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Context of '(February 20, 1995): Oklahoma City Bombing Conspirator Moves to Herington, Kansas'

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Months after the Bush administration successfully convinced the New York Times to hold off publishing its report on the administration’s warrantless wiretapping program (see Early November 2004, December 6, 2005, and December 15, 2005), one of the reporters on the story, Eric Lichtblau, attempts to get a response on the program from one of the few Democrats briefed on it, House Intelligence Committee ranking member Jane Harman (D-CA). In his 2008 book Bush’s Law: The Remaking of American Justice, Lichtblau will write about covering a House hearing where Harman launches into a passionate call for stronger civil liberties safeguards in the reauthorization of the USA Patriot Act (see March 9, 2006). According to his recollection, Lichtblau approaches Harman and says, “I’m trying to square what I heard in there with what we know about that program.” He will write: “Harman’s golden California tan turned a brighter shade of red. She knew exactly what I was talking about. Shooing away her aides, she grabbed me by the arm and drew me a few feet away to a more remote section of the Capitol corridor. ‘You should not be talking about that here,’ she scolded me in a whisper. ’ They don’t even know about that,’ she said, gesturing to her aides, who were now looking on at the conversation with obvious befuddlement.” Harman tells Lichtblau, “The Times did the right thing by not publishing that story,” but will not discuss the details. When asked what intelligence capabilities would be lost by informing the public about something the terrorists already knew—that the government was listening to them—she simply replies, “This is a valuable program, and it would be compromised.” Lichtblau will add: “This was clearly as far as she was willing to take the conversation, and we didn’t speak again until months later, after the NSA story had already run. By then, Harman’s position had undergone a dramatic transformation. When the story broke publicly, she was among the first in line on Capitol Hill to denounce the administration’s handling of the wiretapping program, declaring that what the NSA was doing could have been done under the existing FISA law.” [TPM Muckraker, 3/19/2008]

Entity Tags: Eric Lichtblau, Bush administration (43), New York Times, House Intelligence Committee, Jane Harman

Timeline Tags: Civil Liberties

It will later be reported that Haroon Rashid Aswat, the possible mastermind of the 7/7 London bombings (see July 7, 2005), talks on the phone about 20 times with two of the suicide bombers involved in the attack in the days before the bombings (see Late June-July 7, 2005). The Sunday Times will later note, “It is likely that the American National Security Agency—which has a powerful eavesdropping network—was monitoring the calls.” British investigators will not deny the phone calls took place, but will “caution that the calls may have been made to a phone linked to Aswat, rather than the man himself.” [Sunday Times (London), 7/31/2005] A book about the Mossad by Gordon Thomas will later claim that the Mossad learns by the early afternoon of the day of the 7/7 bombings that the CIA has a “strong supposition” Aswat made a number of calls to the bombers in the days before the bombings. [Thomas, 2007, pp. 519] This would support the theory that the NSA was tracking the calls. US intelligence had discovered Aswat’s location several weeks before the bombings, but then supposedly lost track of him again (see Early June 2005). If these calls were tracked, it is not clear why action was not taken against the bombers.

Entity Tags: Haroon Rashid Aswat, Central Intelligence Agency, National Security Agency

Timeline Tags: Complete 911 Timeline

The four London bombers captured on closed circuit television. From left to right, Hasib Hussain, Germaine Lindsay, Mohammad Sidique Khan, and Shehzad Tanweer, pictured in Luton train station at 07:21 a.m., Thursday, July 7, 2005.The four London bombers captured on closed circuit television. From left to right, Hasib Hussain, Germaine Lindsay, Mohammad Sidique Khan, and Shehzad Tanweer, pictured in Luton train station at 07:21 a.m., Thursday, July 7, 2005. [Source: Scotland Yard]England suffers its worst terrorist attack when four bombs go off in London during the morning rush hour. At 8:50 a.m. bombs go off on three London Underground trains within 50 seconds of each other. A fourth bomb goes off at 9:47 a.m. on a double-decker bus, near Tavistock Square. Fifty-six people, including the four bombers, are killed. The bombings become popularly known as ‘7/7.’ [Daily Telegraph, 7/7/2005; Daily Mail, 7/8/2005; CNN, 7/22/2005] The alleged bombers, all British residents between the ages of 18 and 30, are Mohammad Sidique Khan, Hasib Mir Hussain, Shehzad Tanweer, and Germaine Lindsay. All were British nationals of Pakistani descent, except Lindsay, who was born in Jamaica, but moved to England when he was five. [Daily Telegraph, 7/16/2005; BBC, 7/21/2005] In 2004, Khan had been the subject of a routine threat assessment by the British intelligence agency MI5, after his name came up during an investigation into an alleged plot to explode a truck bomb in London. However, MI5 did not consider him a threat and did not place him under surveillance. [BBC, 7/17/2005; London Times, 7/17/2005] According to the Independent, Tanweer had similarly been scrutinized by MI5 that year, but was also not considered a threat. [Independent, 12/17/2005] Khan and Tanweer had flown to Pakistan together in November 2004, returning together in February 2005. However, what they did during their stay is unclear. [BBC, 7/18/2005; CNN, 7/20/2005] Less than a month before the bombings, the British government lowered its formal threat assessment one level, from “severe general” to “substantial,” prompted by a confidential report by the Joint Terrorist Analysis Centre (JTAC). JTAC, which is made up of 100 top intelligence and law enforcement officials, concluded, “At present there is not a group with both the current intent and the capability to attack [Britain]” (see Mid-June 2005). [New York Times, 7/19/2005; London Times, 7/19/2005] The attacks also coincide with the G8 summit in Gleneagles, Scotland, attended by British Prime Minister Tony Blair and US President George W. Bush, amongst others. [Guardian, 7/7/2005] Consequently, 1,500 officers from London’s Metropolitan Police, including many anti-terrorist specialists, are away in Scotland as part of the force of 12,000 created to police the event. [Press Association (London), 7/7/2005; London Times, 7/10/2005]

Entity Tags: Germaine Lindsay, Mohammad Sidique Khan, Hasib Mir Hussain, Shehzad Tanweer

Timeline Tags: Complete 911 Timeline

Abdelkader Belliraj, a Belgian government informant leading a Moroccan militant group, allegedly helps foil an attack in Britain. Shortly after the 7/7 London bombings (see July 7, 2005), Belgian intelligence gives the British government “very precise” information from Belliraj about a planned follow-up attack. Arrests are made and material is seized in Liverpool, but the incident is not reported in the media at the time. (Apparently this is a different plot to a largely unsuccessful copycat bomb plot two weeks after the 7/7 bombings (see July 21, 2005)). A Belgian newspaper will say the attacks could have killed dozens of people. Belliraj had developed links to al-Qaeda in 2001 while being paid by Belgian’s internal security service (see 2001). He will be arrested in Morocco in 2008 (see February 18, 2008). [Agence France-Presse, 3/15/2008]

Entity Tags: Abdelkader Belliraj, State Security (of Belgium)

Timeline Tags: Complete 911 Timeline

Convicted Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, June 4, 1998, and May 26, 2004) has said that he believes his co-conspirator, Timothy McVeigh (see 7:14 a.m. June 11, 2001), was involved with a white supremacist compound in eastern Oklahoma, Elohim City (see (April 1) - April 18, 1995). Nichols’s statements to the FBI, a US congressman, and his family are now being reported by The Oklahoman. Representative Dana Rohrbacher (R-CA), who met with Nichols on June 27, 2005 at the federal prison in Florence, Colorado, says: “He said he was driving past it one time and Tim McVeigh knew everything about Elohim City, just told him all about it. And he said on a number of occasions… Tim McVeigh mentioned his friend, Andy the German, who lives at Elohim City.… So there was a strong indication that Tim McVeigh had much more than just a minor association with some of the people at Elohim City.” “Andy the German” is Andreas Strassmeir, a former German soldier who helped coordinate security at Elohim City (see 1973 and After). Strassmeir has admitted meeting McVeigh at a 1993 Tulsa gun show (see April 1993), but has said he never saw or spoke with him again. Strassmeir has denied any role in the bombing (see November 1994), as has Elohim City leader Robert Millar (see May 24, 1995). The FBI investigated Elohim City after discovering McVeigh called there two weeks before the bombing (see April 5, 1995), and ruled out the residents as suspects (see February 1995). The bureau never found conclusive proof that McVeigh ever visited there, though other sources found that McVeigh and Nichols had visited there in late 1993 (see October 12, 1993 - January 1994) and learned that McVeigh took part in paramilitary exercises there in late 1994 (see September 12, 1994 and After). For years, many have speculated that Strassmeir and other Elohim City residents may have played a part in the bombing; Rohrbacher says he is considering holding Congressional hearings on the possibility, and says he asked Nichols specifically about those theories. Former federal informant Carole Howe has claimed she saw McVeigh and Strassmeir together at Elohim City in July 1994, and has said Strassmeir talked about blowing up federal buildings in Oklahoma (see August 1994 - March 1995 and November 1994). Federal prosecutors did not believe Howe’s claims. [The Oklahoman, 7/10/2005] A precursor of the McVeigh-Nichols bomb plot was hatched in 1983 by Elohim City residents (see 1983). Some believe that Strassmeir may have been McVeigh’s alleged co-conspirator identified only as “John Doe No. 2” (see June 14, 1995), even though federal authorities have said that person was not involved with Nichols or McVeigh (see January 29, 1997). McVeigh told his friend Michael Fortier that he planned the Oklahoma City bombing with input from people at Elohim City (see December 1994). Less than two weeks before the bombing, McVeigh went to a strip club with people from Elohim City, including Strassmeir (see April 8, 1995).

Entity Tags: Michael Joseph Fortier, Andreas Strassmeir, Carole Howe, Elohim City, Robert Millar, Terry Lynn Nichols, Timothy James McVeigh, Dana Rohrbacher

Timeline Tags: US Domestic Terrorism

Time reporter Matthew Cooper testifies before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003 and July 1, 2005). [Washington Post, 7/3/2007] “I testified openly and honestly,” Cooper says after the session. “I have no idea whether a crime was committed or not. That is something the special counsel is going to have to determine.” [New York Times, 7/14/2005] Four days later, Cooper will write of his testimony for Time, though special prosecutor Patrick Fitzgerald told him he would rather Cooper remained silent. Cooper is under no legal obligation not to divulge his grand jury testimony. He will say that while grand juries are famously passive, ready to “indict a ham sandwich if a prosecutor asks it of them,” this one is unusually active. About a third of the questions he answers are from jurors, not prosecutors. Cooper testifies that in the week after Joseph Wilson’s now-famous op-ed disclosing the fraudulence of the Iraq-Niger uranium claims (see July 6, 2003), the administration had done something it rarely does: admit a mistake. It was admitting that it had erred in using that claim to advance its arguments for war with Iraq (see July 8, 2003). That was big news, and Cooper, having been at Time less than a month, was aggressively covering it. He was curious about the White House’s apparent efforts to smear Wilson, and called White House political adviser Karl Rove on July 11 to discuss the apparent smear campaign (see 11:00 a.m. July 11, 2003). The jury is interested, and apparently amused, at Cooper’s choice of words regarding the status of his conversation with Rove: “double super secret background.” Cooper concludes, “So did Rove leak Plame’s name to me, or tell me she was covert? No. Was it through my conversation with Rove that I learned for the first time that Wilson’s wife worked at the CIA and may have been responsible for sending him? Yes. Did Rove say that she worked at the ‘agency’ on ‘WMD’? Yes. When he said things would be declassified soon, was that itself impermissible? I don’t know. Is any of this a crime? Beats me. At this point, I’m as curious as anyone else to see what Patrick Fitzgerald has.” [Time, 7/17/2005]

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Bush administration (43), Karl C. Rove, Matthew Cooper, Time magazine, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

A source from within the Valerie Plame Wilson identity leak investigation confirms that White House political adviser Karl Rove had spoken with conservative columnist Robert Novak before Novak published his column identifying Plame Wilson as a CIA officer (see July 8, 2003 and July 14, 2003). Rove discussed Plame Wilson with Novak. However, according to the source, Rove first heard about Plame Wilson from Novak, as well as learning from Novak that she had played a role in recommending her husband, Joseph Wilson, for a trip to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002 and July 6, 2003). According to the source, Novak, not Rove, initiated the conversation about Plame Wilson. It is not clear who revealed Plame Wilson’s identity to Novak, or whether Novak has identified that source to the grand jury. [New York Times, 7/15/2005; New York Times, 7/16/2005] In its reporting, the New York Times publicly reveals the July 8, 2003 conversation between Rove and Novak (see July 8, 2003). [New York Times, 7/15/2005] Novak has disputed Rove’s version of events, saying that Rove confirmed Plame Wilson’s identity to him and not the other way around (see October 7, 2003, February 5, 2004, and September 14, 2004).

Entity Tags: Robert Novak, Joseph C. Wilson, Karl C. Rove, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Prosecutors in the Valerie Plame Wilson identity leak case (see December 30, 2003) become intensely interested in a 2003 State Department memo (see June 10, 2003) detailing how former ambassador Joseph Wilson—Plame Wilson’s husband—was chosen to journey to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002). The memo also sheds light on the role Wilson’s wife played in his selection. Prosecutors are trying to learn whether White House officials learned of Plame Wilson’s identity from the memo, if any officials then leaked her name to the press, and if those officials were truthful in their testimony about the memo. It is possible that the memo could show that the State Department told the White House of Plame Wilson’s identity as an undercover CIA agent before July 6, 2003, when Wilson publicly lambasted the Bush administration’s justification for war with Iraq in a New York Times op-ed (see July 6, 2003). It is as yet unclear who actually saw the memo, or whether it was the original source of information for whoever gave Plame Wilson’s name to conservative columnist Robert Novak (see July 8, 2003). Former White House spokesman Ari Fleischer is also a person of interest in the investigation. Prosecutors want to know how much detailed information he had about the State Department memo. [New York Times, 7/16/2005]

Entity Tags: Valerie Plame Wilson, Ari Fleischer, US Department of State, Bush administration (43), Robert Novak, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Haroon Rashid Aswat, the alleged mastermind of the 7/7 London bombings (seee July 7, 2005), is reportedly arrested in Pakistan, but accounts conflict. For instance, on July 21, The Guardian reports that Aswat was arrested in the small town of Sargodha, near Lahore, on July 17. He is said to be found carrying a belt packed with explosives, a British passport, and lots of money. Pakistan’s Interior Minister Aftab Khan Sherpao and Information Minister Sheikh Rashid Ahmed deny that the arrest took place. However, The Guardian reports, “Intelligence sources insisted, however, that Mr Aswat had been detained.” [Guardian, 7/21/2005] It is soon reported that Aswat has been arrested in the African country Zambia (see (July 21, 2005)), and news of his arrest in Pakistan fades away. Officials claim that the arrest was a case of mistaken identity and the person “arrested was in fact a ceramics salesman from London with a similar name.” However, it is not explained how or why a ceramics salesman had a suicide vest, what his name was, or what happened to him. [Los Angeles Times, 7/28/2005; Sunday Herald (Glasgow), 7/31/2005] Yet as late as July 24, a “US law-enforcement official with knowledge of the case” continues to insist that Aswat had been arrested in Pakistan. [Seattle Times, 7/24/2005] Counterterrorism expert John Loftus will later claim that Aswat in fact has been an informant for the British intelligence agency MI6. He will point to Aswat’s arrest and then quick release in Pakistan as an example of how MI6 was attempting to protect Aswat even as other branches of the British government were trying to find him (see July 29, 2005). [Fox News, 7/29/2005]

Entity Tags: Haroon Rashid Aswat, Aftab Khan Sherpao, Sheikh Rashid Ahmed, John Loftus

Timeline Tags: Complete 911 Timeline

Anti-abortion extremist Eric Rudolph (see April 14, 2005), whose bombings cost the lives of two people and injured several more, receives four life sentences for his actions. He pled guilty to multiple bombings in return for the death penalty being removed from consideration. One of his victims, nurse Emily Lyons, calls Rudolph a “monster” and a “coward,” and says he deserves death for what he did (see January 29, 1998). Felicia Sanderson, whose husband was slain in the same bombing that maimed Lyons, tells the court: “I want to tell you there is no punishment in my opinion great enough for Eric Rudolph. When Eric Rudolph leaves this earth and has to face final judgment, I’m going to leave the final judgment in God’s hand.” For his part, Rudolph uses the sentencing hearing to lambast abortion clinics and the practice of abortions. The clinics deserved to be bombed, he says, because “[w]hat they did was participate in the murder of 50 children a week. Abortion is murder and because it is murder I believe deadly force is needed to stop it.… Children are disposed of at will. The state is no longer the protector of the innocence [sic].” The director of the Alabama clinic bombed by Rudolph says, “It gives me great delight to know you are going to spend the rest of your life sitting in an 8-by-12 box.” [Associated Press, 7/18/2005]

Entity Tags: Felicia Sanderson, Emily Lyons, Eric Robert Rudolph

Timeline Tags: US Health Care, US Domestic Terrorism

In an interview with CNN, Mohamed el-Amir, the father of 9/11 hijacker Mohamed Atta, says he would like to see more attacks like the 7/7 2005 London bombings (see July 7, 2005). CNN reports, “El-Amir said the attacks… were the beginning of what would be a 50-year religious war, in which there would be many more fighters like his son.” He even demands, without success, $5,000 for an interview with another CNN crew and tells CNN that the money would be used to fund another attack on London. The security guard for the apartment building where el-Amir lives says el-Amir was under surveillance by Egyptian agents for several months after the 9/11 attacks, but no one had been watching him recently. [CNN, 7/20/2005] Several days after the 9/11 attacks, he claimed to have been contacted by Atta the day after 9/11 (see September 19, 2001).

