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A B-29 bomber similar to the one that crashed in Georgia.A B-29 bomber similar to the one that crashed in Georgia. [Source: Global Security (.org)]A test flight for the Air Force’s Project Banshee, located at Robins Air Force Base in Georgia, is set for 8:30 a.m. Banshee is an attempt begun in 1946 to develop and deploy a long-range missile ahead of both the Soviet Union and rival US military branches. The airplane used in the test flight crashes less than an hour into its flight, killing 9 of the 13 aboard.
Maintenance Problems - The plane assigned for the flight is a B-29 Stratofortress, a bomber made famous by its delivery of the atomic bombs to Hiroshima and Nagasaki at the end of World War II. B-29s are notoriously difficult to fly and maintain: their four wing-mounted engines almost routinely overheat and catch fire, causing engine shutdowns, sudden drops in altitude, and, often, crashes. The engines’ eighteen cylinders lack sufficient airflow to keep them cool, and the overheating often causes the crankcases, made of light but highly flammable magnesium, to burst into flames. Like so many of its brethren, the plane has suffered its share of maintenance issues, and is flying without numerous recommended maintenance and repair tasks being performed. Just five days before, it had been designated “red cross”—grounded and unfit for service. It was allowed to fly through an “exceptional release” signed by the squadron commander.
Crew Difficulties - The flight is moved back to the afternoon after some crew members fail to show up on time, and to allow last-minute repairs to be made. By takeoff, the flight crew is assembled: Captain Ralph Erwin; co-pilot Herbert W. Moore; flight engineer Earl Murrhee; First Lieutenant Lawrence Pence, Jr, the navigator; Sergeant Walter Peny, the left scanner; Sergeant Jack York, the right scanner; Sergeant Melvin Walker, the radio operator; and Sergeant Derwood Irvin, manning the bombsight and autopilot. The crew is joined by civilian engineers assigned to Banshee: Al Palya and Robert Reynolds from RCA, William Brauner and Eugene Mechler from the Franklin Institute, and Richard Cox from the Air Force’s Air Materiel Command. In violation of standard procedure, none of the crew or the civilians are briefed on emergency procedures, though Murrhee will later say that the crew were all familiar with the procedures; he is not so sure about the civilians, though he knows Palya and Reynolds have flown numerous test flights before. In another violation of Air Force regulations, none of the flight crew have worked together before. As author Barry Siegel will note in 2008, “The pilot, copilot, and engineer had never shared the same cockpit before.”
Engine Fire and Crash - Less than an hour into the flight, one engine catches fire and two others lose power, due to a combination of maintenance failures and pilot errors. The civilians have some difficulty getting into their parachutes as Erwin and Moore attempt to regain control of the aircraft. Four of the crew and civilians manage to parachute from the plane, but most remain on board as the airplane spirals into the ground on the edge of the Okefenokee Swamp, near Waycross, Georgia. Crew members Moore, Murrhee, and Peny survive, as does a single civilian, Mechler. Four others either jump at too low an altitude or die when their chutes foul the airplane; the other five never manage to leave the plane and die on impact.
Widows File Suit - Several of the civilians’ widows will file suit against the US Air Force, asserting that their husbands died because of Air Force negligence (see June 21, 1949). Their lawsuit will eventually become US v. Reynolds, a landmark Supreme Court case and the underpinning for the government’s claims of state secrets privilege (see March 9, 1953). [Siegel, 2008, pp. 3, 14-17, 33-49]

Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York

Timeline Tags: Civil Liberties

Initial Associated Press reports of a crash in Georgia of a B-29 that had been on a test flight for the Air Force’s secret Project Banshee (see October 6, 1948) acknowledge that “the plane had been on a mission testing secret electronic equipment which RCA developed and built under an Air Force contract… Full details of the plane’s mission were not disclosed.… The Air Force would say only that the bomber was engaged in ‘electronic research on different types of radar…’” Local papers have a bit more detail, with survivor accounts hinting at confusion and some contradictions between their versions of events and that being given out by official Air Force spokesmen. Later reports from the Air Force will downplay the B-29’s involvement in Project Banshee. [Siegel, 2008, pp. 56-58]

Entity Tags: Associated Press, US Department of the Air Force, Radio Corporation of America, Project Banshee

Timeline Tags: Civil Liberties

The Army Air Force’s Air Materiel Command receives the initial report on an investigation of a B-29 crash in Georgia (see October 6, 1948). Perceptions of the crash are colored by the fact that the bomber was carrying equipment from Project Banshee, a secret Air Force missile development initiative. The initial report is meticulously factual, providing an almost minute-by-minute account of the events preceding the crash as told by the four survivors and intensive examination of the debris. The report concludes that it would benefit future B-29 pilots to have more training on flying the plane when it has lost both engines on one wing, and a general recommendation that the pilot and crew should give civilian passengers better instruction in emergency procedures. Though the report is circumspect in the extreme in finding fault with the pilot and military personnel for the crash, and gives only vague and generalized recommendations to help prevent future crashes, the Air Force will heatedly deny that the pilots or crew could have been in any way responsible for the crash. In 2008, reporter Barry Siegel will write, “Years later, this particular claim, in fact Air Materiel Command’s entire position, would cause various veteran aviators to hoot.” Pilot error causing the crash is obvious, they will conclude. [Siegel, 2008, pp. 62-65]

Entity Tags: US Department of the Air Force, Barry Siegel, Air Materiel Command, Project Banshee

Timeline Tags: Civil Liberties

Frank Folsom, the executive vice president of the Radio Corporation of America’s RCA Victor Division, writes a letter to General Hoyt Vandenberg, the commander of the US Air Force. Folsom is inquiring about the deaths of two RCA employees in a recent B-29 crash in Georgia (see October 6, 1948). The plane had been on a secret test mission for the Air Force’s Project Banshee, a missile development project in which RCA is heavily involved. Folsom believes that the Air Force is downplaying the likelihood that pilot error caused the crash (see October 18, 1948), and tells Vandenberg that “certain steps will [need to be taken] if we are to participate in the future in Air Force flight test programs.” Folsom wants more pay and compensation for RCA employees participating in Air Force test programs, as well as newer and safer airplanes to be used in the test flights and a higher caliber of test pilots and crew members. Perhaps the portion of the letter that causes the most consternation among Air Force officials is Folsom’s request to read over the official accident reports. “When a crash has occurred, a copy of the official report… must be made available promptly to us,” he writes. “Needless to say, the report will not be disclosed except to those who are directly concerned.” Folsom’s letter will spark a new round of Air Force investigations into the crash, in hopes of mollifying Folsom. However, the report from this investigation will be classified at the highest level of security and not provided to RCA. Additionally, though the second investigation will find a strong likelihood of pilot error causing the crash, the Air Force will not admit any such findings to RCA. [Siegel, 2008, pp. 65-80] These accident reports will play a key role in the lawsuit filed against the US government by three widows of killed crew members (see June 21, 1949 and August 7-8, 1950).

Entity Tags: Hoyt Vandenberg, Frank Folsom, Project Banshee, Radio Corporation of America, US Department of the Air Force

Timeline Tags: Civil Liberties

Phyllis Brauner and Elizabeth Palya, who both lost their husbands in the “Project Banshee” B-29 crash (see October 6, 1948), file a civil action lawsuit against the US government in regards to the crash. The lawsuit claims that the US Air Force, in the person of the pilot and military crew members of the B-29, caused the deaths of their civilian husbands by “the negligence and wrongful acts and omissions of the officers and employees” of the US. The widows’ lawyer, Charles Biddle, asks the government for $300,000 per family. A third widow, Patricia Reynolds, will join the lawsuit in September 1949. One of the biggest issues surrounding the case is the lawsuit’s request that Biddle and his lawyers be given access to the official accident reports, which the government will claim cannot be revealed because they may contain classified information (see October 18, 1948 and August 7-8, 1950). Biddle’s promise that no one else will see the reports makes no impression on the government’s lawyers. [Siegel, 2008, pp. 100-101]

Entity Tags: Elizabeth Palya, Charles Biddle, Patricia Reynolds, Phyllis Brauner, US Department of the Air Force, Project Banshee

Timeline Tags: Civil Liberties

A federal judge orders the Air Force to turn over copies of its classified accident reports about a B-29 crash (see October 6, 1948) as part of a lawsuit filed by three of the widows of crew members killed in the crash (see June 21, 1949). Claiming that the reports may contain classified information about a secret missile development project, Project Banshee, the Air Force not only refuses to turn over the accident reports to the widows’ lawyer, it refuses to allow even the attorney general to view the documents (see August 7-8, 1950). The lawyer for the widows, Charles Biddle, will continue to press for the release of the accident reports. [Siegel, 2008, pp. 120-123]

Entity Tags: Charles Biddle, Project Banshee, US Department of the Air Force

Timeline Tags: Civil Liberties

The Air Force refuses to meet the court-imposed deadline to turn over accident reports of a 1948 B-29 crash in Georgia (see October 6, 1948) to the plaintiffs in a lawsuit against the government (see July 26, 1950). Instead, the Justice Department argues before the court that because the accident reports might contain “state secrets” that might imperil “national security” if made available to anyone outside the Air Force, the reports cannot be made available. “[T]he aircraft in question, together with the personnel on board, were engaged in a highly secret mission of the Air Force,” the government lawyers argue. “The airplane likewise carried confidential equipment on board and any disclosure of its mission or information concerning its operation or performance would be prejudicial to this department and would not be in the public interest.” Such a claim—that the production of the reports would “seriously hamper national security”—renders the reports “beyond judicial authority,” the Justice Department lawyers claim. [Siegel, 2008, pp. 124-126]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Weeks after the Justice Department refused to make accident reports of a 1948 B-29 crash (see October 6, 1948) available to the plaintiffs in an ongoing wrongful death lawsuit against the government (see July 26, 1950) because the reports are so highly classified that their disclosure might “seriously hamper national security” (see July 26, 1950 and August 7-8, 1950), the Air Force, in a routine review, drastically lowers the classification of the accident reports from top-level “Secret” to third-level “Restricted.” Whereas “Secret” documents supposedly contain information that “might endanger national security” if revealed, “Restricted” documents are “for official use only” and should not be disclosed “for reasons of administrative privacy.” The Air Force apparently no longer considers the documents a threat to national security. However, neither the plaintiffs’ lawyers, the judge hearing the lawsuit, or even the Justice Department lawyers are aware of the reports’ reduction in status. They continue to argue the merits of releasing the reports as if they are still highly classified. [Siegel, 2008, pp. 133]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules that the US government must turn over the disputed, and supposedly highly classified (see September 14, 1950), accident reports from a 1948 B-29 crash (see October 6, 1948)—not to the plaintiffs in the lawsuit over the crash (see July 26, 1950), but to Kirkpatrick himself. He wishes to review the reports to determine if they contain any information that might threaten national security, and, before turning the documents over to the plaintiffs’ lawyers, will personally remove that information. In mid-October, when the government again refuses to turn over the documents, Kirkpatrick will find in favor of the plaintiffs (see October 12, 1950). [Siegel, 2008, pp. 133-134]

Entity Tags: US Department of Justice, William H. Kirkpatrick

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules in favor of the plaintiffs in a wrongful death lawsuit against the US government (see October 6, 1948, June 21, 1949, and July 26, 1950), after the government refuses to turn over classified accident reports that have a direct bearing on the plaintiffs’ case (see September 21, 1950). Judge Kirkpatrick orders the government to pay the plaintiffs, three widows who lost their husbands in a 1948 plane crash, a total of $225,000. The plaintiffs’ lawyer, Charles Biddle, expects the government to balk at paying out the money, and to instead continue to challenge the court’s attempt to compel it to turn over the accident reports (see October 19, 1951). [Siegel, 2008, pp. 134-139]

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

The government, represented by a team of Justice Department lawyers, appeals the recent ruling against it in the ‘Banshee’ B-29 plane crash lawsuit (see June 21, 1949). In the Third US Circuit Appeals Court, the government argues that the lower court had no business demanding that the Air Force turn over classified accident reports about the crash, because the reports may contain information that would potentially compromise national security (see October 12-18, 1948 and September 14, 1950). The government had twice defied court orders to produce the documents, and as a result had lost the lawsuit (see October 12, 1950). The Justice Department’s arguments come down to the assertion that the judiciary has no constitutional right to compel the executive branch to turn over documents it considers privileged. In 2008, author Barry Siegel will write, “For the first time in the B-29 litigation, the government directly argued that the judiciary could not review [the government’s] claim of privilege.” The lawyer for the plaintiffs, Charles Biddle, counters that the executive branch has no such sweeping claim of privilege, and that a judge should be allowed to review documents in dispute to determine both their bearing on a case and the possibility that releasing those documents could jeopardize national security (see September 21, 1950). Three weeks later, the appeals court will rule unanimously against the government (see December 11, 1951). [Siegel, 2008, pp. 149-153]

Entity Tags: US Department of Justice, Charles Biddle, Barry Siegel

Timeline Tags: Civil Liberties

A three-judge federal appeals court unanimously rejects the government’s claim of unfettered executive privilege and secrecy in regards to classified documents (see October 19, 1951). In an opinion written by Judge Albert Maris, the court finds that the government’s claim that the judiciary can never compel the executive branch to turn over classified documents to be without legal merit. The plaintiffs in the case, three widows who lost their husbands in the crash of a B-29 bomber carrying classified materials (see June 21, 1949), had a compelling need for the documents in question, the downed B-29 accident reports, to further their case, Maris writes (see October 12, 1950).
No Legal Basis for Claim of Privilege - Maris goes further than the parameters of the single lawsuit, writing: “[W]e regard the recognition of such a sweeping privilege… as contrary to a sound public policy. The present cases themselves indicate the breadth of the claim of immunity from disclosure which one government department head has already made. It is but a small step to assert a privilege against any disclosure of records merely because they might prove embarrassing to government officials. Indeed, it requires no great flight of imagination to realize that if the government’s contentions in these cases were affirmed, the privilege against disclosure might gradually be enlarged… until as is the case in some nations today, it embraced the whole range of government activities.… We need to recall in this connection the words of [Revolution-era jurist] Edward Livingston: ‘No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin, and reduced to slavery, by suffering gradual imposition and abuses, which were imperceptible, only because the means of publicity had not been secured.’” He also quotes Revolutionary War figure Patrick Henry, who said, “[T]o cover with the veil of secrecy the common routine of business is an abomination in the eyes of every intelligent man and every friend to his country.”
Rejecting Claim of 'State Secrets' - Maris is even less respectful of the government’s claim of a “state secrets” privilege. He notes that the government did not make that claim until well into the lawsuit proceedings (see October 19, 1951), indicating that it was a “fallback” argument used after the original government arguments had failed. Maris is also troubled, as author Barry Siegel later writes, in the government’s “assertion of unilateral executive power, free from judicial review, to decide what qualified as secret.” The lower court judge’s ruling that he alone should be given the documents for review adequately protected the government’s security interests, Maris writes: “[But] the government contends that it is within the sole province of the secretary of the Air Force to determine whether any privileged material is contained in the documents and that his determination of this question must be accepted by the district court without any independent consideration.… We cannot accede to this proposition. On the contrary, we are satisfied that a claim of privilege against disclosing evidence… involves a justiciable question, traditionally within the competence of the courts.… To hold that the head of an executive department of the government in a [law]suit to which the United States is a party may conclusively determine the government’s claim of privilege is to abdicate the judicial function to infringe the independent province of the judiciary as laid down by the Constitution.”
Fundamental Principle of Checks and Balances - Maris continues: “The government of the United States is one of checks and balances. One of the principal checks is furnished by the independent judiciary which the Constitution established. Neither the executive nor the legislative branch of the government may constitutionally encroach upon the field which the Constitution has reserved for the judiciary.… Nor is there any danger to the public interest in submitting the question of privilege to the decision of the courts. The judges of the United States are public officers whose responsibilities under the Constitution is just as great as that of the heads of the executive departments.”
Government Appeal - The Justice Department will appeal the ruling to the US Supreme Court (see March 1952 and March 9, 1953). [Siegel, 2008, pp. 153-156]

Entity Tags: Albert Maris, US Department of Justice, Barry Siegel, US Supreme Court

Timeline Tags: Civil Liberties

The Justice Department appeals the ruling of the US Appeals Court in the B-29 “Banshee” case (see December 11, 1951). The appellate judges found that the executive branch of government could not unilaterally refuse to hand over classified documents requested during the course of a trial, and justify its decision merely by its own say-so (see October 12, 1950). Solicitor General Philip Perlman argues that the appellate ruling erroneously interprets the law “so as to permit encroachments by the judiciary on an area committed by the Constitution to executive discretion.” The claim of “state secrets,” “executive privilege,” and, ultimately, “national security” must trump judicial concerns, Perlman argues, and he goes on to say that the judiciary should not be allowed to “substitute its judgment for the judgment of the executive.” The case will be labeled United States of America v. Patricia Reynolds, Phyllis Brauner, and Elizabeth Palya, and will usually be shortened to the more colloquial US v. Reynolds.
The Vinson Court - In 2008, author Barry Siegel, in his book Claim of Privilege, will note that the recent ascension of Fred Vinson as the Supreme Court’s Chief Justice does not bode well for the plaintiffs in the case. President Truman placed Vinson, whom Siegel calls Truman’s “poker and drinking buddy,” as Chief Justice to try to achieve consensus between the two contentious blocs of justices on the Court. Siegel notes that Vinson is widely considered an intellectual and legal lightweight, with a tendency to take the side of the government on issues in which he lacks a full understanding. Siegel will write that in many instances, Vinson functions “as part of the executive branch.”
'Dennis' Case Preview of Court's Tendency to Favor Executive Branch - Vinson had written the opinion in a 1951 ruling, Dennis et al v. United States, where the Court had upheld a lower court ruling that twelve acknowledged American Communists were sent to jail under the Smith Act—not for breaking the law, but for “teaching and advocating,” in the words of the original indictment. Siegel will call that ruling “the nadir of the Vinson Court.” According to Siegel, the Dennis ruling showed the Court’s predisposition to give the government, and particularly the executive branch, plenty of leeway in its findings in subsequent cases such as Reynolds. [Siegel, 2008, pp. 157-162]

Entity Tags: Fred Vinson, Elizabeth Palya, US Supreme Court, US Department of Justice, Barry Siegel, Harry S. Truman, Phyllis Brauner, Philip Perlman, Patricia Reynolds

Timeline Tags: Civil Liberties

Lawyers make their opening arguments before the Supreme Court in the case of US v Reynolds, the lawsuit that finds the government had no overarching right to unilaterally refuse to deliver classified documents in the course of a wrongful death lawsuit against the government (see December 11, 1951). The government has appealed the appellate court ruling to the Supreme Court (see March 1952). Because four of the nine justices had voted not to hear the case—in essence to let the appellate court ruling stand—the defense is cautiously optimistic about the Court’s decision.
Judiciary Has No Right to Interfere with Powers of the Executive, Government Argues - Acting Solicitor General Robert Stern tells the Court that the appellate judges’ decision, written by Judge Albert Maris, “is an unwarranted interference with the powers of the executive,” and that the decision forced the government to choose “whether to disclose public documents contrary to the public interest [or] to suffer the public treasury to be penalized” (a reference to the decision to award the plaintiffs monetary damages—see October 12, 1950). The judiciary “lack[s] power to compel disclosure by means of a direct demand [as well as] by the indirect method of an order against the United States, resulting in judgment when compliance is not forthcoming.”
Executive Has No Right to Unilaterally Withhold Information, Defense Counters - Stern’s arguments are countered by those of the plaintiffs’ lawyer, Charles Biddle, who writes, “We could rest our case with confidence on the clear opinion of Judge Maris,” but continues by arguing that if the government asserts a claim of executive privilege on the basis of national security, it must make the documents available to the Court for adjudication, or at least provide enough information for the Court to judge whether the documents present in fact a threat to national security if disclosed. This is particularly true, Biddle argues, “where there is no showing that the documents in question contain any military secret” (Biddle is unaware that the documents’ classification status had been reduced two years before—see September 14, 1950). “The basic question here is whether those in charge of the various departments of the government may refuse to produce documents properly demanded… in a case where the government is a party (see June 21, 1949), simply because the officials themselves think it would be better to keep them secret, and this without the Courts having any power to question the propriety of such decision.… In other words, say the officials, we will tell you only what we think it is in the public interest that you should know. And furthermore, we may withhold information not only about military or diplomatic secrets, but we may also suppress documents which concern merely the operation of the particular department if we believe it would be best, for purposes of efficiency or morale, that no one outside of the department, not even the Court, should see them.”
No Basis for Claims of Military Secrets - Biddle argues that because of responses he has received to his demands over the course of this lawsuit, he is relatively sure there are no military secrets contained within them. “[T]he proof is to the contrary,” he says, and goes on to say that had the Air Force disclosed from the outset that the plane crash, the fatal accident that sparked the original lawsuit (see October 6, 1948), was probably caused by pilot error and not by random chance, the plaintiffs may have never needed to ask for the disclosure of the documents in question, the accident reports on the crash (see October 18, 1948). “The secretary [of the Air Force]‘s formal claim of privilege said that the plane at the time was engaged in a secret mission and that it carried confidential equipment,” Biddle says, “but nowhere was it asserted that either had anything to do with the accident. The whole purpose of the demand by the respondents was for the purpose of finding out what caused the accident.… They were not in the least interested in the secret mission or equipment.” [Siegel, 2008, pp. 165-170]

