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

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Officials for the incoming Obama administration are dismayed to find that the task of closing Guantanamo Bay, one of President Obama’s first orders as president (see January 22, 2009), is going to be much harder than anticipated, because the records and details of the approximately 245 prisoners in custody are in terrific disarray. Obama officials, barred from examining classified records on the detainees until the inauguration, also find that many of the prisoners have no comprehensive case files at all. What information that does exist on the detainees is, according to a senior Obama official, “scattered throughout the executive branch.” Most detainees have little more than a dossier containing brief summaries of information, and lack any sort of background or investigative information that would be required for federal prosecutions. Obama named a Cabinet-level panel to review each case individually before the base is to be closed in a year, and those panel members will now have to spend weeks and perhaps months hunting down and correlating relevant material.
'Food Fights' among Bush Agencies - Officials from the former Bush administration admit that the files are incomplete, and that no single government office was tasked with keeping the information on Guantanamo detainees together. They blame the CIA and other intelligence agencies for not adequately sharing information, and add that the Bush administration’s focus was more on detention and interrogation, and much less on putting together information for future prosecutions. A former Pentagon official says that “regular food fights” between competing government agencies over the sharing of information contributed to the lack of coherent and consistent files. (A CIA official denies that the agency ever balked at sharing information with other governmental agencies, and says the Defense Department was more likely to be responsible for laspes in information.)
Former Bush Officials Say Obama Officials 'Look[ing] for Excuses' - However, other former Bush officials say the Obama team is trying to “look for excuses” instead of dealing with the complexities of the issues involved. Obama officials, after promising quick solutions, are now “backpedaling and trying to buy time” by blaming its predecessor, according to a former senior Bush official. He says that “all but about 60… are either high-level al-Qaeda people responsible for 9/11 or bombings, or were high-level Taliban or al-Qaeda facilitators or money people,” and the Obama administration will come to the same conclusion as Bush officials: that they need to stay in detention without trial or charges.
Files 'Not Comprehensive,' Problem Noted in Previous Judicial Proceedings - But Obama officials say they want to make their own judgments. A senior Obama official says: “The consensus among almost everyone is that the current system is not in our national interest and not sustainable. [But] it’s clear that we can’t clear up this issue overnight” in part because the files “are not comprehensive.” Justice Department lawyers claim that after the Supreme Court ruled detainees have habeas corpus rights (see June 30, 2006), Bush officials were “overwhelmed” by the sudden need to gather and correlate information and material. In one federal filing, the Justice Department told a court that the record for a particular detainee “is not simply a collection of papers sitting in a box at the Defense Department. It is a massive undertaking just to produce the record in this one case.” In another filing, Justice Department officials told a court that “defending these cases requires an intense, inter-agency coordination of efforts. None of the relevant agencies, however, was prepared to handle this volume of habeas cases on an expedited basis.” Some former military officials say that evidence gathered for military commissions trials was scattered and incomplete. One former Guantanamo prosecutor, Darrel Vandeveld, says evidence was “strewn throughout the prosecution offices in desk drawers, bookcases packed with vaguely-labeled plastic containers, or even simply piled on the tops of desks.” He says he once accidentally found “crucial physical evidence” that “had been tossed in a locker located at Guantanamo and promptly forgotten.” [Washington Post, 1/25/2009] Vandeveld says that evidence at Guantanamo was often so disorganized “it was like a stash of documents found in a village in a raid and just put on a plane to the US.” [United Press International, 1/14/2009]
Prosecutors Lacked Evidence Necessary for Prosecutions, Says Senior Official - “A prosecutor has an ethical obligation to review all the evidence before making a charging decision,” says Susan Crawford, the convening authority for the military commissions. “And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” Crawford has stated that another detainee was tortured while at Guantanamo (see January 14, 2009). [ABA Journal, 1/14/2009]
Defense Department: Information There, but Scattered - Pentagon spokesman Geoff Morrell says the files are in good order: “Fundamentally, we believe that the individual files on each detainee are comprehensive and sufficiently organized,” however, “in many cases, there will be thousands of pages of documents… which makes a comprehensive assessment a time-consuming endeavor.… Not all the documents are physically located in one place,” but most are available through a database. “The main point here is that there are lots of records, and we are prepared to make them available to anybody who needs to see them as part of this review.” [Washington Post, 1/25/2009]

Entity Tags: US Department of Justice, Susan Crawford, Bush administration (43), US Department of Defense, Central Intelligence Agency, Geoff Morrell, Obama administration, Darrel Vandeveld

Timeline Tags: Civil Liberties

Lindsey Graham.Lindsey Graham. [Source: Boston Globe]Senator Lindsey Graham (R-SC) says that some detainees currently held in Guantanamo should be imprisoned indefinitely, without legal recourse. Graham is responding to President Obama’s order to close Guantanamo within a year (see January 22, 2009). On Fox News, Graham says, “I do believe we can close Gitmo, but what to do with them [the remaining detainees]?” He says there are three options: “Repatriate some back to other countries makes sense, if you can do it safely. Some of them will be tried for war crimes. And a third group will be held indefinitely because the sensitive nature of the evidence may not subject them to the normal criminal process, but if you let them go, we’ll be letting go someone who wants to go back to the fight.… So we’ve got three lanes we’ve got to deal with: repatriation, trials, and indefinite detention.” Civil liberties expert Ken Gude is critical of Graham’s position: “US courts have tried some of the most dangerous terrorists the world has ever known, and done so while both protecting classified information and the rights of the accused to ensure the verdict is fair, legitimate, and accurate.… Of course these prosecutions will not be easy, but the admissibility of classified evidence is not an insurmountable obstacle to trials of Guantanamo detainees.” [Think Progress, 1/21/2009]

Entity Tags: Lindsey Graham, Barack Obama, Ken Gude

Timeline Tags: Torture of US Captives, Civil Liberties

President Barack Obama signs a series of executive orders mandating the closure of the Guantanamo Bay detention facility within one year’s time, and declares that prisoners at that facility will be treated within the parameters of the Geneva Conventions. Obama’s order also mandates the closure of the CIA’s secret prisons overseas. Another element of those orders bans the practice of torture on detainees (see January 22, 2009). Obama calls the order the first move by his administration to reclaim “the moral high ground” vacated by the previous administration. Americans understand that battling terrorism cannot continue with a “false choice between our safety and our ideals,” he says. [Los Angeles Times, 1/23/2009; Washington Post, 1/23/2009] “We can no longer afford drift, and we can no longer afford delay, nor can we cede ground to those who seek destruction,” he adds. [Associated Press, 1/22/2009] “We believe we can abide by a rule that says, we don’t torture, but we can effectively obtain the intelligence we need.” [New York Times, 1/23/2009] The Washington Post reports that the orders essentially end the “war on terror” as it has been managed by the Bush administration, and writes, “[T]he notion that a president can circumvent long-standing US laws simply by declaring war was halted by executive order in the Oval Office.” However, Obama’s order does not detail what should be done with the detainees currently housed at Guantanamo. According to a White House summary, Obama’s orders “set… up an immediate review to determine whether it is possible to transfer detainees to third countries, consistent with national security.” If a prisoner cannot be transferred, “a second review will determine whether prosecution is possible and in what forum.” Obama says, “The message that we are sending the world is that the United States intends to prosecute the ongoing struggle against violence and terrorism and we are going to do so vigilantly and we are going to do so effectively and we are going to do so in a manner that is consistent with our values and our ideals.” The US will now “observe core standards of conduct, not just when it’s easy, but also when it’s hard,” he adds. The orders do not specifically ban the practice of “rendition,” or secretly transferring prisoners to the custody of other nations, some of which practice torture. “There are some renditions that are, in fact, justifiable, defensible,” says a senior Obama administration official. “There’s not going to be rendition to any country that engages in torture.”
Republicans, Conservatives Object - Representative Peter Hoekstra (R-MI), a supporter of torture by the Bush administration, says Obama’s orders are imprecise and vague: “This is an executive order that places hope ahead of reality—it sets an objective without a plan to get there.” [Los Angeles Times, 1/23/2009; Washington Post, 1/23/2009] “What do we do with confessed 9/11 mastermind Khalid Shaikh Mohammed and his fellow terrorist conspirators.” Hoekstra asks, “offer them jail cells in American communities?” [Financial Times, 1/22/2009] Conservative news outlet Fox News tells its viewers, “The National Security Council told Fox that for now even [O]sama bin Laden or a high-ranking terrorist planner would be shielded from aggressive interrogation techniques that the CIA says produced lifesaving intelligence from… Mohammed.” [US News and World Report, 1/23/2009]
'A New Era for America' - Newly installed Secretary of State Hillary Clinton has a different view. “I believe with all my heart that this is a new era for America,” she tells reporters as she assumes her duties at the State Department. [Agence France-Presse, 1/22/2009] Former Bush official John Bellinger, the National Security Council’s top legal adviser, praises Obama’s orders, calling them “measured” and noting that they “do not take any rash actions.” Bellinger adds: “Although the Gitmo order is primarily symbolic, it is very important. It accomplishes what we could never accomplish during the Bush administration.” [New York Times, 1/23/2009] Retired admiral John Hutson agrees. “It is a 180 degree turn,” says Hutson. “It restores our status in the world. It enables us to be proud of the way we are prosecuting the war.” Closing the Guantanamo prison camp and banning torture “is the right thing to do morally, diplomatically, militarily and constitutionally,” Hutson adds, “but it also makes us safer.” Senator John Kerry (D-MA) calls the move “a great day for the rule of law.” [Financial Times, 1/22/2009; New York Times, 1/23/2009]

Entity Tags: Peter Hoekstra, Hillary Clinton, John Bellinger, Obama administration, John D. Hutson, John Kerry, Khalid Shaikh Mohammed, National Security Council, Fox News, Washington Post, Bush administration (43), Barack Obama, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

News columnist Ann Woolner writes that with President Obama’s executive orders to close Guantanamo (see January 22, 2009) and stop torture of terror suspects (see January 22, 2009), “I am beginning to recognize my country again.” Referring to the infamous picture of the hooded Abu Ghraib prisoner with electric wires attached to his body (see April 29-30, 2004), “It’s time to lift the hood and let the man under it step off that box.” [Bloomberg, 1/23/2009]

Entity Tags: Ann Woolner

Timeline Tags: Torture of US Captives

White House counsel Greg Craig says that the executive orders given by President Obama in his first days in office, particularly those outlawing torture (see January 22, 2009) and closing Guantanamo (see January 22, 2009) have been in the works for over a year. Craig also notes that Obama has not finished issuing reforms, and has deliberately put off grappling with several of the most thorny legal issues. Craig says that as Obama prepared to issue the orders, he was “very clear in his own mind about what he wanted to accomplish, and what he wanted to leave open for further consultation with experts.”
Process Began before First Presidential Caucus - Craig says that the thinking and discussion behind these orders, and orders which have yet to be issued, began in Iowa in January 2008, before the first presidential caucus. Obama met with former high-ranking military officers who opposed the Bush administration’s legalization of harsh interrogation tactics, including retired four-star generals Dave Maddox and Joseph Hoar. They were sickened at the abuses committed at Abu Ghraib prison, and, as reporter Jane Mayer writes, “disheartened by what they regarded as the illegal and dangerous degradation of military standards.” They had formed what Mayer calls “an unlikely alliance with the legal advocacy group Human Rights First, and had begun lobbying the candidates of both parties to close the loopholes that Bush had opened for torture.” The retired flag officers lectured Obama on the responsibilities of being commander in chief, and warned the candidate that everything he said would be taken as an order by military personnel. As Mayer writes, “Any wiggle room for abusive interrogations, they emphasized, would be construed as permission.” Craig describes the meeting as the beginning of “an education process.”
'Joy' that US is 'Getting Back on Track' - In December 2008, after Obama’s election, the same group of retired flag officers met with Craig and Attorney General-designate Eric Holder. Both Craig and Holder were impressed with arguments made by retired Marine general and conservative Republican Charles Krulak, who argued that ending the Bush administration’s coercive interrogation and detention regime was “right for America and right for the world.” Krulak promised that if the Obama administration would do what he calls “the right thing,” which he acknowledged will not be politically easy, that he would personally “fly cover” for it. Sixteen of those flag officers joined Obama for the signing of the executive order banning torture. After the signing, Obama met with the officers and several administration officials. “It was hugely important to the president to have the input from these military people,” Craig says, “not only because of their proven concern for protecting the American people—they’d dedicated their lives to it—but also because some had their own experience they could speak from.” During that meeting, retired Major General Paul Eaton called torture “the tool of the lazy, the stupid, and the pseudo-tough. It’s also perhaps the greatest recruiting tool that the terrorists have.” Retired Admiral John Hutson said after the meeting that the feeling in the room “was joy, perhaps, that the country was getting back on track.”
Uncertainty at CIA - Some CIA officials are less enthusiastic about Obama’s changes. They insist that their so-called “enhanced interrogation techniques” have provided critical intelligence, and, as Craig says, “They disagree in some respect” with Obama’s position. Many CIA officials wonder if they will be forced to follow the same interrogation rules as the military. Obama has indeed stopped torture, Craig says, but the president “is somewhat sympathetic to the spies’ argument that their mission and circumstances are different.” Craig says that during the campaign, Obama’s legal, intelligence, and national security advisers visited CIA headquarters in Langley for two intensive briefings with current and former intelligence officials. The issue of “enhanced interrogation tactics” was discussed, and the advisers asked the intelligence veterans to perform a cost-benefit analysis of such tactics. Craig says, “There was unanimity among Obama’s expert advisers that to change the practices would not in any material way affect the collection of intelligence.” [New Yorker, 1/25/2009]

Entity Tags: Paul Eaton, Dave Maddox, Charles Krulak, Central Intelligence Agency, Barack Obama, Eric Holder, Greg Craig, Human Rights First, Jane Mayer, Joseph Hoar, John D. Hutson, Obama administration

Timeline Tags: Civil Liberties

Former Attorney General Alberto Gonzales tells an NPR reporter that he never allowed the Justice Department (DOJ) to become politicized, and that he believes the historical judgment of his tenure in the department will be favorable. He acknowledges making some errors, including failing to properly oversee the DOJ’s push to fire nine US attorneys in 2008, a process many believe was orchestrated by the White House with the involvement of Gonzales and then-White House political guru Karl Rove.
Failure to Engage - “No question, I should have been more engaged in that process,” he says, but adds that he is being held accountable for decisions made by his subordinates. “I deeply regret some of the decisions made by my staff,” he says, referring to his former deputy Paul McNulty, who resigned over the controversy after telling a Senate committee that the attorney firings were performance-related and not politically motivated. Gonzales says his then-chief of staff, Kyle Sampson, was primarily responsible for the US attorney review process and for working with McNulty. “If Paul McNulty makes a recommendation to me—if a recommendation includes his views—I would feel quite comfortable that those would be good recommendations coming to me” about the qualifications of the US attorneys under question, Gonzales says. He adds that he has “seen no evidence” that Rove or anyone at the White House tried to use the US attorneys to politicize the work at the DOJ. A review by the DOJ’s Inspector General found that the firing policy was fundamentally flawed, and that Gonzales was disengaged and had failed to properly supervise the review process.
Claims He Was Unfairly Targeted by 'Mean-Spirited' Washington Insiders - Gonzales says he has been unfairly held responsible for many controversial Bush administration policies, including its refusal to abide by the Geneva Conventions (see Late September 2001, January 9, 2002, January 18-25, 2002, January 25, 2002, August 1, 2002, November 11, 2004, and January 17, 2007) and its illegal eavesdropping on US citizens (see Early 2004, March 9, 2004, December 19, 2005, Early 2006, and February 15, 2006), because of his close personal relationship with former President Bush. Washington, he says, is a “difficult town, a mean-spirited town.” He continues: “Sometimes people identify someone to target. That’s what happened to me. I’m not whining. It comes with the job.”
Visiting Ashcroft at the Hospital - In 2004, Gonzales, then the White House counsel, and White House chief of staff Andrew Card raced to the bedside of hospitalized Attorney General John Ashcroft to persuade, or perhaps coerce, Ashcroft to sign off on a secret government surveillance program (see March 10-12, 2004). The intervention was blocked by Deputy Attorney General James Comey (see March 12-Mid-2004). Gonzales says he has no regrets about the incident: “Neither Andy nor I would have gone there to take advantage of somebody who was sick. We were sent there on behalf of the president of the United States.” As for threats by Justice Department officials to resign en masse over the hospital visit (see Late March, 2004), Gonzales merely says, “Lawyers often disagree about important legal issues.”
Warning about Plain Speaking - Gonzales says Obama’s attorney general nominee, Eric Holder, should refrain from making such statements as Holder made last week when he testified that waterboarding is torture. “One needs to be careful in making a blanket pronouncement like that,” Gonzales says, adding that such a statement might affect the “morale and dedication” of intelligence officials and lawyers who are attempting to make cases against terrorism suspects. [National Public Radio, 1/26/2009]

Entity Tags: US Department of Justice, Eric Holder, Bush administration (43), Andrew Card, Alberto R. Gonzales, Geneva Conventions, George W. Bush, James B. Comey Jr., Karl C. Rove, Paul J. McNulty, D. Kyle Sampson

Timeline Tags: Civil Liberties

John Yoo, the former Bush administration legal adviser who authored numerous opinions on the legality of torture, detentions without legal representation, and warrantless wiretapping (see November 6-10, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002, among others), writes an op-ed for the Wall Street Journal opposing the Obama administration’s intent to close the Guantanamo Bay detention facility (see January 20, 2009 and January 22, 2009)) and restrict the CIA’s ability to torture detainees (see January 22, 2009). Yoo, now a law professor and a member of the neoconservative American Enterprise Institute, writes that while President Obama’s decision “will please his base” and ease the objections to the Bush “imperial presidency,” it will “also seriously handicap our intelligence agencies from preventing future terrorist attacks.” Yoo writes that the Obama decisions mark a return “to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001.” Yoo recommends that Obama stay with what he calls “the Bush system” of handling terror suspects. Yoo fails to note that the US law enforcement system prevented, among others, the “millennium bombing” plot (see December 14, 1999), the plot to bomb New York City’s Lincoln and Holland Tunnels (see June 24, 1993), and Operation Bojinka (see January 6, 1995).
Obama Needs to be Able to Torture Prisoners Just as Bush Did, Yoo Declares - And by eschewing torture, Obama is giving up any chance on forcing information from “the most valuable sources of intelligence on al-Qaeda” currently in American custody. The Bush administration policies prevented subsequent terrorist attacks on the US, Yoo contends, and Obama will need the same widespread latitude to interrogate and torture prisoners that Bush employed: “What is needed are the tools to gain vital intelligence, which is why, under President George W. Bush, the CIA could hold and interrogate high-value al-Qaeda leaders. On the advice of his intelligence advisers, the president could have authorized coercive interrogation methods like those used by Israel and Great Britain in their antiterrorism campaigns. (He could even authorize waterboarding, which he did three times in the years after 9/11.)” It is noteworthy that Yoo refused to confirm that Bush ordered waterboarding of suspects during his previous Congressional hearings (see June 26, 2008).
Interrogations Must be 'Polite' - According to Yoo, in forcing the CIA and other US interrogators to follow the procedures outlined in the Army Field Manual, they can no longer use “coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America.… His new order amounts to requiring—on penalty of prosecution—that CIA interrogators be polite. Coercive measures are unwisely banned with no exceptions, regardless of the danger confronting the country.” [Wall Street Journal, 1/29/2009] Yoo is incorrect in this assertion. The Army Field Manual explicitly countenances many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo says it bans. Further, the Field Manual says nothing about requiring interrogators to be “polite.” [Army, 9/2006] And actual field interrogators such as the Army’s Matthew Alexander have repeatedly said that torturing prisoners is ineffective and counterproductive, while building relationships and treating prisoners with dignity during interrogations produces usable, reliable intelligence (see November 30, 2008).
Shutting Down Military Commissions - Obama’s order to stay all military commission trials and to review the case of “enemy combatant” Ali Saleh al-Marri (see June 23, 2003) is also mistaken, Yoo writes. Yoo fears that Obama will shut down the military commissions in their entirety and instead transfer detainees charged with terrorist acts into the US civilian court system. He also objects to Obama’s apparent intent to declare terrorists to be prisoners of war under the Geneva Conventions, instead of following the Bush precedent of classifying terrorists “like pirates, illegal combatants who do not fight on behalf of a nation and refuse to obey the laws of war.” To allow terror suspects to have rights under Geneva and the US legal system, Yoo asserts, will stop any possibility of obtaining information from those suspects. Instead, those suspects will begin using the legal system to their own advantage—refusing to talk, insisting on legal representation and speedy trials instead of cooperating with their interrogators. “Our soldiers and agents in the field will have to run more risks as they must secure physical evidence at the point of capture and maintain a chain of custody that will stand up to the standards of a civilian court,” Yoo writes. [Wall Street Journal, 1/29/2009] In reality, the Supreme Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), as well as the Detainee Treatment Act (see December 15, 2005) and the Military Commissions Act (see October 17, 2006), all mandate that detainees must be handled according to the Geneva Conventions.
Risk to Americans - Another effect of transferring detainees into the civilian justice system, Yoo claims, is to allow “our enemies to obtain intelligence on us.” Defense lawyers will insist on revealing US intelligence—information and methods—in open court, and will no doubt force prosecutors to accept plea bargains “rather than risk disclosure of intelligence secrets.”
Obama 'Open[ed] the Door to Further Terrorist Acts on US Soil' - Obama said in his inaugural speech that the US must “reject as false the choice between our safety and our ideals.” Yoo calls that statement “naive,” and writes, “That high-flying rhetoric means that we must give al-Qaeda—a hardened enemy committed to our destruction—the same rights as garden-variety criminals at the cost of losing critical intelligence about real, future threats.” By making his choices, Yoo writes, “Mr. Obama may have opened the door to further terrorist acts on US soil by shattering some of the nation’s most critical defenses.” [Wall Street Journal, 1/29/2009]

Entity Tags: John C. Yoo, Barack Obama, American Enterprise Institute, Wall Street Journal, Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

Several Republican senators plan to visit the Guantanamo Bay detention facility and report their findings. They are expected to continue their calls for keeping Guantanamo open indefinitely. Senators Jim Inhofe (R-OK), David Vitter (R-LA), Pat Roberts (R-KS), Richard Burr (R-NC), and Mel Martinez (R-FL) decided to make the trip after President Obama issued an executive order mandating that the prison be closed within a year (see January 22, 2009). “I’ve always looked at [the prison] as being a real valuable asset,” says Inhofe. He admits he does not “have a solution to what we’re going to ultimately do” with the prisoners deemed most dangerous. “I’m not addressing that problem,” he says. Inhofe says Obama’s order to close the prison “failed to take into consideration the implications of closing [Guantanamo]—what happens to current detainees, what the military will do with detainees held in other military prisons around the world and what judicial process is going to be used.” Obama has asked for a “comprehensive interagency review” to settle those questions. [Daily Oklahoman, 1/30/2009; Bixby Bulletin, 1/30/2009] Burr says that he is “so far unconvinced that moving trained terrorists to the United States is in the best national security interests of our nation.” And Vitter notes that he is “very disappointed in President Obama’s decision to close the detention facility at Guantanamo.” He continues: “This facility should not be closed, and these individuals should not be released until we can determine the extent of their potential involvement in terrorist activities. And we most certainly should use every available measure to ensure that they do not make their way into the United States if in fact they are released.” [Bixby Bulletin, 1/30/2009]
Worry about Housing Detainees in US Prisons - Like Inhofe, Roberts is concerned that some Guantanamo inmates will be transferred into prisons in his home state. Kansas is the home of Fort Leavenworth, which houses a large Army prison. “I am especially concerned with ridiculous speculation that Ft. Leavenworth is equipped to handle these detainees, some of the most dangerous terrorists in the world,” he says. “I am convinced these terrorists cannot and will not be housed in Kansas.” [KansasCW, 1/30/2009]
Advocating Continued Detentions without Trials - In an interview with Fox News, Vitter goes further than his Senatorial colleagues, saying that he favors continuing to detain some suspects without trials. “We need the ability to deal with these folks adequately,” he says. “To me, that has to include the ability to detain some—without trial—to continue proper interrogation.… I’d like to have Gitmo stay open. But certainly, we need detention facilities where we can detain dangerous terrorists without trial, continue to interrogate them.” [Think Progress, 1/30/2009] Fellow Republican Senator Lindsey Graham (R-SC) has already made the same recommendation (see January 21, 2009).

Entity Tags: Richard Burr, Lindsey Graham, James M. Inhofe, David Vitter, Barack Obama, Mel Martinez, Pat Roberts

Timeline Tags: Torture of US Captives, Civil Liberties

Alberto Mora, the former general counsel for the Navy and a harsh critic of the Bush administration’s torture policies (see January 23-Late January, 2003), says: “I will tell you this: I will tell you that General Anthony [Antonio] Taguba, who investigated Abu Ghraib, feels now that the proximate cause of Abu Ghraib were the OLC memoranda that authorized abusive treatment (see November 6-10, 2001 and August 1, 2002). And I will also tell you that there are general-rank officers who’ve had senior responsibility within the Joint Staff or counterterrorism operations who believe that the number one and number two leading causes of US combat deaths in Iraq have been, number one, Abu Ghraib, number two, Guantanamo, because of the effectiveness of these symbols in helping recruit jihadists into the field and combat against American soldiers.” [Vanity Fair, 2/2009]

Entity Tags: Alberto Mora, Bush administration (43), Antonio M. Taguba

Timeline Tags: Torture of US Captives

Attorney General-nominee Eric Holder says that if he is confirmed, he intends to review current litigation in which the Bush administration asserted the so-called “state secrets” privilege (see March 9, 1953), and that he intends to minimize the use of the privilege during his tenure. “I will review significant pending cases in which DOJ [the Justice Department] has invoked the state secrets privilege, and will work with leaders in other agencies and professionals at the Department of Justice to ensure that the United States invokes the state secrets privilege only in legally appropriate situations,” he writes in a response to pre-confirmation questions. (Shortly after Holder’s testimony, the Justice Department again asserts the “state secrets” privilege in a case involving a Guantanamo detainee—see February 9, 2009). Holder adds: “I firmly believe that transparency is a key to good government. Openness allows the public to have faith that its government obeys the law.” To a related question, he asserts his belief that the Office of Legal Counsel (OLC) must disclose as many of the opinions it generates as possible: “Once the new assistant attorney general in charge of the Office of Legal Counsel is confirmed, I plan to instruct that official to review the OLC’s policies relating to publication of its opinions with the [objective] of making its opinions available to the maximum extent consistent with sound practice and competing concerns.” [Federation of American Scientists, 2/2/2009; Senate Judiciary Committee, 2/2/2009] Weeks later, the Justice Department will release nine controversial OLC memos from the Bush administration (see March 2, 2009).

