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Context of 'January 27, 2003: 9/11 Commission Decides It Will Not Issue Subpoenas'

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The Justice Department issues a 17-page memo which officially replaces the August 2002 memo (see August 1, 2002), which asserted that the president’s wartime powers supersede international anti-torture treaties and defined torture very narrowly, describing it as a tactic that produces pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” The new memo, authored by acting chief of the Office of Legal Counsel (OLC) and Acting Assistant Attorney General Daniel Levin, is ostensibly meant to deflect criticisms that the Bush administration condones torture. In fact, the very first sentence reads, “Torture is abhorrent both to American law and values and to international norms.” But the White House insists that the new memo does not represent a change in policy because the administration has always respected international laws prohibiting the mistreatment of prisoners. The primary concern of the new memo is to broaden the narrow definition of torture that had been used in the August memo. Levin adopts the definition of torture used in Congressional anti-torture laws, which says that torture is the infliction of physical suffering, “even if it does not involve severe physical pain.” But the pain must still be more than “mild and transitory,” the memo says. Like the original memo, Levin says that torture may include mental suffering. But to be considered so it would not have to last for months or years, as OLC lawyers Jay Bybee and John Yoo had asserted two years earlier. The most contested conclusions of the August 2002 memo—concerning the president’s wartime powers and potential legal defense for US personnel charged with war crimes—are not addressed in the Levin memo. “Consideration of the bounds of any such authority would be inconsistent with the president’s unequivocal directive that United States personnel not engage in torture,” the memo says. [US Department of Justice, 12/30/2004 pdf file; Associated Press, 12/31/2004]
National Security Not a Justification for Torture - The memo also attempts to quell concerns that the administration believes national security may be used as justification for tactics that could be considered as torture. It states, “[A] defendant’s motive (to protect national security, for example) is not relevant to the question whether he has acted with the requisite specific intent under the statute.” [US Department of Justice, 12/30/2004 pdf file]
Memo Divided White House Officials - Many in the White House opposed the issuance of the memo, but were rebuffed when other administration officials said the memo was necessary to ease the confirmation of Alberto Gonzales as Attorney General. [New York Times, 10/4/2007]
Torture Opponents Disappointed - Civil libertarians and opponents of torture within the Justice Department are sharply disappointed in the memo. While it gives a marginally less restrictive definition of the pain required to qualify as torture, and gives no legal defenses to anyone who might be charged with war crimes, it takes no position on the president’s authority to override interrogation laws and treaties, and finds that all the practices previously employed by the CIA and military interrogators were and are legal. Yoo will later write that “the differences in the opinions were for appearances’ sake. In the real world of interrogation policy, nothing had changed. The new opinion just reread the statute to deliberately blur the interpretation of torture as a short-term political maneuver in response to public criticism.” [Savage, 2007, pp. 196-197]
Secret Memo Will Allow Waterboarding; Dissidents Purged - A secret memo is completed a short time later that allows such torture techniques as waterboarding to be used again (see February 2005). The Levin memo triggers a department-wide “purge” of dissidents and torture opponents; some will resign voluntarily, while others will resign after being denied expected promotions. [Savage, 2007, pp. 197]

Entity Tags: Office of Legal Counsel (DOJ), Bush administration (43), Daniel Levin, Alberto R. Gonzales, Jay S. Bybee, John C. Yoo

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

The Justice Department issues a secret opinion that countermands and contradicts the administration’s official policy that torture is “abhorrent” and will not be practiced by US military or law enforcement officials (see December 30, 2004). The secret opinion is, the New York Times writes two years later while publicly revealing its existence, “an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency.” The opinion gives explicit authorization to abuse detainees with a combination of physical and psychological abuse, including head-slapping, stress positioning, simulated drowning (“waterboarding”), and prolonged exposure to intense cold. New attorney general Alberto Gonzales (see November 10, 2004) approves the memo over the objections of deputy attorney general James Comey, himself preparing to leave the Justice Department after a series of battles over the legality of torture and the domestic surveillance program (see March 10-12, 2004). Comey says at the time that everyone at the department will be “ashamed” of the new opinion once the world learns of it. [New York Times, 10/4/2007]

Entity Tags: US Department of Justice, Alberto R. Gonzales, Central Intelligence Agency, New York Times

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

Philip Zelikow (second from left) with Secretary of State Condoleezza Rice (left), and Israeli Prime Minister Ehud Olmert (right).Philip Zelikow (second from left) with Secretary of State Condoleezza Rice (left), and Israeli Prime Minister Ehud Olmert (right). [Source: Ron Sachs/Consolidated News Photos]Philip Zelikow, formerly the executive director of the 9/11 Commission, will serve as a senior adviser for Condoleezza Rice in her new position as secretary of state. His position, counselor of the United States Department of State, is considered equal to undersecretary of state. [Richmond Times-Dispatch, 2/28/2005] Rice says: “Philip and I have worked together for years. I value his counsel and expertise. I appreciate his willingness to take on this assignment.” According to author Philip Shenon, Zelikow tells his new colleagues at the State Department that it is “the sort of job he had always wanted.” [Shenon, 2008, pp. 418] 9/11 victims’ relatives groups had demanded Zelikow’s resignation from the 9/11 Commission, claiming conflict of interest, including being too close to Rice (see March 21, 2004).

Entity Tags: Philip Zelikow, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Steven Bradbury, the acting head of the Justice Department’s Office of Legal Counsel, issues a classified memo. The contents and the recipient remain secret, but the American Civil Liberties Union (ACLU) will later determine the memo deals with the use of “enhanced interrogation techniques” by the CIA. In early May, Bradbury determined that none of the CIA’s past or present interrogation methods violated either federal or international standards (see May 10, 2005). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), American Civil Liberties Union, US Department of Justice, Steven Bradbury

Timeline Tags: Civil Liberties

Philip Zelikow, the chief adviser to Secretary of State Condoleezza Rice (see February 28, 2005) and the former executive director of the 9/11 Commission (see Shortly Before January 27, 2003), writes a classified memo challenging the Justice Department’s legal justifications for its authorizations of torture. Zelikow writes his memo after gaining access to four secret memos from the Justice Department’s Office of Legal Counsel (see April 16, 2009), in his role as Rice’s policy representative to the National Security Council’s Deputies Committee. Rice and her legal adviser, John Bellinger, are the only others besides Zelikow to have been briefed on the memos. Zelikow was aware of what many of the suspected terrorists did, or were alleged to have done, through his experience on the 9/11 Commission. The evidence against most of them is “damning,” he will later write: “But the issue is not about who or what they are. It is about who or what we are.” In the memo, which he will publicly discuss four years later (see April 21, 2009), Zelikow focuses on three main areas of contention.
bullet First, the question should not be whether waterboarding (or any other particular technique) is torture, but on the idea of a program of authorized torture. The program used numerous well-planned, carefully considered methods of physical coercion to gain information from detainees, or as Zelikow will write, “to disorient, abuse, dehumanize, and torment individuals over time.” Waterboarding is only one of many objectionable, and illegal, techniques being used against prisoners.
bullet Second, the question of torture should not first be settled by lawyers. The moral and professional aspects of such an issue should be dealt with before asking lawyers to justify such actions. Better questions would be: Are these methods reliable in getting important information? And does the garnering of such information, even if such can be proven, justify the moral position of using torture? In 2009, Zelikow will write: “There is an elementary distinction, too often lost, between the moral (and policy) question—‘What should we do?’—and the legal question: ‘What can we do?’ We live in a policy world too inclined to turn lawyers into surrogate priests granting a form of absolution. ‘The lawyers say it’s OK.’ Well, not really. They say it might be legal. They don’t know about OK.”
bullet Finally, the legal opinions themselves have what Zelikow calls “grave weaknesses.” Many of the OLC opinions, particularly the May 30, 2005 opinion (see May 30, 2005), “presented the US government with a distorted rendering of relevant US law.” He goes on: “The case law on the ‘shocks the conscience’ standard for interrogations would proscribe the CIA’s methods,” in his view. Moreover, the OLC position ignores “standard 8th Amendment ‘conditions of confinement’ analysis (long incorporated into the 5th Amendment as a matter of substantive due process and thus applicable to detentions like these). That case law would regard the conditions of confinement in the CIA facilities as unlawful.” And, while “the use of a balancing test to measure constitutional validity (national security gain vs. harm to individuals) is lawful for some techniques… other kinds of cruel treatment should be barred categorically under US law—whatever the alleged gain.” The logical extension of the OLC’s position is that since the “substantive standard is the same as it is in analogous US constitutional law… the OLC must argue, in effect, that the methods and the conditions of confinement in the CIA program could constitutionally be inflicted on American citizens in a county jail. In other words, Americans in any town of this country could constitutionally be hung from the ceiling naked, sleep deprived, waterboarded, and all the rest—if the alleged national security justification was compelling. I did not believe our federal courts could reasonably be expected to agree with such a reading of the Constitution.”
White House Orders Copies Destroyed - Zelikow will admit he has no standing to offer a legal opinion. However, he will write: “I felt obliged to put an alternative view in front of my colleagues at other agencies, warning them that other lawyers (and judges) might find the OLC views unsustainable. My colleagues were entitled to ignore my views. They did more than that: The White House attempted to collect and destroy all copies of my memo.” Zelikow will say he believes that copies still exist in State Department archives. [Foreign Policy, 4/21/2009; Politico, 4/21/2009]

Entity Tags: Office of Legal Counsel (DOJ), Central Intelligence Agency, Bush administration (43), 9/11 Commission, Condoleezza Rice, National Security Council, US Department of State, Philip Zelikow, John Bellinger, US Department of Justice

