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Context of 'February 5, 2009: CIA Director Nominee: No More ‘Extraordinary Renditions’'

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Doug Lute.Doug Lute. [Source: Joint Chiefs of Staff]General Henry Shelton, the chairman of the Joint Chiefs of Staff, learns of the terrorist attacks in New York and at the Pentagon while flying to Europe, but his plane is then initially denied permission to return to the US. Shelton’s plane took off from Andrews Air Force Base, near Washington, DC, at 7:15 a.m. to transport the chairman to Hungary for a NATO conference (see 7:15 a.m. September 11, 2001). [Federal Aviation Administration, 3/21/2002, pp. G-1 pdf file; Giesemann, 2008, pp. 20, 22-23; Shelton, Levinson, and McConnell, 2010, pp. 430-432]
Shelton Learns of First Crash - About an hour and a half into the flight, while the plane is over the Atlantic Ocean, a member of the flight crew approaches Colonel Doug Lute, Shelton’s executive assistant, and tells him a small aircraft has crashed into one of the World Trade Center towers. Lute says, “That doesn’t sound good.” He goes to the chairman’s cabin at the rear of the aircraft and tells Shelton, “Sir, just to advise you, the pilot has received word that a civilian aircraft has just struck the World Trade Center.” Shelton is reminded of a speech he recently gave, in which he warned of the possibility of a terrorist attack on US soil (see (Shortly Before September 11, 2001)), and says to his wife, Carolyn, who is with him in the cabin, “I sure hope that is not a terrorist attack.” He will later recall, “This had the potential to play out exactly as I had warned.”
Shelton Learns of Second Crash - About 10 minutes after Lute returns to his seat, the member of the flight crew comes out again and reports that a second plane has crashed into the WTC. Lieutenant Commander Suzanne Giesemann, one of Shelton’s aides, says to Lute, “That can’t be an accident.” Lute goes again to Shelton’s cabin and tells the chairman, “Sir, it’s a second plane and it’s hit the other tower of the World Trade Center.” Shelton exclaims: “Doug, that’s no coincidence. Have them turn us around, we’re going back. Then I want General Myers on the line.” (General Richard Myers is the vice chairman of the Joint Chiefs of Staff.) After Lute returns to his seat, he and Giesemann put on headsets and make calls to the Pentagon. Giesemann talks to Kris Cicio, Shelton’s personal assistant, who tells her that the WTC towers were hit not by small planes, but by jetliners full of innocent passengers. Giesemann then loses her connection with Cicio, and so listens instead to BBC news reports through her headset and passes on what she learns to the other members of Shelton’s staff on the flight. Lute talks with someone in the National Military Command Center (NMCC) at the Pentagon. After the call, he heads to Shelton’s cabin. [Giesemann, 2008, pp. 22-23; Shelton, Levinson, and McConnell, 2010, pp. 431]
Controllers Deny Request to Enter US Airspace - Having learned of the attack on the Pentagon (which takes place at 9:37 a.m.), Lute tells Shelton that there has been “some type of big explosion at the Pentagon.” He also tells the chairman that air traffic controllers have refused their request to fly into Washington. Lute says: “[W]e’ve been denied permission to return. All US airspace has been shut down” (see (9:45 a.m.) September 11, 2001). But Shelton retorts: “Doug, tell the pilot we’ll ask for forgiveness instead of permission, so have him turn us around. We’re going home.” Shelton will later recall, “I knew there was no way they were going to shoot down a 707 with UNITED STATES AIR FORCE emblazoned along the side.” [Federal Aviation Administration, 3/21/2002, pp. G-1 pdf file; Shelton, Levinson, and McConnell, 2010, pp. 432]
Shelton's Plane Supposedly Cleared to Fly into Washington - After Lute returns from Shelton’s cabin, he nods to Giesemann and says, “We’re going back.” Giesemann will recall that she then heads into the cockpit and orders the pilot, “Major, take us back to Andrews.” The pilot replies, “Yes, ma’am.” [Giesemann, 2008, pp. 23] According to an FAA report, “minutes” after the initial denial of permission to return to the US, Shelton’s plane is granted clearance. [Federal Aviation Administration, 3/21/2002, pp. G-1 pdf file] The pilot turns the plane around and heads back toward Washington, according to Shelton. [Shelton, Levinson, and McConnell, 2010, pp. 432] But according to Captain Rob Pedersen, the flight navigator on Shelton’s plane, it is several hours before the plane is cleared to enter the US airspace (see (After 9:45 a.m.) September 11, 2001). [Air Force Magazine, 9/2011 pdf file] The plane will consequently only land at Andrews Air Force Base at 4:40 p.m. (see 4:40 p.m. September 11, 2001) and Shelton will only arrive at the NMCC an hour after that (see 5:40 p.m. September 11, 2001). [Federal Aviation Administration, 9/11/2001 pdf file; Myers, 2009, pp. 159]

Entity Tags: Douglas E. Lute, Carolyn Shelton, Kris Cicio, Suzanne Giesemann, Henry Hugh Shelton, Rob Pedersen

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The plane that has been flying General Henry Shelton, the chairman of the Joint Chiefs of Staff, over the Atlantic Ocean has to spend two hours in a “holding pattern” near Greenland and then more time in a holding pattern over Canada before it is cleared to fly back into the United States. [Air Force Magazine, 9/2011 pdf file] Shelton was flying toward Europe for a NATO conference (see 7:15 a.m. September 11, 2001), but, after he learned of the attacks on the World Trade Center, ordered that his plane turn around and return to the US (see (8:50 a.m.-10:00 a.m.) September 11, 2001). However, air traffic controllers have denied the request to do so because US airspace has been shut down (see (9:45 a.m.) September 11, 2001). [Federal Aviation Administration, 3/21/2002, pp. G-1 pdf file; Shelton, Levinson, and McConnell, 2010, pp. 430-432]
Plane Has to Fly in a Holding Pattern near Greenland - Therefore, although Shelton’s plane, nicknamed “Speckled Trout,” does turn around, it doesn’t initially fly back to the United States. For a couple of hours, since its crew doesn’t have clearance to return to the US and it doesn’t have a destination, the plane goes into a “holding pattern” near Greenland. Captain Rob Pedersen, the flight navigator, comes up with a list of alternative landing sites, which include Thule Air Base in Greenland and Naval Air Station Keflavik in Iceland. Although the crew decides to head back to the US, Pedersen will later recall, it is still difficult to get a security clearance, even for such a high-profile passenger as Shelton.
Plane Goes into Another Holding Pattern over Canada - Speckled Trout eventually reaches Canada, but the plane is still refused entry into US airspace and so it goes into a holding pattern again. “In the beginning we had a few problems convincing [the air traffic controller] to allow us back into the country, [even though] we were ordered at a significantly high level to come back,” Pedersen will recall. “You can’t say over the radio who you are carrying because they don’t have secure communications at the FAA.… We had to tell them over an open line that we had a DV Code 2, which is a ranking that a lot of DVs [distinguished visitors] fall under.” Eventually, the crew receives permission to fly into the US, although the time when this occurs is unstated. “It took a little bit of time, and I’m sure there were a lot of phone calls made, before they let us back in,” Pedersen will say. [Air Force Magazine, 9/2011 pdf file] Shelton, however, will contradict this account and claim his plane is cleared to enter US airspace significantly earlier. He will recall that those on the plane are told they have permission to enter US airspace 10 minutes after he talks on the phone with General Richard Myers, vice chairman of the Joint Chiefs of Staff (see (Shortly After 10:00 a.m.) September 11, 2001), which would mean they receive clearance possibly as early as around 10:15 a.m. [Shelton, Levinson, and McConnell, 2010, pp. 432-433]
Myers Takes Shelton's Place as Chairman While Shelton Is outside the US - After flying over New York, Speckled Trout will land at Andrews Air Force Base, just outside Washington, DC, at 4:40 p.m. (see 4:40 p.m. September 11, 2001). [Federal Aviation Administration, 9/11/2001 pdf file; UNC-TV, 1/27/2013] While the plane is being denied permission to enter US airspace, Myers remains as the acting chairman of the Joint Chiefs of Staff in Shelton’s place. This is “how the law reads whenever the chairman is out of the country,” Shelton will write. “Until I crossed back into United States airspace, all the decisions would be Dick’s to make, in conjunction with Secretary [of Defense Donald] Rumsfeld and the president.” [Shelton, Levinson, and McConnell, 2010, pp. 432]

Entity Tags: Rob Pedersen, Henry Hugh Shelton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ronald Bucca.
Ronald Bucca. [Source: Public domain]Two firefighters climbing up the South Tower, Orio Palmer and Ronald Bucca, have reached its 78th floor, the lower end of the impact zone where Flight 175 hit. [New York Times, 8/4/2002] They are just two floors below the level where, minutes later, its collapse initiates. [Federal Emergency Management Agency, 5/1/2002, pp. 2-34] Over radio, Palmer tells firefighter Joseph Leavey, “We’ve got two isolated pockets of fire. We should be able to knock it down with two lines.” [Dwyer and Flynn, 2005, pp. 206] The fact that they reached so high up the tower only comes to light almost a year later, when a tape of radio communications from 9/11 is made public (see August 4, 2002). The New York Times will report “[N]owhere on the tape is there any indication that firefighters had the slightest indication that the tower had become unstable or that it could fall.” [New York Times, 11/9/2002] Palmer’s communication appears to contradict claims that “extreme fires” contributed to the tower’s collapse. [BBC, 9/13/2001; New York Times, 10/20/2004] Ronald Bucca, a Special Forces veteran, had actually conducted his own private research into Islamic militancy following the 1993 WTC bombing. He’d even taken time, in 1996, to attend the beginning of the trial of Ramzi Yousef, a mastermind of the bombing (see September 5, 1996). [Lance, 2003, pp. 180-183, 333-334]

Entity Tags: World Trade Center, Orio Palmer, Ronald Bucca

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush on the phone during the flight from Sarasota to Barksdale Air Force Base.President Bush on the phone during the flight from Sarasota to Barksdale Air Force Base. [Source: White House]President Bush and his staff have difficulty communicating with colleagues in Washington, DC, while they are traveling on Air Force One, after the plane takes off from Sarasota-Bradenton International Airport (see 9:54 a.m. September 11, 2001). [Northwest Indiana Times, 9/22/2002; Canadian Broadcasting Corporation, 9/10/2006; Politico Magazine, 9/9/2016] Bush had problems calling his colleagues at the White House while he was being driven to the airport, after leaving the Emma E. Booker Elementary School in Sarasota, Florida, at around 9:35 a.m. (see (9:34 a.m.-9:43 a.m.) September 11, 2001). [9/11 Commission, 6/17/2004; Canadian Broadcasting Corporation, 9/10/2006]
Air Force One Should Have 'Outstanding Communications' - He ought to have more success after he boards Air Force One, at around 9:45 a.m. (see (9:43 a.m.) September 11, 2001), since the plane has state-of-the-art communications systems. [Inside the White House, 9/1998; Hardesty, 2003, pp. 167] Its capabilities are “just as good as the communications from the Oval Office in terms of [the president] being able to call, in a secure way, the secretary of defense, the secretary of state, the generals that might have to fight a war, or the vice president or… the national security adviser,” White House chief of staff Andrew Card will later comment. The plane has the “capacity to have… outstanding communications,” he will say. [White House, 8/12/2002]
Communications Systems Are 'All Jammed' - However, Bush and his staff have great difficulty sending and receiving information about the day’s events while they are on Air Force One. [Northwest Indiana Times, 9/22/2002] The “multiple [communications] systems—commercial and terrestrial systems” on the plane are “all jammed,” according to Master Sergeant Dana Lark, superintendent of communications. Lark actually wonders, “Did someone sabotage our comms?” [Politico Magazine, 9/9/2016]
Bush Has Problems Communicating with Vice President Cheney - Bush finds that his calls are successful only intermittently. [Canadian Broadcasting Corporation, 9/10/2006] Attempts are made to establish an open line with Vice President Dick Cheney and National Security Adviser Condoleezza Rice, who are at the White House, but the line keeps dropping. [Bush, 2010, pp. 131] “It was absolutely stunning, standing next to the president as he was talking to the vice president, then holding the phone off his ear because it cut off,” White House press secretary Ari Fleischer will comment. [Politico Magazine, 9/9/2016] At one point, Bush pounds his desk in frustration and shouts: “This is inexcusable. Get me the vice president.” [CBS News, 9/11/2002] He also has difficulty reaching his wife, Laura, since the line keeps dropping when he tries to call her. He eventually talks to her shortly before 11:45 a.m., when Air Force One is approaching Barksdale Air Force Base in Louisiana (see (Shortly Before 11:45 a.m.) September 11, 2001). [Bush, 2010, pp. 132]
Officials in Washington Are Unable to Call the Plane - Some key individuals in Washington are unsuccessful when they try calling Air Force One. Scott Heyer, a communications officer in the White House Situation Room, is unable to contact the plane while it is flying from Sarasota to Barksdale Air Force Base, even when he tries calling its satellite phone (see 9:54 a.m.-11:45 a.m. September 11, 2001). [9/11 Commission, 3/16/2004] And White House counselor Karen Hughes is unable to reach the president when she tries calling him while he is airborne (see (Between 10:31 a.m. and 11:45 a.m.) September 11, 2001). [Washington Post, 1/27/2002; NBC, 4/4/2004]
Bush Has His First Teleconference Hours after Leaving Sarasota - As a result of his problems communicating from the plane, Bush will hold his first teleconference with his principal advisers at around 3:15 p.m. (see (3:15 p.m.) September 11, 2001)—more than five hours after he takes off from Sarasota—after he arrives at Offutt Air Force Base in Nebraska, where there is sophisticated communications equipment (see 2:50 p.m. September 11, 2001). [Northwest Indiana Times, 9/22/2002; Business Week, 11/4/2002; 9/11 Commission, 7/24/2004, pp. 326] By that time, the communication problems will apparently have started to ease. Lark will recall that as Air Force One is flying to Offutt, “some of the commercial systems finally began to become available” and she actually receives a call from her chief. [Politico Magazine, 9/9/2016]
Good Communications Are 'Critical' for the President - Bush’s communication problems may have a significant impact on the government’s ability to respond to the terrorist attacks. Thomas Kean, the chairman of the 9/11 Commission, will explain why the president’s ability to communicate during a crisis is so important, saying, “In the case of any kind of attack in the United States, what you’re supposed to do is get the president off the ground and Air Force One then becomes the command center.” Once he is airborne, the president is “commanding the forces of the United States from the air,” Kean will say. [Canadian Broadcasting Corporation, 9/10/2006] “The president literally can’t function in his constitutional role unless he can communicate, so [good communications are] absolutely critical,” Lieutenant Colonel Thomas Herman, a senior presidential communications officer, will similarly comment. [Marist Magazine, 10/2002] The president “is the only one who can give certain orders that need to be given,” Kean will note. [Canadian Broadcasting Corporation, 9/10/2006] However, Mark Rosenker, director of the White House Military Office, will claim that the communication problems have only a limited impact. “[F]or the most part I believe the president had the ability to do what was necessary to be in control and have command of his forces, and talk with his national security structure,” he will say. [White House, 8/29/2002]
Communications Systems Are Supposedly 'Saturated' - Lark will learn at a later date that the communication problems occur because, she will say, “the commercial systems were all just saturated.” [Politico Magazine, 9/9/2016] Rosenker will similarly suggest that the problems may be partly due to the fact that communications from Air Force One “have to get through a regular telephone network,” and when there is a crisis, the increased volume of communications “jam and overuse the structure.” [White House, 8/29/2002] On top of their problems making and receiving calls, Bush and his staffers have difficulty monitoring the television coverage of the attacks while they are airborne, because the reception on the plane is poor and intermittent (see (9:54 a.m.-6:54 p.m.) September 11, 2001). [CBS News, 9/11/2002; Northwest Indiana Times, 9/22/2002; Politico Magazine, 9/9/2016]

Entity Tags: Thomas Kean, Condoleezza Rice, Ari Fleischer, Thomas Herman, Scott Heyer, Andrew Card, Mark Rosenker, Dana Lark, Richard (“Dick”) Cheney, George W. Bush, Laura Bush, Karen Hughes

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

National Security Adviser Condoleezza Rice enters the underground tunnel leading to the Presidential Emergency Operations Center (PEOC)—the bunker below the White House—where she encounters Vice President Dick Cheney, and then heads into the PEOC. Rice has been escorted down from the White House Situation Room by Carl Truscott, the Secret Service special agent in charge of the presidential protective division, who told her she had to go to the PEOC (see (9:45 a.m.) September 11, 2001). [United States Secret Service, 10/1/2001; White House, 8/6/2002] Before she left the Situation Room, Rice briefly talked on the phone with President Bush (see (9:45 a.m.) September 11, 2001). [White House, 8/2/2002; White House, 8/6/2002]
Rice Meets Cheney in Underground Tunnel - When Rice and Truscott enter the underground tunnel that leads to the PEOC, they encounter Cheney and his wife, Lynne Cheney, along with one of Cheney’s Secret Service agents. [United States Secret Service, 10/1/2001] Cheney was being taken to the PEOC by his Secret Service agents (see (9:36 a.m.) September 11, 2001, but stopped in an area of the underground tunnel where there is a secure telephone, in order to speak to Bush (see (9:37 a.m.) September 11, 2001 and (9:45 a.m.-9:56 a.m.) September 11, 2001). Lynne Cheney joined him there after she arrived at the White House (see (9:55 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 39-40] Cheney is still on the phone with Bush when Truscott and Rice meet him. Truscott advises the group assembled in the tunnel to move on to the PEOC. [United States Secret Service, 10/1/2001]
Rice Heads into the PEOC - Rice subsequently goes from the tunnel into the PEOC, although the exact time when she does so is unclear. She enters the PEOC “shortly after the vice president,” according to the 9/11 Commission Report, which will state that Cheney arrives in the PEOC at around 9:58 a.m. (see (9:58 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 40] Rice must enter the PEOC before 9:59 a.m., since she is there at the time the South Tower of the World Trade Center collapses, as will be confirmed by a photo taken at that time (see 9:59 a.m. September 11, 2001). [Newsweek, 12/30/2001; Bumiller, 2007, pp. xiii; Washington Post, 6/24/2007]
Rice Calls Relatives in Alabama - In the PEOC, Rice takes a seat next to Cheney. [9/11 Commission, 7/24/2004, pp. 40; Bumiller, 2007, pp. xiii] The first thing she does after arriving, according to some accounts, is call her aunt and uncle in Birmingham, Alabama, to tell them to inform her family that she is okay. [White House, 10/24/2001; O, the Oprah Magazine, 2/1/2002; White House, 8/2/2002; New York Times, 9/11/2002] But other accounts will say she called them just before she headed out from the Situation Room. [White House, 11/1/2001; White House, 8/7/2002; Associated Press, 9/9/2002; Bumiller, 2007, pp. xiii]

Entity Tags: Richard (“Dick”) Cheney, Carl Truscott, Lynne Cheney, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dick Cheney and senior staff witness the collapse of the WTC South Tower. Directly behind Cheney are Norman Mineta and I. Lewis ‘Scooter’ Libby. National Security Advisor Condoleezza Rice stands behind Cheney’s left shoulder.Dick Cheney and senior staff witness the collapse of the WTC South Tower. Directly behind Cheney are Norman Mineta and I. Lewis ‘Scooter’ Libby. National Security Advisor Condoleezza Rice stands behind Cheney’s left shoulder. [Source: David Bohrer / White House]In the conference room of the Presidential Emergency Operations Center (PEOC), Vice President Cheney, National Security Adviser Condoleezza Rice, and their aides watch the South Tower collapsing on television. [Newsweek, 12/31/2001] Cheney will later say that the WTC coming down “was a shock to everybody—it certainly was to me.” [PBS, 9/9/2002] However, if he is indeed shocked, this is not how Cheney appears to others in the room. One witness who is present will later recall that, as the South Tower collapses, there is “a groan in the room that I won’t forget, ever. It seemed like one groan from everyone.” However, Cheney makes no sound, but closes his eyes for a long, slow blink. The witness says, “I remember turning my head and looking at the vice president, and his expression never changed.” [Washington Post, 6/24/2007] According to Mary Matalin, a counselor to the vice president, Cheney says nothing in response to the collapse, but “he emoted in a way that he emotes, which was to stop.” [CNN, 9/11/2002; CNN, 9/11/2002] When he is told that a casualty estimate ranges well into the thousands, the vice president reportedly just nods grimly. [Newsweek, 12/31/2001] According to the Washington Post, three people who are present say they see no sign now or later “of the profound psychological transformation that has often been imputed to Cheney.” What they see is “extraordinary self-containment and a rapid shift of focus to the machinery of power. While others assessed casualties and the work of ‘first responders,’ Cheney began planning for a conflict that would call upon lawyers as often as soldiers and spies.” He will promptly begin assembling the legal team that subsequently assists him in expanding presidential power (see (After 10:00 a.m.) September 11, 2001). [Washington Post, 6/24/2007]

Entity Tags: Mary Matalin, Richard (“Dick”) Cheney, Condoleezza Rice, World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Addington.David Addington. [Source: David Bohrer / White House]According to an in-depth examination by the Washington Post, within hours of the 9/11 attacks, Vice President Dick Cheney begins working to secure additional powers for the White House. Cheney had plans in place to begin acquiring these powers for the executive branch before the attacks, but had not begun to execute them.
Gathering the Team - David Addington, Cheney’s general counsel and legal adviser, had been walking home after having to leave the now-evacuated Eisenhower Executive Office Building. He receives a message from the White House telling him to turn around, because the vice president needs him. After Addington joins Cheney in the Presidential Emergency Operations Center (PEOC) below the East Wing of the White House, the pair reportedly begin “contemplating the founding question of the legal revolution to come: What extraordinary powers will the president need for his response?” Later in the day, Addington connects by secure video with Timothy Flanigan, the deputy White House counsel, who is in the White House Situation Room. John Yoo, the deputy chief of the Office of Legal Counsel, is also patched in from the Justice Department’s command center. White House counsel Alberto Gonzales joins them later. This forms the core legal team that Cheney will oversee after the terrorist attacks. Associate White House counsel Bradford Berenson will later recall: “Addington, Flanigan and Gonzales were really a triumvirate. [Yoo] was a supporting player.” Addington dominates the group. Gonzales is there primarily because of his relationship with President Bush. He is not, Yoo will later recall, “a law-of-war expert and [doesn’t] have very developed views.” Along with these allies, Cheney will provide what the Washington Post calls “the rationale and political muscle to drive far-reaching legal changes through the White House, the Justice Department, and the Pentagon,” which will free the president to fight the war on terror, “as he saw fit.”
Drafting the AUMF - The team begins drafting the document that will become the Authorization to Use Military Force (AUMF—see October 10, 2002) passed by Congress for the assault on Afghanistan. In the words of the group, the president is authorized “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States.”
Extraordinarily Broad Language - The language is extraordinarily broad; Yoo will later explain that they chose such sweeping language because “this war was so different, you can’t predict what might come up.” The AUMF draft is the first of numerous attempts to secure broad powers for the presidency, most justified by the 9/11 attacks. The Washington Post will later report, “In fact, the triumvirate knew very well what would come next: the interception—without a warrant—of communications to and from the United States” (see September 25, 2001). [CNN, 9/11/2001; CNN, 9/12/2001; Unger, 2007, pp. 220-221; Washington Post, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, Timothy E. Flanigan, Craig Unger, Bradford Berenson, David S. Addington, Alberto R. Gonzales