Entity Tags: US Supreme Court, Albert Maris, Robert Stern, US Department of the Air Force, Charles Biddle

Timeline Tags: Civil Liberties

In their regular Saturday conference, the nine Supreme Court justices discuss the issues and arguments surrounding US v Reynolds (see October 21, 1952). According to the notes from the discussion, Chief Justice Fred Vinson, a strong advocate for expansive executive powers (see March 1952), says the case “boils down to Executive Branch determine privilege.” Other notes by Justice William O. Douglas suggest that Vinson isn’t convinced that the US must “be forced to pay for exercising its privilege” (see October 12, 1950). A straw vote taken at the end of the discussion shows five justices in favor of the government’s position to unilaterally withhold classified documents—overturning the appellate court decision (see December 11, 1951), and four in favor of allowing the decision to stand. [Siegel, 2008, pp. 171]

Entity Tags: Fred Vinson, US Supreme Court, William O. Douglas

Timeline Tags: Civil Liberties

Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

After the New York Times verifies the phone calls to Nixon campaign provocateur Donald Segretti from Watergate burglar E. Howard Hunt (see October 12-15, 1972), it publishes an analysis of the White House’s attacks on the media (see October 16-November, 1972). The analysis, written by Robert Semple, Jr, says in part: “The essence of the administration’s recent counterattack to the charges that some of President Nixon’s created or at least condoned a network of political espionage and disruption has been to denounce the newspapers that print them without explicitly discussing them. Behind the strategy lie two assumptions that tell much about the administration’s perceptions of the voters and newspapers that serve them. Judging by recent interviews with Mr. Nixon’s aides, these assumptions seem to be widely shared in his inner circle. First, at the moment, the White House feels, the alleged conspiracy is perceived by most of the public as a distant and even amateurish intrigue far removed from the Oval Office, and thus a denial or even discussion of the charges by the White House would give those charges undeserved visibility and currency. The second is that the public—softened up by three years of speeches from Vice President Agnew—has less than total confidence that what it reads and hears—particularly in the so-called Eastern Establishment media—is true and undistorted by political prejudice. Hence the recent administration attacks on the Washington Post, which has been giving the corruption allegations front-page treatment…. Repeated requests to senior White House aides to get the full story, as they see it, have gone unanswered.… ‘Do you know why we’re not uptight about the press and the espionage business?’ one White House aide… asked rhetorically the other day. ‘Because we believe that the public believes that the Eastern press really is what Agnew said it was—elitist, anti-Nixon and ultimately pro-McGovern.” [Bernstein and Woodward, 1974, pp. 169]

Entity Tags: New York Times, Donald Segretti, E. Howard Hunt, Spiro T. Agnew, Nixon administration, Richard M. Nixon, Robert Semple, Jr

Timeline Tags: Nixon and Watergate

Senate Watergate counsel Samuel Dash tells reporters that, following the extraordinary letter from convicted Watergate burglar James McCord that alleged perjury and enforced silence in the trial of the burglars (see March 19-23, 1973), he has twice interviewed McCord. McCord has “named names” and begun “supplying a full and honest account” of the Watergate operation. He refuses to give details, but promises that McCord will soon testify in public Senate hearings. Shortly after the press conference, the Los Angeles Times reports that McCord named White House counsel John Dean and Nixon campaign deputy director Jeb Magruder as two of the Nixon officials involved in planning the Watergate surveillance operation. Dean has not been named as being involved in the Watergate planning until now. The White House denies Dean’s involvement; significantly, its statement does not mention Magruder—the Nixon administration has cut him loose. Three Capitol Hill sources confirm the story; one Republican politician anonymously tells the Post that McCord’s allegations are “convincing, disturbing, and supported by some documentation.” Dean’s lawyer learns of a planned follow-up story by the Washington Post and threatens to sue the Post if it prints the allegations; Post editor Howard Simons orders that the story be published, including the threat from Dean’s lawyer. [Bernstein and Woodward, 1974, pp. 276-277]

Entity Tags: Washington Post, Howard Simons, James McCord, Jeb S. Magruder, Nixon administration, Samuel Dash, John Dean

Timeline Tags: Nixon and Watergate

Comedian Bill Cosby, one of many on Nixon’s enemies list.Comedian Bill Cosby, one of many on Nixon’s enemies list. [Source: Quixoticals]Former White House counsel John Dean, continuing his testimony before the Senate Watergate Committee (see June 25-29, 1973), provides a sheaf of documents to the committee. Among those is the “Opponents List and Political Enemies Project,” informally called President Nixon’s “enemies list.” The list is actually a set of documents “several inches thick” of names and information about Nixon’s political enemies. It was compiled by a number of administration officials, including Dean, White House aides Charles Colson, Gordon Strachan, and Lyn Nofziger, beginning in 1971. One of the documents from August 16, 1971, has Dean suggesting ways in which “we can use the available federal machinery to screw our political enemies.” Methods proposed included administration manipulation of “grant availability, federal contracts, litigation, prosecution, etc.” The Dean memo was given to then-chief of staff H. R. Haldeman and top White House aide John Ehrlichman for approval. Though Dean testifies that he does not know if the plan was set into motion, subsequent documents submitted to the committee indicate that it was indeed implemented. A condensed list of 20 “White House enemies” was produced by Colson’s office; a larger list included ten Democratic senators, all 12 black House members, over 50 news and television reporters, prominent businessmen, labor leaders, and entertainers, and contributors to the 1972 presidential campaign of Democratic senator Edmund Muskie. The condensed list includes, in priority order:
bullet “1. Arnold M. Picker, United Artists Corp., NY. Top Muskie fund raiser. Success here could be both debilitating and very embarrassing to the Muskie machine. If effort looks promising, both Ruth and David Picker should be programmed and then a follow through with United Artists.”
bullet “2. Alexander E. Barkan, national director of AFL-CIO’s committee on Political Education, Washington D.C.: Without a doubt the most powerful political force programmed against us in 1968 ($10 million, 4.6 million votes, 115 million pamphlets, 176,000 workers—all programmed by Barkan’s COPE—so says Teddy White in The Making of the President 1968). We can expect the same effort this time.”
bullet “3. Ed Guthman, managing editor, Los Angeles Times: Guthman, former Kennedy aide, was a highly sophisticated hatchetman against us in ‘68. It is obvious he is the prime mover behind the current Key Biscayne effort. It is time to give him the message.”
bullet “4. Maxwell Dane, Doyle, Dane and Bernbach, NY: The top Democratic advertising firm—they destroyed Goldwater in ‘64. They should be hit hard starting with Dane.”
bullet “5. Charles Dyson, Dyson-Kissner Corp., NY: Dyson and [Democratic National Committee chairman] Larry O’Brien were close business associates after ‘68. Dyson has huge business holdings and is presently deeply involved in the Businessmen’s Educational Fund which bankrolls a national radio network of five-minute programs—anti-Nixon in character.”
bullet “6. Howard Stein, Dreyfus Corp., NY: Heaviest contributor to [Democratic presidential candidate Eugene] McCarthy in ‘68. If McCarthy goes, will do the same in ‘72. If not, Lindsay or McGovern will receive the funds.”
bullet “7. [US Representative] Allard Lowenstein, Long Island, NY: Guiding force behind the 18-year-old ‘Dump Nixon’ vote campaign.”
bullet “8. Morton Halperin, leading executive at Common Cause: A scandal would be most helpful here.”
bullet “9. Leonard Woodcock, UAW, Detroit, Mich.: No comments necessary.”
bullet “10. S. Sterling Munro Jr., Sen. [Henry Jackson’s aide, Silver Spring, Md: We should give him a try. Positive results would stick a pin in Jackson’s white hat.”
bullet “11. Bernard T. Feld, president, Council for a Livable World: Heavy far left funding. They will program an ‘all court press’ against us in ‘72.”
bullet “12. Sidney Davidoff, New York City, [New York City Mayor John V.] Lindsay’s top personal aide: a first class SOB, wheeler-dealer and suspected bagman. Positive results would really shake the Lindsay camp and Lindsay’s plans to capture youth vote. Davidoff in charge.”
bullet “13. John Conyers, congressman, Detroit: Coming on fast. Emerging as a leading black anti-Nixon spokesman. Has known weakness for white females.”
bullet “14. Samuel M. Lambert, president, National Education Association: Has taken us on vis-a-vis federal aid to parochial schools—a ‘72 issue.” [Facts on File, 6/2003] Committee chairman Sam Ervin (D-NC) is clearly outraged by the list, and particularly by Lambert’s inclusion. He says, “Here is a man listed among the opponents whose only offense is that he believed in the First Amendment and shared Thomas Jefferson’s conviction, as expressed in the Virginia Statute for Religious Freedom, that to compel a man to make contributions of money for the dissemination of religious opinions he disbelieves is sinful and tyrannical. Isn’t that true?” Dean replies, “I cannot disagree with the chairman at all.” [Time, 7/9/1973]
bullet “15. Stewart Rawlings Mott, Mott Associates, NY: Nothing but big money for radic-lib candidates.”
bullet “16. Ronald Dellums, congressman, Calif: Had extensive [Edward M. Kennedy] EMK-Tunney support in his election bid. Success might help in California next year.”
bullet “17. Daniel Schorr, Columbia Broadcasting System, Washington: A real media enemy.”
bullet “18. S. Harrison Dogole, Philadelphia, Pa: President of Globe Security Systems—fourth largest private detective agency in US. Heavy Humphrey [former presidential candidate Hubert Humphrey] contributor. Could program his agency against us.”
bullet “19. [Actor] Paul Newman, Calif: Radic-lib causes. Heavy McCarthy involvement ‘68. Used effectively in nation wide TV commercials. ‘72 involvement certain.”
bullet “20. Mary McGrory, Washington columnist: Daily hate Nixon articles.”
Another “master list” of political enemies prepared by Colson’s office includes Democratic senators Birch Bayh, J. W. Fulbright, Fred R. Harris, Harold Hughes, Edward M. Kennedy, George McGovern, Walter Mondale, Edmund Muskie, Gaylord Nelson, and William Proxmire; House representatives Bella Abzug, William R. Anderson, John Brademas, Father Robert F. Drinan, Robert Kastenmeier, Wright Patman; African-American representatives Shirley Chisholm, William Clay, George Collins, John Conyers, Ronald Dellums, Charles Diggs, Augustus Hawkins, Ralph Metcalfe, Robert N.C. Nix, Parren Mitchell, Charles Rangel, Louis Stokes; and several other politicians, including Lindsay, McCarthy, and George Wallace, the governor of Alabama (see May 15, 1972). The list also includes an array of liberal, civil rights and antiwar organizations, including the Black Panthers, the Brookings Institution, Common Cause, the Farmers Union, the National Economic Council, the National Education Association, the National Welfare Rights Organization, the Southern Christian Leadership Convention; a variety of labor organizations; many reporters, columnists, and other news figures; a short list of celebrities including Bill Cosby, Jane Fonda, Dick Gregory, Steve McQueen, Joe Namath, Gregory Peck, Tony Randall, and Barbra Streisand; and a huge list of businessmen and academics. The documents provide suggestions for avenues of attack against individual listees, including using “income tax discrepancies,” allegations of Communist connections, and other information. [Facts on File, 6/2003] In 1999, Schorr will joke that being on Nixon’s enemies list “changed my life a great deal. It increased my lecture fee, got me invited to lots of very nice dinners. It was so wonderful that one of my colleagues that I will not mention, but a very important man at CBS, said, ‘Why you, Schorr? Why couldn’t it have been me on the enemies list?’” [CNN, 3/27/1999] Schorr does not mention that he was the subject of an FBI investigation because of his listing. [Spartacus Schoolnet, 8/2007]

Entity Tags: Paul Newman, National Welfare Rights Organization, Ralph Metcalfe, Parren Mitchell, Robert F Drinan, National Economic Council, Richard M. Nixon, Morton H. Halperin, Louis Stokes, Mary McGrory, John V. Lindsay, Lawrence O’Brien, Maxwell Dane, Leonard Woodcock, Robert Kastenmeier, Lyn Nofziger, Los Angeles Times, Robert N.C. Nix, Sam Ervin, S. Harrison Dogole, United Auto Workers, Walter Mondale, Tony Randall, William Clay, William R. Anderson, Wright Patman, William Proxmire, Ron Dellums, Stewart Rawlings Mott, Southern Christian Leadership Convention, S. Sterling Munro Jr, John Ehrlichman, Steve McQueen, Samuel M Lambert, Shirley Chisholm, Sidney Davidoff, Senate Watergate Investigative Committee, John Dean, National Education Association, John Brademas, CBS News, Charles Colson, Charles Diggs, Charles Dyson, Charles Rangel, Brookings Institution, Council for a Livable World, Common Cause, Black Panthers, Birch Bayh, Bill Cosby, Allard Lowenstein, Alexander E. Barkan, AFL-CIO, Daniel Schorr, Arnold M. Picker, John Conyers, Augustus Hawkins, Bernard T. Feld, Bella Abzug, Dick Gregory, Barbra Streisand, Edmund Muskie, H.R. Haldeman, Harold Hughes, Gregory Peck, Henry (“Scoop”) Jackson, Jane Fonda, J. William Fulbright, Howard Stein, Gordon Strachan, George S. McGovern, Joe Namath, Edward M. (“Ted”) Kennedy, Eugene McCarthy, Fred R Harris, Gaylord Nelson, George C. Wallace, Hubert H. Humphrey, George Collins, Ed Guthman

Timeline Tags: Nixon and Watergate

Former Nixon White House aide Charles Colson, later described by reporter David Plotz as “Richard Nixon’s hard man, the ‘evil genius’ of an evil administration,” is sentenced to jail after pleading guilty (see March 7, 1974) to taking part in the plan to break into Daniel Ellsberg’s psychiatrist’s office (see September 9, 1971) and interfering with Ellsberg’s trial (see June 28, 1971). Colson also, according to Watergate historian Stanley Kutler, tried to hire Teamster thugs to beat up antiwar demonstrators, and plotted to either raid or firebomb the Brookings Institution (see June 8-9, 1973). Colson will serve seven months in jail (see September 3, 1974). [Slate, 3/10/2000] Colson tells the court: “I shall be cooperating with the prosecutor, but that is not to say that the prosecutor has bargained for my testimony, that there is any quid pro quo: there was not. I reached my own conclusion that I have a duty to tell everything I know about these important issues, and a major reason for my plea was to free me to do so.” Colson’s testimony against Richard Nixon is damning, as he tells the court Nixon had “on numerous occasions urged me to disseminate damaging information about Daniel Ellsberg.” Vice President Ford defends Nixon, saying, “There’s a big difference between telling Chuck Colson to smear Ellsberg and ordering—or allegedly ordering—a break-in.” Colson will later become a born-again Christian evangelist, and found an influential prison ministry. [Slate, 3/10/2000; Werth, 2006, pp. 273-274]

Entity Tags: Brookings Institution, David Plotz, Stanley Kutler, Richard M. Nixon, Daniel Ellsberg, Gerald Rudolph Ford, Jr, Charles Colson, Nixon administration

Timeline Tags: Nixon and Watergate

Former Nixon White House counsel Leonard Garment, now working for President Ford, meets with former Supreme Court Justice Abe Fortas to further his case for pardoning Richard Nixon. Garment has already spoken to a number of journalists who believe the time has come for a pardon. Garment asks Fortas if Nixon should be pardoned; Fortas says he should. This, Fortas says, is “Ecclesiastes time,” a time to cast away stones and to heal. A public prosecution of Nixon would be a “horror,” Fortas muses. Garment phones Ford’s chief of staff Alexander Haig, who is pushing the case for a pardon from within the White House, and Haig gives Garment permission to meet with Ford and make his case. [Werth, 2006, pp. 206-207]

Entity Tags: Richard M. Nixon, Alexander M. Haig, Jr., Leonard Garment, Gerald Rudolph Ford, Jr, Abe Fortas

Timeline Tags: Nixon and Watergate

Leonard Garment.Leonard Garment. [Source: Spartacus Educational]Former President Nixon’s White House counsel, Leonard Garment, delivers a three-page handwritten memo to the White House outlining his arguments in favor of a pardon (see August 27, 1974). Garment writes that the time for a pardon is now, otherwise President Ford risks “losing control of the situation.” Calls for indictment will increase, Garment says, and “the whole miserable tragedy will be played out to God knows what ugly and wounding conclusion.” Once the initial negative reaction to a pardon blows over, Garment argues, Ford will be viewed as “strong and admirable.… There will be a national sigh of relief.” Garment also argues that Nixon well may not survive a prosecution because of his physical debilities and near-suicidal depression. Ford does not immediately see the memo, but his ad hoc chief of staff Alexander Haig does. Ford and Haig discuss the pardon in private, and though Ford will later write that Haig did not try to argue for a pardon, after the meeting Haig calls Garment to tell him, “It’s a done deal.” For his part, Ford doesn’t think the country wants to, in his words, “see an ex-president behind bars.” Nixon’s suffering is enormous, Ford believes: “His resignation was an implicit admission of guilt, and he could have to carry forever his burden of guilt.” Moreover, Ford worries that the nation is essentially overdosing on the political drama. Everyone has become “Watergate junkies,” as one of Ford’s military aides, Robert Barrett, tells him. “Some of us are mainlining, some of us are sniffing, some are lacing it with something else, but all of us are addicted,” Barrett says. “This will go on and on unless someone steps in and says that we, as a nation, must go cold turkey. Otherwise, we’ll die of an overdose.” [Werth, 2006, pp. 212-214]

Entity Tags: Richard M. Nixon, Gerald Rudolph Ford, Jr, Alexander M. Haig, Jr., Leonard Garment, Robert Barrett

Timeline Tags: Nixon and Watergate

Following the revelations of the Church Committee’s investigation into the excesses of the CIA (see April, 1976), and the equally revealing New York Times article documenting the CIA’s history of domestic surveillance against US citizens for political purposes (see December 21, 1974), Congress passes the Foreign Intelligence Surveillance Act (FISA). In essence, FISA prohibits physical and electronic surveillance against US citizens except in certain circumstances affecting national security, under certain guidelines and restrictions, with court warrants issued by the Foreign Intelligence Surveillance Court (FISC), operating within the Department of Justice as well as with criminal warrants. FISA restricts any surveillance of US citizens (including US corporations and permanent foreign residents) to those suspected of having contact with “foreign powers” and terrorist organizations. FISA gives a certain amount of leeway for such surveillance operations, requiring that the administration submit its evidence for warrantless surveillance to FISC within 24 hours of its onset and keeping the procedures and decisions of FISC secret from the public. [Electronic Frontier Foundation, 9/27/2001; Legal Information Institute, 11/30/2004] On September 14, 2001, Congress will pass a revision of FISA that extends the time period for warrantless surveillance to 72 hours. The revision, part of the Intelligence Authorization Act of 2002, will also lower the standard for the issuance of wiretap warrants and make legal “John Doe,” or generic, warrants that can be used without naming a particular target. FISA revisions will also expand the bounds of the technologies available to the government for electronic and physical surveillance, and broaden the definitions of who can legally be monitored. [US Senate, 9/14/2001; Senator Jane Harman, 2/1/2006]

Entity Tags: Foreign Intelligence Surveillance Court, New York Times, Foreign Intelligence Surveillance Act, US Department of Justice, Church Committee

Timeline Tags: Civil Liberties

Iraq procures “yellowcake” uranium from Portugal, Niger, and Brazil. Since neither Niger nor Brazil are members of the Non-Proliferation Treaty, they are not required to submit the transaction to the International Atomic Energy Agency (IAEA). Portugal, a signatory to the treaty, informs the IAEA of the transfers. Iraq also notifies the IAEA of the transfer in August 1981 and again in July 1982. The total amount of yellowcake uranium secured by Iraq is 563,290 kilograms. The IAEA verifies the amount transferred to Iraq; including the loss of about 40 kilograms from a drum damaged during Iraq’s salvaging and concealment attempts in 1991. Like other uranium transferred to Iraq (see 1979 and 1982), this uranium is verified and accounted for by International Atomic Energy Association (IAEA) inspectors, and is kept at “Location C,” a storage complex near the Tuwaitha nuclear research facility in central Iraq. Later inspections show that Iraq has not been fully honest about its uranium purchases; it is not until July 1991 that Iraq declares the full amount of uranium it has received. Furthermore, later inspections will show that “considerable” amounts of uranium cannot be accounted for. By July 1994, IAEA inspectors will verify the complete amounts and dispositions of Iraq’s yellowcake. [International Atomic Energy Agency, 1997]