Entity Tags: Eric Holder, Bush administration (43), Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

George W. Bush’s former political guru Karl Rove echoes incorrect statements made by former Bush lawyer John Yoo. In an op-ed, Yoo claimed that President Obama’s prohibition against torture, and the mandate for US interrogators to use the Army Field Manual as their guide, prevents interrogators from using long-established, non-invasive techniques to question prisoners (see January 29, 2009). In an address at Loyola Marymount University, Rove tells his listeners: “The Army Field Manual prohibits ‘good cop, bad cop.’ All that stuff you see on CSI—the Army Field Manual prohibits it.… If you stop collecting that information, you begin to make America more at risk.” [Torrance Daily Breeze, 2/3/2009] Both Rove and Yoo are wrong. The Army Field Manual explicitly permits many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo and Rove claim it bans. [Army, 9/2006]

Entity Tags: Karl C. Rove

Timeline Tags: Torture of US Captives, Civil Liberties

Former Vice President Dick Cheney says that because of the Obama administration’s new policies, there is what he calls a “high probability” that terrorists will attempt a catastrophic nuclear or biological attack in coming years. “If it hadn’t been for what we did—with respect to the terrorist surveillance program (see After September 11, 2001 and December 15, 2005), or enhanced interrogation techniques for high-value detainees (see September 16, 2001 and November 14, 2001, among others), the Patriot Act (see October 26, 2001), and so forth—then we would have been attacked again,” says Cheney. “Those policies we put in place, in my opinion, were absolutely crucial to getting us through the last seven-plus years without a major-casualty attack on the US.” The situation has changed, he says. “When we get people who are more concerned about reading the rights to an al-Qaeda terrorist (see January 22, 2009) than they are with protecting the United States against people who are absolutely committed to do anything they can to kill Americans, then I worry,” he says. Protecting the country’s security is “a tough, mean, dirty, nasty business,” he continues. “These are evil people. And we’re not going to win this fight by turning the other cheek.” He calls the Guantanamo detention camp, which President Obama has ordered shut down (see January 22, 2009), a “first-class program” and a “necessary facility” that is operated legally and provides inmates better living conditions than they would get in jails in their home countries. But the Obama administration is worried more about its “campaign rhetoric” than it is protecting the nation: “The United States needs to be not so much loved as it needs to be respected. Sometimes, that requires us to take actions that generate controversy. I’m not at all sure that that’s what the Obama administration believes.” Cheney says “the ultimate threat to the country” is “a 9/11-type event where the terrorists are armed with something much more dangerous than an airline ticket and a box cutter—a nuclear weapon or a biological agent of some kind” that is deployed in the middle of an American city. “That’s the one that would involve the deaths of perhaps hundreds of thousands of people, and the one you have to spend a hell of a lot of time guarding against. I think there’s a high probability of such an attempt. Whether or not they can pull it off depends whether or not we keep in place policies that have allowed us to defeat all further attempts, since 9/11, to launch mass-casualty attacks against the United States.” [Politico, 2/4/2009] Cheney has warned of similarly dire consequences to potential Democratic political victories before, before the 2004 presidential elections (see September 7, 2004) and again before the 2006 midterm elections (see October 31, 2006).

Entity Tags: Barack Obama, Al-Qaeda, Obama administration, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, 2010 Elections

Upon his return from a brief tour of the Guantanamo detention facility (see January 30, 2009), Senator James Inhofe (R-OK) delivers a speech on the floor of the Senate recommending that the facility remain open, despite President Obama’s decision to close it (see January 22, 2009). Inhofe says, “The military detention facilities at GTMO meet the highest international standards and are a fundamental part of protecting the lives of Americans from terrorism.” He says “[t]he detainees are being treated humanely,” there are “two lawyers for every detainee that has been charged or had charges preferred against them,” and there is one health care professional for every two detainees, ensuring that they receive the highest level of medical care (see April-May 2002, August 8, 2002-January 15, 2003, and March 10-April 15, 2007). Guantanamo “is the only complex in the world that can safely and humanely hold these individuals who pose such a grave security risk to the US,” Inhofe insists. “It is a secure location away from population centers, provides the maximum security required to prevent escape, provides multiple levels of confinement opportunities based on the compliance of the detainee, and provides medical care not available to a majority of the population of the world.” He goes on: “Furthermore, GTMO is the single greatest repository of human intelligence in the war on terror. This intelligence has prevented terrorist attacks and saved lives in the past and continues to do so today (see Summer 2000 and November 30, 2008). New intelligence is continually being collected from detainees at GTMO and is being used to fight terrorists in Iraq, Afghanistan and around the globe.” Since the US “will continue to capture, hold and detain enemy combatants,” he says, “we require a location to safely detain and care for these detainees.” [US Senate, 2/5/2009] Fellow Republican Senator Richard Burr (R-NC), who joined Inhofe on the tour, agrees, saying that the Guantanamo facility is “well thought out and in keeping with our nation’s highest ideals.” Burr adds that it is the US guards, not the prisoners, who are being mistreated: “If anyone receives mistreatment at Guantanamo, it is the guard force. They must endure frequent verbal and physical attacks from detainees while maintaining the highest standard of care for those same individuals.” [US Senate, 2/2/2009] Neither Inhofe nor Burr address the hunger strike among Guantanamo detainees, nor the allegations that prisoners are being force-fed and beaten (see February 8, 2009). Satyam Khanna of the left-leaning website Think Progress notes: “It is unclear how Inhofe and his conservative colleagues failed to see 50 detainees on hunger strike, some near death, while touring the prison. Conveniently, none of the senators alerted the public to these facts upon their return.” [Think Progress, 2/9/2009]

Entity Tags: Richard Burr, Barack Obama, James M. Inhofe, Satyam Khanna

Timeline Tags: Torture of US Captives, Civil Liberties

Binyam Mohamed.Binyam Mohamed. [Source: Independent]A lawyer for a Guantanamo detainee demands the release of her client because he is near death. Lieutenant Colonel Yvonne Bradley is in London to ask that her client, British resident Binyam Mohamed (see May-September, 2001), who is still in Guantanamo even though all charges against him have been dropped (see October-December 2008), be released. Through Bradley, Mohamed claims that he has been repeatedly tortured at the behest of US intelligence officials (see April 10-May, 2002, May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). Bradley says that Mohamed is dying in his cell. Mohamed and some twenty other detainees are so unhealthy that they are on what Bradley calls a “critical list.”
Hunger Strike, Beatings - Fifty Guantanamo detainees, including Mohamed, are on a hunger strike, and are being strapped to chairs and force-fed; those who resist, witnesses say, are beaten. Mohamed has suffered drastic weight loss, and has told his lawyer that he is “very scared” of being attacked by guards after witnessing what The Guardian describes as “a savage beating for a detainee who refused to be strapped down and have a feeding tube forced into his mouth.” Bradley is horrified at Mohamed’s description of the state of affairs in the prison. She says: “At least 50 people are on hunger strike, with 20 on the critical list, according to Binyam. The JTF [the Joint Task Force running Guantanamo] are not commenting because they do not want the public to know what is going on. Binyam has witnessed people being forcibly extracted from their cell. SWAT teams in police gear come in and take the person out; if they resist, they are force-fed and then beaten. Binyam has seen this and has not witnessed this before. Guantanamo Bay is in the grip of a mass hunger strike and the numbers are growing; things are worsening. It is so bad that there are not enough chairs to strap them down and force-feed them for a two- or three-hour period to digest food through a feeding tube. Because there are not enough chairs the guards are having to force-feed them in shifts. After Binyam saw a nearby inmate being beaten it scared him and he decided he was not going to resist. He thought, ‘I don’t want to be beat, injured or killed.’ Given his health situation, one good blow could be fatal.… Binyam is continuing to lose weight and he is going to get worse. He has been told he is about to be released, but psychologically and physically he is declining.”
Demanding Documents to Prove Torture, Rendition - Bradley is also demanding documents that she says will prove her client was tortured, and may also prove British complicity in Mohamed’s treatment (see February 24, 2009). An American court in San Francisco is also slated to hear evidence that Mohamed was subjected to “extraordinary rendition” by the CIA, where Mohamed and other prisoners were sent to other countries that tortured them. That lawsuit was originally dismissed when the Bush administration asserted “state secrets privilege” (see March 9, 1953), but lawyers for Mohamed refiled the case hoping that the Obama administration would be less secretive.
US Intelligence Wants Mohamed Dead? - The Guardian also notes that “some sections of the US intelligence community would prefer Binyam did die inside Guantanamo.” The reason? “Silenced forever, only the sparse language of his diary would be left to recount his torture claims and interviewees with an MI5 officer, known only as Witness B. Such a scenario would also deny Mohamed the chance to personally sue the US, and possibly British authorities, over his treatment.” [Guardian, 2/8/2009]

Entity Tags: Yvonne Bradley, Binyam Mohamed, Bush administration (43), Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

A Justice Department official says that the Obama administration will continue to assert the so-called “state secrets privilege” (see March 9, 1953) in a lawsuit filed by Guantanamo detainee Binyam Mohamed (see February 8, 2009). In the case Mohamed et al v Jeppesen Dataplan, Inc, Mohamed and four former detainees are suing a Boeing subsidiary, Jeppesen Dataplan, for cooperating with the CIA in subjecting them to “extraordinary rendition,” flying them to foreign countries and secret overseas CIA prisons where, they say, they were tortured. The case was thrown out a year ago, but the American Civil Liberties Union (ACLU) has appealed it. According to a source inside the Ninth US District Court, a Justice Department lawyer tells the presiding judge that its position has not changed, that the new administration stands behind arguments that the previous administration made, with no ambiguity at all. The lawyer says the entire subject matter remains a state secret. According to Justice Department spokesman Matt Miller, “It is the policy of this administration to invoke the state secrets privilege only when necessary and in the most appropriate cases, consistent with the United States Supreme Court’s decision in Reynolds that the privilege not ‘be lightly invoked.’” Miller adds that Attorney General Eric Holder is conducting a review of all state secret privilege matters. “The Attorney General has directed that senior Justice Department officials review all assertions of the State Secrets privilege to ensure that the privilege is being invoked only in legally appropriate situations,” Miller says. “It is vital that we protect information that, if released, could jeopardize national security. The Justice Department will ensure the privilege is not invoked to hide from the American people information about their government’s actions that they have a right to know. This administration will be transparent and open, consistent with our national security obligations.” The ACLU’s Anthony Romero says that the Obama administration is doing little besides offering “more of the same.” He continues: “Eric Holder’s Justice Department stood up in court today and said that it would continue the Bush policy of invoking state secrets to hide the reprehensible history of torture, rendition, and the most grievous human rights violations committed by the American government. This is not change. This is definitely more of the same. Candidate Obama ran on a platform that would reform the abuse of state secrets, but President Obama’s Justice Department has disappointingly reneged on that important civil liberties issue. If this is a harbinger of things to come, it will be a long and arduous road to give us back an America we can be proud of again.” ACLU attorney Ben Wizner, who argued the case for Mohamed and the other plaintiffs, adds: “We are shocked and deeply disappointed that the Justice Department has chosen to continue the Bush administration’s practice of dodging judicial scrutiny of extraordinary rendition and torture. This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course. Now we must hope that the court will assert its independence by rejecting the government’s false claims of state secrets and allowing the victims of torture and rendition their day in court.” [ABC News, 2/9/2009]

Entity Tags: Binyam Mohamed, Anthony D. Romero, American Civil Liberties Union, Ben Wizner, US Department of Justice, Obama administration, Eric Holder, Central Intelligence Agency, Matthew Miller, Jeppesen Dataplan

Timeline Tags: Civil Liberties

A newly released government threat analysis shows that slain trust-fund millionaire James G. Cummings, an American Nazi sympathizer from Maine who was killed by his wife Amber in December 2008, possessed the radioactive components necessary to build a so-called “dirty bomb.” Cummings, infuriated by the election of Barack Obama to the presidency, purchased depleted uranium over the Internet from an American company.
FBI Confiscates Radioactive Materials - The Bangor Daily News reports, “According to an FBI field intelligence report from the Washington Regional Threat and Analysis Center posted online by WikiLeaks, an organization that posts leaked documents, an investigation into the case revealed that radioactive materials were removed from Cummings’s home after his shooting death on December 9.” According to the Washington Regional Threat and Analysis Center: “Amber [Cummings] indicated James was very upset with Barack Obama being elected president. She indicated James had been in contact with ‘white supremacist group(s).’ Amber also indicated James mixed chemicals in the kitchen sink at their residence and had mentioned ‘dirty bombs.’” An FBI search of the Cummings home found four jars of depleted uranium-238 labeled “uranium metal” and the name of an unidentified US corporation, another jar labeled “thorium” and containing that material, and a second, unlabeled jar which also contained thorium-232. Other materials found in Cummings’s home were consistent with the manufacture of an explosive device, which if detonated could have spread radioactive debris throughout a relatively large local area. The FBI also found information on how to build “dirty bombs,” and information about cesium-137, strontium-90, cobalt-60, and other radioactive materials. FBI evidence shows Cummings had numerous ties to a variety of right-wing white supremacist groups. Cummings also owned a collection of Nazi memorabilia which, according to local tradesmen, he proudly displayed throughout his home. Police reports show that Cummings has a long history of violence. Amber Cummings contends she is innocent of her husband’s murder by reason of insanity, and claims she suffered years of mental, physical, and sexual abuse at his hands. The Department of Homeland Security has refused to comment on the incident. [Bangor Daily News, 2/10/2009; Raw Story, 3/9/2009] Local law enforcement officials downplay the threat Cummings posed, and the national media virtually ignores the story. [Time, 9/30/2010]
Later Information Shows Depth of Threat Posed by Cummings - Additional information gleaned by Time reporter Barton Gellman from Cummings’s notes and records later shows that the threat posed by Cummings was even more serious than initially reported. Cummings had applied to join the National Socialist Party (the American Nazi organization), and had detailed plans on how to assassinate President-elect Obama. Gellman will call Cummings “a viciously angry and resourceful man who had procured most of the supplies for a crude radiological dispersal device and made some progress in sketching a workable design.” Gellman says that in his attempt to construct a nuclear weapon, Cummings “was far ahead of Jose Padilla, the accused al-Qaeda dirty-bomb plotter (see June 10, 2002), and more advanced in his efforts than any previously known domestic threat involving a dirty bomb.” The materials were later confirmed to be the radioactive materials they were labeled as being; Amber Cummings will say that her husband bought them under the pretense of conducting legal research for a university. Although the materials Cummings had would not, themselves, succeed in unleashing large amounts of radiation over a large area, he was actively searching for three ingredients that would serve such a purpose: cobalt-60, cesium-137, and strontium-90. He had succeeded in manufacturing large amounts of TATP, an explosive favored by Islamist suicide bombers and brought on board an aircraft by “shoe bomber” Richard Reid (see December 22, 2001). “His intentions were to construct a dirty bomb and take it to Washington to kill President Obama,” Amber Cummings says. “He was planning to hide it in the undercarriage of our motor home.” She says her husband had practiced crossing checkpoints with dangerous materials aboard, taking her and their daughter along for an image of innocence. Maine state police detective Michael McFadden, who participated in the investigation throughout, says he came to believe that James Cummings posed “a legitimate threat” of a major terrorist attack. “When you’re cooking thorium and uranium under your kitchen sink, when you have a couple million dollars sitting in the bank and you’re hell-bent on doing something, I think at that point you become someone we want to sit up and pay attention to,” he says. “If she didn’t do what she did, maybe we would know Mr. Cummings a lot better than we do right now.” [Time, 9/30/2010]

Entity Tags: Washington Regional Threat and Analysis Center, US Department of Homeland Security, Michael McFadden, Jose Padilla, Amber Cummings, Federal Bureau of Investigation, James G. Cummings, Richard C. Reid, WikiLeaks

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

The American Civil Liberties Union (ACLU) releases previously classified documents that contain excerpts from a government report on harsh interrogation tactics used by US personnel against detainees in Iraq, Afghanistan, and Guantanamo Bay. The excerpts document repeated instances of abusive behavior, sometimes resulting in the deaths of prisoners. The documents, obtained under the Freedom of Information Act (FOIA), contain a report by Vice Admiral Albert Church, who compiled a comprehensive report on the Defense Department’s interrogation operations. Church terms the interrogations at Bagram Air Force Base in Afghanistan as “clearly abusive, and clearly not in keeping with any approved interrogation policy or guidance.” Only two pages from the Church report were released without redactions.
Deaths at Bagram - A portion of the document reports on the deaths of two prisoners at Bagram (see December 5-9, 2002 and November 30-December 3, 2002), who were, the document states, “handcuffed to fixed objects above their heads in order to keep them awake.” The report continues: “Additionally, interrogations in both incidents involved the use of physical violence, including kicking, beating, and the use of ‘compliance blows,’ which involved striking the [prisoners] legs with the [interrogators] knees. In both cases, blunt force trauma to the legs was implicated in the deaths. In one case, a pulmonary embolism developed as a consequence of the blunt force trauma, and in the other case pre-existing coronary artery disease was complicated by the blunt force trauma.” Both detainees died from pulmonary embolisms caused by, the ACLU writes, “standing chained in place, sleep deprivation, and dozens of beatings by guards and possibly interrogators.”
Deaths at Other Facilities - The documents also report on torture conducted at Guantanamo and several US-Afghan prisons in Kabul; the death of prisoner Dilar Dababa in Iraq in 2003 at the hands of US forces; the torture and beating of an Iraqi prisoner at “The Disco,” a detention facility located in the Special Operations Force Compound at Mosul Airfield in Iraq; an investigation into torture and abuse at Abu Ghraib prison near Baghdad; and the murder of prisoner Abed Mowhoush.
Process Flowed Through Undersecretary Cambone - Columnist Scott Horton writes: “A large portion of the torture, maiming, and murder of detainees occurred under authority issued under secret rules of engagement in the Pentagon. Much of this flowed through Undersecretary of Defense for Intelligence Stephen Cambone, a figure who has so far evaded scrutiny in the torture scandal.… Even the Senate Armed Services Committee review fails to get to the bottom of Dr. Cambone, his interrogations ROEs for special operations units he controlled, and the death, disfigurement, and torture of prisoners they handled. This is one of many reasons why a comprehensive investigation with subpoena power is urgently needed. But full airing of the internal investigations already conducted by the Department of Defense is an essential next step.” [Raw Story, 2/12/2009; American Civil Liberties Union, 2/12/2009]

Entity Tags: Senate Armed Services Committee, American Civil Liberties Union, Albert T. Church III, Bush administration (43), Dilar Dababa, Stephen A. Cambone, US Department of Defense

Timeline Tags: Torture of US Captives

Secretary of State Hillary Clinton says she is not sure whether North Korea actually has a secret program to enrich uranium, as the Bush administration had long claimed. She adds that she intends to persuade Pyongyang to give up the weapons-grade plutonium it does possess. “There is a debate within the intelligence community as to exactly the extent of the highly-enriched-uranium program,” she says. “My goal is the denuclearization of North Korea,” she continues. “That means a verifiably complete accounting of whatever programs they have and the removal of the reprocessed plutonium that they were able to achieve because they were given the opportunity to do so.… When they move forward” on ending the program, “we have a great openness to working with them, [and] a willingness to help the people of North Korea.”
Broadening Focus Beyond Uranium Possession - The claim of the uranium program led to the Bush administration’s rejection of the 1994 agreement that kept the North Korean nuclear weapons program in check (see October 21, 1994), she says: “The Agreed Framework was torn up on the basis of the concerns about the highly-enriched-uranium program. There is no debate that, once the Agreed Framework was torn up, the North Koreans began to reprocess plutonium with a vengeance because all bets were off. The result is they now have nuclear weapons, which they did not have before.” When the Bush administration withdrew from the Agreed Framework (see October 20, 2002), Clinton says, North Korea restarted its plutonium-based reactor at Yongbyon and now has enough material for at least a half-dozen nuclear weapons. A 2006 nuclear test by the North Koreans prompted Bush officials to reopen negotiations and eventually craft a new agreement remarkably similar to the Agreed Framework (see February 8, 2007 and After). Most Asian nations are expected to welcome Clinton’s new position on the uranium issue, as they thought the Bush administration had put too much emphasis on North Korea’s uranium possession. [Washington Post, 2/15/2009] Clinton also warns North Korea not to test-fire a long-range ballistic missile (see February 15, 2009).
'Old Wine in a New Bottle' - The senior editorial writer for South Korea’s Hankyoreh newspaper, Jungsoo Jang, calls the Clinton proposal little more than “old wine in a new bottle,” writing: “Of course, the side by side denuclearization and normalization plan elucidated by Clinton clearly does represent a considerable change from the Bush administration, which focused on a schematic view of denuclearization first, normalization second. But Clinton’s solution does have limitations, in that normalization of North Korea-US relations cannot be pursued as long as prior issues such as total abolition of nuclear weapons and suspicions about enriched uranium are not neatly resolved.” Jang says that a conflict between a more conservative camp and a more progressive camp in the Obama State Department is currently being won by the conservatives, who favor an emphasis on US-Japanese relations and a more direct, confrontational approach to dealing with North Korea’s nuclear program. [Hankyoreh, 2/16/2009]

Entity Tags: Obama administration, Hillary Clinton, Bush administration (43), US Department of State, Jungsoo Jang

Timeline Tags: US International Relations

Jonathan Hafetz of the American Civil Liberties Union calls the case of alleged al-Qaeda detainee Ali Saleh Kahlah al-Marri (see June 23, 2003) a key test of “the most far-reaching use of detention powers” ever asserted by the executive branch. Al-Marri has spent five years incarcerated in the Charleston Naval Brig without being charged with a crime. “If President Obama is serious about restoring the rule of law in America, they can’t defend what’s been done to Marri. They would be completely buying into the Bush administration’s war on terror,” he says. Hafetz, who is scheduled to represent al-Marri before the Supreme Court in April, compares the Bush administration’s decision to leave al-Marri in isolation to his client’s being stranded on a desert island. “It’s a Robinson Crusoe-like situation,” he adds. Hafetz says that among the issues to be decided is “the question of who is a soldier, and who is a civilian.” He continues: “Is the fight against terrorism war, or is it not war? How far does the battlefield extend? In the past, they treated Peoria as a battlefield. Can an American be arrested in his own home and jailed indefinitely, on the say-so of the president?” Hafetz wants the Court to declare indefinite detention by executive fiat illegal. He also hopes President Obama will withdraw al-Marri’s designation as an enemy combatant and reclassify him as a civilian; such a move would allow al-Marri to either be charged with crimes and prosecuted, or released entirely. Civil liberties and other groups on both sides of the political divide have combined to file 18 amicus briefs with the Court, all on al-Marri’s behalf. The al-Marri decision will almost certainly impact the legal principles governing the disposal of the approximately 240 detainees still being held at Guantanamo.
Opinion of Former Bush Administration Officials - Former Bush State Department counsel John Bellinger says of his counterparts in the Obama administration: “They will have to either put up or shut up. Do they maintain the Bush administration position, and keep holding [al-]Marri as an enemy combatant? They have to come up with a legal theory.” He says that Obama officials will find it more difficult to put their ideals into action: “Governing is different from campaigning,” he notes, and adds that Obama officials will soon learn that “they can’t just set the clocks back eight years, and try every terror suspect captured abroad in the federal courts.” Former Attorney General John Ashcroft calls keeping al-Marri and other “enemy combatants” locked away without charges or trials a “sound decision” to “maximize the national interest,” and says that in the end, Obama’s approach will be much like Bush’s. “How will he be different?” he asks. “The main difference is going to be that he spells his name ‘O-b-a-m-a,’ not ‘B-u-s-h.’”
Current Administration's Opinion - Obama spokesman Larry Craig sums up the issue: “One way we’ve looked at this is that we own the solution. We don’t own the problem—it was created by the previous administration. But we’ll be held accountable for how we handle this.” [New Yorker, 2/23/2009]

Entity Tags: John Ashcroft, Barack Obama, American Civil Liberties Union, Ali Saleh Kahlah al-Marri, Bush administration (43), US Supreme Court, Obama administration, Jonathan Hafetz, Larry Craig, John Bellinger

Timeline Tags: Civil Liberties

Former 9/11 Commission executive director Philip Zelikow (see Shortly Before January 27, 2003), a former adviser to then-Secretary of State Condoleezza Rice (see February 28, 2005), calls for the US to launch a military strike against North Korea in order to remove that nation’s nuclear weapons capability. Zelikow dismisses Secretary of State Hillary Clinton’s reservations about North Korea’s nuclear program (see February 15, 2009) and writes, “To accept the combination of nuclear weapons and IRBMs or ICBMs in the hands of North Korea is a gamble, betting on deterrence of one of the least well understood governments on earth, in a country now undergoing high levels of internal stress.” Zelikow refers directly to the 2006 call from two former Defense Department officials, Ashton Carter and William Perry, for a military strike against North Korea’s nuclear weapons program (see June 22, 2006), and writes that at the time he believed the call for military action was “premature.” Now, however, “political predicate for the Carter-Perry recommendations has been well laid.” Zelikow recommends that the Obama administration issue the requisite warnings to dismantle the nuclear weapons, and if North Korea refuses to heed the warnings, the US should destroy them. [Foreign Policy, 2/17/2009; Foreign Policy, 10/22/2010]

Entity Tags: Hillary Clinton, Ashton Carter, Philip Zelikow, William Perry, Obama administration

Timeline Tags: US International Relations

In the case of Kiyemba v Obama the Court of Appeals for the District of Columbia Circuit unanimously blocks a judge’s order to free 17 Chinese Uighurs (see September 17, 2006 and June 30, 2008) from detention in Guantanamo. [New York Times, 2/18/2009; Constitution Project, 2/18/2009]
Not a Threat to the US - The Uighurs, members of a small Muslim ethnic and religious minority, have been in detention for seven years after being captured in Pakistan; they insist they were receiving training to resist Chinese oppression, and never harbored any ill will towards the US or had any intention of participating in attacks on US or US-allied targets. Judge Ricardo Urbina concurred in an October ruling. Even Bush officials had decided not to try to prove the 17 men were “enemy combatants”; instead, they said that they would continue imprisoning them because they had “trained for armed insurrection against their home country” in a Uighur camp in Afghanistan. The Obama administration can choose to release the Uighurs if it can find a country—the US or another nation—to accept the detainees for resettlement. Obama officials do not want to turn the Uighurs over to Chinese authorities for fear that they will be imprisoned and tortured.
Two Rulings, One on Release, One on Habeas Corpus - All three appellate judges agree to overturn Urbina’s order to release the Uighurs, but split 2-1 on a separate question: whether detainees such as the Uighurs have habeas corpus rights to challenge their detention. Two, Judges Arthur Randolph and Karen Henderson, say that the law, as decided by the Supreme Court in the June 2008 Boumediene v Bush case (see June 22, 2008), does not give judges the right to release detainees into the US. “Never in the history of habeas corpus,” the majority opinion finds, “has any court thought it had the power to order an alien held overseas brought into the sovereign territory of a nation and released into the general population.” Judge Judith Rogers dissents, writing that the ruling “ignores the very purpose” of the writ of habeas corpus, which is, she writes, to serve as “a check on arbitrary executive power.” If the court has no legal right to release the Uighurs into the US, Rogers writes, the Boumediene ruling has no meaning. A lawyer for the Uighurs, Susan Baker Manning, says the ruling means innocent people “can spend the rest of their lives in prison even though the US knows it’s a mistake.” [New York Times, 2/18/2009]
Civil Rights Organization 'Disappointed' in Ruling, Calls for Release - Sharon Bradford Franklin of the Constitution Project, a civil rights organization, writes: “We are disappointed by today’s DC Circuit ruling that denies freedom to the 17 men whom the government admits are not ‘enemy combatants’ and yet continues to hold at Guantanamo for a seventh year. President Obama should exercise his power to release the Uighurs into the US. The appellate court’s ruling that the trial court lacked the power to compel the executive branch to release the Uighurs into the United States in no way limits the ability of the executive branch to release the Uighurs on its own. We therefore call on President Obama to choose the right course and evaluate the terms under which the Uighurs may be released into the United States. The writ of habeas corpus is a fundamental constitutional right. For habeas corpus to have meaning, it must permit a court to end wrongful detentions. We regret that today’s decision failed to recognize the court’s ability to check arbitrary detention, such as that suffered by the Uighurs.” [Constitution Project, 2/18/2009]

