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Context of 'February-July 2001: Trial Presents FBI with Information About Pilot Training Scheme'

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Shortly after he is arrested in Thailand (see August 12, 2003), al-Qaeda leader Hambali is taken to an unknown location and tortured. (Windrem 9/13/2007)

Scientist Steven Hatfill files a lawsuit against Attorney General John Ashcroft, the Justice Department, and FBI, saying his constitutional rights have been violated. Hatfill has been named by the FBI as a “person of interest” in the 2001 anthrax attacks (see October 5-November 21, 2001), but has not been charged or officially declared a suspect. His attorneys claim the FBI deliberately tipped off the media to searches of his house to hide the fact that the anthrax investigation was making little progress. They say 24-hour surveillance and wiretaps violated his privacy (see July 2002-Late 2003). (CNN 8/26/2003) In 2008, Hatfill will settle out of court and receive nearly $6 million in compensation from the government (see June 27, 2008).

Geoffrey Miller.Geoffrey Miller. [Source: US Army]Major General Geoffrey Miller, who oversees the prison at Guantanamo (see November 4, 2002), flies to Iraq for a 10-day consulting trip (see August 18, 2003). He is part of a team “experienced in strategic interrogation… to review current Iraqi theater ability to rapidly exploit internees for actionable intelligence” and to review the arrangements at the US military prisons in Iraq. (Higham, White, and Davenport 5/9/2004; Hersh 5/17/2004; Shadid and Williams 8/24/2004; Savage 2007, pp. 190) The team consists of 17 interrogation experts from Guantanamo Bay, and includes officials from the CIA and the Defense Intelligence Agency (DIA). (Smith and White 6/12/2004)
Attempt to Increase Flow of 'Actionable Intelligence' - The Pentagon’s decision to dispatch the team on this mission was influenced by the military’s growing concern that the failure of coalition forces to quell resistance against the occupation was linked to a dearth in “actionable intelligence” (see August 2003). (Hersh 5/24/2004) Miller has therefore come to help Brigadier General Barabara Fast improve the results of her interrogation operations. More to the point, he is supposed to introduce her to the techniques being used at Guantanamo. (Hersh 6/21/2004; Worden 7/4/2004) Officials are hoping detainees will provide intelligence on weapons of mass destruction and Saddam Hussein, who is still on the loose. (Smith 5/16/2004)
'Gitmoizing' Abu Ghraib - “[Miller] came up there and told me he was going to ‘Gitmoize’ the detention operation,” Brigadier General Janis L. Karpinski, later recalls. (Higham, White, and Davenport 5/9/2004) Miller will later deny he used the word “Gitmoize.” (Smith and White 5/12/2004) During Miller’s visit, a Joint Interrogation and Debriefing Center (JIDC) is established in order to centralize the intelligence operations at the prison. Captain Carolyn A. Wood is made officer in charge (OIC) of the Interrogation Coordination Element (ICE), within the JIDC. (US Department of Defense 8/23/2004 pdf file) Before returning to Washington, Miller leaves a list of acceptable interrogation techniques—based on what has been used in Guatanamo—posted on a wall in Abu Ghraib, which says that long term isolation, sleep disruption, “environmental manipulation,” and “stress positions” can be used to facilitate interrogations, but only with the approval of Lieutenant General Ricardo Sanchez on a case-by-case basis. (Smith 5/21/2004) The use of dogs is also included, even though the technique was banned at Guantanamo eight months before by Defense Secretary Donald Rumsfeld (see January 15, 2003). (Diehl 7/19/2004; US Department of Defense 8/23/2004 pdf file) Karpinski later recalls, “He said they are like dogs and if you allow them to believe at any point that they are more than a dog then you’ve lost control of them.” (BBC 6/15/2004) Miller’s visit to Iraq heralds some significant changes, which include, first, the introduction of more coercive interrogation tactics; second, the taking control of parts of the Abu Ghraib facility by military intelligence; and third, the use of MPs in the intelligence collection process. During his visit, Miller discusses interrogation techniques with military intelligence chief Colonel Thomas M. Pappas. (Golden and Schmitt 5/13/2004)
'Snowballing' Effect of Chaos, Brutality - “The operation was snowballing,” Samuel Provance, a US military intelligence officer, will later recall, describing the situation at Abu Ghraib after Miller’s visit. “There were more and more interrogations. The chain of command was putting a lot of resources into the facility.” And Karpinski will later say that she was being shut out of the process at about this time. “They continued to move me farther and farther away from it.” (White and Higham 5/20/2004) Major General Anthony Taguba (see March 9, 2004) will later determine that Miller’s visit helped bring about the complete breakdown of discipline at the prison: “Interrogators actively requested,” at Miller’s behest, “that MP guards set physical and mental conditions for favorable interrogations of witnesses.” In essence, Miller tells guards to “soften up” prisoners so they will not be able to resist their inquisitors. Miller will later deny any responsibility for the Abu Ghraib torture program (see May 4, 2004). (Savage 2007, pp. 190)

9/11 mastermind Khalid Shaikh Mohammed (KSM) lies about Ibrahim Saeed Ahmed, Osama bin laden’s highly trusted courier, in an apparent attempt to protect bin Laden. KSM was captured by the US in March 2003 (see February 29 or March 1, 2003), and soon was interrogated and tortured with the use of waterboarding (see Shortly After February 29 or March 1, 2003). US intelligence does not yet know Ahmed’s real name, but it does know his alias, Abu Ahmed al-Kuwaiti, and it believes he is one of bin Laden’s most trusted couriers. Later reports suggest that KSM is not asked about Ahmed until the autumn of 2003. Some accounts will claim that KSM is no longer being waterboarded by this time. However, other accounts contradict this. In any case, other torture techniques, known by the euphemism “enhanced interrogation,” are still sometimes being used on him. (Shane and Savage 5/3/2011) In 2011, CIA Director Leon Panetta will make comments that make clear KSM is asked about Ahmed while being waterboarded. He will say: “[N]ot only did the use of ‘enhanced interrogation techniques’ on Khalid Shaikh Mohammed not provide us with key leads on bin Laden’s courier, Abu Ahmed; it actually produced false and misleading information. [KSM] specifically told his interrogators that Abu Ahmed had moved to Peshawar [Pakistan], got married, and ceased his role as an al-Qaeda facilitator—which was not true, as we now know. All we learned about Abu Ahmed al-Kuwaiti through the use of waterboarding and other ‘enhanced interrogation techniques’ against [KSM] was the confirmation of the already known fact that the courier existed and used an alias.” (Sargent 5/12/2011)

Retired Marine General Anthony Zinni, formerly head of the US Central Command, criticizes the Bush administration’s occupation strategy for Iraq, saying that the administration has never put together a coherent strategy, never created a plan for achieving its goals, and has not allocated the resources needed to achieve those goals. “There is no strategy or mechanism for putting the pieces together,” he says, and so “we’re in danger of failing.” Speaking to several hundred Marine and Navy officers and others, Zinni, who was badly wounded in Vietnam, says: “My contemporaries, our feelings and sensitivities were forged on the battlefields of Vietnam, where we heard the garbage and the lies, and we saw the sacrifice. I ask you, is it happening again?… We can’t go on breaking our military and doing things like we’re doing now.” A focus of his criticism is the choice by Defense Secretary Donald Rumsfeld to have the Defense Department, and not the State Department, oversee postwar efforts in Iraq. “Why the hell would the Department of Defense be the organization in our government that deals with the reconstruction of Iraq?” he asks. “Doesn’t make sense.” Another area of criticism is the Bush administration’s cavalier treatment of the United Nations, particularly in failing to secure a UN resolution that several nations said was a prerequisite for their contributing to the peacekeeping force (see October 21, 2002, October 27, 2002, November 8, 2002, December 31, 2002, February 5, 2003, and March 25, 2003). “We certainly blew past the UN,” he says. “Why, I don’t know. Now we’re going back hat in hand.” Zinni is given a warm reception by his audience, some of whom buy recordings of his remarks to share with friends and fellow soldiers. (Ricks 9/5/2003)

The video sleeve for ‘DC 9/11.’The video sleeve for ‘DC 9/11.’ [Source: Internet Movie Database (.com)]Showtime broadcasts a “docudrama” about the 9/11 attacks and the White House’s response, entitled DC 9/11: Time of Crisis. According to New York Times author and media critic Frank Rich, the film drastically rewrites history to portray President Bush as “an unironic action-movie superhero.” In the movie, Bush—portrayed by actor Timothy Bottoms, who played Bush in Comedy Central’s satiric That’s My Bush!—is shown overruling his Secret Service detail and ordering Air Force One to return to Washington immediately, an event which never happened (see (10:32 a.m.) September 11, 2001 and (4:00 p.m.) September 11, 2001). “If some tinhorn terrorist wants me, tell him to come and get me!” the movie Bush shouts. “I’ll be at home, waiting for the b_stard!” The movie Bush has other lines that establish his desire to get back to Washington, including, “The American people want to know where their damn president is!” and “People can’t have an AWOL president!” In one scene, a Secret Service agent questions Bush’s demand to return to Washington by saying, “But Mr. President—” only to be cut off by Bush, who snaps, “Try ‘Commander in Chief.’ Whose present command is: Take the president home!” In reality, most of the orders on 9/11 were given by Vice President Dick Cheney and counterterrorism “tsar” Richard Clarke, but in the movie, Bush is the man in charge. “Hike military alert status to Delta,” he orders Defense Secretary Donald Rumsfeld. “That’s the military, the CIA, foreign, domestic, everything,” he explains. “And if you haven’t gone to Defcon 3, you oughtta.” To Cheney, he barks: “Vice? We are at war.” The White House team are, in Rich’s words, “portrayed as the very model of efficiency and derring-do.” (Farhi 6/19/2003; Stanley 9/5/2003; Rich 2006, pp. 25-26) New York Times reviewer Alessandra Stanley notes that Bush is the unquestioned hero of the film, with British Prime Minister Tony Blair portrayed as “not very eloquent” and Cheney depicted as “a kowtowing yes-man.” (Stanley 9/5/2003)
Conservative Pundits Influenced Script - The movie is produced by Lionel Chetwynd, whom Rich calls “the go-to conservative in B-list Hollywood.” For the movie script, Chetwynd was given unprecedently broad access to top White House officials, including Bush. He also received the assistance of conservative Washington pundits Charles Krauthammer, Morton Kondracke, and Fred Barnes, who cover the Bush White House for such media outlets as Fox News, the Weekly Standard, and the Washington Post. Rich later writes that much of the film seems based on Bob Woodward’s “hagiographic [book] Bush at War (see November 25, 2002).” (Farhi 6/19/2003; Rich 2006, pp. 25-26)
Propaganda Effort? - Before the movie airs, Toronto Sun columnist Linda McQuaig called the film an attempt to mythologize Bush in a fashion similar to Hollywood’s re-creation of the Wild West’s Wyatt Earp, and wrote that the film “is sure to help the White House further its two-pronged reelection strategy: Keep Americans terrified of terrorism and make Bush look like the guy best able to defend them.” Texas radio commentator Jim Hightower added that the movie would present Bush as “a combination of Harrison Ford and Arnold Schwarzenegger.… Instead of the doe-eyed, uncertain, worried figure that he was that day, Bush-on-film is transformed into an infallible, John Wayne-ish, Patton-type leader, barking orders to the Secret Service and demanding that the pilots return him immediately to the White House.” Chetwynd himself has acknowledged that he is a “great admirer” of Bush, and has close ties to the White House. In late 2001, Bush appointed him to the President’s Committee on the Arts and the Humanities. “This isn’t propaganda,” Chetwynd insisted during the shooting of the movie, adding: “Everything in the movie is [based on] two or three sources. I’m not reinventing the wheel here.… I don’t think it’s possible to do a revision of this particular bit of history. Every scholar who has looked at this has come to the same place that this film does. There’s nothing here that Bob Woodward would disagree with.… It’s a straightforward docudrama. I would hope what’s presented is a fully colored and nuanced picture of a human being in a difficult situation.” (Farhi 6/19/2003) Rich will later write that the film is “unmistakably a propaganda effort on behalf of a sitting administration.” (Rich 2006, pp. 25-26)
Blaming the Clinton Administration - Perhaps most questionably, Stanley writes, the film “rarely misses a chance to suggest that the Clinton administration’s weakness was to blame for the disaster.” Bush, she notes, is portrayed as a more decisive leader than his predecessor: in the film, he tells Blair over the telephone: “I want to inflict pain [on the attackers]. Bring enough damage so they understand there is a new team here, a fundamental change in our policy.” (Stanley 9/5/2003)
9/11 Widow Unhappy with Film - Kristen Breitweiser, who lost her husband in the attack on the World Trade Center, calls the film “a mind-numbingly boring, revisionist, two-hour-long wish list of how 9/11 might have gone if we had real leaders in the current administration.” She adds: “It is understandable that so little time is actually devoted to the president’s true actions on the morning of 9/11. Because to show the entire 23 minutes from 9:03 to 9:25 a.m., when President Bush, in reality, remained seated and listening to ‘second grade story-hour’ while people like my husband were burning alive inside the World Trade Center towers, would run counter to Karl Rove’s art direction and grand vision.” Breitweiser questions numerous aspects of the film: “Miscellaneous things that surprised me included the fact that the film perpetuates the big fat lie that Air Force One was a target. Forgive me, but I thought the White House admitted at the end of September 2001 that Air Force One was never a target, that no code words were spoken and that it was all a lie (see (10:32 a.m.) September 11, 2001 and September 12, 2001-March 2004). So what gives?… Not surprisingly, there is no mention of accountability. Not once does anyone say, ‘How the hell did this happen? Heads will roll!’ I was hoping that, at least behind closed doors, there were words like, ‘Look, we really screwed up! Let’s make sure we find out what went wrong and that it never happens again!’ Nope, no such luck.” (Breitweiser 9/8/2003)