Entity Tags: International Atomic Energy Agency

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

President Jimmy Carter issues Executive Order 12129, “Exercise of Certain Authority Respecting Electronic Surveillance,” which implements the executive branch details of the recently enacted Foreign Intelligence Surveillance Act of 1978 (FISA) (see 1978). [Jimmy Carter, 5/23/1979] The order is issued in response to the Iranian hostage crisis (see November 4, 1979-January 20, 1981). [Hawaii Free Press, 12/28/2005] While many conservatives will later misconstrue the order as allowing warrantless wiretapping of US citizens in light of the December 2005 revelation of George W. Bush’s secret wiretapping authorization (see Early 2002), [Think Progress, 12/20/2005] the order does not do this. Section 1-101 of the order reads, “Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.” The Attorney General must certify under the law that any such warrantless surveillance must not contain “the contents of any communication to which a United States person is a party.” The order does not authorize any warrantless wiretapping of a US citizen without a court warrant. [Jimmy Carter, 5/23/1979; 50 U.S.C. 1802(a); Think Progress, 12/20/2005] The order authorizes the Attorney General to approve warrantless electronic surveillance to obtain foreign intelligence, if the Attorney General certifies that, according to FISA, the communications are exclusively between or among foreign powers, or the objective is to collect technical intelligence from property or premises under what is called the “open and exclusive” control of a foreign power. There must not be a “substantial likelihood” that such surveillance will obtain the contents of any communications involving a US citizen or business entity. [Federal Register, 2/4/2006]

Entity Tags: Foreign Intelligence Surveillance Act, George W. Bush, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Civil Liberties

A federal court rules that because of the government’s “state secrets” privilege (see March 9, 1953), a civilian plaintiff suing the US Navy over a contractual agreement cannot even access “non-privileged,” or unclassified, information from the Navy because to do so might “threaten disclosure” of material that goes against “the overriding interest of the United States… preservation of its state secrets privilege precludes any further attempt to pursue litigation.” [Siegel, 2008, pp. 196-197]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

State Department intern Richard Barlow.State Department intern Richard Barlow. [Source: Richard Barlow]Richard Barlow, an intern at the State Department’s Arms Control and Disarmament Agency (ACDA), finds that Pakistan has been attempting to build a nuclear bomb since the early 1970s, but his superiors do not follow up and he loses his job in a reorganization. Barlow, who has recently graduated from university after writing a thesis on counter-proliferation intelligence, is concerned about the burgeoning black markets in nuclear weapons technology. He will later comment, “Everywhere I looked I kept coming up against intelligence about Pakistan’s WMD program. I thought I was telling them what they needed to hear, but the White House seemed oblivious.” One reason the White House appears deaf is that Pakistan is now an important US ally, as it is a major supply point for the CIA-backed anti-Soviet Afghan mujaheddin. In addition, a group of “Republican hawks,” including Paul Wolfowitz, has convinced President Ronald Reagan that America needs a new strategy against potential nuclear threats, since long-term policies such as détente and containment are supposedly not working. When Reagan starts to build up US arms, the staff at ACDA is cut by a third and Barlow is one of the employees who loses his job. [Guardian, 10/13/2007]

Entity Tags: US Department of State, Ronald Reagan, Paul Wolfowitz, Richard Barlow, Arms Control and Disarmament Agency

Timeline Tags: A. Q. Khan's Nuclear Network

In the second of two rulings in the case of Halkin v Helms, the judiciary comes down squarely on the side of the US government against charges of illegal surveillance and wiretapping leveled against American anti-war protesters. The district and appellate courts uphold the federal government’s “state secrets” claim as codified in US v Reynolds (see March 9, 1953), thereby denying the plaintiffs the right to see government information that they claim would prove their case. The DC Court of Appeals writes that the federal courts do not have any constitutional role as “continuing monitors of the wisdom and soundness of Executive action,” and instead the courts “should accord utmost deference to executive assertions of privilege on grounds of military or diplomatic secrets… courts need only be satisfied that there is a reasonable danger” that military secrets might be exposed. [Siegel, 2008, pp. 196-196]

Timeline Tags: Civil Liberties

The DC Court of Appeals rejects a claim by civilian plaintiffs to force the government to disclose classified information as part of a lawsuit, citing the “state secrets” privilege (see March 9, 1953). Furthermore, the court broadens the definition of “state secrets” to include “disclosure of intelligence-gathering methods or capabilities and disruption of diplomatic relations.” [Siegel, 2008, pp. 197]

Timeline Tags: Civil Liberties

Valerie Plame, the 22-year old daughter of a military family that followed its Air Force father around the globe during her childhood, joins the CIA. She is one of only 250 or so recruits accepted in the elite Career Trainee Program, a relatively new program installed by CIA Director William Casey and future director Robert Gates. These recruits receive intensive training in everything from academics, government and political structures, and paramilitary operations. Plame is one of the first women accepted in the program. She acquits herself very well in training, winning the respect of her fellow recruits. Classmate Larry Johnson, who will himself go on to a long career in the agency, will later recall of the young woman he knows only as “Val P.”: “She didn’t try to pretend to be something that she was not. She didn’t shoot her mouth off. Looking back, for her age, how so damn young she was, she was remarkably mature, and very serious. It was clear she wanted to be taken seriously.” Only three recruits from the “survivors” of the original class of 250 will go on to work as NOCs—nonofficial covered officers. Plame will be one of those three. [Wilson, 2007, pp. 315-317]

Entity Tags: Central Intelligence Agency, Valerie Plame Wilson, Larry C. Johnson

Timeline Tags: Niger Uranium and Plame Outing

USS ‘Stark’ after being struck by Iraqi missile.USS ‘Stark’ after being struck by Iraqi missile. [Source: US Department of Defense]Two missiles from an Iraqi F-1 Mirage warplane strike the USS Stark, killing 37 of the sailors aboard. The frigate is a member of a US naval task force sent to the Persian Gulf to keep the Gulf open for shipping during the Iran-Iraq War. The Iraqi fighter locks weapons on the Stark three minutes before firing; the commander of the ship refuses to issue the standard “back off” warning to the Iraqi pilot. The first missile bores deep into the ship but fails to explode; the second missile explodes, incinerating the crew’s quarters, the radar room, and the combat information center. The ship burns for two days. [PBS, 2000; Peniston, 2006, pp. 61-63]
Diverting Blame onto Iran - The Pentagon later claims that the Stark indeed warned the fighter pilot not to approach. Iraq quickly apologizes for the attack. The US continues to patrol the Gulf, and continues its program of re-registering Kuwaiti oil tankers under the American flag in order to protect them from Iranian attacks. A diplomat says that given the scale of casualties in the incident, the American public is going to start asking “what the hell is the US doing in the Gulf?” Iran calls the attack on the Stark a “divine blessing.” US officials quickly divert blame for the attack on Iran, accepting an Iraqi explanation that the fighter pilot must have mistaken the US warship for an Iranian vessel. [Guardian, 5/19/1987]
Excusing Iraq, Punishing 'Stark' Commander - “We’ve never considered them hostile at all,” says President Reagan in regards to Iraq’s military. “They’ve never been in any way hostile.… And the villain in the piece is Iran.” Senator John Warner (R-VA), a former secretary of the Navy, denounces Iran as “a belligerent that knows no rules, no morals.” Fellow senator John Glenn (D-OH) calls Iran “the sponsor of terrorism and the hijacker of airliners.” Iraq later determines that the Stark was in its so-called “forbidden zone,” and refuses to produce the pilot for any disciplinary action. The only punishment for the attack is suffered by the captain of the Stark, Glenn Brindel, who is relieved of his command, and his executive officer, who is punished for “dereliction of duty.” [TomDispatch (.com), 5/3/2007]
Lawsuits Dismissed - Two wrongful death lawsuits arising from the attacks will later be dismissed due to the “state secrets” privilege (see June 13, 1991 and September 16, 1992).

Entity Tags: US Department of Defense, US Department of the Navy, Glenn Brindel, John Glenn, John W. Warner, Ronald Reagan

Timeline Tags: US-Iraq 1980s

Oliver North testifying before the Iran-Contra Committee.Oliver North testifying before the Iran-Contra Committee. [Source: Bettmann / Corbis]Lieutenant Colonel Oliver North testifies before the joint House-Senate Iran-Contra investigative committee. During the course of his testimony, he says he does not know if President Reagan had any knowledge of the diversion of funds from Iranian arms sales to the Nicaraguan Contras (see December 6, 1985 and April 4, 1986). North also testifies that William Casey, the recently deceased CIA director (see May 6, 1987), knew of and approved the diversion of funds to the Contras. North admits that the Iranian arms sales were initially designed to help facilitate the release of the American hostages being held by Hezbollah. [New York Times, 11/19/1987]
Tour de Force - North’s testimony is a “tour de force,” in the words of authors Lou Dubose and Jake Bernstein, that allows Republicans the opportunity to reverse the field of the hearings and go on the offensive instead of defending the conduct of the Reagan administration. North, a Marine lieutenant colonel, wears his full-dress Marine uniform throughout his entire testimony with rows of ribbons festooning his chest. Handsome and full of righteous patriotism, he is striking on television, and contrasts well with the nasal, disdainful committee lawyers (see May 5, 1987) who spend four days interrogating him.
Need to Free Hostages Trumps Law - For the first two days, North and House counsel John Nields spar for the cameras. North says that Casey had directed him to create the so-called “Enterprise” (see November 19, 1985 and February 2, 1987), the clandestine organization that supported the Nicaraguan Contras with money, weapons, and sometimes US personnel. North admits to shredding untold amounts of evidence after the operation came to light (see November 21-25, 1986). He also admits to lying to Congress in previous testimony. But all of his actions are justified, he says, by the need to get Iran to free the American hostages. “I’d have offered the Iranians a free trip to Disneyland if we could have gotten Americans home for it,” he declares in response to one question about US arms sales to Iran. Senate counsel Arthur Liman will later write, “He made all his illegal acts—the lying to Congress, the diversion [of funds from Iranian arms sales to the Contras], the formation of the Enterprise, the cover-up—seem logical and patriotic.”
Targeting Covert Operations - Nields’s preferred line of questioning—covert operations—makes many committee members uncomfortable. Some House Democrats want to use the investigation to further their own goals of limiting covert actions, and others simply want the truth to be revealed. In contrast, House Republicans are united in opposition to any details of covert operations being revealed on national television and thus hampering the president’s ability to conduct future operations as needed. After the first day of North’s testimony, committee member Dick Cheney (R-WY) exults on PBS that North “probably was as effective as anybody we’ve had before the committee in coming forward very aggressively and stating what he did, saying why he did it, arguing that he was in fact authorized to take the activities that he did.”
Leaky Congress Unfit to Know of Covert Ops, North Contends - North echoes Cheney’s position that the question is not whether White House officials broke the law, but whether Congress was fit to consider the question of national security at all. North goes so far as to question the propriety of the hearings themselves: “I believe that these hearings, perhaps unintentionally so, have revealed matters of great secrecy in the operation of our government, and sources of methods of intelligence activities have clearly been revealed, to the detriment of our security.” North’s message is clear: Congress is not fit to handle covert operations or, by and large, to even know about them. Best for the legislature to allow the White House and the intelligence community to do what needs doing and remain quiet about it. North’s contention that Congress has leaked vital national security information is shot down by Senate committee chairman Daniel Inouye (D-HI), who not only forces North to admit that he has no evidence of his contention, but that the White House, not Congress, is the main source of leaked classified information. Indeed, North himself has leaked information (see July 7-10, 1987). Inouye’s co-chair, Warren Rudman (R-NH) will later say: “The greatest leaks came out of the White House. North and company were the biggest leakers of all during that period.” [Dubose and Bernstein, 2006, pp. 75-78] Nields, addressing North’s implication that the NSC has no obligation to tell the truth to Congress, says towards the end of his session with North: “We do believe in a democracy in which the people, not one lieutenant colonel, decide important policy issues, don’t we? … You denied Congress the facts North had admitted to lying about the government’s involvement with the Hasenfus plane. You denied the elected representatives of the people the facts.” [Boston Globe, 7/9/1987]
Impact on Public Opinion - Results will differ on North’s popularity with viewers (see July 9-31, 1987).

Entity Tags: William Casey, Warren Rudman, Ronald Reagan, Oliver North, Joint House-Senate Iran-Contra Committee, Arthur Liman, Bush administration (41), Contras, Daniel Inouye, Hezbollah, Richard (“Dick”) Cheney, John Nields, Jake Bernstein, Lou Dubose

Timeline Tags: Iran-Contra Affair

Following a stormy Congressional subcommittee hearing where he contradicted CIA manager David Einsel about Pakistan’s nuclear program (see July 1987 or Shortly After), analyst Richard Barlow is forced out of the CIA. Barlow will later say that he leaves because Einsel makes his job impossible: “Einsel went crazy. I was told that my personal behavior at the hearing had been unprofessional. I was accused of being unpatriotic and almost scuttling the Afghanistan program. I was viewed as being disloyal.” [Guardian, 10/13/2007] He will also say: “These people were determined that nothing like this was ever going to happen ever again—no more arrests, no more truth to the Congress.… I was targeted by some in the Directorate of Operations; they made my life miserable.” [Raw Story, 4/30/2007] Commenting on his position during the Cold War, he will add: “We had to buddy-up to regimes we didn’t see eye-to-eye with, but I could not believe we would actually give Pakistan the bomb. How could any US administration set such short-term gains against the long-term safety of the world?” Barlow’s job description is re-written six weeks after the hearing, removing him from work on Pakistan’s nuclear weapons, and he leaves the CIA for the Customs Service a year later. [Guardian, 10/13/2007]

Entity Tags: Central Intelligence Agency, Richard Barlow, Office of Scientific and Weapons Research (CIA), David Einsel

Timeline Tags: A. Q. Khan's Nuclear Network

Former National Security Adviser John Poindexter is indicted on seven felony counts relating to his participation in the Iran-Contra affair. Poindexter is named with fellow Iran-Contra conspirators Oliver North, Richard Secord, and Albert Hakim as part of a 23-count, multi-defendant indictment. The charges are based on evidence that shows all four defendants conspired to defraud the United States and violate federal law by secretly providing funds and supplies to the Nicaraguan Contras. The cases will soon be severed and each defendant will be tried separately (see May-June, 1989). [FINAL REPORT OF THE INDEPENDENT COUNSEL FOR IRAN/CONTRA MATTERS: Chapter 3: United States v. John M. Poindexter, 8/4/1993; PBS, 2000]

Entity Tags: Richard Secord, Albert Hakim, Oliver North, Contras, John Poindexter

Timeline Tags: Iran-Contra Affair

Veteran diplomat Joseph Wilson arrives in Baghdad to assume the post of Deputy Chief of Mission (DCM) under US Ambassador April Glaspie. Wilson has extensive experience throughout sub-Saharan and Central Africa, as well as brief stints on the staffs of Senator Al Gore (D-TN) and Representative Tom Foley (D-WA). Wilson will later write that he and his colleagues share the belief that Iraq is ruled by “a shockingly brutal regime… an ugly totalitarian dictatorship” and its leader, Saddam Hussein, a “sociopath.” For the next three years, Wilson and his colleagues will send harsh reports of Hussein’s systematic violations of the human rights of his subjects to Washington.
Walking a Fine Line between Isolation and Appeasement - Still, most of the embassy staff, including Wilson and Glaspie, are not advocates of totally isolating Hussein with extreme economic and diplomatic sanctions. Wilson will write, “Isolating a regime often results in isolating ourselves, and we then lose any leverage we might have to influence outcomes. On the other hand, when dictators are treated like any other leaders, it’s often interpreted by them as a free pass to continue in their autocratic ways, while critics label it as appeasement.… The merits of ideologically driven diplomacy versus a more pragmatic approach have been a recurring theme of foreign policy debates throughout the history of international relations and America’s own domestic policies.”
'Tread Lightly' - Wilson will note that “Iraq’s Arab neighbors unanimously urged us to tread lightly. They argued that after almost a decade of a grinding war with Iran, Saddam had learned his lesson and that his natural radicalism would now be tempered by the harsh experience.… [I]t was better to tie him to relationships that would be hard for him to jettison than to leave him free to make trouble with no encumbrances. Engaging with him at least kept him in our sights.” Iraq had behaved monstrously during its war with Iran, and had offended the world with its chemical attacks on its own citizens (see August 25, 1988) and its Iranian enemies (see October 1988). But it had emerged from the war as a powerful regional player both militarily and economically. The Bush administration is torn between trying to moderate Hussein’s behavior and treating him as an incorrigible, irredeemable enemy of civilization. And Washington wants Iraq as a balancing force against Iran, which is awash in virulently anti-American sentiment (a sentiment returned in full by many American lawmakers and government officials). No other country in the Gulf region will tolerate the presence of US forces as a counterbalance to Iran. So, as Wilson will write, “All of Iraq’s neighbors continued to argue for a softer approach; and since they clearly had at least as much at stake as we did, the Bush administration was willing to follow their lead.” [Wilson, 2004, pp. 78-79, 451]

Entity Tags: Joseph C. Wilson, Saddam Hussein, April Glaspie

Timeline Tags: Events Leading to Iraq Invasion

Lieutenant Colonel Oliver North, the former National Security Council member who had been a key figure in the Iran-Contra scandal (see July 7-10, 1987), is tried for crimes related to the operation (see March 16, 1988). [Dubose and Bernstein, 2006, pp. 82]

Entity Tags: Oliver North, National Security Council

Timeline Tags: Iran-Contra Affair

Lieutenant Colonel Oliver North, a key figure in the Iran-Contra scandal (see February 1989), is convicted of three counts of falsifying and destroying documents (see November 21-25, 1986 and March 16, 1988), of obstructing a Congressional investigation, and of illegally receiving a gift of a security fence around his home. He is acquitted of nine other counts. Though facing up to ten years in prison and a $750,000 fine, North receives an extremely lenient sentence: three years’ suspended, two years’ probation, community service, and a $150,000 fine. He also has his Marine service pension suspended. During the trial, North admits he lied repeatedly to Congress during his testimony (see July 7-10, 1987), but says that his superiors, including National Security Adviser John Poindexter, ordered him to lie under oath. North contends that he was made a scapegoat for the Reagan administration. “I knew it wasn’t right not to tell the truth about these things,” he says, “but I didn’t think it was unlawful.” US District Court Judge Gerhard Gesell calls North a “low-ranking subordinate who was carrying out the instructions of a few cynical superiors,” and says to North: “I believe you still lack understanding of how the public service has been tarnished. Jail would only harden your misconceptions.” North, who had been staunch in justifying his actions in the Iran-Contra hearings, now expresses remorse over his crimes, saying, “I recognize that I made many mistakes that resulted in my conviction of serious crimes… and I grieve every day.” North, who is a popular speaker with conservative organizations, can pay off his fine with six speaking engagements. Nevertheless, he says he will appeal his conviction. [BBC, 7/5/1989; New York Times, 9/17/1991] North’s conviction will indeed be overturned by an appeals court (see September 17, 1991).

Entity Tags: John Poindexter, Reagan administration, Oliver North, Gerhard Gesell

Timeline Tags: Iran-Contra Affair

Richard Barlow, an analyst who has repeatedly insisted that Pakistan has a nuclear weapons program (see July 1987 or Shortly After and Mid-1989), is fired from his position at the Pentagon. Barlow will later say, “They told me they had received credible information that I was a security risk.” When he asks why he is thought to be a security risk, “They said they could not tell me as the information was classified,” but “senior Defense Department officials” are said to have “plenty of evidence.” His superiors think he might leak information about Pakistan’s nuclear program to congressmen in favor of the non-proliferation of nuclear weapons. He spends the next eighteen months in the Pentagon personnel pool, under surveillance by security officers. Apparently, I. Lewis “Scooter” Libby and two officials who work for Undersecretary of Defense for Policy Paul Wolfowitz are involved in the sacking. It is also rumored that Barlow is a Soviet spy. Barlow’s conclusions about Pakistan’s nuclear program are unpopular with some, because if the US admitted the nuclear program existed, this would lead to a break between the US and Pakistan and endanger US aid to the anti-Soviet mujaheddin and US arms sales (see August 1985-October 1990 and August-September 1989). After he is fired, rumors are started saying that Barlow is a tax evader, alcoholic, adulterer, and in psychiatric care. As his marriage guidance counseling is alleged to be cover for the psychiatric care, the Pentagon insists that investigators be allowed to interview his marriage guidance counselor. Due to this and other problems, his wife leaves him and files for divorce. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will later be exonerated by various investigations (see May 1990 and Before September 1993).

