What screams out at you when examining this physical arrangement is that the NSA was vacuuming up everything flowing in the Internet stream: email, Web browsing, voice-over-Internet phone calls, pictures, streaming video, you name it. The splitter has no intelligence at all, it just makes a blind copy.” Klein later explains to a reporter: “The signals that go across fiber optics are laser light signals. It’s light basically that runs through a fiber optic, which is a clear glass fiber, and it has to be at a certain level for the routers to see the light and interpret the data correctly. If the light gets too low, just as if you get a weak flashlight with bad batteries, at a certain point it doesn’t work. If the light level drops too low, the router starts dropping bits and getting errors, and eventually you get loss of signal, and it just doesn’t work at all.… The effect of the splitter is to reduce the strength of the signal, and that may or may not cause a problem, depending on how much the signal is reduced.” A telecommunications company would not, as a rule, use such a splitter on its backbone Internet traffic because of the risk of degraded signal quality. “You want to have as few connections on your main data lines as possible,” Klein will say, “because each connection reduces the signal strength, and a splitter is a connection, and if you can avoid that, all the better.”
Inherently Illegal - Klein will explain that there is no way these activities are legal: “There could not possibly be a legal warrant for this, since according to the Fourth Amendment, warrants have to be specific, ‘particularly describing the place to be searched and the persons or things to be seized.’ It was also a blatant violation of the 1978 Foreign Intelligence Surveillance Act [FISA—see 1978], which calls for specific warrants as required by the Fourth Amendment. This was a massive blind copying of the communications of millions of people, foreign and domestic, randomly mixed together. From a legal standpoint, it does not matter what they claim to throw away later in their secret rooms, the violation has already occurred at the splitter.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; PBS Frontline, 5/15/2007; Klein, 2009, pp. 37, 119-133]
The Narus STA 6400 - Klein discusses one key piece of equipment in the NSA’s secret room, the Narus STA 6400 (see Late 2003). Narus is a firm that routinely sells its equipment not only to telecom firms such as AT&T, “but also to police, military, and intelligence officials” (see November 13-14, 2003). Quoting an April 2000 article in Telecommunications magazine, Klein writes that the STA 6400 is a group of signal “traffic analyzers that collect network and customer usage information in real time directly from the message.… These analyzers sit on the message pipe into the ISP [Internet Service Provider] cloud rather than tap into each router or ISP device.” Klein quotes a 1999 Narus press release that says its Semantic Traffic Analysis (STA) technology “captures comprehensive customer usage data… and transforms it into actionable information… [it] is the only technology that provides complete visibility for all Internet applications.” The Narus hardware allows the NSA “to look at the content of every data packet going by, not just the addressing information,” Klein will later write.
A 'Dream Machine for a Police State' - Klein later writes of the Narus STA 6400: “It is the dream machine of a police state, one that even George Orwell could not imagine. Not only does it enable the government to see what millions of people are saying and doing every day, but it can build up a database which reveals the connections among social groups—who’s calling and emailing whom. Such a device can easily be turned against all dissident protest groups, and even the Democratic and Republican parties, with devastating effect. And it’s in the hands of the executive power, in total secrecy.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; Klein, 2009, pp. 37-40] In support of the memo and an ensuing lawsuit against AT&T (see January 31, 2006), Klein will later write: “Despite what we are hearing, and considering the public track record of this administration, I simply do not believe their claims that the NSA’s spying program is really limited to foreign communications or is otherwise consistent with the NSA’s charter or with FISA. And unlike the controversy over targeted wiretaps of individuals’ phone calls, this potential spying appears to be applied wholesale to all sorts of Internet communications of countless citizens.” [Wired News, 4/7/2006]

Entity Tags: National Security Agency, Narus, Mark Klein, Foreign Intelligence Surveillance Act, AT&T

Timeline Tags: Civil Liberties

George W. Bush gives the third state of the union address of his presidency. He states that the Iraq Survey Group found “weapons of mass destruction-related program activities” in Iraq and claims that had his administration “failed to act, the dictator’s weapons of mass destruction program would continue to this day.” [Los Angeles Times, 11/20/2005] Throughout his address, Bush plays down the WMD issue, which had driven his rhetoric before the invasion (see 9:01 pm January 28, 2003). Now he focuses on the “liberation” of Iraq. He also challenges those who, like Democratic presidential frontrunner John Kerry (D-MA), advocate using law enforcement methodologies over military methods to combat terrorism. “I know that some people question if America is really in a war at all,” he says. “After the chaos and carnage of September the 11th, it is not enough to serve our enemies with legal papers.” Author and media critic Frank Rich will later write that this speech is the opening salvo in the Republicans’ strategy of “characterizing political opponents as less manly than the Top Gun president.” [Rich, 2006, pp. 114]

Entity Tags: Frank Rich, George W. Bush, John Kerry

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

Satellite imagery of Bin Laden’s Abbottabad compound in 2004 and 2011.Satellite imagery of Bin Laden’s Abbottabad compound in 2004 and 2011. [Source: U.S. Defense Department]Osama bin Laden’s trusted courier Ibrahim Saeed Ahmed moves to Abbottabad, Pakistan, and buys up land there that will be used for a hideout for bin Laden. Ahmed, who is using a variety of aliases, moves to the town with his brother Abrar, who is also assisting bin Laden. A Pakistani government official will later say that a plot of land in Abbottabad is bought by a man named Mohammad Arshad on January 22, 2004. A forged national identity card and incorrect address is used. In fact, “Mohammad Arshad” is one of the aliases used by Ahmed. That, along with the related name “Arshad Khan,” is the name Abbottabad neighbors will know him by in future years. [Dawn (Karachi), 5/7/2011] Property records obtained by the Associated Press show that “Arshad” buys two more plots of land in November 2004. The seller will later say that he does not meet Arshad in person, but deals with him through a middle man. A doctor sells another plot of land to “Arshad” in 2005. This doctor will later say that he does meet “Arshad” in person during the transaction. The plots are combined so a walled compound can be built that is much larger than other homes in the neighborhood. The doctor will occasionally see “Arshad” after that, and at one point the doctor will be cryptically told by him that the land he sold is now very valuable. [Associated Press, 5/4/2011] Locals will later say that construction on the compound begins in 2005. By late 2005 or the start of 2006, the construction is done and bin Laden will move into the compound with some of his family (see Late 2005-Early 2006). The courier Ahmed (who uses the named “Arshad”), his brother, and their families will live there too. [New York Times, 5/3/2011; Associated Press, 5/4/2011] In March 2011, a US strike force will assault the compound and kill bin Laden (see May 2, 2011).

Entity Tags: Ibrahim Saeed Ahmed, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

The FBI’s on-scene commander in Baghdad sends an e-mail to senior FBI officials at FBI headquarters in Washington, discussing the allegations of abuse at Abu Ghraib prison. The e-mail advises the senior officials not to investigate the allegations. “We need to maintain good will and relations with those operating the prison,” it reads. “Our involvement in the investigation of the alleged abuse might harm our liaison.” [American Civil Liberties Union, 2/23/2006]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Former CIA Director George Tenet privately testifies before the 9/11 Commission. He provides a detailed account of an urgent al-Qaeda warning he gave to the White House on July 10, 2001 (see July 10, 2001). According to three former senior intelligence officials, Tenet displays the slides from the PowerPoint presentation he gave the White House and even offers to testify about it in public. According to the three former officials, the hearing is attended by commissioner Richard Ben-Veniste, the commission’s executive director Philip Zelikow, and some staff members. When Tenet testifies before the 9/11 Commission in public later in the year, he will not mention this meeting. The 9/11 Commission will neglect to include Tenet’s warning to the White House in its July 2004 final report. [McClatchy Newspapers, 10/2/2006] Portions of a transcript of Tenet’s private testimony will be leaked to reporters in 2006. According to the transcript, Tenet’s testimony included a detailed summary of the briefing he had with CIA counterterrorism chief Cofer Black on July 10 (see July 10, 2001). The transcript also reveals that he told the commission that Black’s briefing had prompted him to request an urgent meeting with Rice about it. This closely matches the account in Woodward’s 2006 book that first widely publicized the July meeting (see September 29, 2006). [Washington Post, 10/3/2006] Shortly after Woodward’s book is published, the 9/11 Commission staff will deny knowing that the July meeting took place. Zelikow and Ben-Veniste, who attended Tenet’s testimony, will say they are unable to find any reference to it in their files. But after the transcript is leaked, Ben-Veniste will suddenly remember details of the testimony (see September 30-October 3, 2006) and will say that Tenet did not indicate that he left his meeting with Rice with the impression he had been ignored, as Tenet has alleged. [New York Times, 10/2/2006] Woodward’s book will describe why Black, who also privately testified before the 9/11 Commission, felt the commission did not mention the July meeting in their final report: “Though the investigators had access to all the paperwork about the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about. It was what happened in investigations. There were questions they wanted to ask, and questions they didn’t want to ask.” [Woodward, 2006, pp. 78]

Entity Tags: Richard Ben-Veniste, Philip Zelikow, White House, Cofer Black, Central Intelligence Agency, Condoleezza Rice, 9/11 Commission, Al-Qaeda, George J. Tenet

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Other 9/11 Commission reports are heavily based on detainee interrogations. The red underlines are endnotes based on the interrogation of Abu Zubaida in the 9/11 Commission’s Terrorist Travel Monograph.Other 9/11 Commission reports are heavily based on detainee interrogations. The red underlines are endnotes based on the interrogation of Abu Zubaida in the 9/11 Commission’s Terrorist Travel Monograph. [Source: Public domain via Wikipedia] (click image to enlarge)Following unsuccessful attempts by the 9/11 Commission to get direct access to high-value detainees on which some sections of its report will be based (see Summer 2003 and November 5, 2003-January 2004), the Commission decides to add a disclaimer to its report at the beginning of Chapter 5, the first of two that describe the development of the 9/11 plot. The disclaimer, entitled “Detainee Interrogation Reports,” reads: “Chapters 5 and 7 rely heavily on information obtained from captured al-Qaeda members. A number of these ‘detainees’ have firsthand knowledge of the 9/11 plot. Assessing the truth of statements by these witnesses—sworn enemies of the United States—is challenging. Our access to them has been limited to the review of intelligence reports based on communications received from the locations where the actual interrogations take place. We submitted questions for use in the interrogations, but had no control over whether, when, or how questions of particular interest would be asked. Nor were we allowed to talk to the interrogators so that we could better judge the credibility of the detainees and clarify ambiguities in the reporting. We were told that our requests might disrupt the sensitive interrogation process. We have nonetheless decided to include information from captured 9/11 conspirators and al-Qaeda members in our report. We have evaluated their statements carefully and have attempted to corroborate them with documents and statements of others. In this report, we indicate where such statements provide the foundation for our narrative. We have been authorized to identify by name only ten detainees whose custody has been confirmed officially by the US government.” [9/11 Commission, 7/24/2004, pp. 146] Most of the endnotes to the report indicate the sources of information contained in the main body of the text. Of the 132 endnotes for Chapter 5, 83 of them cite detainee interrogations as a source of information contained in the report. Of the 192 endnotes for Chapter 7, 89 cite interrogations. [9/11 Commission, 7/24/2004, pp. 488-499, 513-533] The interrogation of 9/11 mastermind Khalid Shaikh Mohammed (KSM) is mentioned as a source 211 times. [9/11 Commission, 7/24/2004] He was repeatedly waterboarded and tortured (see Shortly After February 29 or March 1, 2003) and it will later be reported that up to 90 percent of the information obtained from his interrogations may be unreliable (see August 6, 2007). Interestingly, the 9/11 Commission sometimes seems to prefer KSM’s testimony over other sources. For instance, in 2003 the 9/11 Congressional Inquiry reported that the CIA learned in 1996 that KSM and bin Laden traveled together to a foreign country in 1995, suggesting close ties between them (see 1996). But the 9/11 Commission will ignore this and instead claim, based on KSM’s interrogation, that KSM and bin Laden had no contact between 1989 and late 1996. [US Congress, 7/24/2003; 9/11 Commission, 7/24/2004, pp. 148-148, 489] The interrogations of al-Qaeda leader Khallad bin Attash are used as a source 74 times, 9/11 hijacker associate Ramzi bin al-Shibh, 68 times, al-Qaeda leader Abd al-Rahim al-Nashiri, 14 times, al-Qaeda leader Hambali, 13 times, and and a generic “interrogation[s] of detainee” is used as a source 57 times. [9/11 Commission, 7/24/2004] Most of these detainees are said to be tortured (see May 2002-2003 and Shortly After February 29 or March 1, 2003). Although the CIA videotaped some of the interrogations, it does not pass the videos to the 9/11 Commission (see Summer 2003-January 2004). Slate magazine will later say that these detainees’ accounts are “woven into the commission’s narrative, and nowhere does the 9/11 report delve into interrogation tactics or make any recommendations about the government’s continuing or future practices. That wasn’t the commission’s mandate. Still, one wonders where video evidence—or the knowledge that such evidence was being withheld—might have led it.” [Slate, 12/10/2007]

Entity Tags: Ramzi bin al-Shibh, Khalid Shaikh Mohammed, 9/11 Commission, Abd al-Rahim al-Nashiri, Hambali, Khallad bin Attash

Timeline Tags: Torture of US Captives, Complete 911 Timeline

An Army dog handler at Abu Ghraib tells military investigators that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), “[S]omeone from [military intelligence] gave me a list of cells, for me to go see, and pretty much have my dog bark at them.… Having the dogs bark at detainees was psychologically breaking them down for interrogation purposes.” Using attack dogs to threaten or harm prisoners is a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: US Department of Defense, Donald Rumsfeld

Timeline Tags: Torture of US Captives

The US learns that Ibn al-Shaykh al-Libi, a former al-Qaeda camp commander, was allegedly tortured in Egypt, where he was rendered by the CIA (see January 2002 and After). Although CIA Director George Tenet will describe al-Libi’s handling by the Egyptians as “further debriefing,” after being returned to US custody, al-Libi tells CIA officers he was tortured and these claims are documented in a series of cables sent to CIA headquarters on February 4 and 5. These cables are the final proof, many believe, that the US is illegally “outsourcing” torture to other countries, against suspects who have not been convicted or even charged with a crime. After being tortured by his Egyptian captors (see November 11, 2001), al-Libi was returned to US custody on November 22, 2003. The February 5 cable reads, in part, that al-Libi was told by the Egyptians that “the next topic was al-Qaeda’s connections with Iraq…. This was a subject about which he said he knew nothing and had difficulty even coming up with a story.” The Egyptians didn’t like al-Libi’s response, and locked him in a 20 inch by 20 inch box for 17 hours—effectively burying him alive. The Egyptians released him and gave him one more change to “tell the truth.” When al-Libi did not give the proper response, he was knocked to the ground and beaten. The CIA debriefers send this information straight to Washington (see February 14, 2004), thus informing the CIA that not only was this key piece of evidence about the link between Iraq and al-Qaeda false, but it was obtained by extreme, US-sanctioned torture. Although stories and witness accounts about torture in such US-allied countries as Egypt, Syria, Morocco, and Uzbekistan have long been known, this is the first time such torture has been detailed in an official US government document. It will be almost a year before the Bush administration will confirm the CIA’s rendition program (see March 11, 2002), and even then it will begin a litany of reassurances that the US does not torture, nor does it hand over prisoners to countries that torture. The CIA cables will be declassified in September 2006, and roundly ignored by the mainstream media. And as of late 2007, al-Libi will still be a “ghost prisoner” whose whereabouts and circumstances are considered a US state secret. [ABC News, 11/6/2007]

Entity Tags: Colin Powell, Ibn al-Shaykh al-Libi, Central Intelligence Agency, Al-Qaeda, George J. Tenet

Timeline Tags: Torture of US Captives

Former Vice President Al Gore gives a keynote address to a conference at the New School of New York City on the topic, “The Politics of Fear.” [Social Research: An International Quarterly of the Social Sciences, 2/2004] In his address, Gore notes the success that the Bush administration has had in preying on the fears of the American public. “Fear was activated on September 11 in all of us to a greater or lesser degree,” he says. “And because it was difficult to modulate or to change in particular specifics, it was exploitable for a variety of purposes unrelated to the initial cause of the fear. When the president of the United States stood before the people of this nation—in the same speech in which he used the forged document (see Mid-January 2003 and 9:01 pm January 28, 2003)—he asked the nation to ‘imagine’ how fearful it would feel if Saddam Hussein gave a nuclear weapon to terrorists who then exploded it in our country. Because the nation had been subjected to the fearful, tragic, cruel attack of 9/11, when our president asked us to imagine with him a new fear, it was easy enough to bypass the reasoning process, and short-circuit the normal discourse that takes place in a healthy democracy with a give-and-take among people who could say, ‘Wait a minute, Mr. President. Where’s your evidence? There is no connection between Osama bin Laden and Saddam Hussein.’ At one point, President Bush actually said, ‘You can’t distinguish between Saddam Hussein and Osama bin Laden’ (see September 25, 2002). He actually said that.” Gore says that for a time even he had trusted Bush to do the right thing, but Bush had abused the trust he and the American people had in him. In 2006, author and former White House counsel John Dean will write in conjunction with Gore’s address: “In short, fear takes reasoning out of the decision-making process, which our history has shown us often enough can have dangerous and long-lasting consequences. If Americans cannot engage in analytical thinking as a result of Republicans’ using fear for their own political purposes, we are all in serious trouble.” [Social Research: An International Quarterly of the Social Sciences, 2/2004; Dean, 2006, pp. 178-179]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., John Dean, Bush administration (43), George W. Bush, Osama bin Laden, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Acting Attorney General James Comey, who appointed US Attorney Patrick Fitzgerald as the special counsel in charge of investigating the Plame Wilson identity leak (see December 30, 2003), writes a letter to Fitzgerald confirming that he has “plenary power” in the investigation, and the authority to investigate crimes including “perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.” In essence, Comey is confirming that Fitzgerald has near-unlimited powers of investigation and prosecution, and is not limited to merely filing charges of violation of the Intelligence Identities Protection Act if he determines who leaked Valerie Plame Wilson’s identity to the press. [US Department of Justice, 2/6/2004 pdf file]

Entity Tags: James B. Comey Jr., Patrick J. Fitzgerald, Intelligence Identities Protection Act