Entity Tags: Mohamed Atta, Mohamed el-Amir

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Clockwise, from top left: Muktar Ibrahim,  Ramzi Mohammed, Hussain Osman, and Yassin Omar.Clockwise, from top left: Muktar Ibrahim, Ramzi Mohammed, Hussain Osman, and Yassin Omar. [Source: Metropolitan Police]Four men attempt to carry out bomb attacks to disrupt part of London’s public transport system two weeks after the July 7, 2005 London bombings (see July 7, 2005). The attempted explosions occur around midday at Shepherd’s Bush, Warren Street, and Oval stations on London Underground, and on a bus in Shoreditch. A fifth bomber dumps his device without attempting to set it off. The target are three Tube trains and a bus, as on 7/7, but the devices fail to explode properly. The men are identified as Muktar Ibrahim, 29, Yassin Omar, 26, Ramzi Mohammed, 25, and Hussain Osman, 28. [BBC, 7/11/2007] These events follow a period of high anxiety and alert for London’s citizens and emergency services alike. The four men, all originating in east Africa and arriving in Britain in the 1990s, stocked up on large quantities of hydrogen peroxide from hairdressing suppliers and used Omar’s flat in New Southgate as a bomb factory. The devices, designed to fit into rucksacks, were made of a hydrogen peroxide and chapatti flour mixture. The bombs all fail to explode properly and the four men subsequently escape. Police say that dozens of people could have been killed had the bombs detonated properly. The escape of the men sparks Britain’s largest manhunt in history. Mohammed and Ibrahim are captured a week later in west London. Omar is arrested in Birmingham, having disguised himself as a woman in a burka, while Osman is arrested in Rome and extradited to Britain. [BBC, 7/10/2007] Two days later, another bomb of similar construction is found and detonated by police in Little Wormwood Scrubs, a park. Police say that it appears that the bomb was dumped there, rather than hidden. This prompts the search for a fifth suspect. [BBC, 7/23/2005]

Entity Tags: Muktar Ibrahim, Hussain Osman, Ramzi Mohammed, Yassin Omar

Timeline Tags: Complete 911 Timeline

Jean Charles de MenezesJean Charles de Menezes [Source: The Independent]Brazilian Jean Charles de Menezes, 27, is shot seven times in the head and once in the shoulder at Stockwell Tube station, south London. Police had mistaken him for a suicide bomber. Stockwell passenger Mark Whitby describes the scene: “One of them was carrying a black handgun - it looked like an automatic - they pushed him to the floor, bundled on top of him and unloaded five shots into him.” [BBC, 7/22/2005] Initial reports indicate that de Menezes was challenged and refused to obey an order to stop. Metropolitan Police Commissioner Sir Ian Blair says the shooting is “directly linked” to the ongoing London bombs inquiry and manhunt spurred by the previous day’s attempted terror attacks (see July 21, 2005). Other early reports say that de Menezes was wearing a heavy coat despite the fact that it was a very warm day, had vaulted the barrier, and attempted to run onto a Tube train. Later reports contradict all of these claims. In addition, police claim that there is an absence of CCTV footage of the pursuit and shooting. The Independent Police Complaints Commission investigation following the shooting is able to establish a probable timeline of events. A police surveillance team was assigned to monitor the Tulse Hill area where de Menezes lived, as evidence linked it to the July 21 attacks. Upon exiting the building on the day of the shooting, de Menezes was identified as a possible suicide bomber by the surveillance unit and followed to the Tube station. The police were under strict orders not to allow any potential bombers on to a train and so a quick decision was made to perform an armed “hard stop.” The unarmed surveillance officers subsequently had to call in an armed response team. By the time the armed unit arrived, de Menezes, wearing a light denim jacket, had paid for his Tube travel and was walking down towards the train. Eyewitnesses described men leaping the barriers and rushing down the stairs towards the same area. Other witnesses put other possible plainclothes officers on the train, searching for the suspect. Once de Menezes had been spotted, the officers, out of radio contact with their superiors on the surface, made their decision quickly. New training had advised officers that it was crucial not to allow a suspect any time to detonate a device and that shots to the chest could cause a bomb to explode. This training instructed officers to wear plain clothes, not identify themselves until the last possible moment, and to aim for the head. The officers in the Tube station chased de Menezes on to the train, pinned him down and shot him. [Guardian, 8/14/2005] Prime Minister Tony Blair says he is “desperately sorry” about the shooting and expresses Britain’s “sorrow and deep sympathy” to the de Menezes family. He also says the police must be supported in doing their job. London Mayor Ken Livingstone says, “Consider the choice that faced police officers at Stockwell last Friday - and be glad you did not have to take it.” The de Menezes family retain legal counsel and consider suing Scotland Yard. [BBC, 7/25/2005] On November 1, 2007, prosecutors accuse the Metropolitan Police Service of “shocking and catastrophic error” during a trial at London’s Old Bailey Central Criminal Court. They say that police had criminally endangered the public, first by allowing a man they believed was a bomber to board an underground train, then by shooting him at point blank range. A jury convicts the police of a single charge of breaching health and safety rules which require it to protect the public. Judge Richard Henriques says “No explanation has been forthcoming other than a breakdown in communication. It’s been clear from the evidence that the surveillance team never positively identified Mr. De Menezes as a suspect.” The force is fined £175,000 and ordered to pay legal costs of £385,000. No individual officers are punished over the shooting, the Crown Prosecution Service having decided last year there was insufficient evidence to charge any individual with crimes. Police Chief Sir Ian Blair faces calls to resign, including from the opposition Conservative and Liberal Democrat parties. He is however supported by Prime Minister Gordon Brown. Interior Minister Jacqui Smith says “The Commissioner and the Metropolitan Police remain in the forefront of the fight against crime and terrorism. They have my full confidence and our thanks and support in the difficult job that they do.” Blair says the conviction does not represent “systemic failures” in the police force and that he will not quit over events “of a single day in extraordinary circumstances.” The de Menezes family’s representatives say they are pleased at the conviction but call for an open inquest at which they could present evidence, and for manslaughter charges to be brought against individual officers. [Reuters, 11/1/2007] A week later, renewed calls for Blair’s resignation come from the Independent Police Complaints Commission, who find he was responsible for “avoidable difficulty” following the killing of de Menezes. The report reveals that prosecutors considered and rejected murder charges against the two officers who fired the fatal shots, as well as charges of gross negligence against Assistant Metropolitan Police Commissioner Cressida Dick, who was in charge of the operation. IPCC chairman Nick Hardwick says “Very serious mistakes were made that could and should have been avoided. But we have to take the utmost care before singling out any individual for blame.” The report highlights a series of failings, including poor communication between officers and Blair’s initial attempts to block inquiries into the shooting. [Irish Times, 11/8/2007]

Entity Tags: Nick Hardwick, Richard Henriques, Mark Whitby, Tony Blair, Ken Livingstone, Metropolitan Police Service, Jacqui Smith, Cressida Dick, Gordon Brown, Jean Charles de Menezes, Independent Police Complaints Commission, Ian Blair

Timeline Tags: Complete 911 Timeline

The Telegraph reports that Pakistani officials believe Mohammad Sidique Khan, the lead suicide bomber in the 7/7 London bombings (see July 7, 2005), spent much of his time during his trips to Pakistan with an al-Qaeda operative named Mohammed Yasin, a.k.a. Ustad Osama. Yasin is said to be an explosives specialist also linked to the Pakistani militant group Harkat ul-Jihad al-Islami (which in turn is related to the Harkat ul-Mujahedeen group). He is based in the training camps near the Afghan-Pakistani frontier and is reputed to be an expert at manufacturing “suicide jackets.” Yasin was included on a Pakistani government list of 70 “most wanted” terrorists in December 2003. [Dawn (Karachi), 12/31/2003; Sunday Telegraph, 7/23/2005]

Entity Tags: Mohammed Yasin, Harkat ul-Jihad al-Islami, Mohammad Sidique Khan

Timeline Tags: Complete 911 Timeline

Senator John McCain (R-AZ) introduces an amendment to the annual legislation to fund the Defense Department. McCain’s amendment, co-sponsored by Senate Armed Services Committee chairman John Warner (R-VA) and Senator Lindsey Graham (R-SC), a former military lawyer, states that military interrogators cannot exceed the limits on detainee treatment set forth in the US Army Field Manual. In essence, the amendment would prohibit the use of harsh interrogation techniques that many, including McCain, feel constitute torture. The Field Manual limits were specifically written to comply with the Geneva Conventions. The amendment also prohibits US officials, including CIA agents, from inflicting not just torture but any form of “cruel, inhuman, and degrading treatment” on anyone in their custody, no matter where in the world the prisoner is being kept. The amendment, later known as the McCain Amendment or the McCain Torture Ban, becomes the subject of fierce, largely private negotiations between McCain and the White House. Vice President Cheney quickly lobbies friendly Republicans in Congress to oppose the amendment, and has private meetings with Warner and McCain. At Cheney’s behest, Senate Majority Leader Bill Frist (R-TN) withdraws the entire bill from consideration rather than allow it to pass with the McCain amendment attached. [Savage, 2007, pp. 220-221]

Entity Tags: Geneva Conventions, Bill Frist, Central Intelligence Agency, Detainee Treatment Act, Richard (“Dick”) Cheney, John McCain, US Department of Defense, Lindsey Graham, John W. Warner

Timeline Tags: Civil Liberties

In the wake of the 7/7 London bombings earlier in the month (see July 7, 2005), it is revealed that at least some of the suicide bombers in that attack had trained in Pakistan’s tribal regions. For instance, Mohammad Sidique Khan, considered the head of the bomber group, trained in the tribal regions in 2003 and 2004 and met with al-Qaeda leaders. But on July 25, 2005, Pakistani President Pervez Musharraf downplays such links. He says, “Our… law enforcement agencies have completely shattered al-Qaeda’s vertical and horizontal links and smashed its communications and propaganda setup.… It no longer has any command, communication, and program structure in Pakistan. Therefore it is absolutely baseless to say that al-Qaeda has its headquarters in Pakistan and that terror attacks in other parts of the world in any way originate from our country.” [Rashid, 2008, pp. 279, 442] Director of National Intelligence (DNI) John Negroponte will make those exact claims six months later (see January 11, 2007).

Entity Tags: Al-Qaeda, Mohammad Sidique Khan, Pervez Musharraf

Timeline Tags: Complete 911 Timeline

Arianna Huffington.Arianna Huffington. [Source: Boston Globe]Liberal blogger Arianna Huffington slams the perception that New York Times reporter Judith Miller is, in Huffington’s words, “a heroic martyr, sacrificing her freedom in the name of journalistic integrity” by going to jail to protect her White House sources in the Plame Wilson leak investigation (see July 6, 2005). Huffington speculates that Miller is herself the source she is trying to protect. It was Miller, Huffington theorizes, who found out from “her friends in the intelligence community” that Plame Wilson was a covert CIA agent, and subsequently told White House official Lewis Libby of Plame Wilson’s CIA status. Miller’s motivation was to protect her own rapidly deteriorating reputation as a purveyor of manipulated and deceptive information to promote the Iraq invasion (see July 6, 2003 and July 25, 2003). “Maybe Miller tells [White House official Karl] Rove too—or Libby does. The White House hatchet men turn around and tell [reporters Robert] Novak and [Matthew] Cooper. The story gets out. This is why Miller doesn’t want to reveal her ‘source’ at the White House—because she was the source.… This also explains why Miller never wrote a story about Plame, because her goal wasn’t to write a story, but to get out the story that cast doubts on Wilson’s motives. Which Novak did” (see July 14, 2003). [Huffington Post, 7/27/2005] When Miller learns of Huffington’s article, via her lawyer Saul Pilchen, she is horrified. Pilchen, himself taken aback by Huffington’s vociferous and unsourced assertions (which Huffington called “a scenario” and not established fact), will later tell reporter Marie Brennan: “It was my first experience with the blog culture. It was astounding to me how little constraint the bloggers had. They were passing off speculation as fact, and it read to me like pure character assassination.” Miller considers the Huffington piece certainly mistaken, and possibly libelous. But, as Brennan will later observe, the discussion and debate generated by Huffington and many others in the “blogosphere” make it difficult for fellow journalists to defend Miller. Reporter Lowell Bergman, a Miller defender, will later tell Brennan that it quickly became clear that Huffington’s idea of Miller being part of a White House conspiracy “was a fantasy fed by the deep animosity of people toward Judy.… It was a surrogate for what they all wanted to do to the Bush administration.” [Huffington Post, 7/27/2005; Vanity Fair, 4/2006]

Entity Tags: Marie Brennan, Bush administration (43), Arianna Huffington, Judith Miller, Lowell Bergman, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Saul Pilchen

Timeline Tags: Niger Uranium and Plame Outing

John Loftus (right) is asked a question from an audience member while on Fox News on July 29, 2005. John Loftus (right) is asked a question from an audience member while on Fox News on July 29, 2005. [Source: Fox News]In an interview on Fox News, counterterrorism expert John Loftus claims that Haroon Rashid Aswat, named in recent reports as the mastermind of the 7/7 London bombings earlier in the month (see July 7, 2005), is actually an agent of the British intelligence agency MI6. Loftus says: “[W]hat’s really embarrassing is that the entire British police are out chasing [Aswat], and one wing of the British government, MI6 or the British Secret Service, has been hiding him. And this has been a real source of contention between the CIA, the Justice Department, and Britain.… He’s a double agent.” The interviewer clarifies, “So he’s working for the Brits to try to give them information about al-Qaeda, but in reality he’s still an al-Qaeda operative.” Loftus replies: “Yeah. The CIA and the Israelis all accused MI6 of letting all these terrorists live in London not because they’re getting al-Qaeda information, but for appeasement. It was one of those you leave us alone, we leave you alone kind of things.” Loftus then explains that Aswat has been wanted by US prosecutors in Seattle since 2002 for attempting to help set up a training camp in Oregon (see November 1999-Early 2000). “[W]e’ve just learned that the headquarters of the US Justice Department ordered the Seattle prosecutors not to touch Aswat [because] apparently Aswat was working for British intelligence. Now Aswat’s boss, the one-armed [London imam Abu Hamza al-Masri], he gets indicted two years later. So the guy above him and below him get indicted, but not Aswat. Now there’s a split of opinion within US intelligence. Some people say that the British intelligence fibbed to us. They told us that Aswat was dead, and that’s why the New York group dropped the case. That’s not what most of the Justice Department thinks. They think that it was just again covering up for this very publicly affiliated guy with [the British militant group] Al-Muhajiroun. He was a British intelligence plant. So all of a sudden he disappears. He’s in South Africa. We think he’s dead; we don’t know he’s down there. Last month the South African Secret Service come across the guy. He’s alive.” The host asks: “Yeah, now the CIA says, oh he’s alive. Our CIA says OK let’s arrest him. But the Brits say no again?” Loftus replies: “The Brits say no. Now at this point, two weeks ago, the Brits know that the CIA wants to get a hold of Haroon. So what happens? He takes off again, goes right to London. He isn’t arrested when he lands, he isn’t arrested when he leaves. [Even though] he’s on the watch list. The only reason he could get away with that was if he was working for British intelligence. He was a wanted man.” Loftus finally explains that Aswat’s relationship with British intelligence began in the late 1990s with the war in Kosovo. The US, Britain, and radical Muslims were all on the same side, helping the Muslims in Kosovo fight the Serbians. Loftus says that Al-Muhajiroun was involved in recruiting British Muslims to fight in Kosovo, and Aswat was part of that effort. [Fox News, 7/29/2005] Two days after Loftus’s comments, the Sunday Times reports that senior British officials “deny ‘any knowledge’ that he might be an agent for either MI5 or MI6.” [Sunday Times (London), 7/31/2005]

Entity Tags: Al-Muhajiroun, Haroon Rashid Aswat, Abu Hamza al-Masri, UK Secret Intelligence Service (MI6), John Loftus

Timeline Tags: Complete 911 Timeline

Luai Sakra detained in Turkey.Luai Sakra detained in Turkey. [Source: Agence France-Presse]Al-Qaeda operative Luai Sakra is arrested in Turkey. He is found with false travel documents and $120,000 in cash. He had about one ton of explosives (hydrogen peroxide) stored in an apartment and fled when some of the explosives blew out the apartment’s windows. Arrested at a nearby airport, a number of passports are found revealing his true identity despite the fact that he had extensive plastic surgery. He soon confesses to planning to load the explosives onto speed boats and crash them into Israeli cruise ships docking in Turkish ports. The attack would have taken place in just a few days, possibly on August 5, 2005. [BBC, 8/13/2005; Der Spiegel (Hamburg), 8/15/2005; Der Spiegel (Hamburg), 8/24/2005; Washington Post, 2/20/2006] Apparently, Turkish intelligence had learned something about the planned attacks and warned the Israeli government. The Israeli government then issued a public warning, which seems to have tipped off the plotters, and Sakra is one of the few who gets caught. A Turkish security official complains that the Israeli warning may have “spoiled all the operation and all the militants might escape.” [Journal of Turkish Weekly, 8/15/2005] Sakra, who has been alleged to be an informant for the CIA, Syria, and Turkey (see 2000), will then reportedly make a remarkable series of confessions to Turkish interrogators (see Early August 2005).

Entity Tags: Luai Sakra

Timeline Tags: Complete 911 Timeline

Around July 21, 2005, Haroon Rashid Aswat was arrested in Zambia, and the British government soon arranged to have him quickly extradited back to Britain, since he is a British citizen. Numerous press accounts have described Aswat at the mastermind of the 7/7 London bombings (see July 7, 2005 and Late June-July 7, 2005). However, British authorities, who apparently have yet to question him, appear mysteriously uninterested in him. On July 31, the Sunday Times reports: “Scotland Yard sources say [Aswat] is not considered a priority in their criminal investigation into the July 7 and July 21 attacks. But senior [British] officials do not rule out the possibility there my be links to one or more of the bombers.” One unnamed official says, “I don’t think the evidence is conclusive either way.” Senior officials “also deny ‘any knowledge’ that he might be an agent for either MI5 or MI6.” [Sunday Times (London), 7/31/2005] The Times does not explain why officials would deny he worked for British intelligence, but on July 29, counterterrorism expert John Loftus claimed on Fox News that Aswat has had a long relationship with MI6 and they have tried to protect him from arrest (see July 29, 2005). [Fox News, 7/29/2005] On August 1, the Financial Times reports that British officials are seeking “to play down the role of Haroon Rashid Aswat… Zambian officials have agreed to extradite [him]… but British officials said they were no longer interested in interrogating him.” [Financial Times, 8/1/2005] It is not explained why officials are not at least interested in interrogating Aswat over his other suspected criminal activities. According to one article, by 2003, British officials had collected a large dossier on him and deemed him a “major terrorist threat” to Britain (see Early 2003), and in 2004 he was linked to a fertilizer bomb plot in Britain (see February 2004). Furthermore, while in custody in Zambia, he allegedly confessed to serving as Osama bin Laden’s bodyguard. [Sunday Times (London), 7/31/2005]

Entity Tags: Haroon Rashid Aswat

Timeline Tags: Complete 911 Timeline

Luai Sakra shouting to passers-by while imprisoned in Turkey.Luai Sakra shouting to passers-by while imprisoned in Turkey. [Source: Reuters]Al-Qaeda operative Luai Sakra, recently arrested in Turkey (see July 30, 2005), is interrogated for four days by police in Istanbul. He apparently freely confesses to involvement in a number of attacks and even shouts out confessions to reporters and passers-by from the window of his prison cell. [BBC, 8/13/2005]
bullet He says, “I was one of the people who knew the perpetrators of September 11, and knew the time and plan before the attacks. I also participated in the preparations for the attacks to WTC and Pentagon. I provided money and passports.” He claims to know 9/11 hijacker Mohamed Atta. Sakra lived in Germany for about a year before the 9/11 attacks (see September 2000-July 24, 2001). [Zaman, 8/14/2005; Der Spiegel (Hamburg), 8/24/2005] He also makes the claim that he helped some of the 9/11 hijackers near Bursa, Turkey, and will provide further details on this in 2007 (see Late 1999-2000). [Washington Post, 2/20/2006]
bullet Sakra claims to have co-masterminded a series of suicide bombings in Istanbul in 2003 that killed 58 people (see November 15-20, 2003). “I gave the orders, but as far as the targets, Habib Aktas made the decisions.” [Journal of Turkish Weekly, 8/13/2005]
bullet He claims to have fought for militant leader Abu Musab al-Zarqawi in Fallujah, Iraq, in 2004. In 1999, Sakra worked with al-Zarqawi to start a new Afghan training camp for Syrians and Jordanians and the two of them became friends. Sakra boasts of participating in the execution of a kidnapped Turkish truck driver in August 2004. The driver was abducted from the laundry facility on a US base in Iraq and at one point Sakra worked in the laundry service there. [Journal of Turkish Weekly, 8/13/2005; BBC, 8/13/2005; Der Spiegel (Hamburg), 8/24/2005] A US official says “We are taking very seriously reports that he was in Fallujah, and is linked with al-Zarqawi.” [United Press International, 8/17/2005] A captured aide to al-Zarqawi later confirms that Sakra was a key aide to al-Zarqawi in Fallujah beginning in March 2004 and that Sakra “provided coordinates for mortar attacks on US bases in Mosul, Samarra, Baghdad, and Anbar province.” [Washington Post, 2/20/2006]
bullet Sakra’s lawyer also claims Sakra was a member of a gang that held Kenneth Bigley, a British contractor in Iraq, for three weeks and then murdered him in October 2004. [Guardian, 4/20/2006]
bullet He claims to have had foreknowledge of the 7/7 London bombings (see July 7, 2005). He says he sent details about the attacks and who exactly took part in it to bin Laden via messenger some weeks afterwards. He also claims that he frequently communicated with bin Laden in person and by messenger. [Zaman, 8/15/2005]
bullet He claims to have sent many operatives to the US, Britain, Egypt, Syria, and Algeria to take part in various operations. [Zaman, 8/15/2005]
bullet He claims that the CIA, Syrian intelligence, and Turkish intelligence all wanted to employ him as an informant. The Turkish newspaper Zaman will conclude that Sakra likely did work for all three governments. “Sakra eventually became a triple agent for the secret services. Turkish security officials, interrogating a senior al-Qaeda figure for the first time, were thoroughly confused about what they discovered about al-Qaeda.” [Zaman, 8/14/2005] A Turkish security official will comment, “If during his trial, Sakra tells half of the information we heard from him, al-Qaeda’s real face will emerge. But what he has said so far has more to do about a formation permeated by secret services rather than the terror organization of al-Qaeda.” [Zaman, 8/15/2005]
bullet When offered a chance to pray, he surprisingly replies, “I don’t pray and I like alcohol. Especially whiskey and wine.” [Der Spiegel (Hamburg), 8/24/2005]
Der Spiegel reports, “Western investigators accept Sakra’s claims, by and large, since they coincide with known facts.” After talking to Sakra, Turkish officials suggest he may be one of the top five most important members of al-Qaeda. One security official says, “He had an intellect of a genius.” However, he also was found with medicine to treat manic-depression and exhibits manic-depressive behavior. [Zaman, 8/14/2005; Der Spiegel (Hamburg), 8/24/2005] Sakra will later be sentenced to life in prison (see March 21, 2006-February 16, 2007) for his self-confessed role in the 2003 Istanbul bombings (see November 15-20, 2003).