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

Mike Morell, President Bush’s CIA briefer, speaks to Cofer Black, the director of the CIA’s Counterterrorist Center, who can provide him with little more information about the attacks on the US than is generally known. Morell, who is with the president on Air Force One, has just spoken to Bush, who asked him to call CIA Director George Tenet and tell him to inform the president immediately when the CIA has any definitive information about the perpetrators of today’s attacks (see (10:32 a.m.) September 11, 2001). Morell now sits down in the staff section of the plane, picks up the phone by his seat, and calls Tenet’s office at CIA headquarters in Langley, Virginia. However, the headquarters is currently being evacuated (see (9:50 a.m.-10:00 a.m.) September 11, 2001), and so Tenet and his staff are in the process of relocating to a secure site. The secretary who answers Morell’s call says Tenet is unavailable and Morell instead has to talk to Black, the nearest senior official, after the secretary passes the phone to him. During their conversation, Black tells Morell what the CIA currently knows about the attacks on the US, which, Morell will later comment, “was little beyond what the rest of the world knew.” Morell then passes on the president’s request to be informed right away as soon as the CIA has information about who is responsible for the attacks and asks Black to share the request with Tenet. As he hangs up the phone, however, Morell is doubtful that his message will be passed on. “I was not confident [Tenet] would get the word, given the evacuation and given everything that would be asked of Black over the next few hours,” he will recall. [Studies in Intelligence, 9/2006 pdf file; Morell and Harlow, 2015, pp. 52-53] Tenet will inform Bush, for the first time, that the CIA has linked al-Qaeda to the attacks during a video teleconference at around 3:15 p.m. this afternoon (see (3:15 p.m.) September 11, 2001). [Woodward, 2002, pp. 26-27; 9/11 Commission, 7/24/2004, pp. 326]

Entity Tags: Michael J. Morell, Cofer Black, George J. Tenet, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The director of the Defense Intelligence Agency informs military leaders in the National Military Command Center (NMCC) at the Pentagon that al-Qaeda is responsible for the morning’s attacks. General Richard Myers, the vice chairman of the Joint Chiefs of Staff, will later describe: “At noon, Vice Admiral Tom Wilson, director of the Defense Intelligence Agency, confirmed what everybody at the conference table had already surmised: The attacks had undoubtedly come from al-Qaeda.” [Myers, 2009, pp. 156] Later in the day, Wilson will inform General Henry Shelton, the chairman of the Joint Chiefs of Staff, of a single piece of intelligence that had suggested a terrorist attack may have been imminent (see 5:40 p.m. September 11, 2001). [Myers, 2009, pp. 159]

Entity Tags: Richard B. Myers, Al-Qaeda, Thomas Wilson

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Attorney General John Ashcroft arrives at the FBI’s Strategic Information and Operations Center (SIOC), located on the fifth floor of the FBI’s Washington, DC, headquarters. [CNN, 11/20/1998; 9/11 Commission, 12/17/2003 pdf file; Ashcroft, 2006, pp. 120] Ashcroft has returned to Washington after his scheduled engagement in Milwaukee had to be aborted due to the terrorist attacks (see Shortly After 9:03 a.m. September 11, 2001). [Newsweek, 9/24/2001; Newsweek, 3/10/2003]
Ashcroft Heads to the SIOC instead of the Remote, Classified Site - After his plane landed at Reagan National Airport (see (12:00 p.m.) September 11, 2001), Ashcroft was advised by National Security Adviser Condoleezza Rice to head to the remote, classified site, where other Justice Department personnel had gone. But because the roads were clogged with traffic, at the recommendation of Deputy Attorney General Larry Thompson, Ashcroft and his deputy chief of staff, David Israelite, turned around and headed instead toward the SIOC. While on his way to the SIOC, Ashcroft ordered that senior Justice Department officials like Thompson, who was at the remote, classified site, meet him at the center. Ashcroft will later estimate that he arrives at the SIOC sometime between 1:00 p.m. and 2:00 p.m. [9/11 Commission, 12/17/2003 pdf file; Ashcroft, 2006, pp. 118-120]
Sophisticated Command Center Can Manage Multiple Crises - The FBI’s new, upgraded SIOC officially opened in November 1998. [CNN, 11/20/1998; Federal Bureau of Investigation, 1/18/2004] The windowless, high-tech command center is 40,000 square feet in size. [Washington Post, 11/21/1998; Ashcroft, 2006, pp. 120] It can seat 380 people, includes 20 rooms to support its operations, and is equipped with sophisticated computers and communications equipment. It functions as a 24-hour watch post, a crisis management center, and an information processing center. It is capable of handling up to five crises at once. [CNN, 11/20/1998; Federal Bureau of Investigation, 1/18/2004] The SIOC was operational “[w]ithin minutes” of the terrorist attacks in New York and Washington, according to the FBI (see (Shortly After 9:03 a.m.) September 11, 2001), and provides “analytical, logistical, and administrative support” for the FBI’s teams on the ground in New York, Pennsylvania, and at the Pentagon. [Federal Bureau of Investigation, 2003] Ashcroft will remain at the SIOC throughout the day, along with most of the FBI and Justice Department’s top officials (see (2:00 p.m.-8:30 p.m.) September 11, 2001). [Los Angeles Times, 9/12/2001; Ashcroft, 2006, pp. 129]

Entity Tags: Strategic Information Operations Center, John Ashcroft

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Air Force One departs Barksdale Air Force Base.Air Force One departs Barksdale Air Force Base. [Source: Reuters]Air Force One takes off from Barksdale Air Force Base in Louisiana to fly President Bush to Offutt Air Force Base in Nebraska. While Bush has been at Barksdale, base personnel have refueled Air Force One and restocked it with provisions for its continuing journey, on the basis that it may have to serve as the president’s flying command center for the foreseeable future. [Associated Press, 10/2/2001; 2d Bomb Wing, 6/30/2002 pdf file; BBC, 9/1/2002]
Reduced Number of Passengers on Board - For security reasons, the number of people traveling on Air Force One has been reduced (see (1:00 p.m.) September 11, 2001). [Fleischer, 2005, pp. 145-146] Those continuing with the president include Bush’s chief of staff Andrew Card, his senior adviser Karl Rove, his communications director Dan Bartlett, White House press secretary Ari Fleischer, and assistant press secretary Gordon Johndroe. The number of Secret Service agents accompanying the president has been reduced, as has the number of reporters. The five remaining journalists are Ann Compton of ABC Radio, Sonya Ross of the Associated Press, Associated Press photographer Doug Mills, and a CBS cameraman and sound technician. [Salon, 9/12/2001; Associated Press, 9/12/2001]
President Given Thumbs-up by Airmen - Lieutenant General Thomas Keck, the commander of the 8th Air Force, has been at Bush’s side for most of his time at Barksdale, and accompanies the president as he is being driven across the base to Air Force One. The president passes a row of B-52 bombers and is given a thumbs-up by the planes’ crew members. Keck explains to Bush that this means the troops “are trained, they’re ready, and they’ll do whatever you want them to.” Military police salute and other Air Force crew members cheer the president as he passes them. [American History, 10/2006 pdf file]
Fighter Escort Rejoins Air Force One - Air Force One is being guarded by soldiers with their guns drawn when Bush reaches it, and a pack of military dogs is patrolling the tarmac. [Sammon, 2002, pp. 117-118] After the plane takes off, two F-16 fighter jets pull up alongside it to provide an escort. [American History, 10/2006 pdf file] These are presumably the same fighters, belonging to the 147th Fighter Wing of the Texas Air National Guard, that escorted Air Force One as it came in to land at Barksdale (see (11:29 a.m.) September 11, 2001). [Filson, 2003, pp. 87; Bombardier, 9/8/2006 pdf file]
Destination Chosen Due to 'Continuity of Government' Plan - Bush’s destination, Offutt Air Force Base, is home to the US Strategic Command (Stratcom), which controls the nation’s nuclear weapons. [Associated Press, 9/11/2001; Woodward, 2002, pp. 19] Bush will later say the decision to head there was based on Offutt’s “secure housing space and reliable communications.” [Bush, 2010, pp. 133] The base’s secure teleconferencing equipment will allow the president to conduct a meeting of his National Security Council later in the afternoon (see (3:15 p.m.) September 11, 2001). [Sammon, 2002, pp. 119; Woodward, 2002, pp. 19, 26] According to the 9/11 Commission Report, Offutt has been chosen as the president’s next destination “because of its elaborate command and control facilities, and because it could accommodate overnight lodging for 50 persons. The Secret Service wanted a place where the president could spend several days, if necessary.” [9/11 Commission, 7/24/2004, pp. 325] But according to White House counterterrorism chief Richard Clarke, the decision to head to Offutt instead of back to Washington, DC, was due to a plan called “Continuity of Government.” This program, which dates back to the Reagan administration, originally planned to set up a new leadership for the US in the event of a nuclear war. It was activated for the first time shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 4/7/2004; ABC News, 4/25/2004]

Entity Tags: Dan Bartlett, Barksdale Air Force Base, Thomas Keck, Ann Compton, Ari Fleischer, Doug Mills, George W. Bush, Gordon Johndroe, US Secret Service, 147th Fighter Wing, Sonya Ross, Karl C. Rove, Andrew Card, Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

White House press secretary Ari Fleischer tells reporters traveling with President Bush that the administration received no warnings of the terrorist attacks that occurred this morning. During a press briefing on Air Force One after the plane takes off from Barksdale Air Force Base (see 1:37 p.m. September 11, 2001), a reporter asks if Bush knows “anything more” about who is responsible for the attacks on the World Trade Center and the Pentagon. “That information is still being gathered and analyzed,” Fleischer replies. Fleischer is then asked, “Had there been any warnings that the president knew of?” to which he answers, simply, “No warnings.” He is then asked if Bush is “concerned about the fact that this attack of this severity happened with no warning?” In response, Fleischer changes the subject and fails to answer the question. In the coming days and weeks, senior administration officials, including Bush and Vice President Dick Cheney, will similarly say there was “no specific threat” of the kind of attack that happened today. [White House, 9/11/2001; New York Times, 5/18/2002] The 9/11 Commission Report, however, will note, “Most of the intelligence community recognized in the summer of 2001 that the number and severity of threat reports were unprecedented.” On August 6, Bush in fact received a Presidential Daily Brief that included an article titled, “Bin Laden Determined to Strike in US” (see August 6, 2001). [9/11 Commission, 7/24/2004, pp. 260, 262] All the same, Fleischer will say in May 2002 that the answer he gave to reporters today, stating that there were no warnings of the attacks, was appropriate. “Flying on Air Force One, with the destruction of the attacks still visible on the plane’s TV sets, the only way to interpret that question was that it related to the attacks that we were in the midst of,” he will say. [New York Times, 5/18/2002] And according to the 9/11 Commission Report, “Despite their large number, the threats received [in the summer of 2001] contained few specifics regarding time, place, method, or target.” The report will state, therefore, that the 9/11 Commission “cannot say for certain whether these reports, as dramatic as they were, related to the 9/11 attacks.” [9/11 Commission, 7/24/2004, pp. 262-263]

Entity Tags: George W. Bush, Ari Fleischer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush asks Mike Morell, his CIA briefer, who is responsible for today’s attacks on the US and Morell says he is sure al-Qaeda is to blame. About 15 minutes after Air Force One left Barksdale Air Force Base (see 1:37 p.m. September 11, 2001), White House chief of staff Andrew Card enters the staff section of the plane, where Morell is seated, and tells Morell that the president wants to see him. Morell goes to Bush’s office, where he then sits alone with the president and Card.
CIA Briefer Says He'd Bet Al-Qaeda Was behind the Attacks - Bush wants to know who Morell thinks is responsible for today’s attacks. “Michael, who did this?” he asks. Morell explains that he doesn’t have any intelligence indicating who is to blame, so he will simply provide his personal opinion. “I said that there were two countries capable of carrying out an attack like this, Iran and Iraq, but I believed both would have everything to lose and nothing to gain from the attack,” he will later recall. The culprit was almost certainly a non-state actor, he says, adding that he has no doubt that the trail of evidence will lead to the doorstep of Osama bin Laden and al-Qaeda. “I’d bet my children’s future on that,” he says.
Briefer Is Unsure How Long It Will Take to Determine Who Is Responsible - “When will we know?” Bush asks. Morell replies, “I can’t say for sure,” and then goes over some recent terrorist attacks and says how long it took the CIA to determine, with any certainty, who was responsible. He says that in the case of the 1998 bombings of the US embassies in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998), it took a couple of days; with the bombing of the USS Cole in Yemen in 2000 (see October 12, 2000), it took a couple of months; but with the 1996 bombing of the Khobar Towers in Saudi Arabia (see June 25, 1996), it had taken over a year. He says the CIA may know soon who is to blame for today’s attacks, but then again it might take some time. Bush says nothing in response once Morell has finished giving his views on who is responsible for today’s attacks and the men sit in silence for a while. Finally, Morell asks, “Is there anything else, Mr. President?” and Bush replies, “No, Michael, thank you.” Morell then returns to his seat in the staff section of the plane. [Studies in Intelligence, 9/2006 pdf file; Morell and Harlow, 2015, pp. 55-56; Politico Magazine, 9/9/2016] Bush will learn that the CIA has linked al-Qaeda to today’s attacks later this afternoon, after Air Force One lands at Offutt Air Force Base in Nebraska (see 2:50 p.m. September 11, 2001). During a video teleconference, CIA Director George Tenet will tell him that early signs indicate the terrorist group is behind the attacks (see (3:15 p.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 326; Bowden, 2012, pp. 17-18]

Entity Tags: Michael J. Morell, George W. Bush, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI’s Strategic Information and Operations Center.The FBI’s Strategic Information and Operations Center. [Source: FBI]Attorney General John Ashcroft spends most of the rest of the day at the FBI’s Strategic Information and Operations Center (SIOC), after arriving there in the early afternoon (see (Between 1:00 p.m. and 2:00 p.m.) September 11, 2001). [9/11 Commission, 12/17/2003 pdf file; Ashcroft, 2006, pp. 129] The SIOC, which is located on the fifth floor of the FBI’s headquarters in Washington, DC, functions as a 24-hour watch post and crisis management center. The huge, windowless center can seat 380 people, and is equipped with sophisticated computers and communications equipment. [CNN, 11/20/1998; Federal Bureau of Investigation, 1/18/2004]
FBI Director Briefs Ashcroft - Ashcroft will later recall that when he arrives at the SIOC, the place is “teeming with people, abuzz with activity, voices and papers everywhere, with dozens of people coming in and out with bits and pieces of new information moment by moment.” Numerous rows of computer screens are “filled with data, and eight large video display screens were being monitored constantly.” Ashcroft is met by FBI Director Robert Mueller, who briefs him on what is so far known regarding the terrorist attacks.
Priority Is to Clear the Skies - During his initial period at the SIOC, Ashcroft will recall, the “overriding priority” is to make sure all commercial aircraft are on the ground. There are also concerns about some planes that have landed and individuals on them who might have been hijackers, and concerns about securing airports so that flights can get up and running again as soon as possible. [9/11 Commission, 12/17/2003 pdf file; Ashcroft, 2006, pp. 120-121]
SIOC Is 'the Place to Be to Get Information' - Most of the leading Justice Department and FBI officials remain at the SIOC throughout the day. Other officials in the center along with Ashcroft and Mueller include Deputy Attorney General Larry Thompson, Assistant Attorney General Michael Chertoff, and Immigration and Naturalization Service Commissioner James Ziglar. [Los Angeles Times, 9/12/2001; US Department of Justice, 9/12/2001] According to Ashcroft, the SIOC is “the place to be to get information, and so everyone wanted to be there.” [9/11 Commission, 12/17/2003 pdf file] Ashcroft will later recall, “I spent the hours, days, and most of the first weeks, months, after the attack on the United States in the [SIOC].” He will add, “That day, in those early hours, the prevention of terrorist attacks became the central goal of the law enforcement and national security mission of the Federal Bureau of Investigation.” [CNN, 5/30/2002]

Entity Tags: Federal Bureau of Investigation, James W. Ziglar, US Department of Justice, Larry D. Thompson, Robert S. Mueller III, Strategic Information Operations Center, John Ashcroft, Michael Chertoff

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Two sections from Rumsfeld’s notes, dictated to Stephen Cambone.Two sections from Rumsfeld’s notes, dictated to Stephen Cambone. [Source: Defense Department]Defense Secretary Rumsfeld aide Stephen Cambone is taking notes on behalf of Rumsfeld in the National Military Command Center. These notes will be leaked to the media nearly a year later. According to the notes, although Rumsfeld has already been given information indicating the 9/11 attacks were done by al-Qaeda (see 12:05 p.m. September 11, 2001) and he has been given no evidence so far indicating any Iraqi involvement, he is more interested in blaming the attacks on Iraq. According to his aide’s notes, Rumsfeld wants the “best info fast. Judge whether good enough hit S.H. [Saddam Hussein] at same time. Not only UBL [Osama bin Laden].… Need to move swiftly.… Go massive. Sweep it all up. Things related and not.” [CBS News, 9/4/2002; Bamford, 2004, pp. 285] In a 2004 book, author James Moore will write, “Unless Rumsfeld had an inspired moment while the rest of the nation was in shock, the notes are irrefutable proof that the Bush administration had designs on Iraq and Hussein well before the president raised his hand to take the oath of office.” [Moore, 3/15/2004, pp. 18]

Entity Tags: Stephen A. Cambone, Osama bin Laden, Saddam Hussein, Central Intelligence Agency, National Military Command Center, Donald Rumsfeld, Al-Qaeda

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

The entrance to Offutt Air Force Base’s bunker.The entrance to Offutt Air Force Base’s bunker. [Source: CBC]Air Force One, with President Bush on board, lands at Offutt Air Force Base near Omaha, Nebraska, accompanied by two F-16 fighter jets. [Salon, 9/12/2001; Bamford, 2004, pp. 89; 9/11 Commission, 7/24/2004, pp. 326] Offutt is the home of the US Strategic Command (Stratcom), which controls America’s nuclear weapons. [Associated Press, 9/11/2001; US Air Force, 9/6/2011] The large base is one of the most heavily defended in the US. [Daily Telegraph, 12/16/2001] Personnel there were told earlier in the day that the president might come to Offutt during the crisis but they only received confirmation that he would be landing at the base about 20 to 30 minutes ago. [Omaha World-Herald, 2/27/2002; Omaha World-Herald, 9/8/2002; Omaha World-Herald, 9/9/2016] They have, however, taken the initiative to start preparing for his arrival. “There were pretty wide-scale preparations going on anticipating that the president might come, without knowing for sure, even before we got notice that he was coming,” Admiral Richard Mies, commander in chief of Stratcom, will later recall. “We’d started to evacuate the main quarters that could be used for VIPs and install some of the protection there that’d be needed in case [Bush] needed to spend the night,” Mies will say. [NET News, 12/27/2011; Politico Magazine, 9/9/2016] Journalists on Air Force One were not told they would be landing at Offutt. However, they learned what was happening when they saw a local television channel showing the plane arriving at the base (see (2:50 p.m.) September 11, 2001). [Gilbert et al., 2002, pp. 198; Sammon, 2002, pp. 120-121; Sylvester and Huffman, 2002, pp. 138] Bush will get off the plane about 10 minutes after it lands and then be taken to an underground command center (see (3:00 p.m.-3:10 p.m.) September 11, 2001). [Salon, 9/12/2001; Bamford, 2004, pp. 89] He will conduct a meeting of the National Security Council in a secure video teleconference while he is at the base (see (3:15 p.m.) September 11, 2001). [Washington Times, 10/8/2002; 9/11 Commission, 7/24/2004, pp. 326] Personnel at Offutt were the middle of a major training exercise called Global Guardian when America came under attack this morning (see 8:30 a.m. September 11, 2001 and Before 9:00 a.m. September 11, 2001), although the exercise has now been canceled (see (10:44 a.m.) September 11, 2001). [Omaha World-Herald, 9/8/2002; Schmitt and Shanker, 2011, pp. 22]

Entity Tags: Offutt Air Force Base, George W. Bush, Richard Mies

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush gets off Air Force One and is taken to a command center several stories underground at Offutt Air Force Base in Nebraska. [Salon, 9/12/2001; Bamford, 2004, pp. 89] At 2:50 p.m., the president’s plane landed at Offutt, home of the US Strategic Command (Stratcom), which controls America’s nuclear weapons (see 2:50 p.m. September 11, 2001). [Associated Press, 9/11/2001; 9/11 Commission, 7/24/2004, pp. 326] About 10 minutes later, Bush emerges from the plane. [Salon, 9/12/2001] Admiral Richard Mies, commander in chief of Stratcom, along with a driver and a Secret Service agent, has come in a car to meet Air Force One on the runway. After getting off the plane, Bush gets into the back of the car with Mies. [Sammon, 2002, pp. 121; NET News, 12/27/2011; Politico Magazine, 9/9/2016] His staffers, meanwhile, get onto buses. [Studies in Intelligence, 9/2006 pdf file] The vehicles are driven away from the plane and across the large base. [Sammon, 2002, pp. 121]
Bush Goes to the Underground Command Center - Bush and his staffers are then taken to Stratcom’s underground command center. [CBS News, 9/2/2003] They are taken by Mies through the center’s fire escape in order to reach it. [NET News, 12/27/2011; Omaha World-Herald, 9/9/2016] They are driven to a small, concrete building, resembling a hut, go through a door in it, and then head down a staircase. [White House, 8/12/2002; Fleischer, 2005, pp. 147-148] “We went down and down and down, pretty far underground,” Brian Montgomery, the White House’s director of advance, will later recall. [Politico Magazine, 9/9/2016] “It’s a long way down,” Karl Rove, Bush’s senior adviser, will describe, “and then you emerge and go through a series of hallways and special doors, blast doors… and then you enter into a conference center, which is… several stories underground.” [ABC News, 9/11/2002]
Exercise Means Extra People Are in the Command Center - The command center, according to author James Bamford, is “a cavernous two-story war room with banks of dark wooden desks curved away from a giant projection screen on which [is] displayed the status of military forces around the world.” [Bamford, 2004, pp. 89] Eight giant video screens are loaded with data and numerous military personnel are seated at computer terminals that are hooked into satellites monitoring activities around the world. [Washington Post, 1/27/2002; Omaha World-Herald, 2/27/2002] Stratcom was in the middle of a major training exercise, called Global Guardian, when the attacks began this morning (see 8:30 a.m. September 11, 2001 and Before 9:00 a.m. September 11, 2001) and consequently many more people are in the command center than would normally be there.
Bush Is Briefed on the Attacks - When Bush enters, Rear Admiral Jay Donnelly, the operations officer in the center, announces, “Ladies and gentlemen, the president.” Everyone comes to attention. Bush then tells them to sit down. Mies gives Bush a briefing in the command center. “The president sat down and I briefed him on what each of [the] screens was displaying,” he will recall, adding, “Gave him, as best I could, an update from [Stratcom’s] perspective of what was happening based on what we knew.” [Omaha World-Herald, 9/8/2002; NET News, 12/27/2011] After being briefed, Bush and Andrew Card, his chief of staff, will be taken to a teleconference center. [CBS News, 9/2/2003; Rove, 2010, pp. 261] There, Bush will conduct a meeting of the National Security Council in a secure video teleconference (see (3:15 p.m.) September 11, 2001). [Washington Times, 10/8/2002; 9/11 Commission, 7/24/2004, pp. 326; NET News, 12/27/2011]

Entity Tags: Jay Donnelly, George W. Bush, Richard Mies, Brian Montgomery, US Secret Service, Karl C. Rove, US Strategic Command

