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Context of 'January 28, 2002: Daniel Pearl’s Kidnappers Make Odd Demands for His Release'

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In May 2006, investigative reporters Joe and Susan Trento find that the CIA is continuing a pre-9/11 policy (see July 1990 and January 8, 2000) and deliberately keeping some suspected terrorists off the US international no-fly list, which is aimed at preventing terrorists from traveling to the US and other countries. In addition, it has an agreement with some airlines to allow suspected terrorists who are on the no-fly list to fly anyway. For example, it allows Rayed Abdullah, an associate of alleged 9/11 pilot Hani Hanjour, to fly to New Zealand, where he takes flying lessons (see February-May 30, 2006). The CIA, as well as the Defense Intelligence Agency, keeps some terrorists’ names off the no-fly list because they are already intelligence assets, others are allowed to fly because the CIA hopes to recruit them, and more are allowed to travel just because the CIA wants to see where they are going and who they will meet. In addition, others are kept off the no-fly list at the request of US allies like Pakistan and Saudi Arabia. A former CIA officer says: “I cannot describe to you how reluctant our operational people were to turn over names. Many terrorists act as assets for our case officers. We do deal with bad guys, and, like cops protect snitches, we protect ours, too, and none of those guys is going to show up on the no-fly list anytime soon. So we made a deal. The CIA effectively has the ability to allow people to fly who are on the no-fly list if we deem it in the national interest—just not on domestic airlines.” There are other problems with the no-fly list (see March 2006 and March 2006) and the CIA also penetrates the Federal Air Marshal Service to ensure that terrorists can fly openly without the marshals’ knowledge (see Before 2006). [Trento and Trento, 2006, pp. xiii, 187, 192-3]

Entity Tags: Central Intelligence Agency, Defense Intelligence Agency, Joseph Trento, Susan Trento

Timeline Tags: Complete 911 Timeline

Zacarias Moussaoui on his way to the Supermax prison.Zacarias Moussaoui on his way to the Supermax prison. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui is sentenced to life in prison for his role in the 9/11 attacks. A jury sentences him to six consecutive life terms without the possibility of parole. A single juror votes against the death penalty for one of the three counts for which Moussaoui is eligible to receive the death sentence (see March 6-May 4, 2006). For the other two counts, the vote is 10-2. According to the foreman of the jury, the lone dissenter did not identify his or herself to the other jurors during deliberations and consequently they could not discuss the person’s reasons for opposing the death penalty. “But there was no yelling. It was as if a heavy cloud of doom had fallen over the deliberation room, and many of us realized that all our beliefs and our conclusions were being vetoed by one person,” the foreman explains to the Washington Post. “We tried to discuss the pros and cons. But I would have to say that most of the arguments we heard around the deliberation table were [in favor of the death penalty]… Our sense was this was a done deal for that person and whoever that person is, they were consistent from the first day and their point of view didn’t change.” [Washington Post, 5/12/2006] As a result of the vote, Moussaoui will not be executed and instead will serve six life sentences at the Supermax prison in Florence, Colorado. A day after the sentencing, on May 5, Moussaoui files a motion to withdraw his guilty plea. He says that his March 27 testimony that he was supposed to have hijacked a fifth plane on September 11 and fly it into the White House “was a complete fabrication.” At sentencing the judge told him, “You do not have a right to appeal your convictions, as was explained to you when you plead guilty. You waived that right.” [Associated Press, 5/8/2006]

Entity Tags: Zacarias Moussaoui

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

A poll released by Zogby International shows widespread skepticism towards the official 9/11 story. The nationwide telephone survey of 1,200 adults finds that 42 percent of respondents agreed that “the US government and its 9/11 Commission concealed or refused to investigate critical evidence that contradicts their official explanation of the September 11th attacks,” and that “there has been a cover-up.” Ten percent of respondents said they were unsure, while less than half said the government and 9/11 Commission were not covering up. Forty-five percent of respondents felt the 9/11 attacks should be reinvestigated. Forty-four percent believed that President Bush exploited the attacks to justify the 2003 invasion of Iraq. The survey also found that 43 percent of respondents were unaware of the collapse of WTC 7 on 9/11. [Zogby International, 5/24/2006; New York Times, 6/5/2006; Newsday, 9/1/2006] When Lee Hamilton, the former co-chair of the 9/11 Commission, is later questioned about this poll, he will say the figure of 42 percent of Americans believing there has been a cover up is “dispiriting, it’s an unusually high number” (see August 21, 2006). [Canadian Broadcasting Corporation, 8/21/2006] A previous Zogby poll found 49 percent of New York City residents agreed that some leaders “knew in advance” of the 9/11 attacks and “consciously failed to act” (see August 30, 2004).

Entity Tags: Zogby International

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Former NSA director and soon-to-be CIA director Michael Hayden says that a program in which the NSA listens in on calls between the US and other countries without obtaining warrants would have prevented 9/11, had it been in place then. Hayden tells a Senate hearing discussing his confirmation as CIA director, “Had this been in place prior to the attacks, the two hijackers who were in San Diego, Khalid Almihdhar and Nawaf Alhazmi, almost certainly would have been identified as who they were, what they were, and most importantly, where they were.” Hayden also says, “I can demonstrate in closed session how the physics and the math would work.” [US Congress, 5/18/2006 pdf file] However, the NSA actually intercepted the calls between Alhazmi and Almihdhar in the US and an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001), which it knew had been in contact with Osama bin Laden (see November 1996-Late August 1998) and was also involved in the East African embassy bombings (see August 4-25, 1998) and the attack on the USS Cole (see Mid-August 1998-October 2000). Before 9/11, the NSA was entitled to pass on information about the calls to the FBI, but did not do so, even though the FBI had specifically asked for information about calls between the communications hub in Yemen and the US (see Late 1998 and (Spring 2000)). Various explanations for this failure are offered after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A new 5-minute audiotape is released by a person said to be Osama bin Laden. The voice on the tape says that Zacarias Moussaoui and the vast majority of prisoners held in Guantanamo Bay had nothing to do with 9/11. The speaker says that Moussaoui “has no connection whatsoever with the events of September 11th” and “his confession that he was assigned to participate in those raids is a false confession which no intelligent person doubts is a result of the pressure put upon him for the past four and a half years.” The voice also says that, as Moussaoui has not named a support team, he cannot have been slated to pilot a hijacked airliner, and that, as he was learning to fly, he cannot have been intended to be the 20th hijacker. Further, if Moussaoui had known the 9/11 group, he would have called lead hijacker Mohamed Atta and told him to flee the country (note: jail house calls can be recorded, so this may not have been wise (see August 17, 2001)). There are various theories about Moussaoui’s closeness to the 9/11 plot, but he was supported by some of the people who supported the hijackers (see January 30, 2003). The speaker also says that the detainees in Guantanamo Bay “have no connection whatsoever to the events of September 11th, and even stranger is that many of them have no connection with al-Qaeda in the first place, and even more amazing is that some of them oppose al-Qaeda’s methodology of calling for war with America.” The apparent reason so many detainees are being held: ”(I)t is necessary to create justifications for the massive spending of hundreds of billions on the Defense Department and other agencies in their war against the Mujaheddin.” [MSNBC, 5/23/2006] One Guantanamo detainee, Mohamed al-Khatani, was allegedly supposed to meet lead hijacker Mohamed Atta in the US, but was refused entry to the country, indicating that he was scheduled to be involved in 9/11 (see August 4, 2001 and July 2002).

Entity Tags: Osama bin Laden, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Salim Ahmed Hamdan in 1999.Salim Ahmed Hamdan in 1999. [Source: Pubic domain via the New York Times]In the Hamdan v. Rumsfeld case, the Supreme Court rules 5-3 to strike down the Bush administration’s plans to try Guantanamo detainees before military commissions. Ruling in favor of detainee Salim Ahmed Hamdan (see November 8, 2004), the Court rules that the commissions are unauthorized by federal statutes and violate international law. Writing for the majority, Justice John Paul Stevens says, “The executive is bound to comply with the rule of law that prevails in this jurisdiction.” The opinion throws out each of the administration’s arguments in favor of the commissions, including its assertion that Congress had stripped the Supreme Court of the jurisdiction to decide the case. One of the major flaws in the commissions, the Court rules, is that President Bush unilaterally established them without the authorization of Congress. [New York Times, 6/30/2006] During the oral arguments three months before, Hamdan’s lawyer, Neal Katyal, told the Court: “The whole point of this [proceeding] is to say we’re challenging the lawfulness of the tribunal [the military commissions] itself. This isn’t a challenge to some decision that a court makes. This is a challenge to the court itself, and that’s why it’s different than the ordinary criminal context that you’re positing.” [Savage, 2007, pp. 274-275]
Major Defeat for Bush Administration - Civil libertarian and human rights organizations consider the ruling a shattering defeat for the administration, particularly in its assertions of expansive, unfettered presidential authority. Bush says in light of the decision, he will work with Congress to “find a way forward” to implement the commissions. “The ruling destroys one of the key pillars of the Guantanamo system,” says Gerald Staberock, a director of the International Commission of Jurists. “Guantanamo was built on the idea that prisoners there have limited rights. There is no longer that legal black hole.” The ruling also says that prisoners held as “enemy combatants” must be afforded rights under the Geneva Conventions, specifically those requiring humane treatment for detainees and the right to free and open trials in the US legal system. While some form of military trials may be permissible, the ruling states that defendants must be given basic rights such as the ability to attend the trial and the right to see and challenge evidence submitted by the prosecution. Stevens writes that the historical origin of military commissions was in their use as a “tribunal of necessity” under wartime conditions. “Exigency lent the commission its legitimacy, but did not further justify the wholesale jettisoning of procedural protections.” [New York Times, 6/30/2006] In 2007, author and reporter Charlie Savage will write, “Five justices on the Supreme Court said Bush had broken the law.” [Savage, 2007, pp. 275]
Hardline Conservative Justices Dissent - Stevens is joined by Justices David Souter, Stephen Breyer, and Ruth Bader Ginsburg. Justice Anthony Kennedy issues a concurring opinion. Dissenting are Justices Samuel Alito, Antonin Scalia, and Clarence Thomas. Thomas, in a dissent signed by Scalia and Alito, calls the decision “untenable” and “dangerous.” Chief Justice John Roberts recused himself from the case because of his participation in a federal appeals court that ruled in favor of the administration (see November 8, 2004).
Not Charged for Three Years - Hamdan is a Guantanamo detainee from Yemen, captured in Afghanistan in November 2001 and taken to Guantanamo in June 2002. He is accused of being a member of al-Qaeda, in his function as driver and bodyguard for Osama bin Laden. He was not charged with a crime—conspiracy—until mid-2004. [New York Times, 6/30/2006]

Entity Tags: Samuel Alito, US Supreme Court, Salim Ahmed Hamdan, Stephen Breyer, Ruth Bader Ginsburg, John G. Roberts, Jr, Al-Qaeda, Antonin Scalia, Bush administration (43), Center for Constitutional Rights, Anthony Kennedy, John Paul Stevens, David Souter, International Commission of Jurists, Gerald Staberock, Geneva Conventions, Clarence Thomas

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

Former Justice Department official Marty Lederman, now a Georgetown law professor, writes of the Hamdan v. Rumsfeld case (see June 30, 2006): “Focusing just on the [military] commissions aspect of this misses the forest for the trees. This ruling means that what the CIA and the Pentagon have been doing [detaining prisoners without due process] is, as of now, a war crime, which means that it should stop immediately.” [Savage, 2007, pp. 276]

Entity Tags: US Department of Defense, Bush administration (43), Martin (“Marty”) Lederman, Central Intelligence Agency

Timeline Tags: Civil Liberties

Al-Qaeda leader Hassan Ghul is secretly transferred from US custody to Pakistani custody. The Pakistani government will later release him and he will apparently rejoin al-Qaeda. In early 2004, Ghul was captured in Iraq and put in the CIA’s secret prison system (see January 23, 2004). He became a “ghost detainee” because the US refused to admit they even held him. In 2006, the Bush administration decides to close most of the CIA’s secret prisons and transfer most of the important al-Qaeda prisoners to the Guantanamo prison. But Ghul is given to the Pakistani government instead, apparently as a goodwill gesture. According to a 2011 article by the Associated Press, “[T]he move frustrated and angered former CIA officers, who at the time believed Ghul should have been moved to Guantanamo along with 14 other high-value detainees” (See September 2-3, 2006). The ISI, Pakistan’s intelligence agency, promises that it will make sure Ghul is never released. But after only about a year, Pakistan will secretly let Ghul go and he apparently will return to working with al-Qaeda (see (Mid-2007)). [Associated Press, 6/15/2011] Ghul is given to Pakistan even though he is linked to a Pakistani militant group supported by the ISI, Pakistan’s intelligence agency, and the ISI had a history of protecting him from arrest (see (2002-January 23, 2004)). Also, Ghul is released even though he told US interrogators key information about Osama bin Laden’s courier that will eventually prove key to the discovery of bin Laden’s location (see Shortly After January 23, 2004 and Late 2005).

Entity Tags: Hassan Ghul, Central Intelligence Agency, Pakistan Directorate for Inter-Services Intelligence, Pakistan

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

Civil liberties lawyer and columnist Glenn Greenwald states that the recent Supreme Court ruling in Hamdan v. Rumsfeld (see June 30, 2006), finding that the Bush administration’s Guantanamo Bay military commissions violate both federal law and the Geneva Conventions, also proves that the NSA’s warrantless wiretapping program is illegal (see December 15, 2005). “To arrive at its decision,” Greenwald writes, “the Court emphatically rejected the administration’s radical theories of executive power, and in doing so, rendered entirely discredited the administration’s only defenses for eavesdropping on Americans without the warrants required by law. Actual compliance with the Court’s ruling, then, compels the administration to immediately cease eavesdropping on Americans in violation of FISA,” the Foreign Intelligence Surveillance Act (see 1978). “If the administration continues these programs now, then they are openly defying the Court and the law with a brazeness and contempt for the rule of law that would be unprecedented even for them.” Greenwald notes that FISA prohibits any surveillance of American citizens without judicial approval and oversight. The Bush administration has already admitted to conducting just such surveillance (see December 17, 2005 and December 21, 2005), and President Bush has even stated his intention to expand the program (see December 19, 2005). The Justice Department and a number of administration officials have attempted to claim the NSA surveillance program is both legal and necessary (see December 19, 2005, December 19, 2005, December 21-22, 2005, and Early 2006); Greenwald writes that the Hamdan decision “decimated” those claims, a conclusion shared by a number of legal experts (see January 9, 2006). Moreover, he writes, there is no remaining excuse for Democratic senators not to endorse Senator Russ Feingold’s resolution to censure Bush for violating FISA (see March 12, 2006 and After). The argument advanced by, among others, Senator Barack Obama (D-IL), that Bush believed he was complying with the law because his lawyers told him he was in compliance, is no longer relevant in light of Hamdan, Greenwald argues. “[T]here is no longer any good faith basis left for violating FISA. Ongoing warrantless eavesdropping can only be ordered by the president with a deliberate intent to break the law. After Hamdan, there are no more excuses left for the president to violate FISA, and there is therefore no more excuse left for Democratic senators to refuse to take a stand with Sen. Feingold against the administration’s lawbreaking.” Bush has two clear choices, Greenwald writes: either to comply with FISA or openly defy the Supreme Court. “If we are a country that continues to operate under the rule of law, compliance with the Supreme Court’s ruling compels the immediate cessation of the president’s warrantless eavesdropping program, as well as what are undoubtedly the other, still-secret programs prohibited by law but which have been justified by these same now-rejected theories of unlimited executive power. Put simply, after Hamdan, there are no more excuses left for the president’s refusal to comply with the law.” [Crooks and Liars, 7/8/2006]

Entity Tags: Geneva Conventions, Barack Obama, Bush administration (43), Foreign Intelligence Surveillance Act, Glenn Greenwald, US Department of Justice, US Supreme Court, George W. Bush, National Security Agency

Timeline Tags: Civil Liberties

Daniel Dell’Orto.Daniel Dell’Orto. [Source: US Department of Defense]Shortly after the Supreme Court rules that the Geneva Conventions apply to detainees suspected of terrorist affiliations (see June 30, 2006), the Bush administration publicly agrees to apply the Conventions to all terrorism suspects in US custody, and the Pentagon announces that it is now requiring all military officials to adhere to the Conventions in dealing with al-Qaeda detainees. The administration says that from now on, all prisoners in US custody will be treated humanely in accordance with the Conventions, a stipulation that would preclude torture and “harsh interrogation methods.” Until the ruling, the administration has held that prisoners suspected of terrorist affiliations did not have the right to be granted Geneva protections (see February 7, 2002). Lawyer David Remes, who represents 17 Guantanamo detainees, says, “At a symbolic level, it is a huge moral triumph that the administration has acknowledged that it must, under the Supreme Court ruling, adhere to the Geneva Conventions. The legal architecture of the war on terror was built on a foundation of unlimited and unaccountable presidential power, including the power to decide unilaterally whether, when and to whom to apply the Geneva Conventions.” But in the wake of the ruling the administration is pressuring Congress to introduce legislation that would strip detainees of some of the rights afforded them under the Conventions, including the right to free and open trials, even in a military setting. “The court-martial procedures are wholly inappropriate for the current circumstances and would be infeasible for the trial of these alien enemy combatants,” says Steven Bradbury, the acting chief of the Justice Department’s Office of Legal Counsel. Bradbury and Daniel Dell’Orto, the Defense Department’s principal deputy attorney general, have repeatedly urged lawmakers to limit the rights of detainees captured in what the administration terms its war on terrorism. Dell’Orto says Congress should not require that enemy combatants be provided lawyers to challenge their imprisonment. Congressional Democrats have a different view. Senate Judiciary Chairman Patrick Leahy (D-VT) says, “I find it hard to fathom that this administration is so incompetent that it needs kangaroo-court procedures to convince a tribunal of United States military officers that the ‘worst of the worst’ imprisoned at Guantanamo Bay should be held accountable” for crimes. “We need to know why we’re being asked to deviate from rules for courts-martial.” [Washington Post, 7/12/2006]

Entity Tags: US Department of Justice, US Supreme Court, US Department of Defense, Patrick J. Leahy, Al-Qaeda, Daniel J. Dell’Orto, David Remes, Geneva Conventions, Office of Legal Counsel (DOJ), Steven Bradbury

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

Following up on the Supreme Court’s recent Hamdan ruling that the Bush administration’s military commissions trial system is illegal (see June 30, 2006), a dozen members of the Judge Advocate General (JAG) corps meets with a team of White House lawyers. The JAG officers are experts in military law; much of their training centers on how to best conduct their legal proceedings in line with the Geneva Conventions. Most JAG officers had opposed the Bush administration’s decision to ignore Geneva (see June 8, 2004) in its treatment of detainees; in return, the White House’s civilian lawyers had dismissed the JAG officers as, in author and reporter Charlie Savage’s words, “closed minded, parochial, and simplistic.” The JAGs view the Hamdan ruling as vindication of their objections; for its part, the Justice Department is eager to be able to say that it incorporated the JAGs’ views in its proposed legislation for a new system of detainee trials. The JAGs’ overriding concern is to ensure that no secret evidence can be used against detainees in future trials. Defendants must be able to see and respond to all evidence used against them, the JAGs believe, otherwise the trials are not in compliance with Geneva. The original military commissions required that defendants and their lawyers be removed from the courtroom when classified evidence was introduced, a practice that the military lawyers believe was a basic violation of defendant rights. Unfortunately for the JAGs, they quickly learn that the White House lawyers are uninterested in their views. When they take their seats in a Justice Department conference room, the White House lawyers inform them that there is no reason to discuss the secret evidence question, because more senior officials will ultimately make that decision. Instead, the JAGs are limited to discussing minor technical issues and typographical changes. The meeting does allow Attorney General Alberto Gonzales to testify to Congress in early August that “our deliberations have included detailed discussions with members of the JAG corps,” whose “multiple rounds of comments… will be reflected in the legislative package.” Unlike the White House lawyers, Congress will listen to the JAG officers, and will outlaw the use of secret evidence in detainee trials. [Savage, 2007, pp. 279-281]

Entity Tags: Bush administration (43), Alberto R. Gonzales, US Department of Justice, Geneva Conventions, Judge Advocate General Corps

Timeline Tags: Civil Liberties

The US and UN finally officially designates the Philippines and Indonesian branches of the International Islamic Relief Organization (IIRO) as a financier of terrorism. Abdul Al-Hamid Sulaiman Al-Mujil, executive director of the IRRO’s far east division, is similarly designated as well. The IIRO is a major charity connected to the Saudi government that has long been suspected of financing Islamic militant groups (see January 1996). It was reported shortly after 9/11 that the US left the IIRO off a list of designated terrorism financiers so as to not embarrass the Saudi government (see October 12, 2001). The Philippine IIRO branch in particular has been publicly accused of funding al-Qaeda since the mid-1990s, due to the activities of Mohammed Jamal Khalifa, bin Laden’s brother-in-law who headed that branch when he funded the Bojinka plot in the early 1990s (see 1987-1991). [Associated Press, 8/3/2006; Manila Times, 12/12/2006] A US Treasury Department press release says Al-Mujil has been nicknamed the “million dollar man” for his “long history of providing support to terrorist organizations.” He is accused of funding the Abu Sayyaf group in the Philippines and Jemaah Islamiyah in Indonesia. He is said to have had relationships with bin Laden and Khalid Shaikh Mohammed. The press release also calls “a senior al-Qaeda member” and accuses the current director of the IIRO’s Philippine branch, Abd al-Hadi Daguit, “a trusted associate of Khalifa.” But curiously, Khalifa himself is still not officially listed, nor is Daguit. He will die in mysterious circumstances several months later. [Treasury Department, 8/3/2006]

Entity Tags: Abu Sayyaf, US Department of the Treasury, Osama bin Laden, Khalid Shaikh Mohammed, Al-Qaeda, International Islamic Relief Organization, Abd al-Hadi Daguit, Abdul Al-Hamid Sulaiman Al-Mujil, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Thomas Kean and Lee Hamilton, the former chairman and vice chairman of the 9/11 Commission, release a book giving a behind-the-scenes look at their 20-month investigation of the September 11 attacks. [Associated Press, 8/4/2006] They begin their book, titled Without Precedent, saying that, because their investigation started late, had a very short time frame, and had inadequate funding, they both felt, from the beginning, that they “were set up to fail.” [Canadian Broadcasting Corporation, 8/21/2006; Rocky Mountain News, 8/25/2006] They explain the difficulties they faced in obtaining certain government documents and describe how the commission almost splintered over whether to investigate the Bush administration’s use of 9/11 as a reason for going to war. It says that if original member Max Cleland—a strong proponent of this line of inquiry—had not resigned (see December 9, 2003), the commission probably would not have reached unanimity. It also calls their gentle questioning of former New York Mayor Rudolph Giuliani during his May 2004 testimony, “a low point” in the commission’s handling of witnesses at its public hearings (see May 19, 2004). [Associated Press, 8/4/2006; New York Daily News, 8/5/2006; New York Times, 8/6/2006] Despite the problems it faced, when discussing his book with the CBC, Hamilton says he thinks the commission has “been reasonably successful in telling the story” of 9/11. [Canadian Broadcasting Corporation, 8/21/2006] Without Precedent, however, contains little new information about the events of 9/11. Intelligence expert James Bamford says there is “an overabundance of self-censorship by the authors.” [New York Times, 8/20/2006]

Entity Tags: Thomas Kean, Lee Hamilton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Former 9/11 Commission co-chair Lee Hamilton.Former 9/11 Commission co-chair Lee Hamilton. [Source: CBC]Lee Hamilton, the former co-chair of the 9/11 Commission, gives a wide-ranging interview to the CBC about Without Precedent, a book he recently co-authored about his time on the 9/11 Commission (see August 15, 2006). In the interview he discusses the various “conspiracy theories” surrounding the events of 9/11. The interviewer, Evan Solomon, mentions to him a recent Zogby poll (see May 17, 2006) that found that 42% of Americans agreed that “the US government, and its 9/11 Commission, concealed or refused to investigate critical evidence that contradicts the official explanation of September 11th.” Hamilton calls this lack of trust in the Commission’s report “dispiriting,” but attacks the “conspiracy theory people,” saying, “when they make an assertion they do it often on very flimsy evidence.” He addresses some of the various “conspiracy theories” that have been put forward about 9/11:
bullet In order to contradict the allegation that the Twin Towers were brought down deliberately with pre-planted explosives, Hamilton says the WTC collapsed (see 8:57 a.m. September 11, 2001) because “the super-heated jet fuel melted the steel super-structure of these buildings and caused their collapse.” He adds, “There’s a powerful lot of evidence to sustain that point of view, including the pictures of the airplanes flying into the building.”
bullet With regard to the collapse of WTC Building 7 (see (5:20 p.m.) September 11, 2001), which some people claim was also caused by explosives, he argues, “[W]e believe that it was the aftershocks of these two huge buildings in the very near vicinity collapsing. And in the Building 7 case, we think that it was a case of flames setting off a fuel container, which started the fire in Building 7, and that was our theory on Building 7.” However, the interviewer points out that the 9/11 Commission’s final report does not actually mention the collapse of Building 7, and Hamilton says he does not recall whether the Commission made a specific decision to leave it out.
bullet In reply to a question about why the debris of Building 7 were moved quickly from the scene without a thorough investigation, even though nobody died in Building 7 and there was no need for rescue operations there, Hamilton responds, “You can’t answer every question when you conduct an investigation.”
bullet When asked whether Saeed Sheikh sent Mohamed Atta $100,000 for the 9/11 plot (see Early August 2001 and Summer 2001 and before), Hamilton replies, “I don’t know anything about it.” When the interviewer presses him about whether the Commission investigated a possible Pakistani Secret Service (ISI) connection to the attacks, Hamilton replies, “They may have; I do not recall us writing anything about it in the report. We may have but I don’t recall it.”
bullet Asked about Secretary of Transportation Norman Mineta’s claim that Vice President Dick Cheney was in the presidential bunker beneath the White House at 9:20 a.m. on 9/11 (see (Between 9:20 a.m. and 9:27 a.m.) September 11, 2001), almost 40 minutes earlier than the Commission claimed he had arrived there, Hamilton replies, “I do not recall.” When pressed, he expands, “Well, we think that Vice President Cheney entered the bunker shortly before 10 o’clock. And there is a gap of several minutes there, where we do not really know what the Vice President really did. There is the famous phone call between the President and the Vice President. We could find no documentary evidence of that phone call.”
bullet When the interviewer points out that Richard Clarke’s account conflicts with the Commission’s over what time authorization was received from Dick Cheney to shoot down Flight 93 (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001 and (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001), Hamilton retorts, “Look, you’ve obviously gone through the report with a fine-toothed comb, you’re raising a lot of questions—I can do the same thing.”
The interviewer also asks Hamilton whether he has any unanswered questions of his own about 9/11. Hamilton’s response is: “I could never figure out why these 19 fellas did what they did. We looked into their backgrounds. In one or two cases, they were apparently happy, well-adjusted, not particularly religious - in one case quite well-to-do, had a girlfriend. We just couldn’t figure out why he did it. I still don’t know.” [Canadian Broadcasting Corporation, 8/21/2006]