Entity Tags: Abu Musab al-Zarqawi, Habib Aktas, Mohamed Atta, Luai Sakra

Timeline Tags: Complete 911 Timeline

A man thought to be al-Qaeda second-in-command Ayman al-Zawahiri releases a new video mentioning the recent London bombings (see July 7, 2005) and threatening more attacks unless the West withdraws from Iraq. He calls the 9/11 attacks “initial clashes” and warns the US, “If you go on with the same policy of aggression against Muslims, you will see, with God’s will, what will make you forget the horrible things in Vietnam and Afghanistan.” Regarding the 7/7 bombings in Britain, the man thought to be al-Zawahiri does not directly take credit for them, but says, “Blair has brought to you destruction in central London, and he will bring more of that, God willing,” adding, “As to the nations of the crusader alliance, we have offered you a truce if you leave the land of Islam.” The tape, which is five minutes long, was left at an unspecified Al Jazeera office. This is reportedly the seventh video or audio tape released by al-Zawahiri since 9/11. He sits in front of a woven cloth that moves during the video, presumably with the wind, indicating the tape was made outdoors. [Fox News, 8/5/2005]

Entity Tags: Ayman al-Zawahiri

Timeline Tags: Complete 911 Timeline

Two lobbyists for the American Israel Public Affairs Committee (AIPAC), Steven Rosen and Keith Weissman, are indicted for crimes relating to their role in passing classified US government information to Israel (see April 13, 1999-2004). They are charged with conspiring “to communicate national defense information [to] persons not entitled to receive it,” applicable under the Espionage Act. Their charges are similar to those filed against former government employee Larry Franklin, their contact (see October 5, 2005). National security expert Eli Lake will call the charges against Rosen and Weissman “unprecedented,” noting that for them to face the same charges as Franklin puts them—two private citizens—under the same obligation as Franklin, a government official, to keep secret any classified information they might acquire. Lake will write: “[I]f it’s illegal for Rosen and Weissman to seek and receive ‘classified information,’ then many investigative journalists are also criminals—not to mention former government officials who write for scholarly journals or the scores of men and women who petition the federal government on defense and foreign policy. In fact, the leaking of classified information is routine in Washington, where such data is traded as a kind of currency. And, while most administrations have tried to crack down on leaks, they have almost always shied away from going after those who receive them—until now. At a time when a growing amount of information is being classified, the prosecution of Rosen and Weissman threatens to have a chilling effect—not on the ability of foreign agents to influence US policy, but on the ability of the American public to understand it.” [US v. Franklin, Rosen, and Weissman Criminal No. 1:05CR225, 8/4/2005 pdf file; New Republic, 10/10/2005; Savage, 2007, pp. 174] Months later, Attorney General Alberto Gonzales will say that journalists and other private citizens can be prosecuted for leaking classified information (see May 21, 2006). Almost four years later, the charges against Rosen and Weissman will be dropped (see May 1, 2009).

Entity Tags: Keith Weissman, Steven Rosen, American Israel Public Affairs Committee, Larry Franklin, Eli Lake

Timeline Tags: US confrontation with Iran

A photograph of Doug Hanks (left) attending a March 2005 protest of the removal of the Confederate Battle Flag in Charlotte.A photograph of Doug Hanks (left) attending a March 2005 protest of the removal of the Confederate Battle Flag in Charlotte. [Source: Pam's House Blend (.com)]A candidate for Charlotte, North Carolina’s city council drops out of the race after the press learns that he has posted over 4,000 comments to the white supremacist Web site Stormfront (see March 1995). Doug Hanks, seeking the Republican nomination for one of four at-large council seats, claims the postings were fictional and designed to win white supremacists’ trust as he researched a novel he was writing. He says the book was also meant to appeal to white supremacists. “I needed information for the book and some other writings I was doing,” Hanks tells a reporter. “I did what I thought I needed to do to establish myself as a credible white nationalist.” In one June 1, 2005 posting, he said that blacks should be treated like “rabid beasts.” Hanks says his self-published novel, called Patriot Act, takes themes from The Turner Diaries, (see 1978), an inflammatory “future history” novel that tells of a white supremacist overthrow of the US government and the genocidal extermination of minorities thereafter. On his Web site, he describes himself as a general contractor, author, model, and actor. Mark Pellin, the editor of the weekly Rhinoceros Times who interviewed Hanks, says Hanks never mentioned a book during their interview: “At no point did he indicate that it had anything to do with a persona he took on or was researching for the book. He tried to explain the quotes as they were for heritage, not hate.” Hanks continued posting on Stormfront well after the book was published. Hanks says: “I was asked to write a column here and there. But what I should have done when I began running for office was to separate the two. Unfortunately, it has blown up in my face.” [Pam Spaulding, 8/5/2005; Associated Press, 8/6/2005]

Entity Tags: Mark Pellin, Stormfront (.org), Doug Hanks

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Iraq under US Occupation

Haroon Rashid Aswat, arrested in Zambia around July 21, 2005 (see (July 21, 2005)), is extradited from Zambia back to Britain. Aswat is a British citizen and spent most of his life there until disappearing several years earlier. Numerous media accounts refer to him as the mastermind of the 7/7 London bombings (see July 7, 2005 and Late June-July 7, 2005), but British authorities seem mysteriously uninterested in him (see Late July 2005 and After). Even as he arrives in Britain and has yet to be questioned about any role in the 7/7 bombings, officials make clear that they have no intention of charging him for any crime. Instead, they plan to extradite him to the US, as the US has just issued a warrant for his arrest relating to his efforts to help start a militant training camp in Oregon in 1999 (see November 1999-Early 2000). Briefly appearing in court upon his arrival in Britain, Aswat denies any terrorism link and says he does not want to be extradited to the US. He is immediately placed in Belmarsh Prison, Britain’s highest security jail. [London Times, 8/8/2005]

Entity Tags: Haroon Rashid Aswat

Timeline Tags: Complete 911 Timeline

Lawyers refile a civil suit against Secretary of Defense Donald Rumsfeld on behalf of “enemy combatant” Ali Saleh Kahlah al-Marri, who has been in US custody since late 2001 (see December 12, 2001) and was designated as an enemy combatant a year and a half later (see June 23, 2003). Al-Marri is asking the federal district court in South Carolina to declare unconstitutional what he, through his lawyers, calls the severe and unnecessary deprivations and restrictions to which he has been subjected since he was placed in military custody. Al-Marri had already filed a suit challenging the legality of his detention on habeas corpus grounds, a lawsuit that was ultimately dismissed (see October 4, 2004). Human Rights Watch director Jamie Fellner says: “It is bad enough that al-Marri has been held indefinitely without charges and incommunicado. Now we learn that his life in the brig has also been one of cruelty and petty vindictiveness.” [Human Rights Watch, 8/8/2005]
Allegations of Cruel Treatment - Al-Marri is currently the only known person designated as an enemy combatant still in legal limbo. He has been in solitary confinement since his December 2001 arrest, and in Guantanamo since mid-2003. Al-Marri was sent to the Charleston, South Carolina Naval brig once he was designated as an enemy combatant, isolated in a lightless cell hardly larger than a closet, and since then, his lawyers say, he has been subjected to deprivations of the most basic kinds, including shoes, socks, blankets, toilet paper, toothpaste, and sunlight. Sometimes he is denied water. During the day his mattress is removed. His captors often turn the temperature down in his cell to near-freezing conditions, but do not give him extra clothes or blankets. He is provided three short “recreation” sessions a week—in handcuffs and leg irons—but those are often denied him. He is allowed three showers a week, again in handcuffs and leg irons. He has been denied access to medical care. A devout Muslim, he is not given the basic necessities for religious observances—his captors even refuse to tell him which way to face towards Mecca, an essential element of daily devotions. Letters from his wife and children are heavily censored. Privileged notes he has written to his lawyer have been confiscated and not returned. He is subjected to constant video surveillance. He was repeatedly interrogated, his lawyers say, but has not been interrogated for a year. His captors have repeatedly threatened his family, telling him that he would be sent to Egypt or Saudi Arabia, where he would be tortured and sodomized and his wife raped in front of him. According to the lawsuit, his captors falsely told him that, because of him, his father and four of his brothers were in jail, and that if he cooperated, they would be released.
Commentary - “Mr. al-Marri has been detained at a naval brig for two-and-a-half years in cell that is 9 feet by 6 feet,” says law professor Jonathan Hafetz, who will become one of al-Marri’s lawyers. “During that time he has long been denied books, news, any contact with the outside world other than his attorneys, including his wife and five children, who he has neither seen nor spoken to. I mean things that we don’t even do to people who’ve been convicted of crimes.” Fellner says: “It’s the combination of restrictions imposed on al-Marri that offends basic norms of decency. There is no security justification for them. The Pentagon apparently believes it can hold him under any conditions they choose for as long as they choose.” [Human Rights Watch, 8/8/2005; Associated Press, 8/9/2005; Al-Marri v. Rumsfeld, 8/9/2005 pdf file; CNN, 12/13/2005]
Military Denies Mistreatment - The military denies that al-Marri has been mistreated. [CNN, 12/13/2005] Defense spokesman Navy Lieutenant Commander J. D. Gordon says in 2007, “The government in the strongest terms denies allegations of torture, allegations made without support and without citing a shred of record evidence. It is our policy to treat all detainees humanely.” [Progressive, 3/2007]

Entity Tags: Jamie Fellner, Bush administration (43), Ali Saleh Kahlah al-Marri, Donald Rumsfeld, J.D. Gordon, US Department of Defense, Mohammed al-Marri, Human Rights Watch, Jonathan Hafetz

Timeline Tags: Torture of US Captives, Civil Liberties

The outgoing Saudi ambassador to Britain, Prince Turki al-Faisal, criticizes the Blair government over its lack of response to terrorism and says that MI5 is hampering efforts to clamp down. Prince Turki describes his experience: “When you call somebody, he says it is the other guy. If you talk to the security people, they say it is the politicians’ fault. If you talk to the politicians, they say it is the Crown Prosecution Service. If you call the Crown Prosecution service, they say, no, it is MI5. So we have been in this runaround…” Turki particularly criticizes the government’s failure to act against Saad al-Fagih of the movement for Islamic Reform in Arabia and Mohammed al-Massari. Al-Fagih is accused of being involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998) and a plot to assassinate King Abdullah of Saudi Arabia. [London Times, 8/10/2005]

Entity Tags: Turki al-Faisal, UK Security Service (MI5), Mohammed al-Massari, Saad al-Fagih

Timeline Tags: Complete 911 Timeline

Prince Bandar, Saudi ambassador to the US since 1983, steps down and is replaced by Prince Turki al-Faisal. It is said that Prince Bandar had been suffering health problems and is not close to the new Saudi King Abdullah (see August 1, 2005). Prince Turki was Saudi intelligence minister from the late 1970s until about one week before 9/11 (see August 31, 2001). Then he served three years as Saudi ambassador to Britain. Prince Turki has had a controversial past. He was considered a mentor to bin Laden, and encouraged him to represent Saudi Arabia in the Afghanistan war against the Soviet Union. There are allegations that Prince Turki took part in a series of secret meetings between bin Laden and the Saudis over a period of many years (see Summer 1991; May 1996; Spring 1998; June 1998; July 1998; July 4-14, 2001). There are also allegations that he went falcon hunting in Afghanistan with bin Laden during much of the 1990s (see 1995-2001). In the wake of his appointment as ambassador, US officials try to downplay his past. One unnamed US official says, “Yes, he knew members of al-Qaeda. Yes, he talked to the Taliban. At times he delivered messages to us and from us regarding Osama bin Laden and others. Yes, he had links that in this day and age would be considered problematic, but at the time we used those links.” The official adds that Prince Turki seems to have “gotten out of that business” since 2001 and “he understands that times have changed.” He was sued in 2002 by a group of 9/11 victims’ relatives for allegedly supporting al-Qaeda, but his name was dropped from the suit because of diplomatic immunity (see August 15, 2002). [New York Times, 7/21/2005]

Entity Tags: Osama bin Laden, Bandar bin Sultan, Al-Qaeda, Turki al-Faisal

Timeline Tags: Complete 911 Timeline

Both towers of the World Trade Center tilted to one side before beginning to fall on 9/11 (see 9:59 a.m. September 11, 2001 and 10:28 a.m. September 11, 2001). The National Institute of Standards and Technology, which investigated the collapses (see August 21, 2002), states that the South Tower, which was hit on its south side, tilted about 7-8 degrees to the east and 3-4 degrees to the south, and the North Tower, which was hit on its north side, tilted about 8 degrees to the south, before starting to fall. [National Institute of Standards and Technology, 9/2005, pp. 300, 308 pdf file] However, these findings are criticized by Canadian scientist Frank Greening. After examining photo and video evidence, Greening says that the South Tower tilted by no more than two degrees and the North Tower by no more than three degrees before collapse initiation. Greening also says that the tilt angles NIST gives cannot correspond to the downward movement of the towers’ walls NIST claims before they started to fall, and points out that the tilt angles NIST uses are inconsistent throughout its reports. Though Greening agrees with NIST that the towers were destroyed by the plane impacts and fire damage, he concludes that its computer model is “highly inaccurate and therefore of no value in explaining the demise of the Twin Towers.” [Greening, 11/2005 pdf file] Greening is a leading figure in the post-9/11 dispute over why the WTC collapsed and publishes a series of papers dealing with various aspects of the Twin Towers’ collapse. For example, a CBC documentary uses Greening for analysis of the WTC’s fall. [Canadian Broadcasting Corporation, 8/25/2005]

Entity Tags: World Trade Center, Frank Greening, National Institute of Standards and Technology

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Washington Post reports that four years after the 2001 anthrax attacks (see October 5-November 21, 2001), the FBI investigation is growing cold. [Washington Post, 9/16/2005] A New York Times article from the same day also concludes the investigation has stalled. The FBI has found itself on the defensive amid claims that they publicly smeared Steven Hatfill when lacking other viable suspects. [New York Times, 9/16/2005]

Entity Tags: Federal Bureau of Investigation, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

William Bennett.William Bennett. [Source: Ashbrook Center, Ashland University]William Bennett, the conservative radio host, Fox News contributor, and former secretary of education under Ronald Reagan, tells his listeners that one way to drop the US crime rate would be to “abort every black baby in this country.” Bennett, who reaches a weekly audience of some 1.25 million, is apparently going off a claim in the economic treatise Freakonomics by Steven Levitt and Stephen Dubner, who argued that legalized abortion has lowered crime rates, since many aborted fetuses, growing up in poor homes and in single-parent or teenaged-parent homes, would have been more likely to commit crimes. Levitt and Dubner made no race-based claims. A caller to Bennett’s show says the national media “talk[s] a lot about the loss of revenue, or the inability of the government to fund Social Security, and I was curious, and I’ve read articles in recent months here, that the abortions that have happened since Roe v. Wade (see January 22, 1973), the lost revenue from the people who have been aborted in the last 30-something years, could fund Social Security as we know it today. And the media just doesn’t—never touches this at all.” After some back-and-forth about assumptions over how many of those aborted fetuses would have grown up to be productive citizens, speculations about costs, and Bennett’s citation of the Freakonomics claim, he says: “I do know that it’s true that if you wanted to reduce crime, you could—if that were your sole purpose, you could abort every black baby in this country, and your crime rate would go down. That would be an impossible, ridiculous, and morally reprehensible thing to do, but your crime rate would go down. So these far-out, these far-reaching, extensive extrapolations are, I think, tricky.” [Media Matters, 9/28/2005; CNN, 9/30/2005] Bennett will face heavy criticism for his remarks (see September 29-30, 2005), but in his turn will claim that he is the one owed the apology (see September 30 - October 1, 2005).