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush takes part in a video teleconference at Offutt Air Force Base. Chief of Staff Andrew Card sits on his left, and Admiral Richard Mies sits on his left.
President Bush takes part in a video teleconference at Offutt Air Force Base. Chief of Staff Andrew Card sits on his left, and Admiral Richard Mies sits on his left. [Source: White House]At Offutt Air Force Base in Nebraska, President Bush convenes the first meeting of the National Security Council since the attacks occurred. [Woodward, 2002, pp. 26] He begins the video conference call from a bunker beneath the base. He and Chief of Staff Andrew Card visually communicate directly with Vice President Cheney, National Security Adviser Rice, Defense Secretary Rumsfeld, Deputy Secretary of State Richard Armitage, CIA Director Tenet, Transportation Secretary Norman Mineta, counterterrorism “tsar” Richard Clarke, and others. [Daily Telegraph, 12/16/2001; ABC News, 9/11/2002; Washington Times, 10/8/2002] According to Clarke, Bush begins the meeting by saying, “I’m coming back to the White House as soon as the plane is fueled. No discussion.” But according to Condoleezza Rice, he begins with the words, “We’re at war.” Clarke leads a quick review of what has already occurred, and issues that need to be quickly addressed. Bush asks CIA Director Tenet who he thinks is responsible for the day’s attacks. Tenet later recalls, “I told him the same thing I had told the vice president several hours earlier: al-Qaeda. The whole operation looked, smelled, and tasted like bin Laden.” Tenet tells Bush that passenger manifests show that three known al-Qaeda operatives had been on Flight 77. According to Tenet, when he tells the president in particular about Nawaf Alhazmi and Khalid Almihdhar (two of the alleged Flight 77 hijackers), Bush gives Mike Morell, his CIA briefer, “one of those ‘I thought I was supposed to be the first to know’ looks.” (Other evidence indicates the third al-Qaeda operative whose name is on the passenger manifest would be Salem Alhazmi (see 9:53 p.m. September 11, 2001).) Tenet tells the meeting that al-Qaeda is “the only terrorist organization capable of such spectacular, well-coordinated attacks,” and that “Intelligence monitoring had overheard a number of known bin Laden operatives congratulating each other after the attacks. Information collected days earlier but only now being translated indicated that various known operatives around the world anticipated a big event. None specified the day, time, place or method of attack.” Richard Clarke later corroborates that Tenet had at this time told the president he was certain that al-Qaeda was to blame. Yet only six weeks later, in an October 24, 2001 interview, Rice will claim differently. She will say, “In the first video conference, the assumption that everybody kind of shared was that it was global terrorists.… I don’t believe anybody said this is likely al-Qaeda. I don’t think so.” Tenet also relays a warning the CIA has received from French intelligence, saying another group of terrorists is within US borders and is preparing a second wave of attacks. Defense Secretary Rumsfeld briefs on the status of US forces, and states that about 120 fighters are now above US cities. [Woodward, 2002, pp. 26-27; Clarke, 2004, pp. 21-22; 9/11 Commission, 7/24/2004, pp. 326 and 554; Tenet, 2007, pp. 169] The meeting reportedly ends around 4:00-4:15 p.m. [Daily Telegraph, 12/16/2001; Washington Times, 10/8/2002]

Entity Tags: Norman Mineta, Osama bin Laden, Richard Armitage, Richard (“Dick”) Cheney, Richard A. Clarke, National Security Council, George W. Bush, George J. Tenet, Donald Rumsfeld, Andrew Card, Al-Qaeda, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Brian Stafford.Brian Stafford. [Source: Publicity photo]President Bush reportedly had begun his video conference call with the National Security Council (see (3:15 p.m.) September 11, 2001) by announcing, “I’m coming back to the White House as soon as the plane is fueled. No discussion.” [Clarke, 2004, pp. 21] Toward the end of this meeting, around 4 p.m., Secret Service Director Brian Stafford tells Bush, “Our position is stay where you are. It’s not safe.” The Secret Service reportedly wants to keep the president where he is, at Offutt Air Force Base, overnight, and—according to some later accounts—indefinitely. To Stafford’s surprise, Bush ignores his advice and tells him, “I’m coming back.” Leaving the meeting, Bush tells his staff, “We’re going home.” [Daily Telegraph, 12/16/2001; Sammon, 2002, pp. 123; Woodward, 2002, pp. 28] Bush adviser Karl Rove later claims that, around this time, there are concerns that several planes still remain unaccounted for (see (4:00 p.m.) September 11, 2001).

Entity Tags: George W. Bush, Brian L. Stafford, US Secret Service

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bush speaking to Cheney shortly after leaving Offutt.
Bush speaking to Cheney shortly after leaving Offutt. [Source: White House]Air Force One, with President Bush on board, takes off from Offutt Air Force Base in Nebraska and heads for Washington, DC. [CNN, 9/12/2001; Sammon, 2002, pp. 123; Draper, 2007, pp. 143] The president’s plane landed at Offutt at 2:50 p.m. While he was at the base, Bush conducted a meeting of the National Security Council in a secure video teleconference (see (3:15 p.m.) September 11, 2001). [Bamford, 2004, pp. 89, 91; 9/11 Commission, 7/24/2004, pp. 326] Against objections from the Secret Service, he has announced that he will be returning to Washington (see (4:00 p.m.) September 11, 2001). [Woodward, 2002, pp. 28; Washington Times, 10/8/2002; Bush, 2010, pp. 135]
Bush Thanks Personnel at Offutt - Bush waved to personnel at the base as he was making his way out to his plane. “We were working at our desks and all of a sudden, there was the president striding down the hallway,” Julie Ziegenhorn, a public affairs officer, will later describe, adding, “He walked right out the front door, waving to us.” He shouted to the personnel, “Thanks for all you’re doing!”
Pilot Was Surprised that Bush Is Leaving - Colonel Mark Tillman, the pilot of Air Force One, was incredulous when he was told the president was getting ready to leave, since he’d expected Bush to stay at Offutt for a much longer time. He had been in an office at the base when a young airman ran up to him and said, “It looks like the president is heading back to the plane.” He dismissed the airman, saying, “It probably wasn’t the guy,” but the airman replied, “No, I’m pretty sure I just saw him drive by.” Tillman then raced back to Air Force One and found the president waiting for him at the top of the stairs by the cockpit. Bush told him: “Tillman, we got to get back home. Let’s get back home.”
Reporters Are Allowed to Say What Bush Is Doing - Reporters who have been traveling with Bush are finally permitted to describe the president’s movements on the record. “I called my bureau and told them that the president was heading back to Washington and would address the nation from the Oval Office,” Ann Compton of ABC Radio will recall. [US Air Force, 2/29/2012 pdf file; Politico Magazine, 9/9/2016]
Bush Tells His Wife, 'See You at the White House' - As Air Force One is taking off, Bush calls his wife, Laura, who is at the Secret Service headquarters in Washington (see (10:55 a.m.) September 11, 2001), to let her know he is returning to the capital. He tells her: “I’m coming home. See you at the White House. I love you. Go on home.” After talking to her, he feels comfortable enough to make a joke. “If I’m in the White House and there’s a plane coming my way, all I can say is I hope I read my Bible that day,” he says to his aides. [Sammon, 2002, pp. 123; Woodward, 2002, pp. 17, 28; Washington Times, 10/8/2002]

Entity Tags: Laura Bush, Julie Ziegenhorn, Ann Compton, Mark Tillman, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The plane with General Henry Shelton, the chairman of the Joint Chiefs of Staff, on board lands at Andrews Air Force Base, just outside Washington, DC, after repeatedly being denied permission to enter US airspace. [Federal Aviation Administration, 9/11/2001 pdf file; Air Force Magazine, 9/2011 pdf file] At the time of the attacks on the World Trade Center, Shelton was flying toward Europe to attend a NATO conference. After he learned of the second attack, he ordered that his plane turn around and head back to the US (see (8:50 a.m.-10:00 a.m.) September 11, 2001). [Shelton, Levinson, and McConnell, 2010, pp. 430-431] However, for a number of hours, the plane, nicknamed “Speckled Trout,” was refused clearance to return because the nation’s airspace had been shut down (see (9:45 a.m.) September 11, 2001). After flying in a “holding pattern” near Greenland and later flying in another holding pattern over Canada, the plane was finally cleared to fly back into the United States (see (After 9:45 a.m.) September 11, 2001). [Air Force Magazine, 9/2011 pdf file] It was escorted by F-16 fighter jets as it flew into the US airspace. [Sanger Herald, 10/17/2013] After flying over New York, Speckled Trout lands at Andrews Air Force Base. [Air Force Magazine, 9/2011 pdf file] It is recorded as having landed at 4:40 p.m. [Federal Aviation Administration, 9/11/2001 pdf file] “We landed to find the normally bustling Air Force base like a ghost town,” Shelton will later recall. “Like so many government institutions, parts of the base bad been evacuated.” At the base, Shelton is “met by an entourage of three District of Columbia patrol cars and about a dozen motorcycle cops,” which will escort his car, “lights flashing and sirens blaring,” to the Pentagon. [Shelton, Levinson, and McConnell, 2010, pp. 433-434; UNC-TV, 1/27/2013] He will join other senior officials in the National Military Command Center (NMCC) at the Pentagon at 5:40 p.m. (see 5:40 p.m. September 11, 2001). [Myers, 2009, pp. 159]

Entity Tags: Henry Hugh Shelton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mike Morell, President Bush’s CIA briefer, passes on to Bush all the information the CIA currently has relating to today’s terrorist attacks, which includes a warning the agency received about the possibility that a group of al-Qaeda terrorists is in the United States, preparing for a second wave of attacks. [Tenet, 2007, pp. 169; Bush, 2010, pp. 136; Politico Magazine, 9/9/2016] While he was at Offutt Air Force Base in Nebraska, Bush conducted a meeting of the National Security Council in a secure video teleconference (see (3:15 p.m.) September 11, 2001). During the meeting, CIA Director George Tenet said the CIA had information linking al-Qaeda to today’s attacks. [Woodward, 2002, pp. 26-27; 9/11 Commission, 7/24/2004, pp. 326; Priess, 2016, pp. 243] Before the meeting ended, Morell slipped out to phone Ted Gistaro, Tenet’s executive assistant, at the CIA’s operations center and asked to have the information Tenet provided to Bush sent to Air Force One. [Tenet, 2007, pp. 169; Morell and Harlow, 2015, pp. 57]
Fax Includes All of the CIA's Information on the Attacks - A few minutes after Air Force One took off from Offutt, heading for Washington, DC (see (4:33 p.m.) September 11, 2001), Morell received a six-page fax that included all the intelligence the CIA had relating to the attacks. It included the talking points Tenet used to brief Bush during the teleconference, along with a lot of information Tenet was unable to cover in the meeting. Morell read through the material several times and highlighted several passages.
Briefer Goes Over the CIA's Information with Bush - Now, about 30 minutes later, Andrew Card, Bush’s chief of staff, comes to the staff cabin and tells Morell that Bush will see him to go through the information. Morell therefore accompanies Card to the conference room on the plane and the two men meet with Bush there. Morell goes over the material he has been sent with the president, allowing Bush to read as much of it as he wants. [Studies in Intelligence, 9/2006 pdf file; Morell and Harlow, 2015, pp. 57; Politico Magazine, 9/9/2016]
Briefer Reports the Possibility of a Second Wave of Attacks - The material includes information provided by French intelligence, explaining that it has detected signs that al-Qaeda has “sleeper cells” in the US that are planning a second wave of attacks. Bush is concerned when he learns this. He will later describe receiving the information as “one of the darkest moments of the day.” “I believed America could overcome the September 11 attacks without further panic,” he will write. “But,” he will add, “a follow-on strike would be very difficult to bear.” [Tenet, 2007, pp. 169; Bush, 2010, pp. 136; Politico Magazine, 9/9/2016] After Morell has finished briefing the president, Bush thanks him and he returns to his seat in the staff cabin. This meeting apparently takes place at around 5:20 p.m., since Morell will comment that Building 7 of the World Trade Center collapses while he is briefing the president and this incident occurs at 5:20 p.m. (see (5:20 p.m.) September 11, 2001). [Studies in Intelligence, 9/2006 pdf file; National Institute of Standards and Technology, 11/2008, pp. 15]

Entity Tags: Andrew Card, Central Intelligence Agency, Al-Qaeda, George W. Bush, Michael J. Morell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

General Henry Shelton, the chairman of the Joint Chiefs of Staff, finally arrives at the National Military Command Center (NMCC) at the Pentagon after returning to the US when his flight to Europe was aborted.
Vice Chairman Updates Shelton - After Shelton enters the NMCC, General Richard Myers, the vice chairman of the Joint Chiefs of Staff, briefs him. Myers says that Air National Guard and regular Air Force combat air patrols are flying above major US cities under AWACS control, the entire US military is on Threatcon level Delta, and the Joint Forces Command is sending headquarters units to New York and Washington, DC.
Intelligence Director Says Only One 'Hint' Indicated Possible Attack - Shelton then turns to Vice Admiral Tom Wilson, the director of the Defense Intelligence Agency, and Rear Admiral Lowell Jacoby, the director of intelligence for the Joint Staff, and asks them, “Have we had any intel ‘squeaks’ on an attack like this—anything at all?” Wilson replies: “The only possible hint of this coming was several months ago when we got a single intercept requesting jumbo jet training. Since then, there’s been nothing.” Myers will later comment that Wilson is “referring to the vast electronic signals data-mining operations of our intelligence community that targeted known terrorist networks, such as al-Qaeda and their allies.” [Myers, 2009, pp. 159]
Shelton Flying to Europe at Time of Attacks - Shelton was flying across the Atlantic Ocean to Hungary for a NATO conference when he learned of the terrorist attacks in the US, and had ordered that his plane return to Washington (see (8:50 a.m.-10:00 a.m.) September 11, 2001). However, the plane was repeatedly denied permission to enter US airspace (see (After 9:45 a.m.) September 11, 2001) and only landed at Andrews Air Force Base, just outside Washington, at 4:40 p.m. (see 4:40 p.m. September 11, 2001). From there, three patrol cars and about a dozen motorcycle cops escorted the chairman and his accompanying staff members as they were driven to the Pentagon. Once at the Pentagon, Shelton initially went to his office and then visited the site of the attack, to see the wreckage there. After returning to the building, he headed to the NMCC. [Federal Aviation Administration, 9/11/2001 pdf file; Giesemann, 2008, pp. 22-32; Shelton, Levinson, and McConnell, 2010, pp. 430-436; Air Force Magazine, 9/2011 pdf file]
Chairman in Office for Much of Evening - Shelton will spend much of the evening in his office with staff, preparing for meetings of the National Security Council later this evening and the following day (see (9:00 p.m.-10:00 p.m.) September 11, 2001 and September 12, 2001). At 6:42 p.m., he will join Secretary of Defense Donald Rumsfeld and Senators Carl Levin (D-MI) and John Warner (R-VA) to give a news briefing (see 6:42 p.m. September 11, 2001), and at around 9:00 p.m. he will head to the White House for the National Security Council meeting there. [CNN, 9/12/2001; Priest, 2003, pp. 37; Shelton, Levinson, and McConnell, 2010, pp. 436]

Entity Tags: National Military Command Center, Richard B. Myers, Tom Wilson, Henry Hugh Shelton, Lowell E. Jacoby

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Donald Rumsfeld speaking at his 6:42 p.m. news briefing. Behind the secretary of defense, left to right, are Thomas White, Henry Shelton, John Warner, and Carl Levin.Donald Rumsfeld speaking at his 6:42 p.m. news briefing. Behind the secretary of defense, left to right, are Thomas White, Henry Shelton, John Warner, and Carl Levin. [Source: Bob Houlihan/US Navy]Secretary of Defense Donald Rumsfeld and four other senior officials give a news briefing at the Pentagon, which is broadcast live around the world, to reassure the public that the US government is still functioning and the nation is strong, and during the briefing Rumsfeld says that, despite the devastating attack there, the Pentagon will reopen the following day. [Government Executive, 9/11/2001; CNN, 9/12/2001; Giesemann, 2008, pp. 34; Shelton, Levinson, and McConnell, 2010, pp. 436] Joining Rumsfeld in the Pentagon press room to give the briefing are Senators Carl Levin (D-MI) and John Warner (R-VA), the chairman of the Senate Armed Services Committee and the committee’s ranking minority member, respectively; General Henry Shelton, the chairman of the Joint Chiefs of Staff, who has returned to the US after his flight to Europe was aborted (see (8:50 a.m.-10:00 a.m.) September 11, 2001); and Secretary of the Army Thomas White, who has come to the Pentagon from the alternate command location. [US Department of Defense, 9/11/2001; Goldberg et al., 2007, pp. 145] Levin and Warner called Rumsfeld earlier in the day, promising him their wholehearted support, and he had suggested they come over to the Pentagon. [Clarke, 2006, pp. 228]
Officials Addressing Millions of Americans - As Rumsfeld and the four other men stood outside the press room before the briefing, Assistant Secretary of Defense for Public Affairs Victoria Clarke informed them, “Gentlemen, you are about to address 320 million Americans who have witnessed an unspeakable tragedy today.” [Giesemann, 2008, pp. 34]
Pentagon 'Will Be in Business Tomorrow' - Rumsfeld begins the briefing, reading out a statement he has written by hand. He says, “This is a tragic day for our country,” and adds, “We have taken a series of measures to prevent further attacks and to determine who is responsible.” After summarizing some of the Defense Department’s actions throughout the day, Rumsfeld gives reassurance that the Pentagon is still up and running, pointing out that “the briefing here is taking place in the Pentagon. The Pentagon’s functioning,” and, he adds, “It will be in business tomorrow.” Shelton calls the day’s terrorist attacks “an outrageous act of barbaric terrorism carried out by fanatics,” and states, “I have no intentions of discussing today what comes next, but make no mistake about it, your armed forces are ready.”
'No Information' that Military Shot Down Any Aircraft - Rumsfeld takes a number of questions from reporters, but refuses to speculate about any uncertain information. When asked: “What about Osama bin Laden? Do you suspect him as the prime suspect in this?” Rumsfeld answers, “It’s not the time for discussions like that.” One reporter says, “[T]here were rumors earlier in the day that the plane which crashed in Pennsylvania had been brought down by the United States, either shot down or in some other manner,” to which Rumsfeld responds, “We have absolutely no information that any US aircraft shot down any other aircraft today.” [US Department of Defense, 9/11/2001; Clarke, 2006, pp. 230-231]
Briefing Would Be a 'Powerful Statement' - The briefing has come about because Clarke felt earlier on that Rumsfeld should do a media briefing today and that, despite the objections of others, it should be conducted at the Pentagon, as this would be “the most powerful statement we could deliver that we were open for business.” Rumsfeld agreed with Clarke’s suggestion to hold such a briefing. [Clarke, 2006, pp. 229-230] Shelton will later recall that the feedback the briefing generates “by far surpassed any other I have ever received. The nation was obviously shaken and looking for reassurance that their government was still functioning.” [Shelton, Levinson, and McConnell, 2010, pp. 436]

Entity Tags: Carl Levin, Henry Hugh Shelton, Donald Rumsfeld, Thomas E. White, John W. Warner, Victoria (“Torie”) Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Secretary of State Colin Powell arrives back in Washington, DC. He had been away in Peru at the time of the attacks, and his flight back to the US had only taken off at around 12:30 p.m. EDT. The exact time he arrives in the capital is unclear, though a State Department spokesman said at 7:40 p.m. that he was due to return “within the hour.” Powell will be at the White House in time for a 9:30 p.m. meeting between the president and his key advisers (see (9:00 p.m.-10:00 p.m.) September 11, 2001). By then, Bush will already have delivered his speech to the nation declaring, “We will make no distinction between the terrorists who committed these acts and those who harbor them” (see 8:30 p.m. September 11, 2001). As journalist Bob Woodward will comment, “The president, [National Security Adviser Condoleezza] Rice, [White House counselor Karen] Hughes and the speechwriters had made one of the most significant foreign policy decisions in years, and the secretary of state had not been involved.” [US Department of State, 9/11/2001; Woodward, 2002, pp. 31-32; Washington Post, 1/27/2002] The Daily Telegraph later comments, “In the weeks before September 11 Washington was full of rumors that Powell was out of favor and had been quietly relegated to the sidelines.” [Daily Telegraph, 12/16/2001]

Entity Tags: George W. Bush, Colin Powell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bush addresses the nation from the White House.
Bush addresses the nation from the White House. [Source: White House]From the White House Oval Office, President Bush gives a seven-minute address to the nation on live television. [CNN, 9/11/2001; CNN, 9/12/2001; Woodward, 2002, pp. 31] He says, “I’ve directed the full resources of our intelligence and law enforcement communities to find those responsible and to bring them to justice.” In what will later be called the Bush Doctrine, he states, “We will make no distinction between the terrorists who committed these acts and those who harbor them.” [US President, 9/17/2001; Washington Post, 1/27/2002] Washington Post reporter Dan Balz will later comment that this “those who harbor them” statement “set the tone for where the administration was going both with Afghanistan and, I think, with Iraq.” Bush’s speechwriter at the time, David Frum, will later say: “When he laid down those principles, I don’t know whether he foresaw all of their implications, how far they would take him. I don’t know if he understood fully and foresaw fully the true radicalism of what he had just said.” Neoconservatives see hope that the words could lead to an invasion of Iraq. Author and former National Security Council staffer Kenneth Pollack will comment, “It does seem very clear that after September 11th, this group seized upon the events of September 11th to resurrect their policy of trying to go after Saddam Hussein and a regime change in Iraq.” [PBS Frontline, 2/20/2003] Secretary of State Colin Powell arrived back from Peru too late to influence the content of this pivotal speech (see (Between 7:40 p.m. and 8:40 p.m.) September 11, 2001).