Entity Tags: Saeed Sheikh, World Trade Center, Richard (“Dick”) Cheney, Pakistan Directorate for Inter-Services Intelligence, Lee Hamilton, 9/11 Commission, Richard A. Clarke, Mohamed Atta, Norman Mineta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

One of the ‘puffs of smoke’ observed during the Twin Towers collapses.One of the ‘puffs of smoke’ observed during the Twin Towers collapses. [Source: Richard Lethin]The National Institute of Standards and Technology (NIST) issues a seven-page fact sheet to counter alternative theories about the WTC collapses. NIST conducted a three-year study of the collapses, and concluded they were caused by the damage when the planes hit combined with the effects of the ensuing fires. However, many people—what the New York Times calls an “angry minority”—believe there was US government complicity in 9/11, and a recent poll (see July 6-24, 2006) found 16 percent of Americans believe the WTC towers were brought down with explosives. [National Institute of Standards and Technology, 8/31/2006; New York Times, 9/2/2006; Reuters, 9/2/2006] The fact sheet responds to 14 “Frequently Asked Questions.” Some of its key points include the following:
bullet Regarding whether NIST considered a controlled demolition hypothesis: “NIST found no corroborating evidence for alternative hypotheses suggesting that the WTC towers were brought down… using explosives… Instead, photographs and videos from several angles clearly show that the collapse initiated at the fire and impact floors and that the collapse progressed from the initiating floors downward until the dust clouds obscured the view.” However, it admits, “NIST did not test for the residue” of explosives in the remaining steel from the towers.
bullet Its explanation for puffs of smoke seen coming from each tower as it collapsed: “[T]he falling mass of the building compressed the air ahead of it—much like the action of a piston—forcing smoke and debris out the windows as the stories below failed sequentially.”
bullet Its explanation for a stream of yellow molten metal that poured down the side of the South Tower shortly before it collapsed (see (9:50 a.m.) September 11, 2001). NIST previously claimed it was aluminum, but this should not have been yellow in color: “Pure liquid aluminum would be expected to appear silvery. However, the molten metal was very likely mixed with large amounts of hot, partially burned, solid organic materials (e.g., furniture, carpets, partitions and computers) which can display an orange glow.”
bullet Regarding reports of molten steel in the wreckage at Ground Zero (see September 12, 2001-February 2002): “Any molten steel in the wreckage was more likely due to the high temperature resulting from long exposure to combustion within the pile than to short exposure to fires or explosions while the buildings were standing.”
bullet Regarding the collapse of WTC 7 (see (5:20 p.m.) September 11, 2001): “While NIST has found no evidence of a blast or controlled demolition event, NIST would like to determine the magnitude of hypothetical blast scenarios that could have led to the structural failure of one or more critical elements.” [National Institute of Standards and Technology, 8/30/2006] In response to the fact sheet, Kevin Ryan, the coeditor of the online Journal of 9/11 Studies, says, “The list of answers NIST has provided is generating more questions, and more skepticism, than ever before.” He says, “NIST is a group of government scientists whose leaders are Bush appointees, and therefore their report is not likely to veer from the political story.” [New York Times, 9/2/2006; Reuters, 9/2/2006]

Entity Tags: National Institute of Standards and Technology, Kevin Ryan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Actor Kiefer Sutherland as ‘Jack Bauer.’Actor Kiefer Sutherland as ‘Jack Bauer.’ [Source: Stuff.co.nz]Law professor Phillippe Sands begins a series of interviews with the former staff judge advocate for the US Army in Guantanamo, Lieutenant Colonel Diane Beaver. She is the author of a legal analysis that was used by the Bush administration to justify its extreme interrogation techniques (see October 11, 2002). Sands describes her as “coiled up—mistreated, hung out to dry.” She is unhappy with the way the administration used her analysis, and notes that she was guided in her work at Guantanamo by personnel from the CIA and Defense Intelligence Agency. She believes that some of the interrogation techniques were “reverse-engineered” from a training program called SERE—Survival, Evasion, Resistance, and Escape—though administration officials have denied this. Several Guantanamo personnel were sent to Fort Bragg, SERE’s home, for a briefing on the program (see December 2001, January 2002 and After, Mid-April 2002, Between Mid-April and Mid-May 2002, July 2002, July 2002, July 2002, and August 1, 2002). Military training was not the only source of inspiration. Fox’s television drama 24 came to a conclusion in the spring of 2002, Beaver recalls. One of the overriding messages of that show is that torture works. “We saw it on cable,” Beaver remembers. “People had already seen the first series. It was hugely popular.” The story’s hero, Jack Bauer, had many friends at Guantanamo, Beaver adds. “He gave people lots of ideas.” She recalls in graphic terms how excited many of the male personnel became when extreme interrogation methods were discussed. “You could almost see their d_cks getting hard as they got new ideas,” she will say. “And I said to myself, You know what? I don’t have a d_ck to get hard—I can stay detached.” The FBI and the Naval Criminal Investigative Service refused to become involved in aggressive interrogations, she says (see Late March through Early June, 2002 and December 17, 2002). [Vanity Fair, 5/2008]

Entity Tags: Naval Criminal Investigative Service, Diane E. Beaver, Federal Bureau of Investigation, Fox Broadcasting Company, Phillippe Sands, Georgetown University

Timeline Tags: Torture of US Captives

Mohamad Farik Amin.Mohamad Farik Amin. [Source: FBI]The US temporarily closes a network of secret CIA prisons around the world and transfers the most valuable prisoners to the US prison in Guantanamo, Cuba, for eventual military tribunals. The prison network will be reopened a short time later (see Autumn 2006-Late April 2007). There were reportedly fewer than 100 suspects in the CIA prisons; most of them are apparently sent back to their home countries while fourteen are sent to Guantanamo. All fourteen have some connection to al-Qaeda. Seven of them reportedly had some connection to the 9/11 attacks. Here are their names, nationalities, and the allegations against them.
bullet Khalid Shaikh Mohammed (KSM) (Pakistani, raised in Kuwait). He is the suspected mastermind of 9/11 attacks and many other al-Qaeda attacks. A CIA biography of KSM calls him “one of history’s most infamous terrorists.”
bullet Mustafa Ahmed al-Hawsawi (Saudi). He allegedly helped finance the 9/11 attacks.
bullet Hambali (Indonesian). He attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and is accused of involvement in many other plots, including the 2002 Bali bombings (see October 12, 2002).
bullet Khallad bin Attash (a.k.a. Tawfiq bin Attash) (Yemeni). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and had a role in other plots such as the 2000 USS Cole bombing (see October 12, 2000).
bullet Ali Abdul Aziz Ali (Pakistani, raised in Kuwait). He allegedly helped finance the 9/11 attacks and arranged transportation for some hijackers. His uncle is KSM.
bullet Ramzi bin al-Shibh (Yemeni). A member of the Hamburg al-Qaeda cell with Mohamed Atta and other 9/11 hijackers. The CIA calls him the “primary communications intermediary” between the hijackers and KSM. He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
bullet Abd al-Rahim al-Nashiri (Saudi). He is said to have been one of the masterminds of the USS Cole bombing (see October 12, 2000). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
The remaining seven suspects are alleged to have been involved in other al-Qaeda plots:
bullet Abu Zubaida (Palestinian, raised in Saudi Arabia). He is said to be a facilitator who helped make travel arrangements for al-Qaeda operatives. He is also alleged to have organized a series of planned millennium attacks.
bullet Ahmed Khalfan Ghailani (Tanzanian). He was indicted for a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). He is also said to be an expert document forger.
bullet Majid Khan (Pakistani). He lived in the US since 1996 and is said to have worked with KSM on some US bomb plots (see March 5, 2003).
bullet Abu Faraj al-Libbi (a.k.a. Mustafa al-‘Uzayti) (Libyan). He allegedly became al-Qaeda’s top operations officer after KSM was captured.
bullet Mohamad Farik Amin (a.k.a. Zubair) (Malaysian). He is a key Hambali associate and was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) (Malaysian). He is a key Hambali associate. He is accused of providing funds for the 2003 bombing of the Marriott hotel in Jakarta, Indonesia (see August 5, 2003). He was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Gouled Hassan Dourad (Somali). He allegedly scouted a US military base in Djibouti for a planned terrorist attack.
The fourteen are expected to go on trial in 2007. [Knight Ridder, 9/6/2006; Central Intelligence Agency, 9/6/2006; USA Today, 9/7/2006]

Entity Tags: Majid Khan, Mustafa Ahmed al-Hawsawi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, Ramzi bin al-Shibh, Hambali, Gouled Hassan Dourad, Abd al-Rahim al-Nashiri, Abu Faraj al-Libbi, Khallad bin Attash, Abu Zubaida, Ali Abdul Aziz Ali, Central Intelligence Agency, Ahmed Khalfan Ghailani, Khalid Shaikh Mohammed

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

The US military issues “a new manual on the treatment of prisoners that explicitly prohibits waterboarding, sexual humiliation, electric shocks, the threatening use of dogs, and other degrading or painful tactics.” This comes the same day President Bush gives a speech acknowledging the existence of a network of secret CIA prisons (see June 16, 2004). Both moves are believed to have been made in an effort to protect US officials from prosecution for possible war crimes. [Knight Ridder, 9/6/2006] Lt. Gen. John Kimmons, the Army’s chief intelligence officer, says, “No good intelligence is going to come from abusive practices.” Newly approved questioning techniques involve mainly psychological approaches, such as making a prisoner fear he may never see his family. [USA Today, 9/6/2006]

Entity Tags: John Kimmons

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

Shortly after 14 high-ranking al-Qaeda prisoners are transferred from secret CIA prisons to the US-controlled Guantanamo prison in Cuba (see September 2-3, 2006), the International Committee of the Red Cross is finally allowed to interview them. The prisoners include 9/11 mastermind Khalid Shaikh Mohammed, Ramzi bin al-Shibh, Hambali, and Abu Zubaida. The Red Cross has a policy of not publicizing or commenting its findings. However, some US officials are shown the report on the interviews with these prisoners and apparently some of these officials leak information to the New Yorker about one year later. The New Yorker will report, “Congressional and other Washington sources familiar with the report said that it harshly criticized the CIA’s practices. One of the sources said that the Red Cross described the agency’s detention and interrogation methods as tantamount to torture, and declared that American officials responsible for the abusive treatment could have committed serious crimes. The source said the report warned that these officials may have committed ‘grave breaches’ of the Geneva Conventions, and may have violated the US Torture Act, which Congress passed in 1994. The conclusions of the Red Cross, which is known for its credibility and caution, could have potentially devastating legal ramifications.” [New Yorker, 8/6/2007]

Entity Tags: Ahmed Khalfan Ghailani, Mustafa Ahmed al-Hawsawi, Ramzi bin al-Shibh, Khallad bin Attash, Abd al-Rahim al-Nashiri, Abu Zubaida, Mohamad Farik Amin, Mohammed Nazir Bin Lep, Khalid Shaikh Mohammed, Ali Abdul Aziz Ali, Central Intelligence Agency, Majid Khan, International Committee of the Red Cross, Abu Faraj al-Libbi, Hambali, Gouled Hassan Dourad

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

A bipartisan Senate report finds that no credible evidence of any links between al-Qaeda and Saddam Hussein’s government ever existed, despite repeated and insistent claims by the White House and its allies (see Early 1995), March-June 1998, (2:40 p.m.) September 11, 2001, Shortly After September 11, 2001, September 18, 2001, September 19, 2001, September 21, 2001, October 27, 2001, 2002, February 6, 2002, March 22, 2002, July 25, 2002, September 12, 2002, September 15, 2002, September 25, 2002, October 1, 2002, October 2, 2002, October 7, 2002, October 7, 2002, December 2, 2002, Mid-January 2003, January 26, 2003, January 28, 2003, January 28, 2003, February 1, 2003-February 4, 2003, February 5, 2003, February 5, 2003, February 6, 2003, February 8, 2003, February 9, 2003, February 11 or 12, 2003, February 16, 2003, March 9, 2003, March 17, 2003, March 17-18, 2003, Shortly After April 9, 2003, July 9, 2003, September 7, 2003, September 14, 2003-September 17, 2003, September 28, 2003, December 17, 2003, January 8, 2004, January 9, 2004, Early June 2004, June 14, 2004, June 15, 2004, June 15, 2004, October 4, 2004, May 2005, October 2005, (2006), January 31, 2006, March 29, 2006, and September 10, 2006). Panel Democrats say that the White House knew the intelligence surrounding its claims of such links was flawed and unreliable.
Tenet Admitted to Giving in to Pressure - They note that in July former CIA Director George Tenet told the panel that the White House pressured him to support its arguments and that he agreed despite the findings of his own analysts. “Tenet admitted to the Intelligence Committee that the policymakers wanted him to ‘say something about not being inconsistent with what the president had said,’” says Intelligence Committee member Carl Levin (D-MI). Such compliance was, in hindsight, “the wrong thing to do,” Tenet added, according to Levin. “Well, it was much more than that,” Levin says. “It was a shocking abdication of a CIA director’s duty not to act as a shill for any administration or its policy.” Tenet also admitted that he erred in issuing a statement after President Bush’s October 7, 2002 speech saying that Bush’s claims were consistent with CIA findings (see October 7, 2002).
Republicans Say Report Just 'Election-Year Politicking' - Republican committee members insist that there is little new information about prewar intelligence or claims about Iraq’s links to terrorism. Ranking committee member Pat Roberts (R-KS) accuses Levin and other Democrats of trying to “use the committee… insisting that they were deliberately duped into supporting the overthrow of Saddam Hussein’s regime.… That is simply not true, and I believe the American people are smart enough to recognize election-year politicking when they see it.” Democrats retort that the report speaks for itself.
Impeachment Not Warranted - However, committee Democrats such as John Rockefeller (D-WV) say that the report does not prove any criminal behavior from Bush or his top officials, and say that impeachment of Bush or anyone else is not warranted.
Hussein Opposed to US Policies - An FBI summary quoted in the report shows Hussein acknowledging that his government had met with al-Qaeda leader Osama bin Laden, but denying any collusion. Hussein said he opposed only US policies, and added that “if he wanted to cooperate with the enemies of the US, he would have allied with North Korea or China,” according to the FBI summary.
Other Portions of Report - Other sections of the report find that no evidence existed to support claims that Iraq was reconstituting its nuclear program (see February 7, 2001, February 12, 2001, November 14, 2001, May 2002-September 2002, September 9, 2002, January 9, 2003, March 8, 2003, May 25, 2003, and May 30, 2003), had possessed biological weapons in 2003 (see 2002, 2002-March 2003, Mid-January 2002, March 22, 2002, August 2002, September 2002, September 24, 2002, December 2002, End of December 2002, January 9, 2003, and March 7, 2003), used the Salman Pak facility to train Islamist terrorists (see September 8, 2006), or that Iraqi officials met with 9/11 hijacker Mohamed Atta in the months before the 9/11 attacks (see September 8-10, 2006). The report also finds that the White House relied heavily on false intelligence from Ahmed Chalabi and the Iraqi National Congress (see After August 2, 1989, (1994), January 1996, November 6-8, 2001, Between February 12, 2002 and March 31, 2002, Between February 12, 2002 and March 31, 2002, Summer 2002, and June 26, 2002). [Senate Intelligence Committee, 9/8/2006 pdf file; Associated Press, 9/9/2006]

Entity Tags: Iraqi National Congress, Bush administration (43), Ahmed Chalabi, Carl Levin, George J. Tenet, Saddam Hussein, Central Intelligence Agency, Osama bin Laden, Pat Roberts, Senate Intelligence Committee, John D. Rockefeller, Mohamed Atta

Timeline Tags: Iraq under US Occupation

Two simultaneous suicide attacks on oil and gas installations in Yemen fail. The Safer refinery in Marib and the al-Dhabba terminal in Hadramout are attacked by four suicide bombers with car bombs, but Yemeni security forces blow the cars up just before they reach their targets. The four suicide bombers and one security guard are killed. The attacks come just a few days after al-Qaeda number two leader Ayman al-Zawahiri called for attacks on oil facilities in the Persian Gulf region. A Yemeni court later sentences 32 men to between two and 15 years in jail for their roles in the attacks. Three of them are alleged al-Qaeda operatives tried in absentia who escaped from prison earlier in 2006 (see February 3, 2006). [BBC, 11/7/2007] Anwar al-Awlaki, an imam for several of the 9/11 hijackers while they lived in the US, was arrested in Yemen earlier in the month (see Early September 2006-December 2007). He allegedly also has a role preparing for the foiled attacks. [Australian, 11/3/2006; Australian, 11/4/2006] The attempted attacks also come just days before Yemen’s presidential elections. Yemeni President Ali Abdallah Saleh, in power since 1978, quickly uses the attacks to criticize his opponent, because one of the opponents’ guards was accused of being involved. The guard is later acquitted. Saleh wins reelection. [New York Times, 3/1/2008] In 2008, one anonymous senior Yemeni official will tell the Washington Post that some important al-Qaeda members have had a long relationship with Yemen’s intelligence agencies and have targeted political opponents in the past. [Washington Post, 5/4/2008]

Entity Tags: Anwar al-Awlaki, Ayman al-Zawahiri, Al-Qaeda, Ali Abdallah Saleh

Timeline Tags: Alleged Use of False Flag Attacks, Complete 911 Timeline

Omar Khyam somewhere in the mountains of Pakistan, date unknown.Omar Khyam somewhere in the mountains of Pakistan, date unknown. [Source: Public domain]A man on trial in Britain for participation in a fertilizer bomb plot halts his testimony, claiming that Pakistan’s ISI intelligence agency has threatened his family in Pakistan if he continues to talk. Omar Khyam, a Pakistani-Briton, is accused of leading an al-Qaeda linked plot to blow up an unknown target in Britain (see Early 2003-April 6, 2004). Six others are on trial. In testimony on previous days, Khyam confessed to attending a militant training camp in 2000 in the mountains above Rawalpindi, Pakistan. He says that the camp was run by the ISI, and he trained with AK-47 rifles, machine guns, and rocket-propelled grenades. But on the third day of testimony, when asked if he had bought the fertilizer to make a bomb in Britain, he responds: “Before we go on to that topic, I just want to say the ISI in Pakistan has had words with my family relating to what I have been saying about them. I think they are worried I might reveal more about them, so right now, as much as I want to clarify matters, the priority for me has to be the safety of my family so I am going to stop.” He adds, “I am not going to discuss anything related to the ISI any more or my evidence.” [Guardian, 9/19/2006; BBC, 4/30/2007] The ISI has a reputation of arresting family members and threatening them to accomplish their goals. For instance, when Saeed Sheikh was wanted for the murder of reporter Daniel Pearl, the ISI reportedly rounded up 10 members of his family and threatened to harm them, forcing him to turn himself in to the ISI. He later refused to discuss his connection to the ISI, only saying: “I will not discuss this subject. I do not want my family to be killed” (see February 5, 2002). [Vanity Fair, 8/2002] Khyam will be found guilty and sentenced to life in prison (see Early 2003-April 6, 2004).

Entity Tags: Saeed Sheikh, Omar Khyam, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline

Former Nixon White House counsel John Dean is troubled by the Military Commissions Act (MCA) (see October 17, 2006) currently under consideration in Congress. The MCA authorizes military tribunals instead of criminal court trials for suspected terrorists. Dean supported the idea of tribunals when they were first suggested in 2001, but, he writes: “[T]he devil… arrived later with the details. It never occurred to me (and most people) that Bush & Co. would design a system more befitting a totalitarian state than a democratic nation that once led the world by its good example.” After a previous tribunal procedure was struck down by the Supreme Court (see June 30, 2006), Bush sent another proposal to Congress in early September. Where the bill did not actively rewrite the Court’s findings, it ignored them altogether, Dean writes. Dean finds the law a stunning reversal of decades—centuries, in some instances—of US jurisprudence and international law, including its dismissal of Geneva protections, its retroactive protection for US officials who may have tortured detainees, and its dismissal of habeas corpus rights for detainees. Dean calls the proposed legislation “shameful,” and writes: “This proposal… is going to tell us a great deal about where we are as a nation, for as General [Colin] Powell said, ‘The world is beginning to doubt the moral basis of our fight against terrorism. To redefine [the Geneva Conventions] would add to those doubts.’ As will amending the war crimes law to absolve prior wrongs, denying detainees ‘a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples,’ and enacting a law that insults the Supreme Court.” [FindLaw, 9/22/2006]

Entity Tags: US Supreme Court, Bush administration (43), Military Commissions Act, Colin Powell, Geneva Conventions, John Dean

Timeline Tags: Civil Liberties

President Musharraf appeared on the Daily Show with Jon Stewart to promote his new book.President Musharraf appeared on the Daily Show with Jon Stewart to promote his new book. [Source: Adam Rountree / AP]President Pervez Musharraf of Pakistan publishes his autobiography, In the Line of Fire, generating a number of controversies:
bullet He speculates that Omar Saeed Sheikh, who was involved in the kidnapping and murder of Daniel Pearl (see January 23, 2002) and is said to have wired money to the 9/11 hijackers (see Early August 2001), may have been recruited by MI6 in the 1990s (see Before April 1993). The Independent will also comment, “he does not mention that British-born Omar Saeed Sheikh, who planned the Pearl abduction, had surrendered a week before his arrest was announced to a general with intelligence links who was Musharraf’s friend. What happened during that week?” [Independent, 11/21/2006]
bullet Musharraf writes, “Those who habitually accuse us of not doing enough in the war on terror should simply ask the CIA how much prize money it has paid to the Government of Pakistan.” [Press Trust of India, 9/28/2006] However, US law forbids rewards being paid to a government. The US Justice Department says: “We didn’t know about this. It should not happen. These bounty payments are for private individuals who help to trace terrorists on the FBI’s most-wanted list, not foreign governments.” [London Times, 9/26/2006] Musharraf then backtracks and claims the Government of Pakistan has not received any money from the US for capturing people. [Press Trust of India, 9/28/2006]
bullet He also claims that State Department Official Richard Armitage threatened that if Pakistan did not co-operate with the “war on terror,” the US would bomb it “back into the stone age” (see September 13-15, 2001).
The book does not receive good reviews. For example, the Independent calls it “self-serving and self-indulgent” and concludes that “Readers who want to understand contemporary Pakistan deserve a more honest book.” [Independent, 11/21/2006] In a review with the sub-heading “Most of Gen. Pervez Musharraf’s new book cannot be believed,” the Wall Street Journal writes, “The book is not so much an autobiography as a highly selective auto-hagiography, by turns self-congratulatory, narcissistic, and mendacious.” [Wall Street Journal, 10/19/2006]

Entity Tags: Pervez Musharraf, Saeed Sheikh, US Department of Justice, Richard Armitage

Timeline Tags: Complete 911 Timeline

The Military Commissions Act (MCA) (see October 17, 2006) is characterized by many as not applying to US citizens. Law professor Marty Lederman disagrees. Under the MCA, Lederman says, “if the Pentagon says you’re an unlawful enemy combatant—using whatever criteria they wish—then as far as Congress, and US law, is concerned, you are one, whether or not you have had any connection to ‘hostilities’ at all.” [Unclaimed Territory, 9/28/2006] Six months later, an administration lawyer will confirm that the law does indeed apply to US citizens (see February 1, 2007).