Timeline Tags: Niger Uranium and Plame Outing

President Bush gives a rare interview to a television show, NBC’s Meet the Press. Bush holds the interview, conducted by Tim Russert, in the Oval Office. [CNN, 2/9/2004]
Admits Iraq Had No WMD - Bush concedes that Iraq did not possess weapons of mass destruction, but defends his decision to invade it, saying, “Saddam Hussein was dangerous, and I’m not just going to leave him in power and trust a madman.” He admits, “I expected to find the weapons.” He continues, “I’m sitting behind this desk, making a very difficult decision of war and peace, and I based my decision on the best intelligence possible, intelligence that had been gathered over the years, intelligence that not only our analysts thought was valid but analysts from other countries thought were valid.” And Iraq “had the ability to make weapons at the very minimum.” But even without proof of Iraqi WMD, Bush says the stakes were so high that “it is essential that when we see a threat, we deal with those threats before they become imminent.” Inaction in Iraq “would have emboldened Saddam Hussein. He could have developed a nuclear weapon over time.” Bush seems surprised when Russert asks if American soldiers had in fact been welcomed as “liberators” in Iraq, as some in his administration had predicted. “I think we are welcomed in Iraq,” he says. “I’m not exactly sure, given the tone of your questions, we’re not.” Resistance there is not surprising, Bush says, because “there are people who desperately want to stop the advance of freedom and democracy.” [NBC News, 2/8/2004; McClellan, 2008, pp. 202-203]
'War of Choice or War of Necessity?' - Russert continues to ask about the choice to invade Iraq, and at one point asks Bush whether it was a “war of choice or a war of necessity?” Bush responds: “That’s an interesting question. Please elaborate on that a little bit. A war of choice or a war of necessity? It’s a war of necessity. In my judgment, we had no choice, when we look at the intelligence I looked at, that says the man was a threat.” In 2008, current White House press secretary Scott McClellan will write that Bush asks him about the question after the interview, and that Bush was “puzzled” by the question. “This, too, puzzled me,” McClellan will write. “Surely this distinction between a necessary, unavoidable war and a war that the United States could have avoided but chose to wage, was an obvious one that Bush must have thought about a lot in the months before the invasion. Evidently it wasn’t obvious to the president, nor did his national security team make sure it was. He set the policy early on and then his team focused his attention on how to sell it. It strikes me today as an indication of his lack of inquisitiveness and his detrimental resistance to reflection, something his advisers needed to compensate for better than they did. Most objective observers today would say that in 2003 there was no urgent need to address the threat posed by Saddam with a large-scale invasion, and therefore the war was not necessary. But this is a question President Bush seems not to want to grapple with.” [NBC News, 2/8/2004; McClellan, 2008, pp. 202-203]
Bush Says Congress Saw Same Intelligence He Did - Asked whether Congress would have authorized the invasion (see October 10, 2002) if he had explained that, while Iraq may not have possessed WMD, Hussein should be removed because he was a threat to his people, Bush replies, “I went to Congress with the same intelligence Congress saw—the same intelligence I had, and they looked at exactly what I looked at, and they made an informed judgment based upon the information that I had.” Two of Bush’s presidential rivals dispute Bush’s assertion. Senator John Edwards (D-NC) says Bush’s statement that Congress saw the same intelligence information as he did is a “big leap.” Edwards adds: “I’m not certain that’s true. I know the president of the United States receives a different set of information than we receive on the Senate Intelligence Committee, and he receives more information, which he should.” And front-runner Senator John Kerry (D-MA) accuses Bush of backpedaling on the messages he gave Americans to justify going to war. “George Bush needs to take responsibility for his actions and set the record straight,” he says. “That’s the very least that Americans should be able to expect. Either he believed Saddam Hussein had chemical weapons, or he didn’t. Americans need to be able to trust their president, and they deserve the truth.” [New York Times, 2/8/2004; NBC News, 2/8/2004; CNN, 2/9/2004]
Confident of Winning Re-Election - Bush tells Russert that he is confident he will win re-election: “I don’t intend to lose.… I know exactly where I want to lead the country. I have shown the American people I can lead.… I want to lead this world to more peace and freedom.” [New York Times, 2/8/2004; NBC News, 2/8/2004; CNN, 2/9/2004]
Defends Economic Policies - Bush defends his economic policies, and says that even though under his watch the US has run up a $521 billion deficit and lost 2.2 million jobs, his administration’s policies are more restrained and fiscally sound than those of his predecessor. “I have been the president during a time of tremendous stress on our economy and made the decisions necessary to lead that would enhance recovery,” he says. “The stock market started to decline in March of 2000. That was the first sign that things were troubled. The recession started upon my arrival.” Conservative critics of his administration’s spending, including the Heritage Foundation and radio talk show host Rush Limbaugh, are “wrong,” he says. “If you look at the appropriations bills that were passed under my watch, in the last year of President Clinton, discretionary spending was up 15 percent, and ours have steadily declined. The other thing that I think it’s important for people who watch the expenditures side of the equation is to understand we are at war… and any time you commit your troops into harm’s way, they must have the best equipment, the best training, and the best possible pay.” [NBC News, 2/8/2004; CNN, 2/9/2004]

Entity Tags: Saddam Hussein, John Kerry, Scott McClellan, John Edwards, Tim Russert, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

Dexter Filkins.Dexter Filkins. [Source: New York Times]The New York Times publishes a front page story blaming Abu Musab al-Zarqawi, the supposed leader of al-Qaeda in Iraq, for many troubles in the Iraq war. However, it will later be revealed that the contents in the article were a hoax or exaggeration by a US military propaganda operation. The article, written by Dexter Filkins, claims that in January 2004, US forces in Iraq intercepted a letter written by al-Zarqawi to the “inner circle” of al-Qaeda, claiming that the best way to defeat the US in Iraq is to, in essence, begin a “sectarian war” in that country. The letter reportedly states that al-Qaeda, a Sunni network, should attack the Shi’a population of Iraq: “It is the only way to prolong the duration of the fight between the infidels and us. If we succeed in dragging them into a sectarian war, this will awaken the sleepy Sunnis.” In the letter, al-Zarqawi boasts of his role in many suicide bombings in Iraq. The article also notes that this letter would “constitute the strongest evidence to date of contacts between extremists in Iraq and al-Qaeda.” [New York Times, 2/9/2004; Independent, 2/11/2008] US General Mark Kimmitt says later the same day: “We believe the report and the document is credible, and we take the report seriously.… It is clearly a plan on the part of outsiders to come in to this country and spark civil war, create sectarian violence, try to expose fissures in this society.” The story is quickly published around the world. [Independent, 2/11/2008]
Reporter Skeptical; Article Does Not Reflect Doubts - Filkins will later say he was skeptical about the document’s authenticity when he wrote the story and remains skeptical of it. [Washington Post, 4/10/2006] However, the article and follow up articles in the New York Times cast no doubt on the letter’s authenticity, except for one sentence in the original article mentioning the possibility the letter could have been “written by some other insurgent.”
Skepticism from Other News Outlets - However, some scattered accounts elsewhere at the time are more critical. For instance, a few days later, Newsweek writes: “Given the Bush administration’s record peddling bad intelligence and worse innuendo, you’ve got to wonder if this letter is a total fake. How do we know the text is genuine? How was it obtained? By whom? And when? And how do we know it’s from al-Zarqawi? We don’t.” [Editor & Publisher, 4/10/2006] In the letter, al-Zarqawi says that if success does not come soon: “We can pack up and leave and look for another land, just like what has happened in so many lands of jihad. Our enemy is growing stronger day after day, and its intelligence information increases. By god, this is suffocation!” Counterpunch notes this and skeptically comments, “If you were Karl Rove, you couldn’t design a better scenario to validate the administration’s slant on the war than this.” It is also noted that this article follows a dubious pattern of New York Times reporting on Iraq: “cultivate a ‘highly placed inside source,’ take whatever this person says and report it verbatim on the front page above the fold.” [CounterPunch, 2/26/2004]
Systematic Propaganda Campaign - Later in 2004, the Telegraph will report, “Senior diplomats in Baghdad claim that the letter was almost certainly a hoax” and that the US is systematically buying extremely dubious intelligence that exaggerates al-Zarqawi’s role in Iraq (see October 4, 2004). [Daily Telegraph, 10/4/2004] In 2006, a number of classified documents will be leaked to the Washington Post, showing the US military has a propaganda campaign to exaggerate the role of al-Zarqawi in Iraq (see April 10, 2006). One document mentions the “selective leak” of this letter to Filkins as part of this campaign. [Washington Post, 4/10/2006]
Media Unquestioning in its Acceptance - Editor and Publisher will later examine the media coverage of this letter, and note that most publications reported on it unquestioningly, “So clearly, the leak to Filkins worked.” Ironically, Reuters at the time quotes an “amazed” US official who says, “We couldn’t make this up if we tried.” [Editor & Publisher, 4/10/2006]

Entity Tags: Abu Musab al-Zarqawi, New York Times, Dexter Filkins, Al-Qaeda, Mark Kimmitt

Timeline Tags: US Military, Complete 911 Timeline, Iraq under US Occupation, Domestic Propaganda

Two FBI agents, Doug Miller and Mark Rossini, falsely claim they have no memory of the blocking of a key cable about 9/11 hijacker Khalid Almihdhar in an interview with the Justice Department’s office of inspector general. Miller drafted the cable, which was to inform the FBI that Almihdhar had a US visa, while he and Rossini were on loan to Alec Station, the CIA’s bin Laden unit. However, it was blocked by the unit’s deputy chief, Tom Wilshire, and another CIA officer known only as “Michael” (see 9:30 a.m. - 4:00 p.m. January 5, 2000). Miller and Rossini remember the events, but falsely tell the Justice Department inspector general they cannot recall them.
Pressure Not to Disclose Information - Sources close to the inspector general’s probe will say, “There was pressure on people not to disclose what really happened.” Rossini, in particular, is said to feel threatened that the CIA would have him prosecuted for violating the Intelligence Identities Protection Act if he said what really happened inside Alec Station. They are questioned at the same time, and together with a CIA officer who will be described as “sympathetic,” although it is unclear why. CIA officials are also in the room during the questioning, although it is unclear why this is allowed. When they are shown contemporary documents, according to the Congressional Quarterly, “the FBI agents suddenly couldn’t remember details about who said what, or who reported what, to whom, about the presence of two al-Qaeda agents in the US prior to the 9/11 attacks.” The inspector general investigators are suspicious. [Congressional Quarterly, 10/1/2008]
'They Asserted that They Recalled Nothing' - Nevertheless, neither Rossini nor Miller are severely criticized by the inspector general’s final report. It simply notes: “When we interviewed all of the individuals involved about the [cable] they asserted that they recalled nothing about it. [Miller] told the [inspector general] that he did not recall being aware of the information about Almihdhar, did not recall drafting the [cable], did not recall whether he drafted the [cable] on his own initiative or at the direction of his supervisor, and did not recall any discussions about the reasons for delaying completion and dissemination of the [cable]. [Rossini] said he did not recall reviewing any of the cable traffic or any information regarding Alhazmi and Almihdhar. Eric [a senior FBI agent on loan to Alec Station] told the [inspector general] that he did not recall the [cable].” [US Department of Justice, 11/2004, pp. 241, 355-357 pdf file]
Later Admit What Really Happened - At some point, Miller and Rossini tell an internal FBI investigation what really happened, including Wilshire’s order to withhold the information from the FBI. However, very little is known about this probe (see After September 11, 2001). [Congressional Quarterly, 10/1/2008] Rossini will be interviewed for a 2006 book by Lawrence Wright and will recall some of the circumstances of the blocking of the cable, including that a CIA officer told Miller, “This is not a matter for the FBI.” [Wright, 2006, pp. 311, 423] Both Miller and Rossini will later talk to author James Bamford about the incident for a 2008 book. [Congressional Quarterly, 10/1/2008] The exact date of this interview of Miller and Rossini is unknown. However, an endnote to the 9/11 Commission Report will say that Miller is interviewed by the inspector general on February 12, 2004, so it may occur on this day. [9/11 Commission, 7/24/2004, pp. 502]

Entity Tags: Office of the Inspector General (DOJ), Mark Rossini, Federal Bureau of Investigation, Central Intelligence Agency, Tom Wilshire, Alec Station, Doug Miller, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Paul Butler, chief of staff for Defense Secretary Rumsfeld, claims in a briefing that the prisoners being held in Guantanamo are “very dangerous people” who include “senior al-Qaeda operatives and leaders and Taliban leaders.” However, the New York Times will later report that “several senior officials with detailed knowledge of the Guantanamo detainees described Mr. Butler’s portrait of the camp as a work of verbal embroidery, saying none of the detainees at the camp could possibly be called a leader or senior operative of al-Qaeda.” [New York Times, 6/21/2004] Probably the closest to an al-Qaeda leader being held is one of bin Laden’s former bodyguards who nonetheless will be released later in 2004 (see Late November 2001). There were media reports as far back as August 2002 that no al-Qaeda leaders were being held at Guantanamo (see August 18, 2002). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Paul Butler

Timeline Tags: Torture of US Captives

The CIA sends a memo to top Bush administration officials informing them that Ibn al-Shaykh al-Libi, an al-Qaeda operative being held in custody by the CIA, recanted his claim in January that Iraq provided training in poisons and gases to members of al-Qaeda (see September 2002). [New York Times, 7/31/2004; Newsweek, 7/5/2005; Washington Post, 11/6/2005] The claim had been used in speeches by both President George Bush (see October 7, 2002) and Secretary of State Colin Powell (see February 5, 2003).

Entity Tags: White House, Ibn al-Shaykh al-Libi, Colin Powell, George W. Bush, Central Intelligence Agency

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

Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) tells US interrogators that Abdul Hakim Murad, along with KSM a key conspirator in the Bojinka plot, only had a small role in the operation, according to the 9/11 Commission. The Commission will cite four intelligence reports, drafted on February 19 (two), February 24, and April 2, 2004, as the source of this claim. According to KSM, Murad’s only role in the plot was to courier $3,000 from Dubai to Manila. However, other evidence indicates Murad was much more significantly involved in the plot (see Before January 6, 1995 and January 6, 1995). The Commission will comment, “This aspect of KSM’s account is not credible, as it conflicts not just with Murad’s own confession [note: this may be unreliable as Murad was tortured (see After January 6, 1995)] but also with physical evidence tying Murad to the very core of the plot, and with KSM’s own statements elsewhere that Murad was involved in planning and executing the operation.” [9/11 Commission, 7/24/2004, pp. 489]

Entity Tags: Khalid Shaikh Mohammed, Abdul Hakim Murad, 9/11 Commission, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), testifies before the grand jury investigating the Plame Wilson leak. Novak has already spoken to FBI investigators (see December 30, 2003) and to special prosecutor Patrick Fitzgerald (see January 14, 2004 and February 5, 2004), and disclosed the names of his three sources in the leak (see July 8, 2003 and Before July 14, 2003). Of his four appearances, Novak will later write: “I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.” [Human Events, 7/12/2006]

Entity Tags: Federal Bureau of Investigation, Valerie Plame Wilson, Robert Novak, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

A cardboard box delivered to the Scottsdale, Arizona, Office of Diversity and Dialogue explodes when the office director, Donald Logan, opens it. He suffers severe burns and lacerations from the blast. His assistant, Renita Linyard, is also severely injured, and office staffer Jacque Bell suffers lesser injuries. Scottsdale police quickly call for help from the US Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF), and veteran BATF special agent Tristan Moreland heads the investigation. Moreland believes that Logan, an African-American federal employee, was targeted for his job and his race. Moreland begins looking at white supremacist groups in the area. He learns that a national gathering of supremacists, neo-Nazis, and Ku Klux Klan (KKK) members took place a few months earlier in a park outside Scottsdale, an event called Aryanfest 2004. Two supremacists in attendance, Dennis Mahon (see 1973 and After, August 1994 - March 1995, November 1994, and February 9, 1996 and After) and Tom Metzger (see 1981 and After), attract Moreland’s particular attention. Mahon bragged at Aryanfest about his connection to Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and Metzger is well known for his advocacy of “lone wolf” style attacks such as McVeigh’s, where individuals launch attacks without the overt backing or involvement of actual organizations. Metzger heads a white supremacist organization called White Aryan Resistance (WAR) and Mahon is a member of that organization. (WAR will later change its name to The Insurgent.) Metzger and Mahon have been friends for decades. Moreover, Mahon had left a voice message at the Scottsdale diversity office months before about the city’s upcoming Hispanic heritage week, a message virulent enough in its hatred and implied threat of violence to attract the attention of law enforcement authorities (see October 2003). Moreland decides to investigate Mahon and Metzger further, and the BATF learns that Mahon and his twin brother Daniel had been living in a trailer park in Tempe, Arizona, before the bombing. They left the area shortly after, moving to a trailer park in Catoosa, Oklahoma. Unwilling to allow the investigation to stall, Moreland decides to find a willing confidential informant to go to Catoosa and get close to Mahon. The subsequent investigation elicits evidence that Mahon and Metzger were involved in the Scottsdale bombing and other attacks as well (see January 26, 2005 and After). [TPM Muckraker, 1/10/2012]

Entity Tags: Renita Linyard, Dennis Mahon, Daniel Mahon, Donald Logan, Office of Diversity and Dialogue, Timothy James McVeigh, Tom Metzger, White Aryan Resistance, Tristan Moreland, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Jacque Bell

Timeline Tags: US Domestic Terrorism

The FBI orders an internal review of its files to determine whether documents related to the 1995 Oklahoma City bombing case were improperly withheld from investigators or defense lawyers. Bombing conspirator Terry Nichols, already convicted on federal charges related to the case and serving a life sentence (see June 4, 1998), faces 161 counts of first-degree murder in an upcoming trial in McAlester, Oklahoma (see May 13, 2003). Recent press reports have raised new questions as to whether Nichols’s co-conspirator, bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001), had more accomplices than just Nichols. An Associated Press report says that documents not introduced at McVeigh’s trial (see June 2, 1997) indicated that FBI agents had destroyed evidence and failed to share other information that indicated McVeigh was part of a larger group of white supremacists who may have helped him carry out the bombing (see (April 1) - April 18, 1995). McVeigh had murky ties with a group called the Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and perhaps took part in bank robberies the group carried out. Moreover, ARA members possessed explosive blasting caps similar to those McVeigh used in the bomb; additionally, a driver’s license in the name of an alias used by Roger Moore, a man robbed by Nichols as part of an attempt to finance the bombing (see November 5, 1994), was later found in the possession of ARA member Richard Guthrie. Law enforcement officials continue to insist that no evidence exists of any larger conspiracy involving anyone other than Nichols and McVeigh, and the FBI’s internal review is motivated by nothing more than “an abundance of caution.” A government official says: “If there’s information out there, that needs to be looked at. This will be a document review to ascertain whether there are documents that were relative to the investigation and that should have been reviewed during the investigation or the prosecution.” If additional records are identified, the Justice Department will determine whether records were improperly withheld from defense lawyers in the case, the official says. The FBI had to conduct a similar document review just days before McVeigh’s 2001 execution after the Justice Department disclosed that the bureau had not turned over thousands of pages of interview reports and other material to McVeigh’s lawyers (see May 10-11, 2001). [New York Times, 2/27/2004; New York Times, 3/16/2004] Also, former television reporter Jayna Davis says she has unearthed ties between McVeigh, Nichols, and Iraqi soldiers operating undercover in the US; Davis has said the FBI refused to act on her information, and has accused the agency of a cover-up (see March 20, 2001). Retired FBI agent David Cid, who worked on the original case, calls Davis’s allegations absurd. “What possible motive would we have to conceal a Middle Eastern link?” he asks. “That was our immediate first assumption anyway” (see 10:00 a.m. April 19, 1995 and After). The presiding judge in the case, District Court Judge Steven Taylor, will conduct a hearing after the FBI’s announcement, but Nichols’s trial will not be delayed. [New York Times, 2/29/2004]

Entity Tags: Richard Guthrie, Aryan Republican Army, David Cid, Jayna Davis, Terry Lynn Nichols, Roger E. (“Bob”) Moore, US Department of Justice, Federal Bureau of Investigation, Steven W. Taylor, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Thomas Tamm.Thomas Tamm. [Source: Newsweek]Thomas Tamm, a veteran Justice Department prosecutor with a high-level security clearance, is finishing up a yearlong post with the Office of Intelligence Policy and Review (OIPR), a Justice Department unit handling wiretaps of suspected terrorists and spies. As his stint is coming to a close, Tamm learns of the existence of a highly classified National Security Agency (NSA) program that is electronically eavesdropping on American citizens—domestic wiretapping. He later learns that “the program,” as it is referred to by those few who know of it at all, is called “Stellar Wind.”
Concealment from FISA Judges - Tamm learns that the NSA program is being hidden from the Foreign Intelligence Surveillance Act (FISA) Court, a panel of federal judges who by law must approve and supervise such surveillance for intelligence purposes. OIPR lawyers ask the FISA Court for permission to implement national-security wiretaps. But, Tamm learns, some wiretaps—signed only by Attorney General John Ashcroft—are going to the chief FISA Court judge and not the other ten judges on the FISA panel. The “AG-only” requests are extraordinarily secretive, and involve information gleaned from what is only referred to as “the program”—Stellar Wind. Only a very few White House and US intelligence officials know the name and the nature of “the program.” Stellar Wind involves domestic wiretaps on telephones and computer e-mail accounts derived from, but not necessarily linked to, information secured from captured al-Qaeda computers and cell phones overseas. With the voluntary cooperation of American telecommunications companies (see 1997-August 2007 and After, February 2001, February 2001, and February 2001 and Beyond), the NSA program also collects vast amounts of personal data about US citizens’ phone and e-mail communications. The program also collects an enormous amount of financial information from the Treasury Department (see February 28, 2006), all collected as part of the NSA’s “data mining” efforts (see Late 1999 and After September 11, 2001).
Program Is 'Probably Illegal,' Says DOJ Official - Tamm, suspicious about the unusual requests, asks his supervisors about the program, and is told to drop the subject. “[N]o one wanted to talk about it,” he will recall. Tamm asks one of his supervisors, Lisa Farabee, “Do you know what the program is?” Farabee replies: “Don’t even go there.… I assume what they are doing is illegal.” Tamm is horrified. His first thought, he will later recall, is, “I’m a law enforcement officer and I’m participating in something that is illegal?” Tamm soon finds out from deputy OIPR counsel Mark Bradley that the chief FISA judge, Colleen Kollar-Kotelly, is raising unwanted questions about the warrant requests (see 2004 and 2005), and “the AG-only cases are being shut down.” Bradley adds, “This may be [a time] the attorney general gets indicted.”
Request for Guidance Turned Down - For weeks, Tamm agonizes over what to do. He seeks guidance from a former colleague, Sandra Wilkinson, who now works on the Senate Judiciary Committee. The two have coffee in the Senate cafeteria, and Tamm asks Wilkinson to ask if anyone on the committee knows anything about “the program.” Weeks go by without a response, and Tamm sends Wilkinson an e-mail from his OIPR computer—an e-mail that will later alert the FBI to Tamm’s interest in Stellar Wind. During a second conversation, Wilkinson refuses to give Tamm any information. “Well, you know, then,” he replies, “I think my only option is to go to the press.”
Contacting the New York Times - Tamm finally decides to contact the New York Times’s Eric Lichtblau, who has written several stories on the Justice Department that impressed Tamm. By this point he has transferred out of OIPR and back into a Justice Department office that would allow him to return to the courtroom. Tamm calls Lichtblau from a pay phone near the US District Courthouse in Washington. “My whole body was shaking,” he will recall. He identifies himself only as “Mark” (his middle name), and arranges to meet Lichtblau at a bookstore near the Justice Department. (In his 2008 book Bush’s Law: The Remaking of American Justice, Lichtblau describes Tamm as “a walk-in” source who was “agitated about something going on in the intelligence community.” Lichtblau will describe Tamm as wary and “maddeningly vague,” but as they continue to meet—usually in bookstores and coffee shops in the Capitol District—Tamm’s “credibility and his bona fides became clear and his angst appears sincere. Eighteen months later, after finally overriding a request and warning from President Bush not to print the story (see December 6, 2005), the Times reports on the existence of the NSA program (see December 15, 2005). [Ars Technica, 12/16/2008; Newsweek, 12/22/2008]