Entity Tags: Sharon Bradford Franklin, Susan Baker Manning, US Supreme Court, Judith Rogers, Constitution Project, Barack Obama, Arthur Randolph, Karen Henderson, Obama administration

Timeline Tags: Civil Liberties

Fox News talk show host Glenn Beck has a special segment called “War Games” during the week’s broadcasts. In today’s show, he is joined by former CIA analyst Michael Scheuer (see February 1996) and retired Army Sergeant Major, Tim Strong. The three discuss what they say is the upcoming “civil war” in America, which, they assert, will be led by “citizen militias” made up of principled, ideologically correct conservatives. Beck says that he “believes we’re on this road.” The three decide among themselves that the US military would refuse to obey President Obama’s orders to subdue the insurrection and would instead join with “the people” in “defending the Constitution” against the government. [Salon, 2/22/2009] Conservative commentator Michelle Malkin’s blog “Hot Air” features an entry that calls Beck’s rhetoric “implausible” and “nutty.” [Hot Air, 2/22/2009]

Entity Tags: Michael Scheuer, Michelle Malkin, Tim Strong, Fox News, Glenn Beck

Timeline Tags: Domestic Propaganda, US Domestic Terrorism, 2010 Elections

Retired Major General Anthony Taguba, who headed an intensive military investigation into the abuses at Abu Ghraib prison (see March 9, 2004), is one of the most prominent supporters of the call to investigate the Bush administration’s interrogation, detention, and torture policies. Taguba joins 18 human rights organizations, former State Department officials, former law enforcement officers, and former military leaders in asking President Obama to create a non-partisan commission to investigate those abuses. Even though prosecuting former Bush officials might be difficult, Taguba says, a commission would provide some measure of accountability for the practices Taguba calls “misguided,” “illegal,” “despicable and questionable.” Taguba wants the commission to study the Bush administration’s claims that torture provides good intelligence, which he disputes. He particularly wants the commission to investigate administration officials’ claims that the administration’s policies were legal. Taguba says he supports “a structured commission with some form of authority with clear objectives and a follow-on action plan. I’m not looking for anything that is prosecutorial in nature, unless a suspected violation of relevant laws occurred, which should be referred to the Department of Justice.… In my opinion, our military prosecuted those who were involved in torture or unlawful interrogation. And I think our military has come to terms with that. We are an institution that prides itself on taking corrective action immediately, admitting to it, and holding ourselves accountable. And we have done that. But I am not so sure that our civilian authorities in government have done that for themselves.” Speaking about the Bush Justice Department’s findings that torture and indefinite detentions are legal (see Late September 2001, November 11-13, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002), Taguba says: “This notion that a lot of constitutional legal experts—lawyers with great intellect, well educated—came up with such despicable and questionable legal findings that were contrary to the definition of defending the Constitution? And then they framed this as if the executive branch had the authority to extend beyond the constitution to establish a policy of torture and illegal detention?… Some of those that were tortured were innocent. How do we come to terms with those that were cruelly mistreated and were innocent, never charged, were illegally detained, and never compensated for their suffering? This is not a political issue, but a moral and ethical dilemma which has far-reaching implications.” [Salon, 2/21/2009]

Entity Tags: Antonio M. Taguba

Timeline Tags: Torture of US Captives

Mohamed returning to London.Mohamed returning to London. [Source: Lewis Whyld / Associated Press]Binyam Mohamed (see May-September, 2001, February 8, 2009, and February 9, 2009) is released from Guantanamo, and returns to Great Britain. He is flown to Britain on a private chartered Gulfstream jet similar to those used by the CIA in “extraordinary renditions.” His sister, Zuhra Mohamed, meets him at the RAF Northolt airbase in west London, and tells reporters: “I am so glad and so happy, more than words can express. I am so thankful for everything that was done for Binyam to make this day come true.” His lawyers claim that he has suffered severe physical and psychological abuse, some of which was inflicted in recent days. He suffers from what his lawyers call a huge range of injuries. Doctors have found Mohamed suffering from extensive bruising, organ damage, stomach complaints, malnutrition, sores to feet and hands, and severe damage to ligaments. His weight has dropped from around 170 pounds to 125 pounds. His lawyers say he suffers from serious emotional and psychological problems, which have been exacerbated by the refusal of Guantanamo officials to provide him with counseling. Mohamed’s British lawyer, Clive Stafford Smith, says his client had been beaten “dozens” of times, with the most recent abuse occurring in the last few weeks (see September 2004 and After). “He has a list of physical ailments that cover two sheets of A4 paper,” says Stafford Smith. “What Binyam has been through should have been left behind in the middle ages.” Mohamed’s American military lawyer, Lieutenant Colonel Yvonne Bradley, adds: “He has been severely beaten. Sometimes I don’t like to think about it because my country is behind all this.” Britain’s former Attorney General, Lord Goldsmith, an advocate for the closure of Guantanamo, says that allegations of abuse against Mohamed, a British resident, should be raised by Foreign Secretary David Miliband with his American counterpart, Secretary of State Hillary Clinton. “If there are credible accounts of mistreatment then they need to be pursued,” Goldsmith says.
Care Provided upon Return - Upon his return to Britain, Mohamed will receive physical care and emotional counseling in a secure, secret location by a team of volunteer doctors and psychiatrists. He will be kept under a “voluntary security arrangement,” where he must report regularly to authorities, but will not be subject to charges or anti-terror control orders. The US dropped all charges against Mohamed last year, including allegations that he had participated in a “dirty bomb” plot. [Guardian, 2/22/2009; Guardian, 2/24/2009]
MI5 to Be Investigated? - At least one MI5 officer may face a criminal investigation over his alleged complicity in torturing Mohamed (see February 24, 2009). And Mohamed’s future testimony is expected to shed light upon MI5’s own participation in his interrogation and alleged torture; Mohamed may sue the British government and MI5, Britain’s counter-intelligence and security service, over its alleged complicity in his detention, abduction, treatment, and interrogation. If filed, Mohamed’s lawsuit could force US and British authorities to disclose vital evidence regarding Mohamed’s allegations of torture. [Guardian, 2/22/2009]

Entity Tags: Binyam Mohamed, Central Intelligence Agency, Clive Stafford Smith, David Miliband, Zuhra Mohamed, UK Security Service (MI5), Peter Henry Goldsmith, Yvonne Bradley

Timeline Tags: Torture of US Captives

Former Guantanamo detainee Binyam Mohamed (see May-September, 2001), a British citizen who suffered extensive abuse during his detention (see July 21, 2002 -- January 2004 and February 8, 2009) and is just now released (see February 22-24, 2009), says in a written statement that British officials from MI5 played an integral part in his abduction and torture at the hands of the CIA and Moroccan officials. Senior MPs say they intend to investigate his claims. Just after his arrival in London, Mohamed tells reporters: “For myself, the very worst moment came when I realized in Morocco that the people who were torturing me were receiving questions and materials from British intelligence.… I had met with British intelligence in Pakistan. I had been open with them. Yet the very people who I had hoped would come to my rescue, I later realized, had allied themselves with my abusers.” Days later, the Daily Mail will obtain documents from Mohamed’s American court proceedings that show MI5 agents twice gave CIA agents lists of questions they wanted to have asked, as well as dossiers of photographs. [Guardian, 2/24/2009; Daily Mail, 3/8/2009]
Gives Primary Blame to CIA - Mohamed places the bulk of the blame on his rendition and torture on the CIA, and says, “It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways—all orchestrated by the United States government.” [Scotsman, 2/24/2009]
'They Sold Me Out' - Mohamed will later say that he reached his “lowest ebb” when he realized British agents were involved in his interrogation and torture. “They started bringing British files to the interrogations,” he will recall, “not one, but several of them, thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people who were torturing me, I felt completely naked.… They sold me out.” The documents indicate that MI5 did not know where Mohamed was being held, but that its agents knew he was in a third nation’s custody through the auspices of the CIA. MI5 agents met with their CIA counterparts in September 2002, well after Mohamed’s rendition to Morocco, to discuss the case. [Daily Mail, 3/8/2009]
False Confession - He suffered tortures in Pakistan (see April 10-May, 2002), Morocco, and Afghanistan (see January-September 2004), including being mutilated with scalpels, a mock execution, sleep deprivation for days, being fed contaminated food, and being beaten for hours while hanging by his wrists from shackles in the ceiling. He says that the closest he came to losing his mind entirely was when, in US custody in Afghanistan, he was locked in a cell and forced to listen to a CD of rap music played at ear-shattering volume 24 hours a day for a month. It was these tortures that drove him to confess to being part of a plot to build a radioactive “dirty bomb” (see November 4, 2005), a confession he now says was untrue and given merely to avoid further torment. He also confessed to meeting Osama bin Laden and getting a passport from 9/11 plotter Khalid Shaikh Mohammed: “None of it was true.” [Daily Mail, 3/8/2009]
'Zero Doubt' of British Complicity - His lawyer, Clive Stafford Smith, says Mohamed is being cared for under the auspices of his legal team, and is “incredibly skinny and very emaciated.” Stafford Smith says he has “zero doubt” Britain was complicit in his client’s ill-treatment. “Britain knew he was being abused and left him,” he says. Stafford Smith also says Mohamed was subjected to “very serious abuse” in Guantanamo. Mike Gapes, the chairman of the House of Commons Foreign Affairs Committee, says he intends to question Foreign Secretary David Miliband and Foreign Office Minister Lord Malloch Brown over “outstanding issues,” which include “rendition, what happened to people in Guantanamo Bay, and black sites,” a reference to prisons in Afghanistan and elsewhere. Two British judges say they are suppressing “powerful evidence” of Mohamed’s torture at the insistence of Miliband and US authorities (see February 4, 2009). [Guardian, 2/24/2009] Miliband says Mohamed’s release was effected due to “intensive negotiations with the US government,” in which he played a key part. Edward Davey of the Liberal Democrats has little use for Miliband’s claims, saying, “It is telling that David Miliband is unable to give a straightforward yes or no as to whether British agents and officials have been complicit in torture,” and adds that “Mohamed’s case may just be the tip of the iceberg.” [Scotsman, 2/24/2009]
Evidence that MI5 Lied - The new revelations about MI5’s involvement contradict the testimony of MI5 officials, who in 2007 told Parliament’s Intelligence and Security Committee that the agency had no idea that Mohamed had been subjected to “extraordinary rendition” to Morocco or anywhere else. The Daily Mail will note, “The revelations will put Foreign Secretary David Miliband under even greater pressure to come clean about British involvement in the rendition and alleged torture of Muslim terror suspects.” [Daily Mail, 3/8/2009]

Entity Tags: Malloch Brown, Mike Gapes, Central Intelligence Agency, Binyam Mohamed, UK Security Service (MI5), Clive Stafford Smith, David Miliband, Edward Davey

Timeline Tags: Torture of US Captives

Attorney General Eric Holder confirms the Obama administration’s plans to close the Guantanamo Bay detention facility (see November 16, 2008 and January 22, 2009), but calls it a well-run, professional institution. Closing Guantanamo “will not be an easy process,” Holder says after visiting the site. “It’s one we will do in a way that ensures that people are treated fairly and that the American people are kept safe.” Holder leads the administration’s effort to close the facility within a year. Most of that time will be spent reviewing the case files and histories of the 245 inmates currently incarcerated there: “It’s going to take us a good portion of that time to look at all of the files that we have to examine, until we get our hands around what Guantanamo is, and also what Guantanamo was,” he says. Senator James Inhofe (R-OK), an outspoken advocate of keeping Guantanamo open (see February 5, 2009), says he is encouraged by Holder’s remarks. “I believe as more time goes by there is a chance the administration will grow to realize that we need Gitmo and must keep it open,” he says. “More time will allow facts to replace political rhetoric.” Inhofe is promoting legislation that will bar any Guantanamo detainees from coming to the US. [Associated Press, 2/25/2009]

Entity Tags: Eric Holder, James M. Inhofe, Obama administration

Timeline Tags: Torture of US Captives

Federal prosecutors charge Ali Saleh Kahlah al-Marri, the only “enemy combatant” held on US soil (see June 23, 2003), with criminal terrorism charges. Al-Marri is charged with two counts of providing material support to al-Qaeda and conspiring with others to provide material support to al-Qaeda, according to a press release from the Justice Department. He faces a maximum jail sentence of 30 years. US Attorney Rodger Heaton says: “The indictment alleges that Ali al-Marri provided material support to al-Qaeda, which has committed horrific terrorist acts against our nation. As a result, he will now face the US criminal justice system, where his guilt or innocence will be determined by a jury in open court.” Such a decision takes al-Marri out of the military commissions system and places him in the US criminal judicial system. The American Civil Liberties Union (ACLU) is representing al-Marri’s Supreme Court challenge to the “enemy combatant” designation, but criminal charges will not necessarily resolve that issue. Part of the discussion of whether to charge al-Marri centered on the evidence against him: al-Marri’s lawyers claim that much of the evidence against their client was obtained through harsh interrogation techniques and torture, which would render that evidence inadmissible in a US court. Some of the evidence may also be too sensitive to reveal in open court, having been gathered through classified intelligence operations. Lead counsel Jonathan Hafetz says: “[T]he decision to charge al-Marri is an important step in restoring the rule of law and is what should have happened seven years ago when he was first arrested (see February 8, 2002). But it is vital that the Supreme Court case go forward because it must be made clear once and for all that indefinite military detention of persons arrested in the US is illegal and that this will never happen again.” Amnesty International’s Geneve Mantri calls the decision to charge al-Marri “another crucial step in the right direction,” and adds: “If there are individuals who pose a real threat to the United States, the best, most effective means of dealing with them is the current system of justice. There are a number of outstanding questions about how the detainee cases will be reviewed and what the approach of the new administration will be, but Amnesty International welcomes this as an indication that they have faith in the US justice system and rule of law.” [US Department of Justice, 2/27/2009; Washington Post, 2/27/2009; American Civil Liberties Union, 2/27/2009] The ACLU wants the Supreme Court to ignore the criminal charges and rule on al-Marri’s petition for habeas corpus rights; the Justice Department says that the criminal charges render al-Marri’s lawsuit moot. [Lyle Denniston, 2/26/2007]

Entity Tags: US Department of Justice, Amnesty International, American Civil Liberties Union, Ali Saleh Kahlah al-Marri, Geneve Mantri, US Supreme Court, Jonathan Hafetz, Rodger A. Heaton

Timeline Tags: Torture of US Captives

In a letter to Judge Alvin Hellerstein regarding the American Civil Liberties Union (ACLU)‘s lawsuit against the US Defense Department, the Justice Department informs Hellerstein that the CIA destroyed 92 videotapes of prisoner interrogations. The CIA’s previous admissions of the number of destroyed videotapes were far smaller (see November 2005). [Re: ACLU et al v. Department of Defense et al, 3/2/2009 pdf file] The CIA confirms that the tapes showed what it calls “enhanced interrogation techniques” used on a number of detainees. The Justice Department adds that it will provide a list of summaries, transcripts, and memoranda related to the destroyed tapes, though the American Civil Liberties Union notes that a previous list was almost entirely redacted. [TPM Muckraker, 3/6/2009; American Civil Liberties Union, 3/6/2009] The disclosure comes as part of a criminal inquiry into the tapes’ destruction. As the investigation comes to a close, observers expect that no charges will be filed against any CIA employees. The agency’s Directorate of Operations chief, Jose Rodriguez, ordered the recordings destroyed in November 2005 (see November 2005); former CIA Director Michael Hayden argued that the tapes posed “a serious security risk” because they contained the identities of CIA participants in al-Qaeda interrogations. Rodriguez has not yet been questioned. It is believed that the tapes show, among other interrogation sessions, the waterboarding of two detainees, Abu Zubaida (see Mid-May 2002 and After) and Abd al-Rahim al-Nashiri (see (November 2002)). Civil libertarians and human rights advocates are outraged at the destruction of the tapes. “The sheer number of tapes at issue demonstrates that this destruction was not an accident,” says Amrit Singh, a staff lawyer with the American Civil Liberties Union (ACLU). “It’s about time the CIA was held accountable for its flagrant violation of the law,” she adds. CIA spokesman George Little says the destruction of the tapes was not an attempt to break the law or evade accountability. “If anyone thinks it’s agency policy to impede the enforcement of American law, they simply don’t know the facts,” Little says. Senator Dianne Feinstein (D-CA), who chairs the Senate Intelligence Committee, confirms that her panel intends to conduct a broader investigation of the CIA’s interrogation program. [Washington Post, 3/3/2009]

Entity Tags: Michael Hayden, Jose Rodriguez, Jr., US Department of Justice, Senate Intelligence Committee, Central Intelligence Agency, Amrit Singh, American Civil Liberties Union, George Little, US Department of Defense, Alvin K. Hellerstein, Dianne Feinstein

Timeline Tags: Torture of US Captives

Columnist and international law expert Scott Horton writes of his horror and shock at the nine just-released Bush administration memos from the Justice Department designed to grant President Bush extraordinary executive authority (see March 2, 2009).
'Disappearing Ink' - Horton writes: “Perhaps the most astonishing of these memos was one crafted by University of California at Berkeley law professor John Yoo. He concluded that in wartime, the president was freed from the constraints of the Bill of Rights with respect to anything he chose to label as […] counterterrorism operations inside the United States” (see October 23, 2001, and October 23, 2001). Horton continues: “John Yoo’s Constitution is unlike any other I have ever seen. It seems to consist of one clause: appointing the president as commander in chief. The rest of the Constitution was apparently printed in disappearing ink.”
Timing of Repudiation Proves Bush Officials Found Claims Useful - Horton has no patience with the claims of former Office of Legal Counsel chief Steven Bradbury that the extraordinary powers Yoo attempted to grant Bush were not used very often (see January 15, 2009). “I don’t believe that for a second,” Horton notes, and notes Bradbury’s timing in repudiating the Yoo memos: five days before Bush left office. “Bradbury’s decision to wait to the very end before repealing it suggests that someone in the Bush hierarchy was keen on having it,” Horton asserts.
Serving Multiple Purposes - The memos “clear[ly]” served numerous different purposes, Horton notes. They authorized, or provided legal justification for, the massive domestic surveillance programs launched by military agencies such as the Defense Intelligence Agency and the National Security Agency (see September 25, 2001). But the memos went much farther, Horton says: “[T]he language of the memos suggest that much more was afoot, including the deployment of military units and military police powers on American soil. These memos suggest that John Yoo found a way to treat the Posse Comitatus Act as suspended.” They also gave Bush the apparent legal grounds to order the torture of people held at secret overseas sites (see March 13, 2002), and to hold accused terrorist Jose Padilla without charge or due process, even though the administration had no evidence whatsoever of the crimes he had been alleged to commit (see June 8, 2002).
American Dictatorship - Horton’s conclusion is stark. “We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship,” he writes. “The constitutional rights we learned about in high school civics were suspended. That was thanks to secret memos crafted deep inside the Justice Department that effectively trashed the Constitution. What we know now is likely the least of it.” [Harper's, 3/3/2009]

Entity Tags: National Security Agency, US Department of Justice, Office of Legal Counsel (DOJ), Scott Horton, Steven Bradbury, George W. Bush, Jose Padilla, Bush administration (43), Defense Intelligence Agency, John C. Yoo

Timeline Tags: Civil Liberties

Karen Greenberg, the executive director of the Center on Law and Security at the New York University School of Law, asks when the Obama administration intends on closing down the detention facility at Bagram Air Force Base (see October 2001). The facility has been the site of repeated torture and brutalization of prisoners (see January 2002, March 15, 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, December 26, 2002, Beginning 2003, February 2003, Spring 2003, October 2004, and May 20, 2005). Greenberg calls it a “far grimmer and more important American detention facility” than Guantanamo.
Little Information on Prisoners - Greenberg is unable to elicit specific information about how many prisoners are currently incarcerated at Bagram, who they are, where they are from, how they are classified—prisoners of war, enemy combatants, “ghost” detainees—how they are being treated, what human rights organizations have access to them, or what, if any, legal proceedings they have been put through. “It turns out that we can say very little with precision or confidence about that prison facility or even the exact number of prisoners there,” she writes. “News sources had often reported approximately 500-600 prisoners in custody at Bagram, but an accurate count is not available. A federal judge recently asked for ‘the number of detainees held at Bagram Air Base; the number of Bagram detainees who were captured outside Afghanistan; and the number of Bagram detainees who are Afghan citizens,’ but the information the Obama administration offered the court in response remains classified and redacted from the public record. We don’t even know the exact size of the prison or much about the conditions there, although they have been described as more spartan and far cruder than Guantanamo’s in its worst days. The International Committee of the Red Cross has visited the prison, but it remains unclear whether they were able to inspect all of it. A confidential Red Cross report from 2008 supposedly highlighted overcrowding, the use of extreme isolation as a punishment technique, and various violations of the Geneva Convention.”
Plans to Expand Facility - Greenberg says that the government is planning a large expansion of the Bagram facility, which is envisioned as holding up to 1,100 prisoners. She recommends:
bullet The administration stop being secretive about Bagram and release complete information on the prisoners being held there, or at the very least admit why some information cannot be released. “Otherwise, the suspicion will always arise that such withheld information might be part of a cover-up of government incompetence or illegality.”
bullet The reclassification of all detainees as “prisoners of war” who are protected under the Geneva Conventions. “Currently, they are classified as enemy combatants, as are the prisoners at Guantanamo, and so, in the perverse universe of the Bush administration, free from any of the constraints of international law. The idea that the conventions are too ‘rigid’ for our moment and need to be put aside for this new extra-legal category has always been false and pernicious, primarily paving the way for the use of ‘enhanced interrogation techniques.’”
bullet The rejection of the idea of “ghost prisoners” at Bagram or anywhere else. “The International Committee of the Red Cross must be granted access to all of the prisons or prison areas at Bagram, while conditions of detention there should be brought into accordance with humane treatment and standards.”
bullet The re-establishment of a presumption of innocence. “The belief that there is a categorical difference between guilt and innocence, which went by the wayside in the last seven years, must be restored. All too often, the military brass still assumes that if you were rounded up by US forces, you are, by definition, guilty. It’s time to change this attitude and return to legal standards of guilt.”
Greenberg concludes: “In the Bush years, we taught the world a series of harmful lessons: Americans can be as cruel as others. Americans can turn their backs on law and reciprocity among nations as efficiently as any tribally organized dictatorship. Americans, relying on fear and the human impulse toward vengeance, can dehumanize other human beings with a fervor equal to that of others on this planet. It’s time for a change. It’s time, in fact, to face the first and last legacy of Bush detention era, our prison at Bagram Air Base, and deal with it.” [TomDispatch (.com), 3/5/2009]

Entity Tags: Bush administration (43), Geneva Conventions, Obama administration, Karen Greenberg

Timeline Tags: Torture of US Captives

In response to a Freedom of Information Act lawsuit by the American Civil Liberties Union (ACLU), the CIA turns over unredacted pages of a classified internal agency report that concluded the techniques used on two prisoners “appeared to constitute cruel, inhumane, and degrading treatment, as defined by the International Convention Against Torture” (see October 21, 1994). The CIA also turns over evidence showing that videotapes of the two prisoners being tortured were destroyed (see March 6, 2009). The pages are from a 2004 report compiled by then-CIA Inspector General John Helgerson. The document reads in part: “In January 2003, OIG [Office of Inspector General] initiated a special review of the CIA terrorist detention and interrogation program. This review was intended to evaluate CIA detention and interrogation activities, and was not initiated in response to an allegation of wrongdoing. During the course of the special review, OIG was notified of the existence of videotapes of the interrogations of detainees. OIG arranged with the NCS [National Clandestine Service, the covert arm of the CIA] to review the videotapes at the overseas location where they were stored. OIG reviewed the videotapes at an overseas covert NCS facility in May 2003. After reviewing the videotapes, OIG did not take custody of the videotapes and they remained in the custody of NCS. Nor did OIG make or retain a copy of the videotapes for its files. At the conclusion of the special review in May 2004, OIG notified [the Justice Department] and other relevant oversight authorities of the review’s findings.” The report has never been made public, but information concerning it was revealed by the New York Times in 2005 (see May 7, 2004). [Public Record, 3/6/2009]

Entity Tags: American Civil Liberties Union, National Clandestine Service, John Helgerson, Central Intelligence Agency

Timeline Tags: Torture of US Captives

President Barack Obama orders a review of former President Bush’s signing statements. Bush often used signing statements to instruct administration officials how to implement, or to ignore, Congressional legislation and other laws (see Early 2005, January 13, 2006, and September 2007). Obama has sent memos to numerous federal agencies directing them to review Bush’s signing statements. White House press secretary Robert Gibbs says that other presidents have used signing statements to note potential problems and conflicts, and says Obama will continue that practice. But, Gibbs says, Obama will not use signing statements to disregard Congress’s intent in its legislation. [Associated Press, 3/9/2009]

Entity Tags: Barack Obama, Robert Gibbs, George W. Bush

Timeline Tags: Civil Liberties

Reporter Seymour Hersh speaking at a 2007 forum on the media in Doha, Qatar.Reporter Seymour Hersh speaking at a 2007 forum on the media in Doha, Qatar. [Source: Reuters / Fadi Al-Assaad / MinnPost (.com)]In a wide-ranging seminar with former Democratic Vice President Walter Mondale and investigative journalist Seymour Hersh at the University of Minnesota, Hersh claims that he has evidence that the US operated what he calls an “executive assassination wing” during the Bush administration, perhaps controlled by the office of then Vice President Dick Cheney. [MinnPost (.com), 3/11/2009] (Hersh will later say he used the word “wing,” but it was widely misreported as “ring” in the media.) [CNN, 3/30/2009] Hersh says he will explain his charges more fully in an upcoming book. When asked about recent instances of a president exceeding his constitutional authority, Hersh gives a response that moves from CIA activities, through the Joint Special Operations Command, to the alleged “assassination wing”: “After 9/11, I haven’t written about this yet, but the Central Intelligence Agency was very deeply involved in domestic activities against people they thought to be enemies of the state. Without any legal authority for it. They haven’t been called on it yet. Right now, today, there was a story in the New York Times that if you read it carefully mentioned something known as the Joint Special Operations Command—JSOC it’s called. It is a special wing of our special operations community that is set up independently. They do not report to anybody, except in the Bush-Cheney days, they reported directly to the Cheney office. They did not report to the chairman of the Joint Chiefs of Staff or to Mr. [Robert] Gates, the secretary of defense. They reported directly to him.… Congress has no oversight of it. It’s an executive assassination wing essentially, and it’s been going on and on and on. Just today in the Times there was a story that its leaders, a three star admiral named [William H.] McRaven, ordered a stop to it because there were so many collateral deaths. Under President Bush’s authority, they’ve been going into countries, not talking to the ambassador or the CIA station chief, and finding people on a list and executing them and leaving. That’s been going on, in the name of all of us. It’s complicated because the guys doing it are not murderers, and yet they are committing what we would normally call murder. It’s a very complicated issue. Because they are young men that went into the Special Forces. The Delta Forces you’ve heard about. Navy Seal teams. Highly specialized. In many cases, they were the best and the brightest. Really, no exaggerations. Really fine guys that went in to do the kind of necessary jobs that they think you need to do to protect America. And then they find themselves torturing people. I’ve had people say to me—five years ago, I had one say: ‘What do you call it when you interrogate somebody and you leave them bleeding and they don’t get any medical committee and two days later he dies. Is that murder? What happens if I get before a committee?’ But they’re not gonna get before a committee.” Mondale says of Cheney and his office that “they ran a government within a government.” Hersh adds, “Eight or nine neoconservatives took over our country.” Mondale notes that the precedents of abuse of vice presidential power by Cheney would remain “like a loaded pistol that you leave on the dining room table.” [MinnPost (.com), 3/11/2009] CIA spokesman George Little responds to Hersh’s allegation by writing: “I saw your story on Seymour Hersh’s recent allegations regarding CIA activities since 9/11. If you wish, you can attribute the quoted portion that follows to me, in name, as a CIA spokesman: ‘This is utter nonsense.’” [MinnPost (.com), 3/12/2009]