Entity Tags: Martin (“Marty”) Lederman, Military Commissions Act, US Department of Defense

Timeline Tags: Civil Liberties

The newly passed Military Commissions Act (MCA—see October 17, 2006) gives the executive branch sweeping new powers sought by President Bush and Vice President Cheney since the 9/11 attacks, according to a New York Times analysis. Reporters Scott Shane and Adam Liptak write, “Rather than reining in the formidable presidential powers Mr. Bush and Vice President Dick Cheney have asserted since Sept. 11, 2001, the law gives some of those powers a solid statutory foundation. In effect it allows the president to identify enemies, imprison them indefinitely, and interrogate them—albeit with a ban on the harshest treatment—beyond the reach of the full court reviews traditionally afforded criminal defendants and ordinary prisoners. Taken as a whole, the law will give the president more power over terrorism suspects than he had before the Supreme Court decision this summer in Hamdan v. Rumsfeld that undercut more than four years of White House policy” (see June 30, 2006). The MCA “does not just allow the president to determine the meaning and application of the Geneva Conventions; it also strips the courts of jurisdiction to hear challenges to his interpretation.” Additionally, it gives Bush and his designees the absolute, unchallenged power to define anyone they choose as an “enemy combatant,” thereby stripping them of any traditional US legal protections and placing them under the far harsher and restrictive rubric of the MCA. “Over all, the legislation reallocates power among the three branches of government, taking authority away from the judiciary and handing it to the president.” Law professor Bruce Ackerman notes, “The president walked away with a lot more than most people thought. [The MCA] further entrenches presidential power” and allows the administration to declare even an American citizen an unlawful combatant subject to indefinite detention. “And it’s not only about these prisoners,” says Ackerman. “If Congress can strip courts of jurisdiction over cases because it fears their outcome, judicial independence is threatened.” [New York Times, 9/30/2006]

Entity Tags: Scott Shane, Adam Liptak, Bruce Ackerman, Geneva Conventions, George W. Bush, Military Commissions Act, US Supreme Court, New York Times, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

NBC Nightly News reports: “Investigators tell NBC News that the water used to make [the anthrax spores] came from a northeastern US, not a foreign, source. Traces of chemicals found inside the spores revealed the materials used to grow them. And scientists have also mapped the entire DNA chain of the anthrax hoping to narrow down the laboratories where it came from. But one possible clue evaporated. The FBI concluded the spores were not coated with any chemical to make them hang longer in the air.” [MSNBC, 10/5/2006] Later in the year, Rutgers University microbiologist Richard Ebright says, “This information [about the water], if correct, would appear to narrow the field” of laboratories that the anthrax used in the 2001 anthrax attacks (see October 5-November 21, 2001) could have come from. Ebright knows of only three labs in the Northeast US that had seed cultures of the Ames strain prior to the attacks:
bullet USAMRIID, the US Army’s top bioweapons lab in Frederick, Maryland.
bullet The University of Scranton, in Pennsylvania. A scientist there had been conducting bioweapons research of interest to the US military.
bullet Battelle Memorial Institute in Columbus, Ohio. Battelle does classified biological research for the US military. [Chemical and Engineering News, 12/4/2006]

Entity Tags: United States Army Medical Research Institute of Infectious Diseases, Battelle Memorial Institute, Richard Ebright

Timeline Tags: 2001 Anthrax Attacks

In two separate sessions, from October 6-11 and again from December 4-14, officials of the International Committee of the Red Cross (ICRC) interview 14 detainees newly transferred from a variety of CIA secret “black sites” to Guantanamo. The transfers followed President Bush’s acknowledgment that the CIA has maintained a number of these sites and his announced intention to have a number of the detainees sent to the Cuban facility (see September 17, 2001 and September 6, 2006).
ICRC Access - The ICRC is legally bound to monitor compliance with the Geneva Conventions and to supervise the treatment of prisoners of war; previously, it had not been allowed to see the detainees, and in some cases were never informed of their detention. The ICRC officials interview each prisoner in private, with the intention of producing “a description of the treatment and material conditions of detention of the 14 during the period they were held in the CIA detention program.”
Interviews - The 14 have been held for periods ranging “from 16 months to almost four and a half years.” The ICRC’s report, never intended for public consumption, will be released to the CIA several months later (see February 14, 2007) and revealed in a book in early 2009 (see March 15, 2009). Some of the detainees, concerned about the possible repercussions that may ensue from their discussions, ask the ICRC to withhold their names from some allegations, though most of the report attributes specific narratives and allegations to particular prisoners. Almost every allegation is independently corroborated by other, named detainees.
'Striking Similarity' - In 2009, author Mark Danner will write, quoting the ICRC report: “[I]ndeed, since the detainees were kept ‘in continuous solitary confinement and incommunicado detention’ throughout their time in ‘the black sites,’ and were kept strictly separated as well when they reached Guantanamo, the striking similarity in their stories, even down to small details, would seem to make fabrication extremely unlikely, if not impossible. ‘The ICRC wishes to underscore,’ as the writers tell us in the introduction, ‘that the consistency of the detailed allegations provided separately by each of the 14 adds particular weight to the information provided below.’”
Topics of Report - The report covers the following areas:
bullet Main elements of the CIA detention program;
bullet Arrest and transfer;
bullet Continuous solitary confinement and incommunicado detention;
bullet Other methods of ill-treatment;
bullet Suffocation by water (the ICRC term for waterboarding);
bullet Prolonged stress standing;
bullet Beatings by use of a collar;
bullet Beating and kicking;
bullet Confinement in a box;
bullet Prolonged nudity;
bullet Sleep deprivation and use of loud music;
bullet Exposure to cold temperature/cold water;
bullet Prolonged use of handcuffs and shackles;
bullet Threats;
bullet Forced shaving;
bullet Deprivation/restricted provision of solid food;
bullet Further elements of the detention regime.
Conclusion - The report concludes: “The allegations of ill-treatment of the detainees indicate that, in many cases, the ill-treatment to which they were subjected while held in the CIA program, either singly or in combination, constituted torture. In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, or degrading treatment.” Danner will write, “Such unflinching clarity, from the body legally charged with overseeing compliance with the Geneva Conventions—in which the terms ‘torture’ and ‘cruel, inhuman, and degrading treatment’ are accorded a strictly defined legal meaning—couldn’t be more significant.” [New York Review of Books, 3/15/2009]

Entity Tags: International Committee of the Red Cross, Geneva Conventions, Central Intelligence Agency, Mark Danner

Timeline Tags: Torture of US Captives

Joanne Mariner, an attorney with the civil liberties organization Human Rights Watch, calls the Military Commissions Act (see October 17, 2006) “exceedingly harmful” and a “grab-bag of unnecessary and abusive measures” that creates for detainees “a system of justice that is far inferior to that of the federal courts and courts-martial.” The bill does not directly address detention, Mariner writes, but does nothing to limit detention and, she believes, will be used by the administration to justify its current detention practices. [FindLaw, 10/9/2006]

Entity Tags: Joanne Mariner, Human Rights Watch, Military Commissions Act

Timeline Tags: Civil Liberties

President Bush signs the Military Commissions Act into law.President Bush signs the Military Commissions Act into law. [Source: White House]President Bush signs the Military Commissions Act (MCA) into law. [White House, 10/17/2006] The MCA is designed to give the president the authority to order “enemy detainees” tried by military commissions largely outside the scope of US civil and criminal procedures. The bill was requested by the Bush administration after the Supreme Court’s ruling in Hamdi v. Rumsfeld (see June 28, 2004) that the US could not hold prisoners indefinitely without access to the US judicial system, and that the administration’s proposal that they be tried by military tribunals was unconstitutional (see June 28, 2004). [FindLaw, 10/9/2006] It is widely reported that the MCA does not directly apply to US citizens, but to only non-citizens defined as “enemy combatants. [CBS News, 10/19/2006] However, six months later, a Bush administration lawyer will confirm that the administration believes the law does indeed apply to US citizens (see February 1, 2007).
Sweeping New Executive Powers - The MCA virtually eliminates the possibility that the Supreme Court can ever again act as a check on a president’s power in the war on terrorism. Similarly, the law gives Congressional approval to many of the executive powers previously, and unilaterally, seized by the Bush administration. Former Justice Department official John Yoo celebrates the MCA, writing, “Congress… told the courts, in effect, to get out of the war on terror” (see October 19, 2006). [Savage, 2007, pp. 319, 322]
'Abandoning' Core 'Principles' - The bill passed the Senate on a 65-34 vote, and the House by a 250-170 vote. The floor debate was often impassioned and highly partisan; House Majority Leader John Boehner (R-OH) called Democrats who opposed the bill “dangerous,” and Senate Judiciary Committee member Patrick Leahy (D-VT) said this bill showed that the US is losing its “moral compass.” Leahy asked during the debate, “Why would we allow the terrorists to win by doing to ourselves what they could never do, and abandon the principles for which so many Americans today and through our history have fought and sacrificed?” Senate Judiciary Committee chairman Arlen Specter (R-PA) had said he would vote against it because it is “patently unconstitutional on its face,” but then voted for it, saying he believes the courts will eventually “clean it up.” Specter’s attempt to amend the bill to provide habeas corpus rights for enemy combatants was defeated, as were four Democratic amendments. Republicans have openly used the debate over the MCA as election-year fodder, with House Speaker Dennis Hastert (R-IL) saying after the vote that “House Democrats have voted to protect the rights of terrorists,” and Boehner decrying “the Democrats’ irrational opposition to strong national security policies.” Democrats such as Senator Barack Obama (D-IL) say they will not fight back at such a level. “There will be 30-second attack ads and negative mail pieces, and we will be called everything from cut-and-run quitters to Defeatocrats, to people who care more about the rights of terrorists than the protection of Americans,” Obama says. “While I know all of this, I’m still disappointed, and I’m still ashamed, because what we’re doing here today—a debate over the fundamental human rights of the accused—should be bigger than politics.” [Washington Post, 10/19/2006] After winning the vote, Hastert accused Democrats who opposed the bill of “putting their liberal agenda ahead of the security of America.” Hastert said the Democrats “would gingerly pamper the terrorists who plan to destroy innocent Americans’ lives” and create “new rights for terrorists.” [New York Times, 10/19/2006]
Enemy Combatants - The MCA applies only to “enemy combatants.” Specifically, the law defines an “unlawful enemy combatant” as a person “who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents,” and who is not a lawful combatant. Joanne Mariner of Human Rights Watch says the definition far exceeds the traditionally accepted definition of combatant as someone who directly participates in hostilities. But under the MCA, someone who provides “material support” for terrorists—whether that be in the form of financial contributions or sweeping the floors at a terrorist camp—can be so defined. Worse, the label can be applied without recourse by either Bush or the secretary of defense, after a “competent tribunal” makes the determination. The MCA provides no guidelines as to what criteria these tribunals should use. Taken literally, the MCA gives virtually unrestricted power to the tribunals to apply the label as requested by the president or the secretary. Mariner believes the definition is both “blatantly unconstitutional” and a direct contradiction of centuries of Supreme Court decisions that define basic judicial rights. [FindLaw, 10/9/2006] Under this definition, the president can imprison, without charge or trial, any US citizen accused of donating money to a Middle East charity that the government believes is linked to terrorist activity. Citizens associated with “fringe” groups such as the left-wing Black Panthers or right-wing militias can be incarcerated without trial or charge. Citizens accused of helping domestic terrorists can be so imprisoned. Law professor Bruce Ackerman calls the MCA “a massive Congressional expansion of the class of enemy combatants,” and warns that the law may “haunt all of us on the morning after the next terrorist attack” by enabling a round of mass detentions similar to the roundup of Japanese-American citizens during World War II. [Savage, 2007, pp. 322]
Military Commissions - The MCA mandates that enemy combatants are to be tried by military commissions, labeled “regularly constituted courts that afford all the necessary ‘judicial guarantees which are recognized as indispensable by civilized peoples’ for purposes of common Article 3 of the Geneva Conventions.” The commissions must have a minimum of five commissioned military officers and a military judge; if death is a possible penalty, the commissions must have at least 12 officers. The defendant’s guilt must be proven beyond a reasonable doubt; convictions require a two-thirds vote. Sentences of beyond 10 years require a three-quarters vote, and death penalties must be unanimously voted for. Defendants may either represent themselves or by military or civilian counsel. The court procedures themselves, although based on standard courts-martial proceedings, are fluid, and can be set or changed as the secretary of defense sees fit. Statements obtained through methods defined as torture are inadmissible, but statements take by coercion and “cruel treatment” can be admitted. The MCA sets the passage of the Detainee Treatment Act (DTA—see December 15, 2005) as a benchmark—statements obtained before the December 30, 2005 enactment of that law can be used, even if the defendant was “coerced,” if a judge finds the statement “reasonable and possessing sufficient probative value.” Statements after that date must have been taken during interrogations that fall under the DTA guidelines. Defendants have the right to examine and respond to evidence seen by the commission, a provision originally opposed by the administration. However, if the evidence is classified, an unclassified summary of that material is acceptable, and classified exculpatory evidence can be denied in lieu of what the MCA calls “acceptable substitutes.” Hearsay evidence is admissible, as is evidence obtained without search warrants. Generally, defendants will not be allowed to inquire into the classified “sources, methods, or activities” surrounding evidence against them. Some human rights activists worry that evidence obtained through torture can be admitted, and the fact that it was obtained by torture, if that detail is classified, will not be presented to the court or preclude the evidence from being used. Public access to the commissions will be quite limited. Many experts claim these commissions are illegal both by US constitutional law and international law. [FindLaw, 10/9/2006]
Secret Courts - The military tribunals can be partially or completely closed to public scrutiny if the presiding judge deems such an action necessary to national security. The government can convey such concerns to the judge without the knowledge of the defense. The judge can exclude the accused from the trial if he deems it necessary for safety or if he decides the defendant is “disruptive.” Evidence can be presented in secret, without the knowledge of the defense and without giving the defense a chance to examine that evidence, if the judge finds that evidence “reliable.” And during the trial, the prosecution can at any time assert a “national security privilege” that would stop “the examination of any witness” if that witness shows signs of discussing sensitive security matters. This provision can easily be used to exclude any potential defense witness who might “breach national security” with their testimony. Author and investigative reporter Robert Parry writes, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and elimination of enemies of the state, whether those enemies are foreign or domestic.” [Consortium News, 10/19/2006]
Appeals - Guilty verdicts are automatically appealed to a Court of Military Commission Review, consisting of three appellate military justices. The DC Circuit Court of Appeals has extremely limited authority of review of the commissions; even its authority to judge whether a decision is consistent with the Constitution is limited “to the extent [that the Constitution is] applicable.”
Types of Crimes - Twenty-eight specific crimes fall under the rubric of the military commissions, including conspiracy (not a traditional war crime), murder of protected persons, murder in violation of the bill of war, hostage-taking, torture, cruel or inhuman treatment, mutilation or maiming, rape, sexual abuse or assault, hijacking, terrorism, providing material support for terrorism, and spying. [FindLaw, 10/9/2006]
CIA Abuses - The MCA, responding to the recent Supreme Court decision of Hamdan v. Rumsfeld (see June 30, 2006) that found the CIA’s secret detention program and abusive interrogation practices illegal, redefines and amends the law to make all but the most pernicious interrogation practices, even those defined as torture by the War Crimes Act and the Geneva Conventions, legal. The MCA actually rules that the Geneva Conventions are all but unenforceable in US courts. It also provides retroactive protection under the law to all actions as far back as November 1997. Under the MCA, practices such as waterboarding, stress positioning, and sleep deprivation cannot be construed as torture. [FindLaw, 10/9/2006] The MCA even states that rape as part of interrogations cannot be construed as torture unless the intent of the rapist to torture his victim can be proven, a standard rejected by international law. The MCA provides such a narrow definition of coercion and sexual abuse that most of the crimes perpetrated at Abu Ghraib are now legal. [Jurist, 10/4/2006] Although the MCA seems to cover detainee abuse for all US agencies, including the CIA, Bush says during the signing of the bill, “This bill will allow the Central Intelligence Agency to continue its program for questioning key terrorist leaders and operatives.” International law expert Scott Horton will note, “The administration wanted these prohibitions on the military and not on the CIA, but it did not work out that way.” Apparently Bush intends to construe the law to exempt the CIA from its restrictions, such as they are, on torture and abuse of prisoners. [Salon, 5/22/2007]
No Habeas Corpus Rights - Under the MCA, enemy combatants no longer have the right to file suit under the habeas corpus provision of US law. This means that they cannot challenge the legality of their detention, or raise claims of torture and mistreatment. Even detainees who have been released can never file suit to seek redress for their treatment while in US captivity. [FindLaw, 10/25/2006]
Retroactive Immunity - The administration added a provision to the MCA that rewrote the War Crimes Act retroactively to November 26, 1997, making any offenses considered war crimes before the MCA is adopted no longer punishable under US law. Former Nixon White House counsel John Dean will write in 2007 that the only reason he can fathom for the change is to protect administration officials—perhaps including President Bush himself—from any future prosecutions as war criminals. Dean will note that if the administration actually believes in the inherent and indisputable powers of the presidency, as it has long averred, then it would not worry about any such criminal liability. [Dean, 2007, pp. 239-240]

Entity Tags: Human Rights Watch, Joanne Mariner, US Supreme Court, Patrick J. Leahy, Military Commissions Act, John Dean, George W. Bush, Scott Horton, Geneva Conventions, Bruce Ackerman, Dennis Hastert, American Civil Liberties Union, Amnesty International, Detainee Treatment Act, Arlen Specter, War Crimes Act, Barack Obama, Central Intelligence Agency, Bush administration (43), John Boehner

Timeline Tags: Civil Liberties

John Yoo, a former Justice Department official, celebrates the passage of the Military Commissions Act (see October 17, 2006). Yoo writes that Congress has ordered “the courts, in effect, to get out of the war on terror.” The bill is not so much a victory for the presidency, Yoo writes, as it is a loss for the judiciary, a “stinging rebuke to the Supreme Court. It strips the courts of jurisdiction to hear any habeas corpus claim filed by any alien enemy combatant anywhere in the world.” It supersedes the Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), which Yoo calls “an unprecedented attempt by the court to rewrite the law of war and intrude into war policy… [a] stunning power grab.” Now, he writes: “Congress and the president did not take the court’s power grab lying down. They told the courts, in effect, to get out of the war on terror, stripped them of habeas jurisdiction over alien enemy combatants, and said there was nothing wrong with the military commissions. It is the first time since the New Deal that Congress had so completely divested the courts of power over a category of cases. It is also the first time since the Civil War that Congress saw fit to narrow the court’s habeas powers in wartime because it disagreed with its decisions. The law goes farther. It restores to the president command over the management of the war on terror. It directly reverses Hamdan by making clear that the courts cannot take up the Geneva Conventions. Except for some clearly defined war crimes, whose prosecution would also be up to executive discretion, it leaves interpretation and enforcement of the treaties up to the president. It even forbids courts from relying on foreign or international legal decisions in any decisions involving military commissions.” Yoo had previously authored numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002). [Wall Street Journal, 10/19/2006]

Entity Tags: Military Commissions Act, John C. Yoo

Timeline Tags: Civil Liberties

Exercising its new authority under the just-signed Military Commissions Act (MCA—see October 17, 2006), the Bush administration notifies the US District Court in Washington that it no longer has jurisdiction to consider 196 habeas corpus petitions filed by Guantanamo detainees. Many of these petitions cover multiple detainees. According to the MCA, “no court, justice, or judge” can consider those petitions or other actions related to treatment or imprisonment filed by anyone designated as an enemy combatant, now or in the future. The MCA is already being challenged as unconstitutional by several lawyers representing Guantanamo detainees. The MCA goes directly against two recent Supreme Court cases, Rasul v. Bush (see June 28, 2004) and Hamdan v. Rumsfeld (see June 30, 2006), which provide detainees with habeas corpus and other fundamental legal rights. Many Congressional members and legal experts say that the anti-habeas provisions of the MCA are unconstitutional. For instance, Senator Arlen Specter (R-PA) notes that the Constitution says the right of any prisoner to challenge detention “shall not be suspended” except in cases of “rebellion or invasion.” [Washington Post, 10/20/2006] Law professor Joseph Margulies, who is involved in the detainee cases, says the administration’s persistence on the issue “demonstrates how difficult it is for the courts to enforce [the clause] in the face of a resolute executive branch that is bound and determined to resist it.” Vincent Warren of the Center for Constitutional Rights, which represents many of the detainees, expects the legal challenges to the law will eventually wind up before the Supreme Court. [Washington Post, 10/20/2006]

Entity Tags: Center for Constitutional Rights, Arlen Specter, Bush administration (43), Vincent Warren, Military Commissions Act, Joseph Margulies

Timeline Tags: Civil Liberties

Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi.Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. [Source: White House]Vice President Dick Cheney justifies an NSA program for warrantless surveillance of conversations between the US and other countries by referring to communications between 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi in the US and an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001). The calls were intercepted by the NSA, but this did not help the US roll up the plot. Echoing remarks previously made by President Bush (see December 17, 2005), Cheney says: “If you’ll recall, the 9/11 Commission focused criticism on the nation’s inability to uncover links between terrorists at home and terrorists overseas [note: the 9/11 Commission’s final report does not actually say this (see December 17, 2005)]. The term that was used is ‘connecting the dots’—and the fact is that one small piece of data might very well make it possible to save thousands of lives. If this program had been in place before 9/11, we might have been able to prevent it because we had two terrorists living in San Diego, contacting terrorist-related numbers overseas.” [Office of the Vice President, 8/25/2006] Before 9/11, the NSA was entitled to pass on information about the calls to the FBI, but did not do so, even though the FBI had specifically asked for information about calls between the communications hub in Yemen and the US (see Late 1998 and (Spring 2000)). Various explanations for this failure are offered after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Entity Tags: National Security Agency, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

MSNBC reports that Mohammed al-Khatani, the alleged would-be twentieth 9/11 hijacker, will likely never be put on trial. A US army investigation concluded that he “was forced to wear a bra. He had a thong placed on his head. He was massaged by a female interrogator who straddled him like a lap dancer. He was told that his mother and sisters were whores. He was told that other detainees knew he was gay. He was forced to dance with a male interrogator. He was strip-searched in front of women. He was led on a leash and forced to perform dog tricks. He was doused with water. He was prevented from praying. He was forced to watch as an interrogator squatted over his Koran.” Mark Fallon, head of the Pentagon’s Criminal Investigation Task Force, claims that he was told by other officials several times not to worry building a legal case against al-Khatani since there would never be a trial against him due to the interrogation techniques used on him. [MSNBC, 10/26/2006] According to al-Khatani’s lawyer, al-Khatani appears to be a broken man, who “painfully described how he could not endure the months of isolation, torture and abuse, during which he was nearly killed, before making false statements to please his interrogators.” [Time, 3/3/2006]

Entity Tags: Mohamed al-Khatani

Timeline Tags: Torture of US Captives

After learning that a new book published by Pakistani President Pervez Musharraf (see September 25, 2006) says that alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) either killed American reporter Daniel Pearl or played a leading role in the murder (see January 31, 2002), the lawyer for Saeed Sheikh, one of the kidnappers, says he plans to use the book in an appeal. Sheikh was found guilty of the kidnapping (see April 5, 2002), but the lawyer, Rai Bashir, says, “I’m going to submit an application that [Musharraf’s] book be used as a piece of evidence. The head of state has exonerated [Sheikh and his accomplices].” [Christian Science Monitor, 11/8/2006] Bashir will also make similar comments after KSM says that he carried out the murder in early 2007 (see March 10, 2007): “In the next court hearing, I am going to submit the recent statement by Khalid Shaikh Mohammed in which he said he himself beheaded the US journalist… From day one, my contention was that the evidence presented in court was not strong enough to lead to the conviction of my client.” [Guardian, 3/19/2007] Sheikh was convicted in July 2002 (see July 15, 2002). As of late July 2005, the appeal proceedings had been adjourned thirty-two times. [International Herald Tribune, 7/29/2005] As of 2007, his appeal process is still in limbo.

Entity Tags: Pervez Musharraf, Rai Bashir, Saeed Sheikh

Timeline Tags: Complete 911 Timeline

Army Times logo.Army Times logo. [Source: Army Times / Grantham University]An Army Times editorial says that to tell the “hard bruising truth” of the war in Iraq is to conclude that Defense Secretary Donald Rumsfeld must resign. The editorial observes, “One rosy reassurance after another has been handed down by President Bush, Vice President Cheney and… Rumsfeld: ‘mission accomplished’ (see May 1, 2003 and April 30, 2008), the insurgency is ‘in its last throes” (see Summer 2005), and ‘back off,’ we know what we’re doing (see May 2004), are a few choice examples.” Some retired and active generals and military leaders are now beginning to speak out (see April 13-14, 2006, April 14-16, 2006, April 16, 2006, and October 5, 2006). In August, US CENTCOM commander General John Abizaid predicted the possibility of all-out civil war in Iraq (see August 3, 2006). And in mid-October, the New York Times reported on a confidential CENTCOM briefing that called the situation in Iraq “critical,” and sliding towards “chaos” (see October 18, 2006). The Army Times editorial observes that “despite the best [US] efforts… the problem of molding a viciously sectarian population into anything resembling a force for national unity has become a losing proposition.” Bush has vowed to stick by Rumsfeld for the remainder of his second term. The Army Times calls that decision “a mistake.” It explains: “It is one thing for the majority of Americans to think Rumsfeld has failed. But when the nation’s current military leaders start to break publicly with their defense secretary, then it is clear that he is losing control of the institution he ostensibly leads.… Rumsfeld has lost credibility with the uniformed leadership, with the troops, with Congress and with the public at large. His strategy has failed, and his ability to lead is compromised. And although the blame for our failures in Iraq rests with the secretary, it will be the troops who bear its brunt.… Donald Rumsfeld must go.” [Army Times, 11/6/2006] The Department of Defense responds to an advance copy of the Army Times editorial a day before its official publication. The editorial is “inaccurate and misleading,” and took Abizaid’s words “out of context.” The Pentagon claims that Rumsfeld has always presented what it calls a “balanced” picture of Iraq, and has never engaged in “rosy scenarios” to mislead the public (see April 11, 2003, April 12, 2003, Summer 2005, June 25, 2005, November 1, 2005, February 17, 2006, and April 18, 2006). It goes on to call the editorial little more than a rehash of old criticisms, and chides the writer(s) for “insulting military commanders” and “attack[ing]” Rumsfeld. [US Department of Defense, 11/5/2006] Rumsfeld resigns on the same day as the editorial appears (see November 6-December 18, 2006).