The Pittsburg County Courthouse, where Terry Nichols will be tried on 161 counts of first-degree murder.The Pittsburg County Courthouse, where Terry Nichols will be tried on 161 counts of first-degree murder. [Source: Associated Press]Oklahoma State District Judge Steven Taylor rules that convicted Oklahoma City bombing conspirator Terry Nichols, already serving life after being convicted of federal charges for his role in the bombing conspiracy (see June 4, 1998), will be tried in McAlester, Oklahoma, instead of in or near Oklahoma City. Nichols faces 160 (later amended to 161) state charges of first-degree murder, each of which could result in the death penalty (see May 13, 2003). Defense lawyers successfully argued that Nichols would suffer from “prejudicial publicity” among jurors from the Oklahoma City area, though they had argued that the trial should be moved out of state entirely. (New York Times 9/4/2003; New York Times 9/7/2003; New York Times 9/9/2003)

The Justice Department’s criminal division decides not to prosecute a CIA officer, known only as “Albert,” who intimidated al-Qaeda leader Abd al-Rahim al-Nashiri with a handgun and power drill during interrogations. The use of the gun and drill took place around late 2002 (see Between December 28, 2002 and January 1, 2003), but was not authorised by CIA headquarters. As there will be no prosecution, the department returns the matter to the CIA. (Central Intelligence Agency 5/7/2004, pp. 42 pdf file; Goldman 9/7/2010) The CIA’s inspector general will issue a report on the incidents the next month, but its conclusion is unknown (see October 29, 2003).

Vice President Dick Cheney appears on Meet the Press and tells host Tim Russert that Iraq’s support for al-Qaeda was “clearly official policy.” As evidence, he cites the alleged meeting between Mohamed Atta and Iraqi diplomat Ahmed Khalil Ibrahim Samir al-Ani (see April 8, 2001). Cheney also insists that the two trailers found in Baghdad (see April 19, 2003 and May 9, 2003) were mobile biological weapon factories, even though he was told by David Kay, the head of the Iraq Survey Group, that that was probably not the case (see July 29, 2003). (Cheney 9/14/2003; Isikoff and Corn 2006, pp. 313)

In an interview, a key 9/11 Commission staffer, Doug MacEachin, reportedly agrees with an important witness, FBI agent Ali Soufan, that the CIA deliberately withheld from the bureau the knowledge that al-Qaeda leader Khallad bin Attash had attended al-Qaeda’s Malaysia summit and was therefore linked to 9/11 hijacker Khalid Almihdhar. (Soufan 2011, pp. 301-302) However, the Commission’s final report will call the non-passage of this intelligence “an example of how day-to-day gaps in intelligence sharing can emerge even when there is mutual goodwill.” (9/11 Commission 7/24/2004, pp. 267) This interview appears to be the second time the Commission talks to Soufan, which is on September 15, 2003. (9/11 Commission 7/24/2004, pp. 507; Soufan 2011, pp. 297-302) Soufan discusses the case of “Omar,” a joint FBI-CIA source inside al-Qaeda. At an interview of Omar in January 2001 the CIA learned that bin Attash had attended al-Qaeda’s Malaysia summit in early 2000 (see January 5-8, 2000 and January 4, 2001). However, it then failed to share this with the FBI (see January 5, 2001 and After). Soufan tells the Commission’s staff: “This shows that the CIA knew the significance of Malaysia, Khallad, and Almihdhar but actively went out of their way to withhold the information from us. It’s not a case of just not passing on information. This is information the FBI representative working with the source should have been told about. It was a legal requirement. Instead we were deliberately kept out of the loop.” A staffer responds that the CIA claims it shared the information, and Soufan asks whether the Commission checked the “regular cables” between the field and CIA headquarters. After the staffer says they have, Soufan asks whether the Commission has checked the “operational traffic,” and MacEachin responds, “That must be it.” Other staffers are initially puzzled by McEachin’s comment, but he explains it to them. Soufan will comment: “Operational traffic refers to cables sent during an operation. The officer will list procedures, leaving a record in case something goes wrong or something needs to be referred to. Because these cables are strictly procedural and not related to intelligence, they would not be sent to the FBI. If someone wanted to hide something from the FBI, that’s where he would put it. Because Doug had worked for the CIA, he knew what operational cables were, while other members of the team might not have.” The Commission later finds that the information about bin Attash was in an operational cable. (Soufan 2011, pp. 301-302) The reason for the discrepancy between MacEachin’s attitude in the interview of Soufan and the Commission’s final report is unknown.

An Associated Press (AP) report provides details of what alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) has apparently told his CIA interrogators. The article, based on “interrogation reports” reviewed by the AP, makes the following claims:
bullet KSM worked on the Bojinka plot in 1994 and 1995 in the Philippines with Ramzi Yousef, Abdul Hakim Murad, and Wali Khan Amin Shah;
bullet After Yousef and Murad were captured (see January 6, 1995 and February 7, 1995), KSM began to devise a new plot that focused on hijackings on US soil;
bullet KSM first pitched the 9/11 plot to Osama bin Laden in 1996. He wanted bin Laden “to give him money and operatives so he could hijack 10 planes in the United States and fly them into targets”;
bullet After bin Laden agreed in principle, the original plan, which called for hijacking five commercial jets on each US coast, was modified several times. Some versions even had the planes being blown up in mid-air, possibly with the aid of shoe bombs. Bin Laden scrapped various parts of the plan, including attacks on both coasts and hijacking or bombing some planes in East Asia as well;
bullet The original four al-Qaeda operatives bin Laden offered KSM for the plot were eventual hijackers Nawaf Alhazmi and Khalid Almihdhar, as well as Khallad bin Attash and Abu Bara al-Yemeni. “All four operatives only knew that they had volunteered for a martyrdom operation involving planes,” one interrogation report apparently states;
bullet The first major change to the plans occurred in 1999 when the two Yemeni operatives could not get US visas (see April 3, 1999). (Solomon 9/21/2003) (According to the 9/11 Commission Report, KSM actually says Abu Bara al-Yemeni never applied for a US visa); (9/11 Commission 7/24/2004, pp. 492)
bullet Bin Laden then offered KSM additional operatives, including a member of his personal security detail;
bullet At that time the plot was to hijack a small number of planes in the United States and East Asia and either have them explode or crash into targets simultaneously;
bullet In 1999, the four original operatives picked for the plot traveled to Afghanistan to train at one of bin Laden’s camps, where they received specialized commando training (see Late 1999);
bullet Al-Qaeda’s Malaysia summit (see January 5-8, 2000) was, according to the report, a “key event in the plot,” although it does not say whether KSM was physically present. On the other hand, it confirms the presence of Jemaah Islamiyah leader Hambali;
bullet KSM communicated with Alhazmi and Almihdhar while they were in the US using Internet chat software;
bullet KSM has never heard of Omar al-Bayoumi, an apparent Saudi intelligence agent who provided some assistance to future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi when they arrived in California. Neither did he arrange for anyone else in the US to assist Almihdhar and Alhazmi when they arrived in California. Despite this, Almihdhar and Alhazmi soon made contact with a network of people linked to Saudi intelligence services (see January 15-February 2000 and June 23-July 2001);
bullet Bin Laden canceled the East Asian portion of the attacks in the spring of 2000, because, according to a quote from KSM contained in a report, “it would be too difficult to synchronize” attacks in the United States and Asia;
bullet Around that time, KSM reached out to Jemaah Islamiyah, an al-Qaeda affiliate in Southeast Asia. He began “recruiting JI operatives for inclusion in the hijacking plot as part of his second wave of hijacking attacks to occur after Sept. 11,” one summary reportedly says;
bullet Zacarias Moussaoui also went to Malaysia in the run-up to 9/11 (see September-October 2000);
bullet In its final stages, the plan called for as many as 22 terrorists and four planes in a first wave, followed by a second wave of suicide hijackings that were to be aided possibly by al-Qaeda allies in Southeast Asia;
bullet The hijacking teams were originally made up of members from different countries where al-Qaeda had recruited, but in the final stages bin Laden chose instead to use a large group of young Saudi men to populate the hijacking teams;
bullet KSM told interrogators about other terror plots that were in various stages of planning or had been temporarily disrupted when he was captured, including one planned for Singapore (see June 2001 and November 15-Late December 2001);
bullet KSM and al-Qaeda were still actively looking to strike US, Western, and Israeli targets across the world as of this year. (Solomon 9/21/2003)
These statements attributed to KSM are similar to later statements attributed to him by the 9/11 Commission Report. (9/11 Commission 7/24/2004) The Associated Press article cautions that US authorities are still investigating what KSM is telling them, “to eliminate deliberate misinformation.” (Solomon 9/21/2003) KSM made some or all these statements under torture, leading some to question their reliability (see Shortly After February 29 or March 1, 2003, After March 7, 2003, June 16, 2004, and August 6, 2007).

Mahmoud Afif Abdeljalil.Mahmoud Afif Abdeljalil. [Source: Joel Nito / Agence France-Presse]An “envoy” of bin Laden’s brother-in-law is accused of running al-Qaeda front companies in the Philippines and is deported. Mahmoud Afif Abdeljalil, a Jordanian, was arrested in the Philippines in early 1995 and accused of supporting the Bojinka plot, but then was let go (see January 6, 1995 and April 1, 1995-Early 1996). He is arrested in the Philippines again on this day while attempting to sell some properties owned by Mohammed Jamal Khalifa, bin Laden’s brother-in-law. (Abuza 12/1/2002; Elegant 10/27/2003) Philippine officials call him a suspected al-Qaeda operative who had been in close contact with militants from the Abu Sayyaf and other groups. He is called an “envoy” or “point man” for Khalifa, and reputedly took over some of Khalifa’s business front companies after Khalifa left the country in 1994 (see December 1, 1994). His house was used as a safe-house and meeting place for al-Qaeda operatives. (Gutierrez 10/23/2003; Associated Press 10/23/2003) However, despite all these serious allegations, Abdeljalil is deported back to Jordan in early 2004. (Associated Press 3/1/2004)

A man thought to be al-Qaeda second-in-command Ayman al-Zawahiri calls for the overthrow of Pakistani President Pervez Musharraf in an audio cassette made public on this day. The man calls on Pakistanis to “unite and cooperate to topple this traitor and install a sincere leadership that would defend Islam and Muslims.” (Rashid 2008, pp. 230, 436) There will be two apparently al-Qaeda-linked assassination attempts against Musharraf in December 2003 (see December 14 and 25, 2003).