Timeline Tags: Torture of US Captives

Camp Casey.Camp Casey. [Source: Indybay (.org)]Antiwar activist Cindy Sheehan, of Vacaville, California, sets up “Camp Casey” three miles outside of President Bush’s Crawford, Texas ranch. Bush has come to his ranch for his yearly August vacation; Sheehan has come to demand a meeting with Bush to discuss the loss of her son, Casey, in Iraq. Sheehan chooses the date to coincide with the fourth anniversary of the briefing that warned Bush of Osama bin Laden’s intention to attack the US (see August 6, 2001). Camp Casey begins as a single pup tent in a ditch by the side of a dirt road, in which Sheehan intends to stay for whatever time it takes to secure a meeting with Bush. Author and media critic Frank Rich later writes that because Bush is so firmly ensconsced in the protective “bubble” that shields him from awareness of criticism, he and his top officials are blindsided by the media response to Sheehan’s lonely vigil. Casey Sheehan, who died in April 2004 a mere two weeks after his arrival in Iraq (see April 4, 2004), will become, Rich will write, emblematic of both “the noble intentions of those who volunteered to fight the war [and] also the arrogance, incompetence, and recklessness of those who gave the marching orders.”
Bush Refuses to Meet with Sheehan - Bush will refuse to meet with Sheehan and the increasing number of peace activists who gather at Camp Casey, causing him inordinate embarrassment (see August 12, 2005) as more and more reporters begin questioning his motives in refusing to meet with the bereaved mother of a fallen US soldier. Bush even ignores the advice of some of his public relations staffers and fellow Republicans, who ask him to reconsider, as Senator George Allen (R-VA) says, “as a matter of courtesy and decency.” Rich will write: “Only someone as adrift as Bush would need to be told that a vacationing president couldn’t win a standoff with a grief-stricken parent commandeering TV cameras and the blogosphere 24/7. But the White House held firm. In a particularly unfortunate gesture, the presidential motorcade, in a rare foray out of the vacation compound, left Sheehan in the dust on its way to a fundraiser at a fat cat’s ranch nearby” (see August 12, 2005). [Rich, 2006, pp. 193-196] Political analyst Charlie Cook says: “Anything that focuses media and public attention on Iraq war casualties day after day—particularly [something] that is a good visual for television, like a weeping Gold Star mother—is a really bad thing for President Bush and his administration.… Americans get a little numb by the numbers of war casualties, but when faces, names, and families are added, it has a much greater effect.” Republican strategist Kellyanne Conway agrees, saying: “Cindy Sheehan has tapped into a latent but fervent feeling among some in this country who would prefer that we not engage our troops in Iraq. She can tap into what has been an astonishingly silent minority since the end of last year’s presidential contest. It will capture attention.” University professor Stephen Hess says that Sheehan’s “movement… can be countered by a countermovement” and therefore negated, but “I think the president might have defused the situation if he had invited her in instantly.” Hess predicts that Sheehan will soon be targeted by Republican strategists in a counterattack (see August 11, 2005 and After).
Focus of Antiwar Movement - Camp Casey quickly becomes the focus of the American antiwar movement, with organizations such as MoveOn.org and Code Pink pitching in to help expand and coordinate the camp, and high-profile Democratic operatives such as Joe Trippi organizing support among left-wing bloggers. MoveOn’s Tom Mattzie says: “Cindy reached out to us.… Cindy is a morally pure voice on the war, so we’re trying to keep the focus on her and not jump in and turn it into a political fight.” [Los Angeles Times, 8/11/2005]

Entity Tags: George W. Bush, Cindy Sheehan, Charlie Cook, Casey Sheehan, Bush administration (43), “Camp Casey”, Code Pink, George F. Allen, MoveOn (.org), Stephen Hess, Frank Rich, Kellyanne Conway, Joe Trippi, Tom Mattzie

Timeline Tags: Iraq under US Occupation

The Central Intelligence Agency destroys videotapes of the interrogations of two high-ranking detainees, Abu Zubaida and Abd al-Rahim al-Nashiri, which were made in 2002 (see Spring-Late 2002). One anonymous senior intelligence official later claims that “Several hundred hours” of videotapes are destroyed. [Washington Post, 12/18/2007] The tapes are destroyed at the CIA station in Thailand by station chief Michael Winograd, as Zubaida and al-Nashiri apparently were tortured at a secret CIA prison in that country. [Newsweek, 6/28/2008; Associated Press, 7/26/2010] The decision to destroy the tapes is apparently made by Jose Rodriguez, chief of the CIA’s Directorate of Operations, despite previous advice not to destroy them (see November 2005). However, some accounts will suggest that Rodriguez received clearance to destroy the tapes (see December 7, 2007). [New York Times, 12/8/2007] The CIA’s treatment of detainees has recently come under increased scrutiny. As the Wall Street Journal will later remark, “the Abu Ghraib prison pictures were still fresh, the existence of secret CIA prisons had just been revealed, and politicians on Capitol Hill were talking about curtailing ‘extreme techniques,’ including the Central Intelligence Agency’s own interrogation tactics.” [Wall Street Journal, 12/10/2007] Beginning on November 2, 2005, there are some pivotal articles revealing details about the CIA’s handling of detainees, suggesting that some of them were illegally tortured (see November 2-18, 2005). According to a 2007 statement by future CIA Director Michael Hayden, the tapes are destroyed “in the absence of any legal or internal reason to keep them” and because they apparently pose “a serious security risk”; if they were leaked, they could be used for retaliation by al-Qaeda and its sympathizers. [Central Intelligence Agency, 12/6/2007] However, this rationale will be questioned when the destruction is revealed in late 2007 (see December 6, 2007). Senator Carl Levin (D-MI) will call this “a pathetic excuse.… You’d have to burn every document at the CIA that has the identity of an agent on it under that theory.” CBS News will offer an alternative explanation, saying that the tapes are destroyed “to protect CIA officers from criminal prosecution.” [CBS News, 12/7/2007] CIA Director Porter Goss and the CIA’s top lawyer, John Rizzo, are allegedly not notified of the destruction in advance, and Rizzo will reportedly be angry at this failure. [New York Times, 12/8/2007] But Newsweek will later claim that Goss and Rizzo were involved in extensive discussions with the White House over what to do with the tapes. Goss supposedly thought there was an understanding the tapes would be saved and is upset to learn they have been destroyed (see Between 2003-Late 2005 and Before November 2005). [Newsweek, 12/11/2007] Congressional officials responsible for oversight are not informed for a year (see March 14, 2007). A White House spokeswoman will say that President Bush has “no recollection” of being made aware of the tapes’ destruction before 2007 (see December 11, 2007). It is also unclear whether the Justice Department is notified in advance or not. [New York Times, 12/8/2007] The CIA still retains tapes of interrogations of at least one detainee (see September 19 and October 18, 2007).

Entity Tags: Abd al-Rahim al-Nashiri, Abu Zubaida, Jose Rodriguez, Jr., CIA Bangkok Station, John Rizzo, Porter J. Goss, Michael K. Winograd, Central Intelligence Agency

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

A simulation of waterboarding arranged by ABC News.A simulation of waterboarding arranged by ABC News. [Source: ABC News]According to an ABC News report in September 2007, CIA Director Michael Hayden bans the use of waterboarding some time in 2006, with the approval of the White House. It is not known when exactly the technique is banned that year, but presumably it takes place after Hayden becomes CIA director (see May 5, 2006) and in response to the Supreme Court decision mandating that terror suspects must be given treatment consistent with the Geneva Conventions (see July 12, 2006). Waterboarding is a harsh interrogation technique that simulates drowning and is usually referred to as torture. Allegedly, the CIA last used waterboarding in 2003 on Khalid Shaikh Mohammed and “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects” (see May 2002-2003). John Sifton of Human Rights Watch later says the ban “a good thing, but the fact remains that the entire [CIA interrogation] program is illegal.” [ABC News, 9/14/2007] Over a year before Hayden’s decision, Justice Department official Daniel Levin had himself subjected to simulated waterboarding to help him determine if waterboarding was indeed torture (see Late 2004-Early 2005). Levin intended to issue a memo condemning the practice as beyond the bounds of the law, but was forced out of the Justice Department before he could make that ruling.

Entity Tags: Daniel Levin, US Supreme Court, US Department of Justice, White House, Central Intelligence Agency, John Sifton, Khalid Shaikh Mohammed, Michael Hayden, Geneva Conventions