Entity Tags: New York Times, US Department of Defense, Richard (“Dick”) Cheney, US Central Command, Donald Rumsfeld, Army Times, John P. Abizaid, George W. Bush

Timeline Tags: Iraq under US Occupation

The Justice Department argues in federal court that immigrants arrested in the US and labeled as “enemy combatants” under the Military Commissions Act (MCA) (see October 17, 2006) can be indefinitely detained without access to the US justice system. The argument comes as part of the Justice Department’s attempt to dismiss a habeas corpus suit challenging the detention of Ali Saleh Kahlah al-Marri, a Qatari citizen accused by the government of being an al-Qaeda agent (see December 12, 2001 and February 1, 2007). The government argues that the MCA “removes federal court jurisdiction over pending and future habeas corpus actions and any other actions filed by or on behalf of detained aliens determined by the United States to be enemy combatants, such as petitioner-appellant al-Marri.… In plain terms, the MCA removes this Court’s jurisdiction (as well as the district court’s) over al-Marri’s habeas action. Accordingly, the Court should dismiss this appeal for lack of jurisdiction and remand the case to the district court with instructions to dismiss the petition for lack of jurisdiction.” This is the first time the Bush administration has argued in court that the MCA strips a detainee held within the US of habeas rights.
Defense Counterargument - Al-Marri’s lawyers say that because he is being held in a South Carolina detention facility, he has the right to challenge his detention in a civilian court like any other non-citizen held on criminal charges. The Justice Department says that enemy combatants have no such rights regardless of where they are being held. Jonathan Hafetz, one of al-Marri’s lawyers, says: “[T]he president has announced that he can sweep any of the millions of non-citizens off the streets of America and imprison them for life in a military jail without charge, court review, or due process. It is unprecedented, unlawful, and un-American.” [Jurist, 11/14/2006] The government has “never admitted that he has any rights, including the right not to be tortured,” Hafetz adds. “They’ve created a black hole where he has no rights.” [Progressive, 3/2007] The Bush administration is also challenging lawsuits filed by detainees at the Guantanamo Bay detention facility on similar grounds. [Jurist, 11/14/2006]

Entity Tags: Military Commissions Act, Bush administration (43), Ali Saleh Kahlah al-Marri, Jonathan Hafetz, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

The Director of National Intelligence, John Negroponte, and NSA Director Keith Alexander try to get a lawsuit dismissed that alleges the NSA illegally wiretapped a Saudi charitable organization (see February 28, 2006). The organization, the Al Haramain Islamic Foundation, is presenting a classified US document as proof of the illegal wiretapping.
Invoking 'State Secrets' Privilege - In late 2006, Negroponte and Alexander tell the presiding judge, US District Judge Garr King, that in order to defend itself, the government would have to disclose “state secrets” (see March 9, 1953) that would expose US anti-terrorism efforts. This same argument will be reiterated in July 2007, when government lawyers say, “Whether plaintiffs were subjected to surveillance is a state secret, and information tending to confirm or deny that fact is privileged.” The judge will hear arguments for and against dismissing the case on August 15, 2007. [Associated Press, 8/5/2007]
Judicial Examination - King, in Portland, Oregon, examined the document for himself, and read classified briefs supplied by the Justice Department. Upon reading the briefs, King met with government lawyers to discuss turning over yet more documents in discovery—a decision unlikely to have been taken had King not believed the evidence did not show that the Al Haramain plaintiffs were, in fact, monitored. And, under FISA, had the surveillance been lawful and court-ordered, King would have been legally constrained to dismiss the lawsuit, since according to that law, plaintiffs can only sue if no warrant was ever issued for the alleged surveillance. “If there was a FISA warrant, the whole case would have crumbled on the first day,” says plaintiff attorney Thomas Nelson, “It’s pretty obvious from the government’s conduct in the case, there was no warrant.”
'Inherent Authority' of President - Justice Department lawyers rely on the argument that the president has the inherent authority to order surveillance of suspected terrorists with or without warrants, and that to judge the president’s decision would reveal national secrets that would alert terrorists to government anti-terrorist actions, thereby mandating that this and other lawsuits be dismissed.
Consolidation of Lawsuits - An August 2006 court ruling ordering that the Al Haramain case be consolidated with 54 other NSA-related lawsuits, under US District Court Judge Vaughn Walker, damaged the government’s argument that it cannot be sued in court. Walker has presided over the year-old class-action lawsuit brought before his court by the Electronic Frontier Foundation against AT&T for the telecom firm’s cooperation with the NSA program (see January 31, 2006); Walker ruled in July 2006 that the case would proceed, against government requests that it be thrown out because of national security requirements. Walker ruled that because the government had already admitted to the existence of the program, the state secrets privilege does not apply. (The Justice Department is appealing Walker’s decision.) As for Al Haramain, its lawyers want that case to be adjudicated separately, because the court has sufficient evidence to decide on the case without waiting for the appellate court decision. Another lawyer for the plaintiffs, Jon Eisenberg, tells Walker in February 2007, “You need only read the statutes to decide, ‘Does the president have the right to do this without a warrant?’” Walker has yet to rule on that request. [Wired News, 3/5/2007]

Entity Tags: Thomas Nelson, Vaughn Walker, National Security Agency, US Department of Justice, Jon Eisenberg, John Negroponte, AT&T, Al Haramain Islamic Foundation (Oregon branch), Garr King, Keith Alexander, Electronic Frontier Foundation

Timeline Tags: Civil Liberties

Civil libertarians, both conservative and liberal, join in filing a legal brief on behalf of suspected al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001), whose lawyers are preparing to file a suit challenging his detention as an “enemy combatant” (see February 1, 2007). Liberal and progressive law school deans Harold Koh of Yale and Laurence Tribe of Harvard are joined by conservatives such as Steven Calabresi, a former Reagan White House lawyer and co-founder of the staunchly conservative Federalist Society, in a brief that argues an immigrant or a legal resident of the US has the right to seek his freedom in the US court system. Al-Marri is a Qatari citizen who attended Bradley University in Illinois. The brief argues that the Military Commissions Act (MCA) (see October 17, 2006) is unconstitutional. The brief “shows the phrases ‘conservative’ and ‘libertarian’ have less overlap than ever before,” says law professor Richard Epstein, a Federalist Society member who signed it, adding, “This administration has lost all libertarians on all counts.” Koh says: “This involves the executive branch changing the rules to avoid challenges to its own authority. Serious legal scholars, regardless of political bent, find what the government did inconsistent with any reasonable visions of the rule of law.” Epstein, who says Koh is “mad on many issues,” agrees, calling the al-Marri case “beyond the pale.” He says, “They figured out every constitutional protection you’d want and they removed them.” Lawyer Jonathan Hafetz, representing al-Marri, says the case brings up issues about what the framers of the Constitution intended—something libertarians and judicial conservatives often look to. [Associated Press, 12/13/2006]

Entity Tags: Richard Epstein, Ali Saleh Kahlah al-Marri, Federalist Society, Harold Koh, Steven Calabresi, Jonathan Hafetz, Laurence Tribe

Timeline Tags: Torture of US Captives, Civil Liberties

On December 24, 2006, Ethiopia invades Somalia with US encouragement, attacking the Islamic Courts Union (ICU), an Islamist militant group that rules much of the country. The invasion is triggered because the ICU had encircled the Somali town of Baidoa, the last hold out of the Transitional Federal Government (TFG), the internationally recognized government of Somalia that actually controls very little of the country. Within days, the Ethiopians conquer the capital of Mogadishu and replace the ICU with the TFG. But Ethiopian troops remain in Somalia, occupying much of the country, and the ICU and other Islamist militant groups are not completely defeated. On January 5, 2007, al-Qaeda second-in-command Ayman al-Zawahiri issues a message urging Somalis to “consume” the “crusader” Ethiopians “as the lions eat their prey.” [Time, 11/29/2007] The US had been quietly improving ties with Ethiopia, and had been secretly training Ethiopian forces in counterterrorism techniques for years. The US covertly assists Ethiopia’s invasion with spy satellite data and other intelligence. A secret US special forces unit, Task Force 88, launches operations into Somalia from Kenya and Ethiopia. On January 6, two US Air Force AC-130 gunships secretly arrive at a small airport in eastern Ethiopia. The next day, they carry out a strike near a small village close to the Kenyan border, attempting to kill al-Qaeda-linked militants fleeing the country. Eight people are killed, but apparently no important al-Qaeda leaders. [New York Times, 2/23/2007] A second AC-130 strike on January 23 also misses its target. It is unknown how many are killed, but the wreckage of six large trucks is later seen at the spot of the attack. But while the US strikes are unsuccessful, al-Qaeda leader Abu Talha al-Sudani is apparently killed at some point during the fighting between Ethiopian forces and Somali militants. The US will not officially say he is dead, but US officials will unofficially say he is to Time magazine later in the year. Al-Sudani is said to have been living in Somalia since 1993 and involved in al-Qaeda attacks in Kenya in 1998 and 2002. [Washington Post, 1/8/2007; Time, 11/29/2007] By summer 2007, US and Ethiopian officials will claim that the war in Somalia is over. However, the fighting, the occasional US strikes, and the Ethiopian occupation, continue. [Time, 11/29/2007]

Entity Tags: Abu Talha al-Sudani, Ayman al-Zawahiri, Transitional Federal Government (Somalia), US Military, Islamic Courts Union

Timeline Tags: Complete 911 Timeline

Ahmed Shayea.Ahmed Shayea. [Source: BBC]In an attempt to persuade Islamist militants to abandon violence, the Saudi government opens an unusual prison for militants designed to rehabilitate them. The small compound near Riyadh is called a “care center” and its inmates “beneficiaries.” It is run by the Interior Ministry’s newly-created Ideological Security Unit (ISU). The compound offers recreational facilities, including swimming pools, video games, and table tennis, even art therapy classes. Inmates are required to follow religious classes designed to modify their views. Since its opening, the center has processed former militants from Iraq as well as former Guantanamo prisoners. In a July 2008 report, the BBC interviews one of the inmates, Ahmed Shayea, who drove a truck bomb into the Jordanian embassy in Baghdad in August 2003, killing nine. He says he was tricked by Iraqi recruiters and the authorities have chosen to believe him. “I am now an enemy of al-Qaeda,” declares the former militant. According to the BBC, some former inmates have also received financial support after their release. [Terrorism Monitor, 8/15/2007; Christian Science Monitor, 10/9/2007; Strategic Comments, 5/2008; Sunday Times (London), 7/6/2008; BBC, 7/9/2008] Juma al-Dosari, who recruited people to join al-Qaeda in the US, is a beneficiary of this program after being mysteriously released from the Guantanamo prison in 2007 (see July 16, 2007).

Entity Tags: Juma al-Dosari, Ahmed Shayea, Ideological Security Unit

Timeline Tags: Complete 911 Timeline

Al-Qaeda deputy leader Ayman al-Zawahiri releases a new audio message, entitled “Set Out and Support Your Brothers in Somalia.” The audio comes with a video still of al-Zawahiri from one of his previous videos, lasts for five and a half minutes, and was produced by al-Qaeda’s media arm As-Sahab. “You have to use ambushes and mines, and raids and suicidal attacks until you rend and eat your prey as the lion does with his prey,” says al-Zawahiri, who calls on Muslims everywhere—but specifically those in Yemen, the Arab Peninsula, Egypt, North Africa, and Sudan—to participate in a holy war against secular government and Ethiopian forces in Somalia. According to al-Zawahiri, Somalia needs men, experience, money, and advice to defeat the Ethiopian forces, which he calls the “slaves of America.” Addressing Somali Muslims directly, al-Zawahiri reminds them of US intervention in Somalia between 1992 and 1994, saying that America has been defeated before (see October 3-4, 1993), and due to terrorist strikes in Afghanistan and Iraq, the American Army is relatively weaker. Al-Zawahiri also directly calls upon the youth of the radical Egyptian Islamic group Al-Gama’a al-Islamiyya to participate in the jihad. He states that these members joined the group to obey Allah, and if they are prevented from that duty, “they must crush the sarcophagus where they were embalmed alive.” [Fox News, 1/5/2007]

Entity Tags: Ayman al-Zawahiri, As-Sahab, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Attorney General Alberto Gonzales stuns Senate Judiciary Committee questioners when he says that the fundamental right of habeas corpus, the right for an accused person to go to court and challenge his or her imprisonment, is not protected by the Constitution. Gonzales, in response to questions by Arlen Specter (R-PA), says: “The Constitution doesn’t say every individual in the United States or every citizen is hereby granted or assured the right of habeas.… There is no express grant of habeas in the Constitution. There’s a prohibition against taking it away.” Specter is incredulous, asking how the Constitution could bar the suspension of a right that didn’t exist—a right, he notes, that was first recognized in medieval England as protection against the king’s power to send subjects to royal dungeons. Gonzales does say that habeas corpus is “one of our most cherished rights,” and admits that Congress has protected that right. But Gonzales refuses to acknowledge that the Constitution itself protects the right. If the Constitution does not, then Congress would be able to limit or nullify habeas corpus rights if it so chooses. Congress has not passed such an all-encompassing law yet, but it has passed a law, the Military Commissions Act, that strips the courts of any authority to hear habeas corpus suits filed by “enemy combatants.”
Experts Fear Government Encroachment on Civil Liberties - But constitutional experts on both the left and the right say that Gonzales’s position implies a far broader power. Erwin Chemerinsky, a law professor who has frequently criticized the Bush administration, says: “This is the key protection that people have if they’re held in violation of the law. If there’s no habeas corpus, and if the government wants to pick you or me off the street and hold us indefinitely, how do we get our release?” Former Reagan Justice Department official Douglas Kmiec agrees. If Gonzales’s view prevails, Kmiec says, “one of the basic protections of human liberty against the powers of the state would be embarrassingly absent from our constitutional system.” A Justice Department spokesman says that Gonzales is only noting the absence of a specific constitutional guarantee for habeas corpus, and acknowledges that the Supreme Court has declared “the Constitution protects [habeas corpus] as it existed at common law” in England. These rights, the spokesman says, do not apply to foreigners held as enemy combatants. [San Francisco Chronicle, 1/24/2007]
Habeas Protected in Constitution - The right of habeas corpus is clear in Article I, Section 9, Clause 2 of the Constitution: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” [Think Progress, 1/19/2007]
Expansion of Presidential Powers - Former Reagan Justice Department attorney Bruce Fein says that Gonzales’s stance on habeas corpus is an underpinning of the Bush administration’s attempt to advocate the “unitary executive” theory of presidential power. Gonzales’s statements contain a message: “Congress doesn’t have to let [judges] decide national security matters. It’s part of an attempt to create the idea that during conflicts, the three branches of government collapse into one, and it is the president.” [San Francisco Chronicle, 1/24/2007]

Entity Tags: Senate Judiciary Committee, Military Commissions Act, George W. Bush, Patrick J. Leahy, Erwin Chemerinsky, Central Intelligence Agency, Alberto R. Gonzales, Arlen Specter, Douglas Kmiec, Bush administration (43), Bruce Fein

Timeline Tags: Civil Liberties

A man thought to be al-Qaeda second-in-command Ayman al-Zawahiri releases a new video, which is mostly focused on the situation in Iraq. In the 14-minute video the man said to be al-Zawahiri predicts a fate “worse than anything you have ever seen” for the US and wonders why only 20,000 additional troops are being sent to Iraq. “Why not send 50,000 or 100,000?” he asks. The man also says that the US “must honestly try to reach a mutual understanding with the Muslims,” adding: “If we are secure, you might be secure, and if we are safe, you might be safe. And if we are struck and killed, you will definitely—with Allah’s permission—be struck and killed.” [CNN, 1/23/2007]

Entity Tags: Ayman al-Zawahiri

Timeline Tags: Complete 911 Timeline

Mohammed Jamal Khalifa, brother-in-law and former best friend of Osama bin Laden, is killed in Madagascar. Khalifa’s family claims that a large group of armed men broke into his house and killed him as he slept. His computer and laptop is stolen. Khalifa was living in Saudi Arabia but traded precious stones and was staying at a mine that he owns. His family says they do not believe he had been killed by locals. There is considerable evidence Khalifa was involved in funding al-Qaeda-connected plots in the Philippines and Yemen in the 1990s (see December 16, 1994-February 1995, December 16, 1994-May 1995, and 1996-1997 and After). Since that time, Khalifa has steadfastly denied any involvement in terrorism and has criticized bin Laden. CNN reporter Nic Robertson asks, “Was he killed by bin Laden’s associates for speaking out against the al-Qaeda leader or, equally feasibly, by an international intelligence agency settling an old score?” Just one week earlier, a Philippine newspaper published a posthumous 2006 interview with Khaddafy Janjalani, former leader of Abu Sayyaf, a Muslim militant group in the southern Philippines. In the interview, Janjalani claimed Abu Sayyaf received $122,000 from Khalifa and bomber Ramzi Yousef in the mid-1990s (see Early 1991). [CNN, 1/31/2007; Reuters, 2/1/2007] And four days before his murder, Interpol put out a bulletin about him, notifying a number of US intelligence agencies (see January 26, 2007). [Guardian, 3/2/2007] His murderers have not been found or charged.

Entity Tags: Mohammed Jamal Khalifa, Abu Sayyaf, Osama bin Laden, Khaddafy Janjalani

Timeline Tags: Complete 911 Timeline

The Bush administration confirms that it believes US citizens can be designated as “enemy combatants” under the Military Commissions Act (MCA—see October 17, 2006). The confirmation comes during the trial of Ali Saleh Kahlah al-Marri, a Qatari and the only person on the American mainland being held as an enemy combatant. Al-Marri, currently held at the Charleston, South Carolina Naval brig, is a legal US resident accused of being a sleeper agent for al-Qaeda (see September 10, 2001). He was arrested in December 2001, while living with his family and studying computer science at Bradley University in Illinois. Al-Marri is charged, not with any direct terrorist activities, but with credit card fraud and lying to federal agents. He is challenging his indefinite detention in federal court, and the government is using the MCA to argue that al-Marri has no status in the courts because of his designation as an enemy combatant. One of the appellate court judges, Roger Gregory, asks Justice Department lawyer David Salmons, “What would prevent you from plucking up anyone and saying, ‘You are an enemy combatant?’” Salmons responds that the government can do just that, without interference from the courts, and adds, “A citizen, no less than an alien, can be an enemy combatant.” Gregory and the second of the three appellate judges, Diana Gribbon Motz, seem uncomfortable with the law’s provisions that the US judiciary has no role in such designations. When Motz asks Salmons about the difference between nations making war and individuals committing acts of terrorism, Salmons retorts with a familiar, and long-disputed, argument that the US Congress gave the government the right to detain terrorist suspects without charge or recourse to the judiciary when it granted the administration the right to use military force against terrorists after the 9/11 attacks (see September 14-18, 2001).
Theoretically Declaring War on PETA - Motz is skeptical of the argument, and asks a series of hypothetical questions about just what organizations or individuals President Bush could designate as enemy combatants. Using the animal rights group People for the Ethical Treatment of Animals (PETA) as an example, Motz asks, “Could the president declare war on PETA?” Salmons says the question is unrealistic, but refuses to say that Bush could not do so if he chose. The Bush administration is careful in its use of the enemy combatant designation, Salmons says, therefore, “The representative of PETA can sleep well at night.” [New York Times, 2/2/2007]
Ignoring Constitutional Concept of 'Inalienable Rights' - Author and investigative journalist Robert Parry notes that in the al-Marri case, the Bush administration is arguing against the concept of “inalienable,” or “unalienable,” rights as granted by the Constitution and the Bill of Rights. According to the administration, as long as the US is embroiled in what it calls the “war on terror,” Bush can use his “plenary,” or unlimited, executive powers to essentially waive laws and ignore Constitutional rights if he so chooses. Parry writes that “since the ‘war on terror’ will go on indefinitely and since the ‘battlefield’ is everywhere, Bush is asserting the president’s right to do whatever he wants to whomever he wants wherever the person might be, virtually forever.” Parry concludes, “The Justice Department’s arguments in the [al-]Marri case underscore that Bush still sees himself as a modern-day version of the absolute monarch who gets to decide which rights and freedoms his subjects can enjoy and which ones will be denied.” [Consortium News, 2/3/2007]

Entity Tags: Military Commissions Act, Bush administration (43), Ali Saleh Kahlah al-Marri, Al-Qaeda, David Salmons, George W. Bush, Robert Parry, Roger Gregory, Diana Gribbon Motz, US Department of Justice, People for the Ethical Treatment of Animals

Timeline Tags: Civil Liberties

Thom Hartmann.Thom Hartmann. [Source: Pittsburgh Post-Gazette]Author and talk show host Thom Hartmann issues a call for the repeal of the Military Commissions Act (MCA) (see October 17, 2006). He frames his argument with a quote from the revered British Conservative Prime Minister, Winston Churchill: “The power of the executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious, and the foundation of all totalitarian government whether Nazi or Communist.” The MCA is “the most conspicuous part of a series of laws which have fundamentally changed the nature of this nation, moving us from a democratic republic to a state under the rule of a ‘unitary’ president,” Hartmann writes. The MCA is an “attack on eight centuries of English law,” the foundation of US jurisprudence that goes back to 1215 and the Magna Carta. While the MCA’s supporters in and out of the administration give reassurances that the law only applies to non-citizens, Hartmann notes that two US citizens, Jose Padilla and Yaser Esam Hamdi, have already been stripped of their habeas corpus rights. Habeas corpus, Hartmann writes, is featured prominently in Article I of the US Constitution. Attorney General Alberto Gonzales was flat wrong in saying that the Constitution provided “no express grant of habeas” (see January 17, 2007), Hartmann writes. “Our Constitution does not grant us rights, because ‘We’ already hold all rights. Instead, it defines the boundaries of our government, and identifies what privileges ‘We the People’ will grant to that government.” The authors of the Constitution “must be turning in their graves,” Hartmann writes, quoting the “most conservative” of those authors, Alexander Hamilton: “The establishment of the writ of habeas corpus… are perhaps greater securities to liberty and republicanism than any it [the Constitution] contains.… [T]he practice of arbitrary imprisonments have been, in all ages, the favorite and most formidable instruments of tyranny.” Hamilton’s colleague Thomas Jefferson said that laws such as habeas corpus make the US government “the strongest government on earth.” Now, Hartmann writes, the strength of that government is imperiled. [CommonDreams (.org), 2/12/2007]

Entity Tags: Winston Leonard Spencer Churchill, Alberto R. Gonzales, Alexander Hamilton, Jose Padilla, Magna Carta, Military Commissions Act, Yaser Esam Hamdi, Thomas Jefferson, Thomas Hartmann

Timeline Tags: Civil Liberties

The International Committee of the Red Cross sends its report on the detention and torture of 14 detainees formerly in CIA custody (see October 6 - December 14, 2006) to the CIA’s acting general counsel, John Rizzo. The report is never intended to be made public, but it is documented in an article and subsequent book by Mark Danner (see March 15, 2009). [New York Review of Books, 3/15/2009]

Entity Tags: Central Intelligence Agency, Mark Danner, John Rizzo, International Committee of the Red Cross