Al-Qaeda operative Nizar Trabelsi is sentenced to ten years in jail in Belgium for his part in a plot to attack the NATO base in Kleine Brogel in the country’s north-east. A couple of hundred US troops were stationed at the base, which was also home to nuclear weapons. The plan was for Trabelsi to pack a van with as much explosive as it could carry, and drive it into the base canteen at lunchtime. Trabelsi admits his participation in the attack and boasts he was to be the first suicide bomber in Europe, but he refuses to give any details about other plots he is alleged to have been involved in, such as a planned bombing of the US embassy in Paris, France. (O'Neill and McGrory 2006, pp. 227)

A portion of the outer door of AT&T’s Folsom Street facility.A portion of the outer door of AT&T’s Folsom Street facility. [Source: Wired News]Senior AT&T technician Mark Klein (see July 7, 2009), newly assigned to the company’s Folsom Street facility in San Francisco, is tasked to work at the seventh floor “Internet room,” where AT&T manages much of its domestic Internet traffic. Klein is intensely curious about the National Security Agency’s “secret room” on the sixth floor (see January 2003). The NSA room has two doors, both labeled “641A,” and is in reality what Klein will later term “a room within a room,” with the outer room filled with ordinary “computer equipment for mundane corporate uses.” He does not know what is in the inner “secret” room. Klein will later write, “While working in the outer room, you could walk around three sides of the secret room, which I measured to be about 24 by 48 feet.” An outer door leads from Room 641A to the 4ESS switchroom, which AT&T uses to manage its long-distance telephone communications. The rooms are connected by “row after row of equipment and a tangle of cabling going up and across the ceiling.” Klein learns that the NSA room is sometimes called “the SIMS room,” an acronym of which no one seems to know the meaning. (PBS Frontline 5/15/2007; Klein 2009, pp. 32-34) Klein will later describe his job at the Folsom Street facility as working with the phone switch equipment on the sixth floor, “which handled the public’s telephone calls and was the workhorse of the phone system.… My main assignment was to oversee the Internet room, and that meant keeping it going. If there were any trouble calls, I had to answer them. If there’s any upgrading work to do, I had to either do it or arrange for others to do it in off hours. Just oversee the flow of work in the Internet room and watch things.” He also spends a tremendous amount of time on the seventh floor, “where the Internet room was.… That’s where there are a lot of Cisco routers, a lot of fiber-optic lines coming in and going out.” The Folsom Street facility serves the Bay Area as well as much of Western America. According to Klein: “There’s lots of Internet traffic, as you can imagine, that goes in and out of this office, probably hundreds of fiber-optic lines that go out, carrying billions—that’s billions with a ‘B’—billions of bits of data going in and out every second every day. So all the Web surfing you’re doing, whatever you’re doing on the Internet—the pictures, the video, the Voice over Internet—all that stuff’s going in and out of there. And then of course there’s also the traditional phone switch, which is doing what it’s been doing since before the Internet.… Handling millions and millions of phone calls, right. That’s its job.” (PBS Frontline 5/15/2007)

A Pakistani attack helicopter fires at Ahmed Said Khadr’s safe house.A Pakistani attack helicopter fires at Ahmed Said Khadr’s safe house. [Source: Canadian Broadcasting Corporation]Al-Qaeda leader Ahmed Said Khadr is killed in a shootout with the Pakistani army. The police received reports that senior members of al-Qaeda were hiding in South Waziristan, part of Pakistan’s tribal region near Afghanistan. The army attacks their safe house. After several hours of shooting, eight people in the safe house are killed and 18 are taken prisoner. One of the killed is later identified as Khadr. He is a long time Canadian citizen who ran a Canadian charity front called Human Concern International. After his death, a sympathetic jihadist group will refer to him as a “founding member” of al-Qaeda. (Bell 10/14/2003; Canadian Broadcasting Corporation 4/20/2006) In fact, thousands of al-Qaeda-linked militants have been hiding out in South Waziristan since early 2002, with the assistance of some in the Pakistani government (see Late 2002-Late 2003). The attack comes as Pakistan is under increasing international pressure to do something about the al-Qaeda safe haven, and takes place just days before Deputy Secretary of State Richard Armitage is due to visit Pakistan. Pakistani journalist Ahmed Rashid will later comment, “Buying time by carrying out an attack just before the visit of a senior US official became a pattern for [Pakistan].” (Rashid 2008, pp. 270)

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

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

The American Civil Liberties Union (ACLU), in partnership with the Center for Constitutional Rights, Physicians for Human Rights, Veterans for Common Sense, and Veterans for Peace, file a Freedom of Information Act (FOIA) request for records concerning the treatment of prisoners and detainees in US custody abroad, most specifically Iraq and Afghanistan. The request is the first spark in a firestorm of legal controversies, FOIA requests, government denials, and lawsuits, as the ACLU and its partners continue to attempt to squeeze documentation out of an uncooperative administration. Although the government will continue to withhold key records, ongoing litigation results in the eventual release of over 100,000 documents, which will be used by ACLU lawyers Jameel Jaffer and Amrit Singh to compile the book Administration of Torture (see October 22, 2007), which will show that detainees have been (and will be) systematically tortured and abused under the orders of senior government officials. (Union 10/7/2003; American Civil Liberties Union 10/22/2007)

The 9/11 Commission interviews its own executive director, Philip Zelikow, over his role in counterterrorism affairs before 9/11 and his links to the Bush administration. The interview occurs shortly after victims’ relatives call for Zelikow’s removal from sensitive parts of the Commission’s investigation (see October 3, 2003).
Insists on Interview - Zelikow actually requests the interview himself and insists that he be placed under oath, as he thinks this will be proof of his eagerness to tell the truth. It is conducted by Dan Marcus, the Commission’s lawyer and one of Zelikow’s subordinates, and lasts for 90 minutes. Zelikow talks about his role in the Bush transition, when he authored a review of operations run by counterterrorism “tsar” Richard Clarke that led to Clarke’s demotion and the downgrading of terrorism as a priority for the new administration (see January 3, 2001). Zelikow also admits writing a strategy document that was later used to justify the invasion of Iraq (see September 20, 2002). While the information was known before in outline, author Philip Shenon will say that it is “especially shocking when heard in this much detail.”
Serious Conflicts of Interest - Marcus notes that Zelikow’s resume mentions neither his role in the transition, nor his authorship of the pre-emptive war document. He forms the opinion that Commission Chairman Tom Kean and Vice Chairman Lee Hamilton may not have known all this before. “I have no idea whether they were deliberately blindsided or not,” he will say. Shenon will add: “Marcus and others on the staff tried to imagine how Zelikow’s conflicts could be any worse. They tried to imagine a comparable conflict on other important blue-ribbon commissions. It became a little parlor game in the office. Would the commission that investigated the Challenger disaster have hired a staff director who was a NASA lobbyist or an executive of one of the contractors that built the faulty shuttle? Would the Warren Commission have hired the chairman of the Dallas tourism board?” (Shenon 2008, pp. 168-170)
Recusal - Following the interview, Zelikow will be recused from the Commission’s investigation of the Bush transition as well as interviews of senior Bush officials (see October 9, 2003 or Shortly After).

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

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

Following nine months of haggling over access to Presidential Daily Brief (PDB) items related to the 9/11 Commission’s work (see Late January 2003, June 2003, and Late Summer 2003), White House Counsel Alberto Gonzales agrees to provide the Commission with a briefing about them.
No Details Provided - Gonzales says the briefing will be about the “contents” of the PDBs, although the Commission is unsure what this means and thinks it may include verbal information about what is written in items relevant to its investigation. However, at the briefing, lawyers simply tell the Commission about how the documents are prepared. They also say that there are approximately 300 PDB items relevant to the Commission’s work, but they will not provide any details of what the items actually say.
Briefing Is 'Ridiculous' - The commissioners are very frustrated, and Republican Commissioner Jim Thompson, for example, complains, “This is ridiculous.” Author Philip Shenon will comment: “The commissioners were seething. If the briefing was meant to placate them, it had done the opposite; it was one more bit of proof of Gonzales’s ham-handed strategy in dealing with the investigation. If anything, the commissioners were now more anxious to see the actual PDBs.” Thompson will add, “We were not going to take no for an answer.” (Shenon 2008, pp. 215-216)

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

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

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

9/11 Commission Chairman Thomas Kean gives an interview to the New York Times in which he attacks the White House over its withholding of classified intelligence about al-Qaeda and attacks on the US from the Commission (see Late January 2003, June 2003, Late Summer 2003, and October 16, 2003). Although he does not mention Presidential Daily Briefs (PDBs) specifically, thinking their name secret, he says, “We’re having trouble with the White House,” meaning that a subpoena may have to be issued. He adds: “Any document that has to do with this investigation cannot be beyond our reach. I will not stand for it.” The piece runs as the lead story on page one of the newspaper, causing a good deal of criticism of President George Bush. It is picked up by Democrats, such as presidential candidate Joe Lieberman, who says, “After claiming they wanted to find the truth about September 11, the Bush administration has resorted to secrecy, stonewalling, and foot-dragging.” (Shenon 10/26/2003; Shenon 2008, pp. 215-216) As a result of this story, President Bush makes a statement identifying the documents the Commission wants as PDBs and promising to work with the Commission to give it some access. (Shenon 2008, pp. 216-217)

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

The CIA’s inspector general, John Helgerson, issues a report on the use of a handgun and power drill to intimidate al-Qaeda leader Abd al-Rahim al-Nashiri during an interrogation. A CIA officer known only as “Albert” threatened al-Nashiri with the gun and drill at a CIA black site in Poland around late 2002 (see Between December 28, 2002 and January 1, 2003). (Central Intelligence Agency 5/7/2004, pp. 42 pdf file; Goldman 9/7/2010) The incidents have already been referred to the Justice Department, which has declined to prosecute (see September 11, 2003). What conclusions Helgerson comes to in the report are unknown. (Central Intelligence Agency 5/7/2004, pp. 42 pdf file)

A CIA officer known only as “Albert” is reprimanded by the agency for threatening detained al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill. The incidents took place at a CIA black site in Poland in December 2002 or January 2003 (see Between December 28, 2002 and January 1, 2003) and Albert’s actions were approved by his supervisor, “Mike,” who is also reprimanded. (Goldman 9/7/2010) The timing of the reprimand is unknown, although it may follow the completion of a report into the matter by the CIA’s inspector general (see October 29, 2003). Both Mike and Albert leave the agency, although Albert will later be rehired as a contractor (see 2003 and Before 2008).

Muhammad Bashmilah.Muhammad Bashmilah. [Source: Public domain via Raw Story]Muhammad Bashmilah, a Yemeni detained in Jordan and then moved to a CIA prison in Afghanistan, will later say that he sees cameras in the prison. He will describe to his lawyer cameras both in his cells and in interrogation rooms, some on tripods and some on the wall. (Mazzetti and Shane 12/11/2007) This claim contrasts with a later statement by the CIA saying that it stopped recording detainee interrogations in late 2002 (see Spring-Late 2002).

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

Charles Graner giving the thumbs up over Manadel al-Jamadi’s dead body on November 4, 2003.Charles Graner giving the thumbs up over Manadel al-Jamadi’s dead body on November 4, 2003. [Source: Public domain]Spc. Dennis E. Stevanus is summoned to the shower stall of the Hard Site in Abu Ghraib. When he arrives he discovers that detainee Manadel al-Jamadi, interrogated by the CIA less than an hour before (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003), is dead. Jamadi’s body is still shackled to the stall. When the hood is removed, he is found to have severe head wounds. (It is unclear whether these wounds were present when the prisoner was taken in, or whether they were inflicted during the interrogation.) (Serrano 5/18/2004; US Department of Defense 8/23/2004 pdf file) Stevanus calls a medic and notifies his superiors. Lt. Col. Steven Jordan arrives at the site at around 7:15 a.m. He finds several MPs and medics in the shower stall. The deceased prisoner is still handcuffed with his hands behind his back, lying on the floor face down. When the body is uncuffed and turned over, Jordan notices a small spot of blood on the floor where his head has lain. (US Department of Defense 8/23/2004 pdf file Sources: Jason A. Kenner) There is also extensive bruising on the body. (Wright 5/20/2004 Sources: Jason A. Kenner) Jordan alerts Col. Thomas M. Pappas. A CIA supervisor is also notified. He arrives and requests that the Hard Site hold the body until the next day. (US Department of Defense 8/23/2004 pdf file) According to ABC News, Spc. Jason A. Kenner sees the body packed in ice while a “battle” rages between CIA and military intelligence interrogators over who should dispose of the corpse. (Wright 5/20/2004) The body is then put in a body bag, packed in ice, and stored in the shower area. (Hersh 5/10/2004; US Department of Defense 8/23/2004 pdf file Sources: Ivan L. Frederick II) Photographs are later released of MP Spcs. Charles Graner and Sabrina Harman posing next to the dead body wrapped in cellophane and packed in ice, giving a “thumbs up.” (Hersh 5/10/2004) According to MP Spc. Bruce Brown, an MP with the 372nd, they spray “air freshener to cover the scent.” (Serrano 5/18/2004) The Criminal Investigation Division (CID) is also alerted. (US Department of Defense 8/23/2004 pdf file)