Entity Tags: Dan Balz, Colin Powell, Kenneth Pollack, David Frum, George W. Bush

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline

President Bush (below television screen) meeting with the National Security Council in a bunker below the White House. In the far row from left to right, are Attorney General Ashcroft, President Bush, Chief of Staff Card, CIA Director Tenet, and counterterrorism “tsar” Ckarke. In the near row, Secretary of State Powell can be seen waving his hand, and National Security Advisor Rice sits to his right.President Bush (below television screen) meeting with the National Security Council in a bunker below the White House. In the far row from left to right, are Attorney General Ashcroft, President Bush, Chief of Staff Card, CIA Director Tenet, and counterterrorism “tsar” Ckarke. In the near row, Secretary of State Powell can be seen waving his hand, and National Security Advisor Rice sits to his right. [Source: Eric Draper/ White House]President Bush meets with his full National Security Council. According to journalist Bob Woodward, this meeting turns out to be “unwieldy.” So at 9:30 p.m., Bush follows it with a meeting with a smaller group of his most senior principal national security advisers in the Presidential Emergency Operations Center (PEOC) beneath the White House. Bush and his advisers have already decided bin Laden is behind the attacks. As the president later recalls, in these meetings, “That’s when we first got the indication… we’ve identified, we think it’s al-Qaeda.” He says the FBI now thinks that “it’s al-Qaeda, and we start to develop our plans to get them. I mean, there wasn’t any hesitation. We’re starting the process of coalition-building and how to get ‘em.” (According to other accounts, though, the CIA had informed Bush hours earlier that it was virtually certain al-Qaeda was to blame for the attacks (see (3:15 p.m.) September 11, 2001).) CIA Director George Tenet says that al-Qaeda and the Taliban in Afghanistan are essentially one and the same. Tenet says, “Tell the Taliban we’re finished with them.” [Sammon, 2002, pp. 133; Woodward, 2002, pp. 31-33; Washington Post, 1/27/2002] The president says, “I want you all to understand that we are at war and we will stay at war until this is done. Nothing else matters. Everything is available for the pursuit of this war. Any barriers in your way, they’re gone. Any money you need, you have it. This is our only agenda.” When, later in the discussion, Defense Secretary Donald Rumsfeld points out that international law only allows force to prevent future attacks and not for retribution, Bush yells, “No. I don’t care what the international lawyers say, we are going to kick some ass.” [Clarke, 2004, pp. 23-24] Bush will subsequently announce a new US doctrine of preemptive attack the following June (see June 1, 2002). [Time, 6/23/2002] During the meeting, the president refers to the present political situation as a “great opportunity” (see (Between 9:30 p.m. and 10:00 p.m.) September 11, 2001). By the time the meeting ends, it is after 10 p.m. [Sammon, 2002, pp. 133]

Entity Tags: Osama bin Laden, Taliban, National Security Council, Richard A. Clarke, George W. Bush, Donald Rumsfeld, Al-Qaeda, George J. Tenet, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush describes the state of affairs brought about by today’s terrorist attacks as a “great opportunity.” Bush is in a meeting with his key advisers in the Presidential Emergency Operations Center below the White House (see (9:00 p.m.-10:00 p.m.) September 11, 2001). Referring to the attacks and the present political situation, he tells his colleagues: “This is a great opportunity. We have to think of this as an opportunity.” According to journalist Bob Woodward, he means this is a chance to improve relations, especially with major powers such as Russia and China, and is about more than just flushing out Osama bin Laden. [Woodward, 2002, pp. 31-32; Washington Post, 1/27/2002] He says, “This is an opportunity beyond Afghanistan; we have to shake terror loose in places like Syria and Iran and Iraq,” according to journalist and author Kurt Eichenwald. “This is an opportunity to rout out terror wherever it might exist,” he adds. [Eichenwald, 2012, pp. 51]

Entity Tags: George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A section from Rumsfeld’s notes, dictated to Stephen Cambone.A section from Rumsfeld’s notes, dictated to Stephen Cambone. [Source: Defense Department] (click image to enlarge)Stephen Cambone, the Principal Deputy Undersecretary of Defense for Policy, makes the following note for Defense Secretary Rumsfeld at an emergency policy meeting, “AA 77—3 indiv have been followed since Millennium + Cole. 1 guy is assoc of Cole bomber. 2 entered US in early July (2 of 3 pulled aside and interrogated?).” Although four of the subsequently alleged Flight 77 hijackers were known to the authorities in connection with terrorism before 9/11, it appears that the three referred to here as being followed are Nawaf Alhazmi, Khalid Almihdhar, and Salem Alhazmi, due to their ties to an al-Qaeda Malaysia summit around the Millennium (see January 5-8, 2000) and ties to the USS Cole bombing (see October 12, 2000). Nawaf Alhazmi and Khalid Almihdhar initially arrived in the US shortly before or after the Millennium plot was due to come to fruition (see November 1999 and January 15, 2000), even entering at Los Angeles Airport (LAX), a target of the plot. If the note is literally correct that some US authorities were following these three since the Millennium, this would contradict the 9/11 Commission’s position that the trail of the three was lost shortly after the Millennium. The comment that one of the hijackers is an associate of a Cole bomber could refer to photos the CIA had before 9/11 identifying Almihdhar standing next to Cole bomber Fahad al-Quso (see Early December 2000) or photos of him standing next to Cole bomber Khallad bin Attash (see January 4, 2001). The note’s mention that two of them entered the US in July is also accurate, as Salem Alhazmi entered the US on June 29 (see April 23-June 29, 2001) and Khalid re-entered on July 4 (see July 4, 2001). [US Department of Defense, 9/11/2001 pdf file; US Department of Defense, 2/6/2006 pdf file] Earlier in the day, Cambone took notes for Rumsfeld that indicate Rumsfeld is keen to move against Iraq following the 9/11 attacks, even though he was aware there may be no connection between Iraq and 9/11 (see (2:40 p.m.) September 11, 2001). [US Department of Defense, 9/11/2001 pdf file; Guardian, 2/24/2006]

Entity Tags: Khalid Almihdhar, Stephen A. Cambone, Salem Alhazmi, Nawaf Alhazmi, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After a meeting with the full National Security Council from 9:00 to 10:00 p.m. (see (9:00 p.m.-10:00 p.m.) September 11, 2001), President Bush continues meeting with a smaller group of advisers. During this meeting, Bush says the US will punish not just the perpetrators of the 9/11 attacks, but also those who harbored them (this closely echoes the rhetoric he used in a speech that evening (see 8:30 p.m. September 11, 2001)). Secretary of State Colin Powell suggests the US needs to build a coalition of other nations. But according to the 9/11 Commission, Defense Secretary Donald Rumsfeld urges Bush to “think broadly about who might have harbored the attackers, including Iraq, Afghanistan, Libya, Sudan, and Iran. He wonder[s] aloud how much evidence the United States would need in order to deal with these countries, pointing out that major strikes could take up to 60 days to assemble.” [9/11 Commission, 7/24/2004, pp. 330] According to journalist Bob Woodward, at this meeting, “Rumsfeld actually puts Iraq on the table and says, ‘Part of our response maybe should be attacking Iraq. It’s an opportunity.’” [PBS Frontline, 6/20/2006] Earlier in the day, notes by a Rumsfeld aide indicate Rumsfeld was aware that evidence was already suggesting al-Qaeda was behind the 9/11 attacks, but he wanted to use 9/11 as an excuse to attack Iraq as well (see (2:40 p.m.) September 11, 2001).

Entity Tags: Colin Powell, George W. Bush, Bob Woodward, Donald Rumsfeld

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

After meeting with a small group of his key advisers in the Presidential Emergency Operations Center (PEOC) below the White House (see (9:00 p.m.-10:00 p.m.) September 11, 2001), President Bush is heading for the elevator to go back upstairs, when he is stopped by a Secret Service agent. The agent tells him, “You’ll be sleeping down here tonight.” Bush says no. When the agent tries to argue about it, Bush repeats, “No, I’m not going to.” He later says his reasons for refusing the Secret Service agent’s instruction are, firstly, “the bed [in the PEOC] looked unappetizing. Secondly, it was a little stale in there. And I needed sleep.” The agent acquiesces, but warns, “If we have any threats, we will come and get you.” Bush then heads up to his bedroom. [Newsweek, 12/3/2001; Sammon, 2002, pp. 133-134] But, shortly after going to bed, the president and first lady will be rushed down to the PEOC due to a false alarm over an approaching plane (see 11:08 p.m. September 11, 2001).

Entity Tags: US Secret Service, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Attorney General John Ashcroft briefs about 250 members of Congress on the latest developments regarding the day’s terrorist attacks. [Associated Press, 9/12/2001] Since he arrived there in the early afternoon (see (Between 1:00 p.m. and 2:00 p.m.) September 11, 2001), Ashcroft has spent most of the day at the Strategic Information and Operations Center at the FBI’s headquarters in Washington, DC (see (2:00 p.m.-8:30 p.m.) September 11, 2001). He and other senior Justice Department officials have repeatedly heard from members of Congress who want more information about the attacks. Ashcroft will later recall, “We tried our best to provide it, but we were still in the heat of battle.” However, “No matter; Congress wanted answers.” Therefore, after attending a meeting at the White House—presumably President Bush’s meeting with his National Security Council and/or his subsequent meeting with his most senior principal national security advisers (see (9:00 p.m.-10:00 p.m.) September 11, 2001)—Ashcroft heads to the police station north of the Hart Senate Office Building, to brief the House and Senate members who are gathered there. [9/11 Commission, 12/17/2003 pdf file; Ashcroft, 2006, pp. 129] About 250 members of Congress are at the briefing. [Associated Press, 9/12/2001] Ashcroft will recall, “The place was jammed with members of Congress, all shouting questions, some complaining about apparent inconsistencies, many expressing dissatisfaction that we didn’t know everything, and all wanting answers that I didn’t know or couldn’t say.” [Ashcroft, 2006, pp. 129] He reportedly tells those at the briefing that “the US government now believes teams of three to five individuals carrying knives commandeered those four airliners earlier today, destroying them and themselves in the process.” [CNN, 9/11/2001; CNN, 9/12/2001] Ashcroft stays at the police station until well after midnight, holding what he will describe as “an intense discussion” with the members of Congress. He has to say “I don’t know” over and over again, he will recall. [Ashcroft, 2006, pp. 129]

Entity Tags: John Ashcroft

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After refusing the Secret Service’s instruction to sleep in the Presidential Emergency Operations Center (PEOC) below the White House, and going instead to his bedroom (see (Shortly After 10:00 p.m.) September 11, 2001), President Bush is awoken by someone telling him, “Mr. President, Mr. President! Incoming plane! We could be under attack! Come on! Right now!” Bush and the first lady get out of bed, and join everybody else heading to the PEOC. On the way down, they run into Andrew Card, Condoleezza Rice, and also Neil Bush—one of the president’s younger brothers—who apparently is staying at the White House at this time. About a minute after arriving at the PEOC, though, someone comes in and says, “Mr. President, good news! It’s one of our own!” Bush later says the incoming plane was just an F-16 fighter jet. The Secret Service still wants him to spend the night in the PEOC, but Bush refuses and goes back to the residence for the rest of the night. [Newsweek, 12/3/2001; Sammon, 2002, pp. 134-135; Woodward, 2002, pp. 36]

Entity Tags: Neil Bush, Laura Bush, Condoleezza Rice, George W. Bush, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

One page of a torn up 757 cockpit poster used by the hijackers. It was found in a trash compactor at the Days Inn, near the Newark Airport.One page of a torn up 757 cockpit poster used by the hijackers. It was found in a trash compactor at the Days Inn, near the Newark Airport. [Source: FBI]Investigators find a remarkable number of possessions left behind by the hijackers:
bullet Two of Mohamed Atta’s bags are found on 9/11. They contain a handheld electronic flight computer, a simulator procedures manual for Boeing 757 and 767 aircraft, two videotapes relating to “air tours” of the Boeing 757 and 747 aircraft, a slide-rule flight calculator, a copy of the Koran, Atta’s passport, his will, his international driver’s license, a religious cassette tape, airline uniforms, a letter of recommendation, “education related documentation” and a note (see September 28, 2001) to other hijackers on how to mentally prepare for the hijacking. [Sydney Morning Herald, 9/15/2001; Boston Globe, 9/18/2001; Independent, 9/29/2001; Associated Press, 10/5/2001] Author Terry McDermott will later comment, “Atta’s bag contained nearly every important document in his life… If you wanted to leave a roadmap for investigators to follow, the suitcase was a pretty good place to start.” [McDermott, 2005, pp. 306]
bullet Marwan Alshehhi’s rental car is discovered at Boston’s Logan Airport containing an Arabic language flight manual, a pass giving access to restricted areas at the airport, documents containing a name on the passenger list of one of the flights, and the names of other suspects. The name of the flight school where Atta and Alshehhi studied, Huffman Aviation, is also found in the car. [Los Angeles Times, 9/13/2001]
bullet A car registered to Nawaf Alhazmi is found at Washington’s Dulles Airport on September 12. This is the same car he bought in San Diego in early 2000 (see March 25, 2000). Inside is a copy of Atta’s letter to the other hijackers, a cashier’s check made out to a flight school in Phoenix, four drawings of the cockpit of a 757 jet, a box cutter-type knife, maps of Washington and New York, and a page with notes and phone numbers. [Arizona Daily Star, 9/28/2001; Cox News Service, 10/21/2001; Die Zeit (Hamburg), 10/1/2002] The name and phone number of Osama Awadallah, a friend of Alhazmi and Khalid Almihdhar in San Diego, is also found on a scrap of paper in the car (see September 12, 2001 and After). [CNN, 2/1/2002]
bullet A rental car is found in an airport parking lot in Portland, Maine. Investigators are able to collect fingerprints and hair samples for DNA analysis. [Portland Press Herald, 10/14/2001]
bullet A Boston hotel room contains airplane and train schedules. [Sydney Morning Herald, 9/15/2001]
bullet FBI agents carry out numerous garbage bags of evidence from a Florida apartment where Saeed Alghamdi lived. [CNN, 9/17/2001]
bullet Two days before 9/11, a hotel owner in Deerfield Beach, Florida, finds a box cutter left in a hotel room used by Marwan Alshehhi and two unidentified men. The owner checks the nearby trash and finds a duffel bag containing Boeing 757 manuals, three illustrated martial arts books, an 8-inch stack of East Coast flight maps, a three-ring binder full of handwritten notes, an English-German dictionary, an airplane fuel tester, and a protractor. The FBI seizes all the items when they are notified on September 12 (except the binder of notes, which the owner apparently threw away). [Miami Herald, 9/16/2001; Associated Press, 9/16/2001]
bullet In an apartment rented by Ziad Jarrah and Ahmed Alhaznawi, the FBI finds a notebook, videotape, and photocopies of their passports. [Miami Herald, 9/15/2001]
bullet In a bar the night before 9/11, after making predictions of a attack on America the next day, the hijackers leave a business card and a copy of the Koran at the bar. The FBI also recovers the credit card receipts from when they paid for their drinks and lap dances. [Associated Press, 9/14/2001]
bullet A September 13 security sweep of Boston airport’s parking garage uncovers items left behind by the hijackers: a box cutter, a pamphlet written in Arabic, and a credit card. [Washington Post, 9/16/2001]
bullet A few hours after the attacks, suicide notes that some of the hijackers wrote to their parents are found in New York. Credit card receipts showing that some of the hijackers paid for flight training in the US are also found. [Los Angeles Times, 9/13/2001]
bullet A FedEx bill is found in a trash can at the Comfort Inn in Portland, Maine, where Atta stayed the night before 9/11. The bill leads to Dubai, United Arab Emirates, allowing investigators to determine much of the funding for 9/11. [Newsweek, 11/11/2001; London Times, 12/1/2001]
bullet A bag hijackers Alhazmi and Almihdhar left at a mosque in Laurel, Maryland, is found on September 12. The bag contains flight logs and even receipts from flight schools from San Diego the year before (see September 9, 2001).
bullet On 9/11, in a Days Inn hotel room in Newark, New Jersey, investigators find used plane tickets for Saeed Alghamdi, Ahmed Alhaznawi, Ziad Jarrah, and Ahmed Alnami. The tickets are all from a Spirit Continental Airlines flight from Ft. Lauderdale, Florida, to Newark on September 7. Also, flight manuals for Boeing 757 and 767 airplanes are found in English and Arabic. [Investigative Services Division, FBI Headquarters, 4/19/2002]
The hijackers past whereabouts can even be tracked by their pizza purchases. An expert points out: “Most people pay cash for pizza. These [hijackers] paid with a credit card. That was an odd thing.” [San Diego Union-Tribune, 9/3/2002] “In the end, they left a curiously obvious trail—from martial arts manuals, maps, a Koran, Internet and credit card fingerprints. Maybe they were sloppy, maybe they did not care, maybe it was a gesture of contempt of a culture they considered weak and corrupt.” [Miami Herald, 9/22/2001] The New Yorker quotes a former high-level intelligence official as saying: “Whatever trail was left was left deliberately—for the FBI to chase” (see Late September 2001). [New Yorker, 10/8/2001]

Entity Tags: Huffman Aviation, Federal Bureau of Investigation, Washington Dulles International Airport, Marwan Alshehhi, Ahmed Alhaznawi, Ahmed Alnami, Mohamed Atta, Saeed Alghamdi, Osama Awadallah, Nawaf Alhazmi, Terry McDermott, Ziad Jarrah

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Shortly after the 9/11 attacks, the NSA expands surveillance operations, relying on its own authorities; some sources indicate this includes a massive domestic data mining and call tracking program, and some contend that it is illegal. In a 2006 public briefing, NSA Director Michael Hayden will say, “In the days after 9/11, NSA was using its authorities and its judgment to appropriately respond to the most catastrophic attack on the homeland in the history of the nation.” Following an October 1 briefing by Hayden to the House Intelligence Committee, Representative Nancy Pelosi (D-CA) will write to Hayden on October 11, saying, “[Y]ou indicated that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance” (see October 11, 2001). Some evidence indicates NSA domestic surveillance began even before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [Nancy Pelosi, 1/6/2006; Michael Hayden, 1/23/2006]
No Connection to Bush-Authorized Warrantless Domestic Call Monitoring - In his 2006 remarks, Hayden will clearly distinguish between the expansion he initiates under his own authorities, and the warrantless monitoring of calls with one end outside the US authorized later by President Bush (see October 4, 2001), saying, “[E]xcept that they involved NSA, these [Hayden-authorized] programs were not related… to the authorization that the president has recently spoken about.” [Michael Hayden, 1/23/2006]
'Stellar Wind' Is Name of Hayden-Authorized Program - In 2012 interviews, former NSA official William Binney will indicate that “Stellar Wind” is the name of the surveillance program initiated by Hayden. [Wired News, 2/15/2012; Democracy Now!, 4/20/2012] Some sources will refer to the Bush-authorized eavesdropping as being part of the Stellar Wind program. [Newsweek, 12/22/2008]
Differing Views on Authority for Surveillance - In his 2006 briefing, Hayden will say the Fourth Amendment only protects Americans against “unreasonable search and seizure,” and that 9/11 changed what was to be considered “reasonable.” Specifically, if communications are believed to have “[i]nherent foreign intelligence value,” interception of these communications is reasonable. In addition to referring to Hayden’s “view of [his] authorities” as “expansive,” Pelosi’s letter will give another indication that the NSA’s new standard is significantly broader than it was previously, stating, “You indicated that you were treating as a matter of first impression, [redacted] being of foreign intelligence interest.” Hayden will publicly clarify in 2006 that the authority for the NSA’s operational expansion exists under an Executive Order issued by President Reagan, saying, “These decisions were easily within my authorities as the director of NSA under and [sic] executive order; known as Executive Order 12333.” And, he will say, “I briefed the entire House Intelligence Committee on the 1st of October on what we had done under our previously existing authorities” (see October 1, 2001). In her October 11 letter, Pelosi will also write of having concerns about the program that haven’t been resolved due to restrictions on information-sharing with Congress imposed by Bush (see October 11, 2001). Binney, who pioneered the development of certain NSA data mining and surveillance technologies, will come to believe that what the NSA is doing is unconstitutional; he will first take his concerns to Congress (see Before October 31, 2001) and then resign on October 31 (see October 31, 2001). [Nancy Pelosi, 1/6/2006; Michael Hayden, 1/23/2006]
Surveillance Involves Domestic Communications - In his 2006 remarks, Hayden will not say the NSA is only targeting foreign communications under his post-9/11 authorization. Rather, the context of his remarks will indicate he is referring to domestic communications. More specifically, Hayden will state: “If the US person information isn’t relevant, the data is suppressed. It’s a technical term we use; we call it ‘minimized.’ The individual is not even mentioned. Or if he or she is, he or she is referred to as ‘US Person Number One’ or ‘US Person Number Two.’ Now, inherent intelligence value. If the US person is actually the named terrorist, well, that could be a different matter.” Hayden will also reveal that information is being passed to the FBI, an investigative agency with a primarily domestic jurisdiction, saying, “[A]s another part of our adjustment, we also turned on the spigot of NSA reporting to FBI in, frankly, an unprecedented way.” [Michael Hayden, 1/23/2006] One of Pelosi’s statements in her letter to Hayden may indicate an aspect of the domestic component: “You indicated that you were treating as a matter of first impression, [redacted] being of foreign intelligence interest,” she will write. [Nancy Pelosi, 1/6/2006] In a 2011 interview with Jane Mayer published in the New Yorker, Binney will say the NSA was obtaining “billing records on US citizens” and “putting pen registers [call logs] on everyone in the country.” [New Yorker, 5/23/2011] And in a 2012 Wired article, NSA expert James Bamford will write that Binney “explains that the agency could have installed its tapping gear at the nation’s cable landing stations—the more than two dozen sites on the periphery of the US where fiber-optic cables come ashore. If it had taken that route, the NSA would have been able to limit its eavesdropping to just international communications, which at the time was all that was allowed under US law. Instead it chose to put the wiretapping rooms at key junction points throughout the country—large, windowless buildings known as switches—thus gaining access to not just international communications but also to most of the domestic traffic flowing through the US.” Binney’s account is supported by other sources (see October 2001). [Wired News, 2/15/2012]
Surveillance Program Is Massive - Bamford, citing Binney, will write: “Stellar Wind… included not just eavesdropping on domestic phone calls but the inspection of domestic email. At the outset the program recorded 320 million calls a day, he says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts.” It is unclear exactly when this level of surveillance began. According to whistleblower AT&T employee Mark Klein, construction of secret rooms splitting communications traffic does not begin until Fall 2002 (see Fall 2002). Bamford will write that Binney says, “[T]he taps in the secret rooms dotting the country are actually powered by highly sophisticated software programs that conduct ‘deep packet inspection,’ examining Internet traffic as it passes through the 10-gigabit-per-second cables at the speed of light.” [Wired News, 2/15/2012] Also, Binney’s remark to Jane Mayer that the NSA was “putting pen registers on everyone in the country” indicates the broad scope of the program. [New Yorker, 5/23/2011]

Entity Tags: Religious Society of Friends (Quakers), US Department of Justice, National Security Agency, George W. Bush, Michael Hayden, Al-Qaeda, Foreign Intelligence Surveillance Court, House Intelligence Committee, Nancy Pelosi, Ronald Reagan

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

The US Congress adopts a joint resolution, the Authorization for Use of Military Force (AUMF), that determines that “the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” Congress also states that the “grave acts of violence” committed on the US “continue to pose an unusual and extraordinary threat to [its] national security and foreign policy.” [US Congress, 9/14/2001] President Bush signs the resolution into law on September 18. [White House, 9/18/2001] The passage of the AUMF served another purpose: to extend presidential power. While the Defense Department and the Joint Chiefs of Staff intended the AUMF to define the conflict in narrow terms, and authorize the US to move militarily against al-Qaeda and its confederates, and the Taliban, Vice President Dick Cheney and his chief of staff, David Addington, had a larger goal. Attorney Scott Horton, who has written two major studies on interrogation of terrorism suspects for the New York City Bar Association, says in 2005 that Cheney and Addington “really wanted [the AUMF defined more broadly], because it provided the trigger for this radical redefinition of presidential power.” Addington helped draft a Justice Department opinion in late 2001, written by lawyer John Yoo (see Late September 2001), that asserted Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response.” [US News and World Report, 5/21/2006]

Entity Tags: US Department of Defense, Taliban, Scott Horton, Joint Chiefs of Staff, Richard (“Dick”) Cheney, David S. Addington, George W. Bush, John C. Yoo, Al-Qaeda, Authorization to Use Military Force (AUMF)

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

A self-styled White House “war council” begins meeting shortly after the 9/11 attacks, to discuss the administration’s response to the attacks and the methods it will use (see (After 10:00 a.m.) September 11, 2001). The ad hoc group is composed of White House counsel Alberto Gonzales, Justice Department lawyer John Yoo, Pentagon chief counsel William J. Haynes, and the chief aide to Vice President Dick Cheney, David Addington. According to Jack Goldsmith, who will become head of the Justice Department’s Office of Legal Counsel (OLC) in 2003 (see October 6, 2003), the four believe that the administration’s biggest obstacle to responding properly to the 9/11 attacks is the body of domestic and international law that arose in the 1970s to constrain the president’s powers after the criminal excesses of Richard Nixon’s White House. Chief among these restraints is the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978). Though Addington tends to dominate the meetings with his imposing physical presence and aggressive personality, Yoo is particularly useful to the group; the head of the OLC, Jay Bybee (whom Goldsmith will replace) has little experience with national security issues, and delegates much of the responsibility for that subject to Yoo, even giving him the authority to draft opinions that are binding on the entire executive branch. Yoo agrees wholeheartedly with Addington, Gonzales, and Cheney about the need for vastly broadened presidential powers. According to Goldsmith, Yoo is seen as a “godsend” for the White House because he is eager to draft legal opinions that would protect Bush and his senior officials from any possible war crimes charges. However, Yoo’s direct access to Gonzales angers Attorney General John Ashcroft, who feels that the “war council” is usurping legal and policy decision-making powers that are legally his own. [New York Times Magazine, 9/9/2007] In 2009, Goldsmith will say, “[I]it was almost as if they [Cheney and Addington] were interested in expanding executive power for its own sake.” [Vanity Fair, 2/2009]

Entity Tags: Richard (“Dick”) Cheney, William J. Haynes, Richard M. Nixon, Office of Legal Counsel (DOJ), Jay S. Bybee, Jack Goldsmith, John C. Yoo, Bush administration (43), Foreign Intelligence Surveillance Act, Alberto R. Gonzales, David S. Addington

Timeline Tags: Civil Liberties

In a television interview, Vice President Cheney is asked how the US will respond to the 9/11 attacks. He first replies that there will be a military response. But he adds an oblique comment indicating the secrecy in which he and the administration intend to operate after the 9/11 attacks: “We also have to work, though, sort of the dark side, if you will. We’ve got to spend time in the shadows in the intelligence world. A lot of what needs to be done here will have to be done quietly, without any discussion, using sources and methods that are available to our intelligence agencies, if we’re going to be successful. That’s the world these folks operate in, and so it’s going to be vital for us to use any means at our disposal, basically, to achieve our objective.” [Meet the Press, 9/16/2001; Unger, 2007, pp. 221] In 2006, former CIA official Gary Schroen will be asked about Cheney’s comment, and he replies: “My impression at the time was that the administration was trying to send a message, and certainly CIA leadership was trying to send a message, that the gloves were off. I think what [Cheney] was probably saying was, we’re going to do things like assassination operations; we were going to go into places and not try to capture these guys, but just kill them, and that… there would be a lot of people who would object to those kind of tactics.” [PBS Frontline, 1/20/2006] In 2007, author and reporter Charlie Savage will write, “Many interpreted Cheney’s vague remarks to have been a reference to brutal interrogation techniques.” [Savage, 2007, pp. 154]

Entity Tags: Charlie Savage, Gary C. Schroen, Richard (“Dick”) Cheney

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

Police in Qatar arrest Ahmad Hikmat Shakir. US intelligence is very interested in Shakir, partly because he comes from Iraq and thus might be connected to the Iraqi government of Saddam Hussein, and partly because he was seen at the January 2000 al-Qaeda summit in Malaysia attended by at least two of the 9/11 hijackers (see January 5-8, 2000). A search of Shakir’s apartment in Qatar yields a “treasure trove” of information, including telephone records linking him to suspects in the 1993 World Trade Center bombing (see February 26, 1993) and the 1995 Bojinka plot (see January 6, 1995). Yet, according to a senior Arab intelligence official, when the Qataris ask the US if they want to take custody of him, the US says no. He goes Jordan on October 21 instead. (Accounts differ as to whether Qatar releases him and Jordan captures him or whether Qatar sends him there.) Newsweek implies that the US expects Jordan will torture Shakir and share what they learn. The US is not allowed to directly question him. Three months later, he is “inexplicably released by Jordanian authorities” and vanishes. He has not been caught since. [Newsweek, 12/5/2001; Newsweek, 9/30/2002]

Entity Tags: Saddam Hussein, Ahmad Hikmat Shakir, Jordan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Justice Department publishes an interim regulation allowing non-citizens suspected of terrorism to be detained without charge for 48 hours or “an additional reasonable period of time” in the event of an “emergency or other extraordinary circumstance.” [New York Times, 9/19/2001] The new rule is used to hold hundreds indefinitely until the Patriot Act passes in October (see October 26, 2001), providing more solid grounds to hold non-citizens without charge.