Timeline Tags: Torture of US Captives

High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad.High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad. [Source: FBI (except for AFP for Hambali, New York Times for Abu Zubaida, and Reuters for Majid Khan)]Combat Status Review Tribunal hearings are held for fourteen high-value detainees who have been moved to Guantanamo Bay and are being held there by the US military (see September 2-3, 2006). The purpose of the hearings is to check that the detainees are properly designated as “enemy combatants.” Transcripts of the unclassified part of the hearings are released to the media, but no journalists are allowed to attend the hearings, and no photographs of the prisoners are released. However, Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL) view Khalid Shaikh Mohammed’s confession on closed circuit television in Guantanamo Bay (see March 10, 2007).
bullet Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) admits to being involved in dozens of terror plots and attempts to morally justify his actions (see March 10, 2007), causing a good deal of interest in the media (see March 15-23, 2007 and Shortly After).
bullet Mustafa Ahmad al-Hawsawi says he is not an al-Qaeda member. However, he admits receiving military training from al-Qaeda, and helping some of the 9/11 hijackers, as well as knowing Osama bin Laden, Ayman Al-Zawahiri, Ramzi bin al-Shibh, and KSM (see March 21, 2007).
bullet Hambali is accused of being a leader of al-Qaeda affiliate Jemaah Islamiyah (JI) and being involved in several bomb plots in Southeast Asia. He submits a wide-ranging written statement and denies all involvement in terrorist acts, saying he resigned from JI in 2000. [US department of Defense, 4/4/2007 pdf file]
bullet Khallad bin Attash is accused of being involved in the attacks on US embassies in East Africa and the USS Cole. He says that the details of his participation in the attacks, as presented in the evidence, are incorrect, but admits being involved in the attacks. [US department of Defense, 3/12/2007 pdf file]
bullet Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) admits sending hijacker Marwan Alshehhi some money, but says he knew nothing of the plot, denies being an “enemy combatant,” and says he has provided “vital information” to the US (see March 30, 2007).
bullet Ramzi bin al-Shibh refuses to attend the hearing, or talk to his personal representative and translator, so only the summary of unclassified evidence is read out at the hearing. He is accused of knowing three of the hijacker pilots and facilitating the plot, as well as helping Zacarias Moussaoui and being captured at an al-Qaeda safehouse. [US department of Defense, 3/9/2007 pdf file]
bullet Abd al-Rahim al-Nashiri is accused of involvement in the African embassy and USS Cole bombings, but claims that he was tortured into confessing details of plots he invented (see March 10-April 15, 2007). However, he admits knowing Osama bin Laden and several other militants, as well as receiving up to $500,000 from bin Laden and distributing it to associates, some of whom used the money to get married and some of whom used it “to do other stuff.” He admits knowing the people involved in the USS Cole attack, such as al-Qaeda leader Khallad bin Attash, who he describes as a “regular guy who was jihadist,” and he admits buying the boat used in the attack and some explosives in Yemen using money provided by bin Laden. [US department of Defense, 3/14/2007 pdf file]
bullet Abu Zubaida is accused of heading the Khaldan and Darunta training camps in Afghanistan, and admits heading Khaldan, but denies actually being a member of al-Qaeda (see March 27, 2007) and complains of torture (see March 10-April 15, 2007).
bullet Ahmed Khalfan Ghailani is accused of being involved in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998), for which he was indicted in the US. He admits being present when one of the bomb trucks was purchased and traveling in a scouting vehicle, but not to the embassy; and he admits buying the explosives, but argues another team member “could have gotten it himself, but he sent me to get it and bring it to him.” He also says he was told the explosives were for “mining diamonds.” He admits working with al-Qaeda, but denies actually being a member. He concludes by saying he “would like to apologize to the United States Government for what I did before… it was without my knowledge what they were doing but I helped them.” [US Department of Defense, 3/17/2007 pdf file]
bullet Majid Khan, who is alleged to have facilitated travel for extremists and to have planned an attack inside the US, attends the hearing, but says he “would rather have a fair trial… than a tribunal process.” He also denies the charges, complains of being tortured in US custody (see March 10-April 15, 2007), and submits favorable testimony from witnesses. For example, one witness claims he was forced to make a false statement saying that Khan wanted to participate in a suicide operation against Pakistani President Musharraf by the FBI, which threatened to transfer him to Guantanamo Bay. Khan also points out that he helped the FBI catch an illegal immigrant and says he will take a lie detector test. [US department of Defense, 4/15/2007 pdf file]
bullet Abu Faraj al-Libbi, who was accused of running an al-Qaeda guest house in Afghanistan, running a communications hub, and facilitating travel for militant trainees, elects not to participate in his hearing, as, according to his personal representative, “his freedom is far too important to be decided by an administrative process and [he] is waiting for legal proceedings.” [US department of Defense, 3/9/2007 pdf file]
bullet Mohamed Farik Amin is accused of being involved with the al-Qaeda affiliate Jemaah Islamiyah and of helping finance attacks by it. He attends the hearing, but does not say anything. [US department of Defense, 3/13/2007 pdf file]
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) does not to attend the hearing and is represented by his personal representative. He is accused of facilitating the transfer of funds for attacks in Southeast Asia, being an associate of Hambali, and having suspicious materials in the apartment where he was arrested. He says he has “nothing to do with JI” and that “it is true I facilitated the movement of money for Hambali, but I did not know what it was going to be used for.” He also points out, “it is not against the law in Thailand to have an M-16 in your apartment.” [US Department of Defense, 3/20/2007 pdf file]
bullet Gouled Hassan Dourad is accused of heading an al-Qaeda cell in Djibouti and of participating in operations by Al-Ittihad al-Islami in Somalia, but decides not to attend the hearing. He denies the specific allegations, but acknowledges fighting Ethiopians, which he says is his “right.” [US Department of Defense, 4/28/2007]

Entity Tags: Ali Abdul Aziz Ali, Gouled Hassan Dourad, Jemaah Islamiyah, Ahmed Khalfan Ghailani, Hambali, Abu Zubaida, Majid Khan, Abd al-Rahim al-Nashiri, Ramzi bin al-Shibh, Mustafa Ahmed al-Hawsawi, Mohammed Nazir Bin Lep, Mohamad Farik Amin, Khalid Shaikh Mohammed, Abu Faraj al-Libbi, Khallad bin Attash

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

A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture).A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture). [Source: FBI]Khalid Shaikh Mohammed (KSM) attends his combat status review tribunal at Guantanamo Bay (see March 9-April 28, 2007), where he admits participating in the 9/11 attacks and numerous other plots, and offers a defense of his actions. He claims responsibility or co-responsibility for a list of 31 plots, including:
bullet The 1993 World Trade Center bombing (see February 26, 1993);
bullet The 9/11 operation: “I was responsible for the 9/11 operation from A to Z”;
bullet The murder of Daniel Pearl (see January 31, 2002): “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl”;
bullet The late 2001 shoe bombing operation (see December 22, 2001);
bullet The 2002 Bali nightclub bombings (see October 12, 2002);
bullet A series of ship-bombing operations (see Mid-1996-September 11, 2001 and June 2001);
bullet Failed plots to assassinate several former US presidents;
bullet Planned attacks on bridges in New York;
bullet Various other failed attacks in the US, UK, Israel, Indonesia, Australia, Japan, Azerbaijan, the Philippines, India, South Korea, and Turkey;
bullet The planned destruction of an El-Al flight in Bangkok;
bullet The Bojinka plot (see January 6, 1995), and assassination plans for President Clinton (see September 18-November 14, 1994) and the Pope (see September 1998-January 1999); and
bullet Planned attacks on the Library Tower in California, the Sears Tower in Chicago, the Empire State Building in New York, and the “Plaza Bank” in Washington State (see October 2001-February 2002). [US Department of Defense, 3/10/2007 pdf file] However, the Plaza Bank was not founded until 2006, three years after KSM was captured. The bank’s president comments: “We’re confused as to how we got on that list. We’ve had a little bit of fun with it over here.” [Seattle Post-Intelligencer, 3/15/2007]
On the other hand, KSM denies receiving funds from Kuwait or ever heading al-Qaeda’s military committee; he says this was a reporting error by Yosri Fouda, who interviewed him in 2002 (see April, June, or August 2002). In addition, he claims he was tortured, his children were abused in detention, and that he lied to his interrogators (see June 16, 2004). He also complains that the tribunal system is unfair and that many people who are not “enemy combatants” are being held in Guantanamo Bay. For example, a team sent by a Sunni government to assassinate bin Laden was captured by the Taliban, then by the US, and is being held in Guantanamo Bay. He says that his membership of al-Qaeda is related to the Bojinka operation, but that even after he became involved with al-Qaeda he continued to work with another organization, which he calls the “Mujaheddin,” was based in Pakistan, and for which he says he killed Daniel Pearl. [US Department of Defense, 3/10/2007 pdf file] (Note: KSM’s cousin Ramzi Yousef was involved with the militant Pakistani organization Sipah-e-Sahaba.) [Reeve, 1999, pp. 50, 54, 67] Mohammed says he was waterboarded by his interrogators. He is asked: “Were any statements you made as the result of any of the treatment that you received during that time frame from 2003 to 2006? Did you make those statements because of the treatment you receive from these people?” He responds, “CIA peoples. Yes. At the beginning, when they transferred me.” [ABC News, 4/11/2008] He goes on to compare radical Islamists fighting to free the Middle East from US influence to George Washington, hero of the American War of Independence, and says the US is oppressing Muslims in the same way the British are alleged by some to have oppressed Americans. Regarding the fatalities on 9/11, he says: “I’m not happy that three thousand been killed in America. I feel sorry even. I don’t like to kill children and the kids.” Although Islam prohibits killing, KSM argues that there is an exception because “you are killing people in Iraq.… Same language you use, I use.… The language of war is victims.” [US Department of Defense, 3/10/2007 pdf file] The hearing is watched from an adjoining room on closed circuit television by Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL). [US Congress, 3/10/2007] KSM’s confession arouses a great deal of interest in the media, which is skeptical of it (see March 15-23, 2007 and Shortly After).

Entity Tags: Daniel Robert (“Bob”) Graham, Khalid Shaikh Mohammed, Carl Levin

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

Senator Charles Grassley (R-IA) tells 60 Minutes that he has looked into the investigation of the 2001 anthrax attacks (see October 5-November 21, 2001), and has concluded that there was leaking by top government officials—not to shut down the sole publicly named suspect, Steven Hatfill, but to disguise a lack of progress in the investigation. Asked if he has any evidence that government officials knowingly planted false information in the press, Grassley replies, “I believe the extent to which they wanted the public to believe that they were making great progress in this case, and the enormous pressure they had after a few years to show that, yes, that they was very much misleading the public.” He adds that the leaking hurt the investigation: “Because it gave people an indication of where the FBI was headed for. And if you knew what that road map was, that if you were a guilty person you would be able to take action to avoid FBI.” [CBS News, 3/11/2007]

Entity Tags: Charles Grassley, Steven Hatfill, Federal Bureau of Investigation

Timeline Tags: Domestic Propaganda, 2001 Anthrax Attacks

A cartoonist’s view of Khalid Shaikh Mohammed’s confession.A cartoonist’s view of Khalid Shaikh Mohammed’s confession. [Source: Rob Rodgers / Pittsburgh Post-Gazette]Khalid Shaikh Mohammed’s (KSM) confession at a Guantanamo Bay hearing (see March 10, 2007), becomes, as Time puts it, “a focus of cable TV and other media coverage, a reminder of America’s ongoing battle against international terrorism.” [Time, 3/15/2007] However, terrorism analysts are skeptical of some aspects of it. In an article entitled Why KSM’s Confession Rings False, former CIA agent Robert Baer says that KSM is “boasting” and “It’s also clear he is making things up.” Specifically, Baer doubts that KSM murdered Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Baer notes that this “raises the question of just what else he has exaggerated, or outright fabricated.” Baer also points out he does not address the question of state support for al-Qaeda and that “al-Qaeda also received aid from supporters in Pakistan, quite possibly from sympathizers in the Pakistani intelligence service.” [Time, 3/15/2007] Pearl’s father also takes the confession of his son’s murder “with a spice of doubt.” [Hindustan Times, 3/23/2007] Journalist Yosri Fouda, who interviewed KSM in 2002 (see April, June, or August 2002), comments, “he seems to be taking responsibility for some outrages he might not have perpetrated, while keeping quiet about ones that suggest his hand.” Specifically, he thinks KSM may have been involved in an attack in Tunisia that killed about 20 people (see April 11, 2002). [London Times, 3/18/2007] KSM is also believed to have been involved in the embassy and USS Cole bombings (see Mid-1996-September 11, 2001), but these are also not mentioned. Terrorism analyst Bruce Riedel also does not take the confession at face value, saying, “He wants to promote his own importance. It’s been a problem since he was captured.” [Time, 3/15/2007] The Los Angeles Times notes that, according to intelligence officials, “the confession should be taken with a heavy dose of skepticism.” A former FBI manager says: “Clearly he is responsible for some of the attacks. But I believe he is taking credit for things he did not have direct involvement in.” [Los Angeles Times, 3/16/2007] The Seattle Post-Intelligencer points out that the Plaza Bank, one of the targets KSM says he planned to attack, was actually established in 2006, three years after he was captured. [Seattle Post-Intelligencer, 3/15/2007] Michael Scheuer, formerly head of the CIA’s bin Laden unit, notes KSM only says he is “involved” in the plots and that 31 plots in 11 years “can hardly be called excessive.” [Hindustan Times, 3/23/2007] Some media are even more skeptical. For example, the Philadelphia Inquirer comments that KSM, “claimed credit for everything but being John Wilkes Booth’s handler.” [Philadelphia Inquirer, 3/30/2007]

Entity Tags: Yosri Fouda, Judea Pearl, Daniel Pearl, Khalid Shaikh Mohammed, Michael Scheuer, Robert Baer, Bruce Riedel

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

Mustafa Ahmed al-Hawsawi. The picture is taken from a stamped document prior to 9/11.Mustafa Ahmed al-Hawsawi. The picture is taken from a stamped document prior to 9/11. [Source: US District Court for the Eastern District of Virginia, Alexandria Division]At his combat status review tribunal in Guantanamo Bay, 9/11 facilitator Mustafa Ahmed al-Hawsawi denies providing a large amount of funds for the plot, although he does admit knowing some of the hijackers and helping them travel to the US. According to the Los Angeles Times, his denial that he provided substantial amounts to the hijackers is surprising because, “US authorities, as well as the Sept. 11 commission that investigated the attacks, have long alleged that al-Hawsawi was a top lieutenant of plot mastermind Khalid Shaikh Mohammed… [and he]… arranged funding and travel for several of the 19 hijackers.” Meyer also points out that, “the unclassified summary of evidence read at the hearing did not mention any instances in which he allegedly sent money to them. When specifically asked during the hearing if he had done so, al-Hawsawi said he had not.” [Los Angeles Times, 3/30/2007] The unclassified facts supporting his designation as an enemy combatant mostly relate to his receiving money transfers from some of the hijackers just before 9/11 (see September 5-10, 2001), a laptop computer hard-drive containing information about al-Qaeda that is said to be “associated with the detainee,” and a nineteen-page address book. He admits returning to Pakistan just before 9/11 on the advice of 9/11 managers Ramzi bin al-Shibh and Khalid Shaikh Mohammed, meeting Osama bin Laden and Ayman Al-Zawahiri, receiving military training in an al-Qaeda camp, meeting four of the muscle hijackers (see Early-Late June, 2001), and talking to Mohamed Atta on the phone. However, he says that the information on the hard-drive was copied from other computers and was not put there by him, the address book is not his, he never swore bayat to Bin Laden, and is therefore not an al-Qaeda member. [US department of Defense, 3/21/2007 pdf file] Several other high-value detainees have combat status review tribunals hearings at this time (see March 9-April 28, 2007).

Entity Tags: Mustafa Ahmed al-Hawsawi

Timeline Tags: Complete 911 Timeline

At a Guantanamo Bay tribunal to decide his combat status (see March 9-April 28, 2007), militant Islamist logistics manager Abu Zubaida (see March 28, 2002) is accused of heading Khaldan and Darunta training camps in Afghanistan and of co-ordinating their operation with Osama bin Laden, as well as moving money for al-Qaeda, desiring fraudulently-obtained Canadian passports for a terrorist plot, and making diary entries about planned attacks in the US. [US Department of Defense, 3/27/2007 pdf file]
Complaints of Torture, Admission of False Confessions - Zubaida complains of being tortured in US custody (see Mid-May 2002 and After and March 10-April 15, 2007). Zubaida’s statements about his treatment in US custody will be redacted from the trial transcripts, but a few remarks remain. In broken English, Zubaida states: “I was nearly before half die plus [because] what they do [to] torture me. There I was not afraid from die because I do believe I will be shahid [martyr], but as God make me as a human and I weak, so they say yes, I say okay, I do I do, but leave me. They say no, we don’t want to. You to admit you do this, we want you to give us more information… they want what’s after more information about more operations, so I can’t. They keep torturing me.” The tribunal president, a colonel whose name is also redacted, asks, “So I understand that during this treatment, you said things to make them stop and then those statements were actually untrue, is that correct?” Zubaida replies, “Yes.” [US Department of Defense, 3/27/2007 pdf file; Vanity Fair, 12/16/2008]
Denies Being Al-Qaeda Member or Enemy of US - He goes on to deny that he is an “enemy combatant,” saying that the Khaldan training camp, which he admits being logistics manager of, was around since the Soviet-Afghan War and was also used to train Muslims who wanted to fight invaders in Muslim lands, such as Chechnya, Kashmir, the Philippines, and Bosnia, where “America helped us.” After he was captured the US administration exaggerated his importance, and some media accounts have suggested his role was greatly exaggerated (see Shortly After March 28, 2002). He denies being an official member of al-Qaeda and says he disagrees with attacks on civilians. However, he admits some of his trainees subsequently decided to join al-Qaeda and that he did not prevent them from doing this. He also denies moving the money and submits a volume of his diary that apparently shows he was in Pakistan when the charges state he went to Saudi Arabia to collect the money. He requests the production of other volumes of his diaries, on which some of the charges are based, but they are not made available to the tribunal. In addition, he denies corresponding with bin Laden before 2000 and details a dispute that arose between them after that time. He says his diary entries about military targets are “strictly hypothetical,” and the passports are for non-terrorist travel. Following the US invasion of Afghanistan, he admits he helped non-aligned fighters escape from South Asia. He states that he is an enemy of the US because of its alliance with Israel, which he claims is oppressing his fellow Palestinians, saying, “A partner of a killer is also a killer.” [US Department of Defense, 3/27/2007 pdf file]

Entity Tags: Darunta training camp, Abu Zubaida, Al-Qaeda, Khaldan training camp

Timeline Tags: Torture of US Captives, Complete 911 Timeline

ACLU advertisement against the Military Commissions Act.ACLU advertisement against the Military Commissions Act. [Source: ACLU]The American Civil Liberties Union strongly objects to the stripping of habeas corpus rights contained within the Military Commissions Act (MCA—see October 17, 2006). The ACLU observes, “Habeas corpus isn’t a fancy legal term. It’s the freedom from being thrown in prison illegally, with no help and no end in sight. No president should ever be given the power to call someone an enemy, wave his hand, and lock them away indefinitely. The Founders made the president subject to the rule of law. They rejected dungeons and chose due process.” [American Civil Liberties Union, 3/28/2007]

Entity Tags: Military Commissions Act, American Civil Liberties Union

Timeline Tags: Civil Liberties

Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) at Guantanamo in July 2009.Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) at Guantanamo in July 2009. [Source: International Committee of the Red Cross]At his Combat Status Review Tribunal hearing in Guantanamo Bay (see March 9-April 28, 2007), 9/11 facilitator Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) denies being an enemy combatant and says he has provided “vital information” to the US. Regarding the allegations against him:
bullet He admits sending money to hijacker Marwan Alshehhi in the US, but says it was Alshehhi’s money and he regularly moved money for others—he did not know Alshehhi intended to hijack airliners (see June 28-30, 2000);
bullet He admits knowing and working for Khalid Shaikh Mohammed (KSM), his uncle, but says he had no idea KSM was connected to al-Qaeda;
bullet He admits leaving Dubai just before 9/11, but says this was due to residence permit problems (see September 9-11, 2001);
bullet He also denies various other allegations made against him and says he has never been a member of al-Qaeda, trained in the camps, or met Osama bin Laden and Ayman al-Zawahiri.
Statements by KSM and Ramzi bin al-Shibh saying he was not involved in the operation are also submitted in his defense. In his final statement to the tribunal he says: “Ever since I was turned in to the United States government, about four years ago, the government uses my services by getting information from me about al-Qaeda activities and personnel that I obtained through independent research. The United States has benefited from the vital and important information I supplied by foiling al-Qaeda plans and obtaining information on al-Qaeda personnel… So, is it fair or reasonable that after all the important and vital information I have supplied to the United States government that I be considered an enemy combatant?” [US Department of Defense, 4/12/2007 pdf file] The CIA refuses to comment on Ali’s claim he is cooperating. [Los Angeles Times, 4/13/2007]

Entity Tags: Ramzi bin al-Shibh, Ali Abdul Aziz Ali, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

According to former CIA Director George Tenet, he speaks to a “senior CIA officer” with knowledge of pre-9/11 intelligence failures, apparently in preparation for a book he is writing. They discuss the failure to inform the FBI that one of the hijackers, Khalid Almihdhar, had a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000). The officer tells Tenet: “Once Almihdhar’s picture and visa information were received, everyone agreed that the information should immediately be sent to the FBI. Instructions were given to do so. There was a contemporaneous e-mail in CIA staff traffic, which CIA and FBI employees had access to, indicating that the data had in fact been sent to the FBI. Everyone believed it had been done.” [Tenet, 2007, pp. 195] The claim that “everyone agreed” the information should be sent to the FBI is false, because two officers, deputy unit chief Tom Wilshire and Michael Anne Casey, specifically instructed two other people working at Alec Station, the CIA’s bin Laden unit, not to send it (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and January 6, 2000). The “contemporaneous e-mail” was then written by Casey, who must have known the claim the information had been passed was incorrect (see Around 7:00 p.m. January 5, 2000). Casey later appears to have lied about this matter to Tenet (see Before October 17, 2002) and the Justice Department’s inspector general (see February 2004).

Entity Tags: Michael Anne Casey, Central Intelligence Agency, Alec Station, George J. Tenet

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Fahad al-Quso.Fahad al-Quso. [Source: New York Times]Fahad al-Quso, implicated in the 2000 USS Cole bombing, was sentenced to 10 years in prison in Yemen in 2004 for his role in that bombing (see April 11, 2003-March 2004). He attended a key 2000 al-Qaeda summit in Malaysia in which the 9/11 plot was discussed (see January 5-8, 2000). The US maintains a $5 million bounty for him. However, around May 2007, al-Quso is secretly freed. Since 2002, the Yemeni government has had a program of “reeducating” al-Qaeda prisoners and then releasing them (see 2002 and After). The US learns of al-Quso’s release in February 2008, but takes no known action in response. Al-Quso apparently remains free. [Washington Post, 5/4/2008]

Entity Tags: Fahad al-Quso

Timeline Tags: Complete 911 Timeline

May 14, 2007: Padilla Trial Begins

The trial of suspected al-Qaeda operative Jose Padilla begins in a Miami criminal court. Padilla is charged with conspiring to “murder, kidnap, and maim” people overseas. The charges include no allegations of a “dirty bomb” plot or other plans for US attacks, as have been alleged by Bush administration officials (see June 10, 2002). Two co-defendants, Adham Amin Hassoun (see 1993) and Kifah Wael Jayyousi (see (October 1993-November 2001)), also face charges of supporting terrorist organizations. “The defendants were members of a secret organization, a terrorism support cell, based right here in South Florida,” says prosecutor Brian Frazier in his opening statement. “The defendants took concrete steps to support and promote this violence.” Defense attorneys argue that Padilla, Hassoun, and Jayyousi are peaceful Muslims interested in studying their religion and helping their fellow Muslims in war-ravaged areas of the world. Padilla’s attorney, Anthony Natale, calls the case against his client the product of “the politics of fear” in the aftermath of the 9/11 attacks. “Political crises can cause parts of our government to overreach. This is one of those times,” he says. “He’s a young man who has been wrongly accused.” Hassoun’s attorney, Jeanne Baker, says: “The government really is trying to put al-Qaeda on trial in this case, and it doesn’t belong in this courtroom. There’s a lot of rhetoric, but there’s no evidence.” Much of the evidence against the three consists of FBI wiretaps, documents, and witness statements. One of the strongest pieces of evidence against Padilla is his application to attend an al-Qaeda training camp in Afghanistan in July 2000 (see September-October 2000). Prosecutors say Hassoun recruited Padilla when they met in a Florida mosque. “Jose Padilla was an al-Qaeda terrorist trainee providing the ultimate form of material support—himself,” says Frazier. “Padilla was serious, he was focused, he was secretive. Padilla had cut himself off from most things in his life that did not concern his radical view of the Islamic religion.” [Associated Press, 5/14/2007]

Entity Tags: Kifah Wael Jayyousi, Adham Amin Hassoun, Al-Qaeda, Anthony Natale, Brian Frazier, Bush administration (43), Jose Padilla, Jeanne Baker, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

A judge says that the designation “enemy combatant,” used to label detainees held by the US in Guantanamo Bay, is meaningless, throwing proceedings for hundreds of the men into what the Guardian describes as “chaos.” Tribunals had been held in Guantanamo Bay to determine whether detainees held there were “enemy combatants,” and it was thought that such designation was a necessary preliminary step to putting them on trial. However, the judge, Colonel Peter Brownback, says that it is not enough to designate a detainee as an “enemy combatant,” and that a tribunal must be proceeded by a designation that a detainee is an “unlawful enemy combatant,” as this is the wording used in the Military Commissions Act, which established the tribunals. Colonel Brownback throws out cases against detainees Omar Khadr and Salim Ahmed Hamdan, alleged to have been Osama bin Laden’s chauffeur, saying that a person “has a right to be tried only by a court that has jurisdiction over him,” and the court does not have that right. The ruling means that none of the other hundreds of detainees can be brought before the tribunals, because the incorrect designation was applied to all of them. However, the ruling is without prejudice, and the US can still try to re-designate detainees “unlawful enemy combatants” and bring them before tribunals. Defense attorney Kristine Huskey calls the situation a “shambles,” and says, “It’s another example of how everything has been so ad hoc. The Military Commissions Act was just not done thoughtfully.” Another defense attorney, Colonel Dwight Sullivan, comments, “The system right now should just stop… The commission is an experiment that failed and we don’t need any more evidence that it is a failure.” [Guardian, 6/5/2007]

Entity Tags: Kristine Huskey, Dwight Sullivan, Peter Brownback, Salim Ahmed Hamdan, Omar Khadr