Entity Tags: Stephen Dubner, Steven Levitt, William J. Bennett

Timeline Tags: Domestic Propaganda

John Roberts.John Roberts. [Source: In These Times]John Roberts is approved by the Senate to become the new chief justice of the US Supreme Court, replacing the recently deceased William Rehnquist (see September 5, 2005). Roberts, who once clerked for Rehnquist while Rehnquist was an associate justice, also served in the Reagan Justice Department and as an associate counsel to then-President Reagan. He was deputy solicitor general in the first Bush administration. George W. Bush appointed him to the DC Circuit Court in 2001. [White House, 9/29/2005] Roberts was originally nominated to succeed the retiring Sandra Day O’Connor, but when Rehnquist died, Bush quickly withdrew the nomination for associate justice and refiled Roberts’s name for chief justice.
Characteristics and History - Roberts appeals to conservatives for a number of reasons; he has a powerful legal intellect, is soft-spoken, personable, and telegenic, and has not been outspoken about his views on issues like abortion and the right to privacy. Law professor Stephen Wermiel, who knows Roberts well, said in July that Roberts is not “somebody who… comes off as gruff or overbearing, which some people will recall was a factor in the [Robert] Bork hearings in 1987” (see July 1-October 23, 1987). Wermiel called Roberts’s nomination “a stroke of brilliance on the White House’s part.” One area of controversy surrounds Roberts’s work with Governor Jeb Bush of Florida during the bitterly contested 2000 presidential election, where Roberts helped construct the strategies used in the Bush v. Gore case that awarded George W. Bush the presidency. Another is Roberts’s membership in the Federalist Society, an organization of conservative activist judges, lawyers, and legal thinkers. A third is his advocacy, during his time with the first Bush administration, for scrapping decades of law providing for the separation of church and state in order to allow prayer in public schools. [National Public Radio, 7/20/2005] Four days before President Bush nominated him to the Court, Roberts voted in favor of upholding the Bush administration’s assertions about its wartime powers in the case of Hamdan v. Rumsfeld (see June 30, 2006), ruling that Bush need not consult Congress before setting up military commissions, and ruling that Bush is not bound by the strictures of the Geneva Convention. Liberals are unhappy with his stance against abortion, his representation as a private attorney of corporate mining interests seeking to dodge environmental regulations and of businesses trying to evade affirmative action requirements, as well as his attempts to curb environmentalists’ efforts to save endangered species. In 2007, reporter Charlie Savage will write that while progressives and liberals busily attacked Roberts for his positions on various “hot-button” issues, “[a]lmost lost amid the hubbub was” Roberts’s “unwavering commitment to the [expansion of] presidential power,” dating back to his 1980-81 clerkship under Rehnquist and his tenure as a White House lawyer under Ronald Reagan (see June-July 1983, October 1983, February 13, 1984, and May 16, 1984). [Savage, 2007, pp. 251-255]
Quick Confirmation - The Senate agreed to expedite Roberts’s confirmation process in order to allow him to preside over the next session of the Supreme Court in October, and so gave its members little time to peruse his record. Roberts sailed through the Senate Judiciary Committee hearings, and is confirmed by a 78-22 vote. Roberts hit a brief snag when he divulged that he had met with Attorney General Alberto Gonzales just six days before hearing oral arguments in the Hamdan case, had met with Vice President Cheney and a select coterie of top White House officials while considering his verdict, and had met with Bush for the president’s final approval on the Court nomination the same day that he handed down his favorable ruling. Though 22 Democrats vote against his confirmation, because Roberts’s ascension to the Court does not change the ideological balance among the nine justices (Roberts is replacing the equally conservative Rehnquist), Senate Democrats decided not to filibuster his nomination. [Dean, 2007, pp. 154-155; Savage, 2007, pp. 252]

Entity Tags: US Department of Justice, Stephen Wermiel, Senate Judiciary Committee, Federalist Society, George W. Bush, Charlie Savage, John G. Roberts, Jr, US Supreme Court

Timeline Tags: Civil Liberties

Azhari Husin.Azhari Husin. [Source: Public domain]According to the 2007 edition of a book about the Mossad entitled “Gideon’s Spies,” shortly after the 7/7 London subway bombings (see July 7, 2005), the British domestic intelligence agency MI5 gathers evidence that a senior al-Qaeda operative known only by the alias Mustafa traveled in and out of England shortly before the 7/7 bombings. For months, the real identity of Mustafa remains unknown. But in early October 2005, the Mossad tells MI5 that this person actually was Azhari Husin, a bomb making expert with Jemaah Islamiyah, the main al-Qaeda affiliate in Southeast Asia. Husin used to study in Britain and reports claim that he met the main 7/7 bomber, Mohammad Sidique Khan, in late 2001 in a militant training camp in the Philippines (see Late 2001). Meir Dagan, the head of the Mossad, apparently also tells MI5 that Husin helped plan and recruit volunteers for the bombings. The Mossad claims that Husin may have been in London at the time of the bombings, and then fled to al-Qaeda’s main safe haven in the tribal area of Pakistan, where he sometimes hides after bombings. Husin will be killed in a shootout in Indonesia in November 2005. [Thomas, 2007, pp. 520, 522] Later official British government reports about the 7/7 bombings will not mention Husin.

Entity Tags: UK Security Service (MI5), Jemaah Islamiyah, Meir Dagan, Mohammad Sidique Khan, Azhari Husin, Israel Institute for Intelligence and Special Tasks (Mossad)

Timeline Tags: Complete 911 Timeline

In their book The Next Attack, Daniel Benjamin, a fellow at the Center for Strategic and International Studies, and co-author Steven Simon write that neoconservative Laurie Mylroie’s theories about Iraq being behind every terrorist attack on the US since 1993 (see October 2000 and September 12, 2001) are simply unbelievable. They write: “Mylroie’s work has been carefully investigated by the CIA and the FBI.… The more knowledgeable analysts and investigators at the CIA and FBI believe that their work conclusively disproves Mylroie’s claims.” [Unger, 2007, pp. 216]

Entity Tags: Steve Simon, Center for Strategic and International Studies, Central Intelligence Agency, Laurie Mylroie, Federal Bureau of Investigation, Daniel Benjamin

Timeline Tags: Complete 911 Timeline

Defense Department analyst Larry Franklin pleads guilty to passing government secrets to two employees of a pro-Israel lobbying group and to an Israeli government official, a violation of the Espionage Act. He is later sentenced to 12 and a half years in prison. [Washington Post, 10/6/2005; Washington Post, 1/21/2006; Savage, 2007, pp. 173] Franklin, an Iran specialist, gave details of US policy towards Iran to Steven Rosen and Keith Weissman, two members of AIPAC (American Israel Public Affairs Committee) which the Washington Post calls “one of Washington’s most influential lobbying organizations.” He also admits to giving classified information directly to Naor Gilon, chief of political affairs at the Israeli Embassy in Washington. Gilon returned to Israel, but Rosen and Weissman have been charged in what prosecutors claim was a conspiracy to obtain and illegally pass classified US information to foreign officials and news reporters. Franklin reportedly has been cooperating with investigators in return for a relatively lenient sentence. [Washington Post, 10/6/2005; Washington Post, 1/21/2006] It appears that Franklin was caught by accident in 2003 as part of a larger FBI investigation into Israeli spying that began in 2001 (see September 9, 2001). Investigators had been monitoring Gilon and were reportedly “floored” to watch Franklin sit down and eat lunch with him. [United Press International, 12/9/2004]

Entity Tags: Naor Gilon, Keith Weissman, American Israel Public Affairs Committee, Larry Franklin, Steven Rosen

Timeline Tags: US confrontation with Iran, Complete 911 Timeline

Dulmatin.Dulmatin. [Source: Rewards for Justice]The US announces a $10 million reward for information leading to the arrest of Dulmatin, a leader of Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia. A $1 million reward is also offered for Umar Patek, who apparently is a little-known aide to Dulmatin. The reward for Dulmatin is as large as any other cash reward the US has offered for any al-Qaeda linked figure, except for $25 million rewards for Osama bin Laden, Ayman al-Zawahiri, and Abu Musab al-Zarqawi. Dulmatin is believed to have been one of the masterminds of the 2002 Bali bombings (see October 12, 2002). Since then, it is believed that he is hiding out in the Philippines and has not been linked to any other bombings. [Associated Press, 10/7/2005] The announcement is met with puzzlement in Indonesia, because it comes just six days after a second set of bombings in Bali (see October 1, 2005), and Dulmatin has no known role in those bombings. However, Azhari Husin and Noordin Mohammed Top were quickly found to be the masterminds of the bombings. Furthermore, Husin and Top have been named as masterminds to the 2002 Bali bombings and every major bombing in Indonesia since then, including the 2003 Marriott Hotel bombing (see August 5, 2003) and the 2004 Australian embassy bombing (see September 9, 2004). Later in the month, Hank Crumpton, the State Department’s coordinator for counterterrorism, is asked by an Indonesian journalist why cash rewards have been given for Dulmatin and even Patek but not Husin or Top. Crumpton replies, “We believe [Dulmatin] is a threat to the region,” but he declines to be more specific or to explain why there were no rewards for Husin or Top. [New York Times, 10/19/2005] Husin is killed in a shootout in Indonesia one month later (see October 1, 2005). Dulmatin is listed on the US Rewards for Justice website, but he is one of only two out of the 37 suspects listed without actual rewards given for them. The other is Zulkarnaen, who is also said to be involved in the 2002 Bali bombings and 2003 Marriott Hotel bombing. [Rewards for Justice, 8/10/2007; Rewards for Justice, 8/10/2007; Rewards for Justice, 8/11/2007]

Entity Tags: Zulkarnaen, Noordin Mohammed Top, Umar Patek, Azhari Husin, Hank Crumpton, Dulmatin

Timeline Tags: Complete 911 Timeline

The Fourth Circuit Court of Appeals rules that President Bush, as commander in chief, can continue to hold Jose Padilla (see June 9, 2002), a US citizen arrested on US soil (see June 8, 2002), indefinitely as an enemy combatant. Padilla is to be treated the same as an American captured on a foreign battlefield (see June 28, 2004). The majority ruling is written by Judge J. Michael Luttig, often thought of as a potential Bush Supreme Court nominee. Luttig rules there is “no difference in principle between [Yaser Esam] Hamdi (see June 28, 2004) and Padilla.” Bush’s “powers include the power to detain identified and committed enemies such as Padilla, who associated with al-Qaeda and the Taliban regime, and who entered the United States for the avowed purpose of further prosecuting [terrorism] by attacking American citizens and targets on our own soil.” Luttig ignores the fact that Padilla has never been charged, much less convicted, of any crime. When the Bush administration later charges Padilla as an ordinary criminal—and does not charge him with with any of the terrorist activities it had long alleged he had committed—many administration critics will conclude that, just as in the Hamdi case, the administration had used inflammatory rhetoric and baseless charges to obtain a judicial decision it wanted (see October 10, 2004). When Luttig learns of the administration’s actions, he will issue a supplementary opinion excoriating the White House (see December 21, 2005). [Savage, 2007, pp. 200]

Entity Tags: Jose Padilla, J. Michael Luttig

Timeline Tags: Civil Liberties

Ellen Sauerbrey.Ellen Sauerbrey. [Source: Salon]The New York Times criticizes President Bush for nominating a political crony with no expertise to a critical State Department position. Bush has nominated Ellen Sauerbrey, a Maryland Republican legislator who chaired his 2000 presidential campaign in that state, to the post of assistant secretary of state for population, refugees, and migration, a nomination the Times calls “patronage.” The Times describes the post as “coordinat[ing] the delivery of life-sustaining emergency aid to refugees of foreign wars, persecution, and natural disasters.” Sauerbrey would oversee a bureau responsible for allocating $700 million a year to private relief groups and United Nations agencies, mostly to set up refugee camps and arrange for food deliveries, protection, and other vital aid in third world countries. “Ms. Sauerbrey has no experience responding to major crises calling for international relief,” the Times notes. “This is a post for an established expert in the field.” Sauerbrey was chosen for another “patronage job” in 2002, the Times continues, as the US representative to the United Nations Commission on the Status of Women. “There she has relentlessly pressed an anti-abortion and anti-family-planning agenda at international conferences meant to focus on urgent problems like sexual trafficking and the spread of AIDS,” the Times writes. Salon will later note that during her tenure at the UN, Sauerbrey worked to scuttle international agreements that guaranteed women’s rights to reproductive health care. The Times recommends that the Senate Foreign Relations Committee block her nomination; editorial boards for a number of other newspapers also oppose her nomination. [Salon, 1/6/2005; New York Times, 10/11/2005] Sauerbrey will be granted the position as a recess appointment (see January 5, 2006).

Entity Tags: Senate Foreign Relations Committee, Ellen Sauerbrey, New York Times, US Department of State, United Nations Commission on the Status of Women, George W. Bush

Timeline Tags: US International Relations

Abdurrahman Wahid.Abdurrahman Wahid. [Source: Indonesian Embassy in the Netherlands]In an interview with the Australian public television station SBS, Abdurrahman Wahid, president of Indonesia from 1999 to 2001, suggests that the country’s military or police may have been behind the 2002 Bali bombings (see October 12, 2002). The Australian reports: “Wahid told SBS’s Dateline program that he had grave concerns about links between Indonesian authorities and terrorist groups and believed that authorities may have organized the larger of the two 2002 Bali bombings which hit the Sari Club, killing the bulk of the 202 people who died.… Asked who he thought planted the Sari Club bomb, Mr Wahid said: ‘Maybe the police… or the armed forces. The orders to do this or that came from within our armed forces, not from the fundamentalist people.’” Wahid believes the smaller bomb was indeed planted by Islamist militants. [SBS Dateline, 10/12/2005; Australian, 10/13/2005] Counterterrorism expert John Mempi also comments, “Why this endless violence [in Indonesia]? Why are there acts of terrorism year in, year out? Regimes change, governments change, but violence continues. Why? Because there is a sort of shadow state in this country. A state within a state ruling this country.” [SBS Dateline, 10/12/2005] In 2008, Imam Samudra, imprisoned and sentenced to death for being one of the Bali bombings masterminds, will make comments similar to Wahid’s. While he admits being involved in the bombings, he claims that they never meant to kill so many people. He says the second explosion was much bigger than they had expected and suggests that “the CIA or KGB or Mossad” had somehow tampered with the bomb. [Sunday Times (London), 3/2/2008]

Entity Tags: Imam Samudra, Abdurrahman Wahid, John Mempi

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

Slate’s Jacob Weisberg.Slate’s Jacob Weisberg. [Source: Paid Content (.org)]Jacob Weisberg, a senior editor of Slate magazine, warns liberals that the possible prosecution of White House official Karl Rove and/or former White House aide Lewis Libby may not be cause for celebration. “Opponents of the Bush administration are anticipating vindication on various fronts—justice for their nemesis Karl Rove, repudiation of George W. Bush’s dishonest case for the Iraq war, a comeuppance for Chalabi-loving reporter Judith Miller of the New York Times, and even some payback for the excesses of independent counsels during the Clinton years,” he writes. Weisberg calls support for the potential prosecutions “self-destructive,” and explains: “Anyone who cares about civil liberties, freedom of information, or even just fair play should have been skeptical about [special prosecutor Patrick] Fitzgerald’s investigation from the start. Claiming a few conservative scalps might be satisfying, but they’ll come at a cost to principles liberals hold dear: the press’s right to find out, the government’s ability to disclose, and the public’s right to know.” Weisberg calls the law that is at the heart of the Plame Wilson investigation, the Intelligence Identities Protection Act (IIPA), “flawed,” and the entire Fitzgerald investigation “misbegotten.” The law is difficult to use for a conviction because it requires that prosecutors prove intent to do harm. “Under the First Amendment, we have a right to debate what is done in our name, even by secret agents,” Weisberg writes. “It may be impossible to criminalize malicious disclosure without hampering essential public debate.” After calling the White House “negligent” and “stupid” for revealing Plame Wilson’s CIA status, he says that no one has shown Rove, Libby, or any other official leaked her name with the intent of causing her or her career harm. Weisberg writes: “[A]fter two years of digging, no evidence has emerged that anyone who worked for Bush and talked to reporters about Plame… knew she was undercover. And as nasty as they might be, it’s not really thinkable that they would have known. You need a pretty low opinion of people in the White House to imagine they would knowingly foster the possible assassination of CIA assets in other countries for the sake of retaliation against someone who wrote an op-ed they didn’t like in the New York Times” (see July 6, 2003). The outing of Plame Wilson was “accidental,” Weisberg claims, part of the Bush administration’s attempts to defend itself against its failure to find WMD in Iraq. Weisberg calls Fitzgerald “relentless and ambitious,” implying that he is pursuing the case for the fulfillment of his personal ambition, and says that no evidence exists of anyone breaking any laws, whether it be the IIPA, statutes against perjury or conspiracy, obstruction of justice, or anything else. Fitzgerald will indict someone for something, Weisberg states, because not to do so would seem like he failed in his investigation. Fitzgerald is sure to bring what Weisberg calls “creative crap charges of his own devising” against someone, be it a White House official or a reporter. Weisberg concludes by calling Fitzgerald’s investigation “a disaster for freedom of the press and freedom of information.” [Slate, 10/18/2005]

Entity Tags: Judith Miller, Bush administration (43), George W. Bush, Karl C. Rove, Intelligence Identities Protection Act, Patrick J. Fitzgerald, Jacob Weisberg, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The US and Britain send a team to search for the body of Osama bin Laden in the rubble of the Pakistani town of Balakot, according to the British Sunday Express newspaper. The al-Qaeda leader is thought to have been buried there following a recent earthquake. The British component comprises members of the foreign intelligence service MI6 and the SAS Special Forces unit; the Americans are US Special Forces. The team, whose deployment is approved by President Bush, is flown in from Afghanistan equipped with imagery and eavesdropping technology, high-tech weapons systems, and linguists. The search is motivated by the fact that, days before the earthquake happened, an American satellite spotted an al-Qaeda training camp in a nearby area and obtained high-resolution close-ups. A senior intelligence officer in Washington says: “One of those photos bore a remarkable resemblance to bin Laden. His face looked thinner, which is in keeping with our reports that his kidney condition has worsened.” This is a reference to the rumor that bin Laden has kidney problems (see November 23, 1996). The Sunday Express will report: “In recent weeks, both MI6 and the CIA have established that bin Laden has received a portable kidney dialysis machine from China but it requires electricity to power it. Drones, unmanned aircraft that US Special Forces launched from Afghanistan last week, have reported that the area along the border has lost all power supplies.” However, the state of bin Laden’s kidneys will still be shrouded in mystery two years later (see Late 2007). According to the report, Pakistani President Pervez Musharraf has agreed to keep other rescue teams working to locate survivors away from the border area where the search for bin Laden is concentrated. [Daily Times (Lahore), 10/20/2005] There are no reports that the search is a success. A man thought to be bin Laden will continue to release audio messages (see, for example, January 19, 2006).