Entity Tags: Seymour Hersh, William H. McRaven, Joint Special Operations Command, George W. Bush, George Little, Central Intelligence Agency, Walter Mondale, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Former Nixon White House counsel John Dean says that the allegation of an “executive assassination wing,” as recently made by investigative reporter Seymour Hersh (see March 10, 2009), could well be a war crime if it is true. Both Dean and MSNBC host Keith Olbermann note that if true, Cheney’s actions could well violate a 1976 executive order that states in part, “No employee of the United States government shall engage in or conspire to engage in political assassination.” Dean says: “[F]ighting terrorism is not dealing with tiddlywinks. We want our government to deal with the most effective tools they have. But they also have to be legal. The executive order, really, is nothing more than direction to the executive branch and the presidency is the only one who you can even argue might have the authority to engage in assassinations. It’s an unresolved question. So, it’s potentially a war crime, it’s potentially just outright murder, and it could clearly be in violation of the Ford executive order.” In the same broadcast, author and political analyst Howard Fineman says of Hersh’s report: “In checking around in the intelligence community today, I can say this, you know, Seymour Hersh is somebody they respect. They don’t always trust. But they put it this way, as one of them said to me, ‘Look, I don’t know anything about this specifically at all, but I wouldn’t dismiss what Sy Hersh is saying without checking carefully.’ That’s their backhanded way of saying it’s worth looking into, for sure.” [MSNBC, 3/12/2009]

Entity Tags: Seymour Hersh, Howard Fineman, John Dean, Keith Olbermann, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Former Vice President Dick Cheney says that the Obama administration’s policies endanger America, and defends his administration’s actions, including warrantless wiretapping, torture of suspected terrorists, and its economic policies. Using torture against suspected terrorists and wiretapping Americans without court orders were both “absolutely essential” to get information needed to prevent terrorist attacks similar to that of 9/11, Cheney tells a CNN audience, though he does not use the word “torture.” But Obama’s new policies are putting America at risk, he says: “President Obama campaigned against it all across the country, and now he is making some choices that, in my mind, will, in fact, raise the risk to the American people of another attack.”
'Pre-9/11 Mindset' - Cheney says to return to a pre-9/11 mindset of treating terrorism as a law enforcement issue, rather than a military problem, is a mistake: “When you go back to the law enforcement mode, which I sense is what they’re doing, closing Guantanamo (see January 22, 2009) and so forth… they are very much giving up that center of attention and focus that’s required, that concept of military threat that is essential if you’re going to successfully defend the nation against further attacks.” Representative Joe Sestak (D-PA), appearing after Cheney, counters Cheney’s arguments, saying that the Bush/Cheney policies undercut “what is actually the source of America’s greatness—our principles.” Sestak asks, “How can we say that keeping a man in a black hole forever—perpetually in a black hole—and saying, ‘Let’s torture when we decide to,’ is what America stands for?” Sestak is a retired admiral who led the Navy’s anti-terrorism efforts.
Iraq a Success - As for Iraq, Cheney says that while his administration had to spend more money than it had anticipated, and although over 4,200 US soldiers have lost their lives fighting in that country, the invasion and occupation of Iraq is an almost-unvarnished success. The US has “accomplished nearly everything we set out to do” in Iraq, including establishing a democratic government in the Middle East, Cheney says. Cheney answers questions about the threat of supposed Iraqi weapons of mass destruction by saying, “We’ve eliminated that possibility.” Sestak disagrees, saying the problems the Bush/Cheney policies in Iraq created have overshadowed the “whole fabric” of US national security: “The cost of this war is something that I strongly believe has far, far hurt us. We’re going to recover, because we’re Americans. But Iraq was just one piece of our security, and this administration failed to realize that.”
Opposition to Hill as Iraqi Ambassador - Cheney says he does not support the Obama administration’s choice of Christopher Hill as the ambassador to Iraq (see March 18, 2009). Hill successfully concluded negotiations with North Korea during the last years of the Bush administration, but Cheney repudiates his accomplishments. “I did not support the work that Chris Hill did with respect to North Korea,” he says, and adds that Hill lacks the Middle East experience necessary for him to represent the US in Baghdad. “I think it’s a choice that I wouldn’t have made,” he says. [CNN, 3/15/2009]

Entity Tags: Joe Sestak, Richard (“Dick”) Cheney, Bush administration (43), Obama administration, Christopher Hill

Timeline Tags: Domestic Propaganda, 2010 Elections

Martha MacCallum.Martha MacCallum. [Source: The Activity Pit]Fox News anchor Martha MacCallum, host of Fox’s “straight news” show The Live Desk, airs clips of Vice President Joseph Biden taken during a September 2008 campaign event to falsely imply that Biden is contradicting the Obama administration’s current stance on the economy. MacCallum tells viewers that “after weeks of economic doom and gloom, the Obama administration is now singing a slightly different tune. Take a look at what was said in recent interviews this weekend.” Fox then airs a clip of Biden telling an audience, “The fundamentals of the economy are strong.” The clip is not from an interview held over the weekend, but from a campaign event held seven months before. MacCallum does not inform her viewers of the timing of the clip, nor does she note that Biden was criticizing Republican presidential candidate John McCain’s economic views, which he characterized as unrealistically rosy. Instead, she goes on to claim that the administration has fundamentally, and dishonestly, shifted its views on the economy from a positive campaign outlook to a more “doom and gloom” viewpoint. In the September 2008 campaign rally, Biden told a Michigan audience: “I believe that’s why John McCain could say with a straight face, as recently as this morning—and this is a quote, ‘The fundamentals of the economy are strong.’ That’s what John says. He says that ‘we’ve made great progress economically’ in the Bush years.… I could walk from here to Lansing, and I wouldn’t run into a single person who thought our economy was doing well, unless I ran into John McCain.” Alongside the Biden clip, Fox also airs footage of Austan Goolsbee, a member of the White House Council of Economic Advisers. On March 15, Goolsbee told a Fox News Sunday audience that “the core strength of the economy is middle-class workers.” Fox airs that clip immediately after the Biden clip. What it does not air is Goolsbee’s statement just after the broadcast statement, in which he said, “Over the last eight years, before this president came into office, we saw an unbelievable squeeze on the middle class like nothing we have seen in decades.” MacCallum uses the clips to accuse the Obama administration of “singing… a bit of a different tune” now than during the campaign. [Media Matters, 3/16/2009] The next day, MacCallum apologizes for asserting the seven-month-old clip was recent. She tells viewers that Fox News “inadvertently used a piece of video of Vice President Biden saying that, quote, the fundamentals of the economy are strong. This video was from the campaign trail, when the vice president was a candidate, and was actually quoting Senator John McCain. When we get something wrong, we admit it. We did so yesterday, and for that, we apologize” (see October 13, 2009). [Media Matters, 3/17/2009]

Entity Tags: Austan Goolsbee, Fox News, John McCain, Martha MacCallum, Council of Economic Advisers, Obama administration, Joseph Biden

Timeline Tags: Domestic Propaganda

Lawrence Wilkerson, who served as former Secretary of State Colin Powell’s chief of staff and now chairs the New America Foundation/US-Cuba 21st Century Policy Initiative, writes an op-ed titled “Some Truths about Guantanamo Bay” for the Washington Note. Wilkerson explains why he believes so many people were captured and so many of those were tortured, for so little gain, and in the process covers several other issues regarding the Bush administration.
Handling of Terror Suspects - Wilkerson writes that the entire process of capturing, detaining, and processing suspected Islamist militants was marked by incompetence and a casual, improvisational approach. Most of the “suspects” captured during the first weeks and months of the Afghanistan invasion (see October 7, 2001) were merely picked up in sweeps, or bought from corrupt regional warlords, and transported wholesale to a variety of US bases and military camps, and then sent to Guantanamo, mostly in response to then-Defense Secretary Rumsfeld’s exhortation to “just get the b_stards to the interrogators.” Wilkerson blames the civilian leadership, for failing to provide the necessary information and guidance to make sensible, informed decisions about who should and should not have been considered either terror suspects or potential sources of information. When detainees were found not to have had any ties to Islamist radical groups, nor had any real intelligence value, they were kept at Guantanamo instead of being released. Wilkerson writes that “to have admitted this reality would have been a black mark on their leadership from virtually day one of the so-called Global War on Terror and these leaders already had black marks enough.… They were not about to admit to their further errors at Guantanamo Bay. Better to claim that everyone there was a hardcore terrorist, was of enduring intelligence value, and would return to jihad if released.” He writes that State Department attempts to rectify the situation “from almost day one” experienced almost no success.
Data Mining Called for Large Numbers of Detainees - Wilkerson notes what he calls “ad hoc intelligence philosophy that was developed to justify keeping many of these people,” a data mining concept called in the White House “the mosaic philosophy.” He explains: “Simply stated, this philosophy held that it did not matter if a detainee were innocent. Indeed, because he lived in Afghanistan and was captured on or near the battle area, he must know something of importance (this general philosophy, in an even cruder form, prevailed in Iraq as well, helping to produce the nightmare at Abu Ghraib). All that was necessary was to extract everything possible from him and others like him, assemble it all in a computer program, and then look for cross-connections and serendipitous incidentals—in short, to have sufficient information about a village, a region, or a group of individuals, that dots could be connected and terrorists or their plots could be identified. Thus, as many people as possible had to be kept in detention for as long as possible to allow this philosophy of intelligence gathering to work. The detainees’ innocence was inconsequential. After all, they were ignorant peasants for the most part and mostly Muslim to boot.” Unfortunately for this data mining effort, the gathering, cataloging, and maintenance of such information was carried out with what he calls “sheer incompetence,” rendering the information structure virtually useless either for intelligence or in prosecuting terror suspects.
No Information of Value Gained from Guantanamo Detainees - And, Wilkerson adds, he is not aware of any information gathered from Guantanamo detainees that made any real contribution to the US’s efforts to combat terrorism: “This is perhaps the most astounding truth of all, carefully masked by men such as Donald Rumsfeld and Richard Cheney in their loud rhetoric—continuing even now in the case of Cheney—about future attacks thwarted, resurgent terrorists, the indisputable need for torture and harsh interrogation, and for secret prisons and places such as Gitmo.”
Hindrance to Prosecution - This incompetence in gathering and storing information had a powerful impact on the ability of the US to prosecute the two dozen or so detainees who actually might be what Wilkerson calls “hardcore terrorists.” For these and the other detainees, he writes, “there was virtually no chain of custody, no disciplined handling of evidence, and no attention to the details that almost any court system would demand” (see January 20, 2009).
Shutting Down Guantanamo - Wilkerson writes that the Guantanamo detention facility could be shut down much sooner than President Obama’s promised year (see January 22, 2009), and notes he believes a plan for shutting down the facility must have existed “[a]s early as 2004 and certainly in 2005.”
War on Terror Almost Entirely Political - Wilkerson charges that the Bush administration’s driving rationale behind the “never-ending war on terror” was political: “For political purposes, they knew it certainly had no end within their allotted four to eight years,” he writes in an op-ed about the US’s detention policies. “Moreover, its not having an end, properly exploited, would help ensure their eight rather than four years in office.”
Cheney's Criticisms of Obama 'Twisted ... Fear-Mongering' - Wilkerson excoriates former Vice President Dick Cheney for his recent statements regarding President Obama and the “war on terror” (see February 4, 2009). Instead of helping the US in its fight against al-Qaeda and Islamic terrorism, Wilkerson writes, Cheney is making that fight all the more difficult (see February 5, 2009). “Al-Qaeda has been hurt, badly, largely by our military actions in Afghanistan and our careful and devastating moves to stymie its financial support networks. But al-Qaeda will be back. Iraq, Gitmo, Abu Ghraib, heavily-biased US support for Israel, and a host of other strategic errors have insured al-Qaeda’s resilience, staying power, and motivation. How we deal with the future attacks of this organization and its cohorts could well seal our fate, for good or bad. Osama bin Laden and his brain trust, Ayman al-Zawahiri, are counting on us to produce the bad. With people such as Cheney assisting them, they are far more likely to succeed.” [Washington Note, 3/17/2009]

Entity Tags: Colin Powell, Barack Obama, Bush administration (43), Richard (“Dick”) Cheney, US Department of Defense, Lawrence Wilkerson, Obama administration, US Department of State

Timeline Tags: Torture of US Captives

Many top US military commanders in the Middle East are distressed at Senate Republicans’ efforts to block Christopher Hill’s attempt to become the next US ambassador to Iraq. Hill, who was largely successful in crafting a nuclear non-proliferation agreement with North Korea (see Spring and Summer 2005 and February 8, 2007 and After), is being blocked by the efforts of Senators John McCain (R-AZ), Sam Brownback (R-KS), and Lindsey Graham (R-SC).
Republican Opprobrium - Brownback calls Hill’s past dealings with Congress over North Korea “evasive and unprofessional”; McCain and Graham have said that Hill has a “controversial legacy” on North Korea, and added: “The next ambassador should have experience in the Middle East and in working closely with the US military in counterinsurgency or counterterrorism operations. Mr. Hill has neither.”
Military Wants Hill Confirmed - But CENTCOM commander General David Petraeus, top Iraq commander General Raymond Odierno, and Defense Secretary Robert Gates want Hill in the slot as soon as possible. Odierno says he has served as de facto ambassador since the previous ambassador, Ryan Crocker, left the position on February 13. Pentagon spokesman Geoff Morrell says: “Generals Odierno and Petraeus have come out very publicly and very forcefully in support of Ambassador Hill’s nomination. I know they support it. They know him from previous assignments, they like him, they believe he is well suited to the job, and are anxiously awaiting his confirmation because they do need help, frankly.… Everybody involved with Iraq wants to find a way to replicate that arrangement,” referring to the effective interaction between Generals Odierno and Petraeus and former Ambassador Crocker. “So that you have an even yoke that on the civilian/diplomatic side and on the military side which share the burden and are working together to get the job done. It’s what’s in the best interest of the Iraqi people and the American people. With regards to [Senate] members who have issue with him, I would say this. We appreciate their steadfast support of the Iraq mission. But you can’t be bullish in support of that mission and not send an ambassador in a timely fashion.”
Difficult, Myriad Tasks in New Position - Hill faces a difficult job: political stabilization and economic development have taken precedence over military missions in Iraq; tensions between Arabs and Kurds are heightening; sectarian groups are struggling for political dominance; and national elections are approaching. A Washington official says that keeping a lid on such political tensions is “crucial to consolidating the security gains from the surge, yet the advocates of the surge want to slow down the process of getting an ambassador to Iraq.” Retired General William Nash, who commanded US troops in Bosnia, says: “I would not at all be surprised if military commanders in Iraq are frustrated that they don’t have a new ambassador in position. The issues are far more political and economic than they are military and US efforts need to move forward on those fronts. That’s particularly critical in the execution of the withdrawal plan.”
Political Retribution? - Asked why McCain, Brownback, and Graham are blocking Hill’s appointment, Nash says the three are “being difficult to be difficult. I have known Chris Hill for 14 years. He is a wonderful diplomat and exactly the kind of guy we need in Iraq.” Crocker has spoken out in favor of Hill, as has Richard Lugar (R-IN), the ranking Republican on the Senate Foreign Relations Committee. So have former Director of National Intelligence John Negroponte and former US ambassador to the UN, Zalmay Khalilzad, who join in writing a letter that reads in part: “We need his experience during this crucial time in Iraq. His previous experiences will serve him greatly when addressing extreme challenges in Iraq.” A Democratic Senate staffer says, “This is all about retribution.” Conservatives blame Hill for nudging Bush’s second term North Korea policy towards multi-party talks, and thusly, “[t]hey want to give Hill a black eye.” Noting that these same Republican senators have argued that Iraq is a central element in America’s national security, the staffer asks, “Why are they d_cking around and not putting an ambassador in there if Iraq is so important?” [Foreign Policy, 3/18/2009]

Entity Tags: Raymond Odierno, John McCain, Geoff Morrell, David Petraeus, Lindsey Graham, Zalmay M. Khalilzad, US Central Command, Robert M. Gates, Ryan C. Crocker, William Nash, Samuel Brownback, John Negroponte, Richard Lugar

Timeline Tags: Iraq under US Occupation

President Obama disagrees with recent statements from former Vice President Dick Cheney that his administration’s policies are endangering America (see February 4, 2009 and March 15, 2009). “I fundamentally disagree with Dick Cheney—not surprisingly,” Obama tells CBS reporter Steve Kroft. “I think that Vice President Cheney has been at the head of a movement whose notion is somehow that we can’t reconcile our core values, our Constitution, our belief that we don’t torture, with our national security interests. I think he’s drawing the wrong lesson from history. [CNN, 3/22/2009; CBS News, 3/22/2009] The facts don’t bear him out.” Cheney “is eager to defend a legacy that was unsustainable,” Obama says, and notes that Cheney’s politics reflect a mindset that “has done incredible damage to our image and position in the world.” [Raw Story, 3/22/2009; CBS News, 3/22/2009] In response to Cheney’s advocacy of extreme interrogation methods—torture—of suspected terrorists, Obama asks: “How many terrorists have actually been brought to justice under the philosophy that is being promoted by Vice President Cheney? It hasn’t made us safer. What it has been is a great advertisement for anti-American sentiment.” [Politico, 3/21/2009; CBS News, 3/22/2009] “The whole premise of Guantanamo promoted by Vice President Cheney was that, somehow, the American system of justice was not up to the task of dealing with these terrorists,” Obama continues. “This is the legacy that’s been left behind and, you know, I’m surprised that the vice president is eager to defend a legacy that was unsustainable. Let’s assume that we didn’t change these practices. How long are we going to go? Are we going to just keep on going until, you know, the entire Muslim world and Arab world despises us? Do we think that’s really going to make us safer? I don’t know a lot of thoughtful thinkers, liberal or conservative, who think that was the right approach.” [Raw Story, 3/22/2009; CBS News, 3/22/2009]

Entity Tags: Barack Obama, Richard (“Dick”) Cheney, Obama administration, Bush administration (43)

Timeline Tags: Domestic Propaganda, 2010 Elections

Bill Hemmer.Bill Hemmer. [Source: New York Daily News]Fox News anchor Bill Hemmer, host of Fox News’s flagship news program America’s Newsroom, hosts several segments touting the April 15 “tea party” protests (see April 8, 2009 and April 15, 2009). Hemmer notes protests in Florida and Ohio that occurred in recent days, and directs viewers to the Web site for America’s Newsroom for more information. He says: “Protesters, well, they waved flags and signs and with slogans like ‘Repeal the Pork’ and ‘Our Bacon is Cooked.’ I say, our bacon is cooked. They’re popping up literally all across the country now.… If you go to our Web site, you will find a growing list of these events, hundreds of photos, and a new tea party anthem that you will hear from the man who wrote it and recorded it next hour. And there’s a list of the nationwide Tax Day tea party events coming up on the 15th of April, which will be a huge deal for those organizations. So check it out online right now” (see October 13, 2009). The song is by Lloyd Marcus of the National Association for the Advancement of Conservative People of Color, who has been on what he tells Hemmer was “a 40-city ‘Stop Obama’ tour.” Marcus’s song is extremely critical of President Obama’s policies and supportive of the “tea parties.” The lyrics are posted on FoxNews.com. [Media Matters, 4/8/2009]

Entity Tags: Fox News, National Association for the Advancement of Conservative People of Color, Lloyd Marcus, Bill Hemmer

Timeline Tags: Domestic Propaganda, 2010 Elections

Fox News contributor Charles Payne, appearing on Fox’s morning show Fox & Friends, tells viewers that under the Obama administration the US is moving towards a “one-world” government. Payne is echoing claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010), and that will be echoed by Fox News pundits such as Bill O’Reilly (see April 1-2, 2009) and others (see April 6, 2009). Payne says: “Listen, one day I think that we are heading toward a one-world sort of government. I think Obama probably likes that,” and says moments later, “We’re taking itty-bitty steps towards that.” [Media Matters, 3/24/2009; Media Matters, 4/10/2009] Payne is following recent, similar claims by Fox News guest Alex Jones (see March 18, 2009) and Fox host Glenn Beck and his guests (see March 17, 2009 and March 24, 2009).

Entity Tags: Fox News, Obama administration, Charles Payne

Timeline Tags: Domestic Propaganda

Baltasar Garzon.Baltasar Garzon. [Source: Presidency of Argentina]A Spanish court begins preliminary work towards opening a criminal investigation into allegations that six former top Bush administration officials may be guilty of war crimes related to torture of prisoners at Guantanamo. Spanish law allows the investigation and prosecution of people beyond its borders in the case of torture or war crimes. Investigative judge Baltasar Garzon, who ordered the arrest of Chilean dictator Augusto Pinochet and has overseen the prosecution of numerous terrorists and human rights violators, wants to prosecute former US Attorney General Alberto Gonzales, former Justice Department lawyers John Yoo and Jay Bybee, former Defense Department officials William Haynes and Douglas Feith, and David Addington, the former chief of staff to then-Vice President Cheney. Many legal experts say that even if Garzon’s case results in warrants being issued, it is highly doubtful that the warrants would ever be served as long as the six potential defendants remain in the US. Spain has jurisdiction in the case because five Spanish citizens or residents have claimed to have been tortured at Guantanamo; the five faced charges in Spain, but were released after the Spanish Supreme Court ruled that evidence obtained through torture was inadmissible. Garzon’s complaint rests on alleged violations of the Geneva Conventions and the 1984 Convention Against Torture (see October 21, 1994). The complaint was prepared by Spanish lawyers with the assistance of experts in Europe and America, and filed by the Association for the Dignity of Prisoners, a Spanish human rights group. Lawyer Gonzalo Boye, who filed the complaint, says that Gonzales, Yoo, and the others have what he calls well-documented roles in approving illegal torture techniques, redefining torture, and ignoring the constraints set by the Convention Against Torture. “When you bring a case like this you can’t stop to make political judgments as to how it might affect bilateral relations between countries,” Boye says. “It’s too important for that.” Boye adds: “This is a case from lawyers against lawyers. Our profession does not allow us to misuse our legal knowledge to create a pseudo-legal frame to justify, stimulate, and cover up torture.” The US is expected to ignore any extradition requests occuring from the case. [New York Times, 3/28/2009; Associated Press, 3/28/2009]

Entity Tags: William J. Haynes, Jay S. Bybee, David S. Addington, John C. Yoo, Geneva Conventions, Convention Against Torture, Gonzalo Boye, Association for the Dignity of Prisoners, Alberto R. Gonzales, Baltasar Garzon, Bush administration (43)

Timeline Tags: Civil Liberties

US CENTCOM commander General David Petraeus disagrees with assertions by former Vice President Cheney that President Obama is endangering the country (see February 4, 2009 and March 15, 2009). Petraeus, whom Cheney has called “extremely capable,” says when asked about Cheney’s comments: “Well, I wouldn’t necessarily agree with that. I think in fact that there is a good debate going on about the importance of values in all that we do. I think that if one violates the values that we hold so dear, that we jeopardize.… We think for the military, in particular that camp, that’s a line [torture] that can’t be crossed. It is hugely significant to us to live the values that we hold so dear and that we have fought so hard to protect over the years.” [Think Progress, 3/29/2009]

Entity Tags: Barack Obama, Richard (“Dick”) Cheney, David Petraeus

Timeline Tags: US International Relations

CNN anchor Wolf Blitzer interviews investigative journalist Seymour Hersh, who recently alleged that an “executive assassination wing” operated out of the White House (see March 10, 2009). Blitzer notes that the entity Hersh cited, the Joint Special Operations Command (JSOC), denies Hersh’s claim, and says, in Blitzer’s words, “their forces operate under established rules of engagement and the law of armed conflict.” The JSOC “has no command and control authorities over the US military,” the JSOC has told Blitzer. Additionally, former Bush national security expert Frances Townsend has denied Hersh’s claim.
Not New Reporting - Hersh tells Blitzer that though he has not written specifically about the “assassination wing,” he and others have written about the actions of the JSOC well before now. “[I]t’s a separately independent unit that does not report to Congress, at least in the years I know about.… It has been given executive authority by the president in as many as 12 countries to go in and kill we’re talking about high value targets. That’s absolutely correct.” He says that such actions are not only illegal, but have no basis in intelligence. “The idea that you’re telling a group of American combat soldiers,” he says, “[t]he idea that we have a unit set up who goes after high-value targets who up to a certain point I know for sure until very recently were clearing lists. That doesn’t mean Cheney has an assassination unit that he says I want to go get somebody. That’s how it sort of played out in the press. The idea that we have a unit that goes around and without reporting to Congress, Congress knows very little about this group, can’t get clearings, can’t get hearings, can’t get even a classified hearings on it. Congresspeople have told me this. Those are out and has authority for the president to go into a country without telling the CIA station chief or the ambassador and whack somebody and I’m sorry, Wolf, I have a lot of problems with that.”
Poor Choice of Phrase - Hersh says he regrets using the phrase “executive assassination wing,” because it is a “loaded phrase.” Word choice aside, Hersh says: “It comes down to the same thing, that you can—you’ve delegated authority to troops in the field to hit people on the basis of whatever intelligence they think is good and I can tell you it’s always not good and sometimes things get very bloody.… The bottom line is, it’s—if it were the way your little presentation set up, that everything was checked and cleared, in fact, it was an awful lot of delegation to this group, which does not brief the Congress. And this does raise profound questions of constitutional authority. It’s the same questions that have come up repeatedly in the Bush administration. That is a unitarian president, the notion that a president can do things without telling Congress and unilaterally. This is an extension of that issue.”
Implied Confirmation from Former Cheney Adviser - John Hannah, the former national security adviser to Vice President Cheney, says Hersh’s allegations are “not true,” but in his next statement, he seems to confirm Hersh’s allegations to an extent. Blitzer says: “Explain exactly what’s going on in terms of a list. Is there a list of terrorists, suspected terrorists, out there who can be assassinated?” Hannah replies: “There is—there’s clearly a group of people that go through a very extremely well-vetted process—interagency process, as I think was explained in your piece, that have committed acts of war against the United States, who are at war with the United States, or is suspected of planning operations of war against the United States, who authority is given, to our troops in the field in certain war theaters to capture or kill those individuals. That is certainly true.… Osama bin Laden and his number two are right at the top of the list. [The number of individuals to be assassinated] is a small group and the point is that it is very, very heavily vetted throughout the interagency process.” Hannah says that he has trouble believing that Congress was not aware of actions, presumably including possible assassinations, carried out by the JSOC: “I don’t know exactly what the consultations are with the Congress, but it’s hard for me to believe that those committee chairman and the leadership on the Hill involved in intelligence and armed services, if they want to know about these operations, cannot get that information through the Defense Department.” Asked if such assassinations are legal and Constitutional, Hannah says: “There is no question. And in a theater of war, when we are at war, and there’s no doubt, we are still at war against al-Qaeda in Iraq, al-Qaeda in Afghanistan, and on that Pakistani border, that our troops have the authority to go out after and capture and kill the enemy, including the leadership of the enemy.” [CNN, 3/30/2009; MinnPost (.com), 3/31/2009]