Entity Tags: Paul Wolfowitz, Pakistan, US Department of Defense, Lewis (“Scooter”) Libby, Richard Barlow

Timeline Tags: A. Q. Khan's Nuclear Network

Valerie Plame, a young CIA case officer (see Fall 1985), begins her first tour of foreign duty in Athens, Greece. She will remain there for three years, functioning out of the US Embassy under diplomatic cover as, primarily, a recruiter of foreign nationals to serve as CIA assets. Athens is a beautiful but dangerous assignment, with the radical leftist group known as “November 17” having killed a number of US officials over the past years, including CIA station chief Richard Welch in 1975. Plame’s station chief, Doug Smith, will remember her as an ambitious agent who worked hard: “It’s rare that someone on a first tour does a really wonderful job. She did well.” Her deputy station chief, who only allows himself to be identified as “Jim,” will add that he has “a very high opinion of Valerie” and the caliber of her work. [Wilson, 2007, pp. 319-321]

Entity Tags: Doug Smith, Central Intelligence Agency, Valerie Plame Wilson, “Jim” (CIA case officer)

Timeline Tags: Niger Uranium and Plame Outing

A lawsuit against the FBI’s investigation of a sixth-grade boy and his school project to create an “encyclopedia of the world” is stopped when an appeals court rules that the agency is shielded by the “state secrets” privilege (see March 9, 1953). Unable to secure information from the FBI as to why it investigated him, the child had therefore “failed to sustain his burden of proof [and] the cause of action was properly dismissed.” [Siegel, 2008, pp. 197]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Joseph Wilson and Saddam Hussein, during their August 6 meeting.Joseph Wilson and Saddam Hussein, during their August 6 meeting. [Source: Joseph Wilson / New York Times]Deputy Chief of Mission Joseph Wilson, the ranking US diplomat in Baghdad (see July 31, 1990 and August 1-2, 1990), is admitted to an unexpected and impromptu meeting with Saddam Hussein. Wilson, determined not to let Hussein get the better of him in front of the Iraqi photographers present at the meeting, refuses to do anything that could be construed as bowing to Hussein (an effect Hussein is known to strive to create with his “guests”) and is careful not to laugh for fear a picture could be taken out of context by Iraqi propagandists. As Wilson will later recall, “It dawned on me that the last thing in the world that I wanted to be beamed around the world was a picture of me yukking it up with Saddam Hussein.” Hussein proposes a solution to the Iraq-Kuwait conflict, involving the US giving its blessing to Iraq’s annexation of Kuwait (see August 2-4, 1990) and in return promising to provide cheap oil to the US from Iraqi and Kuwaiti oil fields. He also promises not to strike against Saudi Arabia unless that country allows itself to be used as a launching pad for a strike against Iraq. If the US reacts militarily to the invasion, Hussein says, then the US will be responsible for the “spilling of the blood of ten thousand soldiers in the Arabian desert.” Wilson will later write, “There it was then, the carrot of cheap oil coupled with the stick of dead American soldiers.” Wilson, in turn, presses for Hussein to allow foreign citizens in general, and American citizens in particular, to leave Iraq immediately (see August 4, 1990). Hussein asks if such a request indicates that the US is planning to launch its own military response; Wilson responds that he knows nothing of any such plans, but that he intends “to be here so long as there is a role for diplomats to play in resolving this situation peacefully.” The meeting adjourns with nothing being agreed upon; Wilson has no power to negotiate on behalf of the US, Wilson does not trust Hussein to keep any such bargains, and most importantly, the US has not shown any indication of any willingness to allow Hussein to stay in Kuwait. [Vanity Fair, 1/2004; Wilson, 2004, pp. 118-123]

Entity Tags: Saddam Hussein, Joseph C. Wilson

Timeline Tags: Events Leading to Iraq Invasion

As tensions escalate between the US and Iraq, Iraqi officials circulate a note to all the embassies in Baghdad, directing them to register all of the civilians in their care with the authorities. Failure to comply can result in execution, the note implies. Such registration can only be done in person at Iraqi governmental offices; Deputy Chief of Mission Joseph Wilson, the ranking US diplomat in Baghdad, knows that bringing American citizens in for registration may well result in those Americans being taken hostage. He is housing some 60 Americans at the ambassador’s residence for their protection. He will later write: “It was clearly a way for the Iraqis to replenish their stock of hostages. The choice, theoretically, was either to turn over Americans or to defy the note and risk execution.” Instead of making the choice, Wilson uses the order to publicly defy the Iraqis. He schedules a press conference and has a Marine make him a hangman’s noose. Wearing the noose, he tells reporters that if Saddam Hussein “wants to execute me for keeping Americans from being taken hostage, I will bring my own f_cking rope.” The press conference, like all of the embassy press conferences, is off the record, but journalists release the story anyway. A garbled, erroneous version from a French news outlet has the Iraqis planning to hang Wilson by sundown. Iraqi Foreign Minister Tariq Aziz, angered and embarrassed by the press coverage, attempts to dress down Wilson that evening, but Wilson refuses to back down. Instead, the Iraqis withdraw the request. Soon after, President Bush sends Wilson a cable lauding his courage and his outspokeness (see November 29, 1990). [Wilson, 2004, pp. 153-154; Unger, 2007, pp. 311] Conservative columnist Robert Novak co-writes a piece about Wilson that says, “He shows the stuff of heroism.” Novak will later reveal the covert CIA status of Wilson’s wife, Valerie Plame Wilson, as an act of political retaliation (see July 14, 2003). [Wilson, 2004, pp. 153-154]

Entity Tags: Tariq Aziz, Joseph C. Wilson, Robert Novak, Saddam Hussein, George Herbert Walker Bush

Timeline Tags: Events Leading to Iraq Invasion, US-Iraq 1980s

The ranking US diplomat in Baghdad, Joseph Wilson, has a breakthrough in his relentless efforts to win the freedom of the 120 or so American hostages being held by Iraq (see August 17-23, 1990). Wilson meets an Arab journalist who has considerable influence in the Gulf region. He tells her that President Bush has already concluded, in his opinion, that the loss of the hostages as a result of an American invasion would be lamentable but not enough to deter military action against Iraq. Therefore, Saddam Hussein is “deluding himself” if he thinks the hostages will prevent the US from launching an attack against Iraqi forces in Kuwait. The other side of the coin, he tells the journalist, is that if something untoward does happen to the hostages, “American anger might be such that the president would be forced to go to war to avenge that mistreatment.” It is wholly to Hussein’s benefit to release the hostages, Wilson argues. Ten days after that lunch, Wilson receives the minutes from a meeting between Algerian Foreign Minister Sid Ahmed Ghozali and the US Ambassador to Algeria, Chris Ross, in which Ghozali echoes Wilson’s message almost verbatim. Wilson later writes, “I was certain that my contact had been speaking to other Arab leaders, and I saw that the thesis was gaining some traction. It would soon get back to Saddam from Arab interlocutors. It did not matter how many times I told the Iraqis the risks they ran—they expected me to say it. But when a fellow Arab said the same thing, it would have far greater impact.” [Wilson, 2004, pp. 164-165]

Entity Tags: Sid Ahmed Ghozali, Chris Ross, George Herbert Walker Bush, Joseph C. Wilson, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

A US appellate court refuses to find a number of military contractors liable in the death of Earl Patton Ryals, who died with 36 of his fellow crewmen in the Iraqi attack on the USS Stark (see May 17, 1987 and After). Ryals’s estate claims that he and his fellows died in part because of negligence on the part of the contractors who designed, manufactured, tested, and marketed the weapons system on board the Stark, including the Phalanx anti-missile system. In turning down the estate’s claim, the court cites the government’s “state secrets” privilege (see March 9, 1953), saying that the facts of the issue could not be resolved without examining classified Navy documents. And even without this reason, the court rules, Ryals’s estate cannot see the documents because the case presents “a political question” about military decision-making that is not subject to judicial review. [Zuckerbraun v. General Dynamics Corp., 6/13/1991; Siegel, 2008, pp. 197-198] A year later, a similar case will be dismissed on the grounds that a trial might conceivably reveal “state secrets” (see September 16, 1992).

Entity Tags: Earl Patton Ryals, US Department of the Navy

Timeline Tags: Civil Liberties

Former Assistant Secretary of State Elliott Abrams, facing multiple counts of lying under oath to Congress about, among other things, his knowledge of the US government’s involvement in the resupply operation to the Nicaraguan Contras (see October 10-15, 1986), his knowledge of the role played by former CIA agent Felix Rodriguez in the resupply (see December 17, 1986), and his knowledge of third-party funding of the Nicaraguan Contras (see November 25, 1986), agrees to plead guilty to two misdemeanor charges of withholding evidence from Congress. Abrams agrees to the plea after being confronted with reams of evidence about his duplicity by investigators for special prosecutor Lawrence Walsh as well as from testimony elicited during the House-Senate investigation of 1987 (see July 7-10, 1987) and the guilty plea and subsequent testimony of former CIA agent Alan Fiers (see July 17, 1991). Abrams pleads guilty to two counts of withholding information from Congress, to unlawfully withholding information from the Senate Foreign Relations Committee and the House Intelligence Committee, and admits lying when he claimed that he knew nothing of former National Security Council official Oliver North’s illegal diversion of government funds to the Contras (see December 6, 1985, April 4, 1986, and November 25-28, 1986). Abrams says that he lied because he believed “that disclosure of Lt. Col. [Oliver] North’s activities in the resupply of the Contras would jeopardize final enactment” of a $100 million appropriation pending in Congress at the time of his testimony, a request that was narrowly defeated (see March 1986). Abrams also admits to soliciting $10 million in aid for the Contras from the Sultan of Brunei (see June 11, 1986). [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993]

Entity Tags: Elliott Abrams, Alan Fiers, Contras, Felix Rodriguez, House Intelligence Committee, Senate Foreign Relations Committee, Lawrence E. Walsh

Timeline Tags: Iran-Contra Affair

Fall 1992 - 1996: Plame Becomes CIA ‘NOC’

Valerie Plame, a young CIA case officer working in the Europe Division at the agency’s Directorate of Operations following a tour in Greece (see Fall 1985 and Fall 1989), decides on a risky career move—becoming a NOC, or Nonofficial Covered Officer. As reporter Laura Rozen will later explain: “Becoming a NOC would require Plame to erase all visible connections to the US government, while, with the help of the agency’s Office of Central Cover, developing and inhabiting a plausible new private sector career and professional identity that would serve as useful cover for her to meet and develop potential sources of intelligence value to the agency without revealing herself as an agent of the US government. It also meant giving up the protection of diplomatic status should her covert activities be discovered.” “A NOC has no overt affiliation with the US government,” Plame will later write. “If he was caught, the United States would deny any connection.” The CIA accepts her as a NOC candidate, and in order to distance herself from her former association with her former “cover” career as a junior State Department officer in Athens, Plame begins pursuing double graduate degrees in international affairs and European studies. She studies at both the London School of Economics and at the College of Europe in Bruges, Belgium, where the entire curriculum is taught in French. By 1996 she is ensconced in an apartment in Brussels, where she begins a “career” as an energy executive and secret NOC. She has a far wider range of potential contacts within the corporate world as an apparent private citizen, and her new assignment introduces her to the world of weapons proliferation, WMD, counternarcotics, economic intelligence, technological developments, and counterterrorism. [Wilson, 2007, pp. 332-333]

Entity Tags: Laura Rozen, College of Europe, US Department of State, Central Intelligence Agency, Valerie Plame Wilson, London School of Economics

Timeline Tags: A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

A federal appeals court upholds the dismissal of a lawsuit filed on behalf of 23 Navy sailors killed in the attack on the USS Stark (see May 17, 1987 and After) against a number of defense contractors. A similar lawsuit on behalf of one of the sailors killed in the attack was dismissed a year before (see June 13, 1991). This time the plaintiffs file over 2,500 pages of unclassified documentary evidence supporting their claims that the contractors were negligent in their design and implementation of the weapons systems aboard the Stark. The appeals court finds that regardless of the amount of evidence entered, to allow the trial would be to potentially infringe on the US government’s “state secrets” privilege (see March 9, 1953). “[N]o amount of effort could safeguard the privileged information,” the court rules. The court adds that “classified and unclassified information cannot always be separated, and therefore courts must restrict access not only to classified material, but to “those pieces of evidence” that “press so closely upon highly sensitive material that they create a hgh risk of inadvertent or indirect disclosures.” [Siegel, 2008, pp. 198]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Iran-Contra Affair

The United States begins a practice known as “rendition,” the official purpose of which is to bring suspected foreign criminals to justice. Suspects detained abroad are “rendered” to courts in the United States or other countries. In some cases they are transferred to countries with poor human rights records and tortured. Some are convicted, even put to death, without a fair trial. [Washington Post, 1/2/2005, pp. A01] The frequency of renditions will increase dramatically after the September 11 attacks (see After September 11, 2001). [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01]
Gore: "Go Grab His Ass" - The policy is proposed by Richard Clarke, head of the Counterterrorism Security Group, who is aware of a suspect he wants to have rendered. However, White House Counsel Lloyd Cutler opposes the policy, saying it violates international law, and demands a meeting with President Clinton to explain the issue to him. Clinton appears favorable to Cutler’s arguments, until Vice President Al Gore returns from a foreign trip. Gore listens to a recap of the arguments and comments: “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.” However, the first operation fails.
Comment by Clarke - Clarke will later write: “We learned that often things change by the time you can get a snatch team in place. Sometimes intelligence is wrong. Some governments cooperate with the terrorists. It was worth trying, however, because often enough we succeeded.” [Clarke, 2004, pp. 144]

Entity Tags: Richard A. Clarke, William Jefferson (“Bill”) Clinton, Albert Arnold (“Al”) Gore, Jr., Lloyd Cutler

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The “Blind Sheikh,” Sheikh Omar Abdul-Rahman, is arrested in Brooklyn after a long stand off. The “Landmarks” plot was rolled up on June 24, 1993, and many of Abdul-Rahman’s close associates were arrested on that day (see June 24, 1993). But Abdul-Rahman moved to the Abu Bakr mosque and stayed there. His presence in a mosque and the many supporters that gathered to surround it makes his arrest difficult. But after long negotiations, on July 3, 1993, he is arrested on immigration charges and taken to prison. [New York Times, 7/3/1993] He will later be charged with a role in the “Landmarks” plot and eventually sentenced to life in prison. [New York Times, 1/18/1996]

Entity Tags: Abu Bakr Mosque, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

Sheila E. Witnall, the secretary of the Air Force, declassifies all Air Force accident reports prior to January 25, 1956. The declassification includes the 1948 crash of the B-29 bomber that killed nine of 13 crew members during a secret “Project Banshee” mission (see October 6, 1948). The formerly classified reports had been at the heart of the case of US v Reynolds (see March 9, 1953) that sparked the so-called “state secrets” privilege. Four years after the declassification, the daughter of one of the slain civilians on board, Judy Palya Loether, finds the accident report on the Internet; the discovery spurs her to begin looking into the circumstances of her father’s death, and ultimately will result in a second lawsuit being filed on behalf of the families of the slain crewmen (see February 26, 2003). [Siegel, 2008, pp. 205-208]

Entity Tags: Project Banshee, Sheila E. Witnall, Judy Palya Loether, US Department of the Air Force

Timeline Tags: Civil Liberties

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

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

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

An unnamed high-ranking State Department official helps a nuclear smuggling ring connected to Pakistani nuclear scientist A. Q. Khan and Pakistan’s ISI to plant “moles” in US military and academic institutions that handle nuclear technology, according to FBI translator Sibel Edmonds. Edmonds will later leave the FBI, becoming a whistleblower, and say she knows this based on telephone conversations she translated shortly after 9/11. The moles, mostly Ph.D students, are planted by Turkish and Israeli elements in the network, which obtains nuclear technology for Pakistan’s nuclear weapons program and for re-sale by Khan. Edmonds will later say she thinks there are several transactions of nuclear material every month: “I heard at least three transactions like this over a period of 2½ years. There are almost certainly more.” She will also say that the network appears to obtain information “from every nuclear agency in the United States.” The State Department official apparently arranges security clearance for some of the moles, enabling them to work in sensitive nuclear research facilities, including the Los Alamos nuclear laboratory in New Mexico, which is responsible for the security of the US nuclear deterrent. [Sunday Times (London), 1/6/2008] The high-ranking State Department official who is not named by Britain’s Sunday Times is said to be Marc Grossman by both Larisa Alexandrovna of Raw Story and former CIA officer Philip Giraldi, writing in the American Conservative. [Raw Story, 1/20/2008; American Conservative, 1/28/2008; American Conservative, 11/1/2009]

Entity Tags: US Department of State, Sibel Edmonds, Philip Giraldi, Larisa Alexandrovna, Marc Grossman, Pakistan Directorate for Inter-Services Intelligence, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

Former US ambassador Joe Wilson and CIA officer Valerie Plame meet for the first time at a reception held at the Turkish ambassador’s residence. Wilson is a political adviser to the Commander in Chief of the US Armed Forces in Europe. Plame describes herself as an “energy executive living in Brussels.” Wilson and Plame will marry a year later and will become involved in the “Plame Affair,” when Plame’s affiliation with the CIA is disclosed in the media (see July 14, 2003). After her marriage, Plame will generally be referred to by the name Plame Wilson. Wilson, who is accompanied by General James Jamerson, is there to receive an award from the American-Turkish Council. The reason for Plame’s presence there is not known. [Wilson, 2004, pp. 239-242, 273] However, the American-Turkish Council will later be said to be involved in the smuggling of nuclear weapons material to Turkey and other countries (see Late 1990s-Early 2001 and Mid-Late 1990s), and Plame’s job at the CIA is in its non-proliferation section (see Late February 1999), so she may be there for operational reasons. [Sunday Times (London), 1/6/2008; Sunday Times (London), 1/27/2008]

Entity Tags: James Jamerson, American-Turkish Council, Valerie Plame Wilson, Joseph C. Wilson

Timeline Tags: A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

CIA officer Valerie Plame Wilson uses the front company Brewster Jennings & Associates as cover for work against the nuclear proliferation network run by Pakistani scientist A. Q. Khan. Details of what exactly she does and whether other CIA officers use it as cover are not known. However, she is said to pose as an “oil consultant” and the company is also said to be involved in alternative energy in some way. [Sunday Times (London), 1/27/2008] According to former CIA officer Vincent Cannistraro, her specialty in the agency’s nonproliferation center is biological, chemical and nuclear weapons, and “recruiting agents, sending them to areas where they could access information about proliferation matters, weapons of mass destruction.” [New York Daily News, 1/27/2008] Plame Wilson makes a donation of $1,000 to Al Gore’s election campaign in 1999 giving the company’s name as her employer, and also lists it as her employer on her 1999 tax forms. [Sunday Times (London), 1/27/2008]

Entity Tags: Vincent Cannistraro, Brewster Jennings & Associates, Central Intelligence Agency, Valerie Plame Wilson

Timeline Tags: A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

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

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

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

The “Team B” intelligence analysis exercise of 1975, which so disastrously overestimated the Soviet threat (see November 1976), returns in the form of the “Rumsfeld Commission,” which issues its report this month. Conservative commentators and former participants have called for a second “Team B”-style competitive intelligence analysis ever since the fall of the Berlin Wall (see 1990, 1994, and 1996). The “Commission to Assess the Ballistic Missile Threat to the United States” (see July 15, 1998), led by former Defense Secretary Donald Rumsfeld, is packed with conservative and neoconservative hardliners much as the original Team B cadre was; it includes some former Team B members such as former Pentagon official Paul Wolfowitz. Like the original Team B, the Rumsfeld Commission challenges CIA estimates of foreign military threats; like the original Team B, the Rumsfeld Commission wildly overestimates the impending threat from countries such as Iran and North Korea, both of which it judges will be capable of striking the US with nuclear weapons in five years or perhaps less. The original Team B findings impelled thirty years of full-bore military spending by the US to counter a Soviet threat that was fading, not growing; the Rumsfeld Commission’s equally alarmist findings impels a new push for spending on the so-called “Star Wars” ballistic missile defense system (see March 23, 1983). Conservative activist Phyllis Schlafly will observe that the Rumsfeld Commission’s report “provided Congress with enough talking points to win the argument [on missile defense] both in the strategic arena and in the 20-second soundbite television debates.” Former State Department intelligence analyst Greg Thielmann will later observe, “time has proven Rumsfeld’s predictions dead wrong.” Author and professor Gordon R. Mitchell will write that the second “Team B” exercise shows “that by 1998, Rumsfeld and Wolfowitz had honed the art of intelligence manipulation through use of competitive intelligence analysis. Retrospective assessments revealing serious flaws in the Team B work products came long after political officials had already converted the alarmist reports into political support for favored military policies.” [Quarterly Journal of Speech, 5/2006 pdf file]

Entity Tags: Strategic Defense Initiative, ’Team B’, Central Intelligence Agency, Commission to Assess the Ballistic Missile Threat to the United States, Donald Rumsfeld, Gordon R. Mitchell, Phyllis Schlafly, Paul Wolfowitz, Greg Thielmann

Timeline Tags: Neoconservative Influence

El Shifa Plant in Sudan.El Shifa Plant in Sudan. [Source: US government]The US fires 66 missiles at six al-Qaeda training camps in Afghanistan and 13 missiles at a pharmaceutical factory in Khartoum, Sudan, in retaliation for the US embassy bombings. [Washington Post, 10/3/2001] The US insists the attacks are aimed at terrorists “not supported by any state,” despite obvious evidence to the contrary. The Sudanese Al Shifa factory is hit in the middle of the night when it is unoccupied. Intelligence will later suggest that the factory had no links to bin Laden (see September 23, 1998). Between six and 30 people are killed in the Afghanistan attacks. But no important al-Qaeda figures die. [Observer, 8/23/1998; New Yorker, 1/24/2000; Wright, 2006, pp. 285] At least one of the missiles accidentally landed inside Pakistan and Pakistan may have been able to build their own cruise missile from examining the remains. There are additional reports that bin Laden was able to sell unexploded missiles to China for more than $10 million. [Wright, 2006, pp. 285] President Clinton is soon widely accused of using the missile strike to distract the US public from a personal sex scandal (see August 17-Late August 1998).