Entity Tags: Mark Bradley, Federal Bureau of Investigation, Eric Lichtblau, Colleen Kollar-Kotelly, Bush administration (43), ’Stellar Wind’, Foreign Intelligence Surveillance Court, Lisa Farabee, Senate Judiciary Committee, Thomas Tamm, Sandra Wilkinson, Office of Intelligence Policy and Review, New York Times, US Department of the Treasury, National Security Agency, US Department of Justice, John Ashcroft

Timeline Tags: Civil Liberties

Lawyers meet with accused al-Qaeda terrorist Jose Padilla (see September-October 2000 and May 8, 2002) for the first time. [Associated Press, 6/2004]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

March 5, 2004: Libby Lies to Grand Jury

Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to the indictment that will later be issued against Libby (see October 28, 2005), he commits perjury during his testimony. [US Department of Justice, 3/5/2004 pdf file; MSNBC, 2/21/2007; Washington Post, 7/3/2007] Libby is questioned by special prosecutor Patrick Fitzgerald, who is aided by deputy special counsels Ron Roos, Peter Zeidenberg, and Kathleen Kedian. At the beginning of the questioning, Fitzgerald ensures that Libby understands the circumstances that constitute perjury.
Denies Being Source for Columnist - Fitzgerald asks Libby about his involvement as a source for columnist Robert Novak, who revealed Plame Wilson’s secret CIA status in a column (see July 14, 2003). Libby denies being a source for Novak.
Admits Learning about Plame Wilson's CIA Status from Cheney - He admits that Cheney told him that Joseph Wilson’s wife was a CIA officer: while discussing Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), Libby says of Cheney: “And in the course of describing this he also said to me in sort of an off-hand manner, as a curiosity, that his wife worked at the CIA, the person who—whoever this person was. There were no names at that stage so I didn’t know Ambassador Wilson’s name at that point, or the wife’s name.” Libby also admits that he knew Plame Wilson worked at the “functional office” of the CIA that handled the Iraq WMD issue.
Libby 'Forgot' He Already Knew about Plame Wilson - Later in the interview, Fitzgerald asks again if it is “fair to say that [Cheney] had told you back in June, June 12 or before… that his wife worked in the functional office of counterproliferation of the CIA (see (June 12, 2003)). Correct?” Libby answers, “Yes, sir.” Fitzgerald then asks: “So when you say, that after we learned that his wife worked at the agency, that became a question. Isn’t it fair to say that you already knew it from June 12 or earlier?” Libby then answers: “I believe by, by this week I no longer remembered that. I had forgotten it. And I believe that because when it was told to me on July 10, a few days after this article, it seemed to me as if I was learning it for the first time. When I heard it, I did not think I knew it when I heard.” Libby is referring to his claim that he originally learned of Plame Wilson’s identity from NBC reporter Tim Russert (see July 10 or 11, 2003), a claim that Russert will strongly deny (see February 7-8, 2007). [US Department of Justice, 3/5/2004 pdf file]
Claims Not to Have Discussed Plame Wilson until after Novak's Column Published - Fitzgerald asks Libby if he recalls the question of whether the possibility that Plame Wilson sent her “husband on a junket” (see July 7, 2003 or Shortly After), and whether he discussed it with Cheney. Libby replies: “I don’t recall the conversation until after the Novak piece. I don’t recall it during the week of July 6. I recall it after the Novak… after the Novak article appeared.” Fitzgerald, obviously unconvinced by Libby’s claim, asks, “And are you telling us under oath that from July 6 to July 14 you never discussed with Vice President Cheney whether Mr. Wilson’s wife worked at the CIA?” Libby responds: “No, no, I’m not saying that. On July 10 or 11 I learned, I thought anew, that the wife—that the reporters were telling us that the wife worked at the CIA. And I may have had a conversation with the vice president either late on the 11th or on the 12th in which I relayed that reporters were saying that.” Libby is lying by claiming he never discussed Plame Wilson with Cheney or other White House officials between July 6 and July 14 (see July 7, 2003 or Shortly After, July 7-8, 2003, July 8, 2003, 12:00 p.m. July 7, 2003, and July 10 or 11, 2003). [US Department of Justice, 3/5/2004 pdf file; National Journal, 1/12/2007]
Denies Learning of State Department Memo until Late September 2003 - Libby also denies learning of the State Department’s interest in the Wilson trip and in Wilson’s wife until after the investigation into Plame Wilson’s identity became public on September 28, 2003, “a couple days after that,” he says. “I don’t have any recollection of an INR [Bureau of Intelligence and Research, the State Department’s intelligence bureau] document prior to that date.” Libby is lying; he learned about the State Department’s inquiry into the Wilson trip, and Plame Wilson’s CIA status, much earlier (see 12:00 p.m. June 11, 2003). He also denies asking the State Department’s Marc Grossman for information on Wilson’s Niger trip, which is most likely another lie (see May 29, 2003). And he claims not to remember if he learned from Grossman that Plame Wilson was a CIA official.
Denies Talking to CIA Official - Libby also claims not to remember discussing Plame Wilson with Robert Grenier, the CIA’s Iraq mission manager. “I don’t think I discussed Wilson’s wife’s employment with, with Mr. Grenier,” he testifies. “I think if I discussed something it was what they knew about the request about Mr., about Mr. Wilson. I don’t recall the content of the discussion.” Asked “if there was an urgency to the conversation” with Grenier, Libby replies, “I recall that I was reaching Mr. Grenier—I was trying to reach Mr. McLaughlin [John McLaughlin, then the CIA’s deputy director, who spoke to Cheney the day before about Plame Wilson—see 12:00 p.m. June 11, 2003) and couldn’t, and spoke instead to Mr. Grenier. And so if I did that instead of just waiting for Mr. McLaughlin, it was probably something that was urgent in the sense that my boss, the vice president, wanted, wanted to find something out. Not, not necessarily in the real world, but he wanted an answer and usually we try and get him the answer when we can.” Libby did indeed meet with Grenier, and quizzed him about Plame Wilson (see 2:00 p.m. June 11, 2003).
Denies Leaking Name to Post Reporter - Libby claims not to be sure if he was a source for a June 2003 article by Washington Post reporter Walter Pincus (see June 12, 2003), but says he is sure he did not divulge Plame Wilson’s identity to him. “I have no recollection of having discussed it with Mr. Pincus and I don’t think I did,” Libby testifies. He acknowledges that his own notes, entered into evidence by Fitzgerald, show that he discussed the Pincus article with Cheney before it was published. Libby also denies revealing Plame Wilson’s identity to two New York Times reporters, David Sanger and James Risen.
Challenges Wilson's Characterization of Iraq-Niger Claims - Using language similar to that he and other members of Cheney’s staff have used in press conferences and to individual reporters, Libby says that Joseph Wilson’s questioning of the Iraq-Niger claims were ill-informed, and that Wilson was wrong to speculate that Cheney had deliberately ignored the evidence that those claims were false to insist that Iraq had an active nuclear weapons program and therefore constituted a danger to the US (see March 24, 2002, August 2002, March 16, 2003, and July 6-10, 2003). Libby says of Wilson’s op-ed in the New York Times (see July 6, 2003), “It’s a, it’s a bad article.” He admits to being angry over the article, then changes it to being “concerned because it didn’t seem to me an accurate portrayal of the facts.… Upset’s a fair word, I guess.” He admits to discussing the Wilson op-ed with Cheney shortly after its publication, though he is unsure of the exact date of that discussion (see July 6-10, 2003, July 7-8, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby acknowledges that notations on a copy of the Wilson op-ed are in Cheney’s handwriting (see July 7, 2003 or Shortly After). [US Department of Justice, 3/5/2004 pdf file]

Entity Tags: Robert Grenier, Robert Novak, Walter Pincus, Valerie Plame Wilson, US Department of State, Richard (“Dick”) Cheney, Ron Roos, Peter Zeidenberg, Tim Russert, Marc Grossman, Bureau of Intelligence and Research, David Sanger, John E. McLaughlin, James Risen, Patrick J. Fitzgerald, Kathleen Kedian, Lewis (“Scooter”) Libby, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

March 8, 2004: Court Denies Al-Marri Appeal

A federal court denies the appeal of suspected al-Qaeda operative Ali Saleh Kahlah al-Marri , who is challenging his classification as an enemy combatant (see June 23, 2003) and wants his case heard in Illinois, where he attended college. The court rules that al-Marri’s case belongs in South Carolina, where he is being held in strict isolation in the Charleston naval brig. Mark Berman, an attorney for al-Marri, says the ruling will be appealed to the Supreme Court. (The Court will decline to review the decision (see October 4, 2004).) Al-Marri’s lawyers say that wherever the case is heard, they will seek a writ of habeas corpus to require the government to justify its detention of their client. Government lawyers say they have evidence that al-Marri was in the US helping al-Qaeda plan terrorist attacks, but have refused to provide that evidence. [Associated Press, 3/10/2004]

Entity Tags: US Supreme Court, Alice Fisher, Al-Qaeda, Mark Berman, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives

Chuck Rosenberg.Chuck Rosenberg. [Source: Associated Press / Charles Dharapak]Vice President Dick Cheney challenges objections to the White House’s secret, warrantless surveillance program (see Early 2002) by Justice Department officials. Cheney makes his objections during a meeting attended by high-level White House and Justice Department officials, but this does not come to light until a 2007 testimony by Deputy Attorney General James Comey (see May 15, 2007). [Washington Post, 6/7/2007] (Comey will step down from his post in mid-2005.) [Law.com, 4/21/2005] The White House meetings take place one day before White House officials journey to Attorney General John Ashcroft’s hospital room to try to force Ashcroft to give his approval for the NSA-managed surveillance program (see March 10-12, 2004). Ashcroft will refuse to give his approval. Cheney’s key role in leading what the Washington Post calls “a fierce internal battle over the legality of the warrantless surveillance program” is not known until Comey’s 2007 testimony. The White House meeting, held to discuss Justice Department objections to the NSA program, is attended by Cheney, White House counsel and future attorney general Alberto Gonzales, Cheney’s chief counsel David Addington, and others. Comey will testify that at the time, eight Justice Department officials are prepared to resign if the White House doesn’t back down on forcing the department to sign off on the program. Those officials include FBI director Robert Mueller, US attorney Chuck Rosenberg of the northern Virginia district, and Office of Legal Counsel head Jack Goldsmith. [Washington Post, 6/7/2007]

Entity Tags: Washington Post, US Department of Justice, Robert S. Mueller III, John Ashcroft, Alberto R. Gonzales, Chuck Rosenberg, David S. Addington, Richard (“Dick”) Cheney, James B. Comey Jr., Jack Goldsmith

Timeline Tags: Civil Liberties

Attorney General John Ashcroft is visited by a squad of top White House and Justice Department officials just hours after Ashcroft underwent emergency surgery for severe, acute pancreatis, and is still recuperating in intensive care. The White House officials attempt to persuade the barely lucid Ashcroft to give his formal approval for the secret National Security Agency warrantless wiretapping surveillance program (see Early 2002), which requires the Justice Department to periodically review and approve it. [National Public Radio, 5/15/2007; Washington Post, 5/16/2007; Washington Post, 6/7/2007; Associated Press, 6/7/2007]
Comey, Goldsmith Rush to Head Off Aides - Deputy Attorney General James Comey testifies to the incident before the Senate Judiciary Committee over three years later (see May 15, 2007). Comey will recall that he and Ashcroft had decided not to recertify the surveillance program due to their concerns over its legality and its lack of oversight. On March 9, Ashcroft was rushed to the hospital with severe pancreatis. As per Justice Department procedures, Comey became acting attorney general for the duration of Ashcroft’s incapacity. The next night, just hours after Ashcroft underwent emergency surgery for the removal of his gallbladder, Comey receives an urgent phone call from Ashcroft’s aide, David Ayres, who himself has just spoken with Ashcroft’s wife Janet. Ayres tells Comey that White House counsel Alberto Gonzales and White House chief of staff Andrew Card are en route to Ashcroft’s hospital room to pressure Ashcroft to sign off on the program recertification. A furious Comey telephones FBI director Robert Mueller, and the two, accompanied by aides, race separately through the Washington, DC streets with sirens wailing to reach Ashcroft’s hospital room; they beat Gonzales and Card to the room by a matter of minutes. “I was concerned that, given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that,” Comey will testify, and will add that to him, Ashcroft appears “pretty bad off.” En route, Mueller instructs the security detail protecting Ashcroft not to allow Card or Gonzales to eject Comey from the hospital room. Card and Gonzales enter just minutes later. [Washington Post, 5/16/2007; PBS, 5/16/2007] “And it was only a matter of minutes that the door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card,” Comey will testify. “They came over and stood by the bed, greeted the attorney general very briefly, and then Mr. Gonzales began to discuss why they were there—to seek his approval for a matter.” [National Public Radio, 5/15/2007] Gonzales is holding an envelope containing an executive order from Bush. He tells Ashcroft that he needs to sign off on the order, thereby giving the wiretapping program Justice Department authorization to continue unabated. Comey will testify that Ashcroft “lifted his head off the pillow and in very strong terms expressed his view of the matter, rich in both substance and fact, which stunned me. [Ashcroft then adds] ‘But that doesn’t matter, because I’m not the attorney general. There is the attorney general,’” pointing at Comey. Gonzales and Card leave the room without ever acknowledging Comey’s presence. “I was angry,” Comey will recall. “I thought I just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me.” [Washington Post, 5/16/2007; Washington Post, 6/7/2007] “That night was probably the most difficult night of my professional life, so it’s not something I forget,” Comey will testify. [PBS, 5/16/2007] Goldsmith is also in the room; like Comey, Goldsmith receives a phone call alerting him to Gonzales’s and Card’s visit, and like Comey, Goldsmith races through the Washington streets to arrive at Ashcroft’s room minutes before Gonzales and Card arrive. He, too, is astonished at the brazen, callous approach taken by the two White House officials against Ashcroft, who he describes as laying in his darkened hospital room, with a bright light shining on him and tubes and wires protruding from his body. “Ashcroft, who looked like he was near death, sort of puffed up his chest,” Goldsmith later recalls. “All of a sudden, energy and color came into his face, and he said that he didn’t appreciate them coming to visit him under those circumstances, that he had concerns about the matter they were asking about and that, in any event, he wasn’t the attorney general at the moment; Jim Comey was. He actually gave a two-minute speech, and I was sure at the end of it he was going to die. It was the most amazing scene I’ve ever witnessed.” As Gonzales and Card leave the room, Goldsmith will recall, “Mrs. Ashcroft, who obviously couldn’t believe what she saw happening to her sick husband, looked at Gonzales and Card as they walked out of the room and stuck her tongue out at them. She had no idea what we were discussing, but this sweet-looking woman sticking out her tongue was the ultimate expression of disapproval. It captured the feeling in the room perfectly.” [New York Times Magazine, 9/9/2007] After Gonzales and Card leave the room, Comey asks Mueller to instruct the security detail not to let any more visitors into the room, except for family, without Mueller’s approval, apparently in order to keep Gonzales and Card from attempting to return. [US Department of Justice, 8/14/2007]
Cheney or Bush Behind Visit? - The hospital visit is sparked by at least two events: a meeting of White House officials a day earlier, where Vice President Dick Cheney attempted to push reluctant Justice Department officials to approve the surveillance program (see March 9, 2004), and Comey’s own refusal to certify the legality of the surveillance, as noted above. [Washington Post, 6/7/2007] Some believe that the timing of the incident shows that Cheney is the one who ordered Gonzales and Card to go to Ashcroft’s hospital room; Comey personally informed Cheney of his decision not to give his approval to the program. Speculation about Cheney’s ordering of the visit cannot be confirmed, [National Journal, 7/7/2007; National Journal, 8/16/2007] though the New York Times states flatly in an op-ed that “Vice President Dick Cheney sent Mr. Gonzales and [Card] to Mr. Ashcroft’s hospital room to get him to approve the wiretapping.” [New York Times, 7/29/2007] Three years later, Goldsmith will tell Congress that he believes Bush himself authorized the visit (see October 2, 2007).
Meeting in the White House - Minutes after the incident in Ashcroft’s hospital room, Card orders Comey to appear at a late-night meeting at the White House; Comey refuses to go alone, and pulls Solicitor General Theodore Olson from a dinner party to act as a witness to the meeting. “Mr. Card was very upset and demanded that I come to the White House immediately. After the conduct I had just witnessed, I would not meet with him without a witness present,” Comey will testify. “[Card] replied, ‘What conduct? We were just there to wish him well.’ And I said again, ‘After what I just witnessed, I will not meet with you without a witness. And I intend that witness to be the solicitor general of the United States.’” On March 11, after an al-Qaeda bombing in Madrid kills over 200 people (see 7:37-7:42 a.m., March 11, 2004, Bush recertifies the program without the approval of the Justice Department. Comey responds by drafting a letter of resignation, effective March 12. “I couldn’t stay if the administration was going to engage in conduct that the Department of Justice had said had no legal basis,” he will testify. “I just simply couldn’t stay.” Comey is not the only one threatening to resign; he is joined by Ashcroft, Mueller, Ayres, Goldsmith, Justice Department official Patrick Philbin, and others, who all intend to resign en masse if Bush signs off on the surveillance program without Justice Department support. But Ayres persuades Comey to delay his resignation; in Comey’s words, Ayres “asked me something that meant a great deal to him, and that is that I not resign until Mr. Ashcroft was well enough to resign with me.” Instead of resigning on March 12, Bush meets separately with Comey and Mueller, and promises to make changes in the program (see March 12-Mid-2004). Those changes have never been disclosed, though some changes are later found to be the creation of a secret review court to oversee the surveillance court, and the clarification of what exactly constitutes “probable cause” for surveillance. Comey will testify,…“Director Mueller came to me and said that, ‘The president told me that the Department of Justice should get this where it wants to be—to do what the department thinks is right.’ And I took that mandate and set about to do that, and I accomplished that.” [Newsweek, 1/9/2006; National Public Radio, 5/15/2007; New York Times, 5/15/2007; Washington Post, 5/16/2007; PBS, 5/16/2007; Associated Press, 6/7/2007] Goldsmith recalls his surprise when Congress later approves the program and brings it somewhat under the supervision of the FISA court. “I was sure the government was going to melt down,” Goldsmith says in 2007. “No one anticipated they were going to reverse themselves.” [New York Times Magazine, 9/9/2007]
Did Gonzales Break the Law? - It is also possible that Gonzales and Card may have broken the law in discussing classified information in a public venue. “Executive branch rules require sensitive classified information to be discussed in specialized facilities that are designed to guard against the possibility that officials are being targeted for surveillance outside of the workplace,” says law professor Neal Katyal, a national security adviser under Bill Clinton. “The hospital room of a cabinet official is exactly the type of target ripe for surveillance by a foreign power. And the NSA program is particularly sensitive. One government official familiar with the program notes, “Since it’s that program, it may involve cryptographic information,” some of the most highly protected information in the intelligence community. The law governing disclosure of classified information is quite strict, and numerous government and military officials have been investigated for potential violations in the past. “It’s the one you worry about,” says the government official. Katyal says that if Gonzales did indeed break the law, the Justice Department cannot run any investigation into the matter: “The fact that you have a potential case against the Attorney General himself calls for the most scrupulous and independent of investigations.” Many others are dismayed and confused by the contradictions between the absolute secrecy surrounding the program, and Gonzales’s and Card’s willingness to openly discuss it in such an insecure location, and in front of witnesses not cleared to hear details about the program—including Ashcroft’s wife, who is present in the room while the officials seek her husband’s signature. Former NSA general counsel Elizabeth Parker says not enough is known about the meeting to be sure whether or not the law was broken. “Obviously things can be discussed in ways that don’t divulge highly classified information,” she says. “The real issue is what is it about this program that is so classified that can’t allow it to be discussed in a Congressional setting, even a closed Congressional hearing. In order to have confidence in what this program is all about, one needs to understand better what the approach is and how it affects the rights of American citizens.”
'Horrible' Judgment - John Martin, who oversaw Justice’s counterintelligence division for 26 years, calls Gonzales’s and Card’s attempt to override Comey’s authority as acting attorney general as more than just “bad judgment.” Martin calls their judgement “horrible…they both knew or should have known that the Attorney General while he was so incapacitated had delegated his power to his deputy Jim Comey. Comey’s actions were heroic under the circumstances.” [Time, 5/17/2007]
Snow Dismisses Concerns - In May 2007, after Comey’s testimony to the Senate hits the media, White House press secretary Tony Snow dismisses any concerns about the inappropriateness of Gonzales’s and Card’s pressuring of Ashcroft in his hospital room, and skips over the fact that Comey, not Ashcroft, had the final authority of the Attorney General at the time. “Because he had an appendectomy, his brain didn’t work?” Snow will say of Ashcroft. “Jim Comey can talk about whatever reservations he may have had. But the fact is that there were strong protections in there, this program has saved lives and it’s vital for national security and furthermore has been reformed in a bipartisan way.” Judiciary Committee member Charles Schumer (D-NY) has a different take on the incident: “What happened in that hospital room crystallized Mr. Gonzales’ view about the rule of law: that he holds it in minimum low regard.” [Associated Press, 6/7/2007] Senate Democrats are preparing to introduce a resolution of no-confidence against Gonzales. [Time, 5/17/2007]