Entity Tags: Special Air Service, Central Intelligence Agency, George W. Bush, Pervez Musharraf, UK Secret Intelligence Service (MI6), Osama bin Laden

Timeline Tags: Complete 911 Timeline

National Institute of Standards and Technology (NIST) releases a 12-page appendix to its final reports on the WTC collapses (see October 26, 2005) detailing tests it conducted on samples of the type of fireproofing used in the WTC. An earlier NIST report had concluded that loss of fireproofing was a major factor in the collapses (see April 5, 2005). The appendix was not included in earlier drafts of the report (see June 23, 2005) [National Institute of Standards and Technology, 6/23/2005 pdf file; National Institute of Standards & Technology, 9/2005, pp. 263-274 pdf file; National Institute of Standards and Technology, 9/2005, pp. 149] NIST conducted a series of fifteen tests. In the tests projectiles were fired at fireproofing mounted on 12 inch x 12 inch plates, and steel bars with a one inch diameter. The fireproofing used in the tests was Blazeshield DC/F, one of the two grades of fireproofing used on the impact floors. In thirteen of the tests the projectiles were buckshot, which was fired at the steel samples from a modified shotgun at a distance of 29.5 ft. The other two tests used steel bolts and hexagon nuts, fired with less velocity and at closer range. According to NIST, “The test results support the assumption that, within the debris field created by the aircraft impact into WTC 1 and WTC 2, the SFRM [i.e., fireproofing] used for thermal insulation of structural members was damaged and dislodged.” [National Institute of Standards & Technology, 9/2005, pp. 83, 263-274 pdf file]

Entity Tags: National Institute of Standards and Technology, World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The media learns that Vice President Dick Cheney and staffers from the Office of the Vice President (OVP) regularly interfered with the Senate Intelligence Committee’s 2004 report on the intelligence community’s failures to accurately assess Iraq’s WMD threat (see July 9, 2004). According to administration and Congressional sources, that interference was facilitated and encouraged by committee chairman Pat Roberts (R-KS). Cheney and the OVP members regularly intervened in the committee’s deliberations, and drastically limited the scope of the investigation.
Protecting the Bush Administration - Reporter Laura Rozen will later write, “In order to prevent the White House and the Office of the Vice President itself from ever coming under any Congressional oversight scrutiny, Cheney exerted ‘constant’ pressure on [Roberts] to stall an investigation into the Bush administration’s use of flawed intelligence on Iraq.” Cheney and the OVP also withheld key documents from the committee. Some of the withheld materials included portions of then-Secretary of State Colin Powell’s February 2003 address to the United Nations (see February 5, 2003) that were written by Cheney’s then-chief of staff, Lewis Libby, and documents that Libby used to make the administration’s case for war with Iraq. The OVP also withheld the Presidential Daily Briefing (PDB) documents: written intelligence summaries provided to President Bush by the CIA. The decision to withhold the documents was spearheaded by Cheney’s chief legal counsel and chief of staff David Addington. Much of the withheld material, and Cheney-OVP interference, was designed to keep the committee from looking into the Bush administration’s use of intelligence findings to promote the war. According to committee member John D. Rockefeller (D-WV), Cheney attended regular policy meetings in which he gave White House orders to Republican committee staffers. It is “not hearsay,” Rockefeller says, that Cheney pushed Roberts to, in reporter Jonathan Landay’s words, “drag out the probe of the administration’s use of prewar intelligence.” The committee chose to defer the second portion of its report, about the administration’s use of intelligence to propel the nation to war, until after the November 2004 elections. That portion of the report remains uncompleted.
Shifting the Blame to the White House - Reporter Murray Waas writes, “Had the withheld information been turned over, according to administration and Congressional sources, it likely would have shifted a portion of the blame away from the intelligence agencies to the Bush administration as to who was responsible for the erroneous information being presented to the American public, Congress, and the international community.” He continues: “When the [report] was made public, Bush, Cheney, and other administration officials cited it as proof that the administration acted in good faith on Iraq and relied on intelligence from the CIA and others that it did not know was flawed. But some Congressional sources say that had the committee received all the documents it requested from the White House the spotlight could have shifted to the heavy advocacy by Cheney’s office to go to war. Cheney had been the foremost administration advocate for war with Iraq, and Libby played a central staff role in coordinating the sale of the war to both the public and Congress.” [National Journal, 10/27/2005; Wilson, 2007, pp. 381]

Entity Tags: Office of the Vice President, John D. Rockefeller, George W. Bush, David S. Addington, Colin Powell, Bush administration (43), Jonathan Landay, Murray Waas, Laura Rozen, Senate Intelligence Committee, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Pat Roberts

Timeline Tags: Events Leading to Iraq Invasion

David Addington.David Addington. [Source: Richard A. Bloom / Corbis]David Addington, the chief counsel for Vice President Dick Cheney, is named Cheney’s chief of staff to replace Lewis “Scooter” Libby, who was convicted of perjury and obstruction of justice in the Valerie Plame Wilson case (see February 13, 2002). [National Journal, 10/30/2005; MSNBC, 11/4/2005] Addington is described by one White House official as “the most powerful man you never heard of.” A former Justice Department official says of Addington, “He seems to have his hand in everything, and he has these incredible powers, energy, reserves in an obsessive, zealot’s kind of way.” He is, according to former Solicitor General Theodore Olson, Cheney’s “eyes, ears, and voice.” [US News and World Report, 5/21/2006] Addington is a neoconservative ideologue committed to dramatically expanding the power of the presidency, and a powerful advocate of the “unitary executive” theory of presidential power. He has been with Cheney for years, ever since Cheney chose him to serve as the Pentagon’s chief counsel while Cheney was Defense Secretary under Ronald Reagan. During that time, Addington was an integral part of Cheney’s battle to keep the Iran-Contra scandal from exploding (see 1984). [Washington Post, 10/11/2004; National Journal, 10/30/2005; MSNBC, 11/4/2005; US News and World Report, 5/21/2006] According to Larry Wilkerson, the former chief of staff to former Secretary of State Colin Powell, documentary evidence shows that Cheney’s office, and Addington in particular, were responsible for giving at least tacit approval for US soldiers to abuse and torture prisoners in Iraq (see January 9, 2002). In an administration devoted to secrecy, Addington stands out in his commitment to keeping information away from the public. [Washington Post, 10/11/2004] Though Addington claims to have a lifelong love affair with the Constitution, his interpretation of it is somewhat unusual. One senior Congressional staffer says, “The joke around here is that Addington looks at the Constitution and sees only Article II, the power of the presidency.” [US News and World Report, 5/21/2006] Addington’s influence in the White House is pervasive. He scrutinizes every page of the federal budget, hunting for riders that might restrict the power of the president. He worked closely with Gonzales to oppose attempts by Congress to pry information from the executive branch, and constantly battles the State Department, whose internationalist philosophy is at odds with his and Cheney’s own beliefs. [Washington Post, 10/11/2004] Former Reagan Justice Department official Bruce Fein calls Addington the “intellectual brainchild” of overreaching legal assertions that “have resulted in actually weakening the presidency because of intransigence.” According to Fein, Addington and Cheney are doing far more than reclaiming executive authority, they are seeking to push it farther than it has ever gone under US constitutional authority. They have already been successful in removing executive restraints formerly in place under the War Powers Act, anti-impoundment legislation, the legislative veto and the independent counsel statute. “They’re in a time warp,” Fein says. “If you look at the facts, presidential powers have never been higher.” [Washington Post, 10/11/2004] “He thinks he’s on the side of the angels,” says a former Justice Department official. “And that’s what makes it so scary.” [US News and World Report, 5/21/2006]

Entity Tags: Saddam Hussein, US Department of State, Theodore (“Ted”) Olson, US Department of Justice, US Department of Defense, Ronald Reagan, Lewis (“Scooter”) Libby, National Security Council, Bruce Fein, Bradford Berenson, 9/11 Commission, Richard (“Dick”) Cheney, David S. Addington, John Bellinger, Jack Goldsmith, Lawrence Wilkerson, John C. Yoo, Valerie Plame Wilson

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

Mustafa Setmarian Nasar.Mustafa Setmarian Nasar. [Source: Public domain]Around this date, al-Qaeda leader Mustafa Setmarian Nasar, a.k.a. Abu Musab al-Suri, is arrested in a raid in Quetta, Pakistan. The US posted a $5 million reward for his capture in 2004. A red-haired, light-skinned Syrian citizen, he also is a citizen of Spain and long-time resident there. The raid takes place in a Quetta shop used as an office for the Madina Trust, a Pakistani charity that is linked to the Pakistani militant group Jaish-e-Mohammed. A man arrested with Nasar is believed to be a Jaish-e-Mohammed member; another man is killed in the raid. [CNN, 11/5/2005; Associated Press, 11/5/2005; Associated Press, 5/2/2006] He is believed to have taught the use of poisons and chemicals at Afghanistan training camps and he is suspected of a role in the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) and the 7/7 London bombings (see July 7, 2005). But he is best known for his strategic writings. The Washington Post calls him “one of the jihad movement’s prime theorists.” He long advocated a decentralized militant movement, and was often critical of bin Laden’s and al-Qaeda’s mistakes. He says, “Al-Qaeda is not an organization, it is not a group, nor do we want it to be. It is a call, a reference, a methodology.” He is soon flown out of Pakistan and into US custody. In 2006, US intelligence sources will claim that he is now in the secret custody of another unnamed country. [Washington Post, 5/23/2006; New Yorker, 9/4/2006] In 2006, Baltasar Garzon, a Spanish judge involved in many al-Qaeda related cases, will complain that the US has not shared any information about Nasar since his secret arrest. He adds, “I don’t know where he is. Nobody knows where he is. Can you tell me how this helps the struggle against terrorism?” [New York Times, 6/4/2006]

Entity Tags: Baltasar Garzon, Mustafa Setmarian Nasar, Al-Qaeda, Jaish-e-Mohammed

Timeline Tags: Complete 911 Timeline

A local newspaper claims this is the CIA prison in Mauritania.A local newspaper claims this is the CIA prison in Mauritania. [Source: Le Rénovateur Quotidien]Most top al-Qaeda leaders being held by the US has been in a secret CIA prison in Poland. But after the nonprofit watchdog group Human Rights Watch discloses the existence of the prisons, the prisoners are moved to a new CIA prison located in the North African nation of Mauritania. The New Yorker will report that “After a new government friendly to the US took power, in a bloodless coup d’état in August, 2005… it was much easier for the intelligence community to mask secret flights there.” [New Yorker, 6/17/2007] A Mauritanian newspaper places the prison at Ichemmimène, a town deep in the Sahara desert. [Le Rénovateur Quotidien, 6/29/2007] ABC News lists eleven prisoners making the move:
bullet Abu Zubaida (held in Thailand then Poland).
bullet Abd al-Rahim al-Nashiri (held in Poland).
bullet Ramzi bin al-Shibh (held in Poland).
bullet Khalid Shaikh Mohammed (held in Poland).
bullet Khallad bin Attash (held in Poland).
bullet Ahmed Khalfan Ghailani (held in Poland).
bullet Hassan Ghul (held in Poland).
bullet Abdul Rahim al-Sharqawi (held in Poland).
bullet Mohammed Omar Abdul-Rahman (held in Poland).
bullet Ibn al-Shaykh al-Libi (held in Pakistan then Poland).
Further, Hambali is a high level prisoner in US custody but he is being held elsewhere. [ABC News, 12/5/2005; ABC News, 12/5/2005] In 2007 Council of Europe, the European human rights monitoring agency, will reveal that the main CIA prison for high-level prisoners was in a Soviet-era military compound at Stare Kjekuty, in northeastern Poland. Lower-level prisoners from Afghanistan and Iraq were held in a military base near the Black Sea in Romania. The governments of Poland and Romania will continue to deny the existence of the prisons even after the US government admits to their existence. [New York Times, 6/8/2007] Eleven of the twelve prisoners mentioned above were subjected to the so-called “enhanced interrogation techniques” called torture by many. In 2006, Bush will announce that the CIA prisons are being emptied and high level prisoners will be transferred to the prison at Guantanamo Bay, Cuba (see September 2-3, 2006).
Some 'Ghost' Prisoners - But the list of prisoners being transferred will include some other names and will not include al-Shaykh al-Libi, Ghul, al-Sharqawi, or Abdul-Rahman. It will later come out that al-Sharqawi was probably sent to Guantanamo in late 2004 after being held in a Jordanian prison (see February 7, 2002). Ghul is a ‘ghost’ prisoner until he is turned over to the Pakistani government in 2006 (see (Mid-2006)). Al-Libi is similarly turned over to Libya (see Between November 2005 and September 2006). The fate of Abdul-Rahman remains unknown. [ABC News, 12/5/2005]

Entity Tags: Khallad bin Attash, Ramzi bin al-Shibh, Khalid Shaikh Mohammed, Central Intelligence Agency, Hambali, Abd al-Rahim al-Nashiri, Ibn al-Shaykh al-Libi, Abdul Rahim al-Sharqawi, Ahmed Khalfan Ghailani, Abu Zubaida, Mohammed Omar Abdul-Rahman

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Following a request that the CIA be exempted from a US ban on torture, claims about alleged CIA mistreatment of prisoners begin to appear in the media, apparently fueled by CIA employees unhappy with the practices the CIA is employing. On November 2, the Washington Post reveals information about the CIA’s network of secret prisons, including facilities in Europe, which is kept secret from “nearly all members of Congress charged with overseeing the CIA’s covert actions.” The rationale for the policy is that the CIA apparently needs to hold people without the restrictions imposed by the US legal system, in order to keep the country safe. Detainees are said to be tortured, and this is not only questionable under US law, but, in some cases, against the law of the host country. [Washington Post, 11/2/2005] On November 9, the New York Times reveals that in 2004, the CIA’s Inspector General secretly concluded that the CIA’s aggressive interrogation techniques in use up until that time were likely in violation of a 1994 international treaty against torture signed by the US (see May 7, 2004). [New York Times, 11/9/2005] After the network is revealed, there is much interest in what actually goes on in it and more important details are uncovered by ABC News on November 18. Apparently, the CIA’s interrogation techniques have led to the death of one detainee and include sleep deprivation, physical violence, waterboarding, and leaving prisoners in cold cells (see Mid-March 2002). The intelligence generated by these techniques is said to be questionable, and one source says: “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear.” [ABC News, 11/18/2005] Some videotapes of CIA interrogations of detainees are destroyed this same month, although what date this happens exactly is unclear (see November 2005). The CIA is also so alarmed by these revelations that it immediately closes its secret prisons in Eastern Europe and opens a new one in a remote section of the Sahara desert (see November 2005).

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Italian lawmaker Senator Massimo Brutti states that in January 2003 (see November 20, 2005) Italy’s military intelligence service, SISMI, warned the United States that its reporting (see March 25, 2002) (see October 15, 2001) (see February 5, 2002) on Iraq’s purported attempts to procure uranium from Niger were wrong. Brutti says he is not sure whether this warning was sent before or after President Bush’s 2003 State of the Union address (see 9:01 pm January 28, 2003). “At about the same time as the State of the Union address, they (Italy’s SISMI secret services) said that the dossier doesn’t correspond to the truth,” Sen. Massimo Brutti tells journalists after he and other lawmakers on a parliamentary commission were briefed by SISMI’s head, Nicolo Pollari, and Gianni Letta, a top aide to Premier Silvio Berlusconi. [Associated Press, 11/3/2005] Shortly after making the statement, Brutti calls the Associated Press and says these comments were made in error. There was no warning in January 2003, he says. He also says lawmakers were told during the briefing that Italian intelligence did not have “a role in the dossier that was supposed to have demonstrated that Iraq was in an advanced phase of possession of enriched uranium.” [Associated Press, 11/3/2005; Reuters, 11/3/2005]

Entity Tags: SISMI, Central Intelligence Agency

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

The US charges British citizen Binyam Ahmed Mohamed (see May-September, 2001), who has allegedly used the aliases Talha al-Kini, Foaud Zouaoui, Taha al-Nigeri, and John Samuel, with conspiracy to foment and carry out terrorist attacks against US targets. Mohamed, who was arrested in Pakistan in April 2002, is charged with “attacking civilians; attacking civilian objects; murder by an unprivileged belligerent; destruction of property by an unprivileged belligerent; and terrorism,” though the charge sheet is unclear whether Mohamed carried out any of these actions himself, or whether he was part of a larger conspiracy by the al-Qaeda terrorist organization. The charges allege links between Mohamed and “shoe bomber” Richard Reid (see December 22, 2001), radical Islamist Abu Zubaida, 9/11 plotter Khalid Shaikh Mohammed, and alleged “dirty bomber” Jose Padilla. Mohamed is alleged to have been part of the Padilla bomb plot. [US Defense Department, 11/4/2005 pdf file] Much of the evidence against Mohamed comes from confessions he allegedly made while in US custody at the detention camp at Bagram Air Force Base (see January-September 2004), and in Guantanamo Bay (see September 2004 and After). He was also held in Pakistan (see April 10-May, 2002 and May 17 - July 21, 2002), and “rendered” to a secret prison in Morocco (see July 21, 2002 -- January 2004). Through his lawyers, Mohamed has claimed that he was tortured in all four detention sites. The British judiciary will later establish that British officials facilitated Mohamed’s interrogation in Pakistan, and had “full knowledge of the reported conditions of his detention and treatment” (see February 24, 2009). [Guardian, 2/5/2009] As with Padilla, the charges relating to the “dirty bomb” plot will later be dropped due to lack of evidence, and all charges against Mohamed will eventually be dropped (see October-December 2008 and February 4, 2009).

Entity Tags: Binyam Mohamed

Timeline Tags: Torture of US Captives

New York Post editorial writer Deborah Orin echoes charges made by previous columnists in the Wall Street Journal that special counsel Patrick Fitzgerald is conducting a partisan political prosecution of former White House official Lewis Libby (see October 29, 2005 and October 31, 2005), and repeats charges by former Reagan Justice Department official Victoria Toensing that the CIA is behind the exposure of Valerie Plame Wilson’s covert identity (see November 3, 2005). Orin repeats previously made assertions that the CIA allowed Plame Wilson’s exposure by allowing her to send her husband, former ambassador Joseph Wilson, to Niger (see February 13, 2002, February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), failed to have Wilson sign “the usual confidentiality agreement,” and failed to require him to write a written report (see March 4-5, 2002, (March 6, 2002), and March 8, 2002). Orin accuses Wilson of only voicing his public criticism of the Bush administration’s Iraq invasion after he “joined” the presidential campaign of John Kerry (D-MA) in May 2003, even though he began publicly criticizing the administration a year earlier (see May 2002, October 13, 2002, November 2002, December 9, 2002, January 28-29, 2003, February 13, 2003, February 28, 2003, March 3, 2003, March 5, 2003, and March 8, 2003), and the White House began its retaliatory attack against his criticisms in March 2003 (see March 9, 2003 and After). Orin also repeats Toensing’s sourceless assertion that Wilson’s New York Times op-ed about his findings in Niger (see July 6, 2003) “sharply conflicted with what he’d told the CIA.” It was the CIA’s actions, not the White House’s, that led to Plame Wilson’s exposure, Orin avers (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). Orin quotes Toensing, who said: “It [the Plame Wilson exposure] was a planned CIA covert action against the White House. It was too clever by half.” The reason, Orin says, was to divert attention from its intelligence failures surrounding the US failure to find WMD in Iraq: “Having Wilson go public was very useful to the CIA, especially the division where his wife worked—because it served to shift blame for failed ‘slam dunk’ intelligence claims away from the agency. To say that Bush ‘twisted’ intelligence was to presume—falsely—that the CIA had gotten it right.” The White House was merely defending itself from the CIA’s propaganda onslaught, Orin writes, adding that since Plame Wilson was not a covert agent (see Fall 1992 - 1996), the agency was “dishonest” in claiming that its intelligence operations had been damaged by her exposure (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). [New York Post, 11/7/2005]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Bush administration (43), Deborah Orin, John Kerry, Joseph C. Wilson, Victoria Toensing, Valerie Plame Wilson, New York Post, Patrick J. Fitzgerald, Wall Street Journal