Entity Tags: Osama bin Laden, Frances Townsend, Seymour Hersh, US Department of Defense, Wolf Blitzer, Bush administration (43), Al-Qaeda, Joint Special Operations Command, John Hannah

Timeline Tags: Civil Liberties

Investigative reporter Seymour Hersh discusses his recent allegation that what he calls an “executive assassination wing” was run from the office of former Vice President Dick Cheney (see March 10, 2009). Interviewer Amy Goodman opens her segment with Hersh by playing what was apparently an implicit confirmation, to an extent, of Hersh’s claims from a former Cheney aide (see March 30, 2009). Hersh notes that the comments from the former aide, John Hannah, verify that “yes, we go after people suspected—that was the word he used—of crimes against America. And I have to tell you that there’s an executive order, signed by Jerry Ford, President Ford, in the ‘70s, forbidding such action. It’s not only contrary—it’s illegal, it’s immoral, it’s counterproductive.” Of the allegations that the “assassination wing” is operated through the military’s Joint Special Operations Command (JSOC), Hersh says: “[T]he problem with having military go kill people when they’re not directly in combat, these are asking American troops to go out and find people and… they go into countries without telling any of the authorities, the American ambassador, the CIA chief, certainly nobody in the government that we’re going into, and it’s far more than just in combat areas. There’s more—at least a dozen countries and perhaps more. [President Bush] has authorized these kinds of actions in the Middle East and also in Latin America, I will tell you, Central America, some countries. They’ve been—our boys have been told they can go and take the kind of executive action they need, and that’s simply—there’s no legal basis for it.… [T]he idea that the American president would think he has the constitutional power or the legal right to tell soldiers not engaged in immediate combat to go out and find people based on lists and execute them is just amazing to me.… And not only that, Amy, the thing about George Bush is, everything’s sort of done in plain sight. In his State of the Union address (see 9:01 pm January 28, 2003)… about a month and a half before we went into Iraq, Bush was describing the progress in the war, and he said—I’m paraphrasing, but this is pretty close—he said that we’ve captured more than 3,000 members of al-Qaeda and suspected members, people suspected of operations against us. And then he added with that little smile he has, ‘And let me tell you, some of those people will not be able to ever operate again. I can assure you that. They will not be in a position.’ He’s clearly talking about killing people, and to applause. So, there we are. I don’t back off what I said. I wish I hadn’t said it ad hoc… sometimes when you speak off the top, you’re not as precise.” JSOC, Hersh explains, is a group of Navy Seals, Delta Force soldiers, and other “commandos” (a word the soldiers don’t prefer, but, Hersh says, most journalists use), which has been “transmogrified, if you will, into this unit that goes after high-value targets.” Hersh explains the involvement of Cheney’s office: “And where Cheney comes in and the idea of an assassination ring—I actually said ‘wing,’ but of an assassination wing—that reports to Cheney was simply that they clear lists through the vice president’s office. He’s not sitting around picking targets. They clear the lists. And he’s certainly deeply involved, less and less as time went on, of course, but in the beginning very closely involved.” Goodman concludes by asking, “One question: Is the assassination wing continuing under President Obama?” Hersh replies: “How do I know? I hope not.” [Democracy Now!, 3/31/2009]

Entity Tags: Seymour Hersh

Timeline Tags: Civil Liberties

Former Secretary of State Colin Powell, in an interview with MSNBC’s Rachel Maddow, refuses to acknowledge his role in approving the torture of suspected terrorists. In 2008, ABC News named Powell as one of the members of the National Security Council’s principals committee who repeatedly authorized a variety of torture techniques to be used on detainees (see April 9, 2008). He also declines to affirm that several techniques, including waterboarding and sleep deprivation, qualify as torture. Powell says the torture of Abu Zubaida (see April - June 2002) and other al-Qaeda suspects “were not play-by-play discussed but there were conversations at a senior level with regard to what could be done with these types of interrogation. I cannot say further because I don’t have knowledge of all the meetings that took place or what was discussed at each of those meetings and I think it’s going to have to be in the written record of that meeting what will determine whether anything improper took place. But it is always the case that at least in the State Department’s standpoint, we should be consistent with the requirements of the Geneva Convention and that’s why this was such a controversial, controversial issue that you have to go—in due course I think we all will go to the written record. I’m not sure what memos were signed or not signed. I didn’t have access to all of that information.” Maddow asks, “If there was a meeting, though, at which senior officials were giving the approval for sleep deprivations, stress positions, waterboarding, were those officials committing crimes when they were getting their authorization?” Powell refuses to answer, saying, “I don’t know If any of these items would be considered criminal and I would wait for whatever investigation that the government or the Congress intends to pursue with this.” Maddow asks if he regrets his own participation in discussions about interrogations and torture, but Powell cuts her off to state: “There was no meeting on torture. It is constantly said that the meetings—I had an issue with this—we had meetings on what torture to administer. What I recall, the meetings I was in, I was not in all the meetings and I was not an author of many of the memos that have been written and some have come out and some have not come out. The only meetings I recall was where we talked about what is it we can do with respect to trying to get information from individuals who were in our custody. And I will just have to wait until the full written record is available and examined.… I don’t know where these things were being approved at a political level.” [MSNBC, 4/1/2009; Think Progress, 4/1/2009]

Entity Tags: Rachel Maddow, Colin Powell

Timeline Tags: Torture of US Captives

Fox News on-screen chyron falsely claiming Obama’s 2010 budget is four times larger than biggest Bush budget.Fox News on-screen chyron falsely claiming Obama’s 2010 budget is four times larger than biggest Bush budget. [Source: Media Matters]Fox News’s flagship morning news broadcast, America’s Newsroom, displays an on-screen “chyron” that falsely claims the 2010 budget proposed by President Obama—$3.6 trillion—is four times the largest budget ever submitted by former President Bush. As progressive media watchdog Web site Media Matters notes, Bush submitted a $3.1 trillion budget for 2009 and a $2.9 trillion budget for 2008 (see October 13, 2009). [Media Matters, 4/3/2009]

Entity Tags: George W. Bush, Media Matters, Barack Obama, Fox News

Timeline Tags: Global Economic Crises, Domestic Propaganda

Fox News talk show host Glenn Beck attempts to disavow any connection between his rhetoric and accused murderer Richard Poplawski, who killed three police officers in Pittsburgh two days ago (see April 4, 2009). Poplawski said he was influenced by Beck and other conservative talk show hosts who have repeatedly warned that the government intends to forcibly confiscate citizens’ guns (see April 4, 2009). Beck tells his listeners, “[T]he press, the blogs, everybody immediately went to, ‘This guy’s a conservative with guns that says Obama’s coming.’” But later in his show, Beck repeats his assertions, telling viewers that President Obama “will slowly but surely take away your gun or take away your ability to shoot a gun, carry a gun. He will make them more expensive; he’ll tax them out of existence. He will because he has said he would. He will tax your gun or take your gun away one way or another.” [Media Matters, 4/9/2009]

Entity Tags: Barack Obama, Glenn Beck, Richard Poplawski, Fox News

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

The CIA says it intends to close down the network of secret overseas prisons it used to torture suspected terrorists during the Bush administration. CIA Director Leon Panetta says that agency officers who worked in the program “should not be investigated, let alone punished” because the Justice Department under President Bush had declared their actions legal. Justice Department memos (see April 16, 2009) and investigations by the International Committee of the Red Cross (see October 6 - December 14, 2006) have shown that torture was used on several prisoners in these so-called “black sites.” Panetta says the secret detention facilities have not been used since 2006, but are still costing taxpayers money to keep open. Terminating security contracts at the sites would save “at least $4 million,” he says. The CIA has never revealed the location of the sites, but independent investigations and news reports place at least some of them in Afghanistan, Thailand, Poland, Romania, and Jordan. Agency officials have claimed that fewer than 100 prisoners were ever held in the sites, and around 30 of them were tortured. The last 14 prisoners were transferred to Guantanamo in 2006 (see September 2-3, 2006), but then-President Bush ordered the sites to remain open for future use. Since then, two suspected al-Qaeda operatives are known to have been kept in the sites. Panetta also says that the CIA will no longer use private contractors to conduct interrogations. [New York Times, 4/10/2009]

Entity Tags: Leon Panetta, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Fox News’s flagship morning news broadcast, America’s Newsroom, repeatedly airs video clips promoting the upcoming “tea party” protests for April 15 (see April 8, 2009, April 15, 2009, April 15, 2009, and April 15, 2009). Host Bill Hemmer urges viewers to attend protests near them, and alerts them to “virtual tea parties” being hosted on Fox’s “non-partisan” Web site Fox Nation. One clip exhorts viewers to “say no to biased media and yes to fair play and free speech,” and then prompts them to “express your views, your values” at Fox Nation. Hemmer then tells viewers that commentators Glenn Beck (see April 15, 2009), Sean Hannity, Neil Cavuto, and Greta Van Susteren are reporting and helping host protests in four separate areas around the nation. “Can’t get to a tea party?” Hemmer asks. “Fox Nation hosts a ‘virtual tea party.’ You can check it out on the site.” During Hemmer’s pitch, Fox News airs a clip of a protest sign with “NO to socialism!” written across an American flag with a Soviet-style hammer and sickle in place of the 50 stars (see October 13, 2009). [Media Matters, 4/13/2009]

Entity Tags: Glenn Beck, Neil Cavuto, Bill Hemmer, Fox Nation, Sean Hannity, Fox News, Greta Van Susteren

Timeline Tags: Domestic Propaganda

One of Hayden’s Twitter posts.One of Hayden’s Twitter posts. [Source: Twitteradar (.com)]Daniel Knight Hayden, an Oklahoma man who has declared himself affiliated with local tea party organizations and the “Oath Keeper” movement (see March 9, 2009 and March 2010), is arrested by FBI agents after posting a series of messages on Twitter threatening to unleash a violent attack on Oklahoma state government officials on April 15, “Tax Day.” On April 13, under the moniker “CitizenQuasar,” Hayden began posting a blizzard of “tweets” about his intention to be on the Oklahoma State Capitol steps on the 15th, at first as part of a peaceful tea party event, then escalating into harsher rhetoric, and eventually threats of violence. On April 14, he wrote: “Tea Parties: And Poot Gingrich wants to stand in the limelight. He is a NWO operative,” referring to former Republican House Speaker and tea party favorite Newt Gingrich, and accusing him of being an “operative” for the “New World Order” (see September 11, 1990). Towards midnight of April 14, Hayden begins the following series of posts: “Maybe it’s time to die. Let’s see if I can video record the Highway Patrol at the entrance to the Oklahoma State Capitol.” “While trying to inform them of Oath Keepers” (and links to the Oath Keepers blog). “And post it on the internet. Since i live on this sorry f_cking state,that is as good a place as ANY to die and start a WAR. WEshallsee.” “I WISH I had someone to watch my back with MY camera.” “AND, no matter WHAT happens, to post it on the internet IMMEDIATELY, AND send it to Alex Jones!!!!!!!!!!!!” (referring to radio talk show host Alex Jones). “Damnit!” “Alas… WE SHALL see the TRUTH about this sorry f_cking state!!!!!!!” After a few more posts, Dyer begins posting direct threats of violence (later removed from the Twitter account, but presented in the FBI affidavit). “The WAR wWIL start on the stepes of the Oklahoma State Capitol. I will cast the first stone. In the meantime, I await the police.” “START THE KILLING NOW! I am wiling to be the FIRST DEATH! I Await the police. They will kill me in my home.” “After I am killed on the Capitol Steps like REAL man, the rest of you will REMEMBER ME!!!” “I really don’ give a sh_t anymore. Send the cops around. I will cut their heads off the heads and throw the on the State Capitol steps.” Hayden is taken into custody before he can go to the Capitol building, and arrested for transmitting threats to kill or injure people using interstate communication tools over the Internet. FBI agent Michael Puskas confirms that Dyer posted under the moniker “CitizenQuasar,” and says Dyer also has MySpace and Blogger accounts under similar monikers. Wired magazine says it “appears to be [the] first criminal prosecution to stem from posts on the microblogging site,” and calls Dyer’s MySpace page “a breathtaking gallery of right-wing memes about the ‘New World Order,’ gun control as Nazi fascism, and Barack Obama’s covert use of television hypnosis, among many others.” Dyer will be arraigned on April 16 and ordered released to a halfway house, a move the Associated Press reports as suggesting “the magistrate judge does not consider him a genuine threat.” [Wired News, 4/24/2009; Associated Press, 4/26/2009] Posters on the conservative blog Free Republic, commenting on Hayden’s arrest, label him a “leftist” who intended to kill tea party protesters, a contention they say is proven by Hayden’s vows to seek revenge for the government’s execution of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). One poster writes: “Hayden appears to be one of those mixtures of far out ideologies. On one hand he seems to support nazism but accused Obama of using mind control.” [Free Republic, 4/24/2009]

Entity Tags: Wired News, Federal Bureau of Investigation, Daniel Knight Hayden, Free Republic, Newt Gingrich, Michael Puskas, Oath Keepers

Timeline Tags: US Domestic Terrorism

President Obama presides over a deeply divided group of top advisers as he decides whether or not to release four Bush-era Justice Department memos documenting the Bush administration’s torture policies (see April 16, 2009). CIA Director Leon Panetta and his four immediate predecessors have already registered their flat disapproval of the memos’ release (see March 18, 2009 and After), as has Obama’s top counterterrorism adviser, John Brennan. On the other side are Attorney General Eric Holder, Director of National Intelligence Dennis Blair, and White House counsel Gregory Craig. Defense Secretary Robert Gates has indicated he supports the release because it is inevitable anyway—the memos are the subject of a Freedom of Information Act (FOIA) lawsuit—and because Obama is willing to promise that no CIA officers will be prosecuted for abuse. Joint Chiefs of Staff Chairman Michael Mullen sides with Gates. Obama presides over a “mini-debate” in the office of White House chief of staff Rahm Emanuel, where each side designates a spokesperson to present its views. When the debate is concluded, Obama immediately dictates a draft of his announcement of the memos’ release. During the discussion, Obama rejects the proposal that the memos’ release be delayed in anticipation of a so-called “truth commission” to investigate Bush torture policies, saying that such delay would just create further divisiveness. Craig argues persuasively that the judge overseeing the FOIA lawsuit is unlikely to grant any delays. Obama aides later say the president’s decision is in keeping with his frequent campaign promises that he would not only stop the torture and abuse of prisoners in US custody, but get to the truth behind the Bush administration’s torture policies. [Newsweek, 4/18/2009; Washington Post, 4/24/2009]

Entity Tags: Robert M. Gates, US Department of Justice, Rahm Emanuel, Leon Panetta, Greg Craig, Dennis C. Blair, Barack Obama, John O. Brennan, Eric Holder, Michael Mullen

Timeline Tags: Torture of US Captives

The White House releases four key Justice Department memos documenting the CIA’s use of harsh interrogation methods—torture—against suspected terrorists. The memos were released as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). The documents show that two high-level detainees were subjected to waterboarding at least 266 times between them. Al-Qaeda operative Abu Zubaida was waterboarded at least 83 times in August 2002, contradicting earlier CIA reports that he “broke” after a single waterboarding session (see December 10, 2007). Confessed 9/11 mastermind Khalid Shaikh Mohammed was waterboarded at least 183 times in March 2003. The so-called “insect” technique—exposure to insects within an enclosed box—was approved for use on Zubaida, but apparently never used. Numerous prisoners were subjected to “walling” and “sleep deprivation,” with at least one detainee subjected to the technique for 180 hours (over seven days). Three of the memos were written by then-Office of Legal Counsel (OLC) chief Steven Bradbury in May 2005 (see May 10, 2005, May 10, 2005, and May 30, 2005), and the fourth by Bradbury’s predecessor, Jay Bybee, in August 2002 (see August 1, 2002). [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009] Senate Judiciary Committee chairman Patrick Leahy (D-VT) says: “These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for ‘high value detainees’ in US custody. The techniques are chilling. This was not an ‘abstract legal theory,’ as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.” [CNN, 4/17/2009] House Judiciary Committee chairman John Conyers (D-MI) agrees, saying: “This release, as well as the decision to ban the use of such techniques in the future, will strengthen both our national security and our commitment to the rule of law and help restore our country’s standing in the international community. The legal analysis and some of the techniques in these memos are truly shocking and mark a disturbing chapter in our nation’s history.” [Think Progress, 4/16/2009] Senate Intelligence Committee chairwoman Dianne Feinstein (D-CA), whose committee is conducting an investigation of abusive interrogation methods used during the Bush administration, says Bush officials “inaccurately interpreted” the Geneva Conventions prohibiting torture. “I find it difficult to understand how the opinions found these interrogation techniques to be legal,” she says. “For example, waterboarding and slamming detainees head-first into walls, as described in the OLC opinions, clearly fall outside what is legally permissible.” [United Press International, 4/16/2009]
White House Condemns Methods, Opposes Investigations - Attorney General Eric Holder says of the memos: “The president has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.” Holder adds that, according to a Justice Department statement, “intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.” Holder states, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.” [US Department of Justice, 4/16/2009] President Obama condemns what he calls a “dark and painful chapter in our history,” and promises that such torture techniques will never be used again. However, he restates his opposition to a lengthy investigation into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.” In contrast, Leahy says that the memos illustrate the need for an independent investigation. Dennis Blair, the director of national intelligence, points out that the memos were written at a time when the CIA was working to prevent a repeat of the 9/11 attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” he says. “But we will absolutely defend those who relied on these memos.” [New York Times, 4/19/2009] The ACLU demands criminal prosecution of Bush officials for their torture policies (see April 16, 2009). [American Civil Liberties Union, 4/16/2009]
Techniques Include Waterboarding, Insect Exposure, 'Walling' - The memos show that several techniques were approved for use, including waterboarding, exposure to insects within a “confinement box,” being slammed into a wall, sleep deprivation, stress positions, forced nudity, and others. [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009]
Waterboarded Well beyond Allowed Procedures - Because the information about the waterboarding of Zubaida and Mohammed comes from the classified and heavily redacted CIA’s inspector general report, which has not yet been released to the public, the information is at least in part based on the videotapes of Zubaida’s interrogation sessions that were later destroyed by CIA officials (see March 6, 2009). The CIA memo explained that detainees could be waterboarded between 12 and 18 times in a single day, but only on five days during a single month—which mathematically only adds up to 90 times in a month, and thus does not explain how Mohammed could have been waterboarded 183 times in a month if these procedures were being followed. The memos also reveal that in practice, the waterboarding went far beyond the methodologies authorized by the Justice Department and used in SERE training (see December 2001 and July 2002).
Information Unearthed by Blogger - Initial media reports fail to divulge the extraordinary number of times Zubaida and Mohammed were waterboarded. It falls to a blogger, Marcy Wheeler, to unearth the information from the CIA memo and reveal it to the public (see April 18, 2009). [Marcy Wheeler, 4/18/2009]

Entity Tags: Marcy Wheeler, Central Intelligence Agency, Dennis C. Blair, Khalid Shaikh Mohammed, Dianne Feinstein, Jay S. Bybee, Geneva Conventions, Eric Holder, Barack Obama, Bush administration (43), John Conyers, Office of Legal Counsel (DOJ), US Department of Justice, American Civil Liberties Union, Steven Bradbury, Patrick J. Leahy, Abu Zubaida, Obama administration

Timeline Tags: Torture of US Captives

Fox News commentators mock the idea of using insects to torture prisoners, as was revealed in recently released Justice Department torture memos (see April 16, 2009). Mike Huckabee (R-AR), the former governor of Arkansas and a 2008 presidential candidate who now has his own talk show on Fox, says, “Look, I’ve been in some hotels where there were more bugs than these guys faced.” Huckabee goes on to characterize the Obama administration’s version of prisoner interrogation, saying, “We’re going to talk to them, we’re going to have a nice conversation, we’re going to invite them down for some tea and crumpets.” Huckabee’s fellow commentators Gretchen Carlson and Steve Doocy join in the hilarity. [Media Matters, 4/17/2009; Media Matters, 4/21/2009]

Entity Tags: Gretchen Carlson, Fox News, Steve Doocy, Mike Huckabee

Timeline Tags: Torture of US Captives, Domestic Propaganda

Marcy Wheeler.Marcy Wheeler. [Source: Project Censored]Progressive blogger Marcy Wheeler, who posts under the moniker “emptywheel” at FireDogLake.com, finds that, upon careful perusal of the March 30, 2005 CIA torture memo just released by the Obama administration (see May 30, 2005 and April 16, 2009), two suspected terrorists, Abu Zubaida and Khalid Shaikh Mohammed, were waterboarded 266 times. Initial, more cursory news reports on the memo did not reveal this fact. The next day, the New York Times will cite Wheeler in its report on the discovery. [Marcy Wheeler, 4/18/2009; New York Times, 4/19/2009] Wheeler writes: “The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM. That doesn’t sound very effective to me.” [Marcy Wheeler, 4/18/2009] Days later, an unidentified “US official with knowledge of the interrogation program” will tell a Fox News reporter that the claim of 183 waterboardings for Mohammed is inaccurate and misleading. Mohammed was only waterboarded five times, the official will claim. The figure of 183 is the number of “pours” Mohammed was subjected to. “The water was poured 183 times—there were 183 pours,” the official says, adding, “[E]ach pour was a matter of seconds.” The report of five waterboardings for Mohammed comes from a 2007 Red Cross report, the official will say. [Fox News, 4/28/2009]

Entity Tags: Marcy Wheeler, Obama administration, FireDogLake (.com), Central Intelligence Agency, Abu Zubaida, New York Times, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Former CIA Director Michael Hayden refuses to confirm information from a recently released CIA memo that shows alleged 9/11 mastermind Khalid Shaikh Mohammed had been waterboarded 183 times in a single month (see April 16, 2009). Even though the memo has been released to the public, Hayden says he believes that information is still classified. Hayden says he opposed the release of the memo and three others recently released by the White House. Even though President Obama has said that the US will never use waterboarding and other “harsh interrogation techniques” again, Hayden says: “At the tactical level, what we have described for our enemies in the midst of a war are the outer limits that any American would ever go to in terms of interrogating an al-Qaeda terrorist. That’s very valuable information. Now, it doesn’t mean we would always go to the outer limits, but it describes the box within which Americans will not go beyond. To me, that’s very useful for our enemies, even if as a policy matter, this president at this time had decided not to use one, any, or all of those techniques. It reveals the outer limits. That’s very important.” Hayden also disputes reports that suspected terrorist Abu Zubaida revealed nothing new after being tortured; he says that after Zubaida was subjected to waterboarding and other unspecified “techniques,” he revealed information leading to the capture of suspected terrorist Ramzi bin al-Shibh. [New York Times, 4/19/2009; Think Progress, 4/19/2009] Days later, former FBI interrogator Ali Soufan will reveal information that disputes Hayden’s claims (see Late March through Early June, 2002 and April 22, 2009).

Entity Tags: Central Intelligence Agency, Michael Hayden

Timeline Tags: Torture of US Captives

Former Vice President Dick Cheney says that since memos disclosing the opinions surrounding the Bush administration’s torture policies have been released (see April 16, 2009), he wants the Obama administration to release documents that he says show the critical information garnered through the use of torture—though he does not consider the methods used to be torture (see December 15, 2008). To release the documents would make for an “honest debate.” Cheney, interviewed by conservative pundit Sean Hannity, asks why the memos were released but not documents proving the efficacy of torture. “One of the things that I find a little bit disturbing about this recent disclosure is they put out the legal memos, the memos that the CIA got from the [Justice Department’s] Office of Legal Counsel, but they didn’t put out the memos that showed the success of the effort,” he says. Cheney says he has requested that those documents also be declassified. “I haven’t talked about it, but I know specifically of reports that I read, that I saw, that lay out what we learned through the interrogation process and what the consequences were for the country,” he says. “I’ve now formally asked the CIA to take steps to declassify those memos so we can lay them out there and the American people have a chance to see what we obtained and what we learned and how good the intelligence was.” [Fox News, 4/20/2009] The CIA memos Cheney is referring to are released several months later (see August 24, 2009). Though Cheney will insist that the memos prove his point (see August 24, 2009), many, including a former CIA case officer, will disagree (see August 25, 2009).

Entity Tags: Richard (“Dick”) Cheney, Obama administration, Office of Legal Counsel (DOJ), Central Intelligence Agency, Bush administration (43), Sean Hannity

Timeline Tags: Torture of US Captives

A newly declassified Senate Intelligence Committee chronology discloses that the small group of Bush-era Justice Department lawyers who wrote memos authorizing the torture of enemy detainees (see April 16, 2009 and April 9, 2008) did not operate on their own, but were authorized by top White House officials such as then-Vice President Dick Cheney and then-National Security Adviser Condoleezza Rice (see April 2002 and After). Other top officials, such as then-Defense Secretary Donald Rumsfeld and then-Secretary of State Colin Powell, were apparently left out of the decision-making process. Former committee chairman John Rockefeller (D-WV) says the task of declassifying interrogation and detention opinions “is not complete,” and urges the prompt declassification of other Bush-era documents that, he says, will show how the Bush administration interpreted the laws governing torture and war crimes. The committee report began in the summer of 2008, at Rockefeller’s behest, and was drafted by committee staffers with heavy input from Bush officials. The entire effort was coordinated through the Office of the Director of National Intelligence. President Bush’s National Security Council refused to declassify the report; President Obama’s National Security Adviser, James Jones, signed off on its release and the committee clears it for release today. [Washington Post, 4/22/2009; McClatchy News, 4/22/2009] The Intelligence Committee report dovetails with a report issued by the Senate Armed Forces Committee that showed Defense Department officials debated torture methods months before the Justice Department authorized such methods (see April 21, 2009). The report also shows:
bullet The CIA thought al-Qaeda operative Abu Zubaida was withholding information about an imminent threat as early as April 2002 (see March 28-August 1, 2002), but did not receive authorization to torture him until three months later.
bullet Some Senate Intelligence Committee members were briefed on the torture of Zubaida and 9/11 plotter Khalid Shaikh Mohammed in 2002 and 2003.
bullet CIA Director George Tenet, in the spring of 2003, asked for a reaffirmation of the legality of torture methods (perhaps this memo—see June 1, 2003). Cheney, Rice, then-Attorney General John Ashcroft, and then-White House counsel Alberto Gonzales were among the participants at a meeting where it was decided that the torture policies would continue. Rumsfeld and Powell were not present.
bullet The CIA briefed Rumsfeld and Powell on interrogation techniques in September 2003.
bullet Administration officials had lasting concerns about the legality of waterboarding as they continued to justify its legitimacy.
Reactions among other senators is divided, with John McCain (R-AZ), Lindsey Graham (R-SC), and Joseph Lieberman (I-CT) asking Obama not to prosecute Bush officials who authorized or gave advice concerning torture, and Senate Judiciary Committee chairman Patrick Leahy (D-VT) reiterating his support for an independent “truth commission” to investigate the interrogations. [McClatchy News, 4/22/2009; Senate Intelligence Committee, 4/22/2009 pdf file] In 2008, Bush admitted approving of his administration’s authorization of torture (see April 11, 2008).