Entity Tags: National Security Agency, George W. Bush, Jack Goldsmith, James B. Comey Jr., John Ashcroft, Elizabeth Parker, Janet Ashcroft, Richard (“Dick”) Cheney, John Martin, David Ayres, Alberto R. Gonzales, Andrew Card, US Department of Justice, Charles Schumer, Theodore (“Ted”) Olson, Tony Snow, Robert S. Mueller III, Senate Judiciary Committee, Patrick F. Philbin, Neal Katyal

Timeline Tags: Civil Liberties

Multiple bombs destroyed this train in Madrid, Spain.Multiple bombs destroyed this train in Madrid, Spain. [Source: Rafa Roa/ Cover/ Corbis] (click image to enlarge)At about 7:40 a.m., four trains are bombed in Madrid, Spain, killing 191 people and injuring about 1,800 more. These are not suicide bombings, but were set by cell phone timers. Basque separatists are initially blamed, but evidence later points to people loosely associated with al-Qaeda. It will later be reported that 34 out of the 40 main people suspected or arrested for involvement in the bombings were under surveillance in Spain prior to the bombings (see Shortly Before March 11, 2004). Most of the bombers had never been to any training camps. In 2006, Spanish investigators will announce that the bombings were inspired by al-Qaeda, but not ordered or funded by al-Qaeda’s leadership. Specifically, the bombers are said to have been inspired by a speech allegedly given by Osama bin Laden in October 2003 (see October 19, 2003). [New Yorker, 7/26/2004; Associated Press, 3/9/2006] However, there will also be evidence against this that will not be refuted. For instance, the investigators will claim that all the key participants are either dead or in jail, but a number of them remain free overseas. For example, Amer el-Azizi is implicated in the Madrid bombings (see Before March 11, 2004), and he has links to well-known al-Qaeda figures such as Khalid Shaikh Mohammed (see (November 2001)), Ramzi bin al-Shibh (see Before July 8, 2001), and Zacarias Moussaoui (see Before August 16, 2001). In late 2002 or early 2003, el-Azizi is said to have met with Serhane Abdelmajid Fakhet, one of the key bombers, to discuss a bombing. He reportedly gave Fakhet permission to stage a bombing in the name of al-Qaeda, but it is unclear if he gave any funding or other assistance. [Associated Press, 4/10/2004; New Yorker, 7/26/2004] There are suggestions that el-Azizi was protected by Spanish intelligence (see Shortly After November 21, 2001), so the government may not be eager to highlight his involvement. Fakhet, considered one of the three masterminds of the bombings, may have been a government informant (see Shortly After October 2003). Many of the other plotters also appear to have been informants, and almost all the plotters were under surveillance before the bombings (see Shortly Before March 11, 2004). Former counterterrorism “tsar” Richard Clarke will say later in the month: “If we catch [bin Laden] this summer, which I expect, it’s two years too late. Because during those two years when forces were diverted to Iraq… al-Qaeda has metamorphosized into a hydra-headed organization with cells that are operating autonomously like the cells that operated in Madrid recently.” [USA Today, 3/28/2004] It will be noted that the 9/11 terrorist attacks in the US and the Madrid train bombings are separated by a total of 911 days. [MSNBC, 3/19/2004; Bloomberg, 4/22/2005]

Entity Tags: Osama bin Laden, Amer el-Azizi, Al-Qaeda, Richard A. Clarke, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

After senior Justice Department officials object to the possible illegality of the National Security Agency’s secret domestic surveillance program, and refuse to sign off on its continued use, the program is suspended for several months while Justice Department officials conduct a secret audit of the program. Attorney General John Ashcroft will recertify the program at the end of the month (see Late March, 2004). The suspension is prompted by acting Attorney General James Comey’s refusal to approve the program when it comes up for its regular 45-day review, and a subsequent late-night hospital visit by White House officials Andrew Card and Alberto Gonzales to the hospital room of Attorney General John Ashcroft, where they unsuccessfully attempt to pressure Ashcroft, recuperating from surgery, to overrule Comey and approve the program (see March 10-12, 2004). Bush himself has personally reauthorized the program over 30 times since its inception after the 9/11 attacks (see Early 2002), and reauthorizes it himself after Comey and Ashcroft refuse to give it their approval. This reauthorization prompts a threat of mass resignations by Justice Department officials unless the program is brought under increased oversight. Bush will allow the Justice Department to recommend changes to the program, though those changes have never been made public. The Justice Department audits a selection of cases to see how the NSA is running the program, scrutinizing how NSA officials determine that they have probable cause to wiretap US citizens’ phones and e-mail accounts. The results of that audit have not been made public. When the program was first authorized by Bush’s executive order in early 2002, it was so secret that then-Deputy Attorney General Larry Thompson, who was active in most of the government’s most highly classified counterterrorism operations, was not given access to the program. That decision, among other elements of the program, led many Justice Department officials to worry that the program was operating outside of the Constitution and without proper oversight. Comey, Thompson’s successor, was eventually given authorization to take part in the program and to review intelligence data produced by it. Justice Department officials say that Comey takes part in overseeing the reforms that are put into place during the current audit. However, those reforms do not restrict the NSA’s authority to independently choose its eavesdropping targets, and NSA shift supervisors have the authority to decide for themselves whether there is enough evidence against a US citizen to warrant a secret wiretap. No one at the Justice Department or in the White House needs to be consulted before a wiretap is put into place. [New York Times, 12/31/2005]

Entity Tags: US Department of Justice, National Security Agency, Larry D. Thompson, Associated Press, James B. Comey Jr., John Ashcroft, Alberto R. Gonzales, George W. Bush, Andrew Card

Timeline Tags: Civil Liberties

It was disclosed in 2003 that the NSA had intercepted several calls between hijackers Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi and an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001 and Summer 2002-Summer 2004). But in 2004, after revelations that the NSA has been wiretapping inside the US, some media begin to re-examine the circumstances of the hijackers’ calls from the US, as the Bush administration uses the example of these calls as a justification for the NSA’s domestic wiretapping program. [New York Times, 12/16/2005; Los Angeles Times, 12/21/2005; US President, 12/26/2005 pdf file] The calls are thought to be a key aspect of the alleged intelligence failures before 9/11. In late 1998, the FBI had started plotting intercepts of al-Qaeda calls to and from the communications hub on a map (see Late 1998-Early 2002). According to author Lawrence Wright, “[h]ad a line been drawn from the [communications hub] in Yemen to Alhazmi and Almihdhar’s San Diego apartment, al-Qaeda’s presence in America would have been glaringly obvious.” [Wright, 2006, pp. 343-344] In 2006, former NSA Director Michael Hayden will tell the Senate that if the NSA’s domestic wiretapping program had been active before 9/11, the NSA would have raised the alarm over the presence of hijackers Khalid Almihdhar and Nawaf Alhazmi in San Diego. [CNN, 5/19/2006] However, reports in the press suggest otherwise. For example, in one newspaper a senior intelligence official will say that it was not technically possible for the NSA, which had a budget of around $3.6 billion in 2000, to trace the calls. “Neither the contents of the calls nor the physics of the intercepts allowed us to determine that one end of the calls was in the United States,” says the official. [Bamford, 2002, pp. 482; US News and World Report, 3/15/2004] But another report flatly contradicts this. “NSA had the technical ability to pick up the actual phone number in the US that the switchboard was calling but didn’t deploy that equipment, fearing they would be accused of domestic spying.” [MSNBC, 7/21/2004] It is unclear why concerns about domestic spying allegations would prevent the NSA from passing the information on to the FBI. Almihdhar and Alhazmi were not US citizens, but foreign nationals who had entered the US illegally claiming to be tourists. In addition, there was a wealth of evidence connecting them to al-Qaeda (see Early 1999, January 5-8, 2000, and Early 2000-Summer 2001). In any event, the NSA did reportedly disseminate dispatches about some of these US calls (see Spring-Summer 2000). Some FBI officials will later profess not to know what went wrong and why they were not notified of the hijackers’ presence in the US by other agencies. A senior counterterrorism official will say: “I don’t know if they got half the conversation or none of it or hung up or whatever. All I can tell you is we didn’t get anything from it—we being the people at the FBI who could have done something about it. So were they sitting on it? I don’t know.” [Los Angeles Times, 12/21/2005] The US intelligence community, through the CIA, also had access to the phone company’s records for the Yemeni communications hub, which would have shown what numbers were being called in the US (see Late 1998-Early 2002).

Entity Tags: Michael Hayden, Khalid Almihdhar, Federal Bureau of Investigation, National Security Agency, Ahmed al-Hada, Bush administration (43), US intelligence, Salem Alhazmi, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Richard Clarke, counterterrorism “tsar” from 1998 until October 2001, ignites a public debate by accusing President Bush of doing a poor job fighting al-Qaeda before 9/11. In a prominent 60 Minutes interview, he says: “I find it outrageous that the president is running for re-election on the grounds that he’s done such great things about terrorism. He ignored it. He ignored terrorism for months, when maybe we could have done something to stop 9/11.… I think he’s done a terrible job on the war against terrorism.” He adds: “We had a terrorist organization that was going after us! Al-Qaeda. That should have been the first item on the agenda. And it was pushed back and back and back for months.” He complains that he was Bush’s chief adviser on terrorism, yet he never got to brief Bush on the subject until after 9/11. [CBS News, 3/21/2004; CBS News, 3/21/2004; Guardian, 3/23/2004; Salon, 3/24/2004] Author Philip Shenon will call the interview “gripping” and comment that Clarke is “made for television.” This is because of his “urgent speaking style” and his “shock of white hair and ghostly pallor,” which makes it look like he has “emerged from years of hiding in sunless back rooms of the West Wing to share the terrible secrets he ha[s] learned.” [Shenon, 2008, pp. 277] The next day, his book Against All Enemies is released and becomes a bestseller. [Washington Post, 3/22/2004] He testifies before the 9/11 Commission a few days later (see March 24, 2004).

Entity Tags: George W. Bush, Richard A. Clarke, Philip Shenon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

Lawyers make their opening statements in the trial of Oklahoma City bombing conspirator Terry Nichols (see March 1, 2004), charged with 161 counts of first-degree murder in the bombing. Nichols is already serving a life sentence from a conviction in federal court (see December 23, 1997). Assistant District Attorney Lou Keel calls Nichols and executed Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) “partners in terror,” and tells of a plethora of evidence joining the two in the conspiracy to destroy the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Lead defense lawyer Brian T. Hermanson says that Nichols was the victim of “manipulation” and “betrayal” by his friend McVeigh. The prosecution seems to be following a similar path as that taken in Nichols’s federal trial, but Nichols’s defense is trying to raise new doubts about others possibly involved in the conspiracy (see March 16, 2004), including questioning the existence and identity of the infamous “John Doe No. 2,” a purported fellow conspirator who was never caught and whom the FBI has said never existed (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995).
Judge Lashes Prosecution for 'Inexcusable Conduct' - Judge Steven Taylor excoriates the prosecution for its “inexcusable conduct” in withholding an impropriety in jury selection, saying that the impropriety might cause a mistrial later in the case. Taylor says the Oklahoma County District Attorney’s office failed to inform the court until the jury was already chosen that among the 12 jurors and six alternates were three relatives of a prosecutor with local roots who had worked on jury selection. “The court cannot imagine why the prosecutors affirmatively chose not to reveal this information during the jury selection,” Taylor says, blaming prosecutor George Burnett for the lapse. Burnett, Taylor says, knew in early March that he was related to three or four people in the 357-member jury pool, but continued to participate in the process of jury selection that included three of his relatives. At that point, Burnett told his fellow prosecutors, but no one told Taylor until March 12, the day after the jury was selected and the process closed. The jurors bear no blame in the matter, Taylor says. He dismissed the three jurors in question, leaving only three alternates. If the jurors should fall below the requisite dozen, he warns, “the trial will not end in a mistrial, it will end in a dismissal with prejudice,” meaning Nichols cannot be retried on the charges. Prosecutors do not respond in court to Taylor’s admonishment, and say nothing to reporters, as Taylor has barred both sides from speaking to reporters about the case. [New York Times, 3/23/2004]

Entity Tags: Lou Keel, Brian Hermanson, George Burnett, Terry Lynn Nichols, Timothy James McVeigh, Steven W. Taylor

Timeline Tags: US Domestic Terrorism

March 24, 2004: Libby Lies to Grand Jury Again

Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath a second time (see March 5, 2004) before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to his later indictment (see October 28, 2005), Libby commits perjury during his testimony. [United States District Court for the District of Columbia, 3/24/2004 pdf file; MSNBC, 2/21/2007; Washington Post, 7/3/2007] There is a certain amount of overlap in the subjects discussed in the two interviews.
Claims to Have Learned Identity from Reporter - Libby tells the jury that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see July 10 or 11, 2003). According to prosecutors’ later filings, Libby says: “Russert asked Libby if Libby was aware that Wilson’s wife worked for the CIA. Libby responded to Russert that he did not know that, and Russert replied that all the reporters knew it.” Russert will deny that he ever said anything of the kind to Libby (see February 7-8, 2007). [United States District Court for the District of Columbia, 3/24/2004 pdf file; Vanity Fair, 4/2006] Libby testifies about a conversation he had with Cheney in the fall of 2003, when he complained that the White House was not making public statements exonerating him of responsibility for the leak (see Late September or Early October, 2003). Asked by prosecutor Patrick Fitzgerald if he had told Cheney about speaking to reporters regarding Plame Wilson, Libby responds: “I think I did. Let me bring you back to that period. I think I did in that there was a conversation I had with the vice president when all this started coming out and it was this issue as to, you now, who spoke to [columnist Robert] Novak (see July 14, 2003). I told the vice—you know, there was—the president said anybody who knows anything should come forward or something like that.… I went to the vice president and said, you know, ‘I was not the person who talked to Novak.’ And he [said] something like, ‘I know that.’ And I said, you know, ‘I learned this from Tim Russert.’ And he sort of tilted his head to the side a little bit and then I may have in that conversation said, ‘I talked to other—I talked to people about it on the weekend.’” Libby is most likely referring to his conversations with reporters Matthew Cooper (see 2:24 p.m. July 12, 2003) and Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003). Fitzgerald asks of the conversation with Cheney, “What did you understand from his gesture or reaction in tilting his head?” Libby replies: “That the Tim Russert part caught his attention. You know, that he—he reacted as if he didn’t know about the Tim Russert thing or he was rehearing it, or reconsidering it, or something like that.… New, new sort of information. Not something he had been thinking about.” Fitzgerald asks: “And did he at any time tell you, ‘Well, you didn’t learn it from Tim Russert, you learned it from me? Back in June you and I talked about the wife working at the CIA?’” Libby responds, “No.” Cheney confirmed Plame Wilson’s CIA status to Libby in June 2003 (see (June 12, 2003)). Fitzgerald asks, “Did he indicate any concern that you had done anything wrong by telling reporters what you had learned?” and Libby again responds, “No.” Libby tells Fitzgerald that he isn’t sure if he mentioned the Cooper and Miller leaks to Cheney. “I did tell him, of course, that we had spoken to the people who he had told us to speak to on the weekend. I think at some point I told him that.” [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 2/19/2007]
Fails to Disclose Leak to Reporter - In neither appearance before the grand jury does Libby disclose that he discussed Plame Wilson’s identity with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Instead, he testifies that he told Miller that he knew Plame Wilson had had some involvement in sending her husband to Niger (see February 21, 2002-March 4, 2002), but did not reveal her as a CIA agent because he was not aware of her CIA status. Libby is lying (see 12:00 p.m. June 11, 2003 and August 6, 2005). Libby also failed to disclose the conversations he had with Miller when he was twice interviewed by FBI agents working on the leak, in October and November 2003. Fitzgerald will not learn of Libby’s failure to disclose the conversations until late 2005, after Miller’s testimony before the court (see October 7, 2005). [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 10/11/2005; National Journal, 10/18/2005]
Libby 'Authorized' to Disclose Classified Information by Bush, Cheney - Libby also tells the grand jury that he had been “authorized” by President Bush, Cheney, and other White House “superiors” in the summer of 2003 to disclose classified information to journalists to defend the Bush administration’s use of prewar intelligence in making the case to go to war with Iraq. According to Libby’s testimony, Cheney authorized him to release classified information, including details of the October 2, 2002 National Intelligence Estimate (NIE—see October 1, 2002), to defend the administration’s use of prewar intelligence in making the case for war; Libby tells the jury that he had received “approval from the president through the vice president” to divulge material from the NIE. He testifies that one portion of the NIE he was authorized to divulge concerned Iraq’s purported efforts to develop nuclear weapons. Libby says that authorization from the president and vice president was “unique in his recollection.” According to court papers filed in regards to his indictment, Libby tells the jury “that he was specifically authorized in advance… to disclose the key judgments of the classified NIE to Miller” because Cheney believed it to be “very important” to do so. Libby adds “that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE.” It was then, he says, that Cheney advised him that Bush authorized the disclosure. Cheney told Libby that he, and not Cheney’s press spokeswoman Cathie Martin, should leak the classified information to the press. At the time of the disclosure, Libby says, he knew that only himself, Bush, and Cheney knew that portions of the NIE had been declassified; other senior Cabinet-level officials were not informed of the decision. Libby adds that an administration lawyer, David Addington, told him that Bush, by authorizing the disclosure of classified information, had in effect declassified that information. Many legal experts will disagree with that assessment. Libby considers Addington an expert on national security law. [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 2/6/2006; National Journal, 4/6/2006]
Libby's Testimony Met with Disbelief - The prosecutors interrogating Libby are incredulous and disbelieving of many of Libby’s claims. They do not believe his contention that he and Cheney never discussed Plame Wilson between July 6 and July 14—the dates of Wilson’s op-ed (see July 6, 2003) and Novak’s outing of Plame Wilson (see July 14, 2003), respectively. (Libby did indeed discuss Plame Wilson with Cheney and other White House officials during that time period—see July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and July 10 or 11, 2003). They do not believe Libby’s claim that he had “forgotten” about knowing Plame Wilson was a CIA official as early as June 2003 (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, and (June 12, 2003)). And they do not believe Libby’s claim that he had merely passed to Cheney a rumor he had heard from reporter Tim Russert about Plame Wilson’s CIA status (see July 10 or 11, 2003). [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 1/12/2007]
Drastic Change in Behavior - Steven Aftergood, a senior analyst with the Federation of American Scientists and an expert on government secrecy and classification issues, says that in disclosing the classified information, Libby “presents himself in this instance and others as being very scrupulous in adhering to the rules. He is not someone carried on by the rush of events. If you take his account before the grand jury on face value, he is cautious and deliberative in his behavior. That is almost the exact opposite as to how he behaves when it comes to disclosing Plame [Wilson]‘s identity. All of a sudden he doesn’t play within the rules. He doesn’t seek authorization. If you believe his account, he almost acts capriciously. You have to ask yourself why his behavior changes so dramatically, if he is telling the truth that this was not authorized and that he did not talk to higher-ups.” [National Journal, 6/14/2006]