Lee Hamilton, vice chairman of the 9/11 Commission, makes an 11th-hour visit to the Pentagon in an attempt to avert a subpoena some on the Commission want to file on the Defense Department over documents NORAD is withholding from the Commission (see Late October 2003).
Meeting with Defense Officials - At the Pentagon, Hamilton meets Defense Secretary Donald Rumsfeld, his deputy Paul Wolfowitz, and Undersecretary for Intelligence Stephen Cambone. Hamilton takes with him Slade Gorton, a Republican member of the Commission who is inclined towards issuing the subpoena.
Arranged by Zelikow? - It is unclear who initiated and arranged the meeting; some staffers who want the subpoena issued will accuse Philip Zelikow, the Commission’s executive director, of setting it up as a part of a wider effort to thwart the subpoena (see (Late October-Early November 2003)). However, Zelikow will later say he does not recall having anything to do with the meeting.
Rumsfeld Promises to Settle Issue - At the meeting, Rumsfeld is, according to author Philip Shenon, “charming and agreeable” and insists he is unaware of the problems between the Commission and NORAD. He vows to resolve the issues and promises that any evidence that has been withheld until now will be turned over immediately. Therefore, he says, there is no need for a subpoena.
Differences between Hamilton and Gorton - Hamilton, who was initially rejected for the vice chairmanship of the Commission because of his links to Rumsfeld and other Republicans (see Before November 27, 2002) and who sometimes takes the current administration’s side in internal Commission debates (see March 2003-July 2004 and Early July 2004), thinks this is the end of the matter. “I’ve known Don Rumsfeld for 20, 30 years,” he tells the other commissioners. “When he said, ‘I’m going to get that information for you,’ I took him at his word.” Gorton’s attitude is different. “I was outraged with NORAD and the way they had operated.” Thinking false statements NORAD officials provided to the Commission may have been made knowingly, he will add, “Even if it wasn’t intentional, it was just so grossly negligent and incompetent.” (Shenon 2008, pp. 207) The Commission will vote to issue the subpoena the next day, with Hamilton against and Gorton for (see November 6, 2003).

The 9/11 Commission votes to issue a subpoena on the Defense Department for documents withheld from it regarding the fighter response on the day of the attacks. The vote follows a demand from the Commission’s team investigating the air defense that it be issued, as the military has been withholding documents and making false statements (see Late October 2003), as well as the failure of last-ditch attempts to stop the subpoena’s issue (see (Late October-Early November 2003) and November 5, 2003).
Chairman Kean Has Decisive Vote - The four ordinary Democratic commissioners vote for the subpoena’s issue, but Democratic Vice Chairman Lee Hamilton votes against, together with three ordinary Republican commissioners. The fourth Republican commissioner, Slade Gorton, votes for the subpoena. This means that Tom Kean, the Commission’s Republican chairman, has the deciding vote, and he votes for the subpoena. He dislikes voting against Hamilton, but thinks NORAD is trying to hide something. (Shenon 2008, pp. 207-208)
'Especially Dismayed' - In a statement issued after the vote, the Commission says it is “especially dismayed” by incomplete document production on the part of NORAD. The Commission explains, “In several cases we were assured that all requested records had been produced, but we then discovered, through investigation, that these assurances were mistaken.” (Arnold 11/7/2003)
Documents Expose Apparent False Statements by NORAD - When the documents arrive, according to author Philip Shenon, they show that “NORAD’s public statements about its actions on 9/11 had been wrong, almost certainly intentionally.” Based on interviews of 9/11 Commission staffers, Shenon will add: “This was not the fog of war. This was the military trying to come up with a story that made its performance during 9/11 look reasonably competent, when in fact the military had effectively left the nation’s skies undefended that morning.” In particular, tape recordings of communications at NORAD’s Northeast Air Defense Sector (NEADS) indicate that the military did not know of the hijacking of Flight 93 until it had crashed. 9/11 Commission team leader John Farmer will even say that it is “99 percent” certain that Pentagon officers knew they were lying when they made statements to the Commission, sometimes under oath. (Shenon 2008, pp. 208)

The 9/11 Commission and the White House come to a deal on the Commission’s access to Presidential Daily Briefs (PDBs) relevant to its work. The Commission and White House had been in dispute about the issue for nearly a year (see Late January 2003, June 2003, Late Summer 2003, October 16, 2003, Shortly Before October 26, 2003, and November 6, 2003).
Arrangement - The deal gives Commission Chairman Thomas Kean and Vice Chairman Lee Hamilton, plus two others on the Commission to be designated, access to a group of 20 “core” PDBs clearly relevant to the Commission’s work. In addition, two of these four can read all possibly relevant PDBs and insist on the other two being allowed to see anything they think is important. The deal is struck by Kean and Hamilton for the Commission, White House counsel Alberto Gonzales, and White House chief of staff Andy Card. The Commission designates commissioner Jamie Gorelick and its executive director, Philip Zelikow, as the two who will help Kean and Hamilton and also review all the other PDBs. The other seven commissioners and the rest of the staff cannot see the PDBs.
Criticism - Two of the commissioners, Democrats Tim Roemer and Max Cleland, are extremely angry with the deal and complain the Commission cannot function properly without all the commissioners seeing all the relevant documents. The victims’ relatives are also extremely unhappy, and the Family Steering Committee releases a statement saying, “A limited number of commissioners will have restricted access to a limited number of PDB documents,” adding, “The Commission has seriously compromised its ability to conduct an independent, full, and unfettered investigation.” They are also unhappy that Zelikow is one of the two handling the main review, because they are concerned about his ties to National Security Adviser Condoleezza Rice, among other issues (see March 21, 2004). One of the victim’s relatives, Kristen Breitweiser, says, “How much more of Zelikow do we have to take?” The Commission’s counsel, Daniel Marcus will agree with the families, saying, “If we were going to have a staff person do this, Philip was not the right person.” (Shenon 2008, pp. 218-219)

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

Saudi Defense and Aviation Minister Prince Sultan bin Abdul Aziz.
Saudi Defense and Aviation Minister Prince Sultan bin Abdul Aziz. [Source: Public domain]In a series of rulings, a number of defendants are removed from a 9/11 lawsuit filed in August 2002 (see August 15, 2002). The lawsuit, filed on behalf of 9/11 victims’ relatives, accuses a number of individuals and organizations of funding and supporting al-Qaeda and thus helping the 9/11 attacks to occur. A number of Saudi princes are dropped because they work for the Saudi government. One judge writes in a ruling, “Whatever their actions, they were performed in their official (government) capacities.” According to the court ruling, only the US president, not the courts, has the authority to label a foreign nation as a terrorist supporter. Judges rule that the plaintiffs failed to provide sufficient facts to overcome the kingdom of Saudi Arabia’s immunity. Saudi defense minister Prince Sultan bin Abdul Aziz, Saudi ambassador to Britain Prince Turki al-Faisal, and Prince Mohammed Al-Faisal Al-Saud, among others, are dismissed from the lawsuit, but the lawsuit is allowed to proceed against many more defendants, including the Saudi Binladin Group, the multibillion dollar bin Laden family company. (Associated Press 11/16/2003; Bartelme 11/18/2003; Associated Press 1/19/2005; Hamblett 9/28/2005) A judge writes in a ruling that “the Saudi Binladin Group maintained close relationships with Osama bin Laden at certain times” and that it remains “unclear” whether these ties continued since bin Laden became involved in terrorism. (Follath and Mascolo 6/6/2005) The International Islamic Relief Organization (IIRO) is allowed to remain as a defendant, even though this charity has considerable ties to the Saudi government. (Hamblett 9/28/2005) Some of the Saudi princes, such as Prince Sultan and Prince Salman, are represented in the case by the prestigious Dallas-based law firm of Baker Botts. James Baker, former Secretary of State and close associate of the Bush family, is one of the senior partners of the law firm. (Isikoff and Hosenball 4/16/2003; Hamblett 9/28/2005)

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

Peter Bergen.Peter Bergen. [Source: Peter Bergen]Author and former war correspondent Peter Bergen writes that in the run-up to the Iraq war, most Americans believed wholeheartedly that Saddam Hussein and Iraq were behind the 9/11 attacks. Bergen writes: “[T]he belief that Saddam posed an imminent threat to the United States amounted to a theological conviction within the administration, a conviction successfully sold to the American public. So it’s fair to ask: Where did this faith come from?” One source is the American Enterprise Institute (AEI), a neoconservative think tank who has placed many of its fellows in the Bush administration, including Paul Wolfowitz, Richard Perle, and John Bolton. But, Bergen notes, none of the AEI analysts and writers are experts on either Iraq or the Middle East. None have ever served in the region. And most actual Middle East experts both in and out of government don’t believe that Iraq had any connection to the 9/11 attacks. The impetus for the belief in a 9/11-Iraq connection in part comes from neoconservative academic Laurie Mylroie.
Mylroie Supplies Neoconservatives with Desired Rationale - A noted author with an impressive academic resume, Mylroie, Bergen writes, “was an apologist for Saddam’s regime, but reversed her position upon his invasion of Kuwait in 1990, and, with the zeal of the academic spurned, became rabidly anti-Saddam.” In 1993, Mylroie decided that Saddam Hussein was behind the World Trade Center bombings, and made her case in a 2000 AEI-published book, Study of Revenge: Saddam Hussein’s Unfinished War Against America (see October 2000). Mylroie’s message was evidently quite popular with AEI’s neoconservatives. In her book, Mylroie blamed every terrorist event of the decade on Hussein, from the 1993 WTC bombings (a theory Bergen calls “risible”) to the 1996 crash of TWA Flight 800 into Long Island Sound (see July 17, 1996-September 1996), the 1998 embassy bombings in Tanzania and Kenya (see 10:35-10:39 a.m., August 7, 1998), the 2000 attack on the USS Cole (see October 12, 2000), and even the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Bergen calls her a “crackpot,” and notes that it “would not be significant if she were merely advising say, [conservative conspiracy theorist] Lyndon LaRouche. But her neocon friends who went on to run the war in Iraq believed her theories, bringing her on as a consultant at the Pentagon, and they seem to continue to entertain her eccentric belief that Saddam is the fount of the entire shadow war against America.”
Complete Discrediting - Bergen, after detailing how Mylroie ignored conclusive evidence that both the 1993 and 9/11 attacks were planned by al-Qaeda terrorists and not Saddam Hussein, quotes former CIA counterterrorism chief Vincent Cannistraro, who says Mylroie “has an obsession with Iraq and trying to link Saddam to global terrorism.” Cannistraro is joined by author and former CIA analyst Ken Pollack; Mary Jo White, the US attorney who prosecuted the 1993 WTC bombings and 1998 embassy attacks; and Neil Herman, the FBI official who headed the 1993 WTC investigation, who all dismiss Mylroie’s theories as absolutely baseless and thoroughly disproven by the evidence.
Belief or Convenience? - Apparently such thorough debunking did not matter to the AEI neoconservatives. Bergen writes that they were “formulating an alternative vision of US foreign policy to challenge what they saw as the feckless and weak policies of the Clinton administration. Mylroie’s research and expertise on Iraq complemented the big-think strategizing of the neocons, and a symbiotic relationship developed between them.” Whether the neoconservatives actually believed Mylroie’s work, or if “her findings simply fit conveniently into their own desire to overthrow Saddam,” Bergen isn’t sure. Perle later backed off of supporting Mylroie’s theories, calling them less than convincing and downplaying her role in developing arguments for overthrowing Hussein even as he suggests she should be placed in a position of power at the CIA. It is known that after 9/11, former CIA Director James Woolsey, a prominent neoconservative, went to Britain to investigate some of Mylroie’s claims (see Mid-September-October 2001). And in September 2003, Vice President Cheney called Iraq “the geographic base of the terrorists who have had us under assault for many years, but most especially on 9/11,” an echoing of Mylroie’s own theories. Mylroie’s latest book, Bush vs. the Beltway: How the CIA and the State Department Tried to Stop the War on Terror, accuses those agencies of suppressing information about Iraq’s role in 9/11, again contradicting all known intelligence and plain common sense (see July 2003).
Zeitgeist - Bergen concludes that in part because of Mylroie’s theories and their promulgation by Bush, Cheney, and prominent neoconservatives in and out of the administration, the US has been led into a disastrous war while 70 percent of Americans believe that Hussein had a role in the 9/11 attacks. “[H]er specious theories of Iraq’s involvement in anti-American terrorism have now become part of the American zeitgeist.” Perhaps the most telling statement from Mylroie comes from a recent interview in Newsweek, where she said: “I take satisfaction that we went to war with Iraq and got rid of Saddam Hussein. The rest is details.” Bergen retorts sourly, “Now she tells us.” (Bergen 12/2003; Unger 2007, pp. 216)