Entity Tags: Al-Qaeda, Clinton administration

Timeline Tags: Complete 911 Timeline

Richard Barlow, a former intelligence analyst who was repeatedly fired for correctly claiming that Pakistan had a nuclear weapons program (see 1981-1982, August 1987-1988 and August 4, 1989), is awarded a total of $1 million by President Bill Clinton in compensation for the treatment he received. However, Barlow does not receive the money, as the settlement has to be ratified by Congress. When it runs into procedural problems, it is moved to the Court of Federal Claims to be reviewed. After Clinton is replaced by George W. Bush, CIA Director George Tenet and NSA Director Michael Hayden assert the government’s “state secrets privilege” (see March 9, 1953) over Barlow’s entire legal claim, causing it to collapse due to lack of evidence. [Guardian, 10/13/2007]

Entity Tags: William Jefferson (“Bill”) Clinton, Richard Barlow, National Security Agency, Michael Hayden, Court of Federal Claims, Central Intelligence Agency, George J. Tenet

Timeline Tags: A. Q. Khan's Nuclear Network

Wissam al-Zahawie, Iraq’s ambassador to the Vatican, sets off on a trip to several African countries as part of an effort to convince African heads of state to visit Iraq. Saddam Hussein hopes that these visits will help break the embargo on flights to Iraq and undermine the UN sanctions regime. Zahawie’s first stop is Niger, where he meets with the country’s President Ibrahim Bare Mainassara for one hour. Mainassara promises that he will visit Baghdad the following April. (He is assasinated before he has an opportunity to do this.) [Sunday Herald (Glasgow), 7/13/2003; Independent, 8/10/2003; Time, 10/2/2003; New Yorker, 10/27/2003] In early 2002, the Italian military intelligence service, SISMI, will allege in a report (see February 5, 2002) sent to the US that the motive behind the visit is to discuss the future purchase of uranium oxide, also known as “yellowcake” (see October 15, 2001). [New Yorker, 10/27/2003] However, no one at this time suggests that the trip’s motives have anything to do with acquiring uranium. Zahawie’s trip is reported in the local newspaper as well as by a French news agency. The US and British governments are aware of the trip and show no concern about Niger, which is actively seeking economic assistance from the United States. [New Yorker, 10/27/2003] In 2003, al-Zawahie will tell British reporters: “My only mission was to meet the president of Niger and invite him to visit Iraq. The invitation and the situation in Iraq resulting from the genocidal UN sanctions were all we talked about. I had no other instructions, and certainly none concerning the purchase of uranium.” [Independent, 8/10/2003]

Entity Tags: Wissam al-Zahawie, Ibrahim Bare Mainassara

Timeline Tags: Niger Uranium and Plame Outing

Yellowcake.Yellowcake. [Source: CBC]Pakistani nuclear scientist A. Q. Khan takes a trip to West Africa. Ostensibly, he is going to oversee the construction of the Hendrina Khan Hotel in Timbuktu, Mali, which he bought the year before and is named after his wife, but it is believed that is just a cover for nuclear-related business. He spends several days in Khartoum, Sudan, where he is spotted touring the al-Shifa factory, bombed by the US the year before in response to al-Qaeda bombings in Africa (see August 20, 1998). In 2006, intelligence sources in India and Israel will claim that Khan actually partly owns the factory. Khan then travels to N’Djamena, the capital of Chad, Timbuktu in Mali, and Niamey, the capital of Niger. Niger has considerable uranium deposits and had been a major supplier of yellowcake uranium to Pakistan in the 1970s. Khan returns to Sudan, where he meets with the Sudanese president, and then returns to Pakistan. He is accompanied by his top nuclear aides and a number of Pakistani generals, and all expenses on the trip are paid for by the Pakistani government.
CIA Investigates Khan Trip - CIA undercover agent Valerie Plame Wilson learns about the trip, and the CIA is so concerned that it launches an investigation, especially to find out if Khan could be buying yellowcake from Niger. Plame Wilson’s husband Joseph Wilson, a former National Security Council official and US ambassador to the nearby country of Gabon who has close ties to important politicians in Niger, and who who has just set up a private consulting firm with a focus on advising clients who want to do business in Africa, is approached by officials from the CIA’s National Resources Division (NR) to visit Niger. The agency asks Wilson, who already has a business trip planned to West Africa, to find out what he can about Khan’s trip.
Illicit Uranium Sales Highly Unlikely - Wilson concludes that illicit uranium sales are very unlikely since the French government tightly controls Niger’s uranium mines and uranium sales. However, Khan’s trip does raise concern that he could be working with Osama bin Laden, because of his interest in the al-Shifa factory in Sudan, and because of intelligence that the hotel he owns in Timbuktu was paid for by bin Laden as part of a cooperative deal between them. The CIA writes and distributes a report on the trip. (In 2004, the Senate Intelligence Committee will erroneously conclude that the CIA did not distribute the Wilson-Niger report—see July 9, 2004.) Wilson will keep this trip secret, even refusing to mention it in his 2004 memoir The Politics of Truth, presumably because he signed a confidentiality agreement with the CIA. In 2002, he will return to Niger to investigate if Saddam Hussein could be buying uranium in Niger (see February 21, 2002-March 4, 2002). That will lead to the eventual outing of his wife Plame Wilson’s status as a CIA agent. [Levy and Scott-Clark, 2007, pp. 283-285, 516; Wilson, 2007, pp. 358-360]

Entity Tags: Valerie Plame Wilson, Abdul Qadeer Khan, Osama bin Laden, Joseph C. Wilson

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

Valerie Plame Wilson, a covert CIA agent (see Fall 1992 - 1996) posing as an energy executive, lists “Brewster-Jennings & Assoc.” as her employer when making a $1,000 donation to the presidential campaign of Al Gore (D-TN). “Brewster Jennings” will later be revealed to be a CIA front company (see October 3, 2003). [FactCheck (.org), 7/22/2005; Chicago Tribune, 3/11/2006]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, Brewster Jennings

Timeline Tags: Niger Uranium and Plame Outing

Former President George H. W. Bush, a former director of the CIA, speaks at the dedication ceremony of the new intelligence center bearing his name. In the course of his speech, Bush says: “We need more human intelligence. That means we need more protection for the methods we use to gather intelligence and more protection for our sources, particularly our human sources, people that are risking their lives for their country.… I have nothing but contempt and anger for those who betray the trust by exposing the name of our sources. They are, in my view, the most insidious, of traitors.” [Central Intelligence Agency, 4/26/1999] These remarks will later be unearthed in conjunction with the White House’s leaking of the identity of covert CIA agent Valerie Plame Wilson (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), and the publication of her name and status by conservative columnist Robert Novak (see July 14, 2003).

Entity Tags: George Herbert Walker Bush, Bush administration (43), Robert Novak, Central Intelligence Agency, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

A businessman reportedly approaches Nigerien Prime Minister Ibrahim Mayaki and insists that he meet with an Iraqi delegation to discuss “expanding commercial relations” between Niger and Iraq. Mayaki reportedly interprets “expanding commercial relations” to mean that Iraq is interested in discussing uranium sales. According to Mayaki, he does meet the delegation but avoids discussion of trade issues because of UN sanctions on the country. They reportedly never discuss what the businessman had meant when he said Iraq was interested in “expanding commercial relations.” [US Congress, 7/7/2004] A US embassy official later tells former ambassador Joseph Wilson, who himself will visit Niger to determine the facts behind American concerns that Iraq is attempting to secure Nigerien uranium (see Fall 1999), that Mayaki is extremely wary of dealing with Iraq, and keeps the conversations on very general levels. The Iraqi may have wanted to discuss uranium, the embassy official later recalls, but nothing is ever said on the subject. Wilson later learns from the official that Mayaki speaks to the Iraqi information minister, Muhammad Saeed al-Sahhaf, disparagingly called “Baghdad Bob” by the Americans. At the time, Wilson is not aware of the Iraqi’s identity, so he does not include the name in his report to the CIA. [Wilson, 2004, pp. 27-28] Alan Foley, the director of the CIA’s Nonproliferation Center (see February 5, 2003), will later tell a reporter that an item in Wilson’s report (see March 4-5, 2002) leads him to believe that there may be some truth to the Iraq-Niger allegations. Writing about Foley’s assertion in 2004, Wilson says he believes that Foley is referring to the 1999 conversation between the embassy official and al-Sahhaf. Wilson will ask, “Could it be that we went to war over a conversation in which the word ‘uranium’ was not spoken at all?” The Nigerien official later tells Wilson that he wondered if al-Sahhaf might have intended to ask about a possible uranium deal in subsequent conversations. “Was that the smoking gun that could supposedly have become a mushroom cloud?” Wilson will ask. “And so is it possible that, because of that non-conversation, [thousands of] Americans have been killed, and [billions] of national treasure spent?” [Wilson, 2004, pp. 424]

Entity Tags: Muhammad Saeed al-Sahhaf, Joseph C. Wilson, Ibrahim Mayaki, Alan Foley

Timeline Tags: Niger Uranium and Plame Outing

Former ambassador Joseph Wilson, who has spent much of his political career representing the US in West Africa, visits Niger at the behest of the CIA to investigate what a Senate investigation (see July 9, 2004) will later call “uranium-related matters.” Wilson is chosen in part because his wife, covert CIA official Valerie Plame Wilson, suggested that since he was going to Niger on business in the near future, he “might be willing to use his contacts in the region” to obtain information. The CIA is interested in a meeting between Niger’s former prime minister, Ibrahim Mayaki, and a delegation from Iraq to discuss “expanding commercial relations” between the two nations. Wilson will later say that the subject of uranium never comes up in a meeting he has with Mayaki (see May 2, 2004). However, CIA analysts will interpret Wilson’s information to mean that Mayaki “interpreted ‘expanding commercial relations’ to mean that the [Iraqi] delegation wanted to discuss uranium yellowcake sales.” The CIA will believe that Wilson’s report bolsters its own suspicions that Iraq is attempting to buy yellowcake uranium from Niger. An intelligence officer will later report that Mayaki indicated that the Iraqis had expressed an interest in buying uranium from Niger. [FactCheck (.org), 7/26/2004; FactCheck (.org), 7/22/2005]

Entity Tags: Ibrahim Mayaki, Central Intelligence Agency, Valerie Plame Wilson, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

NSA servers used to collect and sift data.NSA servers used to collect and sift data. [Source: FrancesFarmersRevenge.com]The National Security Agency (see 1952) begins building a massive data-mining system, code-named “Trailblazer,” that is intended to sift through reams of digital communications intercepts and find nuggets of information relevant to national security. The program’s task is huge—to sort through the 2 million bits of data the NSA collects every hour—and one made even more complex by the relatively new types of wireless, Internet, cell phone, and instant messaging communications now becoming ever more commonplace. Trailblazer is strongly embraced by General Michael Hayden, who became the NSA’s director in March 1999. Hayden recognizes from the outset that the NSA is years behind the technological curve, and casts Trailblazer as the future of the agency’s intelligence gathering and sorting. In November 1999, Hayden makes Trailblazer the centerpiece of his “100 Days of Change,” his plan to transform the agency into a leaner, more efficient organization, fast-tracking the program to vault it ahead of other initiatives. “It was going to structure us to handle the digital revolution,” a former intelligence official will recall. But from the outset the program has problems: a meeting between NSA and other government officials in December 1999 is unpromising, and, according to one government oversight official, the program “kicked off with not a real great definition of what it was trying to achieve.” Program managers fail to define standard data formats to allow for the proper sorting of information. After six years, $1.2 billion in expenditures, and endless man-hours of work, the utterly failed program will be recognized as the “biggest boondoggle… in the intelligence community” (see January 2006). [Baltimore Sun, 1/29/2006]

Entity Tags: Trailblazer, National Security Agency, Michael Hayden

Timeline Tags: Civil Liberties

The US and Germany miss an opportunity to uncover the 9/11 plot through the arrest of Mohamedou Ould Slahi, an al-Qaeda operative tied to millennium attacks and the Hamburg al-Qaeda cell. Slahi lived in Duisburg, Germany for most of the 1990s and apparently US and German intelligence began monitoring him there around the start of 1999 due to his communications with his cousin, al-Qaeda leader Mahfouz Walad Al-Walid. In 1999 he had repeated contact with members of the Hamburg al-Qaeda cell and helped some of the 9/11 hijackers travel to Afghanistan. US investigators will later allege he also advised one militant to “travel to the United States to take part in the planned [9/11] attacks” (see 1999). In November 1999, Slahi moves to Canada and is seen with associates of Ahmed Ressam, who is planning to bomb the Los Angeles airport. US officials will later believe that Slahi went to Canada to activate Ressam’s cell. [Los Angeles Times, 4/24/2006] After Ressam is arrested in mid-December 1999 (see December 14, 1999), Slahi is monitored closely. He is arrested in Senegal after flying there in mid-January 2000. Transfered to his home country of Mauritania, he is interrogated by FBI officials. [New York Times, 1/29/2000; Agence France-Presse, 2/20/2000; Los Angeles Times, 4/24/2006] In early February 2000, Newsweek will report, “The key link in the chain connecting bin Laden to Ahmed Ressam—and an alleged New Year’s bomb plot in the United States—may be Mohamedou Ould Slahi.” [Newsweek, 2/7/2000] However, despite these suspicions, he is released later in February. He moves back to Germany, and is arrested and held there in April 2000 for three weeks, and then released again. He quickly returns to Mauritania. He will be arrested again shortly after 9/11. [Agence France-Presse, 2/20/2000; US Department of Defense, 4/20/2006, pp. 184-216] Despite all this interest in Slahi, his connections to the 9/11 plot and some of the 9/11 hijackers in Hamburg are apparently not made until after 9/11. He will later be sent to Guantanamo where he is reportedly subjected to harsh interrogation (see September 27, 2001).

Entity Tags: Mahfouz Walad Al-Walid, Ahmed Ressam, Mohamedou Ould Slahi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Judy Palya Loether.Judy Palya Loether. [Source: SecrecyFilm (.com)]Judy Palya Loether, the daughter of a civilian engineer killed in a 1948 plane crash while on a secret government mission (see October 6, 1948), reads over the voluminous reports of the accident that claimed her father’s life. The reports, now declassified (see January 1996), had been at the heart of a landmark lawsuit that gave judicial recognition to the government’s “state secrets” privilege (see March 9, 1953). Loether is shocked to find that the reports contain nothing that could be construed as military or tactical secrets of any kind, though for decades the government has insisted that they could not be revealed, even to a judge (see October 18, 1948, July 26, 1950, August 7-8, 1950, September 21, 1950, and October 19, 1951). What they do contain is a compendium of witness statements and expert findings that indicate a number of mistakes and errors led to the crash. Loether begins contacting the families of the widows who had filed the original lawsuit against the government (seeJune 21, 1949) to share her findings. [Siegel, 2008, pp. 210-211] Loether is confused and angered over the contents of the reports, and the government’s response to the lawsuit. She cannot understand why the government pressed so hard to keep the reports classified, knowing that they contained no sensitive information about the secret missile program, and is particularly troubled by the fact that at least two senior government officials signed affidavits affirming the reports’ inclusion of such information while knowing that the reports contained nothing of the sort. She wonders if government officials had perhaps decided to lie about the reports in order to establish some sort of state secrets privilege. In September 2002, lawyers Wilson Brown and Jeff Almeida, retained by Loether and others who lost family members in the crash, come to the same conclusion. As Almeida will say to Brown: “I’ve read this report. There’s nothing in there.” [Siegel, 2008, pp. 219] As time goes on, Loether and her colleagues files a second lawsuit seeking to overturn the first Supreme Court verdict (see February 26, 2003).

Entity Tags: Wilson Brown, Jeff Almeida, Judy Palya Loether

Timeline Tags: Civil Liberties

Mike Frost.Mike Frost. [Source: NineMSN]One of the few commercial media reports about Echelon, the NSA’s global surveillance network (see April 4, 2001), appears on CBS’s 60 Minutes. The report is disturbing in its portrayal of Echelon as a surveillance system capable of, in host Steve Kroft’s words, capturing “virtually every electronic conversation around the world.” Kroft continues, “[V]irtually every signal radiated across the electromagnetic spectrum is being collected and analyzed,” including land line and cell phone signals, ATM transactions, fax machines,public and private radio broadcasts, even baby monitors. Mike Frost, a former intelligence officer for the CSE, the Canadian equivalent of the National Security Agency which often works closely with the NSA, says, “The entire world, the whole planet” is being surveilled. “Echelon covers everything that’s radiated worldwide at any given instant.… Every square inch is covered.” Listening stations around the world transmit their data to the NSA’s headquarters at Fort Meade, Maryland, where, as Kroft says, “acres of supercomputers scan millions of transmissions word by word, looking for key phrases and, some say, specific voices that may be of major significance.” Frost adds, “Everything is looked at. The entire take is looked at. And the computer sorts out what it is told to sort out, be it, say, by key words such as ‘bomb’ or ‘terrorist’ or ‘blow up,’ to telephone numbers or—or a person’s name. And people are getting caught, and—and that’s great.” Echelon is so secret that even its successes are not publicly documented, though it is believed that, among other successes, it helped capture international terrorist “Carlos the Jackal,” and helped identify two Libyans accused of planting a bomb on PanAm Flight 103 [CBS News, 2/27/2000] which exploded over Lockerbie, Scotland in 1988, killing 270 people. [Washington Post, 12/22/1988] “I say, never over-exaggerate the capacity of a system such as Echelon,” Frost noted in a 1999 interview with the Australian press. “Never ever over-exaggerate the power that these organizations have to abuse a system such as Echelon. Don’t think it can’t happen in Australia. Don’t think it can’t happen in Canada, because it does.” [NineMSN, 5/23/1999]
Monitoring Legal Conversations - As successful as Echelon has been in capturing terrorists, international drug dealers, and various criminals, it has raised serious concerns for its capability of monitoring ordinary, innocent civilians. Frost says that such monitoring happens every day: “Not only possible, not only probable, but factual. While I was at CSE, a classic example: A lady had been to a school play the night before, and her son was in the school play and she thought he did a—a lousy job. Next morning, she was talking on the telephone to her friend, and she said to her friend something like this, ‘Oh, Danny really bombed last night,’ just like that. The computer spit that conversation out. The analyst that was looking at it was not too sure about what the conversation w—was referring to, so erring on the side of caution, he listed that lady and her phone number in the database as a possible terrorist.” Though the NSA has a long and checkered history of spying on American citizens, including extensive monitoring of antiwar and civil rights protesters during the 1970s, the agency refuses to provide any information about its activities—not to the public and not even to Congress. Congressman Bob Barr (R-GA) has for years pressed for more information about the program, which he recently said “engages in the interception of literally millions of communications involving United States citizens.” Even the chairman of the House Intelligence Committee, Porter Goss (R-FL) had trouble getting information when he requested it last year. At the time, Goss said, “[T]here was some information about procedures in how the NSA people would employ some safeguards, and I wanted to see all the correspondence on that to make sure that those safeguards were being completely honored. At that point, one of the counsels of the NSA said, ‘Well, we don’t think we need to share this information with the Oversight Committee.’ And we said, ‘Well, we’re sorry about that. We do have the oversight, and you will share the information with us,’ and they did.” Goss had to threaten to cut the NSA’s budget before the agency would share even limited information with him. When asked how he can be sure the NSA isn’t listening in on ordinary citizens’ communications, Goss merely says, “We do have methods for that, and I am relatively sure that those procedures are working very well.”
Princess Diana, Human Rights Organizations Monitored - Evidence presented in the broadcast also suggests the NSA was monitoring Princess Diana (see November 30, 1998), as well as Amnesty International, Greenpeace, and other groups (see February 27, 2000). [CBS News, 2/27/2000]
British Ministers Monitored - Frost cites an instance where then-Prime Minister Margaret Thatcher monitored two of her own ministers (see 1983).
Americans Monitored - Former NSA contractor Margaret Newsham recalls hearing a monitored conversation featuring then-Senator Strom Thurmond (see April, 1988). Frost is not surprised. “Oh, of course it goes on,” he says. “Been going on for years. Of course it goes on.” Kroft asks, “You mean the National Security Agency spying on politicians in… in the United States?” Frost replies, “Sounds ludicrous, doesn’t it? Sounds like the world of fiction. It’s not; not the world of fiction. That’s the way it works. I’ve been there. I was trained by you guys” (see 1980s). Goss seems less concerned. He says that it is “[c]ertainly possible that something like that could happen. The question is: What happened next?… It is certainly possible that somebody overheard me in a conversation. I have just been in Europe. I have been talking to people on a telephone and elsewhere. So it’s very possible somebody could have heard me. But the question is: What do they do about it? I mean, I cannot stop the dust in the ether; it’s there. But what I can make sure is that it’s not abused—the capability’s not abused, and that’s what we do.”
Used for Corporate Advantage - In 2001, the European Parliament released a report listing many of Echelon’s surveillance stations around the world and detailing their capabilities (see July 11, 2001). Kroft notes, “The report says Echelon is not just being used to track spies and terrorists. It claims the United States is using it for corporate and industrial espionage as well, gathering sensitive information on European corporations, then turning it over to American competitors so they can gain an economic advantage.”
Encryption Effective? - European governments and corporations are encrypting more and more of their phone, fax, and e-mail transmissions to keep Echelon from listening in. In response, the US government is pressuring the Europeans to give US law enforcement and intelligence agencies software keys so that they can unlock the code in matters of national security. Parliament member Glyn Ford is not opposed to the idea in principle: “[I]f we are not assured that that is n—not going to be abused, then I’m afraid we may well take the view, ‘Sorry, no.’ In [Britain], it’s traditional for people to leave a key under the doormat if they want the neighbors to come in and—and do something in their house. Well, we’re neighbors, and we’re not going to leave the electronic key under the doormat if you’re going to come in and steal the family silver.” The NSA, CSE, and even Echelon are necessary evils, Ford acknowledges, but, “My concern is no accountability and nothing—no safety net in place for the innocent people that fall through the cracks. That’s my concern.” [CBS News, 2/27/2000]