Entity Tags: Catherine (“Cathie”) Martin, David S. Addington, George W. Bush, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Steven Aftergood, Matthew Cooper, Tim Russert, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Richard Clarke sworn in before the 9/11 Commission.Richard Clarke sworn in before the 9/11 Commission. [Source: CBC]Former counterterrorism “tsar” Richard Clarke testifies before the 9/11 Commission. Due to publicity generated by the publication of his book and a controversial appearance on 60 Minutes (see March 21, 2004), it is, in the words of author Philip Shenon, a “true Washington spectacle” and “one of those moments in the capital when anyone of importance in the city [is] in front of a television set.” Shenon will add, “It was being compared by reporters to the sort of drama that John Dean’s testimony provided in Watergate or Lieutenant Colonel Oliver North’s testimony offered in the Iran-Contra affair.” [Shenon, 2008, pp. 281-282]
Clarke Offers Apology - Clarke’s opening statement consists of little more than an apology to the relatives of the 9/11 victims. He says: “Your government failed you, those entrusted with protecting you failed you, and I failed you. For that failure, I would ask… for your understanding and forgiveness.” This leads to a moment of silence, then gasps and sobs. Shenon will point out, “It was the first apology that the 9/11 families had heard from anybody of importance in the Bush administration,” adding that it “was the moment of catharsis that many of the wives and husbands and children of the victims had been waiting for.”
Praises Clinton, Criticizes Bush - Under questioning, Clarke praises the Clinton administration, saying, “My impression was that fighting terrorism, in general, and fighting al-Qaeda, in particular, were an extraordinarily high priority in the Clinton administration—certainly no higher priority.” But he is very critical of the Bush administration, stating, “By invading Iraq… the president of the United States has greatly undermined the war on terrorism.” He says that under Bush before 9/11, terrorism was “an important issue, but not an urgent issue.… [CIA Director] George Tenet and I tried very hard to create a sense of urgency by seeing to it that intelligence reports on the al-Qaeda threat were frequently given to the president and other high-level officials. But although I continue to say it was an urgent problem, I don’t think it was ever treated that way.” He points out that he made proposals to fight al-Qaeda in late January 2001. While the gist of them was implemented after 9/11, he complains, “I didn’t really understand why they couldn’t have been done in February [2001].” He says that with a more robust intelligence and covert action program, “we might have been able to nip [the plot] in the bud.”
Republican Commissioners Ask Tough Questions - However, Clarke faces tough questioning from some of the Republican commissioners. Jim Thompson, who had been in contact with the White House before the hearing (see Morning, March 24, 2004), challenges Clarke over a briefing he gave in 2002 (see August 22, 2002 and March 24, 2004), which, according to Thompson, contradicts what Clarke is saying now. In addition, fellow Republican John Lehman confronts Clarke over what he sees as discrepancies between Clarke’s book and his private interviews with the Commission. Clarke replies that the differences arose because the Commission did not ask him about all the issues he covered in his book, such as his opposition to the invasion of Iraq. He adds that he will not accept any position in any administration formed by Democratic presidential candidate John Kerry.
Clarke Approved Saudi Flights - Clarke also clears up a mystery about the departure of Saudi Arabian nationals after the attacks, which has caused some controversy (see September 14-19, 2001), saying that he was the White House official that approved them. He did this after clearing it with the FBI, although he does not know “what degree of review the FBI did over those names.” [Washington Post, 3/24/2004; New York Times, 3/24/2004; 9/11 Commission, 3/24/2004; Shenon, 2008, pp. 282-289]
Testimony 'Arresting' - Author and media critic Frank Rich will later call Clarke’s testimony “arresting.” Rich will write that Clarke’s forceful, confident demeanor—“sonorous voice, secret-agent aura, and vaguely intimidating body language”—serves to brush back antagonistic Republicans such as Lehman and Thompson. Rich will write that the juxtaposition of Clarke’s damning testimony with President Bush’s bizarre comedy routine that same evening (pretending to hunt for Iraqi WMD under the Oval Office furniture—see March 24, 2004) is jarring. [Rich, 2006, pp. 114-119]

Entity Tags: John Lehman, Clinton administration, Richard A. Clarke, Bush administration (43), Frank Rich, 9/11 Commission, James Thompson

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

At a campaign appearance in New Hampshire, President Bush refers to the 9/11 attacks, saying, “Had I known that the enemy was going to use airplanes to strike America, to attack us, I would have used every resource, every asset, every power of this government to protect the American people.” He also suggests that his predecessor, Democrat Bill Clinton, was more to blame for the attacks than he was, as the 9/11 Commission is looking at “eight months of my administration and the eight years of the previous administration.” This speech comes one day after his former counterterrorism “tsar,” Richard Clarke, had given damaging high-profile testimony to the Commission (see March 24, 2004). Author Philip Shenon will comment that Bush “was apparently hoping that his audience would forget that the August 6 [Presidential Daily Brief item (see August 6, 2001)] had warned specifically that planes might be hijacked by al-Qaeda within the United States.” [Shenon, 2008, pp. 289]

Entity Tags: George W. Bush, Philip Shenon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

The Sunday Times publishes details of interrogations of alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM), who is being held by the CIA. The article, written by Christina Lamb, indicates the information is from “transcripts” of his interrogations. It also quotes KSM as making various statements, such as “The original plan [for 9/11] was for a two-pronged attack with five targets on the East Coast of America and five on the West Coast.” The report makes the following claims:
bullet KSM introduced Osama bin Laden to Hambali, leader of the Southeast Asian militant organization Jemaah Islamiyah, who KSM first met during the Soviet-Afghan War in Peshawar, Pakistan. KSM was “impressed” with “Hambali’s connections with the Malaysian government,” and bin Laden and Hambali forged an alliance in 1996.
bullet After 1996, KSM became a “key planner in almost every attack, including the simultaneous bombings of the American embassies in Kenya and Tanzania in 1998.”
bullet He was the “chief planner” for 9/11 and planning started very early, before his associate Ramzi Yousef was captured (see February 7, 1995), when they hit upon the idea of using planes to attack the US. The plan for 9/11 initially had two parts, one on the US East Coast and the other on the west, but bin Laden canceled the second half. This part was then spun off into a second, separate plot, to be carried out independently, and one of the operatives to be involved was Zacarias Moussaoui. The first two operatives selected for 9/11 were Khalid Almihdhar and Nawaf Alhazmi, followed by Mohamed Atta and his associates from Hamburg.
bullet Al-Qaeda was very surprised by the US response to the 9/11 attacks. “Afterwards we never got time to catch our breath, we were immediately on the run,” KSM is quoted as saying. He added that the US campaign seriously disrupted operations.
bullet Britain was the next target after 9/11, because, “Osama declared [British Prime Minister Tony] Blair our principal enemy and London a target.” However, a plot to attack Heathrow Airport never got beyond the planning stage.
bullet KSM also described Hambali’s departure from Afghanistan in November 2001, and said the two kept in touch through Hambali’s brother.
The article points out that “the interrogation transcripts are prefaced with the warning that ‘the detainee has been known to withhold information or deliberately mislead,’” and also mentions some allegations made against US interrogators, including sleep deprivation, extremes of heat and cold, truth drugs, and the use of Arab interrogators so that detainees thought they were in an Arab camp. [Sunday Times (London), 3/28/2004] When it becomes clear what techniques have been used to obtain information from KSM, doubts will be expressed about the reliability of his information (see June 16, 2004 and August 6, 2007). However, most of this information will appear in the relevant sections of the 9/11 Commission report, which are based on reports produced by CIA interrogators. [9/11 Commission, 7/24/2004] Despite this, some of the information contained in the report seems to be incorrect. For example, Abu Zubaida is described as a member of al-Qaeda’s inner shura council, although it appears he was not that close to al-Qaeda’s senior leadership (see Shortly After March 28, 2002). In addition, KSM is described as the head of al-Qaeda’s military committee, although he will later deny this (see March 10, 2007).

Entity Tags: Khalid Shaikh Mohammed, Al-Qaeda

Timeline Tags: Complete 911 Timeline

The Bush administration bows to growing pressure in the wake of former counterterrorism “tsar” Richard Clarke’s testimony before the 9/11 Commission (see March 21, 2004) and agrees to allow National Security Adviser Condoleezza Rice to testify before the Commission in public and under oath. It also agrees that President Bush and Vice President Dick Cheney can be interviewed in private by the whole Commission. However, according to the New York Times, “In exchange for her appearance, the [9/11 Commission] agreed not to seek testimony from other White House aides at public hearings, although it can continue to question them in private.” [New York Times, 3/31/2004] There was some debate in the administration over whether Rice would testify or not. As she is national security adviser and there are no allegations of criminal wrongdoing, there are good grounds for Rice refusing to testify under the doctrine of executive privilege, and this argument is made in particular by White House counsel Alberto Gonzales and David Addington, Vice President Cheney’s counsel. However, Rice insists that she wants to testify. According to author Philip Shenon, she is “uncharacteristically frantic” over the issue. White House chief of staff Andy Card will say, “Condi desperately wanted to do it.” Shenon will write of the decision, which is made by President Bush: “The political pressure on the White House was too great, and Rice’s persuasive powers with the president were more than a match for Alberto Gonzales’s. Rice was as strong-willed as any member of the White house staff. Gonzales was strong-willed until the president told him otherwise.” [Shenon, 2008, pp. 289-292] Author and media critic Frank Rich will later write: “The dirty little secret about the uproar over Clarke’s revelations were that many of them had been previously revealed by others, well before he published his book. But as the Bush administration knew better than anyone, perception was all, and perception began with images on television. Clarke had given the charges a human face.” The administration is sending Rice to testify publicly before the Commission, Rich will write, in part because she is the most telegenic of Bush’s top advisers, and has the best chance of “rebranding” the story with her face and testimony. [Rich, 2006, pp. 119]

Entity Tags: White House, Frank Rich, Philip Shenon, George W. Bush, Condoleezza Rice, Bush administration (43), Alberto R. Gonzales, 9/11 Commission, David S. Addington, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

Attorney General John Ashcroft recertifies the NSA’s warrantless wiretapping program as being within the law, three weeks after he and his deputy, James Comey, refused to certify it. The program had come under question in early 2004, when Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel, wrote to Ashcroft and Comey expressing his doubts about the program’s legality (see September 9, 2007). For those three weeks, the program operated without Justice Department approval; President Bush personally recertified it himself, though it was suspended and subjected to an internal review (see March 12-Mid-2004). Ashcroft had previously refused to recertify the program while recuperating from surgery, despite pressure from White House officials Alberto Gonzales and Andrew Card (see March 10-12, 2004). Ashcroft, Comey, Goldsmith, and other Justice Department officials had even threatened to resign en masse if Bush recertified the program without their department’s support; Bush promised to revamp the program to address Ashcroft and Comey’s objections to the program, though what those changes are remains unclear. [Boston Globe, 5/16/2007; Associated Press, 6/7/2007]

Entity Tags: Andrew Card, Alberto R. Gonzales, George W. Bush, Jack Goldsmith, National Security Agency, James B. Comey Jr., US Department of Justice, John Ashcroft

Timeline Tags: Civil Liberties

In November 2005, columnist Fareed Zakaria will write in Newsweek, “Ask any soldier in Iraq when the general population really turned against the United States and he will say, ‘Abu Ghraib.’ A few months before the scandal broke, Coalition Provisional Authority polls showed Iraqi support for the occupation at 63 percent. A month after Abu Ghraib, the number was 9 percent. Polls showed that 71 percent of Iraqis were surprised by the revelations. Most telling, 61 percent of Iraqis polled believed that no one would be punished for the torture at Abu Ghraib. Of the 29 percent who said they believed someone would be punished, 52 percent said that such punishment would extend only to ‘the little people.’” [Newsweek, 11/14/2005]

Timeline Tags: Torture of US Captives, Iraq under US Occupation

Tom Wilshire, a CIA officer involved in the failed watchlisting of hijackers Khalid Almihdhar and Nawaf Alhazmi (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and May 15, 2001) and the failure to obtain a search warrant for Zacarias Moussaoui’s belongings (see August 24, 2001), is interviewed by the 9/11 Commission. He tells them that nobody in the US intelligence community looked at the bigger picture and no analytic work foresaw the lightning that could connect the thundercloud [i.e. increased reporting that an al-Qaeda attack was imminent] to the ground [i.e. the cases that turned out to be connected to 9/11 such as the search for Almihdhar and Alhazmi, Zacarias Moussaoui, and the Phoenix memo]. The 9/11 Commission will agree with this and write in its final report: “Yet no one working on these late leads in the summer of 2001 connected the case in his or her in-box to the threat reports agitating senior officials and being briefed to the President. Thus, these individual cases did not become national priorities.” [9/11 Commission, 7/24/2004, pp. 277] However, Wilshire was receiving such threat reporting. For example, he received a report that al-Qaeda was planning an Hiroshima-like attack (see Summer 2001). [Wright, 2006, pp. 340] Wilshire also repeatedly suggested that Khalid Almihdhar may well be involved in the next big attack by al-Qaeda (see July 5, 2001, July 13, 2001, and July 23, 2001). For example, on July 23, 2001 he wrote: “When the next big op is carried out by [bin Laden] hardcore cadre, [al-Qaeda commander] Khallad [bin Attash] will be at or near the top of the command food chain—and probably nowhere near either the attack site or Afghanistan. That makes people who are available and who have direct access to him of very high interest. Khalid Almihdhar should be very high interest anyway, given his connection to the [redacted].” [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 pdf file]

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, 9/11 Commission, Tom Wilshire

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Spc. Casey Sheehan.Spc. Casey Sheehan. [Source: Associated Press]Specialist Casey Sheehan, an Eagle Scout, church group leader, and honor student who enlisted in the Army in 2000, dies during an ambush in Sadr City, Baghdad. Sheehan had been in Iraq for only two weeks. His death will drive his mother, Cindy Sheehan, to become a noted peace activist (see August 6, 2005 and After). Specialist Sheehan and six other American soldiers die during a rescue mission in Sadr City. Sheehan and his compatriots are left to fend for themselves by their Iraqi cohorts, newly trained militiamen who flee when fighters for Moqtada al-Sadr’s Mahdi Army attack their position. Sheehan’s death will become a powerful counterargument against claims by Defense Secretary Donald Rumsfeld and other Bush officials that “over 200,000 Iraqis… have been trained and equipped” and are “out on the front line taking the brunt of the violence.” Author and media critic Frank Rich will write that given the wildly inflated claims by Rumsfeld and others about the size and effectiveness of the Iraqi soldiers, and the increasing power wielded by al-Sadr, “[i]t is hard to see what Cindy Sheehan’s young son had died for.” [US Department of Defense, 4/7/2004; Rich, 2006, pp. 193-194] Mrs. Sheehan, as part of a group of bereaved family members who suffered their own losses in Iraq, will meet with President Bush soon after her son’s death, and come away dissatisfied and angry. Recalling the meeting, she will say: “We wanted [the president] to look at pictures of Casey, we wanted him to hear stories about Casey, and he wouldn’t. He changed the subject every time we tried. He wouldn’t say Casey’s name, called him, ‘your loved one.’” [Los Angeles Times, 8/11/2005]

Entity Tags: Donald Rumsfeld, Cindy Sheehan, George W. Bush, Frank Rich, Bush administration (43), Casey Sheehan

Timeline Tags: Iraq under US Occupation

Condoleezza Rice sworn in before the 9/11 Commission.Condoleezza Rice sworn in before the 9/11 Commission. [Source: Larry Downing/ Reuters]National Security Adviser Condoleezza Rice testifies before the 9/11 Commission under oath and with the threat of perjury. The Bush administration originally opposed her appearance, but relented after great public demand (see March 30, 2004). [Independent, 4/3/2004] The testimony is a huge media event and major television networks interrupt their programming to carry it live. First, the Commission’s Democratic Vice Chairman Lee Hamilton reads a statement trying to establish a tone of non-confrontation and saying that the Commission’s purpose is “not to put any witness on the spot,” but “to understand and to inform.”
Rice Reads Lengthy Statement - Knowing that she has a deal to appear only once and for a limited time, Rice begins by reading a statement much longer than those read by other witnesses testifying before the Commission, a move specifically approved by Hamilton and the Commission’s chairman Tom Kean. [Shenon, 2008, pp. 293, 295] In the statement she repeats her claim that “almost all of the reports [before 9/11] focused on al-Qaeda activities outside the United States.… The information that was specific enough to be actionable referred to terrorists operation overseas.” Moreover, she stresses that the “kind of analysis about the use of airplanes as weapons actually was never briefed to us.” But she concedes: “In fact there were some reports done in ‘98 and ‘99. I think I was—I was certainly not aware of them.” [Washington Post, 4/8/2004]
Heated Questioning from Democrats - The exchanges with the Republican commissioners are polite, but Rice’s interactions with the Democrats on the Commission become heated. According to author Philip Shenon, her strategy is to “try to run out the clock—talk and talk and talk, giving them no chance to ask follow-up questions before the 10 minutes that each of the commissioners had been allotted had run out.” [Shenon, 2008, pp. 295] During questioning several subjects are discussed:
bullet Why didn’t counterterrorism “tsar” Richard Clarke brief President Bush on al-Qaeda before September 11? Clarke says he had wished to do so, but Rice states, “Clarke never asked me to brief the president on counterterrorism.”
bullet What was the content of the briefing President Bush received on August 6, 2001 (see August 6, 2001)? While Rice repeatedly underlines that it was “a historical memo… not threat reporting,” commissioners Richard Ben-Veniste and Tim Roemer ask her why it cannot therefore be declassified. [Washington Post, 4/8/2004] Asked what the PDB item’s still-secret title is, Rice gives it as “Bin Laden Determined to Attack inside the United States,” leading to an audible gasp from the audience. [Shenon, 2008, pp. 298] Two days later, the White House will finally publish it, and it will be shown to contain more than just historical information.
bullet Did Rice tell Bush of the existence of al-Qaeda cells in the US before August 6, 2001? Rice says that she does not remember whether she “discussed it with the president.”
bullet Were warnings properly passed on? Rice points out: “The FBI issued at least three nationwide warnings to federal, state, and law enforcement agencies, and specifically stated that although the vast majority of the information indicated overseas targets, attacks against the homeland could not be ruled out. The FBI tasked all 56 of its US field offices to increase surveillance of known suspected terrorists and to reach out to known informants who might have information on terrorist activities.” But commissioner Jamie Gorelick remarks: “We have no record of that. The Washington field office international terrorism people say they never heard about the threat, they never heard about the warnings.” [Washington Post, 4/8/2004]
bullet Under questioning from Democratic commissioner Bob Kerrey, she admits that she worked with Philip Zelikow, the Commission’s executive director, during the Bush administration transition, and that they discussed terrorism issues.
bullet She claims that a plan Clarke presented to her to roll back al-Qaeda in January 2001 (see January 25, 2001) was not actually a plan, but merely “a set of ideas and a paper” that had not been implemented. [Shenon, 2008, pp. 299-300]
Central Issues Unresolved - Rice does not apologize to the families of the victims of the 9/11 attacks, as Clarke did weeks earlier. The Associated Press comments, “The blizzard of words in Condoleezza Rice’s testimony Thursday did not resolve central points about what the government knew, should have known, did, and should have done before the September 11 terrorist attacks.” [Associated Press, 4/8/2004]
Testimony an 'Ambitious Feat of Jujitsu' - The Washington Post calls her testimony “an ambitious feat of jujitsu: On one hand, she made a case that ‘for more than 20 years, the terrorist threat gathered, and America’s response across several administrations of both parties was insufficient.’ At the same time, she argued that there was nothing in particular the Bush administration itself could have done differently that would have prevented the attacks of September 11, 2001—that there was no absence of vigor in the White House’s response to al-Qaeda during its first 233 days in office. The first thesis is undeniably true; the second both contradictory and implausible.” [Washington Post, 4/9/2004]
'Cherry-Picking' Rice's Testimony - In 2009, Lawrence Wilkerson, who is chief of staff for Secretary of State Colin Powell in 2004, will recall: “John [Bellinger, the legal adviser to the National Security Council] and I had to work on the 9/11 Commission testimony of Condi. Condi was not gonna do it, not gonna do it, not gonna do it, and then all of a sudden she realized she better do it. That was an appalling enterprise. We would cherry-pick things to make it look like the president had been actually concerned about al-Qaeda. We cherry-picked things to make it look as if the vice president and others, Secretary Rumsfeld and all, had been. They didn’t give a sh_t about al-Qaeda. They had priorities. The priorities were lower taxes, ballistic missiles, and the defense thereof.” [Vanity Fair, 2/2009]

Entity Tags: Jamie Gorelick, Lee Hamilton, Lawrence Wilkerson, George W. Bush, John Bellinger, Federal Bureau of Investigation, Bob Kerrey, Bush administration (43), Tim Roemer, Condoleezza Rice, Thomas Kean, Richard Ben-Veniste, 9/11 Commission, Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

President Bush talks about the Presidential Daily Briefing (PDB) he was given on August 6, 2001, entitled “Bin Laden Determined to Strike in US.” He claims, “There was nothing in this report to me that said, ‘Oh, by the way, we’ve got intelligence that says something is about to happen in America.‘… There was nothing in there that said, you know, ‘There is an imminent attack.’ That wasn’t what the report said. The report was kind of a history of Osama’s intentions.” [Associated Press, 4/12/2004] He adds, “[T]he PDB was no indication of a terrorist threat. There was not a time and place of an attack. It said Osama bin Laden had designs on America. Well, I knew that. What I wanted to know was, is there anything specifically going to take place in America that we needed to react to.… I was satisfied that some of the matters were being looked into. But that PDB said nothing about an attack on America. It talked about intentions, about somebody who hated America—well, we knew that.… Had I known there was going to be an attack on America, I would have moved mountains to stop the attack.” [US President, 4/19/2004] The complete text of the PDB was released the day before Bush’s comments and in fact the PDB does very clearly discuss an imminent attack on the US. For instance, it says that FBI information “indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York.” And it discusses a call to a US “embassy in the UAE in May [2001] saying that a group of bin Laden supporters was in the US planning attacks with explosives” (see August 6, 2001).