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

Ali Abd al-Rahman al-Faqasi al-Ghamdi.Ali Abd al-Rahman al-Faqasi al-Ghamdi. [Source: Public domain]Amnesty International, Human Rights Watch, and four other organizations file a US federal lawsuit under the Freedom of Information Act seeking information about 39 people they believe have “disappeared” while held in US custody. The groups mentions 39 people who were reportedly captured overseas and then held in secret CIA prisons. The US acknowledges detaining three of the 39 but the groups say there is strong evidence, including witness testimony, of secret detention in 18 more cases and some evidence of secret detention in the remaining 18 cases. In September 2006, President Bush acknowledged the CIA had interrogated dozens of suspects at secret CIA prisons and said 14 of those were later sent to Guantanamo Bay (see September 6, 2006). At that time it was announced that there were no prisoners remaining in custody in US secret facilities (see September 2-3, 2006). However, the groups claim that in April 2007 a prisoner named Abd al-Hadi al-Iraqi was transferred from CIA custody to Guantanamo, demonstrating the system is still operating (see Autumn 2006-Late April 2007). The groups also claim that in September 2002 the US held the two children of Khalid Shaikh Mohammed (KSM), then aged seven and nine, in an adult detention center. KSM was later captured and is now held at Guantanamo; it is unknown what happened to his children. [Reuters, 6/7/2007] Some of the more important suspects named include:
bullet Hassan Ghul, said to be an important al-Qaeda courier. In 2005, ABC News reported he was being held in a secret CIA prison (see November 2005). Apparently, the CIA transferred Ghul to Pakistani custody in 2006 so he would not have to join other prisoners sent to the Guantantamo prison (see (Mid-2006)), and Pakistan released him in 2007, allowing him to rejoin al-Qaeda (see (Mid-2007)).
bullet Ibn al-Shaykh al-Libi, a high-ranking al-Qaeda leader. The same ABC News report also mentioned him. Al-Libi was secretly transferred to Libya around 2006 (see Between November 2005 and September 2006) and will die there in 2009 under mysterious circumstances (see (May 10, 2009)).
bullet Mohammed Omar Abdul-Rahman, a son of the Blind Sheikh, Sheikh Omar Abdul-Rahman. The same ABC News report also mentioned him. He was reportedly captured in Pakistan in 2003 (see February 13, 2003).
bullet Ali Abd al-Rahman al-Faqasi al-Ghamdi, a.k.a. Abu Bakr al Azdi. He is said to be a candidate 9/11 hijacker who was held back for another operation. In 2004, the 9/11 Commission reported he was in US custody.
bullet Suleiman Abdalla Salim Hemed. Wanted for involvement in the 1998 African embassy bombings, he was reportedly captured in Somalia in March 2003. Witnesses claim to have seen him in two secret US prisons in 2004.
bullet Yassir al-Jazeeri. Said to be a high-ranking al-Qaeda leader, he was reportedly captured in Pakistan in March 2003. Witnesses later saw him in a secret CIA prison (see March 15, 2003).
bullet Musaad Aruchi, a nephew of Khalid Shaikh Mohammed. He was reported captured in Pakistan in June 2004 and then taken into CIA custody (see June 12, 2004).
bullet Sheikh Ahmed Salim Swedan. Wanted for a role in the African embassy bombings, there were various reports he was captured in Pakistan in 2002 and taken into US custody (see July 11, 2002). However, it appears these reports are false, because he will allegedly be killed in Pakistan in 2009 (see January 1, 2009).
bullet Anas al-Liby, also wanted for a role in the African embassy bombings. He was reportedly captured in 2002 (see January 20, 2002- March 20, 2002) and it is suspected the US has handed him over to Egypt. [Human Rights Watch, 6/7/2007]

Entity Tags: Pacha Wazir, Sheikh Ahmed Salim Swedan, Suleiman Abdalla Salim Hemed, Yassir al-Jazeeri, Ibn al-Shaykh al-Libi, Human Rights Watch, Abd al-Hadi al-Iraqi, Ali Abd al-Rahman al-Faqasi al-Ghamdi, Amnesty International, Anas al-Liby, Hassan Ghul, Mohammed Omar Abdul-Rahman, Musaad Aruchi

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

A federal appeals court rules that “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and February 1, 2007) must be released from military custody. “To sanction such presidential authority to order the military to seize and indefinitely detain civilians,” writes Judge Diana Gribbon Motz, “even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution—and the country.” She adds, “We refuse to recognize a claim to power that would so alter the constitutional foundations of our Republic.” [New York Times, 6/11/2007] Motz continues, “The president cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention.”
Military Commissons Act Does Not Apply - The Military Commissions Act (MCA) (see October 17, 2006) does not apply to al-Marri, the court rules. [Bloomberg, 6/11/2007] Motz writes that the MCA does not apply to al-Marri and the court also rules that the government failed to prove its argument that the Authorization for Use of Military Force, enacted by Congress immediately after the 9/11 attacks (see September 14-18, 2001), gives President Bush the power to detain al-Marri as an enemy combatant. [Associated Press, 6/11/2007] Motz also notes that even though the government says the MCA applies to al-Marri’s case, it did not follow its own guidelines under that law. The MCA requires all such detainees to be granted a Combat Status Review Tribunal (CRST) determination; all Guantanamo-based detainees have been given such a procedure. Al-Marri has not. The government did not suggest the procedure for al-Marri until the day it filed its motion to dismiss al-Marri’s case. [Christian Science Monitor, 6/13/2007] The case, al-Marri v. Wright, was filed against Navy Commander S.L. Wright, who oversees the Charleston military prison that houses al-Marri. [Bloomberg, 6/11/2007]
Government Arguments Repudiated - The 2-1 decision of the US Court of Appeals in Richmond was written for the majority by Motz. Al-Marri is the only person held on the US mainland as an enemy combatant, and has been held in isolation for four years (see August 8, 2005). The government has alleged since 2002 that al-Marri was an al-Qaeda sleeper agent sent to the US to commit mass murder and disrupt the US banking system (see June 23, 2003). Motz writes that while al-Marri may well be guilty of serious crimes, the government cannot sidestep the US criminal justice system through military detention. The al-Marri ruling apparently does not apply to enemy combatants and other detainees held without charges or legal access at the facility in Guantanamo Bay, Cuba. The dissenting judge, Henry Hudson, writes that President Bush “had the authority to detain al-Marri as an enemy combatant or belligerent” because “he is the type of stealth warrior used by al-Qaeda to perpetrate terrorist acts against the United States.” Hudson is a Bush appointee. Motz and Judge Roger Gregory, the concurring judge, were appointed by former president Bill Clinton. Motz orders the Pentagon to issue a writ of habeas corpus for al-Marri “within a reasonable period of time.” The Pentagon may release him, hold him as a material witness, or charge him in the civilian court system. Al-Marri “can be returned to civilian prosecutors, tried on criminal charges, and, if convicted, punished severely,” she writes, “But military detention of al-Marri must cease.” [New York Times, 6/11/2007; Bloomberg, 6/11/2007]
Democracy Vs. 'Police State' - Hafetz says: “We’re pleased the court saw through the government’s stunning position in this case. Had it not, the executive could effectively disappear people by picking up any immigrant in this country, locking them in a military jail, and holding the keys to the courthouse.… This is exactly what separates a country that is democratic and committed to the rule of law from a country that is a police state.” [Christian Science Monitor, 6/13/2007]
Justice Department to Challenge Decision - The Justice Department intends to challenge the decision (see June 11, 2007 and Late October-Early November, 2007). The case is expected to reach the Supreme Court, and may help define what authority the government has to indefinitely detain terror suspects and to strip detainees of their right to challenge the legality and conditions of their detention. [Associated Press, 6/11/2007] For the time being, al-Marri will remain in military custody in the Charleston naval brig. [Cincinnati Post, 6/12/2007]

Entity Tags: Diana Gribbon Motz, Combat Status Review Tribunal, Al-Qaeda, Ali Saleh Kahlah al-Marri, US Department of Justice, Henry Hudson, US Supreme Court, Jonathan Hafetz, US Department of Defense, Military Commissions Act, George W. Bush, S.L. Wright

Timeline Tags: Torture of US Captives, Civil Liberties

Former Reagan Justice Department official and constitutional lawyer Bruce Fein and former civil liberties lawyer Glenn Greenwald applaud the recent ruling requiring the government to overturn alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri’s military detention status (see June 11, 2007). Fein writes that the decision “rebuked President Bush’s frightening claim that the Constitution crowned him with power to pluck every American citizen from his home for indefinite detention without trial on suspicion of preparing for acts of international terrorism.” Other terrorist acts, such as the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the 1993 World Trade Center bombings (see February 26, 1993), “were tried and punished in civilian courts,” Fein notes, adding that Bush bypassed the USA Patriot Act to classify al-Marri as an enemy combatant, although the Patriot Act “provides a specific method for the government to detain aliens affiliated with terrorist organizations who are believed likely to engage in terrorist activity.” Al-Marri was denied that procedure due to his classification as an enemy combatant. [Washington Times, 6/19/2007] Greenwald writes, “How extraordinary it is—how extraordinarily disturbing it is—that we are even debating these issues at all. Although its ultimate resolution is complicated, the question raised by al-Marri is a clear and simple one: Does the president have the power—and/or should he have it—to arrest individuals on US soil and keep them imprisoned for years and years, indefinitely, without charging them with a crime, allowing them access to lawyers or the outside world, and/or providing a meaningful opportunity to contest the validity of the charges? How can that question not answer itself?… Who would possibly believe that an American president has such powers, and more to the point, what kind of a person would want a president to have such powers? That is one of a handful of powers that this country was founded to prevent.” [Chicago Sun-Times, 6/17/2007]

Entity Tags: George W. Bush, Al-Qaeda, Ali Saleh Kahlah al-Marri, Glenn Greenwald, Bruce Fein, USA Patriot Act

Timeline Tags: Torture of US Captives, Civil Liberties

According to reports in the Indian press, a recently arrested militant leader says he believes Saeed Sheikh wired money to lead hijacker Mohamed Atta before 9/11 (see Early August 2001 and Summer 2001 and before). The militant, who is known as Babu Bhai and is a leader of the militant organization Harkat ul-Jihad al-Islami, says that the money came from a ransom paid for the release of a kidnapped shoe company executive and that he was involved in the kidnap operation as a deputy to the local commander, Asif Raza Khan. Other people involved in the money transfer are arrested based on the information disclosed by Babu Bhai. This confession supports previous reports about the transfer (see September 30-October 7, 2001, January 22-25, 2002 and July 31, 2003). [Times of India, 6/25/2007; News Post India, 6/25/2007; Ahmedabad Newsline, 6/29/2007]

Entity Tags: Saeed Sheikh, Babu Bhai, Asif Raza Khan, Mohamed Atta, Harkat ul-Jihad al-Islami

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Most of the lawsuits filed against the US government and against a number of private telecommunications firms alleging illegal wiretapping of US citizens and foreign organizations (see January 31, 2006) are hampered by what legal experts call a “Catch 22” process: lawyers for the Justice Department and for the firms that are alleged to have cooperated with the government in wiretapping citizens and organizations argue that the lawsuits have no merits because the plaintiffs cannot prove that they were direct victims of government surveillance. At the same time, the lawyers argue that the government cannot reveal if any individuals were or were not monitored because the “state secrets privilege” (see March 9, 1953) allows it to withhold information if it might damage national security. Lawyer Shayana Kadidal, who is representing the Center for Constitutional Rights in another lawsuit on behalf of Guantanamo Bay detainees, says, “The government’s line is that if you don’t have evidence of actual surveillance, you lose on standing.”
One Lawsuit Has Evidence of Surveillance - But the lawsuit filed by Saudi charitable organization the Al Haramain Islamic Foundation (see February 28, 2006) is different, because the plaintiffs have an actual classified US document that they say proves their allegations. Kadidal says that because of that document, “[T]his is the only one with evidence of actual surveillance” and therefore has a much stronger chance of going forward. The Justice Department will not confirm, or deny, if anyone from Al Haramain was monitored either under the Terrorist Surveillance Program or any other government operation, but plaintiff lawyer Jon Eisenberg tells a judge in July 2007: “We know how many times [my client has] been surveilled. There is nothing left for this court to do except hear oral arguments on the legality of the program.”
Extraordinary Measures to Keep Document 'Secure' - Though the Justice Department has repeatedly argued that the Treasury Department document at the heart of the case is harmless and unrelated to NSA surveillance, it is taking extraordinary measures to keep it secure—it is held under strict government seal and remains classified as top secret. Even the plaintiff’s lawyers are no longer allowed to see the document, and have been forced to file briefs with the court based on their memories of the document. [Wired News, 3/5/2007]
Expert: Government Cannot Stop Case - The government probably does not have enough to derail the Al Haramain case, according to law professor Curtis Bradley. In August 2007, Bradley observes, “The biggest obstacle this litigation has faced is the problem showing someone was actually subjected to surveillance,” but the lawsuit “has a very good chance to proceed farther than the other cases because it’s impossible for the government to erase [the lawyers’] memories of the document.” [Associated Press, 8/5/2007]

Entity Tags: US Department of Justice, Terrorist Surveillance Program, Shayana Kadidal, Jon Eisenberg, Curtis Bradley, Al Haramain Islamic Foundation (Oregon branch), National Security Agency, Center for Constitutional Rights

Timeline Tags: Civil Liberties

Security forces after the Sheba temple bombing.Security forces after the Sheba temple bombing. [Source: Marib Press / Associated Press]A suicide bomber drives into a convoy of Spanish tourists visiting an ancient temple in Yemen, killing eight Spaniards and two Yemenis. The attack takes place near a 3,000 year old temple dedicated to the Queen of Sheba, about 85 miles east of the capital of Sana’a. No group claims responsibility for the bombing, but less than two weeks earlier, the US embassy issued a warning for Americans to avoid the area, due to suspicions of a planned al-Qaeda attack. [Associated Press, 7/3/2007; BBC, 8/8/2007] One month later, Yemeni security forces kill some suspected al-Qaeda militants, including three men, Ali bin Ali Naser Doha, Naji Ali Jaradan, and Abdul-Aziz Saeed Jaradan, who are believed to have been involved in the bombing. One of those that is not killed is Kassem al-Raimi, an alleged top al-Qaeda operative thought to have masterminded the attack. Al-Raimi was one of many who escaped from a Yemeni prison the year before (see February 3, 2006). [BBC, 8/8/2007; Yemen Times, 8/12/2007] In several interviews after the bombing, Yemeni President Ali Abdallah Saleh will claim his government has reached a new truce with al-Qaeda. [Associated Press, 10/26/2007]

Entity Tags: Naji Ali Jaradan, Kassem al-Raimi, Ali Abdallah Saleh, Ali bin Ali Naser Doha, Abdul-Aziz Saeed Jaradan, Al-Qaeda

Timeline Tags: Complete 911 Timeline

A man claiming to be al-Qaeda second-in-command Ayman al-Zawahiri condemns the Pakistani Army’s raid of the Red Mosque (Lal Masjid), a center of Islamist militancy in Islamabad, Pakistan (see July 3-11, 2007). In an audio tape released on the Internet, the man says: “Muslims of Pakistan: your salvation is only through jihad [holy war]… Rigged elections will not save you, politics will not save you, and bargaining, bootlicking, negotiations with the criminals, and political maneuvers will not save you.… This crime can only be washed away by repentance or blood. If you do not revolt, [Pakistani President Pervez] Musharraf will annihilate you. Musharraf will not stop until he uproots Islam from Pakistan.” [BBC, 7/11/2007; Associated Press, 7/11/2007] The audio tape appears just days after the raid on the Red Mosque began. The Sunday Times notes, “Diplomats were surprised by the speed with which the fugitive al-Zawahiri condemned the raid and called on Pakistanis to rise up against Musharraf.” [Sunday Times (London), 7/15/2007] The Sunday Times will claim that al-Zawahiri and other al-Qaeda leaders were secretly directing the militants in the mosque (see July 15, 2007). Osama bin Laden also apparently condemns the Red Mosque raid, but it will take until September for his message to appear (see September 20, 2007).

Entity Tags: Ayman al-Zawahiri, Pervez Musharraf

Timeline Tags: Complete 911 Timeline

Justice Department official Patrick Philbin testifies in a closed session of the House Intelligence Committee on the subject of interrogation tactics. Philbin testifies that each of the 24 approved interrogation tactics used by US personnel to interrogate terrorist suspects are “plainly lawful.” He notes that laws such as the Military Extraterritorial Jurisdiction Act and the Uniform Code of Military Justice define, to an extent, what is and is not torture, and prohibit excessive interrogation methods that might come under that rubric. He also notes that the US is a signatory to the Convention Against Torture (see October 21, 1994), which defines torture broadly as the intentional infliction of “severe pain or suffering” by anyone acting in an official capacity. He insists the US has done nothing to violate this treaty, nor the War Crimes Act, the Geneva Conventions, or Fifth and the Eighth Amendments to the US Constitution. Although terrorist organizations such as al-Qaeda and “extragovernmental” organizations such as the Taliban do not fall under the protection of the Geneva Conventions, Philbin argues that the US continues to follow its guidelines in its treatment of prisoners from those groups “to the extent consistent with military necessity…” [House Intelligence Committee, 7/14/2007 pdf file] However, in 2004, a classified report by the CIA’s Inspector General concluded that some of the interrogation techniques used by the CIA probably did violate the Convention Against Torture (see May 7, 2004).

Entity Tags: War Crimes Act, US Department of Justice, Uniform Code of Military Justice, Patrick F. Philbin, Geneva Conventions, Convention Against Torture, Al-Qaeda, Taliban, House Intelligence Committee, Military Extraterritorial Jurisdiction Act

Timeline Tags: Torture of US Captives, Civil Liberties

Juma al-Dosari in Saudi Arabia after his release.Juma al-Dosari in Saudi Arabia after his release. [Source: Nancy Durham / CBC]The Defense Department releases 16 Saudis being held in Guantanamo prison and returns them to Saudi Arabia. One of them is Juma al-Dosari, a dual Bahraini/Saudi citizen, and apparently a long-time al-Qaeda operative. [Gulf Daily News, 7/17/2007]
Extensive Al-Qaeda Links - Al-Dosari was known as “the closer” for recruiting new al-Qaeda operatives, and he recruited the “Lackawanna Six” in New York State while he lived in the US from 1999 to 2001. According to his 2006 Guantanamo Administrative Review Board evidence review, there is a long list of evidence tying him to al-Qaeda since he was 16-years old in 1989, just one year after al-Qaeda was founded. He fought with militants in Bosnia, Chechnya, and Tajikistan. He was arrested in Kuwait and then again in Saudi Arabia for suspected involvement in the 1996 Khobar Towers bombings (see June 25, 1996), but released without charge both times. An unnamed source claims he was involved in the 2000 USS Cole bombing (see October 12, 2000). He was arrested during the battle of Tora Bora, Afghanistan, in late 2001, and then sent to Guantanamo. US intelligence intercepted communications between him and Osama bin Laden’s son Saad bin Laden, and also him and al-Qaeda leader Khallad bin Attash (see November 2001-May 2002). [PBS Frontline, 10/16/2003; PBS Frontline, 10/16/2003; US Department of Defense, 9/13/2006 pdf file]
Release Unnoticed, Unexplained - Al-Dosari’s 2007 release goes almost entirely unnoticed by the US media, despite previous articles and books discussing his recruitment of the “Lackawanna Six.” In June 2008, retired FBI agent Peter Ahearn will comment to the Buffalo News that he is baffled that the US government never criminally prosecuted al-Dosari, and then released him. “We felt strongly that we could try him in Buffalo on criminal charges, but the Justice Department declined.” Ahearn is upset that al-Dosari “is walking around as a free man in Saudi Arabia.” [Buffalo News, 6/22/2008]
"Rehabilitated" in Saudi Arabia - Upon arriving in Saudi Arabia, al-Dosari is admitted into a “soft approach” government rehabilitation program designed to prevent militants from relapsing back into violent extremism (see 2007 and After). He is given a car, psychological therapy, a monthly allowance, help to find a job, and help to get married. He had attempted to commit suicide over a dozen times while in Guantanamo. In 2008, it will be reported that he is doing well in Saudi Arabia, with a new wife and a new job. He now says Osama bin Laden “used my religion and destroyed its reputation.” [Los Angeles Times, 12/21/2007; Gulf News, 2/22/2008]

Entity Tags: Peter Ahearn, Juma al-Dosari

Timeline Tags: Complete 911 Timeline

President Bush signs Executive Order 13440, which authorizes the CIA to continue using so-called “harsh” interrogation methods against anyone in US custody suspected of being a terrorist, or having knowledge of terrorist activities. The order relies on, and reaffirms, Bush’s classification of “al-Qaeda, Taliban, and associated forces” as “unlawful enemy combatants” who are not covered under the Geneva Conventions. The order also emphasizes that the Military Commissions Act (MCA) (see October 17, 2006) “reaffirms and reinforces the authority of the president to interpret the meaning and application of the Geneva Conventions.” The order does not include “murder, torture, cruel or inhuman treatment, mutilation or maiming, intentionally causing serious bodily injury, rape, sexual assault or abuse, taking of hostages, or performing of biological experiments… other acts of violence serious enough to be considered comparable to murder, torture, mutilation, and cruel or inhuman treatment… any other acts of cruel, inhuman, or degrading treatment or punishment prohibited” by law. It also precludes acts of extreme humiliation “that any reasonable person, considering the circumstances, would deem the acts to be beyond the bounds of human decency, such as sexual or sexually indecent acts undertaken for the purpose of humiliation, forcing the individual to perform sexual acts or to pose sexually, [or] threatening the individual with sexual mutilation, or using the individual as a human shield.” The order also excludes acts that denigrate a detainee’s religion or religious practices. [White House, 7/20/2007] The order does not apply to the Army, which has numerous interrogators operating at Guantanamo and other US detention facilities. [Social Science Research Network, 3/18/2008] CIA Director Michael Hayden says, “We can now focus on our vital work, confident that our mission and authorities are clearly defined.” Administration officials say that because of the order, suspects now in US custody can be moved immediately into the “enhanced interrogation” program. Civil libertarians and human rights advocates are much less enamored of the new order. Human Rights Watch official Tom Malinowski says, “All the order really does is to have the president say, ‘Everything in that other document that I’m not showing you is legal—trust me.’” [Washington Post, 7/21/2007] In January 2009, President Obama will withdraw the order. [Washington Independent, 4/21/2009]

Entity Tags: US Department of the Army, Tom Malinowski, Taliban, George W. Bush, Geneva Conventions, Al-Qaeda, Barack Obama, Central Intelligence Agency, Military Commissions Act, Michael Hayden

Timeline Tags: Torture of US Captives, Civil Liberties

Representative Ron Paul, profiled in a New York Times article, answers a question about his connections to the John Birch Society (JBS—see March 10, 1961, 1978-1996, August 4, 2008 and December 2011). “Oh, my goodness, the John Birch Society!” Paul replies in what the reporter calls “mock horror.” “Is that bad? I have a lot of friends in the John Birch Society. They’re generally well educated and they understand the Constitution. I don’t know how many positions they would have that I don’t agree with. Because they’re real strict constitutionalists, they don’t like the war, they’re hard-money people.” [New York Times, 7/22/2007] The JBS is, according to the Southern Poverty Law Center, a prominent right-wing extremist group that has accused a number of lawmakers, including former President Dwight D. Eisenhower, of being “closet Communists,” and promotes “wild conspiracy theories” such as the “international Jewish” conspiracy to control the global economy and the idea that the World War II Holocaust never happened. The JBS has been a pioneer in what an analysis by Political Research Associates (PRA) will call “the encoding of implicit cultural forms of ethnocentric white racism and Christian nationalist antisemitism rather than relying on the white supremacist biological determinism and open loathing of Jews that had typified the old right prior to WWII.” PRA will note, “Throughout its existence, however, the Society has promoted open homophobia and sexism.” [Political Research Associates, 2010; Southern Poverty Law Center, 8/17/2010]

Entity Tags: Ron Paul, John Birch Society, Dwight Eisenhower, Political Research Associates, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

Steven Bradbury, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo on what a new interpretation of the Geneva Conventions’ Common Article 3 means for the CIA’s “enhanced interrogation program.” The Bradbury memo, released after months of debate among Bush officials regarding the ramifications of the recent Supreme Court decision extending Geneva protections to enemy combatants in US custody (see June 30, 2006), new legislation following the Court’s decision (see October 17, 2006), and an executive order on interrogations (see July 20, 2007), spells out what interrogation practices the CIA can use. The memo’s existence will not become known until after the 2009 release of four Justice Department torture memos (see April 16, 2009). Michael Ratner of the Center for Constitutional Rights will say upon learning of the memo, “The CIA still seems to want to get authority to interrogate people outside of what would be found to be a violation of the Geneva Conventions and the law.” Ratner will add that the memo raises questions about why the CIA felt it needed expanded authorities for interrogations. “What we don’t know is whether, after Hamdan, that 2007 memo modifies what the CIA is able to do in interrogation techniques,” he will say. “But what’s more interesting is why the CIA thinks it needs to use those interrogation techniques. Who are they interrogating in 2007? Who are they torturing in 2007? Is that they’re nervous about going beyond what OLC has said? These are secret-site people. Who are they? What happened to them?” [Washington Independent, 4/21/2009]

Entity Tags: Geneva Conventions, Bush administration (43), Center for Constitutional Rights, Central Intelligence Agency, US Supreme Court, Michael Ratner, US Department of Justice, Steven Bradbury, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives, Civil Liberties

After alleged al-Qaeda leader Muhammad Rahim al-Afghani is captured in Lahore, Pakistan, by local forces in July 2007 (see July 2007), he is soon transferred to a secret CIA prison. He is held in the CIA’s secret prison system until March 14, 2008, when he is transferred to the US-run prison in Guantanamo, Cuba. [Los Angeles Times, 3/15/2008] It is not known when he is captured or handed to the CIA exactly, but a newspaper report on August 2, 2007, indicates he is already in US custody. [Asian News International, 8/2/2007]
Secret CIA Prison System Still Operational - It is also not known where he is held exactly. In September 2006, President Bush announced that the CIA’s secret prisons had been emptied, at least temporarily, and the remaining prisoners had been transferred to Guantanamo (see September 6, 2006 and September 2-3, 2006). Since then, there has only been one instance of anyone held in secret CIA custody, and that was Abd al-Hadi al-Iraqi, held by the CIA from autumn 2006 until April 2007 (see Autumn 2006-Late April 2007). Rahim’s custody indicates that the CIA prison system is still being used, although Rahim may be the only prisoner held in it at this time. [Los Angeles Times, 3/15/2008]
Is Rahim Interrogated Using Legally Questionable Methods? - In August and November 2007, an unnamed prisoner in a secret CIA prison is forced to stay awake for up to six days straight. This is almost certainly Rahim. The US State Department considers this treatment torture when other countries do it (see August and November 2007).