Entity Tags: US Department of Justice

Timeline Tags: Civil Liberties

On numerous occasions, key members of the Bush administration refer to 9/11 as an “opportunity.” [New Statesman, 12/16/2002]
bullet During a news conference on September 19, President Bush says: “[I]n terms of foreign policy and in terms of the world, this horrible tragedy has provided us with an interesting opportunity. One of the opportunities is in the Middle East.” He continues: “[T]his government, working with Congress, are going to seize the moment. Out of our tears, I said I see opportunity, and we will seek opportunity, positive developments from this horrible tragedy that has befallen our nation.” [White House, 9/19/2001]
bullet Secretary of Defense Donald Rumsfeld tells the New York Times: “[I]s it possible that what took place on September 11th… that maybe out of this tragedy comes opportunity? Maybe… the world will sufficiently register the danger that exists on the globe and have this event cause the kind of sense of urgency and offer the kind of opportunities that World War II offered, to refashion much of the world.” [New York Times, 10/12/2001]
bullet In March 2002, National Security Adviser Condoleezza Rice tells the New Yorker “that she had called together the senior staff people of the National Security Council and asked them to think seriously about ‘how do you capitalize on these opportunities’ to fundamentally change American doctrine, and the shape of the world, in the wake of September 11th.” [New Yorker, 4/1/2002] In a speech the following month, she says: “[I]f the collapse of the Soviet Union and 9/11 bookend a major shift in international politics, then this is a period not just of grave danger, but of enormous opportunity. Before the clay is dry again, America and our friends and our allies must move decisively to take advantage of these new opportunities. This is, then, a period akin to 1945 to 1947, when American leadership expanded the number of free and democratic states—Japan and Germany among the great powers—to create a new balance of power that favored freedom.” [White House, 4/29/2002]
bullet President Bush’s National Security Strategy, published in September 2002 (see September 20, 2002), states, “The events of September 11, 2001, fundamentally changed the context for relations between the United States and other main centers of global power, and opened vast, new opportunities.” [US President, 9/2002]
As early as the evening of 9/11 itself, Bush had referred to the political situation resulting from the attacks as a “great opportunity” (see (Between 9:30 p.m. and 10:00 p.m.) September 11, 2001). [Woodward, 2002, pp. 31-32]

Entity Tags: Donald Rumsfeld, George W. Bush, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A few weeks after the attacks, US investigators say the hijackers appeared to have spent about $500,000 while in the US. An official says, “This was not a low-budget operation. There is quite a bit of money coming in, and they are spending quite a bit of money.” [Washington Post, 9/29/2001; Guardian, 10/1/2001; Washington Post, 10/7/2001] In a detailed analysis published in the summer of 2002, the FBI will again report that the hijackers had access to a total of $500,000 to $600,000, of which $325,000 flowed through their SunTrust accounts. [New York Times, 7/10/2002; CNN, 7/10/2002 Sources: Dennis Lormel] The same figure is provided by John S. Pistole, FBI Assistant Director, Counterterrorism Division, when he testifies before the Senate Committee on Banking, Housing, and Urban Affairs. “[T]he 9/11 hijackers utilized slightly over $300,000 through formal banking channels to facilitate their time in the US. We assess they used another $200-300,000 in cash to pay for living expenses.” [9/11 Commission, 8/21/2004, pp. 133 pdf file] However, officials later back away from this figure and in August 2004 the 9/11 Commission says that the hijackers’ spending in the US was only “more than $270,000.” [9/11 Commission, 8/21/2004, pp. 143 pdf file] In addition, the number of bank accounts the hijackers are said to have opened varies. Shortly after the attacks, investigators believe they had about a dozen accounts at US banks. In July 2002, Dennis Lormel, chief of the FBI unit investigating the money behind the attacks, tells the New York Times they had 35 accounts, including 14 with the SunTrust Bank. [Washington Post, 10/7/2001; New York Times, 7/10/2002 Sources: Dennis Lormel] However, a year after the attacks, FBI Director Robert Mueller tells the 9/11 Congressional Inquiry, “In total, the hijackers opened 24 bank accounts at four different US banks.” [US Congress, 9/26/2002] Not only is Mueller’s assertion contradicted by Lormel’s previous statement, but it is also demonstrably false, as the hijackers had at least 25 US bank accounts with at least 6 different banks (SunTrust Bank, Hudson United Bank, Dime Savings Bank, First National Bank of Florida, Bank of America, and First Union National Bank) (see February 4, 2000, June 28-July 7, 2000, Early September 2000, May 1-July 18, 2001, and June 27-August 23, 2001). [US District Court for the Eastern District of Virginia; Alexandria Division, 7/31/2006, pp. 19 pdf file] The 9/11 Commission’s Report and its Terrorist Financing Monograph focus on some of the transfers made to the hijackers (see January 15, 2000-August 2001, June 13-September 25, 2000, June 29, 2000-September 18, 2000, and December 5, 2000), but ignore others (see June 2000-August 2001, May 2001, Early August-August 22, 2001, Summer 2001 and before, and Late August-Early September 2001). Neither the report nor the monograph gives the total number of bank accounts the hijackers opened. [9/11 Commission, 7/24/2004; 9/11 Commission, 8/21/2004 pdf file] In addition, the identities of the hijackers’ financiers reportedly change over time (see September 24, 2001-December 26, 2002).

Entity Tags: Counterterrorism Division (FBI), 9/11 Commission, Federal Bureau of Investigation, Robert S. Mueller III, 9/11 Congressional Inquiry, Dennis Lormel, John S. Pistole

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In a memo, responding to a request from Deputy White House Counsel Timothy E. Flanigan, Justice Department lawyer John C. Yoo provides legal advice on “the legality of the use of military force to prevent or deter terrorist activity inside the United States.” He addresses the question of how the Fourth Amendment to the US Constitution applies to the use of “deadly force” by the military “in a manner that endangered the lives of United States citizens.” The Fourth Amendment requires the government to have some objective suspicion of criminal activity before it can infringe on an individual’s liberties, such as the right to privacy or the freedom of movement. Yoo writes that in light of highly destructive terrorist attacks, “the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.” If the president determines the threat of terrorism high enough to deploy the military inside US territory, then, Yoo writes, “we think that the Fourth Amendment should be no more relevant than it would be in cases of invasion or insurrection.” [New York Times, 10/24/2004] A month later, the Justice Department will issue a similar memo (see October 23, 2001).

Entity Tags: John C. Yoo, Timothy E. Flanigan, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135]
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals (see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138]

Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Mustafa Ahmed Alhawsawi.Mustafa Ahmed Alhawsawi. [Source: FBI]In 2000, the 9/11 hijackers receive money from a man using “Mustafa Ahmed al-Hisawi” and other aliases. On September 8-11, 2001, the hijackers send money to a man in the United Arab Emirates who uses the aliases “Mustafa Ahmed,” “Mustafa Ahmad,” and “Ahamad Mustafa.” Soon the media begins reporting on who this 9/11 “paymaster” is, but his reported names and identities will continually change. The media has sometimes made the obvious connection that the paymaster is Saeed Sheikh—a British financial expert who studied at the London School of Economics, undisputedly sent hijacker Mohamed Atta money the month before the attacks, made frequent trips to Dubai (where the money is sent), and is known to have trained the hijackers. However, the FBI consistently deflects attention to other possible explanations, with a highly confusing series of names vaguely similar to Mustafa Ahmed or Saeed Sheikh:
bullet September 24, 2001: Newsweek reports that the paymaster for the 9/11 attacks is someone named “Mustafa Ahmed.” [Newsweek, 10/1/2001] This refers to Mustafa Mahmoud Said Ahmed, an Egyptian al-Qaeda banker who was captured in Tanzania in 1998 then later released. [Sydney Morning Herald, 9/28/2001; Newsday, 10/3/2001]
bullet October 1, 2001: The Guardian reports that the real name of “Mustafa Mohamed Ahmad” is “Sheikh Saeed.” [Guardian, 10/1/2001] A few days later, CNN confirms from a “senior-level US government source” that this “Sheik Syed” is the British man Ahmed Omar Saeed Sheikh rescued from an Indian prison in 1999. [CNN, 10/6/2001; CNN, 10/8/2001] However, starting on October 8, the story that ISI Director Lt. Gen. Mahmood Ahmed ordered Saeed to give Mohamed Atta $100,000 begins to break. References to the 9/11 paymaster being the British Saeed Sheikh (and the connections to the ISI Director) suddenly disappear from the Western media (with one exception [CNN, 10/28/2001] ).
bullet October 2001: Other articles continue to use “Mustafa Mohammed Ahmad” or “Shaykh Saiid” with no details of his identity, except for suggestions that he is Egyptian. There are numerous spelling variations and conflicting accounts over which name is the alias. There is an Egyptian al-Qaeda financier leader named Mustafa Abu al-Yazid who uses some variant of Saeed Sheikh as an alias. [Evening Standard, 10/1/2001; BBC, 10/1/2001; Newsday, 10/3/2001; Associated Press, 10/6/2001; Washington Post, 10/7/2001; Sunday Times (London), 10/7/2001; Knight Ridder, 10/9/2001; New York Times, 10/15/2001; Los Angeles Times, 10/20/2001]
bullet October 16, 2001: CNN reports that the 9/11 paymaster “Sheik Sayid” is mentioned in a May 2001 trial of al-Qaeda members. However, this turns out to be a Kenyan named Sheik Sayyid el Masry. [Day 7. United States of America v. Usama bin Laden, et al., 2/20/2001; United States of America v. Usama bin Laden, et al., Day 8, 2/21/2001; CNN, 10/16/2001]
bullet November 11, 2001: The identity of 9/11 paymaster “Mustafa Ahmed” is suddenly no longer Egyptian, but is now a Saudi named Sa’d Al-Sharif, who is said to be bin Laden’s brother-in-law. [United Nations, 3/8/2001; Newsweek, 11/11/2001; Associated Press, 12/18/2001]
bullet December 11, 2001: The federal indictment of Zacarias Moussaoui calls the 9/11 paymaster “Mustafa Ahmed al-Hawsawi a/k/a ‘Mustafa Ahmed,’” and gives him Sa’d’s nationality and birth date. [MSNBC, 12/11/2001] Many articles begin adding “al-Hawsawi” to the Mustafa Ahmed name. [Washington Post, 12/13/2001; Washington Post, 1/7/2002; Los Angeles Times, 1/20/2002]
bullet January 23, 2002: As new information is reported in India, the media returns to the British Saeed Sheikh as the 9/11 paymaster. [Los Angeles Times, 1/23/2002; Daily Telegraph, 1/24/2002; Independent, 1/24/2002; Daily Telegraph, 1/27/2002] While his role in the kidnapping of Daniel Pearl is revealed on February 6, many articles connect him to 9/11, but many more do not. Coverage of Saeed’s 9/11 connections generally dies out by the time of his trial in July 2002.
bullet June 4, 2002: Without explanation, the name “Shaikh Saiid al-Sharif” begins to be used for the 9/11 paymaster, presumably a combination of Saeed Sheikh and S’ad al-Sharif. [Associated Press, 6/5/2002; Independent, 9/15/2002; Associated Press, 9/26/2002; San Francisco Chronicle, 11/15/2002] Many of the old names continue to be used, however. [New York Times, 7/10/2002; Time, 8/4/2002; Los Angeles Times, 9/1/2002; Chicago Tribune, 9/5/2002; Knight Ridder, 9/8/2002; Knight Ridder, 9/9/2002; Washington Post, 9/11/2002; Los Angeles Times, 12/24/2002]
bullet June 18, 2002: FBI Director Mueller testifies that the money sent in 2000 is sent by someone named “Ali Abdul Aziz Ali” but the money in 2001 is sent by “Shaikh Saiid al-Sharif.” The 9/11 Commission will later identify Aziz Ali as Khalid Shaikh Mohammed’s nephew and agree with Mueller that he sent the money in 2000. [US Congress, 9/26/2002; 9/11 Commission, 7/24/2004, pp. 1]
bullet September 4, 2002: Newsweek says “Mustafa Ahmad Adin al-Husawi,” presumably Saudi, is a deputy to the Egyptian “Sayyid Shaikh Al-Sharif.” However, it adds he “remains almost a total mystery,” and they are unsure of his name. [Newsweek, 9/4/2002]
bullet December 26, 2002: US officials now say there is no such person as Shaikh Saiid al-Sharif. Instead, he is probably a composite of three different people: “[Mustafa Ahmed] Al-Hisawi, Shaikh Saiid al-Masri, al-Qaeda’s finance chief, and Saad al-Sharif, bin Laden’s brother-in-law and a midlevel al-Qaeda financier.” [Associated Press, 12/27/2002] Shaikh Saiid al-Masri is likely a reference the Kenyan Sheik Sayyid el Masry. Note that, now, al-Hisawi is the assistant to Shaikh Saiid, a flip from a few months before. Saiid and/or al-Hisawi still haven’t been added to the FBI’s official most wanted lists. [London Times, 12/1/2001; Federal Bureau of Investigation, 2002; Wall Street Journal, 6/17/2002] Despite the confusion, the FBI isn’t even seeking information about them. [Federal Bureau of Investigation, 2/14/2002] Mustafa Ahmed al-Hawsawi is said to be arrested with Khalid Shaikh Mohammed in Pakistan in 2003, but no photos of him are released, and witnesses of the supposed arrest did not see al-Hawsawi or Mohammed there (see February 29 or March 1, 2003). [Reuters, 3/3/2003] A few weeks later, it will be reported that “the man US intelligence officials suspected of being al-Qaeda’s financial mastermind, Sheik Said al-Masri, remains at large.” [Business Week, 3/17/2003]

Entity Tags: Federal Bureau of Investigation, Khalid Shaikh Mohammed, Daniel Pearl, Mohamed Atta, Al-Qaeda, Ali Abdul Aziz Ali, Khalid el-Masri, Ahamad Mustafa, Mustafa, Mahmood Ahmed, Mustafa Ahmed al-Hawsawi, Sayyid Shaikh Al-Sharif, Mustafa Abu al-Yazid, Mustafa Ahmad Adin al-Husawi, Sa’d Al-Sharif, Saeed Sheikh, Mustafa Ahmed al-Hisawi, Osama bin Laden, Robert S. Mueller III

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

John Yoo, a deputy assistant attorney general in the Department of Justice (DOJ) Office of Legal Counsel (OLC), issues a legal opinion that says the US can conduct electronic surveillance against its citizens without probable cause or warrants. According to the memo, the opinion was drafted in response to questions about whether it would be constitutional to amend the Foreign Intelligence Surveillance Act (FISA) to state that searches may be approved when foreign intelligence collection is “a purpose” of the search, rather than “the purpose.” Yoo finds this would be constitutional, but goes further. He asserts that FISA is potentially in conflict with the Constitution, stating, “FISA itself is not required by the Constitution, nor is it necessarily the case that its current standards match exactly to Fourth Amendment standards.” Citing Vernonia School Dist. 47J v. Acton, in which the Supreme Court found that warrantless searches of students were permissible, Yoo argues that “reasonableness” and “special needs” are also the standards according to which warrantless monitoring of the private communications of US persons is permissible. According to Yoo, the Fourth Amendment requirement for probable cause and warrants prior to conducting a search pertain primarily to criminal investigations, and in any case cannot be construed to restrict presidential responsibility and authority concerning national security. Yoo further argues that in the context of the post-9/11 world, with the threat posed by terrorism and the military nature of the fight against terrorism, warrantless monitoring of communications is reasonable. Some information indicates the NSA began a broad program involving domestic surveillance prior to the 9/11 attacks, which contradicts the claim that the program began after, and in response to, the attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [US Department of Justice, 9/25/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Inspectors General, 7/10/2009]
Yoo Memo Used to Support Legality of Warrantless Surveillance - Yoo’s memo will be cited to justify the legality of the warrantless domestic surveillance program authorized by President Bush in October 2001 (see October 4, 2001). NSA Director General Michael Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general.” The various post-9/11 NSA surveillance activities authorized by Bush will come to be referred to as the President’s Surveillance Program (PSP), and the first memo directly supporting the program’s legality will be issued by Yoo on November 2, 2001, after the program has been initiated (see November 2, 2001). Many constitutional authorities will reject Yoo’s legal rationale. [Michael Hayden, 1/23/2006]
Yoo Memo Kept Secret from Bush Officials Who Might Object - According to a report by Barton Gellman and Jo Becker in the Washington Post, the memo’s “authors kept it secret from officials who were likely to object,” including ranking White House national security counsel John Bellinger, who reports to National Security Adviser Condoleezza Rice. Bellinger’s deputy, Bryan Cunningham, will tell the Post that Bellinger would have recommended having the program vetted by the Foreign Intelligence Surveillance Court, which oversees surveillance under FISA. Gellman and Becker quote a “senior government lawyer” as saying that Vice President Dick Cheney’s attorney, David Addington, had “open contempt” for Bellinger, and write that “more than once he accused Bellinger, to his face, of selling out presidential authority for good ‘public relations’ or bureaucratic consensus.” [Washington Post, 6/24/2007]

Entity Tags: US Department of Justice, John Bellinger, National Security Agency, Bryan Cunningham, Condoleezza Rice, David S. Addington, Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, Office of Legal Counsel (DOJ), John C. Yoo, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Mohamed Abdi, a 44-year-old Somali immigrant whose phone number was found in a car belonging to one the 9/11 hijackers, is detained without bail in Alexandria, Va. On September 12, 2001, FBI investigators discovered a car registered to 9/11 hijacker Nawaf Alhazmi at Dulles Airport (see September 11-13, 2001). In the car, they found a Washington-area map with the name “Mohumad” and a Virginia phone number belonging to Mohamed Abdi. At the court hearing, an FBI investigator says that Abdi has not explained the finding and is suspected of being linked to the hijackers. FBI Special Agent Kevin W. Ashby also testifies that an article on Ahmed Ressam was found in Abdi’s clothing. Ressam was convicted of trying to bomb Los Angeles Airport in 2000 (see December 14, 1999). According to press reports, Abdi is not cooperating with police. He came to the United States in 1993 as a refugee. He later brought his wife and four children to the US and obtained US citizenship. Shortly after his arrival, Abdi worked for Caterair, a food service company at Reagan National Airport. At the time of his arrest, Abdi had been working as a low-paid security guard for Burns Security for seven years. Burns does not provide airport security services, however, a Burns subsidiary called Globe Aviation Services provides screening services at several US airports, including the American Airlines concourse at Boston’s Logan Airport, from which one of the hijacked flights took off (see October 10, 2001). Abdi, who has had financial difficulties for some time, is charged with check forgery. He is accused of forging his landlord’s signature to obtain a government housing subsidy. No terrorism charges are filed. [US District Court Eastern District of Virginia, 9/23/2001 pdf file; Washington Post, 9/27/2001 pdf file; Human Events, 10/15/2001; Human Events, 10/15/2001] In January 2002, Abdi will receive a four-month sentence for forgery. Any link he may have had with the hijackers will remain unclear. [Washington Post, 1/12/2002]

Entity Tags: Washington Dulles International Airport, Ronald Reagan Washington National Airport, Nawaf Alhazmi, Logan International Airport, Mohamed Abdi, Globe Aviation Services Corp., Federal Bureau of Investigation, Burns Security

Timeline Tags: Complete 911 Timeline

Bradford Berenson.Bradford Berenson. [Source: PBS]In the weeks following 9/11, government lawyers begin to formulate a legal response to the newly perceived threat of terrorism. Four related issues are at hand: forceful prevention, detention, prosecution, and interrogation. What degree of force can the government employ to prevent acts of terrorism or apprehend suspected terrorists? How and where can it best detain terrorists if captured? How can it best bring them to trial? And how can it best obtain information from them on terrorist organizations and plots? These questions are handled in a new atmosphere that is more tolerant towards flexible interpretations of the law. Bradford Berenson, an associate White House counsel at this time, later recalls: “Legally, the watchword became ‘forward-leaning’ by which everybody meant: ‘We want to be aggressive. We want to take risks.’” [New York Times, 10/24/2004] This attitude is seemingly in line with the president’s thinking. Counterterrorism “tsar” Richard Clarke will later recall President Bush saying, “I don’t care what the international lawyers say. We are going to kick some ass” (see (9:00 p.m.-10:00 p.m.) September 11, 2001). [Clarke, 2004, pp. 23-24] At the center of legal reconstruction work are Alberto R. Gonzales, the White House counsel, his deputy Timothy E. Flanigan, and David S. Addington, legal counsel to Vice President Cheney. [New York Times, 12/19/2004] They will find a helpful hand in the Justice Department’s Office of Legal Counsel (OLC), most notably its head, Assistant Attorney General Jay S. Bybee [Los Angeles Times, 6/10/2004] and his deputies John C. Yoo [New York Times, 8/15/2004] and Patrick F. Philbin. Most of the top government lawyers dwell in fairly conservative circles, with many being a member of the Federalist Society, a conservative legal fraternity. Some have clerked for conservative Supreme Court Justices Antonin Scalia and Clarence Thomas, whose ruling effectively lead to the presidency being awarded to George W. Bush after the 2000 presidential election. [New York Times, 10/24/2004] Others worked for Judge Lawrence H. Silberman, who set up secret contacts with the Iranian government under President Reagan leading to the Iran-Contra scandal, and who advised on pursuing allegations of sexual misconduct by President Clinton. [Inter Press Service, 2/6/2004]