Entity Tags: George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

In a news conference, President Bush is asked about the August 6, 2001 Presidential Daily Briefing (PDB) item entitled “Bin Laden Determined to Strike in US” (see August 6, 2001). Bush explains: “I asked for the briefing. And the reason I did is because there had been a lot of threat intelligence from overseas. And part of it had to do with the Genoa G8 conference that I was going to attend. And I asked at that point in time, let’s make sure we are paying attention here at home as well. And that’s what triggered the report.” [US President, 4/19/2004] Although Bush had shown some interest in counterterrorism around that time (see July 5, 2001 and June 20, 2001), the CIA analysts who drafted the PDB item will deny he asked for it specifically, saying they drafted it on the CIA’s initiative (see July 13, 2004). The main threat to the late July 2001 Genoa conference, as discussed in numerous articles even before the conference, was an al-Qaeda plot to fly an airplane into the conference building, killing Bush and other world leaders (see Mid-July 2001). But Bush’s tacit admission that a plot involving planes as weapons helped inspire the well-known August briefing passes without comment by the mainstream media. However, a professor will write a letter to the editor of Britain’s Financial Times noting Bush’s remark and commenting, “If President Bush had been sufficiently alarmed by the Italian defenses [against a suicide air attack] in Genoa to request a special report, he must have been able to recognize that, yes, it could happen in the US.” [Financial Times, 4/27/2004]

Entity Tags: George W. Bush, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

In a public interview with the 9/11 Commission, CIA Director George Tenet falsely claims that he had no communication with President Bush during August 2001, a period when the CIA was aware of increasing signs al-Qaeda would attack the US. Tenet actually met Bush at least twice during this period (see August 17 and 31, 2001). The claim is made in a question and answer session with Commissioner Tim Roemer, who asks Tenet about it because of its links to the mid-August arrest of Zacarias Moussaoui and Tenet’s knowledge of this (see August 17 and 31, 2001, August 23, 2001, and September 1-8, 2001).
"I Don't Believe I Do" - When Roemer asks Tenet “when do you see him [Bush] in August?” Tenet replies, “I don’t believe I do.” Roemer asks again and Tenet, who spent days reading documents to be ready for his discussions with the 9/11 Commission (see Before January 22, 2004), says: “He’s in Texas, and I’m either here or on leave for some of that time. So I’m not there.” When asked about whether he spoke to Bush on the phone in August, he says, “we talked to him directly through the spring and early summer almost every day,” but he himself did not speak to Bush in August.
Bombshell - Roemer thinks the admission CIA Director Tenet did not talk to the president for a month during a period of increased threat is a “bombshell,” and is aware that others on the commission believe that Tenet has repeatedly lied to them (see January 22, 2004 and July 2, 2004). However, as Tenet denies there were any such meetings or conversations and Roemer does not know otherwise yet, he cannot pursue the topic and moves on to the question.
Furious - However, Tenet’s statement is quickly discovered to be untrue, and later that day the CIA’s press office calls round Washington informing reporters that Tenet “momentarily forgot” about the two briefings. Roemer is then “furious” with Tenet. He had wanted to withhold judgment on Tenet despite the criticism from the Commission’s staff, but now decides that he can “assume the worst about Tenet’s veracity—and the worst about what had happened in August between him and the president.”
'Hotter than Hades - Roemer is especially skeptical of Tenet’s claim he does not recall that he flew to Texas in the middle of August: “It’s probably 110 degrees down there, hotter than Hades… You make one trip down there the whole month and you can’t remember what motivates you to go down there to talk to the president?” Roemer’s suspicion that Tenet and Bush talked about domestic terrorism will later be supported by a section in a 2007 book by Tenet, which says, “a few weeks after the Aug. 6 PDB [entitled “Bin laden Determined to Strike in US”] was delivered, I followed it to Crawford to make sure the president stayed current on events.” In the book, Tenet will recall not only flying to Texas, but also being driven around the ranch by Bush and discussing the plants and animals on it with him. [Washington Post, 4/15/2004; Shenon, 2008, pp. 361-362]

Entity Tags: Central Intelligence Agency, Tim Roemer, George J. Tenet

Timeline Tags: Complete 911 Timeline

A deranged Abu Ghraib detainee wanders the halls covered in human feces on December 12, 2003. MP Ivan Frederick stands behind him with a stick.A deranged Abu Ghraib detainee wanders the halls covered in human feces on December 12, 2003. MP Ivan Frederick stands behind him with a stick. [Source: Public domain]The Abu Ghraib prison photos are leaked to CBS. The network informs the Pentagon that it will broadcast a story on the prison abuses and include the photos. But the network delays broadcasting the story at the request of Gen. Richard Myers. [Guardian, 4/30/2004; CBS News, 5/6/2004; Los Angeles Times, 5/6/2004; CNS News, 5/7/2004]

Entity Tags: Richard B. Myers

Timeline Tags: Torture of US Captives

At a speech in Hershey, Pennsylvania, supporting the USA Patriot Act (see October 26, 2001), President Bush tells listeners that all US surveillance efforts are done with warrants from the Foreign Intelligence Surveillance Act (FISA) Court: “For years, law enforcement used so-called roving wire taps to investigate organized crime. You see, what that meant is if you got a wire tap by court order—and, by the way, everything you hear about requires court order, requires there to be permission from a FISA court, for example.… See, with court approval, we have long used roving wire taps to lock up monsters—mobsters. Now [with the Patriot Act in effect] we have a chance to lock up monsters, terrorist monsters.” [White House, 4/19/2004] The next day, Bush makes a similar claim during another pro-Patriot Act speech in Buffalo. He tells listeners: “[T]here are such things as roving wiretaps. Now, by the way, any time you hear the United States government talking about wiretap, it requires—a wiretap requires a court order. Nothing has changed, by the way. When we’re talking about chasing down terrorists, we’re talking about getting a court order before we do so. It’s important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution. But a roving wiretap means—it was primarily used for drug lords. A guy, a pretty intelligence drug lord would have a phone, and in old days they could just get a tap on that phone. So guess what he’d do? He’d get him another phone, particularly with the advent of the cell phones. And so he’d start changing cell phones, which made it hard for our DEA types to listen, to run down these guys polluting our streets. And that changed, the law changed on—roving wiretaps were available for chasing down drug lords. They weren’t available for chasing down terrorists, see? And that didn’t make any sense in the post-9/11 era. If we couldn’t use a tool that we’re using against mobsters on terrorists, something needed to happen. The Patriot Act changed that. So with court order, law enforcement officials can now use what’s called roving wiretaps, which will prevent a terrorist from switching cell phones in order to get a message out to one of his buddies.” [White House, 4/20/2004] Former AT&T senior technician Mark Klein (see July 7, 2009 and May 2004), who helped install the equipment used by the National Security Agency (NSA) and his firm to intercept foreign and domestic Internet communications (see January 16, 2004), will later say that Bush’s insistence that the administration gets court orders before wiretapping communications is false. AT&T, on behalf of the NSA, was monitoring “billions of messages a second,” Klein will write, all without court orders. [Klein, 2009, pp. 47-48] Klein will call Bush’s description of the surveillance program “disingenuous,” and continue: “They present it as about phone calls. They’re just watching a few bad people who make phone calls to al-Qaeda and the Middle East, and you notice they don’t talk about the Internet hardly at all. That part of it hasn’t been revealed, because if they did, Americans would realize it’s not just a few people; it’s everybody, because the data they’re handing over is not selected out. When you run fiber optics through a splitter and you send all that data to a secret room, there’s no selecting going on there at all.… They have no way of sifting it out unless they look through it later. Now they can claim, ‘Oh, we are right as rain; we’re only doing the legal thing and selecting out a few people that we’re legally entitled to,’ but that’s only after they get all the data. The analogy I use: If the government claims: ‘Well, when you do your taxes, why don’t you just write me a blank check and we’ll fill in the amount? Don’t worry. We’ll do it legal. We’ll fill in the right amount,’ would you do that? Nobody would trust the government by writing a blank check to them. It’s the same thing with the data we’re giving them.… [T]he Fourth Amendment specifically bans general warrants. It calls for specific warrants in which the things to be seized and the persons to be seized are specifically named. There’s a reason for that. It’s to protect against arbitrary government power. And what they’ve done is to trample over the Fourth Amendment by basically instituting a general warrant on the Internet.” [PBS Frontline, 5/15/2007]

Entity Tags: Foreign Intelligence Surveillance Court, Mark Klein, National Security Agency, George W. Bush

Timeline Tags: Civil Liberties

Conservative radio host Rush Limbaugh informs his listeners of a Harris poll showing a majority of those surveyed believe that Saddam Hussein had weapons of mass destruction when the war began over a year before (see March 19, 2003). Limbaugh blames the misconception on the “liberal media,” not on the government officials and conservative pundits, including Limbaugh, who pushed the idea of Iraqi WMD on the public before the invasion (see July 30, 2001, Mid-September, 2001, Mid-September-October 2001, October 17, 2001, November 14, 2001, December 20, 2001, 2002, February 11, 2002, Summer 2002, July 30, 2002, August 26, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 12, 2002, September 12, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 19, 2002, January 2003, January 9, 2003, February 5, 2003, February 17, 2003, March 16-19, 2003, March 23, 2003, May 21, 2003, May 29, 2003, and June 11, 2003), and uses the incident to warn his listeners about getting their news from the “liberal media.” [Jamieson and Cappella, 2008, pp. 151]

Entity Tags: Rush Limbaugh, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Although an Army investigation conducted within a few days of Pat Tillman’s death (see May 23-June 1, 2002 and April 23, 2004) concludes that Tillman died due to his own unit’s “gross negligence,” shot three times in the head, this information is not given to the Tillman family for several weeks. Not until after a televised memorial service is held do Tillman relatives and the American public learn that Tillman died under “friendly,” not enemy fire. It will be another year before the Washington Post breaks the story that Tillman’s fellow Rangers had reported details of a friendly fire incident immediately and that US Army local command and top officials knew the truth well in advance of the family, but deliberately chose not to share it. A report consisting of 2,000 pages of investigative material, made by Brigadier General Gary M. Jones at the request of Tillman’s family and Senator John McCain (R-AZ), will reveal that Army commanders know the results of an initial, in-house investigation days before the memorial at which they award Tillman the Silver Star. [Washington Post, 5/4/2005]

Entity Tags: Gary M. Jones, Washington Post, Pat Tillman

Timeline Tags: War in Afghanistan

CIA Director George Tenet orders a suspension of waterboarding and some other aggressive interrogation techniques. Intelligence officials will later claim that the Abu Ghraib scandal publicized in April 2004 (see April 28, 2004), is a major factor in the decision. Additionally, the CIA’s Inspector General finishes a secret report around the same time the Abu Ghraib scandal breaks, an it suggests that many aggressive techniques may violate an international treaty against torture that the US has signed (see May 7, 2004). NBC News will later claim that the biggest reason is the worry: “Could CIA officials, including both the interrogators and their superiors, ultimately be prosecuted?” [MSNBC, 9/13/2007] The CIA approved a list of about 10 aggressive techniques, including waterboarding, in March 2002 (see Mid-March 2002), and used them on many high-ranking al-Qaeda detainees until this time (see March 28, 2002-Mid-2004). But the CIA suspends their use until the Justice Department can conduct a legal review. One former senior CIA official will say in June 2004, “Everything’s on hold. The whole thing has been stopped until we sort out whether we are sure we’re on legal ground.” [Washington Post, 6/27/2004] In December 2004, the Justice Department will publicly issue a new and public memo allowing the use of some aggressive techniques (see December 30, 2004). Then, in February 2005, it will secretly issue another memo that goes further, and will even allow the CIA to use waterboarding again. The New York Times will later call it “an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency” (see February 2005). The CIA presumably then resumes using most of these techniques but it does not resume waterboarding, as it had already stopped doing that in 2003 (see May 2002-2003).

Entity Tags: Central Intelligence Agency, George J. Tenet

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In Iraq, this photo is commonly called “The Statue of Liberty.”In Iraq, this photo is commonly called “The Statue of Liberty.” [Source: Public domain]Media outlets in the US, other than CBS, appear less interested in the Abu Ghraib scandal than elsewhere. The Guardian of London notes, “[I]t was no surprise that newspapers around the world made huge, horrified play of the events at the Abu Ghraib prison. It was more of a surprise, however, that the story did not receive the same level of coverage in the US papers.” [Guardian, 4/30/2004] People in the Middle East are generally outraged. For instance, Abdel-Bari Atwan, editor of the influential Arab newspaper Al Quds Al Arabi, says in response, “The liberators are worse than the dictators.” He adds, “This is the straw that broke the camel’s back for America.” [Reuters, 4/30/2004] The scandal also causes outrage in Iraq, and polls show it turns most of the population against the US-led occupation (see April-May 2004). For many in Iraq, the iconic photo of a detainee standing on a box and threatened with electrocution becomes derisively known as “The Statue of Liberty.” [Newsweek, 7/19/2004]

Entity Tags: Abdel-Bari Atwan

Timeline Tags: Torture of US Captives

A US intelligence analyst at Abu Ghraib tells military investigators that, as per a directive from Defense Secretary Rumsfeld (see December 2, 2002), it is “common that the detainees on [military intelligence] hold in [a facility known as the] hard site were initially kept naked and given clothing as an incentive to cooperate with us.” An interrogator tells the investigators that it is “common to see detainees in cells without clothes or naked,” and says it is “one of our approaches.” Enforced nudity is a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

Human Rights Watch sends a letter to US National Security Adviser Condoleezza Rice informing her that the ill treatment and torture of prisoners by the US military in Iraq is not limited to isolated incidents. The organization emphasizes that it is a systemic and widespread problem and urges the US to take immediate action to ensure that imprisonment and interrogation practices comply with international law. [Roth and Malinowski, 5/3/2004; Human Rights Watch, 5/7/2004]

Entity Tags: Condoleezza Rice, Human Rights Watch

Timeline Tags: Torture of US Captives

Major General Geoffrey Miller says during a Coalition Provisional Authority briefing that while physical contact between the interrogator and detainees is prohibited, “sleep deprivation and stress positions and all that could be used—but they must be authorized.” (see April 16, 2003) But as Amnesty International later notes in a letter to George Bush, “The United Nations Committee against Torture, the expert body established by the Convention against Torture (see October 21, 1994) has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman, or degrading treatment.” [Amnesty International, 5/7/2004]

Entity Tags: Geoffrey D. Miller, George W. Bush, Amnesty International

Timeline Tags: Torture of US Captives

Speaking about the Abu Ghraib scandal (see April 28, 2004), President Bush promises a “full investigation.” In an interview with Al Arabiya, he says: “It’s important for people to understand that in a democracy, there will be a full investigation. In other words, we want to know the truth. In our country, when there’s an allegation of abuse… there will be a full investigation, and justice will be delivered.… It’s very important for people and your listeners to understand that in our country, when an issue is brought to our attention on this magnitude, we act. And we act in a way in which leaders are willing to discuss it with the media.… In other words, people want to know the truth. That stands in contrast to dictatorships. A dictator wouldn’t be answering questions about this. A dictator wouldn’t be saying that the system will be investigated and the world will see the results of the investigation.” [White House, 5/5/2004] In April 2009, after significant revelations of Bush torture policies have hit the press (see April 16, 2009 and April 21, 2009), Atlantic columnist Andrew Sullivan will write: “Bush personally authorized every technique revealed at Abu Ghraib. He refused to act upon the International Committee of the Red Cross’s report that found that he had personally authorized the torture of prisoners, in violation of the Geneva Conventions and the UN Convention on Torture and domestic law against cruel and inhuman treatment. A refusal to investigate and prosecute Red Cross allegations of torture is itself a violation of the Geneva Accords.” [Atlantic Monthly, 4/27/2009]