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Brett Tolman.Brett Tolman. [Source: ABC4 (.com)]Brett Tolman, a Republican Senate Judiciary Committee official, tells Assistant Attorney General William Moschella that he will perform a “comprehensive fix” to the USA Patriot Act reauthorization coming up for approval in Congress (see March 9, 2006). Tolman and Moschella are referring to a provision in the reauthorization legislation that would allow the attorney general to appoint interim US Attorneys on an indefinite basis without having them go through Senate confirmation, and remove the ability of a federal court to appoint a US Attorney (see July 2005 - March 2006). Moschella suggests Tolman use the “comprehensive fix” of repealing Section 546 of Title 28 of the United States Code, subsections C and D, and replacing them with the following language: “A person appointed as United States Attorney under this section may serve until the qualification of a United States Attorney for such district appointed by the president under section 541 of this title.” Late the same evening, Tolman receives an email from Moschella instructing him to quietly insert the provision in the USA Patriot Act reauthorization bill that would eliminate a 120-day limit for “interim” US Attorneys to serve without Senate confirmation. In essence, the provision would allow such “interims” to serve indefinitely, cutting the Senate entirely out of the process of naming US Attorneys and allowing the attorney general to make political appointments without oversight. Tolman replies, “I will get the comprehensive fix done.” He slips the provision into a draft of the bill while it is in conference committee. None of the members notice the provision, and it is part of the bill as signed into law in March 2006 (see March 9, 2006). Tolman himself is one of the first beneficiaries of the new provision, becoming the US Attorney for Utah. When the new provision comes to light in early 2007, both chambers of Congress vote overwhelmingly to repeal it. This is one of numerous “stealth provisions” the White House will have inserted into legislation with the help of compliant Congressional Republicans and staffers. [Savage, 2007, pp. 316; US Department of Justice, 3/23/2007 pdf file] Moschella will later take the credit for the provision, and will tell reporters that he made the change on behalf of the Justice Department “without the knowledge or coordination of his superiors at the Justice Department or anyone at the White House.” [Talking Points Memo, 2011]

Entity Tags: William E. Moschella, USA Patriot Act, Senate Judiciary Committee, Bush administration (43), Brett Tolman, US Department of Justice

Timeline Tags: Civil Liberties

The National Review publishes an editorial by Cesar Conda, an assistant to Vice President Dick Cheney from January 2001 to September 2003. Conda writes a glowing defense of indicted perjurer Lewis Libby, whom he worked with in Cheney’s office. Conda notes that he was not “personally close” to Libby, and says he has not spoken to him since December 2004. Conda claims no access to the Libby defense team, nor any knowledge of the Libby defense strategy. However, he writes, “I have my own observations of the man, and some commonsense arguments that should to be considered as they relate to the indictment.” Conda calls the portrayal of Libby in special counsel Patrick Fitzgerald’s indictment of him (see October 28, 2005) a “caricature” that “is utterly at odds with his professional and personal history.” Libby, Conda writes, “is honorable, discreet, selfless—a man of unquestionable integrity. Most of his professional career has been spent in public service, as a behind-the-scenes, yet invaluable staffer at the Department of State, the Department of Defense, and the Congress.” Libby served in Cheney’s office “at great personal sacrifice,” according to Conda, choosing to leave “a lucrative private law practice” and “compromis[ing] family time with his two grade-school children—to focus his energies on his all consuming job in the White House.” Conda goes into detail about Libby’s overwhelming workload, a key element of the Libby defense team’s “memory defense” (see January 31, 2006). According to Conda, Libby should be expected to misremember some “fleeting” conversations he may have had with reporters about former ambassador Joseph Wilson and Wilson’s wife, CIA official Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, July 10 or 11, 2003, October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). Conda claims that Wilson is at the heart of the Libby indictment, and accuses him of falsifying his report about the Iraq-Niger uranium hoax (see March 4-5, 2002 and July 6, 2003). Conda concludes by praising Libby as a man whose “noble” goal was “to protect the American people from terrorism.” [National Review, 11/10/2005]

Entity Tags: US Department of Defense, Bush administration (43), Cesar Conda, Joseph C. Wilson, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, National Review

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Washington Post reporter Bob Woodward acknowledges testifying in the Plame Wilson investigation (see November 14, 2005), and apologizes to the Post for failing to tell editors and publishers that a senior Bush administration official told him over two years ago that Valerie Plame Wilson was a CIA officer (see June 13, 2003). Woodward is a reporter and assistant managing editor at the Post. While speculation has been rife over which reporters knew of Plame Wilson’s identity, and which administration officials are responsible for blowing her covert status, Woodward has never admitted to being a recipient of the leaked information, and has repeatedly attacked the investigation (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). Woodward explains that he did not reveal his own involvement in the case—that Deputy Secretary of State Richard Armitage informed him of Plame Wilson’s CIA status—because he feared being subpoenaed by special prosecutor Patrick Fitzgerald. Woodward says he was trying to protect his sources. “That’s job number one in a case like this,” he says. “I hunkered down. I’m in the habit of keeping secrets. I didn’t want anything out there that was going to get me subpoenaed.” Woodward told his editors about his knowledge of the case shortly after former White House aide Lewis “Scooter” Libby was indicted for perjury and obstruction of justice (see October 28, 2005). [Washington Post, 11/16/2005; Washington Post, 11/16/2005; Washington Post, 11/17/2005]
Woodward 'Should Have Come Forward' - Executive editor Leonard Downie Jr. says Woodward “made a mistake.… [H]e still should have come forward, which he now admits. We should have had that conversation.… I’m concerned that people will get a mis-impression about Bob’s value to the newspaper and our readers because of this one instance in which he should have told us sooner.” Downie adds: “After Libby was indicted, [Woodward] noticed how his conversation with the source preceded the timing in the indictment. He’s been working on reporting around that subject ever since the indictment.”
Questions of Objectivity, Honesty - Woodward’s silence about his own involvement while repeatedly denigrating the investigation causes many to question his objectivity. “It just looks really bad,” says Eric Boehlert, an author and media critic. “It looks like what people have been saying about Bob Woodward for the past five years, that he’s become a stenographer for the Bush White House” (see November 25, 2002). Journalism professor Jay Rosen says flatly, “Bob Woodward has gone wholly into access journalism.” And Robert Zelnick, chair of Boston University’s journalism department, says: “It was incumbent upon a journalist, even one of Woodward’s stature, to inform his editors.… Bob is justifiably an icon of our profession—he has earned that many times over—but in this case his judgment was erroneous.” Rem Rieder, the editor of American Journalism Review, says Woodward’s disclosure is “stunning… [it] seems awfully reminiscent of what we criticized Judith Miller for.” Miller, a reporter for the New York Times, was accused by Times executive editor Bill Keller of misleading the paper by not informing her editors that she had discussed Plame Wilson’s identity with Libby (see October 16, 2005). Rieder calls Woodward “disingenuous” for his criticism of the investigation (see July 7, 2005, July 11, 2005, July 17, 2005, and October 27, 2005) without revealing his own knowledge of the affair. Columnist and reporter Josh Marshall notes, “By becoming a partisan in the context of the leak case without revealing that he was at the center of it, really a party to it, he wasn’t being honest with his audience.” Woodward claims he only realized his conversation with Armitage might be of some significance after Libby was described in the indictment as the first Bush official to reveal Plame Wilson’s name to reporters. Armitage told Woodward of Plame Wilson’s identity weeks before Libby told Miller. Unlike Libby, Armitage did not release Woodward from his promise to protect his identity (see September 15, 2005). [Washington Post, 11/17/2005]
Woodward Denies Quid Pro Quo - Some time later, a colleague will ask Woodward if he were trading information with Armitage on a friendly, perhaps less-than-professional basis. “Was this a case of being in a relationship where you traded information with a friend?” Woodward will respond sharply: “It’s not trading information. It is a subterranean narrative. What do you have? What do you know? If you start making this a criminal act, people will not speak to you.” [Vanity Fair, 4/2006]

Entity Tags: Lewis (“Scooter”) Libby, Eric Boehlert, Bush administration (43), Bob Woodward, Jay Rosen, Leonard Downie, Jr., Valerie Plame Wilson, Washington Post, Richard Armitage, Robert Zelnick, Joshua Micah Marshall, Patrick J. Fitzgerald, Rem Rieder

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Jose Padilla being escorted by federal agents in January 2006.Jose Padilla being escorted by federal agents in January 2006. [Source: Alan Diaz / Associated Press]Jose Padilla, a US citizen and “enemy combatant” alleged to be an al-Qaeda terrorist (see May 8, 2002) and held without charges for over three years (see October 9, 2005), is charged with being part of a North American terrorist cell that sent money and recruits overseas to, as the indictment reads, “murder, maim, and kidnap.” The indictment contains none of the sensational allegations that the US government has made against Padilla (see June 10, 2002), including his supposed plan to detonate a “dirty bomb” inside the US (see Early 2002) and his plans to blow up US hotel and apartment buildings (see March 2002). Nor does the indictment accuse Padilla of being a member of al-Qaeda. Attorney General Alberto Gonzales says, “The indictment alleges that Padilla traveled overseas to train as a terrorist (see September-October 2000) with the intention of fighting a violent jihad.” He refuses to say why the more serious charges were not filed. Some provisions of the Patriot Act helped the investigation, Gonzales adds: “By tearing down the artificial wall that would have prevented this kind of investigation in the past, we’re able to bring these terrorists to justice,” he says. The Padilla case has become a central part of the dispute over holding prisoners such as Padilla without charge; by charging Padilla with lesser crimes, the Bush administration avoids the possibility of the Supreme Court ruling that he and other “enemy combatants,” particularly American citizens, must either be tried or released. Law professor Eric Freedman says the Padilla indictment is an effort by the administration “to avoid an adverse decision of the Supreme Court.” Law professor Jenny Martinez, who represents Padilla, says: “There’s no guarantee the government won’t do this again to Mr. Padilla or others. The Supreme Court needs to review this case on the merits so the lower court decision is not left lying like a loaded gun for the government to use whenever it wants.” Padilla’s lawyers say the government’s case against their client is based on little more than “double and triple hearsay from secret witnesses, along with information allegedly obtained from Padilla himself during his two years of incommunicado interrogation.” Padilla will be transferred from military custody to the Justice Department, where he will await trial in a federal prison in Miami. He faces life in prison if convicted of conspiracy to murder, maim, and kidnap overseas. The lesser charges—providing material support to terrorists and conspiracy—carry maximum prison terms of 15 years each. [Associated Press, 11/22/2005; Fox News, 11/23/2005]
'Dirty Bomb' Allegations 'Not Credible,' Says Former FBI Agent - Retired FBI agent Jack Cloonan, an expert on al-Qaeda, later says: “The dirty bomb plot was simply not credible. The government would never have given up that case if there was any hint of credibility to it. Padilla didn’t stand trial for it, because there was no evidence to support it.” [Vanity Fair, 12/16/2008]
Issue with CIA Videotapes - In 2002, captured al-Qaeda leader Abu Zubaida identified Padilla as an al-Qaeda operative (see Mid-April 2002) and the government cited Zubaida as a source of information about Padilla after Padilla’s arrest. Yet, sometime this same month, the CIA destroys the videotapes of Zubaida’s interrogations from the time period where he allegedly identified Padilla (see November 2005). The Nation’s Aziz Huq will later comment: “Given the [Bush] administration’s reliance on Zubaida’s statements as evidence of Padilla’s guilt, tapes of Zubaida’s interrogation were clearly relevant to the Padilla trial.… A federal criminal statute prevents the destruction of any record for a foreseeable proceeding, even if the evidence is not admissible.… [I]t seems almost certain that preservation of the tapes was legally required by the Jose Padilla prosecution.” [Nation, 12/11/2007]

Entity Tags: Jenny Martinez, Jose Padilla, US Supreme Court, Jack Cloonan, Eric Freedman, Alberto R. Gonzales, Bush administration (43), Al-Qaeda, Aziz Huq, Central Intelligence Agency

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

The Justice Department files in US District Court in Alexandria a list of 89 questions for potential jurors in the forthcoming death penalty trial of al-Qaeda conspirator Zacarias Moussaoui. Months earlier Moussaoui pleaded guilty to all terrorism charges against him, but promised to fight the death penalty (See April 22, 2005). The Justice Department’s questions include requests for very specific biographical information, and queries about whether the individual socializes with people of Arab descent. They also cover such things as their religious beliefs and practices, and their views about Islam, the US government, and the death penalty. According to legal experts, the level of detail is extraordinary and indicates the high stakes of the prosecution. [Associated Press, 11/28/2005; Washington Post, 11/29/2005] Two days later, lawyers representing Moussaoui submit an even more extensive list to the trial judge, with 306 questions. These include asking potential jurors about their personal response to the 9/11 attacks, and their opinions of other high-profile FBI investigations such as Waco and Ruby Ridge. A sixth of the questions probe their attitudes to the death penalty. There are also questions about their work history over the previous 15 years, and whether they have ever worked for the government or a government contractor. [Associated Press, 11/30/2005; CNN, 12/1/2005] The jury selection process will involve 500 potential jurors being summoned to the Alexandria courthouse on February 6, 2006 to fill in questionnaires, then returning starting a week later to be questioned by the judge. The process is expected to take a month, which is far longer than most cases at the Alexandria courthouse. [Associated Press, 12/29/2005; Washington Post, 12/29/2005] Moussaoui’s trial will commence on March 6, 2006, and two months later he will be sentenced to life imprisonment for his role in the 9/11 attacks. [Guardian, 3/7/2006; BBC, 5/4/2006]

Entity Tags: US Department of Justice, Zacarias Moussaoui, US District Court Eastern District of Virginia

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Late 2005: CIA Closes Unit Hunting Bin Laden

The CIA closes its unit that had been in charge of hunting bin Laden and other top al-Qaeda leaders. Analysts in the unit, known as Alec Station, are reassigned to other parts of the CIA Counterterrorist Center. CIA officials explain the change by saying the agency can better deal with high-level threats by focusing on regional trends rather than on specific organizations or individuals. Michael Scheuer, who headed the unit when if formed in 1996 (see February 1996), says the move reflects a view within the CIA that bin Laden is no longer the threat he once was, and complains, “This will clearly denigrate our operations against al-Qaeda.” Robert Grenier, head of the Counterterrorist Center in 2005, is said to have instigated the closure. [New York Times, 7/4/2006; Guardian, 7/4/2006] The White House denies the search for bin Laden has slackened, calling the move merely a “reallocation of resources” within the CIA. [Reuters, 8/17/2006]

Entity Tags: Robert Grenier, Osama bin Laden, Counterterrorist Center, Alec Station, Michael Scheuer, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, War in Afghanistan

In his weekly radio address, President Bush claims that the US always obtains court warrants before launching electronic surveillance efforts. “The Patriot Act is helping America defeat our enemies while safeguarding civil liberties for all our people,” he says. “The judicial branch has a strong oversight role in the application of the Patriot Act. Under the act, law enforcement officers need a federal judge’s permission to wiretap a foreign terrorist’s phone or search his property. Congress also oversees our use of the Patriot Act. Attorney General Gonzales delivers regular reports on the Patriot Act to the House and the Senate.” [White House, 12/10/2005] Bush has made similar claims in the recent past (see April 19-20, 2004, June 9, 2005, and April 19-20, 2004). Former AT&T senior technician Mark Klein (see July 7, 2009 and May 2004), who helped install the equipment used by the National Security Agency (NSA) and his firm to intercept foreign and domestic Internet communications (see January 16, 2004), will later say that Bush’s insistence that the administration gets court orders before wiretapping communications is false. AT&T, on behalf of the NSA, was monitoring “billions of messages a second,” Klein will write, all without court orders. [Klein, 2009, pp. 47-48]

Entity Tags: Mark Klein, AT&T, George W. Bush, USA Patriot Act, National Security Agency

Timeline Tags: Civil Liberties

The Army adopts a new, classified set of interrogation methods that some feel may change the nature of the debate over cruel and inhuman treatment of detainees in US custody. The Detainee Treatment Act (DTA—see December 30, 2005), which bases its definition of torture in part on Army standards, is currently wending its way through Congress. The new set of instructions are being added to the revised Army Field Manual, after they are approved by undersecretary of defense Stephen Cambone. The addendum provides exact details on what kinds of interrogation procedures can and cannot be used, and under what circumstances, pushing the legal limit of what interrogations can be used in ways that the Army has never done before. Some military observers believe that the new guidelines are an attempt by the Army to undercut the DTA, and many believe the bill’s sponsor, Senator John McCain (R-AZ) will be unhappy with the addendum. “This is a stick in McCain’s eye,” one official says. “It goes right up to the edge. He’s not going to be comfortable with this.” McCain has not yet been briefed on the contents of the new guidelines. McCain spokesman Mark Salter says, “This is politically obtuse and damaging. The Pentagon hasn’t done one molecule of political due diligence on this.” One Army officer says that the core of the definition of torture—what is and is not “cruel, inhumane, and degrading” treatment—“is at the crux of the problem, but we’ve never defined that.” The new Army Field Manual specifically prohibits such tactics as stress positioning, stripping prisoners, imposing dietary restrictions, using police dogs to intimidate prisoners, and sleep deprivation. The new manual is expected to be issued before the end of the year. [New York Times, 12/14/2005] The day after this is reported, President Bush agrees not to veto the DTA (see December 15, 2005).

Entity Tags: Stephen A. Cambone, Detainee Treatment Act, US Department of Defense, John McCain, US Department of the Army

Timeline Tags: Torture of US Captives, Civil Liberties

The law firm of Jones Day submits the first classified document request to special counsel Patrick Fitzgerald on behalf of its client, Lewis Libby. The letter reads in part, “The documents requested include not only documents in the possession, custody, or control of your office, but also (a) documents in the possession, custody, or control of any agency allied with the prosecution, including without limitation the FBI, CIA, and the Office of the Vice President (‘OVP’), and (b) all other documents of which your office has knowledge and to which it has access.” The request is for, among other documents, Libby’s White House notes from May 2003 through March 2004; all documents pertaining to Libby’s morning intelligence briefings from May 2003 through March 2004, and including all Presidential Daily Briefings (PDBs); any CIA damage assessment performed in light of the Plame Wilson identity leak; and any documents pertaining to Valerie Plame Wilson’s status as a clandestine CIA official. [Letter to Patrick Fitzgerald from Jones Day re United States v. I. Lewis Libby, 12/14/2005, pp. 2-5 pdf file] None of the lawyers for either the prosecution or the defense are aware of an in-house CIA assessment of the “severe” damage caused by the leak (see Before September 16, 2003).