Entity Tags: Condoleezza Rice, Senate Intelligence Committee, Richard (“Dick”) Cheney, US Department of Justice, Colin Powell, Bush administration (43), Barack Obama, Central Intelligence Agency, Abu Zubaida, Alberto R. Gonzales, Office of the Director of National Intelligence, Patrick J. Leahy, Lindsey Graham, George W. Bush, James L. Jones, John Ashcroft, John D. Rockefeller, George J. Tenet, Khalid Shaikh Mohammed, Donald Rumsfeld, National Security Council, John McCain, Joseph Lieberman

Timeline Tags: Torture of US Captives

Ali Soufan, an FBI supervisory special agent from 1997 to 2005, writes an op-ed for the New York Times about his experiences as a US interrogator. Soufan, who was one of the initial interrogators of suspected al-Qaeda operative Abu Zubaida (see Late March through Early June, 2002), says he has remained silent for seven years “about the false claims magnifying the effectiveness of the so-called enhanced interrogation techniques like waterboarding.” Until now, he has spoken only in closed government hearings, “as these matters were classified.” But now that the Justice Department has released several memos on interrogation (see April 16, 2009), he can publicly speak out about the memos. “I’ve kept my mouth shut about all this for seven years,” Soufan says. “I was in the middle of this, and it’s not true that these techniques were effective. We were able to get the information about Khalid Shaikh Mohammed in a couple of days. We didn’t have to do any of this [torture]. We could have done this the right way.” [New York Times, 4/22/2009; Newsweek, 4/25/2009] In early 2002, Soufan trained Guantanamo interrogators in the use of non-coercive interrogation techniques; a colleague recalls the military intelligence officials in the session being resistant to the ideas Soufan proposed (see Early 2002). [Newsweek, 4/25/2009]
'False Premises' Underpinning Use of Torture - Soufan says the memos are based on what he calls “false premises.” One is the August 2002 memo granting retroactive authorization to use harsh interrogation methods on Zubaida on the grounds that previous methods had been ineffective (see August 1, 2002). Soufan asserts that his questioning of Zubaida had indeed been productive (contradicting earlier CIA claims—see December 10, 2007), and that he used “traditional interrogation methods” to elicit “important actionable intelligence” from the suspected operative. The harsh methods later used on Zubaida produced nothing that traditional methods could not have produced, Soufan says; moreover, those harsh techniques—torture—often “backfired” on the interrogators. Many of the methods used on detainees such as Zubaida remain classified, Soufan writes: “The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.”
False Claims 'Proving' Usefulness of Torture - Some claim that Zubaida gave up information leading to the capture of suspected terrorists Ramzi bin al-Shibh and Jose Padilla. “This is false,” Soufan writes. “The information that led to Mr. Shibh’s capture came primarily from a different terrorist operative who was interviewed using traditional methods. As for Mr. Padilla, the dates just don’t add up: the harsh techniques were approved in the memo of August 2002, Mr. Padilla had been arrested that May.”
Restoring the 'Chinese Wall' - Because of the use of torture by the CIA, the two agencies will once again be separated by what Soufan calls “the so-called Chinese wall between the CIA and FBI, similar to the communications obstacles that prevented us from working together to stop the 9/11 attacks.” Since the FBI refused to torture suspects in its custody, “our agents who knew the most about the terrorists could have no part in the investigation. An FBI colleague of mine who knew more about Khalid Shaikh Mohammed than anyone in the government was not allowed to speak to him.”
Targeted Investigations - Soufan writes that any investigations into the use of torture by the CIA should not seek to punish the interrogators who carried out the government’s policies. “That would be a mistake,” he writes. “Almost all the agency officials I worked with on these issues were good people who felt as I did about the use of enhanced techniques: it is un-American, ineffective, and harmful to our national security.” Soufan goes farther, adding, “It’s worth noting that when reading between the lines of the newly released memos, it seems clear that it was contractors, not CIA officers, who requested the use of these techniques.” The CIA itself must not be targeted for retribution, Soufan writes, as “[t]he agency is essential to our national security.” Instead, “[w]e must ensure that the mistakes behind the use of these techniques are never repeated.” [New York Times, 4/22/2009; Newsweek, 4/25/2009]

Entity Tags: US Department of Justice, Khalid Shaikh Mohammed, Jose Padilla, Federal Bureau of Investigation, Ali Soufan, Abu Zubaida, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Liz Cheney, a former State Department official and the daughter of former Vice President Dick Cheney, defends the Bush administration’s practices of torture by denying that anything authorized by the administration was, in fact, torture. Cheney, interviewed on MSNBC, is responding to the issues raised by the recent Senate Armed Services Committee report on Bush-era torture policies (see April 21, 2009). “The tactics are not torture, we did not torture,” she says. To bolster her denial, Cheney says that the tactics are not torture because they were derived from training methods employed in the SERE program (see December 2001, January 2002 and After, and July 2002). “Everything that was done in this program, as has been laid out and described before, are tactics that our own people go through in SERE training,” Cheney says. “We did not torture our own people. These techniques are not torture.” Progressive news Web site Think Progress notes that in the May 30, 2005 torture memo (see May 30, 2005), then-Justice Department official Steven Bradbury wrote, “Individuals undergoing SERE training are obviously in a very different situation from detainees undergoing interrogation; SERE trainees know it is part of a training program, not a real-life interrogation regime, they presumably know it will last only a short time, and they presumably have assurances that they will not be significantly harmed by the training.” [Think Progress, 4/23/2009]

Entity Tags: Bush administration (43), Steven Bradbury, Senate Armed Services Committee, Elizabeth (“Liz”) Cheney

Timeline Tags: Torture of US Captives

Former House Speaker Newt Gingrich (R-GA), a likely candidate for the 2012 Republican presidential candidacy, refuses to say whether waterboarding is or is not torture. Interviewed on Fox News, Gingrich calls the release of the four Bush-era Justice Department memos authorizing and defending torture (see April 16, 2009) “a big mistake,” but adds, “I want to see the United States run the risk, at times, of not learning certain things in order to establish a standard for civilization.” When asked if waterboarding is torture, Gingrich refuses to give a straight answer. “I think it’s something we shouldn’t do,” he says, but then adds: “Lawyers I respect a great deal say it is absolutely within the law. Other lawyers say it absolutely is not. I mean, this is a debatable area.” When asked if waterboarding violates the Geneva Conventions, Gingrich again demurs, saying, “I honestly don’t know.” He then says, “I think—I think that there—I am exactly where Senator [John] McCain was.” McCain has long opposed the use of torture (see July 24, 2005 and After, October 1, 2005, November 21, 2005, December 13, 2005, December 15, 2005, and April 20, 2009). [Think Progress, 4/26/2004]

Entity Tags: John McCain, Newt Gingrich, Bush administration (43)

Timeline Tags: Torture of US Captives

New York Times editor Clark Hoyt, in a column entitled “Telling the Brutal Truth,” writes of the lengthy discussions among Times editors and staffers on using the term “torture” in their reports and editorials. Hoyt writes that the term is not used in news reports, though it is in editorials. “Until this month,” he writes, “what the Bush administration called ‘enhanced’ interrogation techniques were ‘harsh’ techniques in the news pages of the Times. Increasingly, they are ‘brutal.’” He characterizes the decision to use, or not use, the word “torture” as an example of “the linguistic minefields that journalists navigate every day in the quest to describe the world accurately and fairly.” He notes that the final decision—to rely on the adjective “brutal”—“displeas[es] some who think ‘brutal’ is just a timid euphemism for torture [as well as] their opponents who think ‘brutal’ is too loaded.”
Reader Criticism - Hoyt notes that some readers have criticized the Times for its lack of “backbone” in not using the term “torture” in its reporting, with one writing that by refusing to use the term, “you perpetuate the fantasy that calling a thing by something other than its name will change the thing itself.” Others say that even using the word “brutal” is “outrageously biased.”
'Harsh' Not Accurately Descriptive - Hoyt notes that in the process of editing an April 10 news report on the CIA’s closing of its network of secret overseas prisons (see April 10, 2009), reporter Scott Shane and editor Douglas Jehl debated over the wording of the first paragraph. Jehl had written that the interrogation methods used in the prisons were “widely denounced as illegal torture,” a phrase Jehl changed to “harshest interrogation methods.” Shane argued that the term “harshest” was not strong enough, and the two agreed to use the word “brutal.” After reading the recently released Justice Department torture memos (see April 16, 2009), managing editor Jill Abramson said a new and stronger term needed to be used. “Harsh sounded like the way I talked to my kids when they were teenagers and told them I was going to take the car keys away,” she says. She, too, came down in favor of “brutal” after conferring with legal experts and Washington bureau chief Dean Baquet. But senior editors have all agreed that the word torture will not be used except in quoting others’ descriptions of the methods. “I have resisted using torture without qualification or to describe all the techniques,” Jehl says. “Exactly what constitutes torture continues to be a matter of debate and hasn’t been resolved by a court. This president and this attorney general say waterboarding is torture, but the previous president and attorney general said it is not. On what basis should a newspaper render its own verdict, short of charges being filed or a legal judgment rendered?” [New York Times, 4/25/2009]
Accusation of Bias, Semantic Games - Media critic Brad Jacobson accuses Hoyt and the Times staff of engaging in meaningless semantic wordplay instead of labeling torture as what it is, and notes that Hoyt seems to admit that public opinion, not journalistic standards, has determined what terms the Times will and will not use. Jacobson writes: “1) If the Times called techniques such as waterboarding torture in its reporting, which it should based on US and international law, legal experts, historians, military judges, combat veterans, and human rights organizations, and described, however briefly, what that torture entailed, then the use of modifying adjectives such as ‘harsh’ or ‘brutal’ would not only be superfluous but, in a news story, better left out; and 2) isn’t the Times (along with any news outlet that has failed to report these acts as torture) directly responsible in some way for inspiring the kind of response it received from readers [who objected to the term ‘brutal’]? If readers are not provided the facts—a) waterboarding is torture and b) torture is illegal—while Times editors are simultaneously ascribing arbitrary descriptors to it like ‘brutal’ or ‘harsh,’ then the Times is not only denying its readers the necessary information to understand the issue but this denial may also lead directly to accusations of bias.” He also notes that Jehl censored Shane’s story to eliminate the reference to the methods being “widely denounced as illegal torture,” and asks why Abramson discussed the matter with legal experts rather than determining if waterboarding, physical assaults, and other techniques do indeed qualify as torture under the Geneva Conventions, the Convention Against Torture (see October 21, 1994), and other binding laws and treaties. [Raw Story, 4/26/2009]

Entity Tags: Douglas Jehl, Central Intelligence Agency, Brad Jacobson, Clark Hoyt, Dean Baquet, Scott Shane, Convention Against Torture, Jill Abramson, Geneva Conventions, US Department of Justice, New York Times

Timeline Tags: Torture of US Captives

The CIA tortured and brutalized prisoners for at least seven years without attempting to assess whether such tactics actually resulted in the acquisition of good intelligence, the press reports. Calls to conduct such an assessment of the agency’s “enhanced interrogation techniques” began as early as 2003, when the CIA’s inspector general began circulating drafts of a report that raised serious concerns about the various torture techniques being employed (see May 7, 2004). Neither the inspector general’s report or later studies examined the effectiveness of the interrogation tactics, or attempted to verify the assertions of CIA counterterrorism officials who insisted that the techniques were essential to the program’s results. “Nobody with expertise or experience in interrogation ever took a rigorous, systematic review of the various techniques—enhanced or otherwise—to see what resulted in the best information,” says a senior US intelligence official involved in overseeing the interrogation program. As a result, there was never a determination of “what you could do without the use of enhanced techniques,” the official says. Former Bush administration officials say the failure to conduct such an examination was part of a broader reluctance to reexamine decisions made shortly after the 9/11 attacks. The Defense Department, Justice Department, and CIA “all insisted on sticking with their original policies and were not open to revisiting them, even as the damage of these policies became apparent,” according to John Bellinger, then the legal advisor to former Secretary of State Condoleezza Rice, referring to burgeoning international outrage. “We had gridlock,” Bellinger says, calling the failure to consider other approaches “the greatest tragedy of the Bush administration’s handling of detainee matters.” [Los Angeles Times, 4/25/2009]

Entity Tags: Central Intelligence Agency, Bush administration (43), US Department of Justice, John Bellinger, US Department of Defense

Timeline Tags: Torture of US Captives

Der Spiegel reports new evidence proving that the CIA ran a secret prison in Poland and tortured prisoners there. The prison is identified as the Polish military airbase of Stare Kiejkuty, about an hour’s drive north of the Szymany military airbase. One of the most well-known of the “high-value” prisoners kept there was accused 9/11 plotter Khalid Shaikh Mohammed, who was tortured (see March 7 - Mid-April, 2003) and waterboarded (see After March 7, 2003) in the facility. A Gulfstream N379P jet, known to Polish investigators as the “torture taxi,” landed at least five times at Szymany between February and July 2003. According to Der Spiegel, “Flight routes were manipulated and falsified for this purpose and, with the knowledge of the Polish government, the European aviation safety agency Eurocontrol was deliberately deceived.” A witness told the public prosecutor’s office in Warsaw of seeing people wearing handcuffs and blindfolds being led from the aircraft at Szymany, far from the control tower. The witness said it was always the same individuals and the same civilian vehicles that stood waiting on the landing field. Mohammed told delegates from the International Committee of the Red Cross (ICRC) that most of the group at the airfield wore ski masks, presumably to avoid being identified. “On arrival the transfer from the airport to the next place of detention took about one hour,” he told the ICRC. “I was transported sitting on the floor of a vehicle. I could see at one point that there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet-X people.” Robert Majewski, the Warsaw public prosecutor who took the witness statement cited above, has been investigating former Polish Prime Minister Leszek Miller’s government on allegations of abuse of office. One of the issues surrounding the Miller administration is its alleged secret cooperation with the CIA, and its alleged granting of free rein to the agency over the Stare Kiejkuty military base for its extraterritorial rendition program and torture interrogations. Majewski is also investigating whether the Polish intelligence agency, WSI, made 20 of its agents available to the CIA. Recently, two Polish journalists, Mariusz Kowalewski and Adam Krzykowski, have discovered flight record books from Szymany that had been declared lost. Based on these documents, and on a number of interviews with sources, the two journalists have put together a patchwork of evidence pointing to the CIA’s use of Stare Kiejkuty for secret rendition and torture purposes. They say that they lack a final piece of proof—that CIA interrogator Deuce Martinez, one of the primary interrogators of Mohammed, was in Poland at the time of Mohammed’s detention in Stare Kiejkuty. Rumors abound of Martinez’s presence, but Kowalewski and Krzykowski lack the evidence to prove it. Much of Kowalewski and Krzykowski’s reporting has been confirmed by a 2007 investigation conducted by the special investigator for the Council of Europe, Dick Marty. A WSI official told the Marty investigators, “The order to give the CIA everything they needed came from the very top, from the president,” meaning former President Aleksander Kwasniewski, who denies the allegation. The CIA has always denied any knowledge of, or involvement with, such a facility. [Der Spiegel (Hamburg), 4/27/2009]

Entity Tags: Khalid Shaikh Mohammed, Der Spiegel, Central Intelligence Agency, Aleksander Kwasniewski, Adam Krzykowski, Deuce Martinez, International Committee of the Red Cross, Dick Marty, Robert Majewski, Leszek Miller, Mariusz Kowalewski, Eurocontrol, Stare Kiejkuty, Wojskowe Sluzby Informacyjne

Timeline Tags: Torture of US Captives

Former Bush National Security Adviser and Secretary of State Condoleezza Rice, who has returned to Stanford University to teach political science and serve as a senior fellow at the university’s conservative Hoover Institute [Stanford University News, 1/28/2009] , refuses to take any responsibility for the Bush administration’s torture policies. All she ever did, she tells students, was “convey… the authorization of the administration” (see Late 2001-Early 2002, April 2002 and After, Mid-May, 2002, July 17, 2002, September or October 2002, Summer 2003, May 3, 2004, and April 9, 2008). However, Rice adds, since President Bush authorized the torture program, it was by definition legal, no matter what domestic law or international treaties stipulated. “The president instructed us that nothing we would do would be outside of our obligations, legal obligations under the Convention Against Torture” (see October 21, 1994), she says. “So that’s—and by the way, I didn’t authorize anything. I conveyed the authorization of the administration to the agency, that they had policy authorization, subject to the Justice Department’s clearance. That’s what I did.” Asked if waterboarding constitutes torture, Rice responds: “I just said, the United States was told, we were told, nothing that violates our obligations under the Convention Against Torture. And so by definition, if it was authorized by the president, it did not violate our obligations under the Convention Against Torture.” Ali Frick, a reporter with the progressive news Web site Think Progress, writes in response: “Rice is attempting to hide her central role in approving torture.… Rice’s opinion that a presidential authorization—‘by definition’—grants something legality is deeply disturbing. In fact, the United States—and its president—are bound by US statute and international treaties that ban the use of cruel, humiliating, degrading treatment, the infliction of suffering, and the attempt to extract coerced confessions. Memo to Rice: Bush may have been ‘the Decider,’ but he didn’t have the authority to make an illegal act magically legal.” [Think Progress, 4/30/2009] In the same conversation, Rice seems to say that al-Qaeda poses a greater threat to the US than did Nazi Germany, and again denies that the US ever tortured anyone. A student asks, “Even in World War II facing Nazi Germany, probably the greatest threat that America has ever faced—” and Rice interjects, “Uh, with all due respect, Nazi Germany never attacked the homeland of the United States.” “No, but they bombed our allies—” the student replies, and Rice once again interrupts: “No, just a second, just a second. Three thousand Americans died in the Twin Towers and the Pentagon [referring to the 9/11 attacks].” The student observes, “500,000 died in World War II—” to which Rice replies, “Fighting a war in Europe.” The student continues, ”—and yet we did not torture the prisoners of war.” Rice says, “We didn’t torture anybody here either.” [Think Progress, 4/30/2009]

Entity Tags: US Department of Justice, Bush administration (43), Ali Frick, Al-Qaeda, Convention Against Torture, George W. Bush, Condoleezza Rice

Timeline Tags: Torture of US Captives

Fox News correspondent Molly Henneberg, during a broadcast of Fox’s “straight news” show America’s Newsroom, repeats the false claim made by religious groups that the Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA) would allow individuals or groups to “be prosecuted for their religious beliefs.” Some conservative religious groups have claimed that, under the proposed legislation, they could be, in Henneberg’s words, “prosecuted for their religious beliefs if they believe that homosexuality is a sin, that it could gag ministers who preach that, or even if a church may not want to marry a gay couple. There is concern that they could face lawsuits as well.” Henneberg fails to report that Section 8 of the bill says: “Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the Constitution,” and the First Amendment to the Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The House Judiciary Committee’s report on the bill clearly states, “Nothing in this legislation would prohibit the constitutionally protected expression of one’s religious beliefs.” Henneberg does not report the committee’s finding. Later in the broadcast, anchor Bill Hemmer notes that supporters claim “there’s nothing in this law that will stymie the free expression of any religion” (see October 13, 2009). [Media Matters, 4/29/2009]

Entity Tags: Fox News, Bill Hemmer, Local Law Enforcement Hate Crimes Prevention Act, House Judiciary Committee, Molly Henneberg

Timeline Tags: Domestic Propaganda

Ali Saleh Kahlah al-Marri, a Qatari held without charge for seven years by the Bush administration on suspicion of being an al-Qaeda sleeper agent (see December 12, 2001 and June 23, 2003), pleads guilty to one felony count of providing material support to a terrorist organization. Al-Marri was released from the Naval Brig in Charleston on order of the Obama administration’s Justice Department and charged with multiple counts of supporting terrorism (see February 27, 2009). He faces up to 15 years in prison. Until accepting the plea, al-Marri has always denied any connection with al-Qaeda or with Islamist terrorism. Attorney General Eric Holder says of the al-Marri plea: “Without a doubt, this case is a grim reminder of the seriousness of the threat we as a nation still face. But it also reflects what we can achieve when we have faith in our criminal justice system and are unwavering in our commitment to the values upon which the nation was founded and the rule of law.” Lawrence Lustberg, one of al-Marri’s lawyers, says his client agreed to the plea bargain “because he wanted to go home,” and because of fears that a jury trial might end up with al-Marri serving 30 years and not a maximum of 15. (Holder rejected earlier plea deals, insisting that al-Marri serve at least 15 years in prison.) Court papers show that al-Marri was an al-Qaeda agent, with close ties to alleged 9/11 plotter Khalid Shaikh Mohammed. Al-Marri admitted to attending al-Qaeda training camps between 1998 and 2001, and to coming to the US at Mohammed’s direction (see September 10, 2001). The plan was for al-Marri to stay in contact with Mohammed using code names—al-Marri was “Abdo” and Mohammed was “Muk,” apparently short for his nickname “Mukhtar” (see August 28, 2001)—and a Hotmail email account. Documents confirming this were found at an al-Qaeda safe house in Pakistan. Al-Marri’s attempts to contact both Mohammed and al-Qaeda financier Mustafa al-Hawsawi after the 9/11 attacks were unsuccessful. Al-Marri also conducted research on the effects of cyanide gas, and on potential targets for terrorist attacks, including waterways, dams, and tunnels. Al-Marri’s plea agreement says that he will be deported to Saudi Arabia or Qatar when his sentence is completed, or perhaps sooner. The judge in the case, Michael Mihm, has not yet ruled whether al-Marri will be given credit for the seven years he served in the Charleston brig. [Politico, 4/30/2009; New York Times, 4/30/2009; US Newswire, 4/30/2009]

Entity Tags: Eric Holder, Ali Saleh Kahlah al-Marri, Al-Qaeda, Bush administration (43), Khalid Shaikh Mohammed, Lawrence Lustberg, US Department of Justice, Michael Mihm

Timeline Tags: Torture of US Captives

The announcement that Supreme Court Justice David Souter is retiring is already sparking a tremendous fundraising effort among conservative opposition groups, according to the Congressional Quarterly. “This is a nuclear weapon for the conservatives out there,” says conservative fundraiser Dan Morgan. “When you do fundraising, there’s an emotional component in this, and boy the emotion is there magnified times 100.” President Obama is expected to choose a replacement for Souter who is somewhat left of center, a choice that will be portrayed by right-wing groups as a threat to their positions on abortion, gun rights, gay marriage, and property rights, among other “hot-button” social and legal issues (see May 26, 2009). The upshot: lots of money gathered to oppose Obama’s prospective nominee. “Although Souter may be a more difficult case to make as his voting record is center-left, it does open the door for discussion of who, and how left a replacement, President Obama may choose,” says veteran Republican fundraiser Linus Catignani. “It also gives clarity to the power of the presidency and generates lots of chatter regarding the fact that Obama may make up to four replacements in short order. That obviously paints a very scary picture for many conservatives.” Catignani says that when conservative Justices John Roberts and Samuel Alito (see September 29, 2005 and October 31, 2005 - February 1, 2006) were nominated, Republican fundraisers used them as touchstones for their efforts to gather money—that time in the interest of promoting and defending the nominees. Democrats used their nominations to raise funds in opposition, much as Republicans are doing now, and Democrats will use the nomination to raise funds in defense of Obama’s nominee. Souter’s replacement will energize and invigorate a flagging and dispirited conservative base, says former Democratic National Committee Chairman Steve Grossman. “This can be a catalyst properly handled that can get people back into a sense of stakeholdership.” It can also be used to energize Democrats to fund efforts to thwart the Republicans’ own efforts to derail the nomination. Morgan says: “The Supreme Court is great. That’s going to be mail, that’s going to be phone calls. The clients I work with are in meetings already. There are letters being written already.” [Congressional Quarterly, 5/1/2009]

Entity Tags: Linus Catignani, Barack Obama, David Souter, Sonia Sotomayor, Dan Morgan, Steve Grossman, US Supreme Court

Timeline Tags: Civil Liberties

Bryce Lefever, a former military psychologist who worked with the US military’s SERE (Survival, Evasion, Resistance, and Escape) program, says the techniques reverse-engineered from the program and used to torture terrorism suspects in US custody are justified. Lefever has worked with two military psychologists, James Mitchell and Bruce Jessen, since 1990, developing techniques for SERE training. That training helps prepare US soldiers to resist torture if they are captured by enemy forces and interrogated. Mitchell and Jessen helped create the torture program of interrogation used by the US against suspected terrorists (see January 2002 and After, April 16, 2002, and Mid-April 2002). Lefever himself served as a military psychologist at Bagram Air Base in Afghanistan, where prisoners were routinely tortured and brutalized.
Patriots - Unlike many critics who have attacked the psychologists’ lack of ethics and concern, Lefever calls Mitchell and Jessen patriots. “I think the media ought to give us a big ol’ thank you for our efforts on behalf of America,” Lefever says. “There should be some recognition of the effort—the really extreme effort—that we’ve gone through to help.”
Ethically Compelled to Construct Torture Program - Lefever says the criticism of Mitchell and Jessen is unfounded and stems from a basic misunderstanding of the ethical mission of psychologists. “[T]he idea that they would be involved in producing some pain just seems at first blush to be something that would be wrong, because we ‘do no harm,’” he says, but “the ethical consideration is always to do the most good for the most people.” Because torturing a “few” prisoners might well produce intelligence that would help prevent another attack on the magnitude of 9/11, Lefever says, it was incumbent on Mitchell, Jessen, and himself to use their knowledge of SERE tactics to construct an interrogation program that might elicit such actionable intelligence. “America’s house was broken into on 9/11 and someone had to raise their hand to stop it,” he says. “And early on there was a sense of desperation in intelligence-gathering.” Lefever has no doubts that torture works to produce reliable intelligence. “You know, the tough nut to crack, if you keep him awake for a week, you torture him, you tie his arms behind him, you have him on the ground—anyone can be brought beyond their ability to resist.” Indeed, he says, it would have been unethical for him not to come forward: “America is my client; Americans are who I care about. I have no fondness for the enemy and I don’t feel like I need to take care of their mental health needs.” Mitchell, Jessen, and other military psychologists felt the same way, he says. “Anyone who wants to throw stones in this situation really needs to step back and figure out what they themselves would do in these situations and not just be ‘ivory tower’ critics,” he notes. “Most of the time they have no idea what they’re talking about.” [National Public Radio, 5/4/2009]
Accused of Abandoning Ethical Code - Psychologist Stephen Soldz, who writes for the organization Psychoanalysts for Peace and Justice, is highly critical of Lefever’s stance, accusing him of renouncing the psychologists’ code of ethics, and notes that Lefever implicitly acknowledges that SERE tactics were used on US detainees, an admission CIA and Pentagon officials have been loath to make. [Psychoanalysts for Peace and Justice, 5/4/2009]

Entity Tags: James Elmer Mitchell, Bruce Jessen, Bryce Lefever, Stephen Soldz

Timeline Tags: Torture of US Captives

Atlantic columnist Ta-Nehisi Coates lambasts law professor Jeffrey Rosen for his recent analysis of prospective Supreme Court nominee Sonia Sotomayor (see May 4, 2009). Citing Rosen’s line, “I haven’t read enough of Sotomayor’s opinions to have a confident sense of them, nor have I talked to enough of Sotomayor’s detractors and supporters, to get a fully balanced picture of her strengths,” Coates responds: “Rosen is attacking Sotomayor’s ability to do the necessary intellectual heavy-lifting, while explicitly neglecting to do any of his own. In this instance, his piece reads like a burglar’s brief against rampant criminality. Authored mid-robbery, no less.” She also slams her Atlantic colleague Marc Ambinder’s criticisms of Sotomayor (see May 5, 2009), noting, “You don’t get to be the ‘respectable intellectual center’ and then practice your craft in the gossip-laden, ignorant muck.” [Atlantic Monthly, 5/5/2009] Former civil litigator Glenn Greenwald joins Coates in criticizing the early attacks on Sotomayor. Greenwald calls Rosen’s reliance on anonymous sources to attack Sotomayor’s character and professional conduct “shoddy, irresponsible, and… intellectually irresponsible,” and cites several instances where Rosen’s reporting has been countered by sources willing to go on the record. Greenwald writes of his amazement at how quickly Sotomayor has been “transformed in conventional wisdom, largely as a result of Rosen’s piece, into a stupid, shrill, out-of-her-depth Puerto Rican woman who is being considered for the Supreme Court solely due to anti-merit, affirmative action reasons.” Greenwald writes that he twice faced Sotomayor in court, and found her “extremely perceptive, smart, shrewd, and intellectually insightful.” She could be forceful, “at times unpleasantly so,” he recalls, and remembers being dressed down by her for a “substantial procedural mistake” he committed, but notes that such behavior by judges “is the opposite of uncommon.” Greenwald writes that behavior usually characterized as “tough,” “forceful,” and “authoritative” by white males is often reworked into characterizations of “domineering” and “egotistical” when the same behaviors are exhibited by women. Greenwald also notes that Rosen was one of the strongest media voices in favor of the nomination of conservative jurist John Roberts (see September 29, 2005) to the Court. [Salon, 5/5/2009] Less than a month later, Sotomayor will be nominated to the Court (see May 26, 2009).