Entity Tags: Andrew Sullivan, George W. Bush

Timeline Tags: Torture of US Captives

The CIA’s inspector general, John Helgerson, releases a highly classified report from his office that examines allegations of torture from the time period between September 2001 (after the 9/11 attacks, when the CIA first began detaining suspected terrorists and informants) and October 2003. In the report, Helgerson warns that some aggressive interrogation techniques approved for use by the CIA since early 2002 (see Mid-March 2002) might violate some provisions of the international Convention Against Torture (see October 21, 1994). The report doubts the Bush administration position that the techniques do not violate the treaty because the interrogations take place overseas on non-US citizens. It will be released, in heavily redacted form, to the public in August 2009 (see August 24, 2009). From what becomes known of the report’s contents, the CIA engaged in a number of illegal and ethically questionable tactics on the part of its interrogators. Some of these tactics include the use of handguns, power drills, threats, smoke, and mock executions. Many of the techniques used against detainees were carried out without authorization from higher officials. The report says that the CIA’s efforts to provide “systematic, clear, and timely guidance” to interrogators were “inadequate at first” and that that failure largely coincided with the most significant incidents involving the unauthorized coercion of detainees, but as guidelines from the Justice Department accumulated over several years, oversight “improved considerably.” The report does not conclude that the techniques reviewed constitute torture, but it does find that they appear to constitute cruel, inhuman, and degrading treatment under the Convention. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 11/9/2005; MSNBC, 8/24/2009; Washington Post, 8/24/2009]
Physical Abuse - The report defines torture as an act “intended to inflict severe physical or mental pain and suffering.” It then begins detailing such acts. Incidents of physical abuse include:
bullet One incident caused the death of an Afghani detainee. According to the report: “An agency independent contractor who was a paramilitary officer is alleged to have severely beaten the detainee with a large metal flashlight and kicked him during interrogation sessions. The detainee died in custody.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009] In a 2009 statement, Helgerson will write: “In one extreme case, improvisation took a disastrous turn when an agency contractor in rural Afghanistan—acting wholly outside the approved program and with no authorization or training—took it upon himself to interrogate a detainee. This officer beat the detainee and caused his death. Following an investigation of the incident, this contract employee was convicted of assault and is now in prison.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet Waterboarding was routinely used, in a manner far exceeding previously issued guidelines. Interrogators “continuously applied large volumes of water,” and later explained that they needed to make the experience “more poignant and convincing.” The CIA interrogators’ waterboarding technique was far more aggressive than anything used in military survival training such as the SERE program (see December 2001). Eventually, the agency’s Office of Medical Services criticized the waterboarding technique, saying that the “frequency and intensity” with which it was used could not be certified as “efficacious or medically safe.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009] The report refers in particular to the treatment of 9/11 mastermind Khalid Shaikh Mohammed (KSM), who was reportedly waterboarded more than once (see Shortly After February 29 or March 1, 2003). Waterboarding is considered torture and is illegal in the US. The report also raises concern that the use of these techniques could eventually cause legal troubles for the CIA officers who used them. [New York Times, 11/9/2005]
Helgerson will write: “We found that waterboarding had been utilized in a manner that was inconsistent with the understanding between CIA and the Department of Justice. The department had provided the agency a written legal opinion based on an agency assurance that although some techniques would be used more than once, repetition would ‘not be substantial.’ My view was that, whatever methodology was used to count applications of the waterboard, the very large number of applications to which some detainees were subjected led to the inescapable conclusion that the agency was abusing this technique.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet In July 2002, a CIA officer used a “pressure point” technique “with both of his hands on the detainee’s neck, the officer manipulated his finger to restrict the detainee’s carotid artery.” The carotid artery supplies the brain with oxygenated blood; such “manipulat[ion]” could lead to unconsciousness or even death. A second officer “reportedly watched his eyes to the point that the detainee would nod and start to pass out. Then the officer shook the detainee to wake him. This process was repeated for a total of three applications on the detainee.”
bullet A technique routinely used by CIA interrogators was the “hard takedown,” which involves an interrogator grabbing a detainee and slamming him to the floor before having the detainee moved to a sleep-deprivation cell. One detainee was hauled off his feet by his arms while they were bound behind his back with a belt, causing him severe pain.
bullet Another routinely used technique is “water dousing,” apparently a variant of waterboarding, in which a detainee is laid on a plastic sheet and subjected to having water sluiced over him for 10 to 15 minutes. The report says that at least one interrogator believed the technique to be useful, and sent a cable back to CIA headquarters requesting guidelines. A return cable explained that a detainee “must be placed on a towel or sheet, may not be placed naked on the bare cement floor, and the air temperature must exceed 65 degrees if the detainee will not be dried immediately.”
- - Detainee Abd al-Rahim al-Nashiri, suspected of plotting the 2000 bombing of the USS Cole (see October 12, 2000), was repeatedly “bathed” with hard-bristled scrub brushes in order to inflict pain. The brushes caused abrasions and bleeding. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Helgerson will write: “Agency officers who were authorized to detain and interrogate terrorists sometimes failed in their responsibilities. In a few cases, agency officers used unauthorized, threatening interrogation techniques. The primary, common problem was that management controls and operational procedures were not in place to avoid the serious problems that arose, jeopardizing agency employees and detainees alike.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Mental Abuse - Numerous instances of mental and emotional abuse were also documented.
bullet In 2002, interrogators staged a mock execution to intimidate a detainee. CIA officers began screaming outside the room where the detainee was being interrogated. When leaving the room, he “passed a guard who was dressed as a hooded detainee, lying motionless on the ground, and made to appear as if he had been shot to death.” The report says that after witnessing this performance, the detainee “sang like a bird.”
bullet Handguns and power drills were used to threaten detainees with severe bodily harm or death. One such instance involved al-Nashiri. An American, whose name is not released but who is identified as not being a trained interrogator and lacking authorization to use “enhanced methods,” used a gun and a power drill to frighten him. The American pointed the gun at al-Nashiri’s head and “racked” a round in the chamber. The American also held a power drill near al-Nashiri and revved it, while al-Nashiri stood naked and hooded. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
In 2009, reporter David Ignatius will say he finds the “image of a CIA interrogator standing with a power drill next to somebody he’s interrogating… particularly horrific, because that’s a technique that’s been used in torturing people in Iraq.” [PBS, 8/24/2009]
bullet A CIA interrogator told al-Nashiri that if he did not cooperate with his captors, “we could get your mother in here” and “we can bring your family in here.” The report says that the interrogator wanted al-Nashiri to infer for “psychological” reasons that his female relatives might be sexually abused. The interrogator has denied actually threatening to sexually abuse al-Nashiri’s mother or other relatives.
bullet An interrogator threatened the lives of one detainee’s children. According to the report, an “interrogator said to Khalid Shaikh Mohammed that if anything else happens in the United States, quote, ‘we’re going to kill your children.’” According to the report, the debriefer was trying to exploit a belief in the Middle East that interrogation techniques included sexually abusing female relatives in front of the detainees. It was during these same interrogation sessions that Mohammed was waterboarded 183 times in a single month (see April 16, 2009). [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
Fear of Recriminations - According to the report, there was concern throughout the agency over the potential legal consequences for agency officers. Officers “expressed unsolicited concern about the possibility of recrimination or legal action” and said “they feared that the agency would not stand behind them,” according to the report. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009] According to the report, CIA personnel “are concerned that public revelation” of the program will “seriously damage” personal reputations as well as “the reputation and effectiveness of the agency itself.” One officer is quoted as saying he could imagine CIA agents ending up before the World Court on war crimes charges. “Ten years from now, we’re going to be sorry we’re doing this,” another officer said. But “it has to be done.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009] Helgerson will write: “This review of the agency’s early detention and interrogation activities was undertaken in part because of expressions of concern by agency employees that the actions in which they were involved, or of which they were aware, would be determined by judicial authorities in the US or abroad to be illegal. Many expressed to me personally their feelings that what the agency was doing was fundamentally inconsistent with long established US government policy and with American values, and was based on strained legal reasoning. We reported these concerns.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Recommendations - The report lists 10 recommendations for changes in the treatment of detainees, but it will not be reported what these are. Eight of the recommendations are apparently later adopted. Former CIA assistant general counsel John Radsan will later comment, “The ambiguity in the law must cause nightmares for intelligence officers who are engaged in aggressive interrogations of al-Qaeda suspects and other terrorism suspects.” [New York Times, 11/9/2005]
Approval, Contradictory Statements by Attorney General - The report says that Attorney General John Ashcroft approved all of these actions: “According to the CIA general counsel, the attorney general acknowledged he is fully aware of the repetitive use of the waterboard and that CIA is well within the scope of the DOJ opinion that the authority given to CIA by that opinion. The attorney general was informed the waterboard had been used 119 times on a single individual.” In 2009, reporter Michael Isikoff will say that the contents of the report “conflict… with the public statements that have been made over the years by Bush administration officials and CIA directors.” In 2007, then-CIA Director Michael Hayden will tell the Council on Foreign Relations that the agency’s detention and interrogation program was “very carefully controlled and lawfully conducted—has been carefully controlled and lawfully conducted.” Isikoff will say, “It’s kind of hard to square that with… what was in the CIA inspector general report that had been presented five years ago in 2004.” [Central Intelligence Agency, 5/7/2004 pdf file; MSNBC, 8/25/2009]
Questions of Effectiveness - The report does document that some interrogations obtained critical information to identify terrorists and stop potential plots, and finds that some imprisoned terrorists provided more information after being exposed to brutal treatment (see August 24, 2009). It finds that “there is no doubt” that the detention and interrogation program itself prevented further terrorist activity, provided information that led to the apprehension of other terrorists, warned authorities of future plots, and helped analysts complete an intelligence picture for senior policymakers and military leaders. But whether the harsh techniques were effective in this regard “is a more subjective process and not without some concern,” the report continues. It specifically addresses waterboarding as an illegal tactic that is not shown to have provided useful information. “This review identified concerns about the use of the waterboard, specifically whether the risks of its use were justified by the results, whether it has been unnecessarily used in some instances,” the report reads, and notes that in many instances, the frequency and volume of water poured over prisoners’ mouths and noses may have exceeded the Justice Department’s legal authorization. In the instance of detainee Abu Zubaida, the report finds, “It is not possible to say definitively that the waterboard is the reason for Abu [Zubaida]‘s increased production [of intelligence information], or if another factor, such as the length of detention, was the catalyst.” In 2009, Isikoff will note that the effectiveness of torture is not clarified by the report. “As you know, Vice President [Dick] Cheney and others who had defended this program have insisted time and again that valuable intelligence was gotten out of this program. You could read passages of this report and conclude that that is the case, that they did get—some passages say important intelligence was gotten. But then others are far more nuanced and measured, saying we don’t really know the full story, whether alternative techniques could have been used.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Cheney Blocked Report's Completion - Reporter Jane Mayer later learns that Cheney intervened to block Helgerson from completing his investigation. Mayer will write that as early as 2004, “the vice president’s office was fully aware that there were allegations of serious wrongdoing in the [interrogation] program.” Helgerson met repeatedly and privately with Cheney before, in Mayer’s words, the investigation was “stopped in its tracks.” She will call the meetings “highly unusual.” In October 2007, CIA Director Michael Hayden will order an investigation of Helgerson’s office, alleging that Helgerson was on “a crusade against those who have participated in controversial detention programs.” [Public Record, 3/6/2009]

Entity Tags: Office of Medical Services (CIA), International Criminal Court, Jane Mayer, John Helgerson, David Ignatius, John Radsan, John Ashcroft, Convention Against Torture, Abu Zubaida, Bush administration (43), US Department of Justice, Richard (“Dick”) Cheney, Central Intelligence Agency, Michael Hayden, Abd al-Rahim al-Nashiri, Khalid Shaikh Mohammed, Michael Isikoff

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Vice President Dick Cheney is interviewed in his office by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Cheney is asked if he knows who, if anyone, in the White House might have leaked Plame Wilson’s identity to the press. He is asked about conversations with his senior aides, including his chief of staff, Lewis “Scooter” Libby. He is also asked whether he knows of any concerted effort by White House officials to leak Plame Wilson’s identity. Cheney is not questioned under oath, and has not been asked to testify before the grand jury. He is represented by two lawyers, Terrence O’Donnell and Emmet Flood. [Federal Bureau of Investigation, 5/8/2004 pdf file; New York Times, 6/5/2004]
Cheney Evades, Refuses to Answer Questions - In October 2009, an FBI interview summary regarding Cheney’s testimony will be released (see October 1, 2009). According to the document, Cheney equivocates or refuses to answer 72 times during his interview, either saying he cannot be certain about the information requested, or that he does not know.
Denies Informing Libby about Plame Wilson's CIA Status - One of the most fundamental questions Cheney is asked is about how Libby learned about Plame Wilson’s identity. Libby’s own notes indicate that he learned it from Cheney, and that he had shared his notes with Cheney in late 2003 (see Late September or Early October, 2003), in defiance of instructions from the FBI and the White House counsel’s office not to share information with colleagues (see September 29-30, 2003). But in his testimony, Cheney “cannot recall Scooter Libby telling him how he first heard of Valerie Wilson. It is possible Libby may have learned about Valerie Wilson’s employment from the vice president… but the vice president has no specific recollection of such a conversation.” [Federal Bureau of Investigation, 5/8/2004 pdf file; Associated Press, 11/2/2009] Cheney testifies that contrary to the evidence, he learned of Plame Wilson’s CIA status from Libby, who informed him that a number of reporters had contacted Libby in July 2003 to say that Plame Wilson had been responsible for arranging her husband’s trip to Niger to investigate the Niger uranium claims. Cheney says that the next time he heard about Plame Wilson and her connection to her husband was when he read Robert Novak’s article outing her as a CIA officer (see July 14, 2003). Cheney is lying; he informed Libby of Plame Wilson’s identity (see (June 12, 2003)).
Denies Knowledge of Wilson Trip to Niger - He also denies knowing that Plame Wilson’s husband, war critic and former ambassador Joseph Wilson, was sent to Niger to investigate claims that Iraq was attempting to buy uranium from that country (see (February 13, 2002) and February 21, 2002-March 4, 2002), and says the CIA never briefed him about Wilson’s trip (see March 5, 2002). Future testimony will challenge Cheney’s claims, as witnesses will testify that Cheney, Libby, Deputy National Security Adviser Stephen Hadley, the Defense Department, the State Department, the Defense Intelligence Agency, the Joint Chiefs of Staff, the National Security Council, and President Bush were all given copies of a CIA cable sent to Cheney’s office that debunked the Niger claims (see December 2001, Shortly after February 12, 2002, March 5, 2002, February 12, 2002, March 8, 2002, October 15, 2002, Mid-October 2002, October 18, 2002, January 2003, and March 8, 2003). [Federal Bureau of Investigation, 5/8/2004 pdf file; Truthout (.org), 2/15/2006]
Refuses to Answer about WMD NIE - Prosecutor Patrick Fitzgerald, leading the interview, presses Cheney to discuss evidence that shows he pressured Bush to quickly declassify portions of the October 2002 National Intelligence Estimate on Iraqi WMD (see October 1, 2002) for the purpose of making the case for invading Iraq. Libby provided selected NIE information to New York Times reporter Judith Miller while simultaneously leaking Plame Wilson’s identity to her (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and other reporters. Cheney refuses to confirm that he discussed anything regarding the NIE with Bush, saying that he could not comment on any private or privileged conversations he may have had with the president. Libby has already testified to the declassification of the NIE, telling prosecutors that he talked to Miller following the “president’s approval relayed to me through the vice president.”
Insists Plame Wilson's Identity Never Used to Discredit Husband - Cheney insists that no one in the White House ever talked about leaking Plame Wilson’s CIA status to the press in an attempt to discredit her husband. There was never any discussion, Cheney says, of “pushing back” on Wilson’s credibility by raising the issue of nepotism, the fact that his wife worked for the CIA, the same agency that dispatched him to Niger to run down the report of an agreement to supply uranium to Iraq. In his own testimony, Libby was far less emphatic, saying “[i]t’s possible” he may have discussed the idea with Cheney. Both men lie in their testimony (see March 9, 2003 and After, May 2003, June 3, 2003, June 9, 2003, June 11 or 12, 2003, (June 11, 2003), 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), June 19 or 20, 2003, July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and 7:35 a.m. July 8, 2003). [Federal Bureau of Investigation, 5/8/2004 pdf file; Associated Press, 11/2/2009] Cheney tells prosecutors that he and his office were merely interested in rebutting Wilson’s criticisms of the war effort, and wanted to dispel the notion among some reporters that he had selected Wilson for the Niger trip. In 2006, an attorney close to the case will say: “In his testimony the vice president said that his staff referred media calls about Wilson to the White House press office. He said that was the appropriate venue for responding to statements by Mr. Wilson that he believed were wrong.” [Federal Bureau of Investigation, 5/8/2004 pdf file; Truthout (.org), 2/15/2006] In June 2009, the Department of Justice will reveal that Cheney and Bush had discussed the leak in a “confidential conversation” and “an apparent communication between the vice president and the president.” [Truthout (.org), 7/7/2009]

Entity Tags: Terrence O’Donnell, US Department of State, Valerie Plame Wilson, Stephen J. Hadley, US Department of Defense, Robert Novak, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Emmet Flood, Defense Intelligence Agency, Bush administration (43), Federal Bureau of Investigation, George W. Bush, Joint Chiefs of Staff, National Security Council, Judith Miller, Joseph C. Wilson, Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Niger Uranium and Plame Outing

A Pentagon report determines that conditions at the detention facilities at Guantanamo Bay, Cuba, and Charleston, South Carolina used to house “enemy combatants” are problematic at best. The facilities house three designated enemy combatants: Jose Padilla (see May 8, 2002), Yaser Esam Hamdi (see December 2001), and Ali Saleh Kahlah al-Marri (see December 12, 2001). The report, entitled “Brief to the Secretary of Defense on Treatment of Enemy Combatants Detained at Naval Station Guantanamo Bay, Cuba, and Naval Consolidated Brig Charleston,” is written by the Navy’s Vice Admiral A.T. Church III and by Marine Brigadier General D.D. Thiessen. The focus of the report is to “[e]nsure Department of Defense orders concerning proper treatment of enemy combatants.” The report documents extensive problems at both locations. It cites the following as some of the problems:
bullet “One detainee has Koran removed from cell as part of JFCOM [Joint Forces Command] interrogation plan. Muslim chaplain not available.”
bullet “One detainee in Charleston has mattress removed as part of JFCOM-approved interrogation plan.”
bullet “One detainee in each location currently not authorized ICRC [Red Cross] visits due to interrogation plans in progress.”
bullet “One detainee in Charleston has Koran, mattress, and pillow removed and is fed cold MREs as part of interrogation plan.” This citation has a footnote that reads, “After completion of current interrogation,” removal of the Koran as an incentive to answer questions “will no longer be used at Charleston.”
bullet “Limited number and unique status of detainees in Charleston precludes interaction with other detainees. Argument could be made that this constitutes isolation.”
bullet At the Charleston brig, “Christian chaplain used to provide socialization, but could be perceived as forced proselytization.”
Nonetheless, the report concludes, “No evidence of noncompliance with DoD orders at either facility.” The authors assume that “treatment provided for in presidential and SECDEF orders constitutes ‘humane treatment.’” [Progressive, 3/2007] When Church presents his report to journalists (see May 12, 2004), he says he only found eight “minor infractions.”

Entity Tags: US Department of Defense, Jose Padilla, D.D. Thiessen, Ali Saleh Kahlah al-Marri, Albert T. Church III, Yaser Esam Hamdi

Timeline Tags: Torture of US Captives

Author and former Nixon White House counsel John Dean reviews former ambassador Joseph Wilson’s new book, The Politics of Truth (see April 2004). Dean, who has long been a fierce critic of the Bush administration, uses the review to examine aspects of the controversy surrounding the White House’s disproven claim that Iraq attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and the outing of Wilson’s wife as a CIA agent through a White House leak (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, Before July 14, 2003, and July 14, 2003). Dean calls the book “riveting and all-engaging… provid[ing] context to yesterday’s headlines, and perhaps tomorrow’s, about the Iraq war and about our politics of personal destruction,” as well as detailed information about Wilson’s long diplomatic service in Africa and the Middle East, and what Dean calls “a behind-the-scenes blow-by-blow of the run-up to the 1991 Persian Gulf war.”
'Anti-Dumb-War' - Dean also admires Wilson’s opposition to the Iraq war, saying that “Wilson is not antiwar. Rather, he is ‘anti-dumb-war’” and noting that while Wilson is not himself particularly conservative (or liberal), he considers the neoconservatives who make up the driving force in President Bush’s war cabinet “right-wing nuts.”
'Vicious Hatchet Job' - Dean quickly moves into the White House-orchestrated attempt to besmirch Wilson’s credibility, calling it “the most vicious hatchet job inside the Beltway since my colleague in Richard Nixon’s White House, the dirty trickster Charles W. Colson, copped a plea for defaming Daniel Ellsberg and his lawyer (see June 1974).… It was an obvious effort to discredit Wilson’s [Niger] report, and, Wilson believes, a you-hurt-us-we-will-hurt-you warning to others.” While Wilson writes with passion and anger about the outing of his wife, he restrains himself from giving too many personal details about her, relying instead on material already revealed in press interviews and reports. Dean notes that Wilson believes his wife’s name was leaked to the press by any or all of the following White House officials: Lewis “Scooter” Libby, the chief of staff to Vice President Dick Cheney; Karl Rove, Bush’s chief political strategist; and Elliott Abrams, a national security adviser and former Iran-Contra figure (see October 7, 1991). Though Dean is correct in noting that Wilson comes to his conclusions “based largely on hearsay from the Washington rumor mill,” he will be proven accurate in two out of three of his assertions (see July 8, 2003, 11:00 a.m. July 11, 2003, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Wilson continues to fight attacks from Bush supporters, but, Dean notes, if they actually read his book, “they should understand that they have picked a fight with the wrong fellow.” [New York Times, 5/12/2004]

Entity Tags: Joseph C. Wilson, Bush administration (43), John Dean, Lewis (“Scooter”) Libby, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

The New York Times learns that FBI Director Robert Mueller has ordered FBI interrogators to stay out of CIA-led interrogations of suspected al-Qaeda members. Mueller, and many FBI officials, believe the CIA’s interrogation tactics are too brutal and violate domestic and international laws. Mueller and other FBI officials have objected to the use of techniques such as waterboarding, as well as forced starvation, forced drugging, and beatings. FBI officials told Mueller that the techniques would be prohibited in criminal cases. Some CIA officers are worried that public outrage over the recent revelations of prisoner abuse at Baghdad’s Abu Ghraib prison might lead to a closer examination of the agency’s treatment of al-Qaeda prisoners. “Some people involved in this have been concerned for quite a while that eventually there would be a new president, or the mood in the country would change, and they would be held accountable,” one says. “Now that’s happening faster than anybody expected.” [BBC, 5/13/2004] In 2008, a Justice Department investigation (see May 20, 2008) will reveal that sometime in mid-2002, the FBI’s then-assistant director for counterterrorism, Pasquale D’Amuro, ordered FBI agents at Guantanamo to stop participating in interrogations and leave the facility. D’Amuro brought the issue to Mueller’s attention; according to the Justice Department report, D’Amuro “stated that his exact words to Mueller were ‘we don’t do that’ and that someday the FBI would be called to testify and he wanted to be able to say that the FBI did not participate in this type of activity.” D’Amuro was concerned that the use of such aggressive interrogation techniques “failed to take into account an ‘end game.’” The report will continue: “D’Amuro stated that even a military tribunal would require some standard for admissibility of evidence. Obtaining information by way of ‘aggressive’ techniques would not only jeopardize the government’s ability to use the information against the detainees, but also might have a negative impact on the agents’ ability to testify in future proceedings.” Mueller agreed with D’Amuro and issued what became a “bright line rule” barring FBI agents from participating in CIA and military interrogations involving such methods. [Newsweek, 5/20/2008]