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

Ira Winkler.Ira Winkler. [Source: Canadian Broadcasting Corporation]Former NSA analyst Ira Winkler, author of the 2005 book Spies Among Us, writes of his disgust with the NSA’s domestic surveillance program, saying that because it is warrantless, it is illegal. He argues the program violates both the NSA’s rules of engagement and its long-term missions.
Warrantless Surveillance is Illegal - Securing warrants under the Foreign Intelligence Surveillance Act is easily done, Winkler says: “FISA blocks no legitimate acquisition of knowledge. It doesn’t even slow the process down.” The problem, Winkler says, is that the program is so large that securing FISA warrants for every communication the NSA monitors “would [take] an army of lawyers to get all the warrants they’d need to be in compliance with FISA.” However: “[T]he law is the law. No president has the right to pick and choose which laws they find convenient to follow.” President Bush could have asked Congress to amend the FISA laws: “After all, after 9/11 Congress passed a wide variety of laws (without, for the most part, reading them) that were supposed to prevent another attack. They could have easily slipped something modifying FISA into all of that legislation. They did not, though recent revelations about this administration’s use of signing statements may indicate that they simply didn’t want to raise the possibility of questions.” Merely ignoring FISA “is illegal,” Winkler writes.
Weakens National Security - Another issue is national security. Not obtaining warrants actually weakens natural security, he argues, “since the process of obtaining the warrants has an effect on quality control.” For example: “To date, FBI agents have been sent out to do thousands of investigations based on this warrantless wiretapping. None of those investigations turned up a legitimate lead. I have spoken to about a dozen agents, and they all roll their eyes and indicate disgust with the man-years of wasted effort being put into physically examining NSA ‘leads.’ This scattershot attempt at data mining drags FBI agents away from real investigations, while destroying the NSA’s credibility in the eyes of law enforcement and the public in general. That loss of credibility makes the NSA the agency that cried wolf—and after so many false leads, should they provide something useful, the data will be looked at skeptically and perhaps given lower priority by law enforcement than it would otherwise have been given.” Winkler says the NSA’s claim that it does not retain any personal information is ludicrous. “Frankly, you have to be a complete moron to believe that,” he writes. “It is trivial to narrow down access to a phone number to just a few members of a household, if not in fact to exactly one person.”
Extortion - And the warrantless surveillance is not the only illegal action taken by the government. If the government did threaten one telecom firm, Qwest, for not cooperating (see February 2001), “[t]hat’s extortion—another crime.” Winkler writes that both Congress and the American people must demand answers, or the White House and the NSA will continue to usurp our freedom under the cloak of protecting freedoms.
Arguments For Program are Specious - Winkler says the arguments for the program that he hears are groundless. He hears three main threads:
bullet “I have nothing to worry about so I don’t care if they investigate me.” Winkler points out that plenty of people have been investigated and incarcerated in the US and abroad without doing anything wrong: “I believe that Saddam Hussein would cheerfully agree with the tired allegation that if you did nothing wrong, you shouldn’t mind the government looking at your calls. I think Lenin, Stalin, Hitler and the Chinese government would also agree with that line of thought. Is this the company we consent to keep in the name of safety?”
bullet “[W]e need to do everything we can to protect ourselves.” Protecting ourselves, Winkler argues, means letting law enforcement work to protect US citizens against real, ongoing crimes. The government is “watching for dragons while very real snakes multiply freely in our midst.”
bullet “[T]he NSA isn’t listening to the content of the calls, so there’s no harm.” Aside from the fact that Winkler believes the NSA is lying about not listening to the calls themselves, he says: “[The NSA] doesn’t need to hear your chatter to invade your privacy. By simply tying numbers together—an intelligence discipline of traffic analysis—I assure you I can put together a portrait of your life. I’ll know your friends, your hobbies, where your children go to school, if you’re having an affair, whether you plan to take a trip and even when you’re awake or asleep. Give me a list of whom you’re calling and I can tell most of the critical things I need to know about you.” The NSA is made up of mostly “good and honest people,” but it has “more than its share of bitter, vindictive mid- and senior-level bureaucrats. I would not trust my personal information with these people, since I have personally seen them use internal information against their enemies.” Winkler reminds his readers that the Bush administration deliberately outed CIA agent Valerie Plame Wilson because her husband dared debunk an administration claim about Iraq (see November 20, 2007), and tried to undermine the credibility of former counterterrorism chief Richard Clarke when he spoke out against the administration (see March 24, 2004). The NSA could easily provide the administration with damaging information about other administration enemies.
'Against Everything I Was Taught' - “NSA domestic spying is against everything I was ever taught working at the NSA,” Winkler writes. “I might be more for it if there was any credible evidence that this somehow provides useful information that couldn’t otherwise be had. However, the domestic spying program has gotten so massive that the well-established process of getting a warrant cannot be followed—and quantity most certainly doesn’t translate to quality. Quite the opposite.” The terrorists number in the hundreds, Winkler writes, but “the NSA is collecting data on hundreds of millions of people who are clearly not the enemy. These numbers speak for themselves.” [Computerworld, 5/16/2006]

Entity Tags: Qwest, George W. Bush, Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, Ira Winkler, National Security Agency, Valerie Plame Wilson, Saddam Hussein, Richard A. Clarke, Vladimir Lenin, Josef Stalin

Timeline Tags: Civil Liberties

J. William Leonard, the head of the National Archives’ Information Security Oversight Office (ISOO), writes to David Addington, Vice President Cheney’s chief of staff, asking for reports on classification activity by Cheney’s office. [J. William Leonard, 6/8/2006 pdf file] The request was prompted by a May 28, 2006 letter from Steven Aftergood of the Federation of American Scientists that states in part, “I believe that the Office of the Vice President is willfully violating a provision of [Executive Order 12958, as amended by President Bush (see 2003)] and of the implementing ISOO directive. Specifically, the Office of the Vice President (OVP) is refusing to comply with the ISOO requirement to ‘report annually to the Director of ISOO statistics related to its security classification program.‘… As you know, the President’s executive order states that this and other ISOO Directive requirements are ‘binding’ upon any ‘entity within the executive branch that comes into the possession of classified information.‘… Yet despite this requirement, the OVP has failed to report on its classification and declassification activity for three years in a row. Moreover, this appears to be a deliberate act on the part of the OVP, not simply a negligent one.” [Federation of American Scientists, 5/30/2006 pdf file] Since 2003, Cheney and his staffers have argued that the Vice President’s office is not strictly part of the executive branch and therefore is not bound by the mandate of the executive orders: Cheney’s officials have also stated they do not believe the OVP is included in the definition of “agency” as set forth in the executive order, and therefore does not consider itself an “entity within the executive branch that comes into the possession of classified information.” [J. William Leonard, 6/8/2006 pdf file] Aftergood wrote in his letter, “Nothing in the executive order excuses the OVP from reporting on classification activity in the performance of its executive duties merely because it also has separate legislative functions. It is hard to see how such an argument could be proposed by a reasonable person in good faith. Since the OVP has publicly staked out a position that openly defies the plain language of the executive order, I believe ISOO now has a responsibility to clarify the matter.… [B]y casting its non-compliance as a matter of principle, the OVP has mounted a challenge to the integrity of classification oversight and to the authority of the executive order. In my opinion, it is a challenge that should not go unanswered.” [Federation of American Scientists, 5/30/2006 pdf file] In his letter to Addington, Leonard notes that until 2002, Cheney’s office did submit such reports to the ISOO. He also notes that under the Constitution, the Vice President’s office is indeed part of the executive branch, and that if it is not, then it is in repeated material breach of national security laws, as it has had routine access to top secret intelligence reports and other materials that are only available to the executive branch. Leonard asks Addington to ensure that Cheney’s office begins complying with the law. [J. William Leonard, 6/8/2006 pdf file] Leonard’s letter is ignored. [Henry A. Waxman, 6/21/2007 pdf file]

Entity Tags: Richard (“Dick”) Cheney, J. William Leonard, Information Security Oversight Office, David S. Addington, National Archives and Records Administration

Timeline Tags: Civil Liberties

William Perry, the former secretary of defense under President Clinton, and Ashton Carter, his deputy at the time, write an op-ed for the Washington Post calling for the Bush administration to launch a military attack on North Korea. Perry and Carter note that North Korea is in the final stages of testing a long-range ballistic missile that, they write, “some experts estimate can deliver a deadly payload to the United States.” They note that the last such test of a North Korean missile (see August 31, 1998) “sent a shock wave around the world, but especially to the United States and Japan, both of which North Korea regards as archenemies. They recognized immediately that a missile of this type makes no sense as a weapon unless it is intended for delivery of a nuclear warhead.” Now, North Korea has broken what they call the agreed-upon moratorium on such testing, but fail to note that no such agreement was ever finalized during the Clinton years (see October 2000), and skim over the fact that the Bush administration has repeatedly refused to engage in meaningful nuclear talks with the North Korean regime (see March 7, 2001, Late March, 2001, April 2002, November 2002, January 10, 2003 and After, Mid-January 2003, February 4, 2003, March 2003-May 2003, April 2003, May 4, 2003, August 2003, December 12, 2003, December 19, 2003, June 23-August 23, 2004, April 28, 2005, September 19-20, 2005, and June 2006). Perry and Carter are critical of the Bush administration’s doctrine of “pre-emption,” which necessarily precludes meaningful dialogue, but go on to observe that “intervening before mortal threats to US security can develop is surely a prudent policy.” Therefore, they write, “if North Korea persists in its launch preparations, the United States should immediately make clear its intention to strike and destroy the North Korean Taepodong missile before it can be launched.” [Washington Post, 6/22/2006; Foreign Policy, 10/22/2010] Shortly after the op-ed appears, North Korea threatens “nuclear retaliation” if the US mounts any such military offensive (see July 3-5, 2006).

Entity Tags: Bush administration (43), Ashton Carter, William Perry, Washington Post

Timeline Tags: US International Relations

Bush acknowledging the secret CIA prison network.Bush acknowledging the secret CIA prison network. [Source: Gerald Herbert / Associated Press]In a speech, President Bush acknowledges a network of secret CIA prisons and announces plans to try 14 top al-Qaeda terrorist suspects in military tribunals. [Knight Ridder, 9/6/2006]
Admits Existence of Detainees in CIA Custody - Bush tells his listeners: “In addition to the terrorists held at Guantanamo, a small number of suspected terrorist leaders and operatives captured during the war have been held and questioned outside the United States, in a separate program operated by the Central Intelligence Agency.… Many specifics of this program, including where these detainees have been held and the details of their confinement, cannot be divulged.… We knew that Abu Zubaida (see March 28, 2002) had more information that could save innocent lives, but he stopped talking.… As his questioning proceeded, it became clear that he had received training on how to resist interrogation. And so the CIA used an alternative set of procedures… The procedures were tough, and they were safe, and lawful, and necessary.… These procedures were designed to be safe, to comply with our laws, our Constitution, and our treaty obligations. The Department of Justice reviewed the authorized methods extensively and determined them to be lawful. I cannot describe the specific methods used—I think you understand why.” Bush then adds that Zubaida “began to provide information on key al-Qaeda operatives, including information that helped us find and capture more of those responsible for the attacks on September 11” (see June 2002). Another high-value detainee, 9/11 planner Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), provided “many details of other plots to kill innocent Americans” (see March 7 - Mid-April, 2003 and August 6, 2007). [Vanity Fair, 12/16/2008; New York Review of Books, 3/15/2009] The 14 prisoners will be put on trial as soon as Congress enacts the Military Commissions Act (MCA—see October 17, 2006), which he is sending to Congress for its approval today. [Savage, 2007, pp. 308-309]
Political Reasons to Acknowledge CIA Prisons - The US government has never officially acknowledged the existence of the CIA prisons before, despite numerous media accounts about them. Bush’s speech comes less than two months before midterm Congressional elections and also comes as the White House is preparing new legislation to legalize the CIA’s detention program and shield US officials from prosecution for possible war crimes. Knight Ridder comments that the speech “appeared to be intended to give him more leverage in his negotiations with Congress over how to try suspected terrorists.… In addition to the potential political benefits, Bush had other reasons to make the program public. A Supreme Court ruling in June struck down the administration’s plan to bring terrorist suspects before military tribunals and called into question the legality of secret CIA detentions.” [Knight Ridder, 9/6/2006]
Sites Closed Down? - Other administration officials say the CIA prison network has been closed down, at least for the time being. (In fact, it will be reopened a short time later (see Autumn 2006-Late April 2007).) Reportedly, “fewer than 100” suspects had ever been in CIA custody. It is not known who they were or what happened to all of them, but most of them reportedly were returned to their home countries for prosecution. Fourteen “high-value” suspects, including accused 9/11 mastermind Khalid Shaikh Mohammed, were transferred from the secret CIA prisons to the prison in Guantanamo, Cuba in the days just prior to Bush’s speech (see September 2-3, 2006).
Torture is 'against [US] Values' - Bush says: “I want to be absolutely clear with our people and the world: The United States does not torture. It’s against our laws, and it’s against our values. I have not authorized it—and I will not authorize it.” However, he says the Geneva Conventions’ prohibition against “humiliating and degrading treatment” could potentially cause legal problems for CIA interrogators. Other administration officials say harsh interrogation techniques such as waterboarding were used in the CIA prisons. Such techniques are considered by many to be forms of torture. Bush claims that information gleaned from interrogations in the secret prisons helped thwart attacks on the US and provided valuable information about al-Qaeda operations around the world. [Knight Ridder, 9/6/2006; Washington Post, 9/7/2006]