Entity Tags: Greenpeace, Wayne Madsen, Glyn Ford, Echelon, Communications Security Establishment, Central Intelligence Agency, Amnesty International, Strom Thurmond, Electronic Privacy Information Center, Steve Kroft, Princess Diana, Mike Frost, Margaret Thatcher, Margaret Newsham, National Security Agency, Robert “Bob” Barr, House Intelligence Committee, Porter J. Goss, Ilich Ramírez Sanchez

Timeline Tags: Civil Liberties

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

The NSA completes a report for the incoming Bush administration entitled “Transition 2000” that tells how the NSA is planning to improve its intelligence gathering. More importantly, it tells incoming White House officials that in the process of improving its intelligence gathering, some US citizens will inevitably be targeted for surveillance, though, according to a former NSA official, analysts were supposed to “delete the name of the” citizen being surveilled. Such inadvertent surveillance of US citizens took place even during the Clinton administration, says that former official, but the citizens’ names were always deleted from the transcripts of the communications intercepts. The law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents. (With the permission of the Foreign Intelligence Surveillance Court (FISC), the NSA can spy on diplomats and foreigners inside US borders.) An NSA official will tell the Boston Globe in October 2001, “If, in the course of surveillance, NSA analysts learn that it involves a US citizen or company, they are dumping that information right then and there.” However, once President Bush takes office in January 2001, that practice will undergo a radical change (see Spring 2001). [Truthout (.org), 1/17/2006] In the same transition report, agency officials say that the NSA must become a “powerful, permanent presence” on the commercial communications networks, a goal they admit will raise legal and privacy issues. [New York Times, 12/16/2007]

Entity Tags: Bush administration (43), National Security Agency

Timeline Tags: Civil Liberties

The Bush team moves into Washington. Neoconservative Zalmay Khalilzad heads the Pentagon transition team, and he ensures that plenty of his friends and colleagues move into the civilian offices of the Defense Department. Four of the most influential advocates for the US overthrow of Iraq’s Saddam Hussein—Elliott Abrams, Douglas Feith, Richard Perle, and Abram Shulsky—are waiting to learn where they will serve in the department. But Vice President Cheney is still concerned with ensuring the placement of his own colleagues and cronies who will help him build what many will call the “imperial presidency.” Secretary of State Colin Powell, Cheney’s ideological rival, is working to install his friend and colleague Richard Armitage as deputy secretary of defense. For Cheney, Armitage would be a calamity—although Armitage is sufficiently hardline and in line with conservative foreign policy aims, he is far too centrist for Cheney and the neoconservatives. The neoconservative magazine the Weekly Standard alerts the faithful to the potential problem with an article entitled “The Long Arm of Colin Powell: Will the Next Secretary of State Also Run the Pentagon?” Powell does not get his wish; Armitage eventually becomes deputy secretary of state. Abrams will join the National Security Council; Khalilzad, Feith, and Shulksy will join the Defense Department; and Perle will head the Defense Policy Board, an independent group that advises the Pentagon. [Weekly Standard, 12/25/2000 pdf file; Unger, 2007, pp. 115, 191-192, 204, 249]

Entity Tags: Elliott Abrams, Colin Powell, Bush administration (43), Abram Shulsky, Douglas Feith, Richard (“Dick”) Cheney, Richard Armitage, US Department of Defense, Richard Perle, Weekly Standard, Zalmay M. Khalilzad, Saddam Hussein

Timeline Tags: Neoconservative Influence

Shortly after George W. Bush is inaugurated, “[k]ey personnel, long-time civilian professionals” at the Pentagon’s Near East South Asia (NESA) desk are moved or replaced with people from neoconservative think tanks. [American Conservative, 12/1/2003; Mother Jones, 1/2004] Joe McMillan, the Office Director, is moved to a new location outside of the Pentagon, which according to Karen Kwiatkowski, who works at the NESA desk, is odd because “the whole reason for the Office Director being a permanent civilian (occasionally military) professional is to help bring the new appointee up to speed, ensure office continuity, and act as a resource relating to regional histories and policies.” [American Conservative, 12/1/2003; Mother Jones, 1/2004; Salon, 3/10/2004] Larry Hanauer, who has long been at the Israel-Syria-Lebanon desk and who is known to be “even-handed with Israel,” is replaced by David Schenker of the Washington Institute. [American Conservative, 12/1/2003; Mother Jones, 1/2004] Other veteran NESA employees who are banished include James Russell, who has served as the country director for Saudi Arabia, Kuwait and the United Arab Emirates, and Marybeth McDevitt, the country director for Egypt. [Mother Jones, 1/2004]

Entity Tags: Marybeth McDevitt, David Schenker, Larry Hanauer, James Russell, Karen Kwiatkowski, Joe McMillan

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

The NSA asks Qwest, a major US telecommunications firm and a cutting-edge provider of high-tech wireless and Internet connectivity, to reveal information about its customers and their phone calls. Qwest’s CEO, Joe Nacchio, refuses after meeting with NSA officials and deciding that the program is illegal without court orders (see February 27, 2001). The NSA refuses to seek court authorization for its wiretaps and electronic surveillance. The NSA will renew its request from Qwest after the 9/11 attacks, and will also ask the firm to help it track suspected terrorists. Other telecommunications firms such as Verizon, AT&T, and BellSouth, will comply with the NSA’s requests (see February 2001 and Beyond).
Fears of a 'Digital Pearl Harbor' - According to a former White House official, the NSA’s primary purpose before 9/11 is to watch for computer hackers and foreign-government agents trying to hack into the government’s computer information systems, particularly those within the Defense Department. Government officials fear a “digital Pearl Harbor” if hackers were ever to seize control of those systems or other key US infrastructures. The former official will say in 2007 that the NSA’s proposal to Qwest is, “Can you build a private version of Echelon and tell us what you see?” Echelon is the NSA’s enormous signals intelligence (SIGINT) network used by the agency and its counterparts in Australia, Canada, New Zealand, and Britain. Qwest is constructing a high-speed network for phone and Internet traffic, and the NSA wants Qwest to keep records of its customers’ transactions for it. The NSA, another source will say, wants to analyze call, e-mail, and other transmissions’ traffic patters for signs of suspicious activity. The White House official will say that telecom firms such as Qwest “have an enormous amount of intelligence-gathering” capability. They don’t have to target individual customers to “look for wacky behavior,” or “groups communicating with each other in strange patterns.” Such information could augment intelligence that the NSA and other agencies were gathering from other sources, and enable the NSA to collect the information it wants without violating laws prohibiting it and other intelligence agencies from directly gathering data on US citizens.
Ill Will from NSA - Nacchio’s refusal to go along with the NSA’s request garners it some ill will among the US intelligence community, the former White House official will say. Nacchio will contend that because of his refusal, the NSA denied Qwest a lucrative government contract. A former high-level intelligence official will add that other telecom companies had little problem agreeing to the NSA’s requests. Nacchio believes that the NSA’s request is illegal under the Telecommunications Act without court orders; the former White House official will acknowledge that it might violate the 1986 Electronic Communications Privacy Act. After 9/11, that law will be amended by the USA Patriot Act to give the government more room to monitor US citizens.
Qwest, Other Telecom Firms Cooperative with Other Agencies - Qwest is apparently less reluctant to share other information with the Pentagon. Qwest began sharing its technology and information as far back as 1997 (see 1997). In May 2001, Commerce Secretary Don Evans will tell the Senate Appropriations Committee that his department helped persuade Qwest to “share proprietory information with the Defense Department to evaluate the vulnerability of its network.” Qwest, which serves the Rocky Mountain and West Coast regions of the country, covers the areas that house some of the military’s most important command-and-control facilities, including the US Strategic Command. In the 1990s, Qwest began actively pursuing contracts with the Defense Department to build more modern, private, secure networks for defense and intelligence agencies. [National Journal, 11/2/2007]
Meetings with Bush Officials - In court documents filed in 2006 to challenge his prosecution for insider trading and, in heavily redacted form, released to the public in 2007, Nacchio will indicate that telecom executives met frequently with Bush administration officials before 9/11, including Deputy Defense Secretary Paul Wolfowitz, National Security Adviser Condoleezza Rice, NSA Director Michael Hayden, and counterterrorism “tsar” Richard Clarke. Many telecom firms are working closely with the government to develop highly classified operations, including joint networks to which the government will have unfettered access. The future director of national intelligence, Mike McConnell, works with telecom firms to expand the cooperation between the telecom industry and the federal government. [Salon, 10/15/2007]

Entity Tags: Condoleezza Rice, US Department of Defense, Bush administration (43), Verizon Communications, AT&T, US Department of Commerce, Senate Appropriations Committee, US Strategic Command, BellSouth, Donald L. Evans, Echelon, Richard A. Clarke, Qwest, Mike McConnell, National Security Agency, Joe Nacchio, Paul Wolfowitz

Timeline Tags: Civil Liberties

The National Security Agency (NSA) engages in apparently illegal surveillance of US citizens beginning shortly after the inauguration of George W. Bush as president. This will not be revealed to the public until media reports in January 2006, a month after the press revealed that the NSA had engaged in similar illegal wiretaps and surveillance of American citizens after the 9/11 attacks, using those attacks as justification for the surveillance (see December 15, 2005). The former NSA and counterterrorism officials who reveal the pre-9/11 spying will claim that the wiretaps, e-mail monitoring, and Internet surveillance were all “inadvertent,” as NSA computers “unintentionally” intercepted US citizens’ international phone calls and e-mails when the computers flagged keywords. NSA protocol demands that such “inadvertent” surveillance end as soon as NSA analysts realize they are spying on those citizens, and the names of the monitored citizens are supposed to be deleted from the NSA databases. Instead, the NSA is instructed to continue monitoring some citizens that are characterized as “of interest” to White House officials. Those officials include President Bush, Vice President Cheney, and Defense Secretary Donald Rumsfeld, say the former NSA and counterterrorism officials. In December 2000, the NSA told the incoming Bush administration that some US citizens are being inadvertently targeted for surveillance, but the names of the citizens are deleted because the law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents (see December 2000). However, once Bush takes office in January 2001, that practice undergoes a radical change. In the first few months of the administration, President Bush assigns Vice President Cheney to make himself more of a presence at the various US intelligence agencies, particularly the CIA, NSA, and DIA. Cheney, along with other officials at the State and Defense Departments, begins making repeated requests to the NSA to reveal the identities of those Americans which had previously been deleted, so that administration officials can more fully understand the context and scope of the intelligence. Such requests are technically legal. But Cheney goes well beyond the law when he requests, as he frequently does, that the NSA continue monitoring specific Americans already caught up in the NSA’s wiretaps and electronic surveillance. A former White House counterterrorism official will later claim that Cheney advised Bush of what he was learning from the NSA. “What’s really disturbing is that some of those people the vice president was curious about were people who worked at the White House or the State Department,” says another former counterterrorism official. “There was a real feeling of paranoia that permeated from the vice president’s office and I don’t think it had anything to do with the threat of terrorism. I can’t say what was contained in those taps that piqued his interest. I just don’t know.” [Truthout (.org), 1/17/2006]

Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Defense Intelligence Agency, George W. Bush, Donald Rumsfeld, US Department of Defense, National Security Agency, US Department of State

Timeline Tags: Civil Liberties

CIA case officer Valerie Plame Wilson (see 1997), returning to duty from maternity leave and now going by her married name, is one of two officers assigned to the Iraq desk of the counterproliferation division (CPD). Plame Wilson’s job involves extensive covert operational responsibility. She supervises and coordinates NOCs (nonofficial covered officers) in several areas of the globe, helping plan and execute operations to recruit Iraqi nationals as CIA assets, focusing on graduate students, scientists, and businessmen, hoping to find information about Iraq’s secretive quest for unconventional weapons parts and technologies. Shortly after the 9/11 attacks, Plame Wilson is made the chief of operations of the Iraq branch of CPD. That branch is renamed the “Joint Task Force on Iraq,” or JTFI. [Wilson, 2007, pp. 365-366]

Entity Tags: Counterproliferation Division, Joint Task Force on Iraq, Central Intelligence Agency, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Binyam Mohamed, a 23-year old Muslim of Ethiopian descent residing in London, flies to Pakistan to experience Islam in its “purest form” as practiced by the Taliban. Mohamed, who was abandoned by his family in London when he was 15, is a former heroin addict and desultory college student who turned to the local mosque as a way to avoid his drug-using friends. He will later claim, “I really had no idea what it was” that the Taliban espoused; he goes to Afghanistan on the advice of some in the mosque. After arriving in Pakistan, he sneaks into Afghanistan in the back of a truck. He will later say that he learns about the Muslim rebels in Chechnya from sympathizers in Jalalabad, and determines to aid the Muslim cause, but, he claims, as an aid worker, not a terrorist or Taliban fighter. Yet he agrees to undergo basic training in Afghanistan for fighters. He will later say: “I was told that the Russians don’t separate between aid workers and those doing the fighting, and that if I wanted to go to Chechnya, I needed basic training. I was so young, I didn’t question it. I didn’t expect to fire a gun except in training, let alone kill someone.… I would never have taken up arms against British or American soldiers, let alone attacked civilians. I wanted to protect civilians, not kill them.” He completes a 45-day “boot camp” course, where, he will later say, he learned nothing to do with terrorism, such as bomb-making techniques. But instead of traveling to Chechnya, he goes to Kabul, where he contracts malaria. He is in the hospital when he learns of the 9/11 attacks. He thinks Afghanistan will soon be under attack from Western forces, and, he will later say, decides to leave for London before the fighting can start (see September 2001 - April 9, 2002). “All I wanted to do was to get back to London, to the country that I thought of as home, to continue my education and find a job; to get back to my life, minus the drugs,” he will say. [Daily Mail, 3/8/2009]

Entity Tags: Binyam Mohamed

Timeline Tags: Torture of US Captives

The Energy Department reports that the 7075-T6 aluminum tubes being sought by Iraq from China (see July 2001) have the same specifications as tubes previously used by Iraq to produce conventional rocket motor casings. The report also notes that Iraq had 160,000 tubes on hand in 1989 and only 66,737 in 1996 (see 1996). The findings are published in the department’s classified Daily Intelligence Highlight, which is posted on an intranet network accessible by members of the intelligence community and the White House. [US Congress, 7/7/2004; New York Times, 10/3/2004]

Entity Tags: US Department of Energy

Timeline Tags: Events Leading to Iraq Invasion

An unnamed high-ranking State Department official is said to receive a $15,000 bribe around this time in connection with assistance he provides to a nuclear smuggling ring run by Pakistani scientist A. Q. Khan (see (1997-2002) and Summer-Autumn 2001), according to FBI translator Sibel Edmonds. Edmonds will later leave the FBI, becoming a whistleblower, and will say she knows this based on telephone conversations she translated. [Sunday Times (London), 1/27/2008] According to an intercepted phone call, the package is to be dropped off at an agreed location by someone in the Turkish diplomatic community who is working for the network. [Sunday Times (London), 1/6/2008] The high-ranking State Department official who is not named by the Sunday Times is said to be Marc Grossman by both Larisa Alexandrovna of Raw Story and former CIA officer Philip Giraldi, writing in the American Conservative. [Raw Story, 1/20/2008; American Conservative, 1/28/2008]

Entity Tags: Marc Grossman, Larisa Alexandrovna, US Department of State, Federal Bureau of Investigation, Philip Giraldi, Sibel Edmonds

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

In July 2001, NSA director Michael Hayden tells a reporter that the NSA does not monitor any US citizens without court warrants from the Foreign Intelligence Surveillance Court (FISC). “We don’t do anything willy-nilly,” Hayden says. “We’re a foreign intelligence agency. We try to collect information that is of value to American decision-makers, to protect American values, America—and American lives. To suggest that we’re out there, on our own, renegade, pulling in random communications, is—is simply wrong. So everything we do is for a targeted foreign intelligence purpose. With regard to the—the question of industrial espionage, no. Period. Dot. We don’t do that.” When asked how Americans could verify that, Hayden says that they should simply trust the NSA to police and monitor itself, along with oversight from the White House and from Congress. However, it will later come to light that the NSA began illegally monitoring US citizens from the start of the Bush administration (see Spring 2001). A former NSA official will later dispute Hayden’s account. “What do you expect him to say?” the official says. “He’s got to deny it. I agree. We weren’t targeting specific people, which is what the President’s executive order does. However, we did keep tabs on some Americans we caught if there was an interest [by the White House.] That’s not legal. And I am very upset that I played a part in it.” [Truthout (.org), 1/17/2006] Hayden also denies persistent allegations from European government officials that the agency has engaged in economic espionage to help American companies against European competitors (see April 4, 2001). In March 2001, the American Civil Liberties Union’s Barry Steinhardt says that “since there is no real check on [the NSA], there is no way to know” if they are following the law. Steinhardt says that Congress is the only real check on possible NSA abuses, but it has consistently failed to exercise any sort of aggressive oversight on the agency. [CNN, 3/31/2001]

Entity Tags: National Security Agency, Barry Steinhardt, Michael Hayden, American Civil Liberties Union