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Jones Day, Patrick J. Fitzgerald, Valerie Plame Wilson, Office of the Vice President, Federal Bureau of Investigation

Timeline Tags: Niger Uranium and Plame Outing

The Bush administration relents in its opposition to the Detainee Treatment Act (DTA), which would ban torture of prisoners by US personnel (see July 24, 2005 and After and December 30, 2005). President Bush meets with the bill’s primary sponsor, Senator John McCain (R-AZ), and John Warner (R-VA), chairman of the Senate Armed Service Committee, in a press conference to praise the bill. McCain says after the conference that the bill “is a done deal.” The bill still faces some opposition from Congressional Republicans such as House Armed Services Committee chairman Duncan Hunter (R-CA), who says he won’t vote for the bill unless it can be amended to ensure that the nation’s ability to gather intelligence is not diminished. Both the House and Senate have voted by veto-proof margins to accept the bill, which is actually an amendment to a defense appropriations bill. McCain says after the conference with Bush and Warner, “We’ve sent a message to the world that the United States is not like the terrorists. We have no grief for them, but what we are is a nation that upholds values and standards of behavior and treatment of all people, no matter how evil or bad they are.” Bush says the ban “is to make it clear to the world that this government does not torture and that we adhere to the international convention of torture, whether it be here at home or abroad.” McCain has been the target of months of vilification and opposition from the White House over the bill, which argued that the bill would limit Bush’s authority to protect the US from terrorist attacks, and that the bill is unnecessary because US officials do not torture. [CNN, 12/15/2005]
Loopholes - But the bill contains key loopholes that some experts believe significantly waters down the bill’s impact. Author Alfred McCoy, an expert on the CIA, notes that the bill as revised by White House officials does not give any real specifics. Attorney General Alberto Gonzales will assert that the only restrictions on prisoner interrogations are the ban on “severe” psychological or physical pain, “the same linguistic legerdemain that had allowed the administration to start torturing back in 2002” (see August 1, 2002). Gonzales also implies that practices such as waterboarding are not prohibited. [TomDispatch (.com), 2/8/2006]
Legal Cover - A provision of the bill inserted after negotiation with White House officials says that CIA and military officials accused of torture can claim legal protection by arguing that they were simply following the orders of their superiors, or they have a reasonable belief that they are carrying out their superiors’ wishes. McCain dropped the original provision that all military personnel must follow the stringent guidelines for interrogation laid out in the Army Field Manual; the bill now follows the Uniform Code of Military Justice, which says that anyone accused of violating interrogation rules can defend themselves if a “reasonable” person could conclude they were following a lawful order. McCain resisted pressure from the White House to include language that would afford interrogators accused of torture protection from civil or criminal lawsuits. [CNN, 12/15/2005; Associated Press, 12/15/2005]
Controversial Amendment - Perhaps even more troubling is an amendment to the bill that would essentially strip the judiciary’s ability to enforce the ban. The amendment, originally crafted by senators Lindsey Graham (R-SC) and Jon Kyl (R-AZ) and added to by Carl Levin (D-MI), denies Guantanamo detainees the right to bring legal action against US personnel who torture or abuse them—effectively denying them the fundamental legal right of habeas corpus. It also gives the Defense Department the implicit ability to consider evidence obtained through torture or inhumane treatment in assessing detainees’ status. Human Rights Watch (HRW) says that the DTA marks the first time in history that Congress would allow the use of evidence obtained through torture. HRW’s Tom Malinowski says, “With the McCain amendment, Congress has clearly said that anyone who authorizes or engages in cruel techniques like water boarding is violating the law. But the Graham-Levin amendment leaves Guantanamo detainees no legal recourse if they are, in fact, tortured or mistreated. The treatment of Guantanamo Bay detainees will be shrouded in secrecy, placing detainees at risk for future abuse.… If the McCain law demonstrates to the world that the United States really opposes torture, the Graham-Levin amendment risks telling the world the opposite.” [Human Rights Watch, 12/16/2005] Geoffrey Corn, a retired Army lieutenant colonel and Judge Advocate General lawyer, agrees. In January 2006, he will write that the “recent compromise inclusion of an ‘obedience to orders’ defense… has effectively undermined the goal Senator John McCain fought so long to achieve. Instead of sending a clear message to US forces that cruel, inhumane, or degrading treatment of detainees is never permissible, the compromise has validated President Bush’s belief that the necessities of war provide the ultimate ‘trump card’ to justify ‘whatever it takes’ in the war on terror.” [Jurist, 1/6/2006]

Entity Tags: Tom Malinowski, Lindsey Graham, US Department of Defense, Jon Kyl, Uniform Code of Military Justice, John McCain, John W. Warner, Geoffrey Corn, Alberto R. Gonzales, Bush administration (43), Alfred McCoy, Carl Levin, Detainee Treatment Act, Central Intelligence Agency, Human Rights Watch, Duncan Hunter

Timeline Tags: Torture of US Captives, Civil Liberties

After an NSA program to intercept telephone calls where one party is in the US and the other party is abroad is revealed (see December 15, 2005), President George Bush defends the program in a radio address. He justifies the program by implying that, if it had been in place before 9/11, it may have prevented the attacks: “As the 9/11 Commission pointed out, it was clear that terrorists inside the United States were communicating with terrorists abroad before the September the 11th attacks, and the commission criticized our nation’s inability to uncover links between terrorists here at home and terrorists abroad. Two of the terrorist hijackers who flew a jet into the Pentagon, Nawaf Alhazmi and Khalid Almihdhar, communicated while they were in the United States to other members of al-Qaeda who were overseas. But we didn’t know they were here until it was too late.” There are conflicting accounts of the circumstances of the hijackers’ calls and the NSA actually intercepted them, so it is unclear why they were not exploited to prevent the attacks (see Early 2000-Summer 2001, (Spring 2000), Summer 2002-Summer 2004, and March 15, 2004 and After). [WhiteHouse(.gov), 12/17/2005; US President, 12/26/2005 pdf file] It is unclear which statements of the 9/11 Commission the president thinks he is referring to. The Commission’s final report touches on the NSA intercepts of the hijackers’ calls from the US in two places; in one it says: “[T]he NSA was supposed to let the FBI know of any indication of crime, espionage, or ‘terrorist enterprise’ so that the FBI could obtain the appropriate warrant. Later in this story, we will learn that while the NSA had the technical capability to report on communications with suspected terrorist facilities in the Middle East, the NSA did not seek FISA Court warrants to collect communications between individuals in the United States and foreign countries, because it believed that this was an FBI role,” (note: we do not actually learn this later in the 9/11 Commission report, this is the only mention). The second passage refers to Almihdhar’s time in San Diego and does not actually mention that the NSA intercepted the relevant calls, “Almihdhar’s mind seems to have been with his family in Yemen, as evidenced by calls he made from the apartment telephone.” [9/11 Commission, 7/24/2004, pp. 87-8, 222]

Entity Tags: National Security Agency, Nawaf Alhazmi, George W. Bush, Khalid Almihdhar, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Suzanne Spaulding, a former counsel for the CIA, the Senate and House intelligence commission, and executive director of the National Terrorism Commission from 1999 through 2000, writes an op-ed criticizing the Bush administration for its domestic surveillance program. She writes that the three main sources of oversight and restraint on Bush’s unfettered efforts to monitor US citizens—Congress, the judiciary, and the American people—have failed to halt what she calls “this extraordinary exercise of presidential power.” Spaulding, who will testify along similar lines before the Senate over a year later (see April 11, 2007), writes, “Ironically, if it is ultimately determined that this domestic surveillance program reflects the exercise of unchecked power in contravention of law, it will wind up weakening the presidency. Once again, we will confront the challenge of restoring Americans’ faith in the rule of law and our system of checks and balances.” The pretense of oversight by the administration, in providing limited and perhaps misleading briefings on the program only to the so-called “Gang of Eight” Congressional leaders, is superficial and ineffective, she writes; the entire process “effectively eliminates the possibility of any careful oversight.” She notes that because of the severe restrictions both in the information doled out to these Congressional leaders, and their strict prohibition on discussing the information with anyone else, even other intelligence panel members, “[i]t is virtually impossible for individual members of Congress, particularly members of the minority party, to take any effective action if they have concerns about what they have heard in one of these briefings. It is not realistic to expect them, working alone, to sort through complex legal issues, conduct the kind of factual investigation required for true oversight and develop an appropriate legislative response.” Congressional oversight is key to retaining the trust of the US citizenry, she writes, and adds that that particular principle was well understood at the CIA while she was there. Oversight “is vital for a secret agency operating in a democracy. True oversight helps clarify the authority under which intelligence professionals operate. And when risky operations are revealed, it is important to have members of Congress reassure the public that they have been overseeing the operation. The briefings reportedly provided on the National Security Agency (NSA) surveillance program reflect, instead, a ‘check the box’ mentality—allowing administration officials to claim that they had informed Congress without having really achieved the objectives of oversight.” While those few members of Congress are given little real information, the judiciary, particularly the Foreign Intelligence Surveillance Court (FISC), is cut out of the process entirely. “Instead of going to a judge on the secret court that was specifically established to authorize foreign intelligence surveillance inside the United States, we are told that an NSA shift supervisor was able to sign off on the warrantless surveillance of Americans,” she writes. “That’s neither a check nor a balance. The primary duty of the NSA shift supervisor, who essentially works for the president, is to collect intelligence. The task of the judge is to ensure that the legal standards set out in the 1978 Foreign Intelligence Surveillance Act (FISA) have been met. Which one has stronger independence to say no, if no needs to be said? The objectives of the surveillance program, as described in news reports, seem laudable. The government should be running to ground the contacts listed in a suspected terrorist’s cell phone, for example. What is troubling is that this domestic spying is being done in apparent contravention of FISA, for reasons that still are not clear.” In her piece she takes issue with the Bush administration’s insistence that its surveillance program is legal and necessary. She makes the following case:
Specious Arguments to Duck FISA Court - The argument that the FISA Court is too slow to respond to immediate needs for domestic surveillance is specious, she says. “FISA anticipates situations in which speed is essential. It allows the government to start eavesdropping without a court order and to keep it going for a maximum of three days. And while the FISA application process is often burdensome in routine cases, it can also move with remarkable speed when necessary, with applications written and approved in just a few hours.” Instead, she says that the Bush administration must have dodged FISC because their wiretaps didn’t meet FISA standards of probable cause. Since FISC is staffed by judges hand-picked by conservative then-Supreme Court Chief Justice William Rehnquist, “who presumably felt that they had the right temperament and expertise to understand the national security imperatives as well as the need to protect civil liberties,” and since FISC has granted all but four of the more than 5,645 requests for wiretaps and surveillance made by the administration since 2001, to argue that FISC is unresponsive is simply wrong-headed. And, she notes, if the administration felt that FISA’s standards were too strict, it could have moved to amend the law to allow more leniency in obtaining such warrants. It has not done so since the passage of the 2001 Patriot Act. She writes, “The administration reportedly did not think it could get an amendment without exposing details of the program. But this is not the first time the intelligence community has needed a change in the law to allow it to undertake sensitive intelligence activities that could not be disclosed. In the past, Congress and the administration have worked together to find a way to accomplish what was needed. It was never previously considered an option to simply decide that finding a legislative solution was too hard and that the executive branch could just ignore the law rather than fix it.”
No Justification for Keeping Program Secret - In addition, the administration has consistently failed to make a case for keeping the domestic wiretapping policy secret for four years. US-designated terrorist groups already know that the government listens to their cell phone conversations whenever possible, and they are well aware of the various publicly known programs to search through millions of electronic communications, such as the NSA’s Echelon program (see April 4, 2001). “So what do the terrorists learn from a general public discussion about the legal authority being relied upon to target their conversations?” she asks. “Presumably very little. What does the American public lose by not having the public discussion? We lose the opportunity to hold our elected leaders accountable for what they do on our behalf.”
Assertions that Program Authorized by Congress Fallacious - The argument advanced by Attorney General Alberto Gonzales that says the program does not violate the law because Congress’s post-9/11 authorization of force against terrorists gives the administration the right to circumvent FISA is equally specious, she argues. “FISA does provide for criminal penalties if surveillance is conducted under color of law ‘except as authorized by statute.’ This is a reference to either FISA or the criminal wiretap statute. A resolution, such as the Use of Force resolution, does not provide statutory authority. Moreover, FISA specifically provides for warrantless surveillance for up to 15 days after a declaration of war. Why would Congress include that provision if a mere Use of Force resolution could render FISA inapplicable? The law clearly states that the criminal wiretap statute and FISA are ‘the exclusive means by which electronic surveillance…and the interception of domestic wire, oral, and electronic communications may be conducted.’ If these authorities are exclusive, there is no other legal authority that can authorize warrantless surveillance. Courts generally will not view such a clear statutory statement as having been overruled by a later congressional action unless there is an equally clear indication that Congress intended to do that.” Therefore, by any legal standard, the administration’s program is, apparently, illegal.
No Inherent Presidential Authority - The ultimate argument by Bush officials, that the president has some sort of inherent authority as commander-in-chief to authorize illegal wiretaps, is the same groundless legal argument recently used to justify the use of torture by US intelligence and law enforcement agents (see December 28, 2001). That argument was withdrawn, Spaulding notes, after it became publicly known. While the courts have not specifically ruled on this particular argument, Spaulding notes that the Supreme Court refused to recognize then-President Harry Truman’s attempt to seize control of the nation’s steel mills to avert a possible strike during the Korean War. The Supreme Court ruled “that the president’s inherent authority is at its weakest in areas where Congress has already legislated. It ruled that to find inherent presidential authority when Congress has explicitly withheld that authority—as it has in FISA—‘is not merely to disregard in a particular instance the clear will of Congress. It is to disrespect the whole legislative process and the constitutional division of authority between president and Congress.’” She notes that in 2004, the Supreme Court rejected the argument for unchecked presidential power in the Hamdi case (see June 28, 2004), with Justice Sandra Day O’Connor writing for the court, “We have long since made clear that a state of war is not a blank check for the president when it comes to the rights of the Nation’s citizens. …Whatever power the United States Constitution envisions for the Executive in its exchanges with… enemy organizations in times of conflict, it most assuredly envisions a role for all three branches when individual liberties are at stake.” Spaulding concludes, “The rule of law and our system of checks and balances are not a source of weakness or a luxury of peace. As O’Connor reminded us in Hamdi, ‘It is during our most challenging and uncertain moments…that we must preserve our commitment at home to the principles for which we fight abroad.’” [Washington Post, 12/25/2005]

Entity Tags: Sandra Day O’Connor, William Rehnquist, USA Patriot Act, Suzanne Spaulding, National Security Agency, US Supreme Court, Harry S. Truman, Alberto R. Gonzales, “Gang of Eight”, National Commission on Terrorism, Central Intelligence Agency, Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, Echelon, Bush administration (43)

Timeline Tags: Civil Liberties

After months of opposition and a recent, clandestine rewriting of the bill (see Before December 30, 2005), President Bush signs the Detainee Treatment Act (DTA) into law, effectively outlawing torture by government and military officials (see December 15, 2005). However, Bush also inserts a signing statement into the record reserving for himself the right to ignore the law under his powers as commander in chief if he judges that torturing a prisoner is in the interest of national security (see December 30, 2005). Signing statements have no legal status, but serve to inform the nation as to how the president interprets a particular law. In this case, Bush writes that he will waive the restrictions on torture if he feels it is necessary to protect national security. “We consider ourselves bound by the prohibition on cruel, unusual, and degrading treatment,” says a senior administration official, but under unusual circumstances—a “ticking time bomb” scenario, for example, where a detainee is believed to have information that could prevent an imminent terrorist attack, Bush’s responsibility to protect the nation will supersede the law. Law professor David Golove is critical of the White House’s position, saying: “The signing statement is saying ‘I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it’s important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me.’ They don’t want to come out and say it directly because it doesn’t sound very nice, but it’s unmistakable to anyone who has been following what’s going on.” Bush has issued numerous signing statements signaling his intent to flaunt the law in the areas of domestic surveillance, detaining terrorist suspects without due legal process, and previous legislation forbidding the torture of prisoners. Many legal and civil rights organizations believe that Bush’s signing statement is part of his push for a “unitary executive,” where the president has virtually unlimited powers in the areas of foreign policy and national security, and neither Congress nor the courts have the right to limit his powers (see April 30, 1986). Former Justice Department official and law professor Marty Lederman says: “The whole point of the McCain Amendment was to close every loophole. The president has re-opened the loophole by asserting the constitutional authority to act in violation of the statute where it would assist in the war on terrorism.” Human Rights Watch director Elisa Massamino calls the signing statement an “in-your-face affront” to both McCain and to Congress. “The basic civics lesson that there are three co-equal branches of government that provide checks and balances on each other is being fundamentally rejected by this executive branch. Congress is trying to flex its muscle to provide those checks [on detainee abuse], and it’s being told through the signing statement that it’s impotent. It’s quite a radical view.” [Boston Globe, 1/4/2006; Boston Globe, 4/30/2006]

Entity Tags: George W. Bush, Detainee Treatment Act, Martin (“Marty”) Lederman, Bush administration (43), David Golove, Elisa Massamino

Timeline Tags: Torture of US Captives, Civil Liberties

After 9/11 there was much discussion about how hijackers Nawaf Alhazmi and Khalid Almihdhar were able to participate in an operation like 9/11, even though they were well known to US intelligence (see, for example, January 5-8, 2000, Early 2000-Summer 2001, and 9:53 p.m. September 11, 2001).
FBI Theory - Based on conversations with FBI agents, author Lawrence Wright speculates on why the CIA withheld information it should have given the FBI: “Some… members of the [FBI’s] I-49 squad would later come to believe that the [CIA] was shielding Almihdhar and Alhazmi because it hoped to recruit them.… [They] must have seemed like attractive opportunities; however, once they entered the United States they were the province of the FBI. The CIA has no legal authority to operate inside the country, although in fact, the bureau often caught the agency running backdoor operations in the United States.… It is also possible, as some FBI investigators suspect, the CIA was running a joint venture with Saudi intelligence in order to get around that restriction. Of course, it is also illegal for foreign intelligence services to operate in the United States, but they do so routinely.” [Wright, 2006, pp. 312-313]
Explanation of Acquired Visas - This theory offers a possible explanation, for example, of how Almihdhar and Alhazmi managed to move in and out of Saudi Arabia and obtain US visas there even though they were supposedly on the Saudi watch list (see 1997 and April 3-7, 1999), and why a Saudi agent in the US associated with them (see January 15-February 2000). Wright points out that “these are only theories” but still notes that “[h]alf the guys in the Bureau think CIA was trying to turn them to get inside al-Qaeda.” [Wright, 2006, pp. 313; Media Channel, 9/5/2006]
Participant Does Not Know - Doug Miller, an FBI agent loaned to the CIA who was part of a plot to withhold the information from the FBI (see 9:30 a.m. - 4:00 p.m. January 5, 2000), will indicate he does not know why he was ordered to withhold the information, but that his superiors may have had a good reason for keeping it from the FBI. Another intelligence source will claim that the CIA withheld the information to keep the FBI away from a sensitive operation to penetrate al-Qaeda. [Congressional Quarterly, 10/1/2008]
CIA Wanted to Keep FBI Off Case - Another unnamed FBI agent loaned to Alec Station before 9/11 will say: “They didn’t want the bureau meddling in their business—that’s why they didn’t tell the FBI. Alec Station… purposely hid from the FBI, purposely refused to tell the bureau that they were following a man in Malaysia who had a visa to come to America. The thing was, they didn’t want… the FBI running over their case.” [Bamford, 2008, pp. 20]
Similar Explanation - Wright is not the first to have made the suggestion that Alhazmi and Almihdhar were protected for recruitment purposes. Investigative journalist Joe Trento reported in 2003 that a former US intelligence official had told him that Alhazmi and Almihdhar were already Saudi Arabian intelligence agents when they entered the US (see August 6, 2003).