Entity Tags: Geneva Conventions, Central Intelligence Agency, George W. Bush, Military Commissions Act, Abu Zubaida, Khalid Shaikh Mohammed

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

In late September 2006, a new book by Bob Woodward reveals that CIA Director Tenet and CIA counterterrorism chief Cofer Black gave National Security Adviser Rice their most urgent warning about a likely upcoming al-Qaeda attack (see July 10, 2001 and September 29, 2006). Tenet detailed this meeting to the 9/11 Commission in early 2004 (see January 28, 2004), but it was not mentioned in the 9/11 Commission’s final report later that year. According to the Washington Post, “Though the investigators had access to all the paperwork on the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about.” [Washington Post, 10/1/2006] The 9/11 Commissioners initially vigorously deny that they were not told about the meeting. For instance, 9/11 Commissioner Jamie Gorelick says she checked with commission staff who told her they were never told about a meeting on that date. She says, “We didn’t know about the meeting itself. I can assure you it would have been in our report if we had known to ask about it.” [Washington Post, 9/30/2006] Commissioner Tim Roemer says, “None of this was shared with us in hours of private interviews, including interviews under oath, nor do we have any paper on this. I’m deeply disturbed by this. I’m furious.” Commissioner Richard Ben-Veniste says the meeting “was never mentioned to us.” Philip Zelikow, the executive director of the 9/11 Commission, says the commissioners and their staff had heard nothing in their private interviews with Tenet and Black to suggest that they made such a dire presentation to Rice. “If we had heard something that drew our attention to this meeting, it would have been a huge thing.” [New York Times, 10/2/2006] However, on October 3, 2006, a transcript of Tenet’s private testimony to the 9/11 Commission is leaked to reporters and clearly shows that Tenet did warn Rice of an imminent al-Qaeda threat on July 10, 2001. Ben-Veniste, who attended the meeting along with Zelikow and other staff members, now confirms the meeting did take place and claims to recall details of it, even though he, Zelikow, and other 9/11 Commissioners had denied the existence of the meeting as recently as the day before. In the transcript, Tenet says “the system was blinking red” at the time. This statement becomes a chapter title in the 9/11 Commission’s final report but the report, which normally has detailed footnotes, does not make it clear when Tenet said it. [Washington Post, 10/3/2006] Zelikow had close ties to Rice before joining the 9/11 Commission, having co-written a book with her (see March 21, 2004), and became one of her key aides after the commission disbanded (see February 28, 2005). Zelikow does not respond to requests for comments after Tenet’s transcript surfaces. [McClatchy Newspapers, 10/2/2006; Washington Post, 10/3/2006]

Entity Tags: Richard Ben-Veniste, Tim Roemer, Jamie Gorelick, George J. Tenet, Condoleezza Rice, 9/11 Commission, Philip Zelikow, Cofer Black

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

J. William Leonard, the director of the National Archives’s Information Security Oversight Office (ISOO), writes to Attorney General Alberto Gonzales requesting an opinion on Vice President Dick Cheney’s decision to exempt his office from the mandate of Executive Order 12958. The order requires that everyone in the executive branch take steps to protect and secure classified information regarding national security, and report periodically to the ISOO (see 2003). Cheney’s position is that the vice president’s office is not strictly part of the executive branch. Leonard notes that until 2002 Cheney’s office did submit such reports to the ISOO. He also notes that under the Constitution, the vice president’s office is indeed part of the executive branch, and that if it is not, then it is in repeated material breach of national security laws, as it has had routine access to top secret intelligence reports and other materials that are only available to the executive branch. Leonard asks Gonzales to determine that Cheney’s office does indeed fall under the mandate of the executive order. [J.William Leonard, 1/9/2007 pdf file] Gonzales will ignore the letter; Cheney’s office will attempt to abolish the ISOO (see May 29, 2007-June 7, 2007). [Henry A. Waxman, 6/21/2007 pdf file]

Entity Tags: J. William Leonard, Alberto R. Gonzales, Information Security Oversight Office, Richard (“Dick”) Cheney, National Archives and Records Administration

Timeline Tags: Civil Liberties

J. William Leonard, the director of the Information Security Oversight Office (ISOO) of the National Archives, testifies before the House Oversight Committee that David Addington, the chief of staff for Vice President Dick Cheney, attempted to eliminate ISOO in retaliation for its request that Cheney’s office report its classification activities (see 2003 and January 9, 2007). Since 2003, Cheney’s office has said that it is not required to follow a brace of executive orders mandating annual disclosure of information about its classification activities to the ISOO. According to Leonard, Addington tried to have the executive orders rewritten to abolish the ISOO and to exempt the Office of the Vice President (OVP) from oversight. Leonard says that those proposed changes were rejected. [Henry A. Waxman, 6/21/2007 pdf file; New York Times, 6/22/2007; Newsweek, 12/27/2007]

Entity Tags: Information Security Oversight Office, David S. Addington, House Committee on Oversight and Government Reform, J. William Leonard, National Archives and Records Administration, Office of the Vice President

Timeline Tags: Civil Liberties

Henry Waxman (D-CA), the chairman of the House Oversight Committee, writes to Vice President Cheney demanding an explanation for his decision not to comply with executive orders (see 2003). Cheney’s office, like other executive branch entities, is required to annually report on the amount of documents it is classifying, and how those documents are being kept secure. The annual requests are made in pursuance of an executive order, last updated by President Bush in 2003. The order states that it applies to any “entity within the executive branch that comes into the possession of classified information.” Cheney has justified the decision by saying that because the Vice President is also the president of the Senate, the vice president’s office is not strictly a part of the executive branch, and therefore is not subject to the president’s executive orders; he cites as evidence his Constitutional role as a tie breaker in the Senate. Waxman writes, “Your decision to exempt your office from the President’s order is problematic because it could place national security secrets at risk. It is also hard to understand given the history of security breaches involving officials in your office.” Waxman’s point is that, if Cheney’s office is not part of the executive branch, then it is not authorized to view many of the classified documents it routinely receives; therefore the viewing of these documents by Cheney and his officials constitutes a breach of security. Waxman writes, “I question both the legality and the wisdom of your actions. In May 2006, an official in your office [Leandro Aragoncillo] pled guilty to passing classified information to individuals in the Philippines [as part of a plot to overthrow President Gloria Macapagal Arroyo… Aragoncillo reportedly disclosed numerous secret and top secret documents to Philippine officials over several years while working in your office.… In March 2007, your former chief of staff, Lewis ‘Scooter’ Libby, was convicted of perjury, obstruction of justice, and false statements for denying his role in disclosing the identity of a covert CIA agent (see November 20, 2007). In July 2003, you reportedly instructed Mr. Libby to disclose information from a National lntelligence Estimate to Judith Miller, a former New York Times reporter. This record does not inspire confidence in how your office handles the nation’s most sensitive security information. Indeed, it would appear particularly irresponsible to give an office with your history of security breaches an exemption from the safeguards that apply to all other executive branch officials.… Your office may have the worst record in the executive branch for safeguarding classified information.” Waxman notes that Cheney’s office is notorious for declassifying information for purely political reasons, as in the Libby case. Waxman concludes, “Given this record, serious questions can be raised about both the legality and the advisability of exempting your office from the rules that apply to all other executive branch officials.” [Congress Committee On Oversight And Government Reform, 6/21/2007; New York Times, 6/22/2007] The next day, when asked what he believes about Cheney’s position, Senate Majority Leader Harry Reid will quip, “I always thought that he was president of this administration.” [Cox News Service, 6/22/2007] Five days later, Waxman will say, “I know the vice president wants to operate with unprecedented secrecy, but this is absurd. This order is designed to keep classified information safe. His argument is really that he’s not part of the executive branch, so he doesn’t have to comply.… He doesn’t have classified information because of his legislative function. It’s because of his executive function.” [New York Times, 6/22/2007]

Entity Tags: Richard (“Dick”) Cheney, Judith Miller, Information Security Oversight Office, Gloria Macapagal Arroyo, Harry Reid, Henry A. Waxman, Leandro Aragoncillo, Lewis (“Scooter”) Libby