Entity Tags: Patrick F. Philbin, Richard A. Clarke, John C. Yoo, Joan Claybrook, Alberto R. Gonzales, Bradford Berenson, Jay S. Bybee, Alan M. Dershowitz, Rena Steinzor

Timeline Tags: Torture of US Captives, Civil Liberties

Former AT&T employee Mark Klein.Former AT&T employee Mark Klein. [Source: PBS]The National Security Agency, as part of its huge, covert, and possibly illegal wiretapping program directed at US citizens (see Spring 2001 and After September 11, 2001), begins collecting telephone records of tens of millions of Americans, using data provided by telecommunications firms such as AT&T, Verizon, and BellSouth (see February 5, 2006). The media will not report on this database until May 2006 (see May 11, 2006). The program collects information on US citizens not suspected of any crime or any terrorist connections. Although informed sources say the NSA is not listening to or recording actual conversations, the agency is using the data to analyze calling patterns in an effort to detect terrorist activity. “It’s the largest database ever assembled in the world,” says one anonymous source. The NSA intends “to create a database of every call ever made.” As a result, the NSA has detailed records of the phone activities of tens of millions of US citizens, from local calls to family and friends to international calls. The three telecommunications companies are working with the NSA in part under the Communications Assistance Act for Law Enforcement (CALEA) (see January 1, 1995 and June 13, 2006) and in part under contract to the agency.
Surveillance Much More Extensive Than Acknowledged - The wiretapping program, which features electronic surveillance of US citizens without court warrants or judicial oversight, is far more extensive than anything the White House or the NSA has ever publicly acknowledged. President Bush will repeatedly insist that the NSA focuses exclusively on monitoring international calls where one of the call participants is a known terrorist suspect or has a connection to terrorist groups (see December 17, 2005 and May 11, 2006), and he and other officials always insist that domestic calls are not monitored. This will be proven false. The NSA has become expert at “data mining,” sifting through reams of information in search of patterns. The warrantless wiretapping database is one source of information for the NSA’s data mining. As long as the NSA does not collect “personal identifiers”—names, Social Security numbers, street addresses, and the like—such data mining is legal. But the actual efficacy of the wiretapping program in learning about terrorists and possibly preventing terrorist attacks is unclear at best. And many wonder if the NSA is not repeating its activities from the 1950s and 1960s, when it conducted “Operation Shamrock” (see 1945-1975), a 20-year program of warrantless wiretaps of international phone calls at the behest of the CIA and other intelligence agencies. Operation Shamrock, among other things, led to the 1978 passage of the Foreign Intelligence Surveillance Act (see 1978). [USA Today, 5/11/2006] In May 2006, former NSA director Bobby Ray Inman will say, “[T]his activity is not authorized” (see May 12, 2006). [Democracy Now!, 5/12/2006]
Secret Data Mining Center - In May 2006, retired AT&T technician Mark Klein, a 22-year veteran of the firm, will file a court affidavit saying that he saw the firm construct a secret data-mining center in its San Francisco switching center that would let the NSA monitor domestic and international communications (see January 2003). And former AT&T workers say that, as early as 2002, AT&T has maintained a secret area in its Bridgeton, Missouri, facility that is likely being used for NSA surveillance (see Late 2002-Early 2003).
Domestic Surveillance Possibly Began Before 9/11 - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, Verizon Communications, Mark Klein, George W. Bush, AT&T, BellSouth, Central Intelligence Agency, Communications Assistance for Law Enforcement Act (CALEA), Foreign Intelligence Surveillance Act, Qwest, National Security Agency

Timeline Tags: Civil Liberties

Sen. Russell Feingold will ultimately be the only senator to vote against the Patriot Act.
Sen. Russell Feingold will ultimately be the only senator to vote against the Patriot Act. [Source: Publicity photo]The “anti-terrorism” Patriot Act is introduced in Congress. The act is technically known as The USA PATRIOT Act, which stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.” [US Congress, 10/2/2001] The legislation was ready four days after the 9/11 attacks, in what Attorney General John Ashcroft called a “full-blown legislative proposal” ready to submit to Congress. The proposal is actually a revamping and enlargement of the Clinton-era antiterrorism legislation first proposed after the Oklahoma City terrorist bombing (see April 25, 1996). [Roberts, 2008, pp. 36]

Entity Tags: US Congress, USA Patriot Act, John Ashcroft

Timeline Tags: Civil Liberties

The Justice Department’s John Yoo, an official in the Office of Legal Counsel (OLC), issues a secret opinion regarding legal statutes governing the use of certain interrogation techniques. The opinion will not be made public; its existence will not be revealed until October 18, 2007, when future OLC head Steven Bradbury will note its existence as part of an American Civil Liberties Union (ACLU) lawsuit. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. [Source: Reuters and Associated Press] (click image to enlarge)Two waves of letters containing anthrax are received by media outlets including NBC and the New York Post (see September 17-18, 2001), and Democratic senators Tom Daschle and Patrick Leahy (see October 6-9, 2001). The letters sent to the senators both contain the words “Death to America, Death to Israel, Allah is Great.” Five people die:
bullet October 5: Robert Stevens, 63, an employee at the Sun, a tabloid based in Florida.
bullet October 21: Thomas Morris Jr., 55, a postal worker in Washington, DC.
bullet October 22: Joseph Curseen Jr., 47, a postal worker in Washington, DC.
bullet October 31: Kathy Nguyen, 61, a hospital employee in New York City.
bullet November 21: Ottilie Lundgren, 94, of Oxford, Connecticut.
At least 22 more people get sick but survive. Thirty-one others test positive for exposure. As a result of these deaths and injuries, panic sweeps the nation. On October 16, the Senate office buildings are shut down, followed by the House of Representatives, after 28 congressional staffers test positive for exposure to anthrax (see October 16-17, 2001). A number of hoax letters containing harmless powder turn up, spreading the panic further. [South Florida Sun-Sentinel, 12/8/2001; Associated Press, 8/7/2008] Initially it is suspected that either al-Qaeda or Iraq are behind the anthrax letters (see October 14, 2001, October 15, 2001, October 17, 2001, and October 18, 2001). [Observer, 10/14/2001; BBC, 10/16/2001] However, by November, further investigation leads the US government to conclude that, “everything seems to lean toward a domestic source.… Nothing seems to fit with an overseas terrorist type operation (see November 10, 2001).” [Washington Post, 10/27/2001; St. Petersburg Times, 11/10/2001]

Entity Tags: Iraq, Federal Bureau of Investigation, Patrick J. Leahy, Tom Daschle, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

The message of the anthrax letter addressed to Tom Daschle.The message of the anthrax letter addressed to Tom Daschle. [Source: FBI]On October 9, two letters containing deadly anthrax spores are postmarked. One letter is sent to Senator Tom Daschle (D-SD) and the other is sent to Senator Patrick Leahy (D-VT). The letters are sent from a mailbox in Trenton, New Jersey. They could be sent any time after 5 p.m. on October 6 (the last pick up on the day, a Saturday), and before 5 p.m. on October 9. (There is no pickup on October 7, a Sunday, and October 8 is Columbus Day.) The letter to Daschle is opened by one of his staffers on October 15 (see October 15, 2001). It contains the message:
bullet 09-11-01
bullet YOU CAN NOT STOP US.
bullet WE HAVE THIS ANTHRAX.
bullet YOU DIE NOW.
bullet ARE YOU AFRAID?
bullet DEATH TO AMERICA.
bullet DEATH TO ISRAEL.
bullet ALLAH IS GREAT.
The writing is the same slanted, block style used in the earlier wave of anthrax letters (see September 17-18, 2001), and the content of the message is very similar. The letter to Leahy is mis-routed and not discovered until mid-November (see October 15, 2001). It contains the exact same message. Unlike the earlier wave of letters, both of these letters contain return addresses, but to bogus addresses in other New Jersey towns. The anthrax in the letters is also deadlier than the anthrax in the earlier letters. [Vanity Fair, 9/15/2003]

Entity Tags: Patrick J. Leahy, Tom Daschle

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

President Bush sends a letter to Congress informing legislators that he has ordered US armed forces into combat against the Taliban (see October 7, 2001). Bush does not rely on Congress’s Authorization for Use of Military Force (AUMF—see September 14-18, 2001), but instead asserts his unilateral authority as president to take the country into war. “I have taken these actions pursuant to my constitutional authority to conduct US foreign relations as commander in chief and chief executive,” he writes (see 1787). His letter goes on to express his appreciation to Congress for its “support” in his decision to begin a war against a foreign entity. [Savage, 2007, pp. 127-128]

Entity Tags: Taliban, George W. Bush

Timeline Tags: Civil Liberties

Bensayah Belkacem at Guantanamo.Bensayah Belkacem at Guantanamo. [Source: US Defense Department]US intelligence intercepts numerous phone calls between Abu Zubaida and other al-Qaeda leaders and Bensayah Belkacem, an operative living in Bosnia. The New York Times will later report that shortly after 9/11, “American intelligence agencies, working closely with the government of neighboring Croatia, listened in as Mr. Belkacem and others discussed plans for attacks.” One US official says, “He was apparently on the phone constantly to Afghanistan, with Zubaida and others. There were dozens of calls to Afghanistan.” Belkacem, an Algerian, had moved to Bosnia to fight in the early 1990s war there, then obtained Bosnian citizenship and settled in Zenica, working for an Islamic charity. [New York Times, 1/23/2002] On October 8, 2001, Bosnian police detain Belkacem. While searching his home, they find a piece of note listing the name “Abu Zubeida” and Zubaida’s phone number. [Washington Post, 8/21/2006] It is later revealed that Belkacem made 70 calls to Zubaida between 9/11 and his arrest and more calls before then. He had repeatedly sought a visa to leave Bosnia for Germany just before 9/11. Phone transcripts show Zubaida and Belkacem discussed procuring passports. [Time, 11/12/2001] A US official will later claim that it was believed Zubaida was in Afghanistan with bin Laden at the time of Belkacem’s arrest. [New York Times, 1/23/2002] It has not been explained why this knowledge was not used to capture or kill Zubaida and/or bin Laden. It appears that Western intelligence agencies had been monitoring Zubaida’s calls as far back as 1996 (see (Mid-1996) and October 1998 and After). Belkacem and five of his associates will be renditioned to Guantanamo Bay prison in 2002 and remain imprisoned there (see January 18, 2002).

Entity Tags: Abu Zubaida, Bensayah Belkacem, US intelligence

Timeline Tags: Complete 911 Timeline

On October 9, 2001, Senator Russ Feingold (D-WI) blocks an attempt to rush the Patriot Act to a vote with little debate and no opportunity for amendments. He criticizes the bill as a threat to civil liberties. [Associated Press, 10/10/2001] One day earlier, in the story “Cracks in Bipartisanship Start to Show,” the Washington Post reported, “Congress has lost some of the shock-induced unity with which it first responded to the [9/11] attacks.” [Washington Post, 10/8/2001] Also on October 9, identical anthrax letters are postmarked in Trenton, New Jersey, with lethal doses to Senators Tom Daschle and Patrick Leahy. Inside both letters are the words, “Death to America, Death to Israel, Allah is Great” (see October 15, 2001). [Associated Press, 8/7/2008]

Entity Tags: Russell D. Feingold, USA Patriot Act

Timeline Tags: Civil Liberties, 2001 Anthrax Attacks

The FBI releases a list of its 22 most wanted terrorists. The US government offers up to $5 million for information leading to the capture of anyone of the list. The men are:
bullet Al-Qaeda leaders Osama bin Laden, who was indicted by a grand jury in 1998 (see June 8, 1998), Ayman al-Zawahiri, linked to a 1995 bombing in Pakistan (see November 19, 1995), and Mohammed Atef, who provided training to Somali fighters before the Black Hawk Down incident (see Late 1992-October 1993);
bullet Khalid Shaikh Mohammed (KSM), for his role in the 1995 Bojinka plot (see January 6, 1995). KSM is actually the mastermind of 9/11, although the US intelligence community has allegedly not yet pieced this information together (see (November 7, 2001));
bullet Several other operatives suspected of involvement in the 1998 US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998): Fazul Abdullah Mohammed (see August 2, 2008), Mustafa Fadhil, Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam (see August 6-7, 1998)), Ahmed Khalfan Ghailani (see July 25-29, 2004), Sheikh Ahmed Salim Swedan (see July 11, 2002), Abdullah Ahmed Abdullah (see September 10, 2002), Anas al-Liby (see January 20, 2002- March 20, 2002), Saif al-Adel (see Spring 2002), Ahmed Mohammed Hamed Ali, and Mushin Musa Matwalli Atwah (see April 12, 2006);
bullet Abdul Rahman Yasin, a US-Iraqi involved in the 1993 World Trade Center bombing (see March 4-5,1993);
bullet Ahmed Ibrahim Al-Mughassil, Ali Saed Bin Ali El-Houri, Ibrahim Salih Mohammed Al-Yacoub, and Abdelkarim Hussein Mohamed Al-Nasser, for their alleged part in the 1996 Khobar Towers bombing in Saudi Arabia (see June 25, 1996);
bullet Imad Mugniyah, Hassan Izz-Al-Din, and Ali Atwa for the hijacking of TWA Flight 847 in June 1985. [CNN, 10/10/2001]

Entity Tags: Mohammed Atef, Mushin Musa Matwalli Atwah, Mustafa Fadhil, Osama bin Laden, Saif al-Adel, Khalid Shaikh Mohammed, Usama al-Kini, Sheikh Ahmed Salim Swedan, Imad Mugniyah, Mohammed Hamed Ali, Hassan Izz-Al-Din, Abdullah Ahmed Abdullah, Abdul Rahman Yasin, Abdelkarim Hussein Mohamed Al-Nasser, Ahmed Ibrahim Al-Mughassil, Ahmed Khalfan Ghailani, Ibrahim Salih Mohammed Al-Yacoub, Ali Saed Bin Ali El-Houri, Fazul Abdullah Mohammed, Federal Bureau of Investigation, Ali Atwa, Ayman al-Zawahiri, Anas al-Liby

Timeline Tags: Complete 911 Timeline

Nancy Pelosi.Nancy Pelosi. [Source: US Congress]House Minority Leader Nancy Pelosi (D-CA) writes to NSA Director Michael Hayden questioning the nature and extent of the apparently illegal warrantless wiretapping of US citizens by the agency. Pelosi and other members of the House Intelligence Committee were briefed on October 1, 2001, by Hayden, whose agency began conducting surveillance against US citizens after the 9/11 attacks (see After September 11, 2001). Pelosi will release the letter on January 6, 2006, three weeks after the New York Times revealed that the NSA had been conducting electronic surveillance of US citizens without warrants since at least 2002 (see December 15, 2005.) Pelosi’s office will also release Hayden’s response, but almost the entire letter from Hayden is redacted.
Letter to Hayden - Pelosi writes in part, “[Y]ou indicated [in the briefing] that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance under the Foreign Intelligence Surveillance Act and related statutes, orders, regulations, and guidelines.… For several reasons, including what I consider to be an overly broad interpretation of President Bush’s directive of October 5 on sharing with Congress ‘classified or sensitive law enforcement information’ it has not been possible to get answers to my questions. Without those answers, the concerns I have about what you said on the First can not be resolved, and I wanted to bring them to your attention directly. You indicated that you were treating as a matter of first impression, [redacted ] being of foreign intelligence interest. As a result, you were forwarding the intercepts, and any information [redacted ] without first receiving a request for that identifying information to the Federal Bureau of Investigation. Although I may be persuaded by the strength of your analysis [redacted ] I believe you have a much more difficult case to make [redacted ] Therefore, I am concerned whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting. Until I understand better the legal analysis regarding the sufficiency of the authority which underlies your decision on the appropriate way to proceed on this matter, I will continue to be concerned.” The only portion of Hayden’s October 18 reply regarding Pelosi’s concerns that has not been redacted reads, “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” In January 2006, an NSA official will say that Pelosi’s concerns were adequately addressed in Hayden’s reply, and in a private briefing shortly thereafter. [Washington Post, 1/4/2006; Nancy Pelosi, 1/6/2006]
Pelosi Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Pelosi is apparently unaware of any of this.

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi

Timeline Tags: Civil Liberties

Muslim World League logo.
Muslim World League logo. [Source: Muslim World League]The International Islamic Relief Organization (IIRO) and the Muslim World League (MWL) are Saudi charities directly financed by the Saudi government. In 1996, the CIA gave the State Department a report detailing evidence that the IIIRO supported terrorism. It claimed the IIRO has funded Hamas and six militant training camps in Afghanistan, and one funder of the Bojinka plot to blow up airplanes over the Pacific was the head of the IIRO office in the Philippines (see January 1996). US intelligence officials also believe that MWL employees were involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Harper’s magazine claims that it has long been known that both groups helped fund al-Qaeda. However, in October 2001, it is reported that the Bush administration has left the two organizations off an October 12, 2001 list of designated terrorist groups to spare the Saudi government from embarrassment (see October 12, 2001). In March 2002, the Virginia offices of the IIRO and MWL will be raided by US Customs agents (see March 20, 2002). [Harper's, 3/2004] In September 2003, it will be reported that US officials recently gave Saudi officials a detailed documenting the IIRO’s terrorism links and asked the Saudis to close all of the organization’s overseas offices. [New York Times, 9/26/2003] However, as of January 2006, it will be reported that it appears the overseas offices of the IIRO and MWL are still open and the US has not officially declared either group to be terrorist sponsors. The US will still be complaining to the Saudis about these two organizations and others, and the Saudis will still not do anything about them (see January 15, 2006).

Entity Tags: International Islamic Relief Organization, Bush administration (43), Saudi Arabia, Muslim World League

Timeline Tags: Complete 911 Timeline

The envelope to the Tom Daschle letter.The envelope to the Tom Daschle letter. [Source: FBI]Two Democratic senators are targets of the 2001 anthrax attacks (see October 5-November 21, 2001). On this day, Senator Tom Daschle’s office opens a letter mailed October 9, containing a lethal dose of anthrax (see October 6-9, 2001). A similar letter to Senator Patrick Leahy mailed the same day and from the same location is misrouted to Virginia on October 12, and is not discovered until November 17. Neither Leahy nor Daschle come into contact with the anthrax, but some of Daschle’s staffers do. [South Florida Sun-Sentinel, 12/8/2001]

Entity Tags: P. Patrick Leahy, Tom Daschle

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

NSA Director Michael Hayden responds to an October 11 letter from Representative Nancy Pelosi (see October 11, 2001), expressing concerns about the NSA’s post-9/11 surveillance expansion (see After September 11, 2001) that Hayden outlined for the House Intelligence Committee on October 1 (see October 1, 2001), and asking whether the president authorized it. The substance of Hayden’s October 18 reply will be redacted, except for this statement: “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” [Nancy Pelosi, 1/6/2006] A January 4, 2006 report in the Washington Post will cite “intelligence official close to Hayden” as saying that “[Hayden’s] appearance on Oct. 1, 2001, before the House committee had been to discuss Executive Order 12333, and not the new NSA program,” and that “Pelosi’s concerns had been answered in writing and again several weeks later during a private briefing.” [Washington Post, 1/4/2006] In a January 23, 2006 public briefing, Hayden will say, “September 2001, I asked to update the Congress on what NSA had been doing, and I briefed the entire House Intelligence Committee on the 1st of October on what we had done under our previously existing authorities,” and, “These decisions were easily within my authorities as the director of NSA under and [sic] executive order; known as Executive Order 12333.” [Michael Hayden, 1/23/2006]
Nature of Hayden's EO 12333 Surveillance Program - The full scope of Hayden’s surveillance program is unclear, but some sources indicate it includes the wholesale collection and data-mining of phone records provided by telecom companies and placement of pen registers (call trackers) on domestic phone numbers (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, October 2001), and October 31, 2001). Some sources indicate the NSA began large-scale domestic surveillance activities prior to the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi, National Security Agency

Timeline Tags: Civil Liberties

John Yoo, a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, and OLC special counsel Robert Delahunty issue a joint memo to White House counsel Alberto Gonzales. The memo claims that President Bush has sweeping extraconstitutional powers to order military strikes inside the US if he says the strikes are against suspected terrorist targets. In the days following the 9/11 attacks, Gonzales asked if Bush could legally order the military to combat potential terrorist activity within the US. The memo is first revealed to exist seven years later (see April 2, 2008) after future OLC head Steven Bradbury acknowledges its existence to the American Civil Liberties Union; it will be released two months after the Bush administration leaves the White House (see March 2, 2009). [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]
Granting Extraordinary, Extraconstitutional Authority to Order Military Actions inside US - Yoo and Delahunty’s memo goes far past the stationing of troops to keep watch at airports and around sensitive locations. Instead, the memo says that Bush can order the military to conduct “raids on terrorist cells” inside the US, and even to seize property. “The law has recognized that force (including deadly force) may be legitimately used in self-defense,” they write. In 2009, Reuters will write, “The US military could have kicked in doors to raid a suspected terrorist cell in the United States without a warrant” under the findings of the OLC memo. “We do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant,” Yoo and Delahunty write. [US Department of Justice, 10/23/2001 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009] The memo reasons that since 9/11, US soil can be legally construed as being a battlefield, and Congress has no power to restrict the president’s authority to confront enemy tactics on a battlefield. [Savage, 2007, pp. 131]
No Constitutional or Other Legal Protections - “[H]owever well suited the warrant and probable cause requirements may be as applied to criminal investigations or to other law enforcement activities, they are unsuited to the demands of wartime and the military necessity to successfully prosecute a war against an enemy. [Rather,] the Fourth Amendment does not apply to domestic military operations designed to deter and prevent foreign terrorist attacks.” Any objections based on the Fourth Amendment’s ban on unreasonable search and seizures would be invalid since whatever possible infringement on privacy would be trumped by the need to protect the nation from injury by deadly force. The president is “free from the constraints of the Fourth Amendment.” The Posse Comitatus Act, which bars the military from operating inside the US for law enforcement purposes, is also moot, the memo says, because the troops would be acting in a national security function, not as law enforcement. [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009; Ars Technica, 3/2/2009] There are virtually no restrictions on the president’s ability to use the military because, Yoo and Delahunty write, the nation is in a “state of armed conflict.” The scale of violence, they argue, is unprecedented and “legal and constitutional rules” governing law enforcement, even Constitutional restrictions, no longer apply. The US military can be used for “targeting and destroying” hijacked airplanes, they write, or “attacking civilian targets, such as apartment buildings, offices, or ships where suspected terrorists were thought to be.” The memo says, “Military action might encompass making arrests, seizing documents or other property, searching persons or places or keeping them under surveillance, intercepting electronic or wireless communications, setting up roadblocks, interviewing witnesses, or searching for suspects.” [Newsweek, 3/2/2009] Yoo writes that the Justice Department’s criminal division “concurs in our conclusion” that federal criminal laws do not apply to the military during wartime. The criminal division is headed by Michael Chertoff, who will become head of the Department of Homeland Security. [Washington Post, 4/4/2008]
Sweeping Away Constitutional Rights - Civil litigator Glenn Greenwald will later note that the memo gives legal authorization for President Bush to deploy the US military within US borders, to turn it against foreign nationals and US citizens alike, and to render the Constitution’s limits on power irrelevant and non-functional. Greenwald will write, “It was nothing less than an explicit decree that, when it comes to presidential power, the Bill of Rights was suspended, even on US soil and as applied to US citizens.”
Justifying Military Surveillance - Greenwald will note that the memo also justifies the administration’s program of military surveillance against US citizens: “[I]t wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls ‘domestic military operations’ was, among other things, the basis on which Bush ordered the NSA, an arm of the US military, to turn inwards and begin spying—in secret and with no oversight—on the electronic communications (telephone calls and emails) of US citizens on US soil” (see December 15, 2005 and Spring 2004). “If this isn’t the unadorned face of warped authoritarian extremism,” Greenwald will ask, “what is?” [Salon, 3/3/2009] If the president decides to use the military’s spy agency to collect “battlefield intelligence” on US soil, no law enacted by Congress can regulate how he goes about collecting that information, including requiring him to get judicial warrants under the Foreign Intelligence Surveillance Act (FISA). In 2007, Yoo will say in an interview: “I think there’s a law greater than FISA, which is the Constitution, and part of the Constitution is the president’s commander in chief power. Congress can’t take away the president’s powers in running war.” [Savage, 2007, pp. 131; PBS Frontline, 5/15/2007] Cheney and Addington will push the NSA to monitor all calls and e-mails, including those beginning and ending on US soil, but the NSA will balk. Domestic eavesdropping without warrants “could be done and should be done,” Cheney and Addington argue, but the NSA’s lawyers are fearful of the legal repercussions that might follow once their illegal eavesdropping is exposed, with or without the Justice Department’s authorization. The NSA and the White House eventually reach a compromise where the agency will monitor communications going in and out of the US, but will continue to seek warrants for purely domestic communications (see Spring 2001, After September 11, 2001, and October 2001). [Savage, 2007, pp. 131]
Military Use Considered - In 2009, a former Bush administration lawyer will tell a reporter that the memo “gave rise to the Justice Department discussing with the Defense Department whether the military could be used to arrest people and detain people inside the United States. That was considered but rejected on at least one occasion.” The lawyer will not give any indication of when this will happen, or to whom. Under the proposal, the suspects would be held by the military as “enemy combatants.” The proposal will be opposed by the Justice Department’s criminal division and other government lawyers and will ultimately be rejected; instead, the suspects will be arrested under criminal statutes. [Los Angeles Times, 3/3/2009]