9/11 Commissioner Bob Kerrey threatens to resign from the commission after discovering a memo written by the commission’s Executive Director Philip Zelikow outlining Zelikow’s ties to National Security Adviser Condoleezza Rice (see 1995). Kerrey, who was recently appointed to the commission (see December 9, 2003), makes this discovery on his first day at the commission’s offices.
Conflict of Interests - Kerrey will later say that, although he was aware Zelikow and Rice were friends, he “just could not believe” the more detailed information the memo contains. For example, Zelikow had been responsible for downgrading terrorism as a priority in the Bush administration (see January 3, 2001) and had authored a pre-emptive war doctrine that amounted to the “gene code” for the administration’s policy on Iraq (see September 20, 2002). Author Philip Shenon will write, “Kerrey wondered how [9/11 Commission Chairman Tom] Kean and [Vice Chairman Lee] Hamilton could have agreed to put someone with such an obvious conflict of interest in charge of the investigation.”
Persuaded to Remain - The next day, Kerrey meets Kean and tells him, “Look, Tom, either he goes or I go.” Kean tries to talk Kerrey out of it, saying he and Hamilton are keeping a close eye on Zelikow for signs of partisanship. However, he only convinces Kerrey to continue to think over his decision. Shenon will comment, “For Kean, it was hard to see which would be worse, the loss of Zelikow so late in the investigation or the angry resignation of a newly arrived commissioner because of Zelikow’s conflicts of interest.” Soon after this, Kean convinces Kerrey to drop his threat to resign entirely, and both Kerrey and Zelikow remain on the commission. (Shenon 2008, pp. 164-165)

President Musharraf’s car damaged in one of the  assassination attempts.President Musharraf’s car damaged in one of the assassination attempts. [Source: Mian Khursheed / Reuters]On December 14, 2003, Pakistani President Pervez Musharraf survives an assassination attempt when a powerful bomb goes off 30 seconds after his highly-guarded convoy crosses a bridge in Rawalpindi, Pakistan. The heavily guarded bridge is just a mile from Musharraf’s house, yet militants were able to spend severals days tying explosives to the pylons below it. His life is saved by a jamming device in his car given to him by the FBI, which temporarily jams all telephone signals and thus delays the explosion. On December 25, 2003, two suicide bombers launch another attempt to assassinate Musharraf, driving car bombs into his convoy a short distance from the location of the previous attack. Their car bombs fail to kill him and he escapes with only a cracked windscreen on his car, but 16 others nearby are killed.
Investigation - The identities of the two suicide bombers are soon discovered. One is Mohammed Jamil, a member of the Jaish-e-Mohammed (JEM) militant group who fought with the Taliban. The other is Hazir Sultan, who also fought with the Taliban. The memory chip from Jamil’s phone is found in the debris, and it is discovered he talked to a policeman who told him the timing of Musharraf’s convoy. Only a handful of military officers knew the route and timing of Musharraf’s travels and which of several identical cars he would be using at any given time, suggesting that elements within the military were involved in the attacks. Investigators also discover that the explosives used in the attacks came from an al-Qaeda camp in the Pakistani tribal area of South Waziristan. (Rashid 2008, pp. 230-232)
Militant Leaders against Musharraf - Osama bin Laden apparently called for Musharraf’s overthrow in October 2002 (see October 9, 2002), and Ayman al-Zawahiri apparently did the same in September 2003 (see September 28, 2003). In the months prior to the assassination attempts, Maulana Masood Azhar, head of JEM, gave a speech at a prominent mosque calling for Musharraf’s assassination. (Hasan 7/27/2007)
Limited Crackdown - Musharraf responds by reshuffling positions in the military high command. More than 150 military and security personnel will eventually be arrested and interrogated. Twelve suspects are eventually found guilty and sentenced to death for roles in the attacks; at least six are military officers. It is believed the suicide bombers and these officers were recruited and trained by Amjad Farooqi, a JEM leader also closely linked to al-Qaeda and the Taliban. Al-Qaeda leader Abu Faraj al-Libbi, said to be Farooqi’s superior, is also allegedly involved. A massive manhunt for Farooqi and al-Libbi will ensue. Farooqi will eventually be killed in September 2004 (see September 27, 2004) and al-Libbi captured in May 2005 and taken into US custody (see May 2, 2005). However, Musharraf’s response is relatively restrained. He avoids calls to launch a crackdown on the entire Islamist militant movement in Pakistan. He does not ban any militant groups, nor does he arrest militant leaders, not even Azhar, the head of JEM who had publicly called for his assassination. (JEM had been banned in Pakistan for a second time the month before (see November 2003).) He does allow the Pakistani Army to attack the safe haven of South Waziristan several months later, but only after the US gives him an ultimatum, essentially forcing him to do so (see March 18- April 24, 2004). (BBC 9/27/2004; Rashid 2008, pp. 230-232)

A United Nations report criticizes Switzerland for failing to prevent support from reaching al-Qaeda and the Taliban. UN observers claim there is weapons smuggling passing through Switzerland to Afghanistan. The report further claims that the leaders of the banned Al Taqwa Bank (see November 7, 2001) are continuing to do business with new and renamed financial entities. They continue to maintain commercial interests and properties in Italy and Switzerland, despite being on US and UN blacklists. Switzerland is also failing to enforce travel bans. For instance, Al Taqwa leader Youssef Nada was able to travel through Switzerland to Liechtenstein and back in January 2003. (Swissinfo 12/16/2003) Salon noted in 2002 that, for many years, Al Taqwa has benefited from political connections in Switzerland. Al Taqwa directors have ties to some European far right wing politicians such as French politician Jean-Marie Le Pen, and even neo-Nazi groups (see 1988). (Bushinsky 3/12/2002; Komisar 3/15/2002) Newsweek will later report that in 2004, the UN will not convince its members to plug loopholes in the sanctions against Al Taqwa related entities. Instead, the UN Security Council will abolish its own monitoring group. (Isikoff and Hosenball 3/3/2004; Isikoff and Hosenball 12/24/2004) In late 2004, the Washington Post will report that although Al Taqwa “was supposedly shut down, US and European officials say they still find Nada moving funds under new corporate names.” (Mintz and Fatah 9/11/2004) Additional reports of entities connected to Al Taqwa directors continuing to do business will appear in 2005 (see June-October 2005).

9/11 Commission Executive Director Philip Zelikow says that former counterterrorism “tsar” Richard Clarke must be placed under oath when he is interviewed by the commission.
'I Know Dick Clarke' - Usually, former and current government officials being interviewed by the commission are not placed under oath; this only happens when there is, in author Philip Shenon’s words, “a substantial reason to doubt their truthfulness.” Zelikow tells the staff, “I know Dick Clarke,” and, according to Shenon, argues that “Clarke was a braggart who would try to rewrite history to justify his errors and slander his enemies, [National Security Adviser Condoleezza] Rice in particular.” Zelikow is close to Rice (see January 3, 2001, May-June 2004, and February 28, 2005). Zelikow had also previously told Warren Bass, the commission staffer responsible for the National Security Council, that Clarke should not be believed and that his testimony was suspect.
Staff Cannot Talk to Zelikow about Rice - Due to Zelikow’s constant disparagement of Clarke and for other reasons, the staff come to realize that, in Shenon’s words, “they could not have an open discussion in front of Zelikow about Condoleezza Rice and her performance as national security adviser.” In addition, “They could not say openly, certainly not to Zelikow’s face, what many on the staff came to believe: that Rice’s performance in the spring and summer of 2001 amounted to incompetence, or something not far from it.”
Effect of Recusal Agreement - Zelikow has concluded a recusal agreement in the commission, as he was involved in counterterrorism on the Bush administration transition team. As a consequence of this agreement, he cannot be involved in questioning Clarke on any issue involving the transition. Shenon will comment: “[Zelikow] had reason to dread what Clarke was about to tell the commission: It was Zelikow, after all, who had been the architect of Clarke’s demotion in the early weeks of the Bush administration, a fact that had never been aired publicly.”
First Interview - Clarke is first interviewed by the commission on December 18, and the interview is mostly conducted by Daniel Marcus, the commission’s lawyer. Marcus and the other staffers present at the interview realize within minutes what an important witness Clarke will be and what damage he could do to Bush and Rice. Marcus will later comment, “Here was a guy who is totally unknown outside the Beltway, who had been a Washington bureaucrat all of his life, who turns out to be a dynamite witness.” Clarke tells the commission of charges he will later repeat publicly (see March 21, 2004 and March 24, 2004), saying that Bush and Rice did not take terrorism seriously enough in the run-up to the attacks, that they were more focused on issues left over from the Cold War, and that Bush tried to get him to link the attacks to Iraq. (Shenon 2008, pp. 145-146, 196-199)

Neoconservative Michael Ledeen, in an op-ed piece published by the Wall Street Journal, makes numerous charges against the Iranian government, saying it supports terrorism and is on the verge of developing a nuclear weapon. He asserts that the Bush administration must therefore act soon against Iran. He says Iran is the “ultimate litmus test of the seriousness of the Bush administration” and that the administration’s “ability to conduct an effective campaign against the mullahs in Tehran will determine the outcome of the war against the terror masters.” Ledeen asserts that the US does not need to invade Iran to “liberate it,” rather it only needs to support the “enthusiastically pro-American” people, as the US did the “Serbs against Slobodan Milosovic, the Filipinos against the Marcoses, the Poles against Soviet Communism.” (Ledeen 12/19/2003)

The chief of the CIA’s station in Baghdad, Iraq, is removed from his position. (Miller and Drogin 2/20/2004; Jehl and Johnston 2/27/2005) At this time the chief, whose name is apparently Gerry Meyer (see May 18, 2006), is not in Iraq, but reporting to superiors in Washington. He is simply told not to return to his station. (Risen 2006, pp. 147) However, the reason for the chief’s removal is unclear and three contradictory accounts will be given. The first account, put about by anonymous officials, is that Meyer does not have the management skills to administer the station, one of the largest the CIA has ever had. (Jehl and Johnston 2/27/2005; Risen 2006, pp. 128) One unnamed official will comment, “There was just a belief that it was a huge operation and we needed a very senior, very experienced person to run it.” A second version holds that Meyer is fired for drafting two pessimistic “Aardwolf” reports about the US’s prospects in Iraq (see August 30, 2003 and November 10, 2003). (Miller and Drogin 2/20/2004) According to a Harper’s magazine post, White House officials ask for “dirt” on Meyer, including his political affiliation. “He was a good guy,” an anonymous CIA official will comment, “well-wired in Baghdad, and he wrote a good report. But any time this administration gets bad news, they say the critics are assholes and defeatists, and off we go down the same path with more pressure on the accelerator.” (Silverstein 5/18/2006) However, a third version will later emerge. In this account, the firing is due to concern over the deaths of two Iraqis questioned by CIA officials shortly before Meyer’s removal. After senior agency officials learn of the deaths of Abed Hamed Mowhoush (see November 26, 2003) and Manadel al-Jamadi (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003), in which CIA personnel were involved, they become unhappy with Meyer and have him removed. (Jehl and Johnston 2/27/2005; Risen 2006, pp. 127-128) This version will apparently be supported by a document released subsequent to a Freedom of Information Act request in 2009. The document is a redacted set of May 2004 talking points to be used by a senior CIA official in a briefing of the House Intelligence Committee. The talking points do not say specifically why Meyer was fired, but do say he committed errors in detainee treatment. This will be confirmed by an anonymous former official, who will say that Meyer “wasn’t paying enough attention to the detainee situation,” as well as the issue of “ghost detainees.” (Strobel 8/25/2009) Whatever the reason for his firing, Meyer soon leaves the CIA. (Jehl and Johnston 2/27/2005; Silverstein 5/18/2006) According to author James Risen, his departure comes after he faces “piercing questions from CIA officials stemming from a series of inflammatory accusations about his personal behavior, all of which he flatly denied.” Risen will add that Meyer leaves the CIA “in disgust.” Whatever the reason, some CIA officials come to believe that Meyer ran into trouble because of the candid report. “When I read that November aardwolf,” a CIA official who knows Meyer will comment, “I thought that he was committing career suicide.” (Risen 2006, pp. 127-128)

9/11 Commissioner Jamie Gorelick and Philip Zelikow, the 9/11 Commission’s executive director, complete a review of 300 Presidential Daily Brief (PDB) items that might be relevant to the Commission’s work. They find that 50 of them are actually relevant and, under the terms of an agreement they have with the White House (see November 7, 2003), tell White House counsel Alberto Gonzales that the Commission’s chairman and vice chairman, Thomas Kean and Lee Hamilton, should see these 50. The other seven commissioners will not see any of the PDBs, but Gorelick and Zelikow want to show them a 10-page summary of what they have found. The White House had previously agreed to this in principle, but Gonzales says that 50 is too many. He says that when the agreement was concluded, he thought they would only want to show one or two more to Kean and Hamilton. In addition, he claims the 10-page summary is way too long, and has too much detail about one key PDB concerning Osama bin Laden’s determination to strike inside the US (see August 6, 2001). Gonzales’s response angers all the commissioners. Its lawyer, Daniel Marcus, is instructed to hire an outside counsel to draft a subpoena, and he engages Robert Weiner, a leading Washington lawyer. The subpoena is to be for Gorelick and Zelikow’s notes, because the Commission thinks it is more likely to get them. However, Marcus will say that filing a subpoena “would have been Armageddon,” because, “Even though we had a good legal argument, the subpoena would have been a disaster for us because we could not have won the litigation in time to get the PDBs.” (Shenon 2008, pp. 222-224) The subpoena will not be sent due to a last ditch intervention by Zelikow (see February 2004).