Timeline Tags: Civil Liberties

House Democratic Caucus chairman Rahm Emanuel (D-IL) says that if Vice President Dick Cheney does not accept that his office is an “entity within the executive branch,” then taxpayers should not finance his executive expenses. Cheney has refused to comply with executive branch rules governing disclosure of classification procedures by claiming that the vice president is part of the legislative branch as well as the executive (see 2003). Cheney needs to make up his mind one way or the other, Emanuel says, and live with the consequences. Cheney spokeswoman Lea Ann McBride retorts that Emanuel “can either deal with the serious issues facing our country or create more partisan politics.” In response to a letter from Henry Waxman (D-CA), chairman of the House Oversight Committee, that charges Cheney with refusing to obey a 2003 executive order requiring that all executive offices detail the number of documents they classify or declassify (see June 21, 2007), President Bush has already said that reporting requirements do not cover either his office or Cheney’s. And McBride says that because of Bush’s decision, the question of whether the office is part of the executive or the legislative branch is irrelevant. “The executive order’s intent is to treat the vice president like the president, rather than like an agency” within the executive branch, McBride says. Many Democrats disagree. Senator Dianne Feinstein (D-CA) calls Cheney’s position “the height of arrogance,” and says Emanuel’s proposal “might not be a bad idea.” [USA Today, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, Rahm Emanuel, House Committee on Oversight and Government Reform, George W. Bush, Dianne Feinstein, Henry A. Waxman, Lea Anne McBride

Timeline Tags: Civil Liberties

John Kerry.John Kerry. [Source: Peace Corps]Senator John Kerry (D-MA) writes to David Addington, the chief of staff to Vice President Dick Cheney, challenging Cheney and Addington’s claim that the Vice Presidency is not part of the executive branch (see 2003). Kerry tells reporters, “It comes as no surprise that the ‘imperial president’ and his vice president are once again trying to dodge scrutiny with a ridiculous claim that Dick Cheney is not part of the executive branch of government. This is an unprecedented break with hundreds of years of history, and undermines the integrity of executive power and the Executive Order as an institution.” In the letter, Kerry writes of his concern: “[Cheney] self-designated his position as part of neither the legislative branch nor the executive branch, and is therefore not accountable to the laws that govern either branch.… This is an unprecedented break with hundreds of years of history and does not keep good faith with the hierarchy of government. While I appreciate that the Vice President has authority as President of the Senate, this does not exclude him from the executive and its oversight. Claiming to be party to neither the legislative branch nor the executive branch only serves to evade a standing executive order and bring secrecy to the Office of the Vice President.… The Vice President has routinely operated as a member of the executive branch and all the benefits and responsibilities that comes with that position. To propose that all this time the Vice President did not believe he was functioning as a member of the executive branch is disingenuous.” Kerry demands the reasoning behind Cheney and Addington’s assertions, and, in light of Cheney’s refusal to comply with reporting requirements of the National Archives as to how it treats classified documents, demands “to know what steps the Office is taking to protect classified information. This is our nation’s most sensitive information and it is critical that it is kept protected which is why the Archives does this oversight.” [John Kerry, 6/25/2007]

Entity Tags: Richard (“Dick”) Cheney, David S. Addington, John Kerry, Office of the Vice President, National Archives and Records Administration

Timeline Tags: Civil Liberties

Aziz Huq.Aziz Huq. [Source: American Prospect]Civil libertarian Aziz Huq writes that Vice President Dick Cheney’s claim that his office is not part of the executive branch and therefore not subject to compliance with executive orders (see 2003 and June 21, 2007) is a genuine constitutional crisis. Huq writes, “The term ‘constitutional crisis’ is much abused, invoked generally whenever Congress shows some life. Confrontations on war funding and Congressional subpoenas, to cite recent examples, are in fact as old as the Republic. They are but healthy sparks from a constitutional confrontation of ‘ambition against ambition,’ precisely as the Framers intended. But the true crisis is hidden in plain sight—the existence of an office in the Constitution—the Vice President’s—with no real remit and no real limits, open to exploitation and abuse.” It is nonsensical, Huq writes, for Cheney on the one hand to claim that as a member of the executive branch he has access to the most secret of classified documents, and on the other hand he is not subject to oversight because he is not a member of the executive branch. Cheney receives these documents as a senior member of the executive branch, not of the legislative. Yet, as president of the Senate, Cheney is not subject to the strict Senate rules on handling classified documents—rules far stricter than those imposed on senior members of the executive branch. Cheney’s arguments create what Huq calls a “legal black hole (another one!) where classified documents can disappear without a trace.” Huq finally asks, “Why should addition of legislative duties trigger the subtraction of executive obligations? In lawyerly terms, the 2003 order applies to ‘any’ entity within the executive branch. Having another label doesn’t stop Cheney from being one of those ‘any’ entities.” Huq says, “If it weren’t so frightening, the irony would be delicious: A Vice President who has done more than any other to push the envelope on executive privilege at the expense of the courts and Congress takes the position that his office has both legislative and executive functions so as to avoid accounting for the use of classified materials. Any veneer of intellectual legitimacy that executive power defenders have caked on their vision of a monarchical executive evaporates in the glare of this naked opportunism.… Cheney and [chief of staff David] Addington will go down in history as the most aggressive and successful advocates of executive powers in this nation’s history.… They grounded their vision of executive power on the prerogatives exercised by the British kings who were overthrown by the American Revolution.” Huq recommends that Congress clarify the situation with legislation that would clearly create a system for handling classified documents that would be binding on the entire government, including the Office of the Vice President. [Nation, 6/26/2007]

Entity Tags: Aziz Huq, Richard (“Dick”) Cheney, Office of the Vice President, David S. Addington

Timeline Tags: Civil Liberties

After saying that if Vice President Dick Cheney does not consider himself entirely part of the executive branch, then taxpayers should not fund his executive branch office (see June 24, 2007), House Democrats led by Rahm Emanuel (D-IL) move to strip federal funding for the Office of the Vice President (OVP). Cheney has said that because the vice president is not strictly part of the executive branch, therefore he and his office are not subject to an executive order mandating disclosure of how many documents his office has classified. President Bush has said that neither his office nor Cheney’s is subject to that order. Emanuel notes that, five years ago, Cheney claimed executive privilege in refusing to release information about oil industry executives during meetings of his Energy Task Force. “Now when we want to know what he’s doing as it relates to America’s national security in the lead-up to the war in Iraq and after the fact, the vice president has declared he is a member of the legislative branch,” Emanuel says. Therefore, “we will no longer fund the executive branch of his office and he can live off the funding for the Senate presidency.” As vice president, Cheney presides over the Senate. [CBS News, 6/27/2007] The federal government, through the executive branch, pays about $4.8 million a year to fund the OVP. [Politico (.com), 6/27/2007] After Cheney’s chief of staff David Addington tacitly admits that Cheney is, after a fashion, part of the executive branch (see June 26, 2007), the Democrats drop their proposal to strip Cheney’s office of executive branch funding.

Entity Tags: Rahm Emanuel, David S. Addington, Energy Task Force, Office of the Vice President, Richard (“Dick”) Cheney, George W. Bush

Timeline Tags: Civil Liberties

Congress Daily reporter Keith Koffler writes an article saying that Vice President Dick Cheney’s own words contradict his assertions that the vice president is not a true member of the executive branch (see 2003 and June 21, 2007). Cheney once did note he is “a product of the United States Senate” and has no “official duties” in the White House—but those words were intended as a joke. According to Knoffler, on more serious occasions Cheney has repeatedly insisted that he is a fully-fledged member of the executive branch (see April 9, 2003 and April 14, 2004). Just after assuming office, President Bush asserted the same thing (see Late January, 2001). Knoffler finds that the White House Web site notes, “To learn more about the executive branch please visit the president’s Cabinet page on the White House Web site.” Clicking on the “Cabinet page” shows Cheney to be a member of the Cabinet. The Senate Web page, on the other hand, reads: “During the twentieth and twenty-first centuries the vice president’s role has evolved into more of an executive branch position, and is usually seen as an integral part of a president’s administration. He presides over the Senate only on ceremonial occasions or when a tie-breaking vote may be needed.” [Congress Daily, 6/29/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Keith Koffler

Timeline Tags: Civil Liberties

Larry King.Larry King. [Source: Newsday]After backing down from a confrontation with Congress over his assertion that the Office of the Vice President (OVP) is separate from the executive branch (see 2003 and June 26, 2007), Dick Cheney again implies that the OVP is a separate entity. In two separate media interviews, one with CNN’s Larry King and another with CBS’s Mark Knoller, Cheney makes the argument that as vice president, “I have a foot in both camps, if you will.… The job of the vice president is an interesting one, because you’ve got a foot in both the executive and the legislative branch.” He tells King, “The fact is, the vice president is sort of a weird duck in the sense that you do have some duties that are executive and some are legislative.” To Knoller, he says, “The vice president is kind of a unique creature, if you will, in that you’ve got a foot in both branches.” [Wall Street Journal, 7/31/2007]

Entity Tags: Larry King, Richard (“Dick”) Cheney, Office of the Vice President, Mark Knoller