Entity Tags: Steven Bradbury, US Department of Homeland Security, US Department of Defense, Robert J. Delahunty, Office of Legal Counsel (DOJ), Bush administration (43), Michael Chertoff, Alberto R. Gonzales, National Security Agency, American Civil Liberties Union, Glenn Greenwald, George W. Bush, US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

The House of Representatives passes the final version of the Patriot Act and other previously unpopular Bush administration projects: Alaska oil drilling, $25 billion in tax cuts for corporations, taps into Social Security funds, and cuts in education. [CNN, 10/25/2001] Republican Congressman Ron Paul states: “It’s my understanding the bill wasn’t printed before the vote—at least I couldn’t get it. They played all kinds of games, kept the House in session all night, and it was a very complicated bill. Maybe a handful of staffers actually read it, but the bill definitely was not available to members before the vote.” It is later found that only two copies of the bill were made available in the hours before its passage, and most House members admit they voted for the act without actually reading it first. [Insight, 11/9/2001] Two days later, the Senate will pass the final version of the Patriot Act. Anthrax targets Senators Tom Daschle and Patrick Leahy (see October 15, 2001) now support the bill. President Bush signs it into law the same day (see October 26, 2001). [Fox News, 10/26/2001]

Entity Tags: Tom Daschle, Patrick J. Leahy, Ron Paul

Timeline Tags: Civil Liberties, 2001 Anthrax Attacks

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

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

Timeline Tags: Civil Liberties

October 26, 2001: USA Patriot Act Becomes Law

President Bush signs the Patriot Act into law.President Bush signs the Patriot Act into law. [Source: White House]President Bush signs the USA Patriot Act (see October 2, 2001) into law. The act’s provisions include:
bullet 1) Non-citizens can be detained and deported if they provide “assistance” for lawful activities of any group the government chooses to call a terrorist organization. Under this provision the secretary of state can designate any group that has ever engaged in violent activity as a terrorist organization. Representative Patsy Mink (D-HI) notes that in theory supporters of Greenpeace could now be convicted for supporting terrorism. [San Francisco Chronicle, 11/12/2001]
bullet 2) Immigrants can be detained indefinitely, even if they are found not to have any links to terrorism. They can be detained indefinitely for immigration violations or if the attorney general decides their activities pose a danger to national security. They need never be given a trial or even a hearing on their status. [San Francisco Chronicle, 9/8/2002]
bullet 3) Internet service providers can be ordered to reveal the websites and e-mail addresses that a suspect has communicated to or visited. The FBI need only inform a judge that the information is relevant to an investigation. [Village Voice, 11/26/2001; San Francisco Chronicle, 9/8/2002]
bullet 4) The act “lays the foundation for a domestic intelligence-gathering system of unprecedented scale and technological prowess.” [Washington Post, 11/4/2001] It allows the government to access confidential credit reports, school records, and other records, without consent or notification. [San Francisco Chronicle, 9/8/2002] All of this information can now be given to the CIA, in violation of the CIA’s mandate prohibiting it from spying within the US. [Village Voice, 11/26/2001]
bullet 5) Financial institutions are encouraged to disclose possible violations of law or “suspicious activities” by any client. The institution is prohibited from notifying the person involved that it made such a report. The term “suspicious” is not defined, so it is up to the financial institutions to determine when to send such a report.
bullet 6) Federal agents can easily obtain warrants to review a library patron’s reading and computer habits (see January 2002). [Village Voice, 2/22/2002] Section 215 allows the FBI to ask the Foreign Intelligence Surveillance Court (FISC) for an order to obtain documents relating to counterterrorism investigations without meeting the usual standard of legal “probable cause” that a crime may have been committed. Senator Russ Feingold (D-WI—see October 9, 2001) says that Section 215 can allow the FBI to “go on a fishing expedition and collect information on virtually anyone.” Librarians will make Section 215 the centerpiece of their objections to the Patriot Act, arguing that the government can now “sweep up vast amounts of information about people who are not suspected of a crime.” In 2005, one librarian will say, “It reminds me of the Red Scare of the 1950s.” However, some FBI officials find it easier to use provisions of Section 505, which expands the usage of so-called “national security letters” (see November 28, 2001). [Roberts, 2008, pp. 39-40]
bullet 7) The government can refuse to reveal how evidence is collected against a suspected terrorist defendant. [Tampa Tribune, 4/6/2003]
Passes with No Public Debate - The law passes without public debate. [Village Voice, 11/9/2001; Village Voice, 11/26/2001] Even though it ultimately took six weeks to pass the law, there were no hearings or congressional debates. [Salon, 3/24/2003] Congressman Barney Frank (D-MA) says: “This was the least democratic process for debating questions fundamental to democracy I have ever seen. A bill drafted by a handful of people in secret, subject to no committee process, comes before us immune from amendment” (see October 2-4, 2001 and October 24, 2001). [Village Voice, 11/9/2001] Only 66 congresspeople, and one senator, Feingold, vote against it. Few in Congress are able to read summaries, let alone the fine print, before voting on it. [Los Angeles Times, 10/30/2001] Feingold says, “The new law goes into a lot of areas that have nothing to do with terrorism and have a lot to do with the government and the FBI having a wish list of things they want to do.” [Village Voice, 11/9/2001] Supporters of the act point out that some of its provisions will expire in four years, but in fact most provisions will not expire. [Chicago Tribune, 11/1/2001]
Mounting Opposition - One year later, criticism of the law will grow. [San Francisco Chronicle, 9/8/2002] Dozens of cities will later pass resolutions criticizing the Patriot Act (see January 12, 2003).

Entity Tags: George W. Bush, USA Patriot Act, Foreign Intelligence Surveillance Court, US Congress, Patsy Mink, Russell D. Feingold, Barney Frank

Timeline Tags: Complete 911 Timeline, Civil Liberties

Robert Bartley, conservative editor of The Wall Street Journal, writes an editorial in his newspaper strongly suggesting that Iraq is behind the recent anthrax attacks (see October 5-November 21, 2001). He cites former CIA Director James Woolsey, who says the possibility should be considered that “the attacks—whether perpetrated by bin Laden and his associates or by others—were sponsored, supported, and perhaps even ordered by Saddam Hussein.” He also draws on the controversial and eventually discredited theories of Laurie Mylroie, for instance claiming that Iraq was behind the 1993 WTC bombing (see February 26, 1993), and the controversial and eventually discredited reports that 9/11 hijacker Mohamed Atta met with an Iraqi spy in Prague. He concludes, “Saddam Hussein has the motive, means and opportunity to mount terrorism, and the anthrax attacks fit his modus operandi. There is plenty of reason to presume he’s behind the current attacks, with bin Laden and his al-Qaeda network as a front or ally. In any event, given his capabilities and intentions, he remains a threat to American lives as long as he’s at large.” [Wall Street Journal, 10/29/2001]

Entity Tags: Laurie Mylroie, Robert Bartley, James Woolsey

Timeline Tags: 2001 Anthrax Attacks

A senior NSA official, having learned of the NSA’s post-9/11 domestic surveillance program and believing it to be illegal, takes his concerns to a staff member of the House Intelligence Committee. In a 2012 interview for Democracy Now!, William Binney, a former NSA technical director who served in the NSA for 36 years, will say that some of his staff had been recruited to work on the new program and told him of some of the things that were being done, which he believed were illegal. Binney will tell co-host Juan Gonzalez: “I immediately went to the Intelligence Committee, because… the intelligence committees were formed to have oversight over the intelligence community to make sure they didn’t monitor US citizens.… And the member of the staff that I went to went to Porter Goss, who was chairman of that committee at the time, and he referred her to General Hayden for any further. When it was the job of that committee to do the oversight on all this domestic spying, they weren’t doing it.” Soon after this, Binney retires from the NSA, due to his belief the NSA is violating the Constitution (see October 31, 2001). [Democracy Now!, 4/20/2012]

Entity Tags: Jane Mayer, House Intelligence Committee, William Binney, Michael Hayden, National Security Agency

Timeline Tags: Civil Liberties

White House lawyers have become impatient with the interagency group’s (see Shortly Before September 23, 2001) less than full endorsement of the use of military commissions to try suspected terrorists. By late October, Timothy E. Flanigan takes the task of designing a strategy for prosecuting terrorists away from the group and proceeds to focus on military commissions as the only preferable option. The White House lawyers now work more in secret, excluding many agencies and most of the government’s experts in military and international law, but together with the lawyers of the Office of Legal Counsel (OLC), with the intention of drafting a presidential military order. [New York Times, 10/24/2004] There is a remarkable secrecy surrounding the drafting process (see November 11-13, 2001). Both Attorney General John D. Ashcroft and his deputy, Larry D. Thompson, are closely consulted. But the head of the Justice Department’s Criminal Division, Michael Chertoff is kept out of the loop. Secretary of Defense Donald H. Rumsfeld is informed through his general counsel, William J. Haynes. Other Pentagon experts, however, are excluded. [New York Times, 10/24/2004] When the order is signed (see November 13, 2001), many express surprise. “That came like a bolt from the blue,” a former Pentagon official says. “Neither I nor anyone I knew had any insight, any advance knowledge, or any opportunity to comment on the president’s military order.” [Guardian, 6/9/2004] “I can’t tell you how compartmented things were,” retired Rear Adm. Donald J. Guter, the Navy’s Judge Advocate General, later recalls. “This was a closed administration.” [New York Times, 10/24/2004]

Entity Tags: Larry D. Thompson, John Ashcroft, Michael Chertoff, Donald J. Guter, Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Shortly after the US invasion of Afghanistan (see October 19, 2001), the CIA takes control of an abandoned brick factory, and turns it into a training facility and secret prison. The facility, code-named the “Salt Pit,” is a 10-acre facility just north of Kabul. It is used to train Afghan counterterrorism forces and to house prisoners. The agency intends the Salt Pit to be a “host-nation facility,” manned and operated entirely by Afghans, in part so that CIA officials cannot be held accountable for the actions taken by the Afghan guards and interrogators. Similar methodologies are used in secret CIA prisons in other countries. However, the CIA pays the entire cost of maintaining the facility. It vets the guards who work there, and decides which prisoners will be kept in the facility, including some senior al-Qaeda operatives who will eventually be transferred to other facilities such as Guantanamo. Sometime before March 2005, the CIA will transfer its operations to another facility, and the Salt Pit will be demolished. [ABC News, 11/18/2005]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

John Yoo, a lawyer with the Justice Department’s Office of Legal Counsel (OLC), writes a legal opinion that claims the attorney general, under Executive Order 12333 (see December 4, 1981), can grant the deputy attorney general the legal authority to approve the use of surveillance techniques for which a warrant would be required for law enforcement purposes. [US Department of Justice, 11/5/2001; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007]

Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ)

Gary Berntsen, leader of the CIA effort in Afghanistan, names the four most wanted terrorist suspects in Afghanistan at a meeting of his team. They are al-Qaeda leader Osama bin Laden, his second in command Ayman al-Zawahiri, al-Qaeda military commander Mohammed Atef, and Khalid Shaikh Mohammed (KSM). Berntsen places one of his subordinates in charge of these four men, giving orders to “find and kill” them. Berntsen also wants the Taliban’s top three intelligence officials killed. [Berntsen and Pezzullo, 2005, pp. 114] While the connections between the other three and al-Qaeda are well known by this time, the US government apparently first develops information indicating KSM is the mastermind behind 9/11 during FBI questioning of military training camp facilitator Abu Zubaida around April 2002. [New York Times, 4/22/2009] However, KSM is an known terrorist and one of the top 22 fugitives named by the FBI the previous month (see October 10, 2001).

Entity Tags: Khalid Shaikh Mohammed, Ayman al-Zawahiri, Gary Berntsen, Mohammed Atef, Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

William J. Haynes.William J. Haynes. [Source: US Defense Department]William J. Haynes, Defense Secretary Donald Rumsfeld’s general counsel, shows a draft of a presidential order establishing military commissions to Colonel Lawrence J. Morris, a judge advocate general (JAG) attorney with strong experience in military justice and the laws of war. Morris heads a Pentagon legal team that has so far been excluded from the discussion on how suspected terrorists should be prosecuted. Col. Morris is given just 30 minutes to read the draft but is not allowed to keep a copy or even take notes. The next day, the Army’s Judge Advocate General, Major General Thomas J. Romig, hastily convenes a meeting of Pentagon lawyers to prepare suggestions for improvement, with an eye on bringing the order closer to existing military legal standards. The final order, however, includes none of the lawyer’s recommendations. “They hadn’t changed a thing,” a military official will later recall. [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: Lawrence J. Morris, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Vice President Cheney leads a meeting at the White House to put the finishing touches on a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001). The meeting includes Attorney General John Ashcroft, Defense Department chief counsel William J. Haynes, and several White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Cheney has decided to tell neither National Security Adviser Condoleezza Rice nor Secretary of State Colin Powell about the order until it has already been signed. Cheney has also told no one in the interagency working group ostensibly formulating the administration’s approach to prosecuting terrorists (see Shortly Before September 23, 2001). Ashcroft angrily dissents from Cheney’s plan to give the White House sole authority over the commissions, and invokes his authority as the nation’s top law enforcement official to demand that the Justice Department be given a say in the decision. Cheney overrules Ashcroft’s objections. He will discuss the draft with President Bush over lunch a few days later (see November 11-13, 2001). [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: William J. Haynes, Colin Powell, George W. Bush, John Ashcroft, Condoleezza Rice, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]

Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper

Timeline Tags: Civil Liberties

President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004]
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [Savage, 2007, pp. 138]
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [New York Times, 10/24/2004]
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [New York Times, 10/24/2004]
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).

Entity Tags: George W. Bush, John Bellinger, Donald Rumsfeld, Colin Powell, Condoleezza Rice, David S. Addington, Alberto R. Gonzales, William J. Haynes, Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Civil Liberties

In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives

President Bush’s order to establish military tribunals, or commissions, to try suspected terrorists (see November 13, 2001) is defended by Vice President Cheney, who tells reporters that the suspects subjected to such tribunals “don’t deserve to be treated as prisoners of war. They don’t deserve the same guarantees and safeguards we use for an American citizen.” Law professor Douglas Kmiec agrees. “This is the answer for what we’re dealing with: unlawful belligerents who do not come within our constitutional structure,” he says. “The president’s order is not extraordinary when one places it in the context of historic military campaigns.” Civil libertarians and administration critics disagree. Representative John Conyers (D-MI) says military commissions are based on the “thinnest legal precedents” and would “antagonize our allies and alienate the many legal immigrants in this country.” Law professor Anne-Marie Slaughter notes: “President Bush has said this is a war to bring terrorists to justice. So the real question is, what’s justice? That requires a fair trial and proof beyond a reasonable doubt, and that is not the aim of a military tribunal.” A better option, she says, would be convening an international war crimes tribunal. And law professor Joshua Rosenkranz says: “There is a natural temptation to hunker down whenever we are in crisis. But there is a danger that this hysteria-driven effort to protect to ourselves is weakening the foundations of our democracy.” [USA Today, 11/15/2001]

Entity Tags: Richard (“Dick”) Cheney, Anne-Marie Slaughter, Douglas Kmiec, Joshua Rosenkranz, John Conyers, George W. Bush

Timeline Tags: Civil Liberties

The UN Special Rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, sends an urgent appeal to Washington regarding President Bush’s November 13 military order (see November 13, 2001). [BBC Radio 4, 7/13/2003]

Entity Tags: Param Cumaraswamy, Colin Powell, George W. Bush

Timeline Tags: Torture of US Captives

Scorching criticism of President Bush’s Executive Order (see November 13, 2001) comes from the Center for National Security Studies, which says it “violates separation of powers as the creation of military commissions has not been authorized by the Congress and is outside the president’s constitutional powers.” The order is also an “unconstitutional attempt to suspend the writ of habeas corpus.” [Center for National Security Studies, 11/19/2001] Law professor Kathleen Clark similarly states: “These military tribunals are troubling in many respects, particularly in their denial of basic due process protection for defendants. But even apart from this question of civil liberties, this presidential order is unconstitutional because the president lacks the authority under the constitution and statutory law to create this kind of court.” [Center for Democracy and Technology, 11/19/2001]

Entity Tags: Kathleen Clark, Center for National Security Studies

Timeline Tags: Torture of US Captives, Civil Liberties

Justice Department lawyer John Yoo, an official with the Office of Legal Counsel (OLC), issues a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but its existence will be revealed in a June 2007 deposition filed in the course of an American Civil Liberties Union (ACLU) lawsuit. The memo is known to cover the War Crimes Act, the Hague Convention, the Geneva Conventions, the federal criminal code, and detainee treatment. [American Civil Liberties Union [PDF], 1/28/2009 pdf file] It is co-authored by OLC special counsel Robert Delahunty. [ProPublica, 4/16/2009]

Entity Tags: Robert J. Delahunty, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo, US Department of Justice

Timeline Tags: Civil Liberties

Salim Hamdan is captured in Afghanistan. [Guantanamo Military Commissions, 11/20/2007 pdf file] Hamdan is an Arab who has lived in Afghanistan for some time and has some knowledge about al-Qaeda and its operations there. He will later become well known after he is transferred to Guantanamo and engages in a series of legal battles to gain his freedom (see November 8, 2004 and June 30, 2006). [USA Today, 7/24/2008; Reuters, 7/24/2008] At some point, he is handed over to the FBI. However, agents for the bureau do not read him his Miranda rights. “Our policy at the time was not to read Miranda rights,” FBI special agent Robert Fuller will say in testimony at a US military commission hearing for Hamdan. Reuters will later write, “Similar warnings must be given to suspects in US military custody, and suspects overseas who may face US charges commonly receive warnings.” FBI special agent Stewart Kelley will say, “If they are a suspect, and they are detained, a Miranda is usually given.” [Reuters, 7/24/2008]

Entity Tags: Federal Bureau of Investigation, Salim Ahmed Hamdan, Stewart Kelley, Robert Fuller

Timeline Tags: Torture of US Captives

Salim Hamdan, a detainee with some knowledge about al-Qaeda who was captured in late November, takes FBI agents on two tours of facilities associated with al-Qaeda in Afghanistan. Hamdan and the agents twice drive around Kandahar in the months after his capture and he points out compounds owned by Osama bin Laden, including Tarnak Farms, and guest houses where al-Qaeda members could safely stay, which the agents take pictures of. Robert Fuller, one of the agents who accompanies Hamdan, will later say: “The first compound, when we arrived to it, it was destroyed. No roof was left.” The second compound is intact, and “in great shape,” according to Fuller. Hamdan also tells the FBI of his time at a training camp, but says he only stayed for a month and then returned to a guest house to be with his family. In addition, he identifies several high-ranking al-Qaeda officials and describes visits by bin Laden and other al-Qaeda figures to the camp. They gave speeches and “offered words of encouragement,” according to FBI agent Craig Donnachie. [USA Today, 7/24/2008; Reuters, 7/24/2008] Despite this co-operation, Hamdan will be transferred to Guantanamo, held there for years, and prosecuted in a military commission (see June 30, 2006).

Entity Tags: Robert Fuller, Craig Donnachie, Salim Ahmed Hamdan, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

The newly adopted USA Patriot Act (see October 26, 2001) allows FBI field offices to issue, without court orders, so-called “national security letters,” or NSLs, that require recipients—telecommunications firms, employers, libraries, anyone—to provide detailed information on their clients, employees, and patrons. The FBI’s Office of General Counsel warns each field office of the potential for abuse inherent in such powerful and relatively unrestricted instruments, writing in part: “NSLs are powerful investigative tools in that they can compel the production of substantial amounts of relevant information. However, they must be used judiciously.… In deciding whether or not to re-authorize the broadened authority, Congress certainly will examine the manner in which the FBI exercised it. Executive Order 12333 and the FCIG [Attorney General Guidelines for FBI Foreign Intelligence Collection and Counterintelligence Investigations] require that the FB[I] accomplish its investigations through the ‘least intrusive’ means. Supervisors should keep this in mind when deciding whether or not a particular use of NSL authority is appropriate. The greater availability of NSLs does not mean that they should be used in every case.” This warning not to overuse NSLs is not always heeded (see February 2005 and Before Mid-March, 2007). [Wired News, 7/10/2007]

Entity Tags: Federal Bureau of Investigation, Office of General Counsel (FBI), USA Patriot Act

Timeline Tags: Civil Liberties

The National Security Agency begins sending data—consisting of telephone numbers, e-mail addresses, and names—to the FBI that was obtained through surveillance of international communications originating within the US (see After September 11, 2001 and October 2001). The NSA sends so much data, in fact, that hundreds of agents are needed to investigate the thousands of tips per month that the data is generating. However, virtually all of this information leads to dead ends and/or innocent people. FBI officials repeatedly complain that the unfiltered information is bogging down the bureau: according to over a dozen current and former law enforcement and counterterrorism officials, the flood of tips provide them and their colleagues with very few real leads against terrorism suspect. Instead, the NSA data diverts agents from more productive work. Some FBI officials view the NSA data as pointless and likely illegal intrusions on citizens’ privacy. Initially, FBI director Robert Mueller asks senior administration officials “whether the program had a proper legal foundation,” but eventually defers to Justice Department legal opinions. One former FBI agent will later recall, “We’d chase a number, find it’s a schoolteacher with no indication they’ve ever been involved in international terrorism—case closed. After you get a thousand numbers and not one is turning up anything, you get some frustration.” A former senior prosecutor will add, “It affected the FBI in the sense that they had to devote so many resources to tracking every single one of these leads, and, in my experience, they were all dry leads. A trained investigator never would have devoted the resources to take those leads to the next level, but after 9/11, you had to.” Former NSA director Bobby Ray Inman says that the problem between the FBI and the NSA may stem in part from their very different approaches. Signals intelligence, the technical term for the NSA’s communications intercepts, rarely produces “the complete information you’re going to get from a document or a witness” in a traditional FBI investigation, he says. And many FBI officials are uncomfortable with the NSA’s domestic operations, since by law the NSA is precluded from operating inside US borders except under very specific circumstances. [New York Times, 1/17/2006]

Entity Tags: Federal Bureau of Investigation, National Security Agency, Bobby Ray Inman, Robert S. Mueller III

Timeline Tags: Complete 911 Timeline, Civil Liberties

Gary Berntsen on an airplane, date and location unknown.Gary Berntsen on an airplane, date and location unknown. [Source: National Geographic]Richard Blee, head of the Sunni Extremist Group at the CIA’s Counterterrorist Center and a former head of Alec Station, the CIA’s bin Laden unit, is made chief of the CIA’s new station in Kabul. Blee replaces Gary Berntsen, who had effectively led the CIA’s war effort against the Taliban and al-Qaeda in Afghanistan. Berntsen is unhappy with being replaced, saying: “It felt as though someone had just thrown a bucket of cold water in my face. I couldn’t believe they were doing this in the middle of the most important battle of the war.” The battle of Tora Bora begins around this time and, although the US thinks it has Osama bin Laden cornered there, he somehow manages to escape (see November 16, 2001, November 26, 2001 and Early December 2001).
Replacement Decision Is Not Well Received - Berntsen’s staff members are also unhappy with the decision, and slap their hands over their heads and groan when they find out about it. They tell Berntsen, “No disrespect to Rich, but when you leave, we leave.” Berntsen will attribute Blee’s selection to his closeness to CIA Director George Tenet and Deputy Director of Operations James Pavitt, and will also hint that Blee strongly desired the job. [Berntsen and Pezzullo, 2005, pp. 296-7, 306] Berntsen pushed hard for US troops to be deployed to catch bin Laden (see Late October-Early December 2001), but it is not known whether Blee is in favor of using US troops or not. Blee will also instigate the transfer of Ibn al-Shaykh al-Libi from the FBI to Egypt shortly after arriving; this is the first such transfer of a major figure after 9/11 (see Shortly After December 19, 2001).
Blee's Replacement - Blee is apparently replaced as chief of the Sunni Extremist Group by someone known only as Hendrik V. (see (Between Summer and Winter 2001)). Hendrik V. will later be replaced by an official known as “Marty M.” before March 2003. [Tenet, 2007, pp. 232, 251] That is almost certainly Marty Martin, someone said to lead the search for bin Laden from 2002 to 2004 (see (Shortly After October 29, 2004)).