Entity Tags: Glenn Greenwald, Sonia Sotomayor, Ta-Nehisi Coates, US Supreme Court, Marc Ambinder, Jeffrey Rosen

Timeline Tags: Domestic Propaganda

Fox News legal analyst Andrew Napolitano, a former federal judge and a guest on Fox News host Glenn Beck’s broadcast, advocates repealing the 16th Amendment, something he has done previously on Beck’s show (see April 28, 2009). Beck asks about “this solution that you and I have talked about on a constitutional amendment, or a threat of a constitutional amendment.” Napolitano replies: “If two-thirds of the states ask the Congress to call a constitutional convention to consider the adoption of this amendment, which I’ll describe in a moment, as it gets closer and closer to the two-thirds necessary and Congress would be required to call the convention, you’ll see some reaction on the part of Congress to attempt to placate the states that want to call this. Now, the constitutional amendment is a simple one. It simply abolishes the 16th Amendment and states affirmatively that Congress shall have no power to tax the personal incomes of individual persons. If that were enacted, it would starve the federal government back into the original footprint that the founders intended for it. But as it gets closer to enactment, Congress will have to do something for fear that it might be enacted.” [Glenn Beck, 5/6/2009; Media Matters, 9/7/2010] The 16th Amendment allows Congress to collect income taxes. It was passed by Congress and submitted to the states in 1909 and ratified in 1913, both under President William Howard Taft. Recently, far-right Republicans (see 1951-1967, 1970-1972, 1976-1978, Early 1980s, and 1985) and tea party activists have begun calling for its repeal, joined by some members of Congress (see April 28, 1999). [Media Matters, 9/7/2010; Legal Information Institute, 2011]

Entity Tags: Glenn Beck, Andrew Napolitano, Fox News

Timeline Tags: Civil Liberties, Domestic Propaganda

A photo from Glenn Beck’s ‘The Civilest War’ broadcast on Fox News. Beck is at far left.A photo from Glenn Beck’s ‘The Civilest War’ broadcast on Fox News. Beck is at far left. [Source: Fox News]Fox News talk show host Glenn Beck writes an article for Fox News promoting his upcoming special program The Civilest War, which he says is an expose of the “tyranny” of the Federal Reserve over the American economy. Beck compares the program to the popular science fiction movie The Matrix, explaining that in the movie: “Nothing was real, the world people lived in was a fabrication—a computer program. Our lives have been like that movie and it is not about Barack Obama. It’s about Obama and [George W.] Bush and [Bill] Clinton and [George H. W.] Bush. It has been going on for years, it is just a play and it goes back to the progressive movement—on both sides of the aisle. In the movie the hero is offered two pills: red to learn the truth about the Matrix; blue to go on living blissfully ignorant to what is really going on. The way to take our country back will short-circuit the Matrix we are living in. And it has to do with gun rights, state’s rights, and what I call the civilest war. It is too much to get into now—but next week take the ‘red pill’ and get the truth.” The hour-long program begins with an adaptation of the famous poem by Martin Niemoller, rewritten by Beck as follows: “I think this is the problem. First they came for the banks. I wasn’t a banker, I didn’t really care. I didn’t stand up and say anything. Then they came for the AIG executives. Then they came for the car companies. Until it gets down to you. Most people don’t see—they are coming for you at some point! You’re on the list! Everybody’s on the list. You may not be rich—as currently defined.” The show features a Utah Republican legislator accusing the federal government of imposing “tyranny” on the citizenry, neo-Confederate historian Kevin Gutzman who gives a very different explanation of the meaning of “constitutional” liberties that would abolish suffrage for women and rights for minorities, and a Montana militia member, Gary Marbut, who concludes that the most sacred rights of the US citizen are to keep and bear arms. [Fox News, 5/2009; Fox News, 5/8/2009; Crooks and Liars, 5/15/2009] Author David Neiwert, an expert on right-wing extremism, notes that the ideas Beck is promoting in The Civilest War are identical to those promulgated by far-right “Patriot” and militia movements in the 1990s, including the idea of absolute “state sovereignty” (see 1983-1995). The ultimate idea behind Beck’s proposals, Neiwert writes, is the dissolution of the federal government and the transformation of the United States into 50 independent and disparate national entities. One of the earliest proponents of Beck’s ideas, Neiwert writes, was former Colorado state legislator Charles Duke (R-CO—see May 15-21, 1996), who still has deep ties to militia and anti-government organizations in the Western states. [Crooks and Liars, 5/15/2009; Crooks and Liars, 5/15/2009]

Entity Tags: Gary Marbut, Charles Duke, Barack Obama, Fox News, William Jefferson (“Bill”) Clinton, Martin Niemoller, David Neiwert, Glenn Beck, US Federal Reserve, George W. Bush, George Herbert Walker Bush, Kevin Gutzman

Timeline Tags: Domestic Propaganda

In an interview on CBS’s Face the Nation, former Vice President Dick Cheney acknowledges that President Bush knew of the torture program as performed under his administration. However, he again says that in his view the practices employed by the US on enemy detainees did not constitute torture (see December 15, 2008). He also reiterates earlier claims that by dismantling Bush-era policies on torture and warrantless wiretapping, the Obama administration is making the country more vulnerable to terrorist attacks (see January 22, 2009, January 22, 2009, January 23, 2009, February 2009, March 17, 2009, March 29, 2009, April 20, 2009, April 21, 2009, April 22, 2009, April 22, 2009, April 22, 2009, April 23, 2009, and April 26, 2009), and reiterates his claim that classified documents will prove that torture was effective in producing actionable intelligence (see April 20, 2009).
Claims Documents Prove Efficacy of Torture - Cheney says: “One of the things that I did six weeks ago was I made a request that two memos that I personally know of, written by the CIA, that lay out the successes of those policies and point out in considerable detail all of—all that we were able to achieve by virtue of those policies, that those memos be released, be made public (see April 22, 2009). The administration has released legal opinions out of the Office of Legal Counsel. They don’t have any qualms at all about putting things out that can be used to be critical of the Bush administration policies. But when you’ve got memos out there that show precisely how much was achieved and how lives were saved as a result of these policies, they won’t release those. At least, they haven’t yet.” Host Bob Schieffer notes that Attorney General Eric Holder has denied any knowledge of such documents, and that other administration officials have said that torture provided little useful information. Cheney responds: “I say they did. Four former directors of the Central Intelligence Agency say they did, bipartisan basis. Release the memos. And we can look and see for yourself what was produced.” Cheney says the memos specifically discuss “different attack planning that was under way and how it was stopped. It talks [sic] about how the volume of intelligence reports that were produced from that.… What it shows is that overwhelmingly, the process we had in place produced from certain key individuals, such as Khalid Shaikh Mohammed and Abu Zubaida (see After March 7, 2003), two of the three who were waterboarded.… Once we went through that process, he [Mohammed] produced vast quantities of invaluable information about al-Qaeda” (see August 6, 2007). Opponents of Bush torture policies, Cheney says, are “prepared to sacrifice American lives rather than run an intelligent interrogation program that would provide us the information we need to protect America.”
Bush Knew of Torture Program - Cheney also acknowledges that then-President Bush knew of the torture program, saying: “I certainly, yes, have every reason to believe he knew—he knew a great deal about the program. He basically authorized it. I mean, this was a presidential-level decision. And the decision went to the president. He signed off on it.” Cheney concludes by saying that he would be willing to testify before Congress concerning the torture program and his administration’s handling of its war on terror, though he refuses to commit to testifying under oath. [Congressional Quarterly, 5/10/2009; CBS News, 5/10/2009 pdf file]

Entity Tags: Khalid Shaikh Mohammed, Abu Zubaida, George W. Bush, Obama administration, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives

Lieutenant General Stanley McChrystal.Lieutenant General Stanley McChrystal. [Source: DoD photo by Helene C. Stikkel/Released, via Reuters]Secretary of Defense Robert Gates and the chairman of the Joint Chiefs of Staff Admiral Michael Mullen announce the nomination of controversial former special/black operations commander Lieutenant General Stanley McChrystal to replace the top US commander in Afghanistan, General David McKiernan. At the Pentagon, Gates explains that “new leadership and fresh eyes” are needed to reverse the course of the seven-year-old war. “We have a new strategy, a new mission, and a new ambassador. I believe that new military leadership also is needed,” he says. The White House confirms that President Obama has signed off on the nomination. McChrystal is the former commander of the secretive Joint Special Operations Command (JSOC), which during his tenure was tied to prisoner abuse and covert assassinations in Iraq, as well as controversy in the military’s handling of the death of Pat Tillman in Afghanistan. McKiernan will remain in place until the Senate confirms the appointments of McChrystal and his designated deputy, Lieutenant General David Rodriguez, also a veteran of elite US forces. Both officers have experience in Afghanistan and have more familiarity with counterinsurgency operations than McKiernan. Gates says that McChrystal and Rodriguez will “bring a unique skill set in counterinsurgency to these issues, and I think that they will provide the kind of new leadership and fresh thinking that [Admiral Mike Mullen] and I have been talking about.” [CNN, 5/11/2009; Army Times, 5/11/2009]
Prisoner Abuse, Geneva Convention Violations - Under McChrystal’s command, the Joint Special Operations Command supplied elite troops to a secret unit known variously as Task Force 626 and Task Force 121, based at Camp Nama (an acronym for “nasty ass military area”) near Baghdad. A Human Rights Watch report found evidence that the task force engaged in prisoner torture and abuse, and that the JSOC command likely violated the Geneva Conventions (see November 2004). According to the report, which was based on soldier testimony, inmates at the camp were subjected to beatings, exposure to extreme cold, threats of death, humiliation, and various forms of psychological abuse or torture. The report’s sources claimed that written authorizations were required for abusive techniques—indicating that the use of these tactics was approved up the chain of command—and that McChrystal denied the Red Cross and other investigators access to Camp Nama, a violation of the Geneva Conventions. [New York Times, 3/19/2006; Sifton and Garlasco, 7/22/2006; Daily Telegraph, 5/17/2009]
Secret Assassinations - During McChrystal’s tenure as head of JSOC, he led campaigns to track down, capture, or kill enemies. To this end, McChrystal built a sophisticated network of soldiers and intelligence operatives to assassinate Sunni insurgent leaders and decapitate al-Qaeda in Iraq. He is also understood to have led the hunt for Osama bin Laden and other al-Qaeda leaders in Afghanistan and Pakistan. However, a Human Rights Watch report on the secret units under JSOC command states that although targets included Saddam Hussein and Abu Musab Al-Zarqawi, the operations also swept up “hundreds of anonymous, and often innocent, detainees.” One senior Pentagon officer, quoted by the Washington Post, warns, “People will ask, what message are we sending when our high-value-target hunter is sent to lead in Afghanistan?” [Sifton and Garlasco, 7/22/2006; Washington Post, 5/13/2009] Newsweek has noted that JSOC is likely part of what then-Vice President Dick Cheney was referring to when he said America would have to “work the dark side” after 9/11 (see September 16, 2001). [Newsweek, 6/26/2006] Furthermore, investigative reporter Seymour Hersh has reported that JSOC ran what he called an “executive assassination wing” that reported directly to Cheney’s office, which then cleared lists of people to be targeted for assassination by secret JSOC units (see March 10, 2009 and March 31, 2009).
Pat Tillman Silver Star Controversy - The Pentagon’s inspector general found McChrystal responsible for promulgating false and misleading information in the aftermath of the “friendly fire” death of Pat Tillman in 2004. In the controversy, McChrystal had approved paperwork recommending Tillman for a silver star, which stated that he died from “devastating enemy fire,” despite knowledge of internal investigations pointing to friendly fire as the cause of death (see April 29, 2004) and April 23-Late June, 2004). McChrystal then backtracked only when he learned that then-President Bush was about to quote from the misleading silver star citation in a speech. The US Army later overruled the Pentagon inspector general’s recommendation that McChrystal be held accountable for his actions. [Washington Post, 8/4/2007; Daily Telegraph, 5/17/2009]

Entity Tags: Seymour Hersh, Task Force 121, Robert M. Gates, Task Force 626, Richard (“Dick”) Cheney, David Rodriguez, Obama administration, Camp Nama, David D. McKiernan, Human Rights Watch, Joint Special Operations Command, Michael Mullen, Pat Tillman, Stanley A. McChrystal

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Former Vice President Dick Cheney praises President Obama’s choice of Stanley McChrystal to replace General David McKiernan as the top commander in Afghanistan. In an interview with Fox News’s Neil Cavuto, Cheney says that the Obama administration’s decision to assign Lieutenant General Stanley McChrystal the top job in Afghanistan is a good one. “I think the choice is excellent.… Stan is an absolutely outstanding officer,” Cheney tells Cavuto. “I think you would be hard put to find anybody better than Stan McChrystal to take on that assignment.” [Your World with Neil Cavuto, Fox News, 5/13/2009] In a 2006 profile of McChrystal, Newsweek noted that the secretive Joint Special Operations Command (JSOC), which McChrystal then headed, was likely part of what Cheney was referring to when he said America would have to “work the dark side” after 9/11 (see September 16, 2001). [Newsweek, 6/26/2006]

Entity Tags: Richard (“Dick”) Cheney, Stanley A. McChrystal, Obama administration

Timeline Tags: War in Afghanistan

Fox News’s Web site, Fox Nation, features a banner advertisement for May 14’s ‘Tea Party 2.0’ events.Fox News’s Web site, Fox Nation, features a banner advertisement for May 14’s ‘Tea Party 2.0’ events. [Source: Media Matters]As it did with the April 15 “tea parties” (see April 15, 2009), Fox News actively promotes the May 14 anti-tax “tea party” protests scheduled to take place at venues around the country. The protests, dubbed “Tea Party 2.0,” are a major portion of Fox’s coverage before and during the May 14 events. On May 13, Fox News host Greta Van Susteren hosts one of the events’ highest-profile organizers, Governor Mark Sanford (R-SC), speaking on behalf of the Republican Governors Association (RGA), one of the hosts of the events. “If you wanted to go to a tea party on April 15 but could not make it or there was none in your hometown, tomorrow’s your big chance,” she says. She also asks Sanford if viewers can log on to a Web site for more information, and asks for a phone number for more information. During the interview, Fox News shows an on-screen text crawl that reads, “To sign up for Tea Party 2.0 go to: www.thegopcomeback.com” (see October 13, 2009). [Media Matters, 5/14/2009; Media Matters, 5/15/2009]

Entity Tags: Marshall Clement (“Mark”) Sanford, Jr, Fox News, Republican Governors Association, Greta Van Susteren

Timeline Tags: Domestic Propaganda, 2010 Elections

One of the billboards erected by WorldNetDaily.One of the billboards erected by WorldNetDaily. [Source: WorldNetDaily]The conservative news blog WorldNetDaily (WND), which has been at the forefront of the “birther” movement challenging President Obama’s citizenship (see August 1, 2008 and After, October 21, 2008, October 24, 2008, November 12, 2008 and After, and December 5, 2008), begins erecting billboards asking “Where’s the Birth Certificate?” Joseph Farah, editor and chief executive officer of WND, calls the billboard initiative “the truth and transparency campaign.” The first, a digital electronic billboard, is displayed along Highway 165 in Ball, Louisiana, and two more standard billboards are being prepared for display in Los Angeles and Pennsylvania. Farah says the “national [billboard] campaign is going to be big and long-lasting,” and uses WND to solicit donations for more billboards. Farah says he and the WND staff deliberately chose not to name Obama in the billboards: “There are several reasons we chose the message, ‘Where’s the birth certificate?’ There is only one birth certificate controversy in this country today—despite the near-total absence of this issue from coverage in the non-WND media. This is a grass-roots issue that resonates around the country, as our own online petition with nearly 400,000 signers suggests. In addition, I like the simplicity of the message. I like the fact that the message will cause some people to ask themselves or others about the meaning of the message. It will stir curiosity. It will create a buzz. I’m assuming when these billboards are springing up all over the country, it might even make some in the news media curious. And there’s one more factor that persuaded me this was the way to go. Come 2012, campaign laws will pose restrictions on political advertising mentioning the names of presidential candidates. This one clearly doesn’t. I would like to see the federal government make the case that this is somehow a political ad.” Farah blames “timid elected officials in Washington, corrupt judges around the country, and a news media that show a stunning lack of curiosity about the most basic facts of Obama’s background—especially how it relates to constitutional eligibility for the highest office in the land” for failing to investigate the “birther” controversy. Obama released his birth certificate in 2008 (see June 13, 2008), and since then it has been validated by multiple governmental and independent sources (see June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). Farah, however, is not convinced, and believes the birth certificate “controversy” is part of a larger, sinister scheme by the Obama administration: “As Obama transforms this country from self-governing constitutional republic to one governed by a central ruling elite, the simple fact remains that no controlling legal authority has established that he is indeed a ‘natural born citizen’ as the Constitution requires,” he says. “Obama’s promises of transparency have become a bad joke as he continues to hide simple, innocuous documents like his birth certificate and his student records.” Farah says WND is operating as an “independent watchdog on government” by launching the billboard campaign, and not acting as a partisan organization. “I wish such a campaign were not absolutely necessary,” he says. “I wish there were checks and balances in our political and electoral systems to ensure that constitutional eligibility of presidential candidates was established before politicians could assume the highest office in the land. I wish my colleagues in the news media believed the Constitution really means what it says and pressed this issue as hard as we have pressed it at WND. I wish radio talk show hosts were bold enough to ask this question. But wishing is not enough. It’s time to raise the visibility of this issue vital to the rule of law in America. I ask everyone to pitch in and help WND make a simple yet profound statement: The Constitution still matters.” [WorldNetDaily, 5/20/2009] In November 2010, WND will erect a “birth certificate” billboard along Highway 93 near Kingman, Arizona, the small town in which Oklahoma City bomber Timothy McVeigh planned the destruction of the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Other billboards will be erected in Pennsylvania, Texas, Alabama, and Delaware. [WorldNetDaily, 11/8/2010]

Entity Tags: Joseph Farah, Barack Obama, Timothy James McVeigh, WorldNetDaily

Timeline Tags: Domestic Propaganda

Former Justice Department lawyer John Yoo, who authored numerous legally untenable memos authorizing torture and the preeminence of the executive branch (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, November 6-10, 2001, and January 9, 2002), writes that in the nomination of Sonia Sotomayor to the Supreme Court (see May 26, 2009), “empathy has won out over excellence in the White House.” Yoo, who calls the Justice she is replacing, David Souter, an equally “weak force on the high court,” writes that President Obama “chose a judge distinguished from the other members of [his list of potential nominees] only by her race. Obama may say he wants to put someone on the Court with a rags-to-riches background, but locking in the political support of Hispanics must sit higher in his priorities.” Sotomayor’s record is “undistinguished,” Yoo writes, and “will not bring to the table the firepower that many liberal academics are asking for.” She will not be the intellectual and legal equal of conservatives Antonin Scalia and Clarence Thomas, he says. “Liberals have missed their chance to put on the Court an intellectual leader who will bring about a progressive revolution in the law.” Conservatives should challenge her nomination, Yoo writes, because the Court is “a place where cases are decided by a faithful application of the Constitution, not personal politics, backgrounds, and feelings. Republican senators will have to conduct thorough questioning in the confirmation hearings to make sure that she will not be a results-oriented voter, voting her emotions and politics rather than the law.” [American Enterprise Institute, 5/26/2009]

Entity Tags: US Supreme Court, Barack Obama, David Souter, Sonia Sotomayor, John C. Yoo

Timeline Tags: Domestic Propaganda

Salon columnist Glenn Greenwald notes that in 2006, conservative Supreme Court nominee Samuel Alito (see October 31, 2005 - February 1, 2006) made remarks about his ethnic identity influencing his decisions from the bench that are strikingly similar to those made in 2001 by Supreme Court nominee Sonia Sotomayor (see October 26, 2001 and May 26, 2009). Sotomayor is being called a “racist” by conservatives based on her remarks (see May 26, 2009, May 26, 2009, May 27, 2009, and May 28, 2009). In 2006, as Greenwald notes, Alito told the Senate Judiciary Committee: “[W]hen a case comes before me involving, let’s say, someone who is an immigrant—and we get an awful lot of immigration cases and naturalization cases—I can’t help but think of my own ancestors, because it wasn’t that long ago when they were in that position. And so it’s my job to apply the law. It’s not my job to change the law or to bend the law to achieve any result. But when I look at those cases, I have to say to myself, and I do say to myself, ‘You know, this could be your grandfather, this could be your grandmother. They were not citizens at one time, and they were people who came to this country.‘… When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account.” Greenwald writes, “Anyone who is objecting now to Sotomayor’s alleged ‘empathy’ problem but who supported Sam Alito and never objected to this sort of thing ought to have their motives questioned (and the same is true for someone who claims that a person who overcame great odds to graduate at the top of their class at Princeton, graduate Yale Law School, and then spent time as a prosecutor, corporate lawyer, district court judge, and appellate court judge must have been chosen due to ‘identity politics’).” [Washington Post, 1/11/2006; Salon, 5/27/2009]

Entity Tags: Samuel Alito, Glenn Greenwald, US Supreme Court, Sonia Sotomayor, Senate Judiciary Committee

Timeline Tags: Domestic Propaganda

Former White House political director Karl Rove continues his attacks on Supreme Court nominee Sonia Sotomayor (see May 26, 2009). In a column for the Wall Street Journal, Rove echoes former Justice Department official John Yoo in claiming that the Obama administration chose “empathy” over capability in Sotomayor’s selection (see May 26, 2009). Rove goes one step further than Yoo in equating Sotomayor’s “empathy” with “liberal judicial activism.” “‘Empathy’ is the latest code word for liberal activism,” Rove writes, “for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn’t pass the legislative branch or, if it did, would generate voter backlash.” He accuses Sotomayor, and indirectly President Obama, of a “readiness to discard the rule of law whenever emotion moves them.” He also accuses Obama of attempting to “placate Hispanic groups who’d complained of his failure to appoint more high profile Latinos to his administration.… Mr. Obama also hopes to score political points as GOP senators oppose a Latina. Being able to jam opponents is a favorite Chicago political pastime.” Rove advises Republicans to use Sotomayor’s nomination as an opportunity to “stress their support for judges who strictly interpret the Constitution and apply the law as written.” He notes: “A majority of the public is with the GOP on opposing liberal activist judges. There is something in our political DNA that wants impartial umpires who apply the rules, regardless of who thereby wins or loses.” [Wall Street Journal, 5/28/2009] Hours after his attack column is printed, Rove tells a Fox News audience that Republicans need to treat Sotomayor with “respect” and criticize her over her “philosophy,” not her background. [Think Progress, 5/29/2009]

Entity Tags: Obama administration, Barack Obama, Karl C. Rove, US Supreme Court, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

President Barack Obama lambasts critics of Supreme Court nominee Sonia Sotomayor (see May 26, 2009) for their attacks on her (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, and May 29, 2009). Obama says that Sotomayor regrets her choice of words in a 2001 speech in which she said a “wise Latina” judge would often make better decisions than a white male (see October 26, 2001), but goes on to condemn “all this nonsense that is being spewed out” by critics who have accused her of racism and belonging to racist groups. Of her speech, Obama says: “I’m sure she would have restated it. But if you look in the entire sweep of the essay that she wrote, what’s clear is that she was simply saying that her life experiences will give her information about the struggles and hardships that people are going through. That will make her a good judge.” White House spokesman Robert Gibbs says of the racial accusations: “It’s sort of hard to completely quantify the outrage I think almost anybody would feel at the notion that you’re being compared to somebody who used to be a member of the Ku Klux Klan. It’s amazing.” Republican strategist John Ullyot, who worked on judicial nominations as a Congressional staffer, says that “any comments politically on race or gender are fraught with peril for Republicans.” He continues: “A few conservatives from outside of the Senate, in their zeal to pick a fight over Obama’s nominee, decided to get very ugly very quickly. No one in the Senate has followed along, and that’s the loudest condemnation you can have.” Ullyot fails to mention attacks from Republican Senators James Inhofe (R-OK) and Jeff Sessions (R-AL—see May 26, 2009). [Washington Post, 5/29/2009]

Entity Tags: John Ullyot, Barack Obama, US Supreme Court, Robert Gibbs, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo.A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo. [Source: Council of Conservative Citizens / Think Progress]The Council of Conservative Citizens (CofCC), a pro-segregation group that the Southern Poverty Law Center has called “brazenly racist,” posts a doctored photograph of Supreme Court nominee Sonia Sotomayor (see May 26, 2009) on its Web site. The altered photograph depicts Sotomayor wearing what appears to be a robe and hood similar to those worn by members of the Ku Klux Klan. The robe has a raised fist and the words “La Raza.” Sotomayor is a member of the National Council of La Raza (NCLR), a Hispanic civil rights organization which some conservatives have falsely claimed is a racist organization (see May 28, 2009 and May 29, 2009). An NCLR spokesman confirms that the logo in the photograph is not used on any basis by the organization. [Think Progress, 6/2/2009]

Entity Tags: National Council of La Raza, Council of Conservative Citizens, US Supreme Court, Sonia Sotomayor, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

After meeting with Supreme Court nominee Sonia Sotomayor (see May 26, 2009), Senator Lindsey Graham (R-SC) says he has fundamental questions about her judicial philosophy and temperament, and adds he will likely not vote to confirm her to the high court. “I was very direct,” he tells reporters of his conversation with Sotomayor. “I have to decide how to play this game, quite frankly. If I use the same standard that Senator [Barack] Obama used, then I would not vote for you, quite frankly.” Graham is referring to votes cast by then-Senator Obama against Justices John Roberts (see September 29, 2005) and Samuel Alito (see October 31, 2005 - February 1, 2006) in which Graham asserts that Obama voted against them on ideological grounds. “He used a standard, I think, that makes it nearly impossible for a person from the opposite party to vote for the nominee,” Graham says. Many political observers feel that Graham is something of a bellwether of Republican sentiment; a former judge advocate general officer, Graham is considered one of the better legal minds in the party, and his opinion carries great weight with his colleagues. Other Republicans may follow his lead in coming out in public opposition to the nominee. Graham says he asked Sotomayor about her “wise Latina” comment (see October 26, 2001), but refuses to say how she responded. Graham also says he has questions about her temperament, saying that while she was friendly in the meeting, he cannot ignore other lawyers’ negative assessments of her personality (see May 4, 2009). “I think she does have the intellectual capacity to do the job,” Graham says. “But there’s a character problem. There’s a temperament problem that they—during the time they’ve had to be a judge, that they were more of an advocate than an impartial decider of the law. And I’ve got to find out, in my own mind” about her temperament. [Politico, 6/3/2009] On Fox News, Graham contradicts his earlier assessment, saying that Sotomayor has “sterling character.” [Think Progress, 6/3/2009]