Timeline Tags: Civil Liberties

John Brennan.John Brennan. [Source: PBS]An article in the New Yorker magazine reveals that the CIA interrogations of 9/11 mastermind Khalid Shaikh Mohammed (KSM) were not as reliable as they are typically made out to be. Mohammed was interrogated with methods such as waterboarding that are regarded as torture by many. CIA official John Brennan, former chief of staff for CIA Director George Tenet, acknowledges, “All these methods produced useful information, but there was also a lot that was bogus.” One former top CIA official estimates that “ninety per cent of the information was unreliable.” Cables of Mohammed’s interrogation transcripts sent to higher-ups reportedly were prefaced with the warning that “the detainee has been known to withhold information or deliberately mislead.” [New Yorker, 8/6/2007] For instance, one CIA report of his interrogations was called, “Khalid Shaikh Mohammed’s Threat Reporting—Precious Truths, Surrounded by a Bodyguard of Lies” (see June 16, 2004). [Los Angeles Times, 6/23/2004] Former CIA analyst Bruce Riedel asks, “What are you going to do with KSM in the long run? It’s a very good question. I don’t think anyone has an answer. If you took him to any real American court, I think any judge would say there is no admissible evidence. It would be thrown out.” Senator Carl Levin (D-MI) says, “A guy as dangerous as KSM is, and half the world wonders if they can believe him—is that what we want? Statements that can’t be believed, because people think they rely on torture?” [New Yorker, 8/6/2007] Journalist James Risen wrote in a 2006 book, “According to a well-placed CIA source, [Mohammed] has now recanted some of what he previously told the CIA during his interrogations. That is an enormous setback for the CIA, since [his debriefings] had been considered among the agency’s most important sources of intelligence on al-Qaeda. It is unclear precisely which of his earlier statements [he] has now disavowed, but any recantation by the most important prisoner in the global war on terror must call into question much of what the United States has obtained from other prisoners around the world…” [Risen, 2006, pp. 33] In a 2008 Vanity Fair interview, a former senior CIA official familiar with the interrogation reports on Mohammed will say, “90 percent of it was total f_cking bullsh_t.” A former Pentagon analyst will add: “KSM produced no actionable intelligence. He was trying to tell us how stupid we were.” [Vanity Fair, 12/16/2008]

Entity Tags: Central Intelligence Agency, Carl Levin, John O. Brennan, Bruce Riedel, Khalid Shaikh Mohammed

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

The Office of the Vice President (OVP) says it is not part of the Executive Office of the President. It had previously argued it was not part of the executive branch at all (see 2003 and June 21, 2007), but had abandoned that claim two months before (see June 26, 2007). In a letter from Vice President Cheney’s counsel Shannen Coffin to Patrick Leahy (D-VT), the chairman of the Senate Judiciary Committee, Coffin asks for more time to produce documents related to the NSA’s domestic surveillance program. In her letter, Coffin writes that the “committee authorized the chairman to issue subpoenas to the Executive Office of the President and Department of Justice, but did not authorize issuance of a subpoena to the Office of the Vice President.” [Office of the Vice President, 8/20/2007 pdf file] Leahy responds, “The administration’s response today also claims that the Office of the Vice President is not part of the Executive Office of the President. That is wrong. Both the United States Code and even the White House’s own web site say so—at least it did as recently as this morning.” [US Senate, 8/20/2007] The National Journal’s Jane Roh writes, “Any constitutional lawyer worth his or her salt will tell you this line of argument ends badly for Cheney.” [National Journal, 8/21/2007]

Entity Tags: Shannen Coffin, Executive Office of the President, Jane Roh, Patrick J. Leahy, US Department of Justice, Office of the Vice President

Timeline Tags: Civil Liberties

Scott McClellan.Scott McClellan. [Source: White House]Former White House press secretary Scott McClellan says he “passed along false information” at the behest of five top Bush administration officials—George W. Bush, Dick Cheney, Karl Rove, Lewis Libby, and Andrew Card—about the outing of CIA agent Valerie Plame Wilson during his time in the White House. McClellan is preparing to publish a book about his time in Washington, to be titled What Happened: Inside the Bush White House and What’s Wrong With Washington and available in April 2008. [Editor & Publisher, 11/20/2007] According to McClellan’s publisher Peter Osnos, McClellan doesn’t believe that Bush deliberately lied to him about Libby’s and Rove’s involvement in the leak. “He told him something that wasn’t true, but the president didn’t know it wasn’t true,” Osnos says. “The president told him what he thought to be the case.” [Bloomberg, 1/20/2007] Early in 2007, McClellan told reporters that everything he said at the time was based on information he and Bush “believed to be true at the time based on assurances that we were both given.” [Associated Press, 11/21/2007] In his book, McClellan writes: “Andy Card once remarked that he viewed the Washington media as just another ‘special interest’ that the White House had to deal with, much like the lobbyists or the trade associations. I found the remark stunning and telling.” [McClellan, 2008, pp. 155]
White House Denials; Outrage from Plame, Democrats - White House press secretary Dana Perino says it isn’t clear what McClellan is alleging, and says, “The president has not and would not ask his spokespeople to pass on false information,” adding that McClellan’s book excerpt is being taken “out of context.” Plame has a different view. “I am outraged to learn that former White House press secretary Scott McClellan confirms that he was sent out to lie to the press corps,” she says. Senator Charles Schumer (D-NY) adds, “If the Bush administration won’t even tell the truth to its official spokesman, how can the American people expect to be told the truth either?” [Bloomberg, 1/20/2007; Associated Press, 11/21/2007] Senator and presidential candidate Christopher Dodd (D-CT) calls for a Justice Department investigation into Bush’s role in the Plame outing, and for the new attorney general, Michael Mukasey, to lead the investigation. [Raw Story, 11/21/2007]
Alleged Criminal Conspiracy - Investigative reporter Robert Parry writes: “George W. Bush joined in what appears to have been a criminal cover-up to conceal the role of his White House in exposing the classified identity of covert CIA officer Valerie Plame Wilson. That is the logical conclusion one would draw from [McClellan’s book excerpt] when it is put into a mosaic with previously known evidence.” [Consortium News, 11/21/2007] Author and columnist John Nichols asks if McClellan will become the “John Dean of the Bush administration,” referring to the Nixon White House counsel who revealed the details of the crimes behind the Watergate scandal. Nichols writes: “It was Dean’s willingness to reveal the details of what [was] described as ‘a cancer’ on the Nixon presidency that served as a critical turning point in the struggle by a previous Congress to hold the 37th president to account. Now, McClellan has offered what any honest observer must recognize as the stuff of a similarly significant breakthrough.” Former Common Cause President Chellie Pingree says: “The president promised, way back in 2003, that anyone in his administration who took part in the leak of Plame’s name would be fired. He neglected to mention that, according to McClellan, he was one of those people. And needless to say, he didn’t fire himself. Instead, he fired no one, stonewalled the press and the federal prosecutor in charge of the case, and lied through his teeth.” [Nation, 1/21/2007]

Entity Tags: Peter Osnos, Public Affairs, Michael Mukasey, Scott McClellan, Robert Parry, Richard M. Nixon, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Karl C. Rove, Richard (“Dick”) Cheney, John Nichols, Central Intelligence Agency, Andrew Card, Bush administration (43), Charles Schumer, Joseph C. Wilson, Christopher Dodd, George W. Bush, Dana Perino, Chellie Pingree

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing

J. William Leonard, resigning his post as the director of the Information Security Oversight Office (ISOO) at the National Archives after 34 years of government service, says his battles with the Office of the Vice President (OVP) are a contributing factor in his decision to resign. Leonard’s office challenged Dick Cheney’s attempt to declare his office exempt from federal rules governing classified information, and in return Cheney’s chief of staff, David Addington, attempted to have ISOO abolished (see 2003 and May 29, 2007-June 7, 2007). Leonard is described by Archivist Allen Weinstein as “the gold standard of information specialists in the federal government.” Leonard says that he was “disappointed that rather than engage on the substance of an issue, some people would resort to that.” Leonard says he was frustrated when President Bush announced that he never intended for Cheney’s office to have to comply with classification reporting rules: “I’ve had 34 years of frustration. That’s life in the big city. I also accept that I’m not always right…. But this was a big thing as far as I was concerned.”
Possible Connection to Plame Affair - Leonard refuses to say whether he believes the timing of Cheney’s decision—the fall of 2003, the same time as the media began paying attention to the outing of CIA agent Valerie Plame Wilson—is significant, but “some of the things based on what I’ve read [have] given me cause for concern.” Leonard says that some of the exhibits in the trial of former Cheney chief of staff Lewis Libby were annotated “handle as SCI,” or “sensitive compartmentalized information,” including an unclassified transcript of a conversation between Cheney and his staff members about concocting a plan to respond to the media over the allegations of Wilson’s husband, Joseph Wilson.
National Security vs. National Security - Leonard believes that the government needs to “introduce a new balancing test” for deciding whether to classify information. “In the past, we’ve looked at it as, ‘we have to balance national security against the public’s right to know or whatever.’ My balancing test would be national security versus national security: yes, disclosing information may cause damage, but you know what, withholding that information may even cause greater damage…. And I don’t think we sufficiently take[…] that into greater account. The global struggle that we’re engaged in today is more than anything else an ideological struggle. And in my mind… that calls for greater transparency, not less transparency. We’re in a situation where we’re attempting to win over the hearts and minds of the world’s population. And yet, we seem to have a habit—when we restrict information, we’re often times find ourselves in a position where we’re ceding the playing field to the other side. We allow ourselves to be almost reduced to a caricature by taking positions on certain issues, oh, we simply can’t talk about that.” [Newsweek, 12/27/2007]

Entity Tags: Valerie Plame Wilson, Richard (“Dick”) Cheney, Office of the Vice President, Lewis (“Scooter”) Libby, Joseph C. Wilson, David S. Addington, National Archives and Records Administration, Allen Weinstein, J. William Leonard, Information Security Oversight Office, George W. Bush

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

In an op-ed published by the New York Times, former 9/11 Commission chairman Tom Kean and vice-chairman Lee Hamilton write that their 9/11 inquiry was “obstructed” by the CIA, which failed to provide them with videotapes of detainee interrogations. The White House also knew of the videotapes’ existence but failed to inform the Commission, which had repeatedly asked for all material related to detainee interrogations and was unhappy with what the CIA gave it (see Summer 2003-January 2004, Summer 2003, November 5, 2003-January 2004, and After January 2004). Kean and Hamilton write that the CIA “failed to respond to our lawful requests for information about the 9/11 plot. Those who knew about those videotapes—and did not tell us about them—obstructed our investigation. There could have been absolutely no doubt in the mind of anyone at the CIA—or the White House—of the commission’s interest in any and all information related to Qaeda detainees involved in the 9/11 plot. Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations.” [New York Times, 1/2/2008]