In response to a question at a news conference, Secretary of State Colin Powell says, “I have not seen a smoking gun, concrete evidence about the connection [between Saddam Hussein and al-Qaeda], but I think the possibility of such connections did exist and it was prudent to consider them at the time that we did.” (Associated Press 1/8/2004; Whitaker 1/11/2004) Former ambassador Joseph Wilson will later write, “The second justification for war—ties to ‘terrorism with a global reach,’ to use the president’s own words—had now been discredited by one of the most senior officials in his own administration.” (Wilson 2004, pp. 413)

Vice President Dick Cheney tells Rocky Mountain News that a November 2003 article published in the conservative Weekly Standard (see November 14, 2003) represents “the best source of information” on cooperation between Iraq and al-Qaeda. The article was based on a leaked intelligence memo that had been written by Undersecretary of Defense for Policy Douglas Feith in 2002 and was the product of the Office of Special Plans (see August 2002). Cheney also insists that the administration’s decision to invade Iraq was “perfectly justified.” (Sprengelmeyer 1/10/2004; Landay 3/9/2004)

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

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

Following the arrest of German national Khalid el-Masri in Macedonia (see December 31, 2003-January 23, 2004), a dispute breaks out at CIA headquarters over what to do with him. Alfreda Frances Bikowsky, a manager at Alec Station, the CIA’s bin Laden unit, argues that el-Masri should be rendered to Afghanistan. Author Jane Mayer will describe Bikowsky as a “tall, pale-skinned, spiky-haired redhead who wore bright red lipstick” and indicate she is a former Soviet analyst who had been at Alec Station during the pre-9/11 failures. Mayer will add that she “was particularly controversial among many of her male colleagues for her ferociousness,” and, that she was “reviled by some male colleagues for what they regarded as her aggression.” Lacking proof against el-Masri, Bikowsky argues that the man in custody is probably a terrorist and should be taken to a black site. (Mayer 2008, pp. 35, 273, 282-283) A former CIA officer will say: “She didn’t really know. She just had a hunch.” (Priest 12/4/2005) Mayer will attribute Bikowsky’s determination to having been part of the unit when it failed before 9/11. Other officers suggest they should wait to see whether el-Masri’s passport, suspected of being a forgery, is genuine or not, and point out there is no evidence he was anything but a tourist on holiday when he was arrested. However, Bikowsky does not trust the Germans, apparently thinking them soft on terrorism, and does not want to wait. Another problem is that these discussions occur during the holiday period and, by the time the CIA’s station in Germany looks at the paperwork, el-Masri is already on his way to Afghanistan (see January 23 - March 2004). (Mayer 2008, pp. 282-283) Bikowsky will also make a sight-seeing trip to see alleged 9/11 mastermind Khalid Shaikh Mohammed waterboarded (see After March 7, 2003), will be considered for the position of deputy station chief in Baghdad (see (March 23, 2007)), and may be interviewed by the CIA’s inspector general during its investigation into torture (see July 16, 2003).

Al-Qaeda leader Hassan Ghul is caught at the Iraq-Iran border. Details are sketchy, both about the arrest and Ghul himself, who has never been publicly mentioned before. Several days later, President Bush will say: “[L]ast week we made further progress in making America more secure when a fellow named Hassan Ghul was captured in Iraq. [He] reported directly to [9/11 mastermind] Khalid Shaikh Mohammed.… He was captured in Iraq, where he was helping al-Qaeda to put pressure on our troops.” (Milbank 1/27/2004) Ghul had been living in Pakistan, but the Pakistani government refused to arrest him, apparently because he was linked to a Pakistani military group supported by Pakistani intelligence (see (2002-January 23, 2004)). Pakistan is reportedly furious when it is told he has been arrested in Iraq. (Associated Press 6/15/2011) US officials point to his arrest as proof that al-Qaeda is heavily involved in the resistance in Iraq. One official says that Ghul was “definitely in Iraq to promote an al-Qaeda, Islamic extremist agenda.” (Fox News 1/24/2004) The 9/11 Commission will later claim: “Hassan Ghul was an important al-Qaeda travel facilitator who worked with [al-Qaeda leader] Abu Zubaida assisting Arab fighters traveling to Afghanistan. In 1999, Ghul and Zubaida opened a safe house under the cover of an import/export business in Islamabad [Pakistan]. In addition, at Zubaida’s request, Ghul also successfully raised money in Saudi Arabia.” (9/11 Commission 8/21/2004, pp. 64 pdf file) But despite acknowledgment from Bush that Ghul is in US custody, Ghul subsequently completely disappears, becoming a “ghost detainee.” Apparently, he will provide vital intelligence during US interrogation (see Shortly After January 23, 2004). The US will eventually transfer Ghul to Pakistani custody (see (Mid-2006)), and Pakistan will release him, allowing him to rejoin al-Qaeda (see (Mid-2007)).

Pentagon adviser Richard N. Perle speaks at a charity event whose stated purpose is to express “solidarity with Iran” and raise money for Iran earthquake victims. During the event, statements are made in support of “regime change in Iran.” The event is attended by FBI agents because of suspicions that the event has connections to the Mujahedeen-e Khalq (MEK), a militant Iranian opposition group that is included on the state department’s list terrorist organizations. The US Treasury Department will freeze the assets of the event’s prime organizer, the Iranian-American Community of Northern Virginia, two days later (see January 26, 2004). Perle tells the Washington Post that he was unaware of possible connections to MEK. (Kessler 1/29/2004)

Maulana Fazlur Rehman Khalil.Maulana Fazlur Rehman Khalil. [Source: Public domain]The Los Angeles Times reports that Maulana Fazlur Rehman Khalil, leader of the Pakistani militant group Harkat ul-Mujahedeen (HUM), is living and operating openly in Pakistan. He lives with his family in the city of Rawalpindi and urges his followers to fight the US. Khalil was a signatory to Osama bin Laden’s February 1998 fatwa [religious edict] that encouraged attacks on Americans and Jews anywhere in the world (see February 22, 1998). In late 1998, Khalil said, “We will hit back at [the Americans] everywhere in the world, wherever we find them. We have started a holy war against the US and they will hardly find a tree to take shelter beneath it.” The Pakistani government banned HUM in January 2002 (see Shortly After January 12-March 2002), but the group simply changed its name to Jamiat ul-Ansar and continued to operate. Then it was banned again in November 2003 (see November 2003). The Times reports that HUM is openly defying the most recent ban. HUM publishes a monthly magazine that urges volunteers to fight the US in Afghanistan and Iraq. In a recent issue published since the most recent ban, Khalil calls on followers to “sacrifice our life, property and heart” in order to help create one Muslim nation that will control the whole world. The magazine continues to appear on newsstands in Pakistan and gives announcements for upcoming HUM meetings and events, despite the group supposedly being banned.
Government Takes No Action - The Pakistani government claims not to know where Khalil is, even though his magazine publishes his contact information (Times reporters attempting to find him for an interview were detained and roughed up by his supporters.) Government officials also claim that Khalil and HUM are doing nothing illegal, even though HUM’s magazine makes clear fund-raising appeals in each issue, and Pakistani law clearly specifies that banned groups are not allowed to fund-raise. Officials also say that they don’t know where the leaders of other banned militant groups like Jaish-e-Mohammed and Lashkar-e-Toiba are, but these leaders make frequent public appearances and documents obtain by the Times show the ISI intelligence agency is closely monitoring them. Militant leader Maulana Masood Azhar has not been arrested even though his group, Jaish-e-Mohammed, was recently implicated in the attempted assassination of Pakistani President Pervez Musharraf (see December 14 and 25, 2003). (Watson and Zaidi 1/25/2004)
Link to California Suspect - In 2005, a Pakistani immigrant to the US named Umer Hayat will be arrested in California on terrorism charges. He will allegedly confess to having toured training camps in Pakistan run by Khalil, who is a family friend. He will only serve a short time for making false statements to the FBI, but his son Hamid Hayat will be sentenced to 24 years in prison on similar charges (see June 3, 2005). (Tempest, Krikorian, and Romney 6/9/2005)

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

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

Michael Scheuer, former head of the CIA’s bin Laden unit, will claim in a 2008 book that in early 2004, the 9/11 Commissioners indicate that they intend to name a junior CIA officer as the only official to be identified for a pre-9/11 failure. However, Scheuer writes: “A group of senior CIA officers… let it be known that if that officer was named, information about the pre-9/11 negligence of several very senior US officials would find its way into the media. The commissioners dropped the issue.” (Scheuer 2008, pp. 273) The name of the junior officer is not known, but some possibilities include:
bullet Tom Wilshire (referred to as “John” in the final 9/11 Commission report), who withheld information about 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi from the FBI (see 9:30 a.m. - 4:00 p.m. January 5, 2000, May 15, 2001, Mid-May 2001, Mid-May 2001, Late May, 2001, August 22, 2001, and August 24, 2001);
bullet Clark Shannon (“Dave”), one of his associates who also failed to inform the FBI about Almihdhar and Alhazmi (see June 11, 2001);
bullet Richard Blee (“Richard”), Wilshire’s boss, who apparently failed to pass on information about Almihdhar to his superiors (see August 22-September 10, 2001).
The names of the CIA officers who threaten the Commission are not known, nor are the details of the alleged negligence by the senior officials.