Entity Tags: Muhammad Rahim al-Afghani, Al-Qaeda, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

British Foreign Secretary David Miliband formally asks the Bush administration to release five British citizens from detention at Guantanamo. The administration will release three, but refuse to release Binyam Mohamed (see May-September, 2001 and November 4, 2005) and Shaker Aamer, citing security concerns. [Guardian, 2/5/2009]

Entity Tags: Bush administration (43), Binyam Mohamed, Shaker Aamer, David Miliband

Timeline Tags: Torture of US Captives

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

Aziz Huq.Aziz Huq. [Source: American Prospect]Aziz Huq, an author and the director of the Brennan Center for Justice at New York University, writes that the Protect America Act (PAA-see August 5, 2007) came about as a result of what he calls “the most recent example of the national security waltz, a three-step administration maneuver for taking defeat and turning it into victory.” Step one is a court defeat for the administration, for example regarding detainees at Guantanamo (see June 28, 2004), or the overruling of military commissions in 2006 (see June 30, 2006). The second step, which comes weeks or months later, is an announcement that the ruling has created a security crisis and must be “remedied” through immediate legislation. The third and final step is the administration pushing legislation through Congress, such as the Detainee Treatment Act (see December 15, 2005) or the Military Commissions Act, that, Huq writes, “not only undoes the good court decision but also inflicts substantial damage to the infrastructure of accountability.”
Step One: FISC Refuses to Approve NSA's Surveillance Program - In January 2007, the administration announced that it was submitting the NSA’s domestic surveillance program to the Foreign Intelligence Surveillance Court (FISC), the secret court that issues FISA warrants for surveillance (see May 1, 2007). This was due to pending court cases threatening to rule the program in violation of FISA and the Fourth Amendment; the administration wanted to forestall, or at least sidestep, those upcoming rulings. In June, FISC refused to approve parts of the NSA program that involved monitoring overseas communications that passed through US telecom switches. Since a tremendous amount of overseas communications are routed through US networks, this ruling jeopardized the NSA’s previous ability to wiretap such communications virtually at will without a warrant. The administration objected to the NSA having to secure such warrants.
Step Two: The Drumbeat Begins - Months later, the drumbeat for new legislation to give the NSA untrammeled rights to monitor “overseas” communications, which not only traveled through US networks, but often began or ended with US citizens, began with appearances in the right-wing media by administration supporters, where they insisted that the FISC ruling was seriously hampering the NSA’s ability to garner much-needed intelligence on terrorist plots against the US. The White House and Congressional Republicans drafted legislation giving the NSA what it wanted, and presented it during the last week of the Congressional session, minimizing the time needed for scrutiny of the legislation as well as reducing the time available for meaningful debate.
Step Three: Passing a Law With Hidden Teeth - The legislation that would become the Protect America Act was carefully written by Bush officials, and would go much farther than giving the NSA the leeway it needed to wiretap US citizens. Instead, as Huq writes, “the Protect America Act is a dramatic, across-the-board expansion of government authority to collect information without judicial oversight.” Democrats believed they had negotiated a deal with the administration’s Director of National Intelligence, Mike McConnell, to limit the law to addressing foreign surveillance wiretaps, but, Huq writes, “the White House torpedoed that deal and won a far broader law.” The law removes any real accountability over domestic surveillance by either Congress or the judiciary. Former CIA officer Philip Giraldi says that the PAA provides “unlimited access to currently protected personal information that is already accessible through an oversight procedure.” The law is part of the administration’s continual attempts to “eviscerat[e]” the checks and balances that form the foundation of US democracy.
Ramifications - The law includes the provision that warrantless surveillance can be “directed at a person reasonably believed to be located outside of the United States.” Huq writes that this is a tremendously broad and vague standard that allows “freewheeling surveillance of Americans’ international calls and e-mails.” He adds: “The problem lies in the words ‘directed at.’ Under this language, the NSA could decide to ‘direct’ its surveillance at Peshawar, Pakistan—and seize all US calls going to and from there.… Simply put, the law is an open-ended invitation to collect Americans’ international calls and e-mails.” The law does not impose any restrictions on the reason for surveillance. National security concerns are no longer the standard for implementing surveillance of communications. And the phrase “reasonably believe” is uncertain. The provisions for oversight are, Huq writes, “risibly weak.” Surveillance need only be explained by presentations by the Director of National Intelligence and the Attorney General to FISC, which has little room to invalidate any surveillance, and furthermore will not be informed of any specific cases of surveillance. As for Congress, the Attorney General only need inform that body of “incidents of noncompliance” as reported by the administration. Congress must rely on the administration to police itself; it cannot demand particulars or examine documentation for itself. The law expires in six months, but, Huq notes, that deadline comes up in the middle of the 2008 presidential campaign, with all the pressures that entails. And the law allows “the NSA to continue wielding its new surveillance powers for up to a year afterward.” The law, Huq writes, “does not enhance security-related surveillance powers. Rather, it allows the government to spy when there is no security justification. And it abandons all but the pretense of oversight.” [Nation, 8/7/2007]

Entity Tags: Mike McConnell, Detainee Treatment Act, Bush administration (43), Aziz Huq, Foreign Intelligence Surveillance Court, Military Commissions Act, National Security Agency, US Supreme Court, Philip Giraldi, Protect America Act

Timeline Tags: Civil Liberties

Ron Wyden.Ron Wyden. [Source: Public domain / US Congress]Senator Ron Wyden (D-OR) writes to the Justice Department’s acting head of the Office of Legal Counsel (OLC), Steven Bradbury, asking for clarification of the Bush administration’s stance on the Geneva Conventions as they apply to the interrogation of detainees. Wyden notes that President Bush has recently affirmed that the US would observe the conventions’ standards on humane treatment of all prisoners, and asks precisely how the OLC defines the concept of “humane treatment.” Wyden wants to know what circumstances definitions of that term might vary under, and asks the same questions of the term “cruel, inhuman, and degrading treatment.” The principal deputy assistant attorney general, Brian Benczkowski, will answer Wyden’s letter on September 27, 2007 (see September 27, 2007). [US Senate, 8/8/2007 pdf file]

Entity Tags: George W. Bush, Brian A. Benczkowski, Bush administration (43), Office of Legal Counsel (DOJ), Geneva Conventions, Steven Bradbury, Ron Wyden, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

Hambali, circa 2008.Hambali, circa 2008. [Source: US Defense Department]Fourteen “high value” detainees held by the US in Guantanamo Bay (see March 9-April 28, 2007) are ruled to be “enemy combatants.” The detainees include 9/11 mastermind Khalid Shaikh Mohammed, 9/11 coordinator Ramzi bin al-Shibh, Jemaah Islamiyah leader Hambali, and al-Qaeda leaders Khallad bin Attash and Abd al-Rahim al-Nashiri. However, a judge had previously ruled that designating a detainee an “enemy combatant” was meaningless and that a person designated an enemy combatant could not be tried under the Military Commissions Act (see June 4, 2007). The Washington Post comments, “It is unclear if these men can be tried at military commissions without a change in the law or a newly designed review.” [Washington Post, 8/10/2007]

Entity Tags: Mohamad Farik Amin, Khallad bin Attash, Mohammed Nazir Bin Lep, Mustafa Ahmed al-Hawsawi, Ramzi bin al-Shibh, Military Commissions Act, Khalid Shaikh Mohammed, Abd al-Rahim al-Nashiri, Abu Faraj al-Libbi, Majid Khan, Abu Zubaida, Ali Abdul Aziz Ali, Hambali, Ahmed Khalfan Ghailani, Gouled Hassan Dourad

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

AT&T attorney Michael Kellogg enters the courtroom.AT&T attorney Michael Kellogg enters the courtroom. [Source: Wired News]The Ninth Circuit Court of Appeals in San Francisco hears two related cases: one a government appeal to dismiss a case brought against AT&T for its involvement in the National Security Agency (NSA)‘s domestic wiretapping program (see July 20, 2006), and the other a challenge to the government’s authority to wiretap overseas phone calls brought on behalf of a now-defunct Islamic charity, Al Haramain (see February 28, 2006). The AT&T lawsuit is brought by the Electronic Frontier Foundation (see January 31, 2006). Among the onlookers is AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009), who has provided key documentation for the EFF lawsuit (see Early January 2006).
Government Lawyer: Court Should Grant 'Utmost Deference' to Bush Administration - Deputy Solicitor General Gregory Garre, arguing on behalf of the US government, tells Judge Harry Pregerson, one of the three judges presiding over the court, that allowing the EFF lawsuit against AT&T to go forward would result in “exceptionally grave harm to national security in the United States,” even though a previous judge has ruled otherwise (see July 20, 2006) and the government itself has admitted that none of the material to be used by EFF is classified as any sort of state secret (see June 23, 2006). Pregerson says that granting such a request would essentially make his court a “rubber stamp” for the government, to which Garre argues that Pregerson should grant the “utmost deference” to the Bush administration. Pregerson retorts: “What does utmost deference mean? Bow to it?” [Wired News, 8/15/2007] Klein will later accuse Garre of using “scare tactics” to attempt to intimidate the judges into finding in favor of AT&T and the government. [Klein, 2009, pp. 79]
Government Refuses to Swear that Domestic Surveillance Program Operates under Warrant - Garre says that the goverment’s domestic surveillance program operates entirely under judicial warrant; he says the government is not willing to sign a sworn affidavit to that effect. Reporter Kevin Poulsen, writing for Wired News, says that Garre’s admission of the government’s reluctance to swear that its domestic surveillance program operates with warrants troubles all three judges. AT&T attorney Michael Kellogg argues that AT&T customers have no proof that their communications are being given over to the government without warrants, and therefore the EFF lawsuit should be dismissed. “The government has said that whatever AT&T is doing with the government is a state secret,” Kellogg says. “As a consequence, no evidence can come in whether the individuals’ communications were ever accepted or whether we played any role in it.” EFF attorney Robert Fram argues that the Foreign Intelligence Surveillance Act (FISA) allows citizens to challenge electronic surveillance by permitting courts to hear government evidence in chambers. He is careful, Poulsen writes, to note that EFF does not want specific information on the NSA’s sources and methods, and says that EFF already has enough evidence to prove its assertion that AT&T compromised its customers’ privacy by colluding with the NSA’s domestic surveillance program.
Government Mocks Whistleblower's AT&T Documentation - Garre mocks Klein’s AT&T documents, saying that all they prove is that the NSA’s secret room in AT&T’s San Francisco facility (see Late 2002-Early 2003, January 2003, and October 2003) “has a leaky air conditioner and some loose cables in the room.” Fram counters that Klein’s documentation is specific and damning. It proves that the NSA housed a splitter cabinet in that secret room that “split” data signals, allowing the NSA to wiretap literally millions of domestic communications without the knowledge of AT&T customers (see February 2003, Fall 2003, Late 2003, and Late 2003). Fram says Klein’s documents, along with other non-classified documentation EFF has presented, proves “the privacy violation on the handover of the Internet traffic at the splitter into the secret room, which room has limited access to NSA-cleared employees. What is not part of our claim is what happens inside that room.” Klein’s documentation proves the collusion between AT&T and the NSA, Fram states, but Judge M. Margaret McKeown questions this conclusion. According to Poulsen, McKeown seems more willing to grant the government the argument that it must protect “state secrets” than Pregerson.
Government Argues for Dismissal of Al Haramain Case - As in the AT&T portion of the appeal hearing, the government, represented by Assistant US Attorney General Thomas Brody, argues for the Al Haramain lawsuit’s dismissal, saying, “The state secrets privilege requires dismissal of this case.” Even the determination as to whether Al Haramain was spied upon, he argues, “is itself a state secret.” The Top Secret government document that Al Haramain is using as the foundation of its case is too secret to be used in court, Brody argues, even though the government itself accidentally provided the charity with the document. Even the plaintiff’s memories of the document constitute “state secrets” and should be disallowed, Brody continues. “This document is totally non-redactable and non-segregable and cannot even be meaningfully described,” he says. A disconcerted Judge McKeown says, “I feel like I’m in Alice and Wonderland.” Brody concludes that it is possible the Al Haramain attorneys “think or believe or claim they were surveilled. It’s entirely possible that everything they think they know is entirely false.” [Wired News, 8/15/2007]
No Rulings Issued - The appeals court declines to rule on either case at this time. Klein will later write, “It was clear to everyone that this panel would, if they ever issued a ruling, deny the ‘state secrets’ claim and give the green light for the EFF lawsuit to go forward.” [Klein, 2009, pp. 79-81] Wired News’s Ryan Singel writes that the panel seems far more sympathetic to the EFF case than the Al Haramain case. The judges seem dismayed that the government fails to prove that no domestic surveillance program actually exists in the EFF matter. However, they seem far more willing to listen to the government’s case in the Al Haramain matter, even though McKeown says that the government’s argument has an “Alice in Wonderland” feel to it. Singel believes the government is likely to throw out the secret document Al Haramain uses as the foundation of its case. However, he writes, “all three judges seemed to believe that the government could confirm or deny a secret intelligence relationship with the nation’s largest telecom, without disclosing secrets to the world.… So seemingly, in the eyes of today’s panel of judges, in the collision between secret documents and the state secrets privilege, ‘totally secret’ documents are not allowed to play, but sort-of-secret documents—the AT&T documents—may be able to trump the power of kings to do as they will.” [Wired News, 8/15/2007] Wired News’s David Kravets notes that whichever way the court eventually rules, the losing side will continue the appeals process, probably all the way to the US Supreme Court. The biggest question, he says, is whether the NSA is still spying on millions of Americans. [Wired News, 8/15/2007]

Entity Tags: Foreign Intelligence Surveillance Act, US Supreme Court, Electronic Frontier Foundation, Bush administration (43), Al Haramain Islamic Foundation, AT&T, David Kravets, Ryan Singel, Thomas Brody, National Security Agency, Mark Klein, Kevin Poulsen, M. Margaret McKeown, Gregory Garre, Harry Pregerson, Robert Fram, Michael Kellogg

Timeline Tags: Civil Liberties

A redacted summary of a report by the CIA’s inspector general into some aspects of the agency’s pre-9/11 performance is released. The report’s main points are:
bullet No CIA employees violated the law or were guilty of misconduct in the run-up to 9/11;
bullet However, some officials did not perform their duties in a satisfactory manner. The report recommended accountability boards be convened to review their performance, but former CIA Director Porter Goss decided against this recommendation in 2005 (see October 10, 2005);
bullet There was no “silver bullet” that could have prevented 9/11, but if officers had performed satisfactorily, they would have had a better chance of stopping the attacks;
bullet The CIA had no comprehensive strategy to combat al-Qaeda before 9/11 (see After December 4, 1998 and Between Mid-December 2002 and June 2004);
bullet Management of counterterrorism funds was poor (see 1997-2001);
bullet Arguments between the CIA and NSA negatively impacted counterterrorism efforts (see December 1996, Late August 1998, and 2000);
bullet Alleged 9/11 mastermind Khalid Shaikh Mohammed was well-known to the CIA before 9/11, but his case was badly handled (see 1997 or After);
bullet There were numerous failures related to the CIA’s monitoring of al-Qaeda’s Malaysia summit (see Mid-January-March 2000, 9:30 a.m. - 4:00 p.m. January 5, 2000, Mid-July 2004, (After January 6, 2000), and March 5, 2000);
bullet The CIA also missed “several additional opportunities” to watchlist Pentagon hijackers Khalid Almihdhar and Nawaf Alhazmi (see January 8, 2000 and August 23, 2001). Such watchlisting could have led to them being denied entry, or being placed under surveillance in the US;
bullet The CIA was confused about whether it was authorized to assassinate Osama bin Laden or not (see Mid-August 1998, December 24, 1998, December 26, 1998 and After, February 1999, February 1999, and December 1999);
bullet There were various problems with assets and operations linked to foreign services. [Central Intelligence Agency, 6/2005 pdf file]
The media picks various angles in commenting on the report (see August 21, 2007), which is criticized by current CIA Director Michael Hayden (see August 21, 2007) and former Director George Tenet (see August 21, 2007).

Entity Tags: Central Intelligence Agency, Office of the Inspector General (CIA)

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bin Laden video in 2004, left, and bin Laden video in 2007, right.Bin Laden video in 2004, left, and bin Laden video in 2007, right. [Source: Al Jazeera (left) and Intelcenter (right)]A man thought to be Osama bin Laden releases a new video message, his first for three years (see October 29, 2004). In the message, which is addressed to the US, the speaker says that actions by radical Islamists have influenced US policy and that American prestige in the world has fallen, even though the interests of radical Islamists “overlap with the interests of the major corporations and also with those of the neoconservatives.” He also criticizes the US media and, due to its treatment of Sunni Muslims, the Iraqi government. The speaker says, “The holocaust of the Jews was carried out by your brethren in the middle of Europe, but had it been closer to our countries, most of the Jews would have been saved by taking refugee with us,” and also references common discrimination against Jews and Muslims in Medieval Spain, pointing out that Jews in Morocco “are alive with us and we have not incinerated them.” In addition, he criticizes the US-led wars in Iraq and Afghanistan, saying that the Democratic party was elected to stop the war, but continues “to agree to the spending of tens of billions to continue the killing and war there,” because “the democratic system permits major corporations to back candidates,” who are then, it is implied, controlled by these corporations. The voice mentions the assassination of former US President John Kennedy and says that “the major corporations who were benefiting” from the Vietnam War “were the primary beneficiary from his killing.” He also references left-leaning writer Noam Chomsky, former CIA bin Laden unit chief Michael Scheuer, global warming, and the Kyoto accord, saying that the democratic system has caused a “massive failure to protect humans and their interests from the greed and avarice of the major corporations and their representatives,” and is “harsher and fiercer than your systems in the Middle Ages.” Finally, the speaker compares US President Bush to former Soviet leader Leonid Brezhnev, who failed to acknowledge the Soviet Union was losing the Afghan War, and calls on the US to get out of Iraq and embrace Islam, which recognizes Mary and Jesus, a “prophet of Allah,” but does not recognize taxation. [MSNBC, 9/7/2007 pdf file; Osama bin Laden, 9/7/2007; Osama bin Laden, 9/7/2007; Osama bin Laden, 9/7/2007] Bin Laden’s beard is different to his beard in previous videos and this leads to some discussion. According to the Washington Post, “The tape’s most striking feature [is] bin Laden’s physical appearance: The straggly, gray-streaked whiskers of his previous images [have] been replaced with a neatly trimmed beard of black or dark brown. While some analysts speculated that the beard [is] fake, others said it [is] likely that bin Laden had dyed his beard, as is customary for older men in some Muslim cultures.” [Washington Post, 9/8/2007] There are some problems with the video; for example, the picture is frozen for most of the time and the video is spliced (see September 12, 2007).

Entity Tags: Osama bin Laden

Timeline Tags: Complete 911 Timeline

Former Pakistani Prime Minister Nawaz Sharif attempts to return to Pakistan, but his return is thwarted by the Pakistani authorities and he is deported to Saudi Arabia. Sharif, ousted by General Pervez Musharraf in 1999 (see October 12, 1999), had been in exile for seven years due to corruption charges. After landing in Pakistan, Sharif, the leader of the political party Pakistan Muslim League-N, is briefly taken into custody and then put on a flight to Jeddah, Saudi Arabia. The deportation is a major political event in Pakistan and is marked by clashes between police and Sharif’s supporters. [CNN, 9/10/2007] However, Pakistan’s ISI agency will later broker a deal with Saudi authorities regarding Sharif (see November 20-23, 2007), enabling him to return (see November 25, 2007).

Entity Tags: Pervez Musharraf, Pakistan Muslim League-N, Nawaz Sharif

Timeline Tags: Complete 911 Timeline

Waleed Alshehri in his video will.Waleed Alshehri in his video will. [Source: As Sahab]A new video is released featuring an audio statement by a man thought to be Osama bin Laden and a video will by one of the 9/11 hijackers, Waleed Alshehri. The man thought to be bin Laden urges sympathizers to join the “caravan of martyrs” and praises Alshehri, saying, “It is true that this young man was little in years, but the faith in his heart was big.” The audio message is accompanied by a still image of the man thought to be bin Laden, apparently taken from a video released a few days earlier (see September 7, 2007). It is unclear whether the audio message is new or was taped some time before release, although the speaker mentions the death of Abu Musab al-Zarqawi in 2006 (see June 8, 2006). In the will, Alshehri warns the US, “We shall come at you from your front and back, your right and left.” He also criticizes the state of the Islamic world, “The condition of Islam at the present time makes one cry… in view of the weakness, humiliation, scorn and enslavement it is suffering because it neglected the obligations of Allah and His orders, and permitted His forbidden things and abandoned jihad in Allah’s path.” Homeland security adviser Frances Townsend says that the video is not important and that bin Laden is “virtually impotent.” However, MSNBC will comment, “Bin Laden’s new appearances underline the failure to find the terror leader that President Bush vowed in the wake of the Sept. 11 attacks to take ‘dead or alive.’” [MSNBC, 9/11/2007]

Entity Tags: Frances Townsend, Osama bin Laden, Waleed Alshehri

Timeline Tags: Complete 911 Timeline

A man thought to be Osama bin Laden releases a new audio tape calling on the people of Pakistan to overthrow President Pervez Musharraf. The immediate reason is a Pakistani government attack on a mosque, which is compared to the destruction of a mosque in India by Hindu nationalists, “Pervez’s invasion of Lal Masjid [the Red Mosque] in the City of Islam, Islamabad (see July 3-11, 2007), is a sad event, like the crime of the Hindus in their invasion and destruction of the Babari Masjid.” The voice on the tape accuses Musharraf of providing “loyalty, submissiveness and aid to America,” and says, “armed rebellion against him and removing him [are] obligatory.” Musharraf is also criticized for showing images of a cleric attempting to escape the mosque in women’s clothing, for Pakistani military intelligence allegedly pressurizing clerics to issue fatwas favorable to the government, for his inaction over Kashmir, and for using the Pakistani army in tribal areas. [Counterterrorismblog(.org), 9/2007; BBC, 9/20/2007] Al-Qaeda second-in-command Ayman al-Zawahiri also apparently released an audio tape condemning the Red Mosque raid, but his tape took only days to appear (see July 11, 2007).