Entity Tags: Thomas Kean, 9/11 Commission, Central Intelligence Agency, Lee Hamilton

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

MSNBC counts the number of endnotes in the 9/11 Commission report that cite detainee interrogations and finds that more than a quarter of them—441 out of over 1,700—do so. It is widely believed that the detainees were tortured while in US custody, and that statements made under torture are unreliable. One of the detainees, alleged 9/11 mastermind Khalid Shaikh Mohammed, whose interrogations are mentioned hundreds of times in the report (see After January 2004), was extensively waterboarded (see Shortly After February 29 or March 1, 2003), and a CIA manager said that up to 90 percent of the information he provided under questioning was unreliable (see August 6, 2007). The endnotes often give the sources of the information contained in the main text. MSNBC comments: “The analysis shows that much of what was reported about the planning and execution of the terror attacks on New York and Washington was derived from the interrogations of high-ranking al-Qaeda operatives. Each had been subjected to ‘enhanced interrogation techniques.’ Some were even subjected to waterboarding.” In addition, many of the endnotes that cite detainee interrogations are for the report’s “most critical chapters”—five, six, and seven—which cover the planning of the attacks and the hijackers’ time in the US. In total, the Commission relied on more than 100 CIA interrogation reports. Its Executive Director Philip Zelikow admits that “quite a bit, if not most” of its information on the 9/11 conspiracy “did come from the interrogations.” Karen Greenberg, director of the Center for Law and Security at New York University’s School of Law, says, “It calls into question how we were willing to use these interrogations to construct the narrative.” [MSNBC, 1/30/2008]

Entity Tags: Center for Law and Security, 9/11 Commission, MSNBC, Philip Zelikow, Karen Greenberg

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Center for Constitutional Rights (CCR), an organization dedicated to the protection of civil liberties, releases a statement saying it is “outraged” by revelations about the extent to which the 9/11 Commission report was based on statements from detainees who are said to have been tortured. After MSNBC finds that over a quarter of the report’s endnotes cite detainee interrogations (see January 30, 2008), CCR President Michael Ratner says: “If the Commission suspected there was torture, they should have realized that as a matter of law, evidence derived from torture is not reliable, in part because of the possibility of false confession…at the very least, they should have added caveats to all those references (note: the Commission’s report does contain one caveat related to two chapters—see After January 2004). The Commission’s heavy reliance on tainted sources reinforces the notion that we as a nation have not yet come to terms with the reality that the US engaged in torture. Until we do so, we undermine our credibility in the eyes of the world as a nation of hypocrites.” [Center for Constitutional Rights, 1/31/2008]

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

CIA Director Michael Hayden and Director of National Intelligence Mike McConnell testify to a Senate committee that US officials had indeed waterboarded three terrorist suspects (see May 2002-2003, Mid-May 2002 and After, (November 2002), and After March 7, 2003). Hayden and McConnell, testifying before the Senate Intelligence Committee, say that while the CIA banned the use of waterboarding (see Between May and Late 2006), the agency might authorize it again if circumstances warranted. Hayden says that the CIA found it necessary to waterboard the three suspects—alleged 9/11 mastermind Khalid Shaikh Mohammed, militant training camp facilitator Abu Zubaida, and al-Qaeda manager Abd al-Rahim al-Nashiri—because the US believed they had information about an imminent attack, and because it needed information about al-Qaeda immediately. “Those two circumstances have changed,” says Hayden. McConnell calls waterboarding a “lawful technique” that could be used again if needed. Hayden says the CIA has held fewer than 100 detainees, and of those, less than a third were put through what he calls “enhanced techniques.” Hayden also admits that “private contractors” took part in subjecting detainees to those “enhanced techniques,” which many call torture. He says he is not sure if any contractors were involved in waterboarding anyone. Senator Richard Durbin (D-IL) calls for an immediate Justice Department investigation into whether waterboarding is a criminal act. [Wall Street Journal, 2/6/2008] Two days later, Attorney General Michael Mukasey announces his decision not to investigate the US’s use of waterboarding (see February 7, 2008).

Entity Tags: Michael Hayden, Abu Zubaida, Abd al-Rahim al-Nashiri, Al-Qaeda, Khalid Shaikh Mohammed, Mike McConnell, Senate Intelligence Committee, Michael Mukasey, Central Intelligence Agency, Office of the Director of National Intelligence, Richard (“Dick”) Durbin

Timeline Tags: Torture of US Captives

In his first exit interview after the November 2008 elections, Vice President Dick Cheney unapologetically acknowledges that the US used waterboarding on suspected terrorists, and says that the Guantanamo Bay prison should remain open until terrorism has been eradicated. Methods such as waterboarding were indeed used on at least one subject, suspected 9/11 plotter Khalid Shaikh Mohammed (see May 2002-2003, Shortly After February 29 or March 1, 2003, March 7 - Mid-April, 2003, After March 7, 2003, and May 2003), Cheney says, but he goes on to claim that those methods do not constitute torture. “On the question of so-called torture, we don’t do torture,” he says. “We never have. It’s not something that this administration subscribes to. I think those who allege that we’ve been involved in torture, or that somehow we violated the Constitution or laws with the terrorist surveillance program, simply don’t know what they’re talking about.” Asked if he authorized the waterboarding of Mohammed, Cheney says: “I was aware of the program, certainly, and involved in helping get the process cleared, as the agency [CIA] in effect came in and wanted to know what they could and couldn’t do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it.” Cheney says that waterboarding Mohammed produced critically important information: “There was a period of time there, three or four years ago, when about half of everything we knew about al-Qaeda came from that one source. So it’s been a remarkably successful effort. I think the results speak for themselves.” Cheney adds that the invasion of Iraq and the overthrow of Saddam Hussein were justified regardless of whether that nation possessed weapons of mass destruction. The only thing US intelligence got wrong, he says, “was that there weren’t any stockpiles. What they found was that Saddam Hussein still had the capability to produce weapons of mass destruction. He had the technology, he had the people, he had the basic feed stock.” [ABC News, 12/15/2008; ABC News, 12/15/2008] In the US, waterboarding has been considered a war crime at least as far back as World War II (see 1947, January 21, 1968, and November 29, 2007); in 2007, a judge concurred (see November 4, 2007). A former senior Justice Department official determined that waterboarding is torture (see Late 2004-Early 2005), as did a former deputy secretary of state who was subjected to waterboarding as part of his military training (see January 21, 2009) and a US senator who was a prisoner of war in Vietnam (see April 20, 2009). The CIA suspended the use of waterboarding in 2005 after determining that the technique was most likely ineffective and certainly illegal (see Shortly After April 28, 2004-February 2005), and banned it entirely in 2006 (see Between May and Late 2006); the CIA’s Inspector General determined that the practice was torture (see March 6, 2009). The FBI and DIA have forbidden their agents from using the technique (see May 13, 2004 and February 7, 2008). The US military banned its use in 2006 (see September 6, 2006). The king of Saudi Arabia will accuse the Bush administration of torturing prisoners in its custody (see April 24, 2009). The information derived from torturing Mohammed and other prisoners is widely considered unreliable (see August 6, 2007, April 16, 2009, December 18, 2008, and March 29, 2009), and may well have been initially designed to elicit false confessions (see April 22, 2009).

Entity Tags: Central Intelligence Agency, Al-Qaeda, Bush administration (43), Richard (“Dick”) Cheney, Saddam Hussein, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

Vanity Fair reporter David Rose publishes an extensive examination of the US’s use of torture to extract information from a number of suspected militant Islamists, focusing on three subjects: Abu Zubaida (see April - June 2002, Mid-April-May 2002, May 2002-2003, Mid-May, 2002, Mid-May 2002 and After, June 2002, and December 18, 2007), Khalid Shaikh Mohammed (see May 2002-2003, March 7 - Mid-April, 2003, After March 7, 2003, and August 6, 2007), and Binyam Mohamed (see May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). The conclusion he draws, based on numerous interviews with current and former CIA, military, and administration sources, is that torture not only does not work to provide reliable intelligence, it provides so much false information that it chokes the intelligence system and renders the intelligence apparatus unreliable. One CIA official tells Rose: “We were done a tremendous disservice by the [Bush] administration. We had no background in this; it’s not something we do. They stuck us with a totally unwelcome job and left us hanging out to dry. I’m worried that the next administration is going to prosecute the guys who got involved, and there won’t be any presidential pardons at the end of it. It would be okay if it were [former Attorney Generals] John Ashcroft or Alberto Gonzales. But it won’t be. It’ll be some poor GS-13 who was just trying to do his job.”
Enormous Waste of Resources - A veteran FBI counterterrorism agent says the waste of time and resources on false leads generated through torture has been enormous. “At least 30 percent of the FBI’s time, maybe 50 percent, in counterterrorism has been spent chasing leads that were bullsh_t,” he says. “There are ‘lead squads’ in every office trying to filter them. But that’s ineffective, because there’s always that ‘What if?’ syndrome. I remember a claim that there was a plot to poison candy bought in bulk from Costco. You follow it because someone wants to cover himself. It has a chilling effect. You get burned out, you get jaded. And you think, ‘Why am I chasing all this stuff that isn’t true?’ That leads to a greater problem—that you’ll miss the one that is true. The job is 24-7 anyway. It’s not like a bank job. But torture has made it harder.”
No Proof of Efficacy of Torture - Former FBI counterterrorism specialist Dan Cloonan points to the near-total lack of proof the administration has been able to advance to show that torture works. “The proponents of torture say, ‘Look at the body of information that has been obtained by these methods,’” he says. “But if KSM [Khalid Shaikh Mohammed] and Abu Zubaida did give up stuff, we would have heard the details. What we got was pabulum.” A former CIA officer says: “Why can’t they say what the good stuff from Abu Zubaida or KSM is? It’s not as if this is sensitive material from a secret, vulnerable source. You’re not blowing your source but validating your program. They say they can’t do this, even though five or six years have passed, because it’s a ‘continuing operation.’ But has it really taken so long to check it all out?”
Propaganda Value - Officials who analyzed Zubaida’s interrogation reports say that his reports were given such credence within the White House not because of the American lives they would supposedly save, but because they could be used to rebut those who criticized the Iraq invasion. “We didn’t know he’d been waterboarded and tortured when we did that analysis, and the reports were marked as credible as they could be,” says a former Pentagon analyst. “The White House knew he’d been tortured. I didn’t, though I was supposed to be evaluating that intelligence.” He was unable to draw valid conclusions about the importance of Zubaida’s confessions without knowing how the information was extracted. “It seems to me they were using torture to achieve a political objective,” he says. “I cannot believe that the president and vice president did not know who was being waterboarded, and what was being given up.”
False Claims of Preventing London Attack - President Bush has claimed that secret CIA black site interrogations “helped foil a plot to hijack passenger planes and fly them into Heathrow [Airport] and London’s Canary Wharf” (see October 6, 2005). The former head of Scotland Yard’s anti-terrorist branch, Peter Clarke, who served through May 2008 and helped stop several jihadist attacks, says Bush’s claim is specious. Clarke says it is possible that al-Qaeda had considered some sort of project along the lines of Bush’s assertion, but if it had, it was nowhere near fruition. “It wasn’t at an advanced stage in the sense that there were people here in the UK doing it,” he says. “If they had been, I’d have arrested them.” No terror plot of which Clarke is aware has been foiled due to information gathered due to torture.
FBI Director Confirms No Plots Disrupted by Torture Interrogations - Rose concludes by quoting an interview he held with FBI Director Robert Mueller in April 2008. Rose lists a number of plots disrupted by the FBI, all “foiled by regular police work.” He asked Mueller if he was aware of any attacks on America that had been disrupted thanks to what the administration calls “enhanced techniques.” Mueller responded, “I’m really reluctant to answer that.” He paused, looked at an aide, then said quietly, “I don’t believe that has been the case.” [Vanity Fair, 12/16/2008] On April 21, 2009, a spokesman for Mueller will say, “The quote is accurate.” [New York Times, 4/22/2008]