Entity Tags: Marty Martin, Gary Berntsen, Central Intelligence Agency, Hendrik V., Richard Blee

Timeline Tags: Complete 911 Timeline

Qatari citizen Ali Saleh Kahlah al-Marri, a computer science graduate student at Illinois’s Bradley University, is arrested as a material witness to the 9/11 attacks. [Peoria Journal Star, 12/19/2001; CNN, 12/13/2005] Al-Marri was interviewed twice by the FBI, once on October 2 and again on December 11. Both times, according to the FBI, he lied in response to their questions. Al-Marri claimed to have entered the US on September 10, 2001, his first visit to the country since 1991, when he earned his undergraduate degree at Bradley. [CBS News, 6/23/2003; CNN, 12/13/2005]
Connections to 9/11 Terrorists Alleged - The FBI says al-Marri has been in the US since 2000. Al-Marri denied calling the United Arab Emirates phone number of Mustafa Ahmed al-Hawsawi, an unindicted co-conspirator in the trial of suspected “20th hijacker” Zacarias Moussaoui. Prosecutors say al-Hawsawi provided financial backing to Moussaoui and the 9/11 hijackers, and allegedly helped some of the hijackers travel from Pakistan to the United Arab Emirates and then to the US in preparation for the attacks. [CBS News, 6/23/2003; Progressive, 3/2007] (Al-Hawsawi will be captured in Pakistan in March 2003, and detained in an undisclosed location somewhere outside the US. See Early-Late June, 2001) [CNN, 12/13/2005] The government also alleges that the phone number was a contact number for Ramzi Bin al-Shibh, another unindicted co-conspirator in the Moussaoui indictment. The government says that two calling cards were used to call the number, which was also listed as a contact number on a package it believes was sent by 9/11 hijacker Mohamed Atta to the UAE on September 8, 2001. The cards were allegedly used to place phone calls from al-Marri’s residence, from his cellphone, and from the Marriott hotel room he was staying in on September 11. However, none of the three calls to the UAE number were made from phones registered to Al-Marri, though, nor is there proof he placed them. Some of the calls made from the card to the UAE were placed to relatives of al-Marri. [Bradley Scout, 3/29/2002] In March 2002, Justice Department official Alice Fisher will say that an unnamed al-Qaeda detainee “in a position to know… positively identified al-Marri as an al-Qaeda sleeper operative who was tasked to help new al-Qaeda operatives get settled in the United States for follow-on attacks after 9/11.” That unidentified tipster brought al-Marri to the attention of federal law enforcement shortly after the attacks. FBI officials have said that al-Marri is not considered to have played any part in the attacks, but is still considered a danger to the US. [Knight Ridder, 6/23/2003] In 2003, the FBI adds that it found “an almanac with bookmarks in pages that provided information about major US dams, reservoirs, waterways and railroads.” [Knight Ridder, 6/24/2003] He is believed to be a relative of Saudi national and future Guantanamo detainee Mohamed al-Khatani, who is said to be an intended 9/11 hijacker (see July 2002). [New York Times, 6/21/2004]
Bank and Credit Card Fraud - According to the FBI, al-Marri obtained a bank account under a false name, rented a motel room under a false name to create a mailing address, and formed a fake company, AAA Carpet, using the motel’s address. The FBI also says al-Marri used a fake Social Security number to open three other bank accounts. Al-Marri was carrying well over 15 fake credit card numbers on him when he was interviewed yesterday, says the US Attorney’s office in Illinois. [CBS News, 6/23/2003; Progressive, 3/2007] There are also allegedly over 1,000 more in his personal computer files. He has missed so many classes, the FBI says, that he is on the verge of flunking out. The FBI says al-Marri’s computer also contains Arabic lectures by Osama bin Laden, photographs of the 9/11 attacks, and a cartoon of planes crashing into the World Trade Center. The computer has a folder labeled “jihad arena,” and another labeled “chem,” which, government officials say, contains industrial chemical distributor websites used by al-Marri to obtain information about hydrogen cyanide, a poisonous gas used in chemical weapons. [CNN, 12/13/2005] Al-Marri consents to the search and the seizure of his computer and other possessions. [Bradley Scout, 3/29/2002] Al-Marri will be charged with financial crimes in 2002 (see February 8, 2002), charges that later will be dropped (see June 23, 2003). [CBS News, 6/23/2003]

Entity Tags: US Department of Justice, Mustafa Ahmed al-Hawsawi, Zacarias Moussaoui, Mohamed al-Khatani, Alice Fisher, Federal Bureau of Investigation, Mohamed Atta, Al-Qaeda, Bradley University, Osama bin Laden, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Yazid Sufaat.Yazid Sufaat. [Source: FBI]Yazid Sufaat is arrested in Malaysia. Sufaat is a Malaysian who owns a condominum in Kuala Lumpur, Malaysia, where a January 2000 al-Qaeda summit was held (see January 5-8, 2000). He also graduated in 1987 from a California university with a degree in biological sciences. According to interrogations of Khalid Shaikh Mohammed, Hambali, and other captured prisoners, Sufaat was given the lead in developing chemical and biological weapons for al-Qaeda, but he apparently had been unable to buy the kind of anthrax he wanted for an attack. Zacarias Moussaoui, Mohamed Atta, and other al-Qaeda operatives appeared to have had an interest in crop dusters before 9/11. It has been suggested that this interest served to further Sufaat’s biological weapons plot. This would especially make sense in the case of Moussaoui, since he stayed with Sufaat in Sufaat’s Malaysia apartment for two months in late 2000 (see September-October 2000). The US will only be able to directly interview Sufaat on one brief occasion, in November 2002. [Washington Post, 3/28/2003; CNN, 10/10/2003; Chicago Tribune, 12/7/2003] Sufaat will be released in 2008. The Malaysian government will never try or charge him (see December 4, 2008).

Entity Tags: Zacarias Moussaoui, Yazid Sufaat, Al-Qaeda, Khalid Shaikh Mohammed, Mohamed Atta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

CIA officer Richard Blee, who is now chief of the CIA’s station in Kabul, Afghanistan, objects to the FBI interviewing high-ranking al-Qaeda detainee Ibn al-Shaykh al-Libi. The FBI obtained access to al-Libi after he was handed over to the US, and is obtaining some information from him about Zacarias Moussaoui and Richard Reid, who will be prosecuted in the US (see December 19, 2001). However, according to FBI agent Jack Cloonan, “for some reason, the CIA chief of station in Kabul is taking issue with our approach.” [American Prospect, 6/19/2005] CIA Director George Tenet learns of Blee’s complaints and insists that al-Libi be turned over to the CIA (see January-April 2002), which promptly puts him on a plane to Egypt (see January 2002 and After), where he is tortured and makes false statements (see February 2002). Blee was in charge of the CIA’s bin Laden unit on 9/11 and has only recently become chief of its Kabul station. [Berntsen and Pezzullo, 2005, pp. 59-60, 297] The FBI, which has long experience interviewing suspects, will continue in its attempts to use rapport-building techniques (see Late March through Early June, 2002), whereas the CIA will employ harsher techniques, despite not having much experience with interviews (see Mid-April 2002).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Richard Blee, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The Justice Department’s John Yoo sends a classified memo to the Defense Department’s general counsel, William Haynes. The contents will not be made public, but the American Civil Liberties Union (ACLU) will eventually learn that the memo concerns possible criminal charges to be brought against an American citizen who is suspected of being a member of either al-Qaeda or the Taliban. The ACLU believes the memo discusses the laws mandating that US military personnel must adhere to the Uniform Code of Military Justice, and how those laws may not apply to military personnel during a so-called “undeclared war.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo

Timeline Tags: Civil Liberties

Richard Reid’s shoe bomb.
Richard Reid’s shoe bomb. [Source: NEFA Foundation]British citizen Richard Reid is arrested for trying to blow up a Miami-bound jet using explosives hidden in his shoe. [Associated Press, 8/19/2002] Reid fails in his attempt to destroy the American Airlines jet because he is unable to detonate the explosives—he cannot get the fuse to light using matches, despite using up six of them before he is overpowered by the stewards and passengers. Authors Sean O’Neill and Daniel McGrory will comment, “Had Reid used a cheap disposable plastic cigarette lighter to ignite the fuse of his bomb, rather than a match that did not burn for long enough, forensic experts are sure there was enough plastic explosive in his boot to puncture the fuselage of Flight 63 and bring down the aircraft.” [O'Neill and McGrory, 2006, pp. 215-217, 236] The attack is supposed to be one of two simultaneous attacks, but Reid’s partner, Saajit Badat, backs out shortly before the bombing (see (December 14, 2001)). Reid will later plead guilty to all charges, and declare himself a follower of Osama bin Laden. [CBS News, 10/4/2002] He may have ties to Pakistan. [Washington Post, 3/31/2002] It is later believed that Reid and others in the shoe bomb plot reported directly to 9/11 mastermind Khalid Shaikh Mohammed (KSM). [CNN, 1/30/2003] It has been suggested that KSM has ties to the ISI, and that Reid is a follower of Ali Gilani, a religious leader believed to be working with the ISI (see January 6, 2002).

Entity Tags: Khalid Shaikh Mohammed, Daniel McGrory, Sean O’Neill, Richard C. Reid

Timeline Tags: Complete 911 Timeline

A Jordanian suspected of involvement in the 1993 WTC bombing (see February 26, 1993) and 1995 Bojinka plot (see January 6, 1995) is arrested but apparently only charged with minor offenses. Hadi Yousef Alghoul had been arrested in the Philippines in March 1995 and accused of involvement in the Bojinka plot there. (see April 1, 1995-Early 1996). He apparently is the cousin of bomber Ramzi Yousef. [Ressa, 2003, pp. 25] On December 26, 2001, he is arrested in the Philippines again. He is found with nearly 300 sticks of dynamite and other bomb making materials. A police colonel says Alghoul had been under surveillance for years. [CNN, 12/28/2001; Contemporary Southeast Asia, 12/1/2002] Police say he is one of the United States’ 25 most wanted terrorists with a $25 million reward for his arrest in connection with the 1993 WTC bombing. His “fingerprints perfectly matched those of a terrorist tagged in the World Trade Center bombing.” He is also wanted for plotting the assassination of Americans. [Manila Bulletin, 1/6/2002] Yet despite all these accusations, he is not extradited to the US as other Bojinka suspects were, and he is merely charged in 2002 with the illegal possession of explosive devices. There have been no further news accounts about him. [Manila Sun-Star, 11/16/2002]

Entity Tags: Hadi Yousef Alghoul, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

Defense Secretary Donald Rumsfeld makes a public announcement that he is planning to move Taliban and al-Qaeda suspects to the Guantanamo Bay Naval Station. The number of people in US custody and destined for Guantanamo is allegedly small. According to the Chairman of the Joint Chiefs of Staff, Air Force Gen. Richard B. Myers, they number eight individuals aboard the USS Peleliu and 37 at a US base near Kandahar airport. [Dawn (Karachi), 12/28/2001] Troops, earlier stationed at nearby Camp Rhino, where John Walker Lindh was detained, are being transferred to Guantanamo. [GlobalSecurity (.org), 1/15/2005] The reason for choosing Guantanamo for detaining suspected al-Qaeda and Taliban members is unclear. Rumsfeld says: “I would characterize Guantanamo Bay, Cuba, as the least worst place we could have selected. Its disadvantages seem to be modest relative to the alternatives.” [Dawn (Karachi), 12/28/2001] Rumsfeld does not inform reporters of the legal opinion about to be released by the Office of Legal Counsel (OLC) that he feels makes Guantanamo uniquely qualified to serve as a prisoner for terror suspects (see December 28, 2001). According to the OLC opinion, Guantanamo is outside the US itself, so US courts have no jurisdiction to oversee conditions or activities there. It is also not on soil controlled by any other court system. And, unlike other facilities considered for housing terror suspects (see January 11, 2002), Guantanamo is not on the soil of a friendly government with which the US has lease and status of force agreements, but rather on the soil of a hostile Communist government whose predecessor had signed a perpetual lease with the US. The base, therefore, is, according to the OLC, under the sole jurisdiction of the US military and its commander in chief, and not subject to any judicial or legislative review. In 2007, author and reporter Charlie Savage will write, “Guantanamo was chosen because it was the best place to set up a law-free zone.” [Savage, 2007, pp. 145]

Entity Tags: Al-Qaeda, US Department of Defense, Charlie Savage, Richard B. Myers, Taliban, Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

Deputy Assistant Attorney Generals Patrick Philbin and John Yoo send a memorandum to Pentagon General Counsel William J. Haynes offering the legal opinion that US courts do not have jurisdiction to review the detention of foreign prisoners at Guantanamo Bay. Therefore detentions of persons there cannot be challenged in a US court of law. The memo is endorsed by the Department of Defense and White House legal counsel Alberto Gonzales. [Newsweek, 5/24/2004] The memo addresses “the question whether a federal district court would properly have jurisdiction to entertain a petition for a writ of habeas corpus filed on behalf of an alien detained at the US naval base at Guantanamo Bay, Cuba.” The conclusion of Philbin and Yoo is that it cannot, based primarily on their interpretation of a decision by the US Supreme Court in the 1950 Eisentrager case, in which the Supreme Court determined that no habeas petition should be honored if the prisoners concerned are seized, tried, and held in territory that is outside of the sovereignty of the US and outside the territorial jurisdiction of any court of the US. Both conditions apply to Guantanamo according to Philbin and Yoo. Approvingly, they quote the US Attorney General in 1929, who stated that Guantanamo is “a mere governmental outpost beyond our borders.” A number of cases, quoted by the authors, “demonstrate that the United States has consistently taken the position that [Guantanamo Bay] remains foreign territory, not subject to US sovereignty.” Guantanamo is indeed land leased from the state of Cuba, and therefore in terms of legal possession and formal sovereignty still part of Cuba. But Philbin and Yoo acknowledge a problem with the other condition: namely that the territory is outside the US’s jurisdiction. They claim with certainty that Guantanamo “is also outside the ‘territorial jurisdiction of any court of the United States.’” However, the Supreme Court should not have made a distinction between jurisdiction and sovereignty here; the wording of the decision is really, Philbin and Yoo believe, an inaccurate reflection of its intent: “an arguable imprecision in the Supreme Court’s language.” For that reason, they call for caution. “A non-frivolous argument might be constructed, however, that [Guantanamo Bay], while not be part of sovereign territory of the United States, is within the territorial jurisdiction of a federal court.” [US Department of Justice, 12/28/2001 pdf file]

Entity Tags: John C. Yoo, Alberto R. Gonzales, Patrick F. Philbin, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Ahmad Sajuli Abdul Rahman.Ahmad Sajuli Abdul Rahman. [Source: Malaysian Government]Ahmad Sajuli Abdul Rahman is arrested in Kuala Lumpur, Malaysia. [Utusan Malaysia, 1/5/2002]
Links to Al-Qaeda Summit - Sajuli, believed to be an operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, did not attend an important al-Qaeda summit in Kuala Lumpur, Malaysia, in January 2000 (see January 5-8, 2000), but he took some of the attendees around Kuala Lumpur. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), one of the attendees Sajuli escorted around town was 9/11 hijacker Khalid Almihdhar. Sajuli also helped arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli’s arrest is part of a wave of over a dozen arrests in Malaysia that also gets Yazid Sufaat, one of the summit attendees (see December 19, 2001). [Utusan Malaysia, 1/5/2002]
Held without Charge or Trial - Malaysian law allows for suspects to be held without charge or trial for up to two years, and this can be extended for additional two year periods. In early 2004, it will be announced that Sajuli’s detention will be extended for another two years. [Human Rights Watch, 2/26/2004] However, apparently will be released before that two year period is up, because there will be no further news of his detention.

Entity Tags: Yazid Sufaat, Khalid Almihdhar, Abu Bara al-Taizi, Ahmad Sajuli Abdul Rahman, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

In 1994, several key members of the Bojinka plot, which would have killed thousands if successful (see January 6, 1995), formed a front company called Konsonjaya as part of the plot (see June 1994). Konsonjaya was a trading company that ostensibly exported Malaysian palm oil to Afghanistan and also traded in honey from Sudan and Yemen. All these countries have been important nodes in al-Qaeda’s network. The Philippine government was already wiretapping calls to the Konsonjaya offices before the Bojinka plot was foiled (see 1994), and definitively linked the company to the plot by the spring of 1995 (see Spring 1995). As late as 1998, 9/11 mastermind Khalid Shaikh Mohammed was using Konsonjaya as cover in his international travels (see June 1998). By 1999, the FBI had realized the importance of Konsonjaya to the Bojinka plot, and had linked al-Qaeda leader Hambali to it (see May 23, 1999). [Institute of Defense and Strategic Studies, 3/7/2003 pdf file] In February 2002, Rodolfo Mendoza, the former head of Philippine counter-terrorism who led that country’s Bojinka investigation, will say, “According to my analysis, Konsonjaya was the nerve center not only for business but also for operational supervision [of the Bojinka plot].… The most critical question now is, ‘Where are the other former directors of Konsonjaya?’” [Los Angeles Times, 2/7/2002] Konsonjaya’s eight-person board of directors was made up of:
bullet Amein Mohammed (Managing Director). His real name is Mohammed Amin al-Ghafari. He appears to have been heavily involved in the Bojinka plot. However, he has intelligence connections in the Philippines and remains the head of another front connected to Bojinka until November 2002. Then he is implicated in an October 2002 bombing and deported (see 1995 and After, February 15, 1999, and October 8-November 8, 2002). His current whereabouts are unknown.
bullet Amein Alsanani (also Managing Director).
bullet Annamalai N. L. Sundrasan (Secretary).
bullet Wali Khan Amin Shah. He is one of the main Bojinka plotters and will later be sentenced to life in prison in the US for his role in that plot (see September 5, 1996).
bullet Medhat Abdul Salam Shabana. Company records show Shabana is from Afghanistan.
bullet Riduan bin Isumuddin (Hambali). He is arrested in Thailand in 2003 and taken into US custody (see August 12, 2003). He is believed to have roles in the 9/11 attacks, the 2002 Bali bombings, and other attacks. [Los Angeles Times, 2/7/2002; Institute of Defense and Strategic Studies, 3/7/2003 pdf file]
bullet Noralwizah Lee Binti Abdullah (Hambali’s wife). She is arrested with Hambali and immediately extradited to Malaysia. Two months later, the Malaysian government will place her in indefinite detention, where she apparently remains. A Malaysian official will say: “She was more than a wife to Hambali. She was a trusted aide who handled funds of the Jemaah Islamiyah [militant group].” [Institute of Defense and Strategic Studies, 3/7/2003 pdf file; Sydney Morning Herald, 8/16/2003; Associated Press, 10/16/2003]
bullet Hemeid H. Alghamdi. He is described in company records as a thirty-year-old Saudi from Jeddah. [Los Angeles Times, 2/7/2002; Institute of Defense and Strategic Studies, 3/7/2003 pdf file]
bullet Cosain Ramos (a.k.a. Abu Ali) is also connected to Konsonjaya, but apparently he used an alias so it is not clear which name matches his. He will be arrested in the Philippines in 2002 after being linked to the 2000 Christmas Eve bombings in Indonesia (see December 24-30, 2000 and Shortly Before December 24, 2000). But bizarrely, not only is he not charged, but he is given the job of janitor at the Philippines’s highest security prison and then helps a key al-Qaeda leader escape in 2003 (see July 14, 2003).
The Los Angeles Times reports in February 2002 that the whereabouts of most of the Konsonjaya board of directors remains unknown. [Los Angeles Times, 2/7/2002] But strangely, investigators seemingly remain uninterested in investigating Konsonjaya’s links. In October 2002, Sundrasan, the company’s secretary as well as one of the directors, will contact a Malaysian newspaper and tell them some details about the company, including that Amin Shah opened many bank accounts in the company’s name and that the company never really conducted any business. But he will also say that no investigators, journalists, or officials have ever questioned him about the company. [Malay Mail, 10/24/2002]

Entity Tags: Amein Alsanani, Khalid Shaikh Mohammed, Cosain Ramos, Hambali, Wali Khan Amin Shah, Annamalai N. L. Sundrasan, Noralwizah Lee Binti Abdullah, Konsonjaya, Rodolfo Mendoza, Hemeid H. Alghamdi, Mohammed Amin al-Ghafari, Medhat Abdul Salam Shabana

Timeline Tags: Complete 911 Timeline

John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 pdf file; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).

Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes

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

William Howard Taft IV.William Howard Taft IV. [Source: PBS]William Howard Taft IV, the State Department’s chief legal adviser, responds to John Yoo’s January 9,2002, memo (see January 9, 2002) saying that Yoo’s analysis is “seriously flawed.” Taft writes: “In previous conflicts, the United States has dealt with tens of thousands of detainees without repudiating its obligations under the [Geneva] Conventions. I have no doubt we can do so here, where a relative handful of persons is involved.” [Newsweek, 5/24/2004] Applying the Geneva Conventions, according to Taft, would demonstrate that the United States “bases its conduct on its international legal obligations and the rule of law, not just on its policy preferences.” Taft ends with a scorching criticism. “Your position is, at this point, erroneous in its substance and untenable in practice. Your conclusions are as wrong as they are incomplete. Let’s talk.” [Le Monde (Paris), 10/25/2004]

Entity Tags: William Howard Taft IV, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

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