Entity Tags: US Supreme Court, Lindsey Graham, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

Republican National Committee chairman Michael Steele implies that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) has racist tendencies, a week after urging fellow Republicans to stop “slammin’ and rammin’” Sotomayor over the issue of race and deal with her nomination on the issues (see May 29, 2009). While guest-hosting William Bennett’s radio show, Steele discusses criticisms that have been made of Sotomayor. “[T]he comments that she made that have been played up about, you know, the Latina woman being a better judge than the white male is something that she has said on numerous occasions,” Steele tells a caller (see October 26, 2001). “So this was not just the one and only time it was said. They’ve now found other evidences and other speeches… that she has made mention of this, this fact that her ethnicity, that her cultural background puts her in a different position as a judge to judge your case.… And God help you if you’re a white male coming before her bench.” A recent analysis of Sotomayor’s decisions as a judge in race-based cases proves that she does not discriminate against white plaintiffs (see May 29, 2009). [Think Progress, 6/5/2009] Four days later, Steele will defend his remarks. “Well, that’s not inflammatory,” he tells a CNN audience. “It’s based off of what—the inference that she left and what she said. You know, if you have a judge, where you have a situation where you have—you’re going before a trier of fact, and the trier of fact is on record as saying that this individual’s background experience is better positioned to make a decision than someone else, that gives one pause. And so my view of it was, in looking at it, you’re now segregating out white men by your comments. So, God help you if you’re a white male. If you’re seeking justice, this may not be the bench you want to go before.” [Think Progress, 6/10/2009]

Entity Tags: Republican National Committee, US Supreme Court, Sonia Sotomayor, Michael Steele

Timeline Tags: Domestic Propaganda

Former House Speaker Newt Gingrich, who recently seemed to retract his characterization of Supreme Court nominee Sonia Sotomayor as a “racist” (see May 27, 2009 and June 3, 2009), now calls Sotomayor a “racialist.” On CBS News’s Face the Nation, Gingrich says: “When I did a Twitter about her, having read what she said, I said that was racist—but I applied it to her as a person. And the truth is I don’t know her as a person. It’s clear that what she said was racist, and it’s clear—or as somebody wrote recently, ‘racialist’ if you prefer.” [Think Progress, 6/7/2009]

Entity Tags: US Supreme Court, Newt Gingrich, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

Former President George H. W. Bush condemns the right-wing attacks against Supreme Court nominee Sonia Sotomayor (see May 26, 2009), speaking out specifically against the charges that she has racist tendencies (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, June 2, 2009, June 5, 2009, and June 7, 2009). “I don’t know her that well but I think she’s had a distinguished record on the bench and she should be entitled to fair hearings,” he says. “Not—[it’s] like the senator John Cornyn said it (see May 28-31, 2009). He may vote for it, he may not. But he’s been backing away from these… backing off from those radical statements to describe her, to attribute things to her that may or may not be true.… And she was called by somebody a racist once. That’s not right. I mean that’s not fair. It doesn’t help the process. You’re out there name-calling. So let them decide who they want to vote for and get on with it.” [Think Progress, 6/12/2009]

Entity Tags: US Supreme Court, John Cornyn, Sonia Sotomayor, George Herbert Walker Bush

Timeline Tags: Domestic Propaganda

The CIA releases heavily redacted documents containing statements by Guantanamo detainees concerning their allegations of torture and abuse at the hands of CIA personnel. The documents are released as part of a Freedom of Information Act (FOIA) lawsuit filed by the American Civil Liberties Union (ACLU). The lawsuit seeks uncensored transcripts from Combatant Status Review Tribunals (CSRTs) that determine if prisoners held by the Defense Department at Guantanamo qualify as “enemy combatants.” Previously released versions were redacted so heavily as to contain almost no information about abuse allegations; the current versions, while still heavily redacted, contain some new information. ACLU attorney Ben Wizner, the lead attorney on the FOIA lawsuit, says: “The documents released today provide further evidence of brutal torture and abuse in the CIA’s interrogation program and demonstrate beyond doubt that this information has been suppressed solely to avoid embarrassment and growing demands for accountability. There is no legitimate basis for the Obama administration’s continued refusal to disclose allegations of detainee abuse, and we will return to court to seek the full release of these documents.” The ACLU press release notes, “The newly unredacted information includes statements from the CSRTs of former CIA detainees,” and includes quotes from alleged 9/11 mastermind Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003); alleged high-level al-Qaeda operative Abu Zubaida (see Mid-May 2002 and After); and accused terrorists Abd al-Rahim al-Nashiri (see (November 2002)) and Majid Khan (see March 10-April 15, 2007). These statements include details about their treatment, which the ACLU refers to as “torture and coercion”:
Abu Zubaida - “After months of suffering and torture, physically and mentally, they did not care about my injuries that they inflicted to my eye, to my stomach, to my bladder, and my left thigh and my reproductive organs. They didn’t care that I almost died from these injuries. Doctors told me that I nearly died four times.… They say ‘this in your diary.’ They say ‘see you want to make operation against America.’ I say no, the idea is different. They say no, torturing, torturing. I say ‘okay, I do. I was decide to make operation.’”
Abd al-Rahim al-Nashiri - “[And, they used to] drown me in water.”
Khalid Shaikh Mohammed - “This is what I understand he [a CIA interrogator] told me: you are not American and you are not on American soil. So you cannot ask about the Constitution.”
Majid Khan - “In the end, any classified information you have is through… agencies who physically and mentally tortured me.” [American Civil Liberties Union, 6/15/2009]

Entity Tags: American Civil Liberties Union, Abd al-Rahim al-Nashiri, Abu Zubaida, Ben Wizner, Central Intelligence Agency, Khalid Shaikh Mohammed, Majid Khan, Obama administration, US Department of Defense

Timeline Tags: Torture of US Captives

The US Supreme Court says it will schedule a hearing on the controversial “Citizens United” case, Citizens United v. Federal Election Commission (see March 15, 2009), for September 2009, in an unusual second presentation before the Court (see September 9, 2009). According to the justices, the lawyers for both Citizens United (CU) and the federal government should argue whether previous Court rulings upholding federal election law should be overturned based on First Amendment grounds. Both sides are asked to argue whether the Court should overrule the 1990 Austin decision (see March 27, 1990), which upheld restrictions on corporate spending on political campaigns, and/or the 2003 McConnell decision (see December 10, 2003), which upheld the bulk of the 2002 Bipartisan Campaign Reform Act (BCRA—see March 27, 2002). Law professor Nathaniel Persily says of the directive: “The Court is poised to reverse longstanding precedents concerning the rights of corporations to participate in politics. The only reason to ask for reargument on this is if they’re going to overturn Austin and McConnell.” The New York Times observes, “The Roberts court [referring to the Supreme Court under Chief Justice John Roberts] has struck down every campaign finance regulation to reach it, and it seems to have a majority prepared to do more.” Previous lower court rulings have found that CU’s attempt to air a film attacking presidential candidate Hillary Clinton (D-NY) was an attempt to engage in “electioneering,” and thus came under the restrictions of the McCain-Feingold campaign law (see March 27, 2002). The film was financed in part by donations from corporations and individuals whom CU has refused to identify. [United Press International, 6/29/2009; New York Times, 6/29/2009] CU previously attempted to have its case heard by the Court, but the Court sent the case back to a federal appeals court, which ruled in favor of the Federal Election Commission (FEC) and against CU (see March 24, 2008). Law professor Richard Hasen agrees with Persily and the Times that the decision to reargue the case a second time indicates that the Court’s conservative majority is prepared to overturn both Austin and McConnell, and allow essentially unlimited corporate spending in federal elections. Hasen writes that if the Court does indeed rule in favor of unlimited corporate spending, it will be in response to the fundraising advantage currently enjoyed by Democratic presidential candidate Barack Obama (D-IL) over his Republican counterpart, John McCain (R-AZ). [Slate, 6/29/2009] The decision will indeed overturn both Austin and McConnell, and gut most of the BCRA (see January 21, 2010).

Entity Tags: Hillary Clinton, Bipartisan Campaign Reform Act of 2002, Barack Obama, Federal Election Commission, US Supreme Court, New York Times, John G. Roberts, Jr, Richard L. Hasen, Nathaniel Persily, John McCain, Citizens United

Timeline Tags: Civil Liberties

Guantanamo detainee Ahmed Muhammad al-Darbi makes a wide-ranging declaration alleging he was tortured into confessing links to al-Qaeda. The declaration covers his detention in Azerbaijan (see June 2002), rendition to Afghanistan (see August 2002), and alleged torture at Bagram (see August 2002) and Guantanamo (see (March 23, 2003)). Al-Darbi will say that he frequently feels “anxious, depressed, and worried,” and that he has “recurring nightmares of the US guards and interrogators from Bagram chasing me.” He also says he needs mental health counseling, but does not trust the staff at Guantanamo. He concludes that he would like to go home to Saudi Arabia, and would be willing to participate in what he calls “the Saudi reintegration program for repatriated detainees.” [al-Darbi, 7/1/2009]

Entity Tags: Ahmed Muhammad al-Darbi

Timeline Tags: Torture of US Captives

The cover of Mark Klein’s ‘Wiring Up the Big Brother Machine… and Fighting It.’The cover of Mark Klein’s ‘Wiring Up the Big Brother Machine… and Fighting It.’ [Source: BookSurge / aLibris (.com)]Former AT&T technician Mark Klein self-publishes his book, Wiring Up the Big Brother Machine… and Fighting It. In his acknowledgements, Klein writes that he chose to self-publish (through BookSurge, a pay-to-publish venue) because “[t]he big publishers never called me,” and the single small publishing house that offered to publish his book added “an unacceptable requirement to cut core material.” Klein based his book on his experiences as an AT&T engineer at the telecom giant’s San Francisco facility, where he primarily worked with AT&T’s Internet service. In 2002 and 2003, Klein witnessed the construction of of a “secret room,” a facility within the facility that was used by the National Security Agency (NSA) to gather billions of email, telephone, VoIP (voice over Internet Protocol), and text messages, most of which were sent by ordinary Americans. The NSA did its electronic surveillance, Klein writes, secretly and without court warrants. Klein describes himself as “wiring up the Big Brother machine,” and was so concerned about the potential illegality and constitutional violations of the NSA’s actions (with AT&T’s active complicity) that he retained a number of non-classified documents proving the extent of the communications “vacuuming” being done. Klein later used those documents to warn a number of reporters, Congressional members, and judges of what he considered a horrific breach of Americans’ right to privacy. [Klein, 2009, pp. 9-11, 21-24, 33, 35, 38, 40] In 2007, Klein described his job with the firm as “basically to keep the systems going. I worked at AT&T for 22 and a half years. My job was basically to keep the systems going. They were computer systems, network communication systems, Internet equipment, Voice over Internet [Protocol (VoIP)] equipment. I tested circuits long distance across the country. That was my job: to keep the network up.” He explained why he chose to become a “whistleblower:” “Because I remember the last time this happened.… I did my share of anti-war marches when that was an active thing back in the ‘60s, and I remember the violations and traffic transgressions that the government pulled back then for a war that turned out to be wrong, and a lot of innocent people got killed over it. And I’m seeing all this happening again, only worse. When the [NSA] got caught in the ‘70s doing domestic spying, it was a big scandal, and that’s why Congress passed the FISA [Foreign Intelligence Surveillance Act] law, as you know, to supposedly take care of that (see 1978). So I remember all that. And the only way any law is worth anything is if there’s a memory so that people can say: ‘Wait a minute. This happened before.’ And you’ve got to step forward and say: ‘I remember this. This is the same bad thing happening again, and there should be a halt to it.’ And I’m a little bit of that institutional memory in the country; that’s all.” [PBS Frontline, 5/15/2007]

Entity Tags: National Security Agency, AT&T, BookSurge, Mark Klein

Timeline Tags: Civil Liberties

Brian Kilmeade, co-host of Fox News’s morning show Fox & Friends, during a discussion of marriage practices in Sweden and Finland, says that Americans don’t have “pure genes” like Swedes because “we keep marrying other species and other ethnics.” [Media Matters, 7/8/2009; Media Matters, 7/20/2009] Two weeks later, Kilmeade will apologize for his remark, calling it “offensive to many people” and “inappropriate.” America is a “huge melting pot,” he says, “and that’s what makes us such a great country.” [Media Matters, 7/20/2009]

Entity Tags: Fox News, Brian Kilmeade

Timeline Tags: Domestic Propaganda

Pakistani Interior Minister Rehman Malik says in an interview that Osama bin Laden and other top al-Qaeda leaders are not in Pakistan, so US drone strikes in Pakistan’s tribal region are futile. Malik says: “If Osama was in Pakistan we would know, with all the thousands of troops we have sent into the tribal areas in recent months.… If he and all these four or five top people were in our area they would have been caught, the way we are searching.… According to our information Osama is in Afghanistan, probably Kunar, as most of the activities against Pakistan are being directed from Kunar.” He adds that US drone strikes are hitting mid-level militants at best, and are “counterproductive because they are killing civilians and turning locals against our government. We try to win people’s hearts, then one drone attack drives them away.” [London Times, 7/12/2009] Malik’s statement about bin Laden not being in Pakistan is not consistent with the facts (see January 2005, Late 2005-Early 2006, August 2007, September 2008, and May 2, 2011).

Entity Tags: Al-Qaeda, Osama bin Laden, Rehman Malik

Timeline Tags: Complete 911 Timeline, War in Afghanistan

National Public Radio reports that Saad bin Laden, son of Osama bin Laden, has probably been assassinated by the US in Pakistan. The assassination was performed by a Predator drone, using Hellfire missiles. Saad was not the intended target of the missiles and was not a missile target at all, but was just “in the wrong place at the wrong time,” according to a counterterrorism official. [National Public Radio, 7/22/2009] US drones are operated by the CIA in Pakistan. [New Yorker, 10/26/2009]
Uncertainty about Death and Role - The exact date of Saad’s death is unclear, and it is reported only as “sometime this year.” The death is also not completely certain, as the US does not obtain a body to conduct tests on. However, a senior US counterterrorism official will say the US is “80 to 85 percent” certain that Saad is dead. Saad had escaped from house arrest in Iran around December 2008 or January 2009 (see (Between December 2008 and January 2009)). [National Public Radio, 7/22/2009] The relatives with whom he was imprisoned in Iran will indicate he had no involvement with terrorism during the seven years he was held in Iran. [Times (London), 12/23/2009] However, the counterterrorism official says Saad was active in al-Qaeda, but was not a major player. “We make a big deal out of him because of his last name,” he adds. [National Public Radio, 7/22/2009]
Missed Intelligence Opportunity - Others point out that Saad might have been much more valuable if he’d been captured alive, if only because of what he knew about his father. Hillary Mann Leverett, a former adviser to the National Security Council, claims that the US had several opportunities to interrogate Saad during the years he was in Iran (see Spring 2002 and Mid-May 2003). She says, “The Iranians offered to work out an international framework for transferring terror suspects, but the Bush administration refused.” She adds: “We absolutely did not get the most we could. Saad bin Laden would have been very, very valuable in terms of what he knew. He probably would have been a gold mine.” [New Yorker, 10/26/2009]

Entity Tags: Saad bin Laden, Hillary Mann, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Fox News talk show host Glenn Beck says that President Obama supports health care reform as a form of “reparations” for African-Americans whose ancestors were held as slaves. Beck claims that a provision in the Congressional health care reform bill requires a medical school or other health-related institution applying for a federal grant or contract to prove its inclusiveness to minorities. Beck then tells his viewers: “[J]ust in case the universalness of the program doesn’t somehow or another quench his reparation appetite, he’s making sure to do his part to pay the debt in the other areas.… So. You got it? This isn’t preference to the best institutions that are going to be churning out our doctors, but the institutions with the most diversity. We shouldn’t be dishing out grants based on what hospital looks, you know, the most like an Old Navy commercial.… Obama is no dummy. He knows that you would never pass reparations. He knows you would never pass any of this stuff. This is all affirmative action.” On the same program, Beck and his guest, Fox contributor Linda Chavez, claim that the health care reform bill would mandate that minority patients be treated by doctors of their same race. Earlier in the day, Beck made many of the same claims about reparations on his radio show. He told his listeners: “This man [Obama] is putting through reparations times 10.… Who’d receive the money? All blacks, or just those directly descended from slaves? Would Barack Obama?… Wait a minute. His father was not a descendent of slaves, and his mother was white. So maybe Michelle Obama would be the only one that should be able to get the cash. Since Obama is half white and half black, would he pay and receive? See, these are the tricky questions, but then again, they have nothing to do with Obama’s objection to reparations. Obama is against direct reparations for one reason: He doesn’t ever want the victim card to be lost.” [Media Matters, 7/23/2009; Media Matters, 7/30/2009] Days later, Beck will accuse Obama of being a “racist” with a “deep-seated hatred of white people” (see July 28-29, 2009).

Entity Tags: Michelle Obama, Barack Obama, Fox News, Linda Chavez, Glenn Beck

Timeline Tags: Domestic Propaganda, 2010 Elections

Fox News host Glenn Beck accuses President Obama of “hav[ing] real issues with race.” Beck, discussing the matter with psychiatrist and regular Fox contributor Keith Ablow, says of Obama, “I just see this ACORN [Association of Community Organizations for Reform Now, a citizen advocacy group accused of mismanaging funds and promoting prostitution by conservatives] thing and also the thing at the White House as a sign—this guy has real issues with race, real issues.” Ablow responds, in part, “I think we get a transparent president in this case whose feelings about white America are coming forward again.” Beck adds, “I think he’s one of the more arrogant people I have ever witnessed in the office.” [Media Matters, 7/27/2009] During the same broadcast, Beck says: “We have demonstrated President Obama’s desire for racial justice, but how is he setting out to achieve it? Exactly the way a community organizer would: through intimidation, vilification, bullying, a system, an underground shell game.” [Media Matters, 7/27/2009] The next day, Beck will accuse Obama of being a “racist” with a “deep-seated hatred of white people” (see July 28-29, 2009).

Entity Tags: Keith Ablow, Association of Community Organizations for Reform Now, Barack Obama, Glenn Beck

Timeline Tags: Domestic Propaganda, 2010 Elections

Fox News actively promotes the September 12, 2009 march on Washington, the central focus of Fox host Glenn Beck’s “9/12 Project” (see March 13, 2009 and After). Beck and Fox News have promoted the event before now, and will continue doing so, as a “nonpartisan” rally that is not “about parties or politics or the president.” However, the Fox promotions routinely feature attacks on Democratic lawmakers (see October 13, 2009). One of the organizing groups for the rally, the Tea Party Express, provides a list of 28 congressmen and women, all Democrats, targeted for defeat in 2010, “who have betrayed their constituents by pushing through massive deficits, higher taxes, and government intervention into the private sector and private lives of American families.” One of the organization’s funders, the Our Country Deserves Better political action committee (OCDBPAC), was created to promote Republican candidates and oppose the Obama administration’s agenda. In 2008, OCDBPAC stated that its only objective was “to defeat [Barack] Obama,” and hosted numerous rallies for Republican candidates John McCain and Sarah Palin. OCDBPAC’s vice chairman Mark Williams has frequently challenged Obama’s citizenship, calling him a “Kenyan” by birth, and once called Obama “the former Barry Soetoro (see October 8-10, 2008), Indonesian Muslim turned welfare thug turned anointed.” [Media Matters, 7/29/2009]

Entity Tags: Mark Williams (radio host), Tea Party Express, Fox News, Glenn Beck, Our Country Deserves Better

Timeline Tags: US Health Care, Domestic Propaganda, 2010 Elections

Gregg Jarrett, guest host of Fox News’s “straight news” broadcast The Live Desk (see October 13, 2009), tells viewers that the Obama Justice Department “thinks it’s okay to intimidate white people, not okay to intimidate black people at the polls.” Jarrett and others are discussing the Justice Department’s decision to dismiss a case against the New Black Panthers, who had been accused of intimidating white voters during the November 2008 elections. Jarrett interviews Washington Times editor John Solomon, whose paper implied, without proof, that the decision to drop the case may have come from “senior elected or politically appointed” White House officials and not from career prosecutors who felt the case lacked merit, as the Justice Department says. Solomon says that during the Bush administration, Congressional Democrats “very strongly raised questions about the politicization of the Justice Department—political people, or career people answering to political people, overruling the front lines of the Justice Department, and this fits that debate right now in the Justice Department. And I think Congress, the Republicans and some Democrats, are asking questions now about whether career people got their say here and whether they were really listened to, or whether some other agenda had been carried out.” Jarrett then notes: “Well, the other message may be that this is a Department of Justice who thinks it’s okay to intimidate white people, not okay to intimidate black people at the polls. That could be one conclusion that people may reach here by their decision.” [Media Matters, 7/30/2009]

Entity Tags: Fox News, Bush administration (43), US Department of Justice, New Black Panthers, John Solomon, Gregg Jarrett

Timeline Tags: Civil Liberties, Domestic Propaganda, 2008 Elections, 2010 Elections

Mary Patrice Brown.Mary Patrice Brown. [Source: Allgov (.com)]The Justice Department’s Office of Professional Responsibility (OPR) recommends reversing a Bush-era policy and reopening nearly a dozen prisoner abuse investigations, mostly in Iraq and Afghanistan. The decision could potentially expose CIA employees and contractors to prosecution for crimes involving brutalizing and torturing prisoners in US custody, particularly as some detainees died in custody and others were physically and mentally abused. The OPR makes the recommendation in early August, but the information is not reported in the media until later in the month. The decision comes as the Justice Department is ready to disclose new information on prisoner abuse from a 2004 report by the CIA’s inspector general that has never before been released (see May 7, 2004). The Bush-era Justice Department chose not to pursue investigations into any of the allegations, deciding that none of them warranted further inquiry. However, Attorney General Eric Holder reconsidered that decision after he saw the allegations and the accompanying evidence, much of which is contained in the 2004 CIA report. The OPR gives Holder additional leverage to reopen the investigations. The OPR report is primarily authored by the office’s new chief, Mary Patrice Brown, a federal prosecutor picked to replace the office’s former head, H. Marshall Jarrett, who is working elsewhere in the Justice Department. One case under review is that of Iraqi citizen Manadel al-Jamadi, who died in 2003 at Abu Ghraib prison (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003) after being captured by a team of Navy SEALs. Prosecutors believe he received his fatal injuries from his captors, but lawyers for the SEALs deny the charge. During President Bush’s tenure, the Justice Department responded to inquiries about the incidents from Democratic lawmakers with little more than summaries of the numbers of cases under scrutiny, and provided virtually no details about individual cases or explanations as to why the department chose not to prosecute. [New York Times, 8/24/2009]

Entity Tags: H. Marshall Jarrett, Central Intelligence Agency, Eric Holder, US Department of Justice, Manadel al-Jamadi, Mary Patrice Brown, Office of Professional Responsibility

Timeline Tags: Torture of US Captives

Fox News host Sean Hannity tells the conservative protesters engaging in orchestrated protests of health care reform (see June 30, 2009, July 6, 2009, July 25, 2009, July 27, 2009, July 27, 2009, July 31, 2009, August 1, 2009, August 1, 2009, August 2, 2009, August 3, 2009, August 3, 2009, August 3, 2009, August 3, 2009, August 4, 2009, and August 4, 2009), “Now, so far at these town hall meetings, you’re doing terrific.” He adds: “This is what’s going to stop this. You are. You’re gonna make it happen.… You’re standing up to these bureaucrats. You’re standing up to their phony platitudes, talking points, and bumper stickers. The polls are now turning against [President] Obama, [House Speaker Nancy] Pelosi, and [Senate Majority Leader Harry] Reid, so now they’re bringing out their own pollster to lie to you and find out a way how they can win the PR battle, and they’re telling them that they’ve got to attack the insurance companies.” [Media Matters, 8/6/2009]

Entity Tags: Sean Hannity, Harry Reid, Nancy Pelosi, Barack Obama, Fox News

Timeline Tags: US Health Care, Domestic Propaganda, 2010 Elections

Representative Brian Baird (D-WA) tells MSNBC host Rachel Maddow that there is a real danger of violence being fomented by anti-health care protesters (see June 30, 2009, July 6, 2009, July 25, 2009, July 27, 2009, July 27, 2009, July 31, 2009, August 1, 2009, August 1, 2009, August 2, 2009, August 3, 2009, August 3, 2009, August 3, 2009, August 3, 2009, August 4, 2009, August 4, 2009, August 5, 2009, August 5, 2009, August 6, 2009, August 6, 2009, and August 6-8, 2009). “[T]he first violence that’s happening is violence in the democratic process,” he says. “If people set out to disrupt town hall meetings, to intimidate people who sincerely want to discuss important issue, the first victim is the democracy itself. But beyond that, some of the rhetoric that we’re hearing is vaguely—not vaguely, but eerily reminiscent of the thing that drove Tim McVeigh to bomb the federal building in Oklahoma (see 8:35 a.m. - 9:02 a.m. April 19, 1995).… [W]hen a concerted effort is made to intimidate, to suppress discussion, to threaten people, that crosses the line and it actually blocks the democratic process and informed debate.”
Says Constituents Intimidated, Unwilling to Participate - Baird acknowledges that he has not held any in-person town hall meetings, though he has scheduled so-called “telephone town halls” conducted via telephone and Internet connections. “What I’m opting not do is create a venue where people can purposefully intimidate other members of the community who want to be heard and want to express their views,” he says. “You know, when you read these Web sites, Rachel, it’s all about attack early, intimidate, shout them down, don’t get them have a word in edgewise. I’ve had town halls where that kind of thing has happened and average citizens have said: ‘This is frightening to me. This is not what my country is about. I’m not coming to these anymore.’ So, if you get a point where the only purpose to have a town hall is to have it disrupted and reasonable people who want to have a debate can’t be there, what’s the point of having the town hall?”
GOP Must Call for Restraint - Baird says that the Republican Party has a direct responsibility to “call for civility, because this is a question of our democratic process itself. Remember, they will have town halls as well. And we don’t really want a situation where our side decides, well, we’ve got to show up and scream and shout them down—because then you basically resort to mob rule. And that’s not what a constitutional democratic republic is about. It’s not enough for them to say, ‘We’re not coordinating it, we’re not condoning it.’ They must do as John McCain did (see August 5, 2009), and vigorously—vigorously oppose this.” [MSNBC, 8/7/2009]
'Death to All Marxists' - The next day, Baird receives a fax at his office. The fax depicts President Obama with a Communist hammer and sickle drawn on his forehead, and the message “Death to all Marxists, foreign and domestic” written underneath. [MSNBC, 8/13/2009]

Entity Tags: Republican Party, Brian Baird

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism, 2010 Elections

Page 20 of 23 (2234 events)
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