On February 2, 2004, the deadly toxin ricin is detected on an automatic mail sorter in the Senate office building mailroom that serves the office of Senate Majority Leader Bill Frist (R-TN). Subsequent tests confirm the substance is ricin. No one gets ill. Some buildings are closed, but Senate business continues as usual. It is presumed that the ricin arrived in a letter, but the letter is not found, leaving few clues. (CNN 2/4/2004) About two months later, it is reported that laboratories are continuing to analyze the ricin in an attempt to determine where it came from, but no suspects or likely motives have been identified. In October 2004, two letters were intercepted in South Carolina and Tennessee containing real ricin. Letters were found with the ricin objecting to new rules for truckers. One letter was intended to go to the Department of Transportation and another to the White House. But it is unknown if there is any connection between those letters and the ricin in Frist’s office, although Frist represents Tennessee. It is also unknown if there is any connection to the 2001 anthrax attacks (see October 5-November 21, 2001). According to the Associated Press, “Unlike anthrax spores, ricin requires little scientific training to engineer and is not nearly as dangerous to handle.” (Associated Press 3/31/2005)

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

The 9/11 Commission has a private meeting with National Security Adviser Condoleezza Rice. The meeting is held in the White House’s Situation Room, the location apparently chosen by Rice in an attempt to impress the commissioners.
Questioning Is 'Polite but Pointed' - The White House has insisted that the encounter be described as a “meeting” rather than an “interview,” because that would sound too formal and prosecutorial. In addition, there is to be no recording of the interview and Rice is not placed under oath. The time limit on the interview is two hours, but it actually lasts four. Rice’s close associate Philip Zelikow, the 9/11 Commission’s executive director, attends, but is not allowed to say anything because he has been recused from this part of the investigation. The questioning is led by Daniel Marcus, the Commission’s lawyer, and will be described as “polite but pointed” by author Philip Shenon.
Commissioners Privately Critical of Rice - The commissioners are aware of allegations that Rice performed poorly in the run-up to 9/11 (see Before December 18, 2003), but are unwilling to aggressively attack an accomplished black woman. However, they think the allegations are well-founded. Commission Chairman Tom Kean will say, “obviously Rice bears a tremendous amount of responsibility for not understanding how serious this threat [of terrorist attacks] was.” Commissioner John Lehman will say that he has “no doubt” former National Security Adviser Henry Kissinger would have paid more attention to the warnings of a forthcoming attack. Fellow commissioner Slade Gorton will say that the administration’s failure to act on the urgent warnings was “spectacularly wrong.” Commissioner Jamie Gorelick will comment that Rice “assumed away the hardest part of her job,” and that she should have focused on keeping the president up to date on events, rather than trying to put his intentions into action. Commissioner Bob Kerrey will agree with this and will later recall one of Rice’s comments at this meeting, “I took the president’s thoughts and I helped the president describe what he was thinking.” According to Kerrey, this shows how Rice performed her job incorrectly. She should have been advising the president on what to do, not packaging his thoughts. (Shenon 2008, pp. 230-239)

On February 11, 2004, the FBI interviews at least one scientist from the Environmental Protection Agency (EPA) in connection with the 2001 anthrax attacks (see October 5-November 21, 2001). The name of the person interviewed is not known, but he is asked whether he wrote an anonymous letter to the FBI that possibly set up scientist Ayaad Assaad as a patsy for the attacks just before they occurred (see October 3, 2001). Assaad worked at USAMRIID, the US Army’s top bioweapons laboratory, until 1997, and has worked at the EPA since then. The unnamed scientist says that he had nothing to do with the letter. It appears this person is possibly subjected to a polygraph test after this, but if so the results are not known. (Dolan 2/17/2004) On March 17, 14 additional EPA employees are interviewed about the letter. The interviews are said to focus on trying to find out who wrote it. (Taylor 3/30/2004)

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

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

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

The prosecutors in the trial of Oklahoma City bombing conspirator Terry Nichols (see May 13, 2003) turn down a plea deal offered by Nichols’s lawyers. Nichols reportedly offered to plead no contest to 161 charges of first-degree murder if prosecutors drop their attempt to seek the death penalty. (New York Times 2/18/2004; The Oklahoman 4/2009)

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

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

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

Al-Qaeda has released a series of video messages featuring Adam Gadahn. This one is from September 2, 2006.Al-Qaeda has released a series of video messages featuring Adam Gadahn. This one is from September 2, 2006. [Source: Public domain / Wikipedia]The Washington Post will report in May 2004, “US officials have continued investigating [Khalil] Deek’s whereabouts, a fact that is made clear since [his name has recently] appeared on US terrorist lookout lists.” Deek is a naturalized US citizen whom authorities believe was a member of an al-Qaeda cell in Anaheim, California for most of the 1990s. He was arrested in Jordan for masterminding an al-Qaeda millennium bomb plot there (see December 11, 1999). Then he was let go, apparently with US approval (see May 2001). US intelligence has a record dating back to the late 1980s of investigating Deek for a variety of criminal activities but taking no action against him (see Late 1980s, March 1993-1996, December 14-25, 1999, November 30, 1999, May 2000, December 15-31, 1999). It is not known why Deek is finally watchlisted at this time, though it is likely connected to wide publicity about Adam Gadahn. Gadahn, a Caucasian American also known as “Azzam the American,” was a member of Deek’s Anaheim cell in the mid-1990s. He moved to Afghanistan where he has since become well-known as a top al-Qaeda media spokesman. (Khatchadourian 1/22/2007) Counterterrorism expert Rita Katz, who investigated Deek for the US government in the late 1990s, says it’s “a mystery” law enforcement officials have not arrested or even charged Deek as a terrorist. (Schou 6/17/2004) A US newspaper reporter who closely followed Deek’s career will comment that Deek seemingly “couldn’t get arrested to save his life.” (Schou 6/15/2006) Deek has not been hard from since. There will be unconfirmed reports that he was killed somewhere in Pakistan in early 2005, but his body has not been found. (Schou 6/15/2006)

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

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

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

In the evening of March 11, 2004, a group claims responsibility for the Madrid train bombings that took place that morning. The London-based Arabic Al-Quds Al-Arabi newspaper claims to have been sent a letter from a group called the Abu Hafs al-Masri Brigades. Abu Hafs is an common alias for al-Qaeda leader Mohammed Atef, who was killed in Afghanistan in 2001 (see November 15, 2001). The newspaper received similar letters claiming responsibility for previous incidents. However, some of the group’s claims have been patently false. For instance, the group took credit for the August 14, 2003 blackout in the northeastern US that was caused by technical failure. The Guardian comments, “The authenticity of such letters is difficult to establish, and might anyway be an attempt to spread fear and confusion.” (Sydney Morning Herald 11/18/2003; Tremlett 3/12/2004) The group will soon stop making claims for attacks and slowly fade away. It is unknown if it ever had any real link to al-Qaeda. But in the crucial first hours after the Madrid bombings, the letter begins to shift public opinion to the possibility that al-Qaeda might be responsible.

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

Lead defense lawyer Brian Hermanson.Lead defense lawyer Brian Hermanson. [Source: Corbis / TruTV]Michael E. Tigar, the former lead attorney for convicted Oklahoma City bombing conspirator Terry Nichols (see June 4, 1998) who now faces a state trial on 161 counts of first-degree murder (see March 1, 2004), joins Nichols’s current defense team in speculating that the bombing may have been carried out by a larger group of white supremacists, of which Nichols was only a minor member and perhaps little more than a scapegoat. While prosecutors say they have “an avalanche of evidence” showing Nichols’s heavy involvement, defense lawyers led by Brian T. Hermanson say that Nichols and his cohort, convicted bomber Timothy McVeigh (see June 2, 1997), were part of the purported larger conspiracy. McVeigh, Hermanson argues, “conspired with others whose identities are still unknown” and “orchestrated various events and evidence so as to make it appear that Mr. Nichols was involved and, thereby, direct attention away from others.” Some evidence exists of McVeigh’s involvement with the violent white supremacist group Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and it is possible that McVeigh took part in bank robberies the group carried out. Tigar says, “Is it too bad they killed Tim?” referring to McVeigh’s execution (see 7:14 a.m. June 11, 2001). “If they really wanted to find out what happened, maybe some of the revelations, now that the cover is blown, maybe he would have talked. Who knows?” Tigar seems to be implying that the government executed McVeigh to ensure his silence, a conclusion prosecutors dispute. Prosecutors say they have given the defense all exculpatory evidence, and that they can indisputably prove Nichols’s guilt. Assistant Oklahoma County District Attorney Sandra H. Elliott says, “Whether or not anybody else is involved, we can prove Mr. Nichols is.” Mark S. Hamm, a criminology professor who has written about the ARA, says: “The preponderance of evidence points to the fact that McVeigh had some sort of ongoing relationship with members of the ARA. [But t]here’s no smoking gun here.” Stephen Jones, who represented McVeigh during his trial (see May 8, 1995), says: “Where the Nichols defense clearly wants to go is to try for an acquittal or hung jury using material the government withheld.” If successful, the Nichols lawyers will try to get Nichols’s federal conviction (see December 23, 1997) reversed. However, “it has to succeed in [these proceedings] first.” (Blumenthal 3/16/2004)

Tahir Yuldashev.Tahir Yuldashev. [Source: Corbis Reuters]In mid-March 2004, Secretary of State Colin Powell visits Pakistan. He reportedly gives Pakistani President Pervez Musharraf an ultimatum: either Pakistan attacks the al-Qaeda safe haven in the South Waziristan tribal region, or the US will. On March 16, hundreds of Frontier Corps soldiers surround a compound in the village of Kalosha, a few miles from the capital of South Waziristan. Apparently, they are looking for Tahir Yuldashev, the leader of the Islamic Movement of Uzbekistan (IMU), an al-Qaeda-linked militant group based in nearby Uzbekistan. But the poorly trained Frontier Corps local militia have walked into a trap, and are badly defeated by about 2,000 al-Qaeda, Taliban, and IMU militants who greatly outnumber them. Yuldashev escapes.
Escalation - Ali Jan Orakzai, the regional commander of the Pakistani army, immediately rushes in eight thousand regular troops in an effort to save the situation. For the next two weeks, heavy fighting rages in South Waziristan. Helicopter gunships, fighter bombers, and heavy artillery are brought in to help defeat the militants, but the militants have heavy weapons as well and command the heights in extremely difficult mountainous terrain. (Rashid 2008, pp. 270-271)
Al-Zawahiri Supposedly Surrounded - On March 18, Musharraf boasts on CNN that a “high-value target” has been surrounded, and suggests that it could be al-Qaeda second-in-command Ayman al-Zawahiri. He claims that 200 well-armed al-Qaeda fighters are protecting him. (CNN 3/18/2004; FOX News 3/18/2004) On March 19, Pakistani officials say that al-Zawahiri has escaped the South Waziristan village where he was supposedly surrounded. (Interactive Investor 3/19/2004) In all likelihood, al-Zawahiri was never there, but was used as an excuse to justify the debacle.
Al-Qaeda Victorious - Heavy fighting continues for the next several weeks. Musharraf eventually orders local commanders to strike a deal with the militants to end the fighting. The fighting finally ends on April 24, when the Pakistani government signs an agreement with the militants, pardoning their leaders. The government claims that 46 of its soldiers were killed, while 63 militants were killed and another 166 were captured. But privately, army officers admit that their losses were close to 200 soldiers killed. US officials monitoring the fighting will later admit that the army attack was a disaster, resulting from poor planning and a near total lack of coordination. Pakistani journalist and regional expert Ahmed Rashid will later comment: “But there were deeper suspicions. The ISI had held meetings with the militants and possessed detailed information about the enemy’s numbers and armaments, but this intelligence did not seem to have been conveyed to the Frontier Corps. Western officers in [Afghanistan and Pakistan] wondered if the failed attack was due to a lack of coordination or was deliberate.” Orakzai, the army commander in charge of the offensive, reportedly intensely hates the US and has sympathy for the Taliban (see Late 2002-Late 2003). But there is no internal inquiry, even though many soldiers deserted or refused to fire on the militants. Nek Mohammed, a native local militant leader, emerges as a hero (see April 24-June 18, 2004). (PBS Frontline 10/3/2006; Rashid 2008, pp. 270-271)

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

A media firestorm follows the previous day’s appearance by former counterterrorism chief Richard Clarke on CBS’s 60 Minutes (see March 21, 2004). In that interview and in his upcoming book, Against All Enemies, Clarke is frank about the administration’s stubborn insistence on tying Iraq to the 9/11 attacks and using those attacks to justify a war it had already begun planning (see Between March 2001 and May 2001). Clarke also gives incendiary information about the repeated warnings Bush and other officials had received about the imminent attacks, warnings which were roundly ignored (see Between August 6 and September 11, 2001 and September 4, 2001). White House communications director Dan Bartlett calls Clarke’s charges “baseless,” and “politically motivated,” without giving any evidence of any such political loyalties or motivations Clarke may have. Clarke refuses to retreat, and reiterates his claims on today’s morning talk shows (see March 22, 2004); the White House sends National Security Adviser Condoleezza Rice onto the same shows to refute Clarke. (Rich 2006, pp. 114-119)

NBC News anchor Tom Brokaw interviews National Security Adviser Condoleezza Rice. Brokaw criticizes Rice’s refusal to appear publicly before the 9/11 Commission because of “national security concerns” while at the same time appearing on a plethora of news broadcasts to defend the administration’s actions surrounding the 9/11 attacks (see March 30, 2004). Brokaw says: “You’ve been meeting with the Commission in private, but you will not go before this very public meeting, citing separation of powers, executive privilege. But your predecessors have gone before Congress in the past. Even President Ford testified about his pardon of Richard Nixon (see Mid-October 1974). Executive privilege is really a flexible concept. Why not go to the president on this issue that is so profoundly important to America, and say, I should be testifying?” Rice defends her decision not to testify under oath and before the cameras, saying: “I would like nothing better than to be able to testify before the Commission. I have spent more than four hours with the Commission. I’m prepared to go and talk to them again, anywhere, any time, anyplace, privately. But I have to be responsible and to uphold the separation of powers between the executive and the legislature. It is a matter of whether the president can count on good confidential advice from his staff.” Brokaw replies: “Dr. Rice, with all due respect, I think a lot of people are watching this tonight saying, well, if she can appear on television, write commentaries, but she won’t appear before the Commission under oath. It just doesn’t seem to make sense.” Rice reiterates that she is defending “a constitutional principle,” and insists, “We’re not hiding anything.” Author and media critic Frank Rich will later write, “The White House, so often masterly in its TV management, particularly when it came to guarding its 9/11 franchise in an election year, was wildly off its game” during this period. Eventually Rice, unable to defend her refusal to testify in light of her frequent public pronouncements, will agree to testify before the Commission (see April 8, 2004). (Rich 2006, pp. 114-119)