Timeline Tags: Civil Liberties

After the September 11 attacks, there is a dramatic increase in the frequency of US-requested “renditions.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] Officially, the original purpose of renditions was to bring suspected foreign criminals, such as drug kingpins, to justice (see 1993). But after September 11, it is used predominantly to arrest and detain foreign nationals designated as suspected terrorists and bring them to foreign countries that are willing to hold them indefinitely for further questioning and without public proceedings. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01; Washington Post, 1/2/2005, pp. A01] According to one CIA officer interviewed by the Washington Post, after September 11, “The whole idea [becomes] a corruption of renditions—It’s not rendering to justice, it’s kidnapping.” [Washington Post, 1/2/2005, pp. A01] “There was a debate after 9/11 about how to make people disappear,” a former intelligence official will tell the New York Times in May 2004. [New York Times, 5/13/2004] By the end of 2002, the number of terrorism suspects sent to foreign countries is in the thousands. Many of the renditions involve captives from the US operation in Afghanistan. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] The countries receiving the rendered suspects are often known human rights violators like Egypt, Syria, Jordan, Saudi Arabia, and Morocco, all of which have histories of using torture and other methods of interrogation that are not legal in the US. The rendition program often ignores local and international extradition laws. [Washington Post, 3/11/2002, pp. A01] In fact, US officials have admitted that the justification for rendition is sometimes fabricated—the US requests that a suspect be rendered, and then the allied foreign government charges the person “with a crime of some sort.” [Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003] After a suspect is relocated to another country, US intelligence agents may “remain closely involved” in the interrogations, sometimes even “doing [them] together” with the foreign government’s intelligence service. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01] The level of cooperation with Saudi interrogators is allegedly high. “In some cases,” according to one official, “we’re able to observe through one-way mirrors the live investigations. In others, we usually get summaries. We will feed questions to their investigators.” He adds, however, “They’re still very much in control.” [Washington Post, 12/26/2002] Joint intelligence task forces, which consist of members from the CIA, FBI, and some other US law enforcement agencies, allegedly control to a large extent the approximately 800 terrorism suspects detained in Saudi Arabia. [Washington Post, 5/11/2004, pp. A01]
Countries involved in the practice of rendition -
Egypt - Amnesty International’s 2003 annual report says that in Egypt, “Torture and ill-treatment of detainees continued to be systematic” during 2002. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Amnesty International, 2003]
Jordan - The State Department’s 2001 annual human rights report states, “The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.” US officials are quoted in the Washington Post in 2002 calling Jordan’s interrogators “highly professional.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Morocco - Morocco “has a documented history of torture, as well as longstanding ties to the CIA.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Syria - Amnesty International’s 2003 annual report notes: “Hundreds of political prisoners remained in prolonged detention without trial or following sentences imposed after unfair trials. Some were ill but were still held in harsh conditions. Ten prisoners of conscience were sentenced to up to 10 years’ imprisonment after unfair trials before the Supreme State Security Court (SSSC) or the Criminal Court. There were fewer reports of torture and ill-treatment, but cases from previous years were not investigated. At least two people died in custody.” [Washington Post, 12/26/2002; Amnesty International, 2003]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

NSA director Michael Hayden addresses the NSA in a global videoconference, saying that the NSA, like other government agencies, will have to do more to protect the country from further terrorist attacks. The challenge, he says, is to balance Americans’ security with civil liberties, “to keep America free by making Americans feel safe again.” Hayden will say in a 2006 speech reflecting on that videoconference (see January 23, 2006) that US citizens operate under misconceptions about the NSA’s capabilities—that while citizens believe the NSA has a global electronic surveillance network that can, and does, spy on citizens willy-nilly, in reality the NSA is understaffed and unprepared to handle the technological advances of the last decade. Hayden will say that with more extensive domestic surveillance of US citizens and foreign visitors, the NSA could have caught some of the 9/11 hijackers before they were able to put their plan into motion. The standards by which US citizens and foreign visitors are monitored must change, Hayden believes.
Expansion of NSA Surveillance Powers - Using Ronald Reagan’s 1981 executive order 12333 (see December 4, 1981), Hayden expands the NSA’s domestic surveillance practices to eavesdrop, sometimes without court approval, on selected international calls made by US citizens. Though Hayden’s expansion of NSA surveillance is not directly authorized by President Bush, and is not the same program as authorized by Bush’s secret executive order of 2002 (see Early 2002), Hayden will later say that this expansion is based on the intelligence community’s assessment “of a serious and continuing threat to the homeland.” Hayden’s program is reviewed and approved by lawyers at the NSA, the Justice Department, and the White House, as well as Attorney General John Ashcroft. [Michael Hayden, 1/23/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, US Department of Justice, National Security Agency, John Ashcroft, George W. Bush, Bush administration (43), Ronald Reagan, Michael Hayden

Timeline Tags: Civil Liberties

Lt. Col. Stuart Couch.Lt. Col. Stuart Couch. [Source: Wall Street Journal]Mohamedou Ould Slahi, a Mauritanian businessman and alleged liaison between Islamic radicals in Hamburg and Osama bin Laden with foreknowledge of the 9/11 plot (see 1999 and January-April 2000), is arrested in Mauritania by secret police, his family says. By December, he will be in US custody. He will later be housed at a secret CIA facility within Camp Echo at the Guantanamo Bay Naval Station. [Washington Post, 12/17/2004] In 2007, it will be reported that one of Slahi’s prosecutors, Lt. Col. Stuart Couch, has refused to continue to prosecute Slahi after learning details of Slahi’s tortures at Guantanamo. [Wall Street Journal, 3/31/2007] The Nation will later report, “Aside from the beatings, waterboarding, stress positions, and sexual degradation that have been the norm at Guantanamo, Slahi was taunted with details of his mother’s incarceration and rape in an elaborate hoax by an officer who claimed to be representing the White House.” While Couch believes Slahi is a high-level al-Qaeda operative, he also believes the much of the evidence against him is not credible because of the methods used to obtain it. [Nation, 4/4/2007]

Entity Tags: Stuart Couch, Mohamedou Ould Slahi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

NSA Director Michael Hayden briefs the House Intelligence Committee on the NSA’s efforts to combat terrorism. Though the NSA is already working on a domestic wiretapping program to spy, without warrants, on US citizens (see Early 2002), Hayden does not mention the program to the committee members, but merely discusses the ramifications of President Reagan’s Executive Order 12333 (see December 4, 1981 and September 13, 2001) on NSA functions. He does not mention that Reagan’s executive order forbids warrantless surveillance of US citizens “unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power.” On October 11, committee member Nancy Pelosi (D-CA) will write to Hayden expressing her concerns about the warrantless nature of the NSA wiretaps (see October 11, 2001). [Washington Post, 1/4/2006]

Entity Tags: National Security Agency, House Intelligence Committee, Michael Hayden, Nancy Pelosi, Terrorist Surveillance Program, Ronald Reagan

Timeline Tags: Civil Liberties

Italy’s military intelligence service (SISMI) provides Jeff Castelli, the CIA station chief in Rome, with papers documenting an alleged uranium deal between Iraq and Niger. Castelli, who is not permitted to duplicate the papers, writes a summary of them and sends the report to Langley. [New Yorker, 10/27/2003; Knight Ridder, 11/4/2005; La Repubblica (Rome), 11/11/2005]
The allegations - The report includes four allegations:
bullet The report states that Iraq first communicated its interest in purchasing uranium from Niger at least as early as 1999. [US Congress, 7/7/2004] As blogger ERiposte will conclude through his analysis at TheLeftCoaster.Org [ERiposte, 10/31/2005] , none of the documents that are later provided to the US as the basis for this allegation include actual proof of uranium negotiations in 1999. Two of the source documents for this allegation do mention a 1999 visit by Wissam Al-Zahawi to Niger; however, no evidence has ever surfaced suggesting that there were any discussions about uranium during that visit (see February 1999). The first document (possibly authentic) is a letter, dated February 1, 1999, from the Niger embassy in Rome to Adamou Chekou, the Minister of Foreign Affairs in Niger, announcing Zahawie’s trip. It does not mention uranium. (Note that the SISMI report does not mention Al-Zahawi’s trip, it only states that uranium negotiations between the two countries began by at least 1999.) The second document is a letter dated July 30, 1999 from the Niger Ministry of Foreign Affairs to his ambassador in Rome requesting that he contact Zahawie, concerning an agreement signed June 28, 2000 to sell uranium to Iraq. The letter is an obvious forgery because it refers to an event that it describes as taking place 11 months later. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003]
bullet The SISMI report states that in “late 2000,” the State Court of Niger approved an agreement with Iraq whereby Niger would sell Iraq a large quantity of uranium. This allegation appears to be based on a forged document titled “Annex 1,” which was possibly an annex to the alleged uranium agreement. It is evident that this document was forged because it says that the state court “met in the chamber of the council in the palace… on Wednesday, July 7, 2000.” But July 7, 2000 was, in fact, a Friday, not a Wednesday. One of SISMI’s reports to the US, possibly this one, actually reproduces this error. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003; ERiposte, 10/31/2005]
bullet According to the report, Nigerien President Mamadou Tandja approved the agreement and communicated this decision to Iraqi President Saddam Hussein. The source for this is apparently a forged letter from the president of Niger to Saddam Hussein, in which the president refers to his authority under the country’s obsolete 1966 constitution. At the time the letter was presumed to have been written, the constitution in effect would have been that of December 26, 1992, which was subsequently revised by national referendum on May 12, 1996 and again by referendum on July 18, 1999. [Unknown, n.d.; Reuters, 3/26/2003; La Repubblica (Rome), 7/16/2003; US Department of State, 9/2005]
bullet The report also alleges that in October 2000, Nigerien Minister of Foreign Affairs Nassirou Sabo informed one of his ambassadors in Europe that Niger had agreed to provide several tons of uranium to Iraq. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003] This is seemingly based on a forged letter that accompanied the alleged uranium sales agreement. The letter, dated October 10, 2000, is stamped as being received in Rome on September 28, 2000—nearly two weeks before the letter was presumably written. Furthermore, there is a problem with the signature. Unlike what is reported in the SISMI papers provided to the CIA, the actual letter is signed by Allele Elhadj Habibou, who left office in 1989. This indicates that someone must have corrected this information, replacing the name of Allele Elhadj Habibou with that of Nassirou Sabo (the minister in October 2000), before the letter was included in this report. [ERiposte, 10/31/2005]
Distribution within US Intelligence Community - After receiving the report from its Rome station, the CIA distributes it to other US intelligence agencies. According to a later Senate investigation, the “CIA, Defense Intelligence Agency (DIA), and Department of Energy (DOE) analysts considered the reporting to be ‘possible’ while the Department of State’s Bureau of Intelligence and Research (INR) regarded the report as ‘highly suspect,’ primarily because INR analysts did not believe that Niger would be likely to engage in such a transaction and did not believe Niger would be able to transfer uranium to Iraq because a French consortium maintained control of the Nigerien uranium industry.” [US Congress, 7/7/2004] Sources later interviewed by New Yorker’s Seymour Hersh portray US intelligence analysts’ assessment of the report in slightly harsher terms, saying that they “dismissed [it] as amateurish and unsubstantiated.” [New Yorker, 10/27/2003] “I can fully believe that SISMI would put out a piece of intelligence like that,” a CIA consultant later tells Hersh, “but why anybody would put credibility in it is beyond me.” [New Yorker, 5/17/2004, pp. 227] Langley asks for further clarification from Rome and receives a response three days later (see October 18, 2001). [La Repubblica (Rome), 11/11/2005]
Repeated Dissemination - The documents and reports based on the documents are sent to the CIA at least three separate times. They are also sent to the White House, the US embassy in Rome, British and French intelligence, and Italian journalist Elisabetta Burba of the news magazine Panorama. Each recipient in turn shares the documents, or their contents, with others, creating what author Craig Unger later calls “an echo chamber that gives the illusion that several independent sources had corroborated an Iraq-Niger uranium deal.” [Unger, 2007, pp. 237]

Entity Tags: Bureau of Intelligence and Research, Central Intelligence Agency, Craig Unger, Defense Intelligence Agency, Mamadou Tandja, SISMI, Elisabetta Burba, Nassirou Sabo, Wissam al-Zahawie, Saddam Hussein, Jeff Castelli, US Department of Energy

Timeline Tags: Niger Uranium and Plame Outing

Patrick J. Fitzgerald is confirmed as US Attorney for the Northern District of Illinois, centering in Chicago. Senator Peter Fitzgerald (R-IL—no relation to Patrick Fitzgerald) nominated Fitzgerald for the position because he felt Fitzgerald, a native New Yorker and veteran prosecutor with no ties to Chicago, would be less likely to become corrupted by what he thought to be the “Chicago Democrat machine.” Fitzgerald had come highly recommended by, among others, Louis Freeh, then the director of the FBI. White House political chief Karl Rove later says that he did not oppose Fitzgerald’s nomination, though he was somewhat disturbed by Senator Fitzgerald’s insistence on the nomination. Rove will recall: “Senator Fitzgerald’s attitude was: ‘I’m not going to submit multiple names. I will take only one name, and this is all that is going to be acceptable.’ And we asked him to submit multiple names, and we also asked him to think about people from within the districts. Our predilection was to have people from within the district selected. We thought it, you know, encouraged a civic-minded attitude among lawyers. It made certain that you had some fresh blood that would flow in. If you pick people from outside the district, they tend to be career prosecutors. And Senator Fitzgerald was particularly unimpressed by this. He said that, in Chicago, the politics in Chicago were such that no US Attorney from Chicago could exist without being subverted by the political influence peddlers in Chicago, that they would be bought off by the big law firms and the Chicago Democrat machine. And so he was going to only provide us one name for each, the Northern District and the Southern District. Following my very effective telephone conversation with him, he responded by going out and announcing to the press that the president was nominating his two names from the Northern and Southern Districts.” Rove will say that he did not oppose Fitzgerald’s nomination, and it would not have been proper for him to do so: “That wasn’t mine—once that conversation was over, it wasn’t mine to have an opinion. I believe the president has a right to appoint. And that means that senators have, by tradition, the right to recommend. But they are usurping a presidential right when they go out and name the nominee before the president has even had a chance to evaluate multiple names and settle on who he wants and do the necessary staff work to arrive at it. Fortunately, Senator Fitzgerald recommended two good names, and both of them worked out. But it was an unusual process that involved, in my opinion, a congressional usurpation of a presidential power.” Senator Fitzgerald will later say that Rove told him the selection of Patrick Fitzgerald “ticked off the [Illinois Republican] base,” a statement Rove will call “inaccurate.… I chalk it up to an overactive imagination.” Rove will go on to imply, without directly saying, that US Attorney Fitzgerald prosecutes Governor George Ryan (R-IL) as something of a political favor to Senator Fitzgerald, as the governor and the senator are political rivals within the Illinois Republican Party. Experienced in prosecuting high-profile terrorism cases (see January 1996), Fitzgerald will go on to chair the terrorism subcommittee of the Attorney General’s Advisory Committee (AGAC) and later become special counsel for the Lewis Libby leak investigation (see December 30, 2003). [The American Lawyer, 12/11/2008; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file]

Entity Tags: Patrick J. Fitzgerald, George Ryan, Louis J. Freeh, Peter Fitzgerald, Karl C. Rove

Timeline Tags: Civil Liberties

Vice President Dick Cheney summons the chairmen and ranking members of the Senate and House Intelligence Committees to the White House for a classified briefing on the secret NSA warrantless wiretapping program (see Early 2002). Cheney makes it clear to the lawmakers that he is merely informing them about the program, and not seeking their approval. [Washington Post, 12/18/2005] Officials later say that under any of the previous presidents, such a meeting of this import would involve the president. But the four lawmakers are hustled away from the Oval Office. Instead, “[w]e met in the vice president’s office,” Bob Graham (D-FL), the chairman of the Senate Intelligence Committee, later recalls. President Bush has already told Graham that “the vice president should be your point of contact in the White House.” Cheney, according to the president, “has the portfolio for intelligence activities.” [Washington Post, 6/24/2007] The leaders are briefed by Cheney, CIA Director George Tenet, and NSA Director Michael Hayden. The Congressional leaders will later mostly refuse to comment publicly about what they do and do not learn about the program, even after it is revealed to the public (see December 15, 2005). In 2003, when Senator John D. Rockefeller ascends to the Democratic leadership of the Senate committee, and is himself briefed on the program, he will write to Cheney expressing his concerns over it (see July 17, 2003). [New York Times, 12/15/2005]
'No Discussion about Expanding' NSA Wiretapping - In December 2005, after the program is revealed to the public, one of the Congressmen present at the briefings, Graham, the then-chairman of the Senate Intelligence Committee, will discuss his knowledge of the program. In contradiction to the characterizations of Bush and other White House officials, Graham will say that he recalls “no discussion about expanding [NSA eavesdropping] to include conversations of US citizens or conversations that originated or ended in the United States,” and knew nothing of Bush’s intention to ignore the Foreign Intelligence Surveillance Court (also known as the FISA court). “I came out of the room with the full sense that we were dealing with a change in technology but not policy,” Graham will recall, using new methodologies to intercept overseas calls that passed through US switches. He thought that NSA eavesdropping would continue to be limited to “calls that initiated outside the United States, had a destination outside the United States but that transferred through a US-based communications system.” Instead, Graham will say, it now seems that Bush decided to go “beyond foreign communications to using this as a pretext for listening to US citizens’ communications. There was no discussion of anything like that in the meeting with Cheney.” A senior intelligence official, who refuses to reveal his identity but says he is speaking with the permission of the White House, will accuse Graham of “misremembering the briefings,” which he will call “very, very comprehensive.” The official will refuse to discuss the briefings in any but the most general terms, but will say they were intended “to make sure the Hill knows this program in its entirety, in order to never, ever be faced with the circumstance that someone says, ‘I was briefed on this but I had no idea that—’ and you can fill in the rest.” Graham will characterize the official’s description as saying: “[W]e held a briefing to say that nothing is different.… Why would we have a meeting in the vice president’s office to talk about a change and then tell the members of Congress there is no change?” House Minority Leader Nancy Pelosi (D-CA), who was also present at the meeting as the ranking Democrat on the House Intelligence Committee, will say the briefing described “President Bush’s decision to provide authority to the National Security Agency to conduct unspecified activities.” She will note that she “expressed my strong concerns” but did not go into detail. [Washington Post, 12/18/2005]
Lawmakers Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). In the briefing, Cheney informs the lawmakers of none of this.

Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Nancy Pelosi, John D. Rockefeller, House Intelligence Committee, Daniel Robert (“Bob”) Graham, George J. Tenet, George W. Bush, Michael Hayden, National Security Agency

Timeline Tags: Civil Liberties

Melek Can Dickerson begins working for the FBI as a Turkish translator with top security clearance. She joins Sibel Edmonds and Kevin Taskasen (see September 20, 2001 and Early October 2001, respectively) as the FBI’s only Turkish translators. The FBI hired Dickerson without verifying that the information she provided on her application was correct. Had the bureau done this they would have learned that she spent two years working as an intern for the American-Turkish Council (ATC), a group that is being investigated by the FBI’s own counterintelligence unit and whose phone calls she will be listening in on as an FBI translator. [Anti-War (.com), 7/1/2004] On her application, Dickerson failed to disclose that she had worked for the organization. She also hid her tie to the group when she was interviewed as part of her background security check. [Vanity Fair, 9/2005] According to Sibel Edmonds, it’s not clear that Dickerson’s background check was ever completed. [Anti-War (.com), 7/1/2004]

Entity Tags: Federal Bureau of Investigation, Melek Can Dickerson

Timeline Tags: Complete 911 Timeline

Recently hired FBI translator Melek Can Dickerson (see (Late October 2001)) begins marking as “not pertinent” wiretapped conversations that concern certain high-value surveillance targets working at the American-Turkish Council (ATC). As it later emerges, Dickerson previously worked as an intern for the ATC and maintains ongoing relationships with at least two individuals under investigation. [Washington Post, 6/19/2002; New York Observer, 1/22/2004; Vanity Fair, 9/2005] She also manages to obtain, and prevent from being translated, assignments designated for co-worker Sibel Edmonds. These wiretaps, which she marks as being completed by Edmonds, concern the same targeted persons. [New York Observer, 1/22/2004]

Entity Tags: Sibel Edmonds, American-Turkish Council, Melek Can Dickerson

Timeline Tags: Complete 911 Timeline

John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 pdf file] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 pdf file] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]

Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice

Timeline Tags: Civil Liberties

Yaser Esam Hamdi in Afghanistan shortly after being captured there.Yaser Esam Hamdi in Afghanistan shortly after being captured there. [Source: Virginian Pilot]Yaser Esam Hamdi, who holds dual Saudi and US citizenship, is captured in Afghanistan by the Northern Alliance and handed over to US forces. According to the US government, at the time of his arrest, Hamdi carries a Kalashnikov assault rifle and is traveling with a Taliban military unit. The following month he will be transferred to Guantanamo. In April 2002, it will be discovered he is a US citizen. He will be officially be declared an “enemy combatant” and transferred to a Navy brig in Norfolk, Virginia (see April 2002). [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi

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

Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place.Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place. [Source: Canal+]FBI translator Sibel Edmonds receives a call from co-worker Melek Can Dickerson, whom she barely knows. Dickerson says she and her husband Major Douglas Dickerson are in the area and would like to stop by for a visit. [Vanity Fair, 9/2005] Douglas is a US Air Force major who procures weapons from the US for various Central Asian and Middle Eastern governments. [Anti-War (.com), 8/15/2005] “I’m in the area with my husband and I’d love you to meet him. Is it OK if we come by?” Edmonds recalls Dickerson saying. When the couple arrives, Douglas Dickerson encourages Edmonds and her husband Matthew Edmonds to join the American-Turkish Council (ATC) and the Assembly of Turkish American Associations (ATAA). Joining the organizations would get them tied in with a network of high-level people, including officials at the Turkish Embassy. When Sibel’s husband Michael suggests that there are probably strict eligibility requirements for becoming a member of this organization, Douglas says to Sibel, “All you have to do is tell them who you work for and what you do and you will get in very quickly.” Sibel attempts to steer the conversation toward another topic. As part of her job at the FBI, some of the wiretapped conversations she translates involve the very same people the Dickersons are describing as “high-level friends.” She is concerned that the ultimate goal of the Dickersons’ offer is to get Sibel involved in espionage and to help shield those groups from FBI surveillance. [Washington Post, 6/19/2002; CBS News, 10/25/2002; New York Observer, 1/22/2004; Vanity Fair, 9/2005] Major Dickerson brings up the name of a wealthy Turkish man living in nearby McLean, Virginia, who is involved with the ATC and has access to US military information. Sibel Edmonds is surprised because she recognizes his name from an investigation she is working on and knows that he is the target of an FBI counterintelligence operation. The Dickersons intimate that they are so close to this man that they shop for him and his wife. [Sperry, 2005, pp. 163] “They wanted to sell me for the information I could provide,” she later explains in an interview. They promised her she would receive enough to “live a very comfortable life wherever we wanted. We would never have to work again.” [Anti-War (.com), 7/1/2004]