Entity Tags: Pervez Musharraf, Osama bin Laden

Timeline Tags: Complete 911 Timeline

Laurie Mylroie, a neoconservative author whose theories that Saddam Hussein was responsible for the 1993 World Trade Center bombing (see October 2000) and the 9/11 attacks (see September 12, 2001 and July 2003) have been repeatedly discredited (see February 2003, July 9, 2003, and December 2003), produces a report on Iraq for the Pentagon. Reporter Justin Elliott, learning about Mylroie’s position with the Defense Department in 2009, cites Mylroie as an example of “neoconservatives… falling upward,” or “repeatedly getting important things wrong and… being handed new opportunities to pursue their work.” Mylroie’s report, “Saddam’s Foreign Intelligence Service,” follows her February 2007 study entitled “Saddam’s Strategic Concepts: Dealing With UNSCOM.” Both were produced for the Pentagon’s Office of Net Assessment [ONA], which the Washington Post has described as an “obscure but highly influential” bureau within the department. In 2009, Jacob Heilbrunn, who has written a book about neoconservatives, will say: “It’s kind of astonishing that the ONA would come even within a mile of her. I think she is completely discredited.” The New America Foundation’s Steve Clemons will add: “I’m shocked. If this came out in 2007, she was presumably working on it in 2006, and, by that time, the fate and fortunes of a lot of these people was already switching.” Heilbrunn will explain why Mylroie’s opinions are so sought after within the Pentagon, even though she has been roundly discredited: “She was one of the original fermenters of the idea that Saddam Hussein had these intimate ties with al-Qaeda.” A Defense Department spokesperson will explain Mylroie’s selection as an ONA researcher by saying, “All aspects of researchers and research institutions are considered, with an emphasis on obtaining the widest range of possible intellectual approaches in order to provide a fully balanced approach to the analysis of future developments.” As for her work with ONA, the Defense Department says, “These reports were part of a multi-scope research effort to identify the widest possible range of analysts whose expertise was likely to generate insights and concepts which would contribute to Net Assessments’ ongoing work to develop and refine trends, risks, and opportunities which will shape future (2020) national security environments.” [TPM Muckraker, 1/29/2009]

Entity Tags: Justin Elliott, Jacob Heilbrunn, US Department of Defense, Steve Clemons, Office Of Net Assessment, Laurie Mylroie

Timeline Tags: Neoconservative Influence

The Justice Department’s Brian Benczkowski answers Senator Ron Wyden (D-OR)‘s request for clarification of the terms “humane treatment” and “cruel, inhuman, and degrading treatment” as it applies to suspected terrorists in US custody. Benczkowski writes that the government uses the Military Commissions Act (MCA) (see October 17, 2006) and a recent executive order, Order #13440 (authorizing the continued use of harsh interrogation methods—see July 20, 2007) to determine how the US will comply with the Geneva Conventions. Benczkowski writes that Order 13440 and the Army Field Manual, among other guidelines, ensure that any interrogations carried out by US personnel comply with Geneva.
Geneva Does Not Clearly Define 'Humane Treatment' - He goes on to note that the term “humane treatment” is not directly defined by Geneva, but “rather provides content by enumerating the specific prohibitions that would contravene that standard.” Common Article 3, the statute in the Conventions that specifically addresses the treatment of prisoners, expressly prohibits “violence” including “murder of all kinds, mutilation, cruel treatment and torture.” It also prohibits “outrages upon personal dignity,” including “humiliating and degrading treatment.” Benczkowski writes that there is no accepted international standard as to what is defined as “humane treatment” and what is not, outside of the basic provisions of food, water, clothing, shelter, and protection from extremes of temperature. Given this standard, he writes, the Bush administration does ensure that “all detainees within the CIA program shall be treated humanely.”
Defined by Circumstances - He goes on to note that Geneva seems to grant some leeway for interpretation as to what complies with its standards, particularly in the area of “outrages upon personal dignity.” Citing a previous international tribunal, he writes, “To rise to the level of an outrage, the conduct must be ‘animated by contempt for the human dignity of another person’ and it must be so deplorable that the reasonable observer would recognize it as something that must be universally condemned.” None of the methods used by US interrogators contravenes any of these standards as the Justice Department interprets them, Benczkowski concludes. As for the question of “cruel, inhuman and degrading treatment,” or as he abbreviates it, “CIDT,” Benczkowski writes that such treatment is prohibited by the Fifth, Eighth, and Fourteenth Amendments to the US Constitution. However, circumstances determine what is and is not CIDT, he writes; even “in evaluating whether a homicide violates Common Article 3, it would be necessary to consider the circumstances surrounding the act.” The CIA interrogation program fully complies with Common Article 3, various statutes and Supreme Court decisions, and the Bill of Rights, Benczkowski asserts. [US Department of Justice, 9/27/2007 pdf file]

Entity Tags: US Department of Justice, Brian A. Benczkowski, Bush administration (43), Central Intelligence Agency, Geneva Conventions, Ron Wyden, Military Commissions Act

Timeline Tags: Torture of US Captives, Civil Liberties

Air Force Colonel Morris Davis resigns his position as the lead counsel for the military commissions trials at Guantanamo after complaining that his authority in prosecutions is being usurped for political purposes (see October 19, 2007). In particular, Davis complains about interference by Air Force Brigadier General Thomas Hartmann, a legal adviser at Guantanamo (see July 2007), and Defense Department General Counsel William J. Haynes (see October 4, 2007). [Washington Post, 10/20/2007] Davis planned on prosecuting as many as 80 of the Guantanamo detainees. There have been no trials so far, because the Supreme Court ruled the trials unconstitutional until they were reauthorized by the Military Commissions Act (see October 17, 2006). Davis has made headlines with outspoken support of the trials and his colorful characterizations of Guantanamo detainees. In March 2006, he compared detainees who challenged the trial system to vampires afraid of the harsh sunlight of US justice: “Remember if you dragged Dracula out into the sunlight, he melted? Well, that’s kind of the way it is trying to drag a detainee into the courtroom,” he told reporters. “But their day is coming.” [Miami Herald, 10/6/2007]

Entity Tags: Morris Davis, Military Commissions Act, Thomas Hartmann, US Supreme Court

Timeline Tags: Torture of US Captives, Civil Liberties

The Robert A. Taft Club, a “nativist” organization whose leader has numerous ties to racist groups, hosts Representative Ron Paul (R-TX) as its keynote speaker during an event at an Arlington, Virginia, restaurant, the Boulevard Woodgrill. According to a report by TransWorld News, Paul, a Republican presidential candidate, addresses the US’s “nation building” policies. Paul, TransWorld reports, “has been adamant about the United States dropping its interventionist approach to nation building and returning to an America First policy.” The Taft Club is led by Marcus Epstein, who is also the executive director of The American Cause, a white nationalist group headed by MSNBC commentator Pat Buchanan. He also serves as executive director of Team America PAC, a political action committee run by Buchanan’s sister Bay Buchanan and founded by former Representative Tom Tancredo (R-CO), an outspoken opponent of immigration. Epstein writes for the openly racist, white supremacist Web site VDare.com, and is an outspoken advocate for white supremacist organizations. He is closely connected to the American Renaissance group, which the Southern Poverty Law Center (SPLC) labels an “academic racist” organization and whose journal has claimed that blacks are genetically predisposed to be psychopaths. Epstein has invited racists to speak to his group, including American Renaissance leader Jared Taylor (see January 23, 2005), Taylor’s colleague Paul Gottfried, and Robert Stacy McCain, an opponent of interracial marriage who is an editor for the Washington Times. Epstein has also invited members of a Belgian anti-immigrant group called Vlaams Belang to address the Taft Club. The SPLC writes, “It is unclear if Paul, who will be speaking about American foreign policy, is aware of Epstein’s racist ties.” Paul himself has denied ever espousing racism of any stripe (see 1978-1996). [Southern Poverty Law Center, 10/8/2007; TransWorld News, 10/11/2007; The Daily Paul, 10/13/2007; Southern Poverty Law Center, 6/3/2009] Epstein will later be convicted of assaulting an African-American woman (see May 2009).

Entity Tags: Robert A. Taft Club, Paul Gottfried, Marcus Epstein, Bay Buchanan, American Renaissance, Vlaams Belang, VDare (.com ), The American Cause, Tom Tancredo, Samuel Jared Taylor, Ron Paul, Robert Stacy McCain, Team America PAC, Patrick Buchanan, TransWorld News, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

CIA Director Michael Hayden orders an unusual internal investigation of the agency’s Office of the Inspector General (OIG), the press will later learn. The OIG, led by Inspector General John Helgerson, has conducted aggressive investigations of the CIA’s detention and interrogation programs (see May 7, 2004). Current and former government officials say that Hayden’s probe has created anxiety and anger in the OIG, and has sparked questions in Congress of possible conflicts of interest. The review is focusing on complaints that the OIG has not been, as the New York Times reports, a “fair and impartial judge of agency operations,” but instead has “begun a crusade against those who have participated in controversial detention programs.” Some current and former officials say that such a probe threatens to undermine the independence of the office. Former CIA Inspector General Frederick Hitz, who served from 1990 through 1998, says any move by Hayden to conduct a probe into the OIG would “not be proper.” Hitz calls it “a terrible idea,” and adds: “Under the statute, the inspector general has the right to investigate the director. How can you do that and have the director turn around and investigate the IG?” A CIA spokesman says Hayden’s only motive is “to help this office, like any office at the agency, do its vital work even better.” The investigation is being overseen by Robert Deitz, a trusted aide to Hayden who served with him when he ran the National Security Agency. Another member of the investigating group is Associate Deputy Director Michael Morrell. Under the law, the proper procedure for Hayden would be to file complaints with the Integrity Committee of the President’s Council on Integrity and Efficiency, which oversees all the inspectors general, or to go directly to the White House. For an internal inquiry to be launched against an agency’s OIG by the agency head violates the independence and the position of the OIG. Critics say that the timing of Hayden’s investigation is more than coincidental, as Helgerson’s office is readying a number of reports on CIA detention, interrogation, and rendition practices. [New York Times, 10/11/2007]

Entity Tags: John Helgerson, Central Intelligence Agency, Bush administration (43), Frederick Hitz, President’s Council on Integrity and Efficiency, Robert Deitz, Michael Morrell, Michael Hayden, Office of the Inspector General (CIA), New York Times

Timeline Tags: Torture of US Captives

Jamal al-Badawi in a Yemeni prison in 2005.Jamal al-Badawi in a Yemeni prison in 2005. [Source: Associated Press / Muhammed Al Qadhi]Al-Qaeda operative Jamal al-Badawi, considered one of the main planners of the USS Cole bombing (see October 12, 2000), turns himself in to Yemeni authorities on October 17, 2007. He had escaped a Yemeni prison the year before and had been sentenced to death in Yemen for his role in the bombing (see February 3, 2006). But on October 26, Yemeni authorities release him again in return for a pledge not to engage in any violent or al-Qaeda-related activity. Yemen often lets militants go free if they pledge not to attack within Yemen (see 2002 and After). The US has issued a $5 million reward for al-Badawi’s capture, but the Yemeni government refuses to extradite him. US officials are furious about the release, which is particularly galling because it comes just two days after President Bush’s top counterterrorism adviser Frances Townsend visits Yemen and praises the Yemeni government for their cooperation in fighting terrorism. The US had also just announced $20 million in new aid for Yemen, but threatens to cancel the aid due to al-Badawi’s release. Al-Badawi is put back in prison on October 29 and the aid program goes forward. However, US officials are dubious about al-Badawis’ real status. One official who visits him in prison gets the impression he was put in a prison cell just in time for the visit. [Newsweek, 10/27/2007; Newsweek, 10/31/2007; New York Times, 1/28/2008] In December 2007, a Yemeni newspaper reports that al-Badawi has again been seen roaming free in public. One source close to the Cole investigation will tell the Washington Post in 2008 that there is evidence that al-Badawi is still allowed to come and go from his prison cell. US officials have demanded to be able to conduct random inspections to make sure he stays in his cell, but apparently the Yemeni government has refused the demand. [Washington Post, 5/4/2008]

Entity Tags: Jamal al-Badawi, Frances Townsend

Timeline Tags: Complete 911 Timeline

Attorney general nominee Michael Mukasey uses an anecdote about a cell phone battery to argue that the current legal system is poorly equipped to fight Islamic terrorism. The anecdote is told during his confirmation hearings, but he previously used it in an op-ed for the Wall Street Journal in August. Mukasey says that during Ramzi Yousef’s trial for the 1993 World Trade Center bombing: “[S]omebody testified to somebody having delivered a cell phone battery to someone else. That piece of testimony disclosed to al-Qaeda that a line of communication of theirs had been compromised and, in fact, was one of communication that our government was monitoring and from which it had gotten enormously valuable intelligence. That line of communication shut down within days of that testimony and I don’t know what we lost. Nobody knows what we lost. But we probably lost something enormously valuable.” Mukasey does not say which of Yousef’s two trials the testimony was at. [Wall Street Journal, 8/22/2007; CQ Transcripts Wire, 10/18/2007] This incident is not known and is not confirmed by other sources. It is unclear who the two militants were, and why the militant who received the cell phone battery would be unable to purchase it himself. Osama bin Laden is said to have received a doctored battery for his satellite (not cell) phone in Afghanistan, and this is said to have helped the US track him (see May 28, 1998). However, this apparently happened after Yousef was sentenced in the last of the two cases to come to trial, so it is unclear how this could have been mentioned at the trial (see January 8, 1998). A rumor later circulated that bin Laden had stopped using the satellite phone with the allegedly doctored battery based on a leak of intelligence to the press, but that appears to be an urban myth (see Late August 1998).

Entity Tags: Michael Mukasey

Timeline Tags: Complete 911 Timeline

Benazir Bhutto’s motorcade bombed in Karachi.Benazir Bhutto’s motorcade bombed in Karachi. [Source: BBC]Former Pakistani Prime Minister Benazir Bhutto returns to Pakistan after eight years in exile. Earlier in the month she had made a deal with President Pervez Musharraf that gave her amnesty in return for not opposing Musharraf’s reelection vote (see October 4, 2007). Bhutto, Pakistan’s most popular opposition politician, is greeted by large, enthusiastic crowds as she arrives in the city of Karachi. But as her motorcade is moving through the crowd at night, a suicide bomber approaches on foot and throws a grenade to attract attention. Then the bomber sets off a larger blast that kills at least 139 and injures around 400. Bhutto is not hurt, as she had just moved inside her vehicle from the roof moments before. CNN reporter Dan Rivers, filming the motorcade just before the attack, later comments on the lack of security. He says it was possible to walk right up to the side of her vehicle without being stopped. [CNN, 10/19/2007]
Bhutto Assigns Blame - The next day, Bhutto says, “I am not accusing the government [as a whole], but I am accusing certain individuals who abuse their positions, who abuse their powers.… I know exactly who wants to kill me. It is dignitaries of the former regime of General [Muhammad Zia ul-Haq] who are today behind the extremism and the fanaticism.” She has long accused the ISI of opposing her. Aides close to her say that she specifically names Ijaz Shah, a former ISI official linked to Saeed Sheikh (see February 5, 2002) and the director general of the Intelligence Bureau, another Pakistani intelligence agency. She also says that an unnamed “brotherly country” had warned her that several suicide squads were plotting attacks against her, including squads from the Taliban and al-Qaeda. She says this government gave the Pakistani government the phone numbers the plotters were using, but implies investigators did not take advantage of the lead. She further says the street lamps had been turned off along the motorcade route, making it difficult for her security detail to scan the crowd for possible bombers, and demands an investigation into this. [New York Times, 10/20/2007]
Others Assign Blame - Her husband Asif Ali Zardari is more direct, saying, “I blame the government for these blasts. It is the work of the intelligence agencies.” The government by contrast complains that the security situation was extremely difficult. She was taking a big risk, moving though crowds of hundreds of thousands in a notoriously violent city of 16 million people. [Australian, 10/20/2007] The US by contrast, quickly blames al-Qaeda. Only one day after the bombing, US State Department officials say they believe there is a “strong al-Qaeda connection” and that it “bears the hallmarks” of an al-Qaeda attack. [CNN, 10/20/2007]

Entity Tags: Ijaz Shah, Al-Qaeda, Benazir Bhutto, Asif Ali Zardari, Taliban, Pakistan Directorate for Inter-Services Intelligence, US Department of State

Timeline Tags: Complete 911 Timeline

A new audio tape is released by a man thought to be Osama bin Laden. The voice on the tape tells the various groups in Iraq fighting the US to unify, but contains no dated references, so it is unclear when it was made. The voice says, “Beware of your enemies, especially those who infiltrate your ranks,” and, “You have done well to perform your duty, but some of you have been late to another duty, which is to unify your ranks and make them into one line.” [CNN, 10/22/2007]

Entity Tags: Osama bin Laden

Timeline Tags: Complete 911 Timeline

A federal appeals court hears the case of alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri, who was the victor in a recent court decision that ruled he could no longer be held in military detention with no access to the US court system (see June 11, 2007). Al-Marri’s lawyer, Jonathan Hafetz, asks the Fourth US Court of Appeals to uphold the recent verdict, which was rendered by a three-judge panel from the same court. Now the entire court is reconsidering the case at the government’s request. Hafetz says the court must uphold the decision. “To rule otherwise is to sanction a power the president has never had and was never meant to have.”
Authorization for the Use of Military Force - Judge Paul Neimeyer, a George H. W. Bush appointee, challenges Hafetz’s assertion that al-Marri cannot be held in military custody because he was not captured on a battlefield; to make such a claim would mean “25 or 30 terrorists could sneak into the US” and the military could not stop them. Justice Department lawyer Gregory Garre makes the same argument that the appeals court panel rejected—that Congress gave the president the authority to seize and detain anyone affiliated with al-Qaeda, regardless of where they were captured, when it passed its Authorization for the Use of Military Force (AUMF) after the 9/11 attacks (see September 14-18, 2001). Judge J. Harvie Wilkinson, appointed to the bench by former president Ronald Reagan, says that Congress could appeal or revise the AUMF whenever it likes. [Associated Press, 10/31/2007] Wilkinson acknowledges that many have concerns that the AUMF “may have authorized some sweeping detention problem… [, b]ut people are not being swept off the streets of Omaha.” Judge Diana Gribbon Motz interjects, “No, it was Peoria.”
Question of Constitutionality - Wilkinson wonders why the “carefully targeted response by the government” has created “all this hoopla?” Comparing the detention of al-Marri and another enemy combatants, Jose Padilla, to the round-ups of German-Americans during World War I and of Japanese-Americans during World War II, Wilkinson asks if “we’ve lost our sense of perspective.” Judge Roger Gregory says: “The calculus for determining constitutionality is not whether we have a good king or a bad king. It’s not whether he stays his hand in generosity.” Motz and Gregory were the majority judges in the June decision. When Garre argues that al-Marri had ample opportunity to challenge his detention, and “squandered” those opportunities, Judge William Traxler asks, “How does a person who’s held incommunicado challenge” his detention? [Baltimore Daily Record, 11/1/2007]

Entity Tags: US Department of Justice, Roger Gregory, William Traxler, Ronald Reagan, Paul Neimeyer, Jonathan Hafetz, Ali Saleh Kahlah al-Marri, Al-Qaeda, Jose Padilla, Diana Gribbon Motz, Gregory Garre, J. Harvie Wilkinson, George Herbert Walker Bush

Timeline Tags: Torture of US Captives, Civil Liberties

The house of Bruce Ivins.The house of Bruce Ivins. [Source: Rob Carr / Associated Press]The FBI suspects that Bruce Ivins, a scientist working at USAMRIID, the US Army’s top biological laboratory, was behind the 2001 anthrax attacks (see October 5-November 21, 2001). His home is searched by the FBI, but no report of this makes the newspapers. On the same day, USAMRIID cuts off his access to the laboratories where biological agents and toxins are used and stored. However, he continues to work at USAMRIID without such access until July 2008, when he will be completely banned from the lab (see July 10, 2008). [Herald-Mail, 8/8/2008] According to McClatchy Newspapers, his lab access is apparently reinstated some time after this date. [McClatchy Newspapers, 8/7/2008]

Entity Tags: Federal Bureau of Investigation, Bruce Ivins, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

Former Pakistani Prime Minister Benazir Bhutto gives an interview to David Frost of Al Jazeera in which she makes a number of noteworthy statements:
bullet She says that Saeed Sheikh is “the man who murdered Osama bin Laden.” Saeed helped kidnap Wall Street Journal reporter Daniel Pearl, who was later murdered (see January 23, 2002), is said to have provided money for the 9/11 hijackings (see Early August 2001), and is thought to have been in prison in Pakistan since 2002 (see February 12, 2002). Although bin Laden is thought to be alive at this time (see October 22, 2007), Frost does not ask a follow-up question about bin Laden’s alleged demise. [Al Jazeera, 11/2/2007] When a video of the interview is posted at the BBC’s website, this section is initially edited out, as the editor thinks Bhutto must simply have misspoken. However, the BBC accepts this was an error and later posts a full version of the interview. [BBC, 4/1/2008] This is the only known occasion that Bhutto makes this claim.
bullet Based on information from a “friendly country,” she names four people and/or organizations that might attack her: al-Qaeda linked warlord Baitullah Mahsud; Hamza bin Laden, son of Osama; the “Pakistan Taliban in Islamabad”; and an unnamed group in Karachi.
bullet While she thinks that such groups may be used for an attack on her, they are not pulling the strings, she says. She suggests three people may be behind an attack by one of the groups. The reason these three are said to want her dead is because she could stop the rise of terrorism in Pakistan. One of the three is former ISI officer Ijaz Shah, a “very key figure in security,” who she thinks has turned a blind eye or even colluded with militants, and who is an associate of Saeed Sheikh (see February 5, 2002). [Al Jazeera, 11/2/2007] Shah, a government official, will actually be in charge of protecting Bhutto from assassination when she is assassinated. The names of the other two said to be “pulling the strings” are not certain, but they are a prominent Pakistani figure, one of whose family members was allegedly murdered by a militant group run by Bhutto’s brother, and a well-known chief minister in Pakistan who is a longstanding opponent of Bhutto. [Daily Mail, 12/30/2007]

Entity Tags: Saeed Sheikh, David Frost, Benazir Bhutto, Baitullah Mahsud, Hamza bin Laden, Osama bin Laden

Timeline Tags: Complete 911 Timeline

The CIA “erroneously” misled the court and the lawyers involved in the ongoing prosecution of 9/11 suspect Zacarias Moussaoui (see April 22, 2005), it admits in a letter released today. In court declarations on May 9, 2003 and on November 14, 2005, the CIA stated it had no recordings of interrogations of “enemy combatants.” Now it admits it had two video tapes and one audio tape. Moussaoui’s lawyers want the tapes as part of his defense. The federal prosecutors say they just recently learned of the tapes, but they have been assured by the CIA that the tapes have no bearing on Moussaoui’s case, and no one on the tapes mentions either Moussaoui or the 9/11 plot. The prosecutors assert that, while the CIA errors are “unfortunate,” no harm was done to Moussaoui, who pled guilty and is serving a life sentence for his complicity in the attacks (see May 3, 2006). The letter, which has been heavily censored for public consumption, reads in part, “We bring the errors to the court’s attention… as part of our obligation of candor to the court.… The government will promptly apprise the court of any further developments.” [Reuters, 11/13/2007]

Entity Tags: Central Intelligence Agency, Zacarias Moussaoui

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

A federal appellate court bars an Islamic charity accused of assisting terrorists from using a US government document to prove that it had been illegally spied upon (see February 28, 2006). The charity, the now-defunct Al Haramain Islamic Foundation (see Late May, 2004), has been accused by the government and the UN Security Council of being affiliated with al-Qaeda; the charity’s officials deny the charges. In its finding, the three-judge panel rules in favor of the government’s argument that protecting “state secrets” (see March 9, 1953) is of overriding importance in the case. Other courts have ruled that the Bush administration can refuse to disclose information if “there is a reasonable danger” it would affect national security. Al Haramain’s lawyers argued that the document is necessary to prove that it was illegally monitored. According to the ruling, the judges accept “the need to defer to the executive on matters of foreign and national security and surely cannot legitimately find ourselves second-guessing the executive in this arena.”
Reaction Divided - Opinion is divided on the ruling. Constitutional law professor Erwin Chemerinsky of Duke University says the court’s deference to the “executive branch in situations like this [is] very troubling.” Another constitutional law professor, Douglas Kmiec of Pepperdine, says “the opinion is consistent with” an earlier ruling that struck down a challenge to the government’s surveillance program filed by the American Civil Liberties Union; Kmiec says the rulings indicate that “federal courts recognize that the essential aspects of the Terrorist Surveillance Program both remain secret and are important to preserve as such.”
Mixed Results - The appellate court does not give the government everything it asked for. It rejects the Justice Department’s argument that “the very subject matter of the litigation is a state secret.” That finding may prove important in the other surveillance cases where the government is arguing that even to consider legal challenges to warrantless wiretapping endangers national security. The appeals court sends the case back to a lower court to consider whether or not the Foreign Intelligence Surveillance Act, which requires approval by a special court for domestic surveillance, preempts the state secrets privilege. The court also severs the Al Haramain case from other, similar lawsuits challenging the government’s secret surveillance program. [Los Angeles Times, 11/17/2007]

Entity Tags: United Nations Security Council, US Department of Justice, Erwin Chemerinsky, Foreign Intelligence Surveillance Act, Al-Qaeda, Al Haramain Islamic Foundation (Oregon branch), Douglas Kmiec, Bush administration (43), Terrorist Surveillance Program

Timeline Tags: Civil Liberties

A man thought to be Osama bin Laden releases a new audio message aimed at European listeners. [Reuters, 11/29/2007] As-Sahab, al-Qaeda’s media arm, gave advance notice of the tape’s release on the Internet. [Associated Press, 11/26/2007] The voice on the tape urges Europeans to end troop commitments to Afghanistan, as American power is on the wane, “With the grace of God… the American tide is receding and they would eventually return to their home across the Atlantic… It is in your interest to force the hand of your politicians [away from] the White House.” The man also says that the Taliban had no knowledge of 9/11: “I am the one responsible… The Afghan people and government knew nothing whatsoever about these events.” In saying this, he claims that the US-led invasion of Afghanistan was wrong. Bin Laden names Nicolas Sazkozy and Gordon Brown as leaders of France and Britain, indicating that the tape was made at some time after June 2007. [Reuters, 11/29/2007]

Entity Tags: Osama bin Laden, Al-Qaeda, As-Sahab

Timeline Tags: Complete 911 Timeline

In December 2007, scientist Bruce Ivins is privately told by the FBI that he could be a suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). This is according to Ivins’s attorney Paul Kemp, who also says that he and Ivins have a meeting with the FBI that same month in response. Ivins’s house had been searched by the FBI the month before, which presumably made the FBI’s interest in Ivins obvious (see November 1, 2007). Kemp will later claim that he and Ivins will meet with the FBI about four or five times between this time and Ivins’s death in July 2008 (see July 29, 2008). Additionally, Kemp will claim that Ivins had been interviewed by the FBI about 20 to 25 times before he was told he could be a suspect, yet Ivins regularly had his security clearances renewed. [Time, 8/5/2008]

Entity Tags: Paul Kemp, Bruce Ivins, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

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