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Robert S. Mueller III, Pasquale D’Amuro, US Department of Justice

Timeline Tags: Torture of US Captives

The 9/11 Commission’s staff team that is investigating the emergency response on 9/11 comes to the conclusion that New York City was, in author Philip Shenon’s words, “shockingly ill-prepared for the attacks.” It is clear to the investigators that former Mayor Rudy Giuliani was largely responsible for what went wrong.
Two Major Problems - One problem was that New York’s emergency command center, based on the 23rd floor of World Trade Center 7, was knocked out early in the attacks, leaving the emergency response without a focal point, and the police and fire departments set up separate command posts (see (9:05 a.m.) September 11, 2001, (9:50 a.m.-10:10 a.m.) September 11, 2001, and (After 10:28 a.m.-12:00 pm.) September 11, 2001). The command center, sometimes referred to as “Rudy’s bunker,” was criticized when it was built precisely because this problem was foreseen (see June 8, 1999). In addition, the radios used by firefighters in the World Trade Center failed to work on 9/11. The same problem was encountered during the response to the 1993 WTC bombing (see February 26, 1993), but the solution that was implemented—a repeater to boost the radios’ signal—did not work on the day of the attacks. This problem was especially grave, as many firefighters were instructed to flee the about-to-collapse towers, but did not hear the instruction due to the poor radio system and died as a result (see (Between 9:59 a.m. and 10:28 a.m.) September 11, 2001).
Tempering Criticism - However, the team, led by former New Jersey attorney general John Farmer, is aware that Giuliani’s image as a global hero after the attacks could complicate matters. Shenon will describe their thinking: “But would the Commission be willing to take on the most popular political figure in the country—the president-in-waiting, it seemed?… [Giuliani] was a hero, the embodiment of everything Americans wanted to believe about themselves about 9/11.” Therefore, “Farmer and his team always qualif[y] their criticism of the former mayor.” Nevertheless, the Commission’s two staff statements issued during the hearings about this topic in New York will be extremely critical of Giuliani. [Shenon, 2008, pp. 347-350]

Entity Tags: John Farmer, 9/11 Commission, Rudolph (“Rudy”) Giuliani

Timeline Tags: Complete 911 Timeline

Rene Lerner, a deputy assistant attorney general in the Office of Legal Counsel (OLC), and Justice Department lawyer Adrien Silas send a memo to Assistant Attorney General William Moschella. The memo will remain classified, but the American Civil Liberties Union (ACLU) will learn that it pertains to the so-called “McCain Amendment,” later known as the Detainee Treatment Act (see December 15, 2005). President Bush will sign the bill into law, but will include a signing statement that states the administration will not follow the law because it impinges on the president’s constitutional authority to conduct military operations (see December 30, 2005). It is unclear whether Bush’s signing statement is influenced by the memo. [ProPublica, 4/16/2009]

Entity Tags: Detainee Treatment Act, Adrien Silas, American Civil Liberties Union, US Department of Justice, Rene Lerner, Office of Legal Counsel (DOJ), George W. Bush, William E. Moschella

Timeline Tags: Civil Liberties

Attorney General John Ashcroft again invokes the “state secrets” privilege (see March 9, 1953), forbidding former FBI translator Sibel Edmonds from testifying in a case brought by hundreds of families of September 11 victims (see October 18, 2002). [New York Times, 5/20/2004] Four weeks earlier, on April 26, the Justice Department had obtained a temporary court order preventing her from testifying before the court. [Independent, 4/2/2004; Government Executive, 4/30/2004] The families, represented by the law firm Motley-Rice, allege that a number of banks and two members of the Saudi royal family provided financial support to al-Qaeda. [New York Times, 5/20/2004] Ashcroft’s order retroactively classifies information it provided Senators Chuck Grassley and Patrick Leahy (see June 17, 2002) concerning former FBI translator Sibel Edmonds and her allegations. Among the documents to be “reclassified” are the follow-up letters sent by Grassley and Leahy to the FBI which they posted on their website. Their staff members are prohibited from discussing the information, even though it is now public knowledge. The order bars Edmonds from answering even simple questions like, “When and where were you born?” “What languages do you speak?” and “Where did you go to school?” [New York Times, 5/20/2004; Boston Globe, 7/5/2004; Asia Times, 8/6/2004; Vanity Fair, 9/2005] In response to the announcement, Grassley says: “I think it’s ludicrous, because I understand that almost all of this information is in the public domain and has been very widely available. This classification is very serious, because it seems like the FBI would be attempting to put a gag order on Congress.” [New Republic, 6/7/2004]

Entity Tags: US Department of Justice, Sibel Edmonds, Charles Grassley, Patrick J. Leahy

Timeline Tags: Complete 911 Timeline, Civil Liberties

Newsweek reveals the existence of the January 9, 2002 draft memo written by Justice Department lawyers John Yoo and Robert Delahunty (see January 9, 2002). [Newsweek, 5/21/2004]

Entity Tags: Robert J. Delahunty, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

David Ottaway.David Ottaway. [Source: AAAS.org]According to the Oregon branch of the Islamic charitable organization the Al-Haramain Islamic Foundation, Washington Post reporter David Ottaway receives a classified document that is evidence of illegal surveillance by the National Security Agency. The document shows that the NSA illegally intercepted telephone conversations and e-mails between Al Haramain officials in Oregon and Washington, DC. The document, dated May 24, 2004 and marked “Top Secret,” is accidentally provided to Al Haramain by Treasury Department officials that same month; Al Haramain quickly turns the document over to Ottoway, who is researching Islamic groups and individuals labeled as terrorists by the US government and are attempting to prove their innocence. Instead of reporting on the document, Ottaway will return it to the FBI when that organization demands it back in November 2004. In February 2006, Al Haramain will sue the Bush administration for illegally spying on it (see February 28, 2006) as part of its warrantless wiretapping program (see After September 11, 2001 and December 15, 2005). The Treasury Department has been investigating the charitable organization for possible ties to terrorism, and designated the group as a terrorist organization. The FBI will approach the organization and then Ottaway himself, demanding that all copies of the document be returned and threatening them with prosecution if the contents are revealed. Ottaway will consult with Post editors and lawyers, who will conclude, according to Ottaway, “that it was not relevant to what I was working on at the time.” Post executive editor Leonard Downie, Jr., will defend the decision, saying, “At the time we had this document, it was before we had any knowledge of the eavesdropping program. Without that knowledge, the document provided no useful information. At the time, all we knew was that this document was not relevant to David’s reporting.” [Washington Post, 3/3/2006]

Entity Tags: US Department of the Treasury, Washington Post, Leonard Downie, Jr., Al Haramain Islamic Foundation (Oregon branch), Bush administration (43), National Security Agency, David Ottaway, Federal Bureau of Investigation

Timeline Tags: Civil Liberties, Domestic Propaganda

9/11 Commission Executive Director Philip Zelikow telephones a CIA analyst who co-wrote a Presidential Daily Briefing (PDB) item entitled “Bin Laden Determined to Strike in US.” President George Bush received the briefing in August 2001 (see August 6, 2001). The tone of the conversation will be disputed. According to an anonymous Commission staffer who overhears part of the conversation and who talks to author Philip Shenon, Zelikow pressures the analyst to accept the version of the PDB offered by Bush and National Security Adviser Condoleezza Rice, and say that it contained historical information and was written in response to a request by President Bush for such briefing. Zelikow is close to Rice (see January 3, 2001) and defends her interests on the Commission (see May-June 2004). However, Zelikow will later deny pressuring the analyst, saying he was merely trying to prepare a summary of what was known about the PDB for the commissioners and that he had little time, so the interview was conducted by telephone. Nevertheless, the call is in violation of several internal Commission rules, including the requirement that significant interviews be conducted in the presence of at least two staff members. Shenon will describe the call as “a private inquiry into the origins of what was, without doubt, the most controversial document in the investigation.” [Shenon, 2008, pp. 374-376] Zelikow will try to stop one of the commissioners, Richard Ben-Veniste, from talking to the analyst and a colleague (see Early July 2004).

Entity Tags: Philip Shenon, Philip Zelikow, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The New York Times learns that President Bush is retaining the services of lawyer James Sharp to represent him in the Valerie Plame Wilson identity leak case (see December 30, 2003). Sharp has represented numerous high-profile clients, including two key figures in the Nixon Watergate scandal, a senator accused of bribery, and Enron’s Kenneth Lay. Friends and colleagues describe Sharp as “an absolutely superb trial lawyer,” but “a very private guy.” Sharp’s political leanings are unclear, but his donation records show that he has regularly given more money to Democratic candidates than Republican, including contributing to the campaign of Bush’s challenger, Senator John Kerry (D-MA). He has represented both Democrats and Republicans in a variety of court cases. He is a former Navy lawyer with the Judge Advocate General Corps, and has served as a federal prosecutor. [New York Times, 6/5/2004]

Entity Tags: George W. Bush, James Sharp

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post reveals the existence of a secret August 2002 memo from the Justice Department. This memo advised the White House that torturing al-Qaeda terrorists in captivity “may be justified,” and that international laws against torture “may be unconstitutional if applied to interrogations” conducted in the US war on terrorism (see August 1, 2002). The legal reasoning was later used in a March 2003 report by Pentagon lawyers assessing interrogation rules governing the military detention center at Guantanamo Bay (see March 6, 2003). Bush officials say that despite the memo, it has abided by the Geneva Conventions and other international treaties proscribing torture (see February 7, 2002). The incidents at Abu Ghraib, where numerous Iraqi prisoners were tortured, maimed, and sometimes murdered, were not policy, officials say. Human rights organizations and civil libertarians are appalled at the memo. “It is by leaps and bounds the worst thing I’ve seen since this whole Abu Ghraib scandal broke,” says Tom Malinowski of Human Rights Watch. “It appears that what they were contemplating was the commission of war crimes and looking for ways to avoid legal accountability. The effect is to throw out years of military doctrine and standards on interrogations.” A senior Pentagon official says that the Judge Advocate Generals (JAGs) were quick to challenge the Justice Department opinion when it was promoted by the Pentagon. “Every flag JAG lodged complaints,” the official says. A senior military attorney says of the memo: “It’s really unprecedented. For almost 30 years we’ve taught the Geneva Convention one way. Once you start telling people it’s okay to break the law, there’s no telling where they might stop.” [Washington Post, 6/8/2004] Attorney General John Ashcroft tells the Senate Judiciary Committee that he will not discuss the contents of the August 2002 memo, nor turn it over to the committee. “I believe it is essential to the operation of the executive branch that the president has the opportunity to get information from the attorney general that is confidential,” he says. [Washington Post, 6/8/2004]

Entity Tags: Senate Judiciary Committee, Bush administration (43), Geneva Conventions, John Ashcroft, Tom Malinowski, US Department of Justice, Judge Advocate General Corps, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

During the annual G-8 economic summit, held in Sea Island, Georgia [2004 G8 Summit, 2004] , President Bush rejects the notion that he approved the use of torture. “The authorization I gave,” the president says, “was that all we did should be in accordance with American law and consistent with our international treaty obligations. That’s the message I gave our people.” He adds, “What I authorized was that we stay within the framework of American law.” And to emphasize his point, he says: “Listen, I’ll say it one more time.… The instructions that were given were to comply with the law. That should reassure you. We are a nation of laws. We follow the law. We have laws on our books. You could go look at those laws and that should reassure you.” [US President, 6/21/2004] During the summit, the foreign ministers of the participating countries are suddenly called to Washington to meet with Bush and Secretary of State Colin Powell. As Canadian Foreign Minister Bill Graham will later recall: “Colin suddenly phoned us all up and said, ‘We’re going to the White House this morning.’ Now, this is curious, because normally the heads of government don’t give a damn about foreign ministers. We all popped in a bus and went over and were cordially received by Colin and President Bush. The president sat down to explain that, you know, this terrible news had come out about Abu Ghraib and how disgusting it was. The thrust of his presentation was that this was a terrible aberration; it was un-American conduct. This was not American. [German Foreign Minister] Joschka Fischer was one of the people that said, ‘Mr. President, if the atmosphere at the top is such that it encourages or allows people to believe that they can behave this way, this is going to be a consequence.’ The president’s reaction was: ‘This is un-American. Americans don’t do this. People will realize Americans don’t do this.’ The problem for the United States, and indeed for the free world, is that because of this—Guantanamo, and the ‘torture memos’ from the White House (see November 6-10, 2001 and August 1, 2002), which we were unaware of at that time—people around the world don’t believe that anymore. They say, ‘No, Americans are capable of doing such things and have done them, all the while hypocritically criticizing the human-rights records of others.’” [Vanity Fair, 2/2009]

Entity Tags: Bill Graham, George W. Bush, Colin Powell, Joschka Fischer

Timeline Tags: Torture of US Captives, Civil Liberties

Al-Qaeda operative Musaad Aruchi is arrested in Karachi, Pakistan, by Pakistani paramilitary forces and the CIA. Aruchi is said to be a nephew of 9/11 mastermind Khalid Shaikh Mohammed and a cousin of 1993 WTC bomber Ramzi Yousef. (Another of his nephews, Ali Abdul Aziz Ali, was captured in Karachi the year before (see April 29, 2003). CIA telephone and Internet intercepts led investigators to the apartment building where Aruchi lived. Aruchi is in frequent contact with Muhammad Naeem Noor Khan, who is in touch with al-Qaeda operatives all over the world. Aruchi is flown out of the country in an unmarked CIA plane; there have been no reports on his whereabouts since and he will not be transferred to Guantanamo Bay with other high-ranking prisoners in 2006. Noor Khan is followed and then arrested a month later (see July 13, 2004). [Washington Post, 8/3/2004; Guardian, 8/8/2004]

Entity Tags: Musaad Aruchi, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

The 9/11 Commission releases a new report on how the 9/11 plot developed. Most of their information appears to come from interrogations of prisoners Khalid Shaikh Mohammed (KSM), the 9/11 mastermind, and Ramzi bin al-Shibh, a key member of the al-Qaeda Hamburg cell. In this account, the idea for the attacks appears to have originated with KSM. In mid-1996, he met bin Laden and al-Qaeda leader Mohammed Atef in Afghanistan. He presented several ideas for attacking the US, including a version of the 9/11 plot using ten planes (presumably an update of Operation Bojinka’s second phase plot (see February-Early May 1995)). Bin Laden does not commit himself. In 1999, bin Laden approves a scaled-back version of the idea, and provides four operatives to carry it out: Nawaf Alhazmi, Khalid Almihdhar, Khallad bin Attash, and Abu Bara al Taizi. Attash and al Taizi drop out when they fail to get US visas. Alhazmi and Almihdhar prove to be incompetent pilots, but the recruitment of Mohamed Atta and the others in the Hamburg al-Qaeda cell solves that problem. Bin Laden wants the attacks to take place between May and July 2001, but the attacks are ultimately delayed until September. [9/11 Commission, 6/16/2004] However, information such as these accounts resulting from prisoner interrogations is seriously doubted by some experts, because it appears they only began cooperating after being coerced or tortured. For instance, it is said that KSM was “waterboarded,” a technique in which his head is pushed under water until he nearly drowns. Information gained under such duress often is unreliable. Additionally, there is a serious risk that the prisoners might try to intentionally deceive. [New York Times, 6/17/2004] For instance, one CIA report of his interrogations is called, “Khalid Shaikh Mohammed’s Threat Reporting—Precious Truths, Surrounded by a Bodyguard of Lies.” [Los Angeles Times, 6/23/2004] The Commission itself expresses worry that KSM could be trying to exaggerate the role of bin Laden in the plot to boost bin Laden’s reputation in the Muslim world. [9/11 Commission, 6/16/2004] Most of what these prisoners have said is uncorroborated from other sources. [New York Times, 6/17/2004] In 2007, it will be alleged that as much as 90 percent of KSM’s interrogation could be inaccurate, and that he has recanted some of his confessions (see August 6, 2007).

Entity Tags: Osama bin Laden, 9/11 Commission, Ramzi bin al-Shibh, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

Jack Goldsmith, once considered a rising star in the Bush administration (see October 6, 2003), resigns under fire from his position as chief of the Justice Department’s Office of Legal Counsel (OLC). In his nine-month tenure, Goldsmith fought against the administration’s warrantless wiretapping program, its advocacy of torture, and its policy of extrajudicial detention and trial for terror suspects. Goldsmith will not discuss his objections to the administration’s policy initiatives until September 2007, when he will give interviews to a variety of media sources in anticipation of the publication of his book, The Terror Presidency. Goldsmith led a small, in-house revolt of administration lawyers against what they considered to be the constitutional excesses of the legal policies advocated by the administration in its war on terrorism. “I was disgusted with the whole process and fed up and exhausted,” he will recall. Goldsmith chooses to remain quiet about his resignation, and as a result, his silence will be widely misinterpreted by media, legal, and administration observers. Some even feel that Goldsmith should be investigated for his supposed role in drafting the torture memos (see January 9, 2002, August 1, 2002, and December 2003-June 2004) that he had actually opposed. “It was a nightmare,” Goldsmith will recall. “I didn’t say anything to defend myself, except that I didn’t do the things I was accused of.” [New York Times Magazine, 9/9/2007] Goldsmith will not leave until the end of July, and will take a position with the Harvard University Law School. Unlike many other Justice Department officials, he will not be offered a federal judgeship, having crossed swords with White House lawyers too many times. [Savage, 2007, pp. 191]

Entity Tags: US Department of Justice, Office of Legal Counsel (DOJ), Jack Goldsmith

Timeline Tags: Civil Liberties

After a search of Iraqi paramilitary records indicates a man named Hikmat Shakir Ahmad was a lieutenant colonel in Saddam Hussein’s Fedayeen, there is speculation that he is the same person as Ahmad Hikmat Shakir, an alleged Iraqi al-Qaeda operative who met one of the 9/11 hijackers during an al-Qaeda summit in Malaysia (see January 5-8, 2000), and was captured and inexplicably released after 9/11 (see September 17, 2001). The claim that the two men are the same person is used to bolster the theory that Saddam Hussein was in some way connected to 9/11, but turns out not to be true, as the two of them are found to be in different places at one time, in September 2001. [Knight Ridder, 6/12/2004; Washington Post, 6/22/2004; 9/11 Commission, 7/24/2004, pp. 502]

Entity Tags: Hikmat Shakir Ahmad, Ahmad Hikmat Shakir

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Vice President Cheney has called the prisoners being held by the US at Guantanamo Bay, Cuba, “the worst of a very bad lot” (see January 27, 2002) and other US officials have suggested that information from them has exposed terrorist cells and foiled attacks. But a lengthy New York Times investigation finds that US “government and military officials have repeatedly exaggerated both the danger the detainees posed and the intelligence they have provided.… In interviews, dozens of high-level military, intelligence and law-enforcement officials in the United States, Europe, and the Middle East said that contrary to the repeated assertions of senior administration officials, none of the detainees at the United States Naval Base at Guantanamo Bay ranked as leaders or senior operatives of al-Qaeda. They said only a relative handful—some put the number at about a dozen, others more than two dozen—were sworn al-Qaeda members or other militants able to elucidate the organization’s inner workings.” While some information from the prisoners has been useful to investigators, none of it has stopped any imminent attacks. Information from Guantanamo is considered “only a trickle” compared to what is being learned from prisoners held by the CIA in secret prisons elsewhere. Brig. Gen. Jay W. Hood, in charge of the task force running the prison, says, “The expectations, I think, may have been too high at the outset. There are those who expected a flow of intelligence that would help us break the most sophisticated terror organization in a matter of months. But that hasn’t happened.” Ironically, although few prisoners have been released, it appears about five have rejoined the Taliban and resumed attacks against US forces. Abdullah Laghmani, the chief of the National Security Directorate in Kandahar, Afghanistan, says, “There are lots of people who were innocent, and they are capturing them, just on anyone’s information. And then they are releasing guilty people.” [New York Times, 6/21/2004] Abdurahman Khadr, a CIA informant posing as a Guantanamo inmate for much of 2003 (see November 10, 2001-Early 2003 and Spring 2003), will later say about the prison: “There’s only, like, a 10 percent of the people that are really dangerous, that should be there. And the rest are people that, you know, don’t have anything to do with it, don’t even- you know, don’t even understand what they’re doing here.” [PBS Frontline, 4/22/2004] The Los Angeles Times reported back in August 2002 that no al-Qaeda leaders are being held at Guantanamo (see August 18, 2002). Some al-Qaeda leaders will be transferred into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Abdurahman Khadr, Abdullah Laghmani, Jay W. Hood

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Page 14 of 23 (2238 events)
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