Entity Tags: Central Intelligence Agency, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, US Department of Defense, Robert S. Mueller III, Peter Clarke, Khalid Shaikh Mohammed, Federal Bureau of Investigation, David Rose, George W. Bush, Dan Cloonan, John Ashcroft, Binyam Mohamed

Timeline Tags: Torture of US Captives

Military judge Colonel James Pohl denies the Obama administration’s request to suspend legal proceedings at Guantanamo Bay (see January 20, 2009) in the case of a detainee accused of planning the attack on the USS Cole (see October 12, 2000). Because of Pohl’s order, the Pentagon may be forced to temporarily withdraw charges against accused Cole plotter Abd al-Rahim al-Nashiri and perhaps 20 other detainees facing military trials, including 9/11 mastermind Khalid Shaikh Mohammed (see January 5-8, 2000 and November-December 2000).
White House Response - Obama officials are startled by Pohl’s order, as five other military judges have agreed to the government’s request. White House press secretary Robert Gibbs says, “We just learned of the ruling here… and we are consulting with the Pentagon and the Department of Justice to explore our options in that case.” Asked if the decision will hamper the administration’s ability to evaluate detainees’ cases, Gibbs replies, “Not at all.”
Judge: Government Arguments 'Unpersuasive' - Pohl says he finds the government’s arguments in favor of suspension “unpersuasive” and that the case will go forward because “the public interest in a speedy trial will be harmed by the delay in the arraignment.” The White House wants the delay in order to review the cases of the approximately 245 detainees at Guantanamo and decide the disposition of each case. Pohl says he is bound by the Military Commissions Act (see October 17, 2006), “which remains in effect.”
Reactions Mixed - Navy Commander Kirk Lippold, who commanded the Cole when it was attacked, says he is “delighted” with the ruling, and adds, “It proves the military commissions work without undue command influence, and this decision puts us back on track to see an accounting for al-Nashiri’s terrorist acts.” Human rights activists disagree, with many arguing that the charges against al-Nashiri and perhaps other detainees should be withdrawn in order to allow the option of preserving or reforming military commissions at a new location. “Given that the Guantanamo order was issued on day two of the new administration, the president was clearly trying to make the immediate decisions needed while giving himself the flexibility to deal with the rest down the road,” says Human Rights Watch official Jennifer Daskal. “That said, the only sure way to ensure that the commissions process is brought to a halt is to now withdraw the charges.”
Options for Proceeding - Susan Crawford, the Pentagon official who approves charges and refers cases to trial (see January 14, 2009), can withdraw charges “without prejudice,” which would allow for refiling at a later date, whether under a modified military commissions procedure or for a civilian or military court. Pentagon spokesman Geoff Morrell says, “And so while that executive order is in force and effect, trust me, there will be no proceedings continuing down at Gitmo with military commissions.” Al-Nashiri’s case is complicated by the fact that he is one of at least three detainees who were waterboarded by CIA interrogators (see May 2002-2003). [Washington Post, 1/30/2009]

Entity Tags: Susan Crawford, Abd al-Rahim al-Nashiri, Geoff Morrell, James L. Pohl, Jennifer Daskal, Khalid Shaikh Mohammed, Obama administration, US Department of Justice, Kirk Lippold, Robert Gibbs, US Department of Defense

Timeline Tags: Civil Liberties

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

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

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

MSNBC host Rachel Maddow interviews former State Department official Philip Zelikow.MSNBC host Rachel Maddow interviews former State Department official Philip Zelikow. [Source: Crooks and Liars (.com)]Former State Department adviser Philip Zelikow (see February 28, 2005) reveals that in June 2005, he wrote a secret memo challenging the Bush administration’s legal reasoning behind its decision to authorize torture (see June 2005). Zelikow writes that until now he has never publicly discussed the memo, but with the recent release of four Office of Legal Counsel memos (see April 16, 2009), he feels he can now do so without fear of breaking the law. [Foreign Policy, 4/21/2009] The memos were ordered destroyed by someone in the White House. Zelikow later says that while he has no proof, his “supposition at the time” was that the office of Vice President Dick Cheney was behind the suppression. Cheney’s office had no authority to request that his memo be suppressed or destroyed, Zelikow will say: “They didn’t run the interagency process. Such a request would more likely have come from the White House counsel’s office or from NSC [National Security Council] staff.” Zelikow will say he never saw any written order pertaining to his memo being suppressed, but he knew of it: “It was conveyed to me, and I ignored it,” he will say. Zelikow will call his memo “a more direct assault on [the Bush Justice Department’s] own interpretation of American law.” [Mother Jones, 5/6/2009] Discussing his memo with MSNBC’s Rachel Maddow, Zelikow recalls that when he first read the memos, he was struck by how “deeply unsound” the legal reasoning in them was. “I wasn’t sure that the president and his advisers understood just how potentially questionable and unreasonable many lawyers and judges would find this reasoning.… They [the memos’ authors] were using an interpretation of how to comply with that standard that I didn’t think any judges or lawyers outside of the administration would find plausible, and I wasn’t sure other folks realized just how implausible it was.” Maddow asks if Zelikow believes, as she does, that the White House wanted “to erase any evidence of the existence of a dissenting view within the administration because it would undercut the legal authority of the advice in those memos, the advice that those techniques would be legal”; Zelikow responds: “That is what I thought at the time. I had the same reaction you did. But I don’t know why they wanted to do it.” [MSNBC, 4/21/2009]

Entity Tags: National Security Council, Rachel Maddow, Bush administration (43), Office of the Vice President, Office of Legal Counsel (DOJ), Philip Zelikow

Timeline Tags: Torture of US Captives

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

Representative Alan Grayson (D-FL), speaking on MSNBC’s The Ed Show to host Ed Schultz, criticizes former President Bush while discussing a current controversy regarding a combined mosque and Islamic community center being built near the ruins of the World Trade Center. Grayson says: “If we are going to talk about 9/11, why don’t we talk about how not so much the people who died on 9/11 were disgraced by the possibility of an Islamic athletic center several blocks away; how about the fact that they were disgraced by a president who let it happen? Who went on vacation for the entire month of August after he was warned in writing that Osama bin Laden was actually finding targets in NYC and learning how to take these planes and do terrible things with them? The [warning] itself said ‘hijacking’ and they did nothing about it” (See August 6, 2001, (August 4-5, 2001), and Between August 6 and September 10, 2001). [Raw Story, 8/21/2010]

Entity Tags: Alan Grayson, George W. Bush

Timeline Tags: Complete 911 Timeline

Eric Bolling, the host of the Fox Business Channel talk show Follow The Money, reads a list of people his viewers say they want waterboarded. The list includes President Obama. Bolling is doing a segment on his viewers’ reaction to the death of Osama bin Laden (see May 2, 2011), and insists, despite claims from Obama administration members and informed outsiders, that bin Laden was located “through waterboarding, simple as that” (see Autumn 2003, August 6, 2007, December 2-4, 2008, December 11, 2008, and March 29, 2009). (Later in the segment, some of his guests dispute that claim.) Bolling says he asked viewers who they wanted to see waterboarded. The respondents, through Facebook, named, among others: “Senate Dems… and then Obama… then the kooks on [the ABC morning talk show] ‘The View,’ starting with Joy” Behar; “Alan Colmes… [t]he secrets of the left-wing cabal will come pouring out of that boy”; “[m]y ex-wife!”; progressive talk show hosts Keith Olbermann and Rachel Maddow; and the far-right, virulently anti-gay Westboro Baptist Church. Bolling concludes the segment with some jocularity with his guests, and jokingly offers to be waterboarded himself. [Media Matters, 5/5/2011]

Entity Tags: Keith Olbermann, Barack Obama, Alan Colmes, Eric Bolling, Obama administration, Fox Business Channel, Westboro Baptist Church, Rachel Maddow, Osama bin Laden, Joy Behar

Timeline Tags: Torture of US Captives, Domestic Propaganda

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