Entity Tags: Matthew Edmonds, Douglas Dickerson, Assembly of Turkish American Associations, Melek Can Dickerson, Sibel Edmonds, American-Turkish Council

Timeline Tags: Complete 911 Timeline

Zaab Sethna of the Iraqi National Congress (INC) arranges for Iraqi defector Adnan Ihsan Saeed al-Haideri to be interviewed by Judith Miller of the New York Times. Miller, who has known Chalabi for about eight years (see May 1, 2003), immediately flies out to Bangkok for the interview. Her story is published on December 20, just three days after Haideri told his story to a CIA agent who subjected him to a polygraph and determined Haideri’s story was a complete fabrication (see December 17, 2001). Miller’s front-page article, titled “An Iraqi defector tells of work on at least 20 hidden weapons sites,” reports: “An Iraqi defector who described himself as a civil engineer, said he personally worked on renovations of secret facilities for biological, chemical and nuclear weapons in underground wells, private villas and under the Saddam Hussein Hospital in Baghdad as recently as a year ago.” If verified, Miller notes, “his allegations would provide ammunition to officials within the Bush administration who have been arguing that Mr. Hussein should be driven from power partly because of his unwillingness to stop making weapons of mass destruction, despite his pledges to do so.” Sethna also contacts freelance journalist Paul Moran. Moran is a former employee of the INC and has been employed for years by the Rendon Group, a firm specializing in “perception management” and which helped develop the INC (see May 1991). Moran’s on-camera interview with Haideri is broadcast worldwide by the Australian Broadcasting Corp. [New York Times, 12/20/2001; SBS Dateline, 7/23/2003; New York Review of Books, 2/26/2004; Rolling Stone, 11/17/2005] Reporter Jonathan Landay will later say that he and others were skeptical from the outset: “There were some red flags that the New York Times story threw out immediately, which caught our eye, immediately. The first was the idea that a Kurd—the enemy of Saddam—had been allowed into his most top secret military facilities. I don’t think so. That was, for me, the biggest red flag. And there were others, like the idea that Saddam Hussein would put a biological weapons facility under his residence. I mean, would you put a biological weapons lab under your living room? I don’t think so.” Landay’s partner Warren Strobel will add, “The first rule of being an intelligence agent, or a journalist, and they’re really not that different, is you’re skeptical of defectors, because they have a reason to exaggerate. They want to increase their value to you. They probably want something from you. Doesn’t mean they’re lying, but you should be—journalists are supposed to be skeptical, right? And I’m afraid the New York Times reporter in that case and a lot of other reporters were just not skeptical of what these defectors were saying. Nor was the administration…” [PBS, 4/25/2007]

Entity Tags: Zaab Sethna, Warren Strobel, Jonathan Landay, Judith Miller, Paul Moran, Adnan Ihsan Saeed al-Haideri, Ahmed Chalabi, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Sometime in early 2002, President Bush signs a secret executive order authorizing the National Security Agency (NSA) to wiretap phone conversations and read e-mails to and from US citizens. The order extends an operation set into motion at least as early as October 2001 to begin wiretapping US citizens’ phones in a response to the 9/11 attacks. When the program is revealed by the US media in late 2005 (see December 15, 2005), Bush and his officials will say the program is completely legal, though it ignores the requirements of the Foreign Intelligence Surveillance Act (FISA) that requires the government to obtain court-issued warrants to mount surveillance against US citizens. They will insist that only those suspected of having ties to al-Qaeda are monitored, and only when those individuals make or receive international communications. [New York Times, 12/15/2005; Washington Post, 12/22/2005; Newsweek, 12/22/2008] Bush’s order authorizes the NSA to monitor international telephone conversations and international e-mails of hundreds, and perhaps thousands, of US citizens without court warrants, in an effort to track what officials call “dirty numbers” linked to al-Qaeda. When the program is finally revealed by the New York Times over three years later (see December 15, 2005), officials will say that the NSA still seeks warrants to monitor domestic communications. But there is little evidence of this (see, for example, Spring 2001). The presidential order is a radical shift in US surveillance and intelligence-gathering policies, and a major realignment for the NSA, which is mandated to only conduct surveillance abroad. Some officials believe that the NSA’s domestic eavesdropping crosses constitutional limits on legal searches. “This is really a sea change,” a former senior official who specializes in national security law will say in December 2005. “It’s almost a mainstay of this country that the NSA only does foreign searches.” [New York Times, 12/15/2005] Some sources indicate that NSA domestic surveillance activities, such as data-mining, the use of information concerning US persons intercepted in foreign call monitoring, and possibly direct surveillance of US persons, took place prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: George W. Bush, Al-Qaeda, Foreign Intelligence Surveillance Court, National Security Agency

Timeline Tags: Civil Liberties

The CIA Directorate of Operations issues a second intelligence report from SISMI, Italy’s military intelligence service, on Iraq’s alleged agreement with Niger to purchase 500 tons of uranium annually. This report provides details that were not included in Italy’s October 15 report (see October 15, 2001), including a “verbatim text” of the accord. (It is not clear what the source is for the “verbatim text”. [ERiposte, 3/6/2006] ) According to the report, the purported agreement was signed by Iraqi and Niger officials during meetings held July 5-6, 2000. [US Congress, 7/7/2004; Knight Ridder, 11/4/2005] The SISMI report also draws attention to a 1999 trip to Niger made by Wissam al-Zahawie (see February 1999), Iraq’s former ambassador to the Vatican, and alleges that its mission was to discuss the future purchase of uranium. This is the first report from SISMI that names al-Zahawie and refers directly to his 1999 trip. (SISMI’s previous report had only stated that negotiations had begun by at least 1999.) This report, as well as the previous report, is based on the forged Niger documents. [New Yorker, 10/27/2003; US Congress, 7/7/2004; ERiposte, 11/3/2005] Analysts at the CIA and the DIA are more impressed with the detail and substance of this second report, but analysts at the Department of State’s Bureau of Intelligence and Research (INR) remain skeptical of the report’s allegations noting that it was unlikely that Niger would sell uranium to Iraq because the Nigeriens would have considered the risk of being caught too great. An INR analyst asks the CIA if the source of the report would submit to a polygraph. A CIA analyst who also asks about the source is told by the DO that the source is “very credible.” [US Congress, 7/7/2004]

Entity Tags: Central Intelligence Agency, Bureau of Intelligence and Research, Defense Intelligence Agency

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

The Defense Intelligence Agency (DIA) issues “a finished intelligence product” summarizing the February 5, 2002 SISMI report (see February 5, 2002). The report, entitled “Niamey Signed an Agreement to Sell 500 Tons of Uranium a Year to Baghdad,” states as irrefutable fact that Iraq intends to buy weapons-grade uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). It concludes, “Iraq probably is searching abroad for natural uranium to assist in its nuclear weapons program.” It does not comment on the credibility of the sourcing. The report is sent directly to Vice President Dick Cheney. Within hours, Cheney directs the CIA (see February 5, 2002) to investigate the claims. According to the Senate Intelligence Committee’s 2004 report on Iraqi WMD (see July 9, 2004), CIA and DIA analysts find the subsequent reports more informative and believable than the first, more sketchy reports (see February 5, 2002). The CIA’s Directorate of Operations tells one agency analyst that the report comes from a “very credible source.” Analysts with the State Department’s Bureau of Intelligence and Research (INR) continue to find the reports unconvincing. [US Congress, 7/7/2004; Unger, 2007, pp. 239] Former CIA analyst Ray McGovern will later describe Cheney’s receipt of this document as “odd.” “[I]n more than two years of briefing then-Vice President George H. W. Bush every other morning, not once did he ask a question about a DIA report or even indicate that he had read one,” McGovern will note. “That this particular report was given to Cheney almost certainly reflects the widespread practice of ‘cherry picking’ intelligence.” [AfterDowningStreet (.org), 7/25/2005]

Entity Tags: Defense Intelligence Agency, Ray McGovern, Richard (“Dick”) Cheney

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

FBI translator Sibel Edmonds submits a confidential memo (see Between February 1, 2002 and February 11, 2002) alleging that co-translator Melek Can Dickerson shielded Turkish officials from an FBI investigation by failing to translate important wiretapped conversations. Edmonds’ supervisor, Stephanie Bryan, passes the memo onto supervisory special agent Tom Frields. But Frields says he will not look at the memo until after Dickerson and supervisor Mike Feghali have reviewed and commented on it. Shortly after submitting the memo, Edmonds is informed that she is being investigated by the bureau’s security department because she wrote the memo on a home computer, even though she had received explicit permission to do so (see Between February 1, 2002 and February 11, 2002). Before leaving the office, Dickerson allegedly comes over to her and says, “Why are you doing this, Sibel? Why don’t you just drop it? You know there could be serious consequences. Why put your family in Turkey in danger over this?” [New York Observer, 1/22/2004; Vanity Fair, 9/2005] The following day, three FBI agents come to the home of Sibel and Matthew Edmonds and seize their computer. [Associated Press, 1/14/2005; Vanity Fair, 9/2005]

Entity Tags: Thomas Frields, Stephanie Bryan, Sibel Edmonds, Melek Can Dickerson, Mike Feghali

Timeline Tags: Complete 911 Timeline

Valerie Plame Wilson.Valerie Plame Wilson. [Source: PEP]In response to questions from Vice President Dick Cheney (see (February 13, 2002)), CIA operative Valerie Plame Wilson and officials from the CIA’s DO counterproliferation division (CPD) meet to discuss what the agency should do to determine the validity of recent Italian intelligence reports (see October 15, 2001 and February 5, 2002) alleging that Iraq had sought to purchase uranium from Niger. During the meeting, Plame Wilson suggests sending her husband, Joseph Wilson, an Africa expert and former US diplomat, to Niger to investigate the reports. [US Congress, 7/7/2004] The meeting is chronicled in an internal agency memo obtained by the Wall Street Journal in October 2003. [Wall Street Journal, 10/17/2003] Intelligence officials subsequently will not deny that Plame Wilson was involved in the decision to send Wilson to Niger, but will say she was not “responsible” for the decision. [Wall Street Journal, 10/17/2003]
CIA Alerted to Cheney's Concerns - In her 2007 book Fair Game, Plame Wilson recalls that shortly after Cheney’s initial questions, a young officer rushes into her CPD office and tells her “someone from the vice president’s office” just called the officer on her secure telephone line. The caller, apparently a member of Cheney’s staff, wants information about an intelligence report that the Italian government has passed to the US, alleging that in 1999 Iraq attempted to buy yellowcake uranium from Niger. Cheney is, according to the staffer, “interested and want[s] more information.” Plame Wilson will write, “If the report was true at all, I knew that it would be damning evidence indeed that Iraq was seeking to restart its nuclear program.”
'Nonplussed' at White House Contact - “I was momentarily nonplussed that someone from the vice president’s office had reached down into the junior working levels of the agency to discuss or find an answer to an intelligence report,” she will write. “In my experience, I had never known that to happen. There were strict protocols and procedures for funneling intelligence to policy makers or fielding their questions. Whole offices within the agency were set up and devoted to doing just that. A call to a random desk officer might get the policy maker a quick answer in the heat of the moment, but it was also a recipe for trouble. Handing a senior policy maker ‘raw’ intelligence that had not been properly vetted, placed into context, or appropriately caveated by intelligence professionals usually led to misinterpretation—at a minimum.” She adds that at the time, she is “not aware of the unprecedented number of visits the vice president had made to our headquarters to meet with analysts and look for any available evidence to support the Iraq WMD claims the administration was beginning to make.… I was still blissfully ignorant of any special visits or pressure from the administration vis-a-vis Iraq. I just wanted to get some answers.”
Decision to Ask Wilson Originates with Records Officer, Not Plame Wilson - Plame Wilson tables her concerns about the unusual contact, and begins pondering how best to find answers to Cheney’s questions. The “first and most obvious choice,” she will write, “would be to contact our [REDACTED] office in Niger and ask them to investigate these allegations using local sources available on the ground.” But the budget cuts of the mid-1990s had forced the closing of numerous CIA offices in Africa, including its station in Niamey, Niger. Plame Wilson will recall, “A midlevel reports officer who had joined the discussion in the hallway enthusiastically suggested, ‘What about talking to Joe about it?’” The reports officer is referring to Plame Wilson’s husband, former ambassador Joseph Wilson. “He knew of Joe’s history and role in the first Gulf War (see September 5, 1988 and After and September 20, 1990), his extensive experience in Africa, and also that in 1999 the CIA had sent Joe on a sensitive mission to Africa on uranium issues. Of course, none of us imagined the firestorm this sincere suggestion would ignite. At the moment, the only thought that flashed through my mind was that if Joe were out of the country for an extended period of time I would be left to wrestle two squirmy toddlers into bed each evening.… So I was far from keen on the idea, but we needed to respond to the vice president’s office with something other than a lame and obviously unacceptable, ‘We don’t know, sorry.’” Plame Wilson and the reports officer make the suggestion to send Wilson to Niger; her supervisor decides to meet with Wilson “and the appropriate agency and State [Department] officials.” At her supervisor’s behest, Plame Wilson sends an e-mail to her division chief (whom she will only identify as “Scott”), informing him of the decision and noting that “my husband has good relations with both the PM [prime minister] and the former minister of mines (not to mention lots of French contacts), both of whom could possibly shed some light on this sort of activity.” Plame Wilson will write that her words are intended to “gently remind [her division chief] of Joe’s credentials to support why my boss thought he should come into headquarters in the first place.” She will note: “Months later, those words would be ripped out of that e-mail and cited as proof that I had recommended Joe for the trip (see February 13, 2002). But at the time, I simply hit the ‘send’ button and moved on to the other tasks that were demanding my attention.” That night, Plame Wilson broaches the subject of going to Niger with her husband; he agrees to meet with her superiors at the CPD. [US Congress, 7/7/2004; Wilson, 2007, pp. 108-110]
Cheney Later Denies Knowledge of Iraq-Niger Claims - During the investigation of the Plame Wilson leak (see September 26, 2003), Cheney will repeatedly deny any knowledge that the CIA was following up on his request for more information. This is a lie. Among other refutations, the Senate Intelligence Committee will report in 2004 that he was told on February 14 that CIA officers were working with clandestine sources to find out the truth behind the Niger allegations (see July 9, 2004). [Wilson, 2007, pp. 368]

Entity Tags: Joseph C. Wilson, Central Intelligence Agency, Counterproliferation Division, Valerie Plame Wilson, Richard (“Dick”) Cheney

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

Joseph Wilson and Valerie Plame Wilson.Joseph Wilson and Valerie Plame Wilson. [Source: Haraz N. Ghanbari / Associated Press]Officials in the CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) decide to send former ambassador Joseph Wilson to Niger to investigate allegations that Iraq sought to procure uranium from that country. Wilson’s wife, Valerie Plame Wilson, a senior CPD officer (see April 2001 and After), relays the request to him explaining that “there’s this crazy report” asserting that Iraq made a deal with Niger on the sale of a large quantity of uranium. [US Congress, 7/7/2004] Shortly afterwards, she sends an overseas cable requesting concurrence with the agency’s decision to send her husband to Niger (see February 13, 2002). She writes, “[B]oth State and [the Department of Defense] have requested additional clarification and indeed, the vice president’s office just asked for background information” (see (February 13, 2002)). [US Congress, 7/7/2004]

Entity Tags: Counterproliferation Division, Central Intelligence Agency, Joseph C. Wilson, Valerie Plame Wilson

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

The CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) holds a meeting with former ambassador Joseph Wilson, intelligence analysts from both the CIA and State Department’s Bureau of Intelligence and Research (INR), and several individuals from the DO’s Africa and CPD divisions. The purpose of the meeting is to discuss the merits of sending Wilson to Niger. Wilson is introduced by his wife Valerie Plame Wilson, who heads CPD’s Joint Task Force on Iraq (JTFI). [US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 94-95]
Wife Does Not Participate in Meeting - In her 2007 book Fair Game, Plame Wilson will write that she brings her husband into the briefing room, introduces him to the “10 or so participants,” and “[a]fter a minute or so, I went back to my desk to attend to what seemed like a hundred other operational crises. When the meeting broke, Joe poked his head in my office to say that the group had asked him to consider going to Niger to discuss the report.” [Wilson, 2007, pp. 111]
Wilson's Qualifications - Wilson will later describe himself as “the insider increasing [the CIA analysts’] store of information, supplying that perspective missing from their raw data. I had served as a junior diplomatic officer in Niger in the mid-1970s, a period that happened to coincide with the growth in the uranium business there. We had followed this issue closely from the American Embassy in Niamey, Niger’s capital, just as my staff and I had when I was ambassador to Gabon, another uranium-producing country, from 1992 to 1995. When I worked on the National Security Council in the Clinton administration two years later, among my areas of responsibility was the African uranium industry. Rarely did conversations with Africans from uranium-producing countries fail to touch on the subject. Niger, where I had traveled frequently over the years, was always of particular interest.” [Wilson, 2004, pp. 8]
Details Shared with Wilson - In the meeting, Wilson learns of a report that purports to document a memorandum of sale from Niger to Iraq, and that the report had aroused the interest of Vice President Dick Cheney (see (February 13, 2002)). Cheney’s office has tasked the CIA to determine the truth or falsity of the report. The report is lacking in key details. Wilson’s knowledge of the region, particularly of the government and private interests involved in mining and distributing uranium, will be particularly helpful. Wilson later writes, “The Nigeriens were the same people I had dealt with during and after my time at the National Security Council, people I knew well.” The former minister of mines, the man responsible for oversight of the industry at the time of the alleged sales, is a friend of his.
Skepticism among Participants about Report - Wilson will later describe himself as “skeptical, as prudent consumers of intelligence always are about raw information.” He will note that much of this kind of intelligence is classified as “rumint,” or rumors passing as fact, and is usually “no more reliable than Bigfoot sightings. Rumint is a necessary and unfortunate reality in a world where many people will tell you what they think you want to hear, as opposed to simple facts.” [Wilson, 2004, pp. 14-15] Notes taken by INR analyst Douglas Rohn, as well as e-mails from other participants, indicate that INR expresses skepticism that the alleged uranium contract could have taken place. Rohn, who served as deputy chief of mission in Niger during the ‘90s, writes that it would have been very difficult to conceal such a large shipment of yellowcake because “the French appear to have control of the uranium mining, milling and transport process, and would seem to have little interest in selling uranium to the Iraqis.” INR also says that the embassy in Niger has good contacts and is thus in a position to get to the truth on the matter, and therefore believes the proposed trip to Niger would be redundant. Others attending the meeting argue that the trip would probably not resolve the matter because the Nigeriens would be unlikely to admit to a uranium sales agreement with Iraq. An e-mail from a WINPAC analyst to CPD following the meeting notes, “[I]t appears that the results from this source will be suspect at best, and not believable under most scenarios.” CPD nonetheless concludes that sending Wilson would be worth a try. [US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 94-95]
Open and Public Visit - Wilson is willing, but points out that he is not a spy, but a former diplomat with no experience with clandestine work. He will be recognized in Niger. Therefore, there can be no expectation of any covert or clandestine actions on his part; everything he does will be open and above board. He also insists on obtaining the approval of both the State Department and the US Ambassador to Niger, Barbro Owens-Kirkpatrick, before entering the country. He expects no payment for his visit, but will accept reimbursement for expenses. The others in the meeting agree. The rest of the two-hour meeting is spent considering and plotting out various scenarios, based on who he might see and what he might learn during his visit. [Wilson, 2004, pp. 16-17] “I went through what I knew about… uranium,” Wilson later recalls. “I went through what I knew about the personalities.… People chimed in, and I answered them as best I could. It was a kind of free-for-all, and at the end they sort of asked, ‘Well, would you be able to clear your schedule and go out there if we wanted?’ and I said, ‘Sure.’” [Vanity Fair, 1/2004]

Entity Tags: Douglas Rohn, Counterproliferation Division, Joseph C. Wilson, Valerie Plame Wilson, US Embassy in Niger, Bureau of Intelligence and Research

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

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