The White House discloses to Fox News that former counterterrorism “tsar” Richard Clarke was the anonymous official who gave a background briefing to reporters in August 2002 praising the Bush administration’s record on terrorism (see August 22, 2002). This move, which violates a longstanding confidentiality policy, is made hours before Clarke is to testify to the 9/11 Commission (see March 24, 2004). Clarke recently went public with criticism of the administration (see March 21, 2004) and is being attacked by it (see March 22, 2004 and Shortly After). Author Philip Shenon will comment, “In agreeing to allow Fox News to reveal that Clarke had given the 2002 briefing, the White House was attempting to paint him as a liar—a one-time Bush defender who had become a Bush critic in order to sell a book.” National Security Adviser Condoleezza Rice says to the media: “There are two very different stories here. These stories can’t be reconciled.” (Fox News 3/24/2004; Milbank 3/25/2004; Allen 3/26/2004; Shenon 2008, pp. 280-281)
Opposing Spin? - Shenon will add that in the briefing Clarke was “spin[ning] the facts” in order to try to knock down an article unfavorable to the administration published by Time magazine, although “the spin took him perilously close to dishonesty, albeit the sort of dishonesty practiced every day in official Washington.” Philip Zelikow, the 9/11 Commission’s executive director and a long-term opponent of Clarke (see January 3, 2001 and January 27, 2003), is delighted by the story and tells a Commission staffer that it might be enough to end the Clarke “circus,” adding, “Does it get any better than this?” (Shenon 2008, pp. 280-281) Later trying a similar line of attack, Republican Senate leader Bill Frist will ask “[i]f [Clarke] lied under oath to the United States Congress” in closed testimony in 2002, and also ask if Clarke is attempting to promote his book. According to media critic Frank Rich, Frist’s credibility is undermined by his use of his Senate status to promote his own book, a virtually worthless primer entitled When Every Moment Counts: What You Need to Know About Bioterrorism from the Senate’s Only Doctor. Frist’s accusation that Clarke revealed classified information in his book falls flat when Clarke notes that the White House vetted his book for possible security transgressions before publication. (Babington and Pincus 3/27/2004; Rich 2006, pp. 114-119)
No Evidence of Contradiction - A review of declassified citations from Clarke’s 2002 testimony provides no evidence of contradiction, and White House officials familiar with the testimony agree that any differences are matters of emphasis, not fact. (Pincus and Milbank 4/4/2004)

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

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

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

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

An attempted raid is made on al-Qaeda leader Abu Faraj al-Libbi in Abbottabad, Pakistan, as Pakistani President Pervez Musharraf will describe in a 2006 memoir. Pakistani forces have arrested one of al-Libbi’s couriers, and found out from him that al-Libbi has just rented a house in Abbottabad. Pakistani forces raid the house, but al-Libbi is not there. They will later determine he was using three houses in Abbottabad and they raided the wrong one. (Musharraf 2006, pp. 210-211) Al-Libbi will be captured in Pakistan a year later (see May 2, 2005). Osama bin Laden begins living in Abbottabad around late 2005 (see Late 2005-Early 2006). His trusted courier Ibrahim Saeed Ahmed already lives there in 2004 (see January 22, 2004-2005). (Note that US forces also attempt to catch al-Libbi in Abbottabad in 2004, but it is unclear if that raid is this one or a different one (see 2004).)

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

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

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

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

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

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

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

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

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

There were no pictures allowed of the Bush and Cheney joint testimony before the 9/11 Commission. Here are commissioners Thomas Kean, Fred Fielding, and Lee Hamilton preparing to begin the testimony.There were no pictures allowed of the Bush and Cheney joint testimony before the 9/11 Commission. Here are commissioners Thomas Kean, Fred Fielding, and Lee Hamilton preparing to begin the testimony. [Source: New York Times]President Bush and Vice President Dick Cheney appear for three hours of private questioning before the 9/11 Commission. (Former President Clinton and former Vice President Al Gore met privately and separately with the Commission earlier in the month.) (Shenon and Sanger 4/30/2004; Eggen and Milbank 4/30/2004)
Testifying Together, without Oaths or Recordings - The Commission permits Bush and Cheney, accompanied by White House counsel Alberto Gonzales, to appear together, in private, and not under oath. Author Philip Shenon will comment that most of the commissioners think this is an “obvious effort… to ensure that the accounts of Bush and Cheney did not differ on the events of 9/11.” (Shenon 2008, pp. 342-343) Their testimony is not recorded. Commissioners can take notes, but these are censored by the White House. (Hutcheson 3/31/2004; Clift 4/2/2004; New York Times 4/3/2004)
Questions Similar to Those Asked of Clinton - The Commission draws its questions from a previously-assembled list of questions for Bush and Cheney that Commission members have agreed to ask. According to commissioner Bob Kerrey: “It’s essentially the same set of questions that we asked President Clinton with one exception, which is just what happened on the day of September 11th. What was your strategy before, what was your strategy on September 11, and what allowed the FAA to be so surprised by a hijacking?” (Eggen and Pincus 4/29/2004)
'Three Hours of Softballs' - After Bush starts the meeting with an apology for an attack by Attorney General John Ashcroft on commissioner Jamie Gorelick (see April 13-April 29, 2004), the Democratic commissioners are disarmed. Commissioner Slade Gorton will comment: “They knew exactly how to do this. They had us in the Oval Office, and they really pulled the talons and the teeth out of many of the Democratic questions. Several of my colleagues were not nearly as tough in the White House as they were when we went in that day.” Author Philip Shenon will call it “three hours of softballs.” Some of the toughest questions are asked by Republican John Lehman, who focuses on money allegedly passed by an acquaintance of the Saudi ambassador’s wife to two of the hijackers (see December 4, 1999). Lehman will say that Bush “dodged the questions.” (Shenon 2008, pp. 343-345)
Cheney Says Little - Although the Commission’s Democrats are expecting Bush to defer to the vice president in his responses, reportedly Bush “thoroughly dominate[s] the interview.” Philip Zelikow, the Commission’s executive director, will later recall that Cheney only “spoke five percent of the time.” (Draper 2007, pp. 292) According to four unnamed individuals that are in the room during the meeting, Cheney “barely spoke at all.” (Gellman 2008, pp. 344) Gorelick will say: “There was no puppeteering by the vice president. He barely said anything.” (Shenon 2008, pp. 344)
Early Departure - Two commissioners, Lee Hamilton and Bob Kerrey, leave the session early for other engagements. They will later say they had not expected the interview to last more than the previously agreed upon two-hour length. (Yen 5/1/2004)
'Unalloyed Victory' for Bush - The press’ reaction is so positive that Shenon will call the meeting an “unalloyed victory” for Bush. (Shenon 2008, pp. 345)

Condoleezza Rice and Philip Zelikow in Tel Aviv, October 2006.Condoleezza Rice and Philip Zelikow in Tel Aviv, October 2006. [Source: Matty Stern/U.S. Embassy via Getty Images]9/11 Commission Executive Director Philip Zelikow tells the staff team working on the Bush administration’s response to terrorist threats in the summer of 2001 that their drafts must be rewritten to cast National Security Adviser Condoleezza Rice in a better light. Rice’s testimony about the administration’s prioritizing of terrorism has been contradicted by former counterterrorism “tsar” Richard Clarke, who said that al-Qaeda was not a high priority for the White House. The Commission staffers think that Clarke is telling the truth, because, in the words of author Philip Shenon, Clarke had left a “vast documentary record” about the White House’s inattention to terrorism. Clarke’s account is also corroborated by other National Security Council (NSC) members, the CIA, and the State Department.
Zelikow's Reaction - However, Zelikow, a close associate of Rice (see 1995 and January 3, 2001), tells the staffers their version is “too Clarke-centric” and demands “balance.” Shenon will comment: “He never said so explicitly, but Zelikow made clear to [the staffers] that the Commission’s final report should balance out every statement of Clarke’s with a statement from Rice. The team should leave out any judgment on which of them was telling the truth.”
Support from Commission Lawyer - Zelikow is supported to a point in this dispute by Daniel Marcus, the Commission’s lawyer. Marcus thinks that the staffers are making Clarke into a “superhero,” and that there were some “limitations and flaws” in his performance. Marcus also sees that the staff’s suspicions of Zelikow and his ties to Rice are no longer hidden, but will later say, “In a sense they overreacted to Philip because they were so worried about him they pushed and pushed and pushed, and sometimes they were wrong.”
Staffer Regrets Not Resigning Earlier - One of the key staffers involved in the dispute, Warren Bass, had previously considered resigning from the Commission due to what he perceived as Zelikow’s favoring of Rice. At this point he regrets not resigning earlier, but does not do so now. Bass and his colleagues merely console themselves with the hope that the public will read between the lines and work out that Clarke is telling the truth and Rice is not.
"Tortured Passages" - Shenon will comment: “[T]he results of the team’s work were some of the most tortured passages in the final report, especially in the description of the performance of the NSC in the first months of the Bush presidency. It was written almost as a point, counterpoint—Clarke says this, Rice says the opposite—with no conclusion about what the truth finally was.” (Shenon 2008, pp. 394-396)

Former ambassador Joseph Wilson, discussing his two trips to Niger in 1999 (see Fall 1999) and 2002 (see February 21, 2002-March 4, 2002) to investigate whether Iraq was attempting to obtain uranium from that nation, says that in 1999 he never discussed the subject of uranium purchases. Wilson, who met with former Nigerien Prime Minister Ibrahim Mayaki, says: “At that meeting, uranium was not discussed. It would be a tragedy to think that we went to war over a conversation in which uranium was not discussed because the Niger official was sufficiently sophisticated to think that perhaps he might have wanted to discuss uranium at some later date.” He will later tell Senate Intelligence Committee staffers that Mayaki was leery of discussing any trade issues at all because Iraq was under United Nations sanctions. (FactCheck (.org) 7/26/2004)

Conservative talk show host Rush Limbaugh dismisses photos taken of prisoners at Abu Ghraib over the course of several broadcasts. The excerpts are collected by Newsweek, researchers from the Annenberg Public Policy Center, and the progressive media watchdog site Media Matters. On May 3, he tells his listeners, “You know, if you look at—if you really look at these pictures, I mean, I don’t know if it’s just me, but it looks just like anything you’d see Madonna or Britney Spears do onstage—maybe I’m, yeah—and get an NEA [National Education Association] grant for something like this” (see October 2003, October 17-22, 2003, October 24, 2003, Evening October 25, 2003, November 4, 2003, November 4-December 2, 2003, and Between 4:30 a.m. and 5:30 a.m. November 4, 2003, among others). On May 4, he says: “You know, those [US soldiers in Iraq] are being fired at every day. I’m talking about people having a good time. These people—you ever heard of emotional release? You ever heard of needing to blow some steam off? … It is no different than what happens at the Skull and Bones initiation.” On May 5, he says: “I think a lot of the American culture is being feminized. I think the reaction to the stupid torture is an example of the feminization of this country.” On May 6: he says, “The thing, though, that continually amazes—here we have these pictures of homoeroticism that look like standard good old American pornography, the Britney Spears or Madonna concerts or whatever.… I mean, this is something that you can see onstage at Lincoln Center from an NEA grant, maybe on Sex and the City.” In that same broadcast, he praises the torturers by saying: “And we hear that the most humiliating thing you can do is make one Arab male disrobe in front of another. Sounds to me like it’s pretty thoughtful.… Maybe the people who executed this pulled off a brilliant maneuver. Nobody got hurt. Nobody got physically injured.… Sounds pretty effective to me if you look at us in the right context.” And on May 11, he says, “If you take these pictures and bring them back and have them taken in an American city and put on an American Web site, they might win an award from the pornography industry.” (Media Matters 5/6/2004; Braiker 5/13/2004; Boehlert 2006, pp. 118; Jamieson and Cappella 2008, pp. 160)

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

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