Entity Tags: Nawaf Alhazmi, Lawrence Wright, Doug Miller, Saudi General Intelligence Directorate, Central Intelligence Agency, Khalid Almihdhar, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Georgetown law professor Marty Lederman, a former Justice Department official under both the Bush and Clinton administrations, notes the recent signing statement from the White House that essentially states President Bush will ignore the newly authorized Detainee Treatment Act (see December 30, 2005). “So much for the president’s assent to the McCain Amendment” (see December 15, 2005), Lederman writes. Of Bush’s signing statement itself, he writes: “Translation: I reserve the constitutional right to waterboard when it will ‘assist’ in protecting the American people from terrorist attacks.… You didn’t think [Vice President] Cheney and [Cheney’s chief of staff David] Addington (see December 30, 2005) were going to go down quietly, did you?” [Marty Lederman, 1/2/2006; Savage, 2007, pp. 225]

Entity Tags: Detainee Treatment Act, Martin (“Marty”) Lederman

Timeline Tags: Torture of US Captives

The three Republican senators who co-sponsored the recently passed Detainee Treatment Act prohibiting torture (see December 15, 2005) criticize President Bush for his signing statement indicating that he would not follow the law if he sees fit (see December 30, 2005). Senators John McCain (R-AZ), the primary sponsor of the bill, and John Warner (R-VA) issue a statement rejecting Bush’s signing statement. “We believe the president understands Congress’s intent in passing, by very large majorities, legislation governing the treatment of detainees,” the senators write. “The Congress declined when asked by administration officials to include a presidential waiver of the restrictions included in our legislation. Our committee intends through strict oversight to monitor the administration’s implementation of the new law.” The third co-sponsor, Senator Lindsey Graham (R-SC), says he agrees with the letter, “and would go a little bit further.” Graham says: “I do not believe that any political figure in the country has the ability to set aside any… law of armed conflict that we have adopted or treaties that we have ratified. If we go down that road, it will cause great problems for our troops in future conflicts because [nothing] is to prevent other nations’ leaders from doing the same.” The White House refuses to respond to the senators’ comments. Law professor David Golove, a specialist in executive power issues, says the senators’ statements “mean that the battle lines are drawn” for an escalating fight over the balance of power between the two branches of government. “The president is pointing to his commander in chief power, claiming that it somehow gives him the power to dispense with the law when he’s conducting war,” Golove says. “The senators are saying: ‘Wait a minute, we’ve gone over this. This is a law Congress has passed by very large margins, and you are compelled and bound to comply with it.’” Elisa Massimino of Human Rights First says the senators’ statements should warn military and CIA interrogators that they could be subject to prosecution if they torture or abuse a detainee, regardless of Bush’s signing statement. “That power [to override the law] was explicitly sought by the White House, and it was considered and rejected by the Congress,” she says. “And any US official who relies on legal advice from a government lawyer saying there is a presidential override of a law passed by Congress does so at their peril. Cruel, inhuman, and degrading treatment is illegal.” Golove notes that it is highly unlikely that Attorney General Alberto Gonzales would prosecute anyone for performing actions Bush had authorized. [Boston Globe, 1/5/2006; Savage, 2007, pp. 225-226]

Entity Tags: David Golove, Alberto R. Gonzales, George W. Bush, John W. Warner, John McCain, Lindsey Graham, Elisa Massimino

Timeline Tags: Torture of US Captives

Ariel Sharon, shortly before suffering a stroke.Ariel Sharon, shortly before suffering a stroke. [Source: New York Times]Christian broadcaster Pat Robertson says that a recent stroke suffered by Israeli Prime Minister Ariel Sharon is divine punishment for “dividing God’s land.” [Associated Press, 1/5/2006] Sharon is in a deep coma after suffering what doctors say is a severe stroke. Sharon, in critical condition, is assumed to be unable to return to public life. His deputy, Ehud Olmert, is named acting prime minister. [New York Times, 1/5/2006] On his television program, The 700 Club, Robertson says: “God considers this land to be his. You read the Bible and he says ‘This is my land,’ and for any prime minister of Israel who decides he is going to carve it up and give it away, God says, ‘No, this is mine.’” Sharon ordered Israel to withdraw from the Gaza Strip in 2005. Robertson adds that Sharon is “a very tender-hearted man and a good friend” and he is saddened to know that Sharon is so debilitated. However, he says the Bible “makes it very clear that God has enmity against those who ‘divide my land.’” Sharon “was dividing God’s land and I would say woe unto any prime minister of Israel who takes a similar course to appease the EU (European Union), the United Nations, or the United States of America.” Robertson implies that God also struck down former Prime Minister Yitzhak Rabin, who was assassinated after working to give land to the Palestinian people (see November 4, 1995). “It was a terrible thing that happened, but nevertheless he was dead,” Robertson says. The Anti-Defamation League, a Jewish organization, issues a statement urging Christian leaders to distance themselves from the remarks. “It is outrageous and shocking, but not surprising, that Pat Robertson once again has suggested that God will punish Israel’s leaders for any decision to give up land to the Palestinians,” says ADL director Abraham Foxman. “His remarks are un-Christian and a perversion of religion. Unlike Robertson, we don’t see God as cruel and vengeful.” Reverend Barry Lynn of Americans United for Separation of Church and State says a religious leader “should not be making callous political points while a man is struggling for his life. Pat Robertson has a political agenda for the entire world, and he seems to think God is ready to take out any world leader who stands in the way of that agenda.” [Associated Press, 1/5/2006] “Those comments are wholly inappropriate and offensive and really don’t have a place in this or any other debate,” says White House spokesman Trent Duffy. Senate Minority Leader Harry Reid (D-NV) calls Robertson’s statement “completely outrageous, insulting, and inappropriate.” Sharon “is fighting for his life,” Reid says. “He and his family deserve our thoughts and prayers, and I hope Mr. Robertson will offer them after he apologizes.” [MSNBC, 1/6/2006]

Entity Tags: Ehud Olmert, Americans United for Separation of Church and State, Abraham Foxman, Anti-Defamation League, Barry Lynn, Yitzhak Rabin, Trent Duffy, Ariel Sharon, Harry Reid, Pat Robertson

Timeline Tags: US International Relations

John Yoo’s ‘The Powers of War and Peace.’John Yoo’s ‘The Powers of War and Peace.’ [Source: University of Maryland]Libertarian law professor Cass Sunstein reviews a recent book by former Bush legal adviser John Yoo, who authored several of the Bush administration’s most controversial legal opinions concerning terrorism and executive power (see September 21, 2001, September 25, 2001, September 25, 2001, October 4, 2001, October 23, 2001, October 23, 2001, November 2, 2001, November 6-10, 2001, November 15, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24, 2002, January 24-26, 2002, March 13, 2002, April 8, 2002, June 27, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and October 11, 2002). Yoo’s book, The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11, is a compendium of his pre-9/11 academic writings that landed him his job at the Justice Department’s Office of Legal Counsel. Sunstein notes that Yoo, perhaps more than any other single legal scholar, has reshaped the government’s legal stance on any number of issues. He argued for the president’s unilateral ability to declare war without the approval of Congress, the use of “enhanced interrogation techniques” on suspected terrorists, the withdrawal of essential civil liberties and legal rights from suspected terrorists and enemy collaborators, the right of the administration to electronically eavesdrop on the American citizenry without judicial consent or oversight, the ability to ignore or withdraw from international treaties without congressional approval, and more besides. Sunstein writes: “[T]aken as a whole, the claims of the Bush administration may be properly regarded as an effort to create a distinctive set of constitutional understandings for the post-September 11 era. The White House is attempting to create a kind of 9/11 Constitution. A defining feature of these understandings is a strong commitment to inherent presidential authority over national security, including a belief that in crucial domains the president can act without congressional permission, and indeed cannot be checked by congressional prohibitions.” Yoo is a key figure in that effort. Sunstein calls his work interesting but completely one-sided, simply ignoring “the mountainous counter-evidence” against most of his constitutional claims. “Yoo’s reading would require us to ignore far too many statements by prominent figures in the founding generation,” Sunstein writes. “There are not many issues on which James Madison, Thomas Jefferson, John Marshall, Alexander Hamilton, George Washington, James Wilson, John Adams, and Pierce Butler can be said to agree. Were all of them wrong?” Sunstein concludes: “[W]ith respect to war, there is no reason for a 9/11 Constitution. The old one, read in the light of our traditions, will do just fine.” [New Republic, 1/9/2006; Savage, 2007, pp. 81-82]

Entity Tags: Bush administration (43), Office of Legal Counsel (DOJ), John C. Yoo, Cass Sunstein

Timeline Tags: Civil Liberties

A federal appeals court refuses to block the forced redeployment of a California National Guardsman under the Army’s so-called “stop-loss” program (see August 2004). The appeals court finds that the right of the plaintiff, known for purposes of the lawsuit as “John Doe,” were not violated. “[T]he ‘stop-loss’ order extending Doe’s enlistment is a valid exercise of presidential power” authorized by a federal law, and that law neither violates the Fifth Amendment’s requirement of due process of law nor is an improper delegation of congressional power,” writes Circuit Judge Stephen Trott in a unanimous three-judge opinion. Trott also finds that the “stop-loss” order does not conflict with other sections of federal law, and even if it did, it would override such laws. The appeals court upholds a similar finding of a lower court from March 2005. Doe’s attorney, Michael Sorgen, had argued that without a Congressional declaration of war, the president’s power to force soldiers to serve indefinitely violates the Constitutional separation of powers. [Oakland Tribune, 1/14/2006]

Entity Tags: Stephen Trott, ’John Doe’, Michael Sorgen, California National Guard

Timeline Tags: US Military, Iraq under US Occupation

It had been widely reported that the Saudi government began to crack down seriously on al-Qaeda and other radical militants after a 2003 al-Qaeda attack in Saudi Arabia (see May 12, 2003). However, the Los Angeles Times reports that US officials now claim that is not true. While Saudis have been very aggressive and cooperative in cracking down on militants within Saudi Arabia since that attack, they have done little outside the country. Millions of dollars continue to flow from wealthy Saudis through charity fronts to al-Qaeda and other suspected groups, and the Saudi government is doing next to nothing about it. In 2004, the Saudis promised to set up a government commission to police such groups, but they have yet to do so. The Saudi government has also done little to rein in influential radical religious leaders who openly encourage their followers to attack US interests in Iraq and elsewhere in the world. US officials claim that at least five organizations, including the Muslim World League (MWL), the International Islamic Relief Organization (IIRO), and the World Assembly of Muslim Youth (WML), “are headquartered in Saudi Arabia but continue to engage in highly suspect activity overseas.” A senior US counterterrorism official says that some known terrorist financiers continue to “operate and live comfortably in Saudi Arabia” despite US objections. [Los Angeles Times, 1/15/2006]

Entity Tags: Saudi Arabia, International Islamic Relief Organization, Muslim World League, World Assembly of Muslim Youth

Timeline Tags: Complete 911 Timeline

The Justice Department (DOJ) issues a 42-page “white paper” detailing its arguments that the National Security Agency’s warrantless wiretapping program (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, Late 2003-Early 2004, April 19-20, 2004, June 9, 2005, June 9, 2005, December 15, 2005, December 17, 2005, December 19, 2005, December 24, 2005, January 5, 2006, January 18, 2006, January 18, 2006, January 23, 2006, and January 30, 2006) is legal. The DOJ reiterates two previous arguments (see December 19, 2005 and December 21-22, 2005)—that Congress implicitly authorized the program in 2001 when it authorized the Bush administration to begin military actions against al-Qaeda (see September 14-18, 2001), and that the president has the authority as commander in chief to conduct such a program—even though these arguments have been thoroughly refuted (see January 9, 2006) and overridden by the Supreme Court’s recent Hamdan v. Rumsfeld ruling (see December 15, 2005 and July 8, 2006). In its paper, the DOJ declares that if necessary, it will attack the legality of the Foreign Intelligence Surveillance Act (FISA) in order to stop that law from “imped[ing]” the president’s power to order domestic surveillance. In essence, according to columnist and civil liberties lawyer Glenn Greenwald, the DOJ is asserting that the president’s powers are limitless as long as he or she declares a given action necessary to battle terrorism. “Because the president has determined that the NSA activities are necessary to the defense of the United States from a subsequent terrorist attack in the armed conflict with al-Qaeda, FISA would impermissibly interfere with the president’s most solemn constitutional obligation—to defend the United States against foreign attack,” the DOJ claims. Neither Congress nor the court system has the right to limit or even review the president’s powers, according to the DOJ. Greenwald calls the DOJ’s argument “a naked theory of limitless presidential power.” In fact, Greenwald argues, the DOJ is asserting that FISA itself is unconstitutional, because no law can in any way limit the president’s power to conduct foreign policy or protect the nation’s security. The document is part of a larger Bush administration defense of the USA Patriot Act, and part of the administration’s push to convince Congress to reauthorize that legislation. Attorney General Alberto Gonzales sends the document to Congress. Justice Department official Steven Bradbury says, “When it comes to responding to external threats to the country… the government would like to have a single executive who could act nimbly and agilely.” [US Department of Justice, 1/19/2006 pdf file; Glenn Greenwald, 1/20/2006; Washington Post, 1/20/2006]
Dubious Legality - The program has already been found to be of questionable legality by two reports recently released by the nonpartisan Congressional Research Service (see January 5, 2006 and January 18, 2006). And author James Bamford, a US intelligence expert who has written extensively about the NSA, says that the Justice Department’s arguments are specious in light of Congress’s clear intent in its 1978 passage of FISA to block warrantless wiretapping, and its demonstrated lack of intent to allow any such operations within US borders in the October 2001 legislation. “You could review the entire legislative history in the authorization to use military force and I guarantee you won’t find one word about electronic surveillance,” he says. “If you review the legislative history of FISA, you will find Attorney General Griffin Bell testifying before the intelligence committee saying this was specifically passed to prevent a president from claiming inherent presidential powers to do this again.” [Washington Post, 1/20/2006]
Self-Contradictory Justifications - In 2007, author and reporter Charlie Savage will write of the “shaky foundation” supporting the administration’s “two-pronged attacks on critics of the wiretapping program and the Patriot Act,” which some officials have claimed authorizes the program. “Beneath the simplistic rhetoric, the administration’s position was self-contradicting,” Savage will write. If Bush has the inherent presidential authority to order warrantless wiretapping, then he needs no authorization from the Patriot Act or any other legislation. But if Congress is endangering the nation by delaying in reauthorizing the Patriot Act and thusly not rendering the program legal, then the wiretapping program is illegal after all. The memo attempts to “paper… over” this problem by claiming that, while Bush has the inherent authority to do whatever he feels is necessary to protect the country, the Patriot Act’s extra police powers are still necessary in “contexts unrelated to terrorism.” Savage will write, “In other words, the administration’s own position, hidden in the fine print, was that the Patriot Act was superfluous and irrelevant to the war on terrorism—a somewhat absurd stance made necessary by their desire to say the wiretapping program was legal.” [Savage, 2007, pp. 315]
Failure to Address Probable Beginning of Program Before Attacks - The Justice Department says nothing about the program apparently beginning well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: National Security Agency, James Bamford, Steven Bradbury, US Department of Justice, Griffin Bell, Senate Judiciary Committee, Glenn Greenwald, Foreign Intelligence Surveillance Act, Alberto R. Gonzales, Arlen Specter, George W. Bush, Congressional Research Service, Charlie Savage

Timeline Tags: Civil Liberties

Special counsel Patrick Fitzgerald responds again to the classified document request from the Lewis Libby defense team (see December 14, 2005, January 9, 2006, and January 23, 2006). Fitzgerald reiterates that his office cannot provide some of the classified White House documents that Libby’s lawyers are requesting, and writes that many of the requested materials have no bearing on the perjury and obstruction charges Libby is facing. He also tells the lawyers that his office may not be able to provide some of the documents requested from the Office of the Vice President because that office seems not to have kept them: “We advise you that we have learned that not all e-mail of the Office of Vice President and the Executive Office of the President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system.” [Office of Special Counsel, 1/9/2006 pdf file]

Entity Tags: Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Office of the Vice President, Executive Office of the President

Timeline Tags: Niger Uranium and Plame Outing

President Bush says that the recently passed Detainee Treatment Act (DTA—see December 15, 2005) has no loopholes that would allow US interrogators to torture prisoners. “No American will be allowed to torture another human being anywhere in the world,” he says (see December 30, 2005 and January 2, 2006). [Ireland Online, 1/26/2006]

Entity Tags: George W. Bush, Detainee Treatment Act

Timeline Tags: Torture of US Captives

Lewis Libby’s defense team reiterates its demand for the disclosure of 10 months’ worth of Presidential Daily Briefings, or PDBs, some of the most highly classified of government documents (see December 14, 2005, January 9, 2006, and January 23, 2006). Defense lawyer John Cline has said he wants the information in part to compensate for what he says is Libby’s imperfect recollection of conversations he had with Vice President Dick Cheney and other government officials regarding CIA official Valerie Plame Wilson (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). In documents filed with the court, Libby’s lawyers argue, “Mr. Libby will show that, in the constant rush of more pressing matters, any errors he made in FBI interviews or grand jury testimony, months after the conversations, were the result of confusion, mistake, faulty memory, rather than a willful intent to deceive” (see January 31, 2006). Special prosecutor Patrick Fitzgerald has already informed Cline that his office has only “received a very discrete amount of material relating to PDBs” and “never requested copies of PDBs” themselves, in part because “they are extraordinarily sensitive documents which are usually highly classified.” Furthermore, Fitzgerald wrote that only a relatively small number of the PDB information he has received refers to Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002). Cline is considered an expert in using “graymail” techniques—demanding the broad release of classified documents from the government, and, when those requests are denied, demanding dismissal of charges against his client. He was successful at having the most serious charges dismissed against an earlier client, former Colonel Oliver North, in the Iran-Contra trials (see May-June, 1989). [US District Court for the District of Columbia, 1/31/2006 pdf file; National Journal, 2/6/2006]

Entity Tags: Valerie Plame Wilson, John Cline, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Senators Lindsey Graham (R-SC) and Jon Kyl (R-AZ) file an amicus curiae brief with the Supreme Court in the case of Hamdan v. Rumsfeld (see June 30, 2006) saying that because of the passage of the Detainee Treatment Act (DTA—see December 15, 2005), the Court no longer has jurisdiction over the case. Graham and Kyl argue their point by citing the “legislative history” of the DTA, in particular the official statements Graham and Kyl made during debate over the bill, and specifically an “extensive colloquy” between the two that appears in the Congressional Record for December 21, 2005. Graham and Kyl argue that this “colloquy,” which argues that Guantanamo prisoners have no rights under the standard of habeas corpus, stands as evidence that “Congress was aware” that the DTA would strip the Court of jurisdiction over cases that involve Guantanamo detainees. (The Senate included an amendment written by Graham, Kyl, and Carl Levin (D-MI) to the DTA that would reject habeas claims in future court cases, but does not apply retroactively to cases already filed, such as Hamdan.) However, Graham and Kyl never engaged in such a discussion on the floor of the Senate. Instead, they had the text inserted in the Record just before the law passed (see December 30, 2005), meaning that no one in Congress heard their discussion. The brief indicates that the discussion happened during the debate over the bill when it did not. The Record indicates that the discussion that did take place concerning the Hamdan case comes from Democrats, and explicitly state that the DTA has no bearing on the case. C-SPAN video coverage of the debate proves that Graham and Kyl never made those statements, and Senate officials confirm that the discussion was inserted later into the Record. But in their brief, Graham and Kyl state that “the Congressional Record is presumed to reflect live debate except when the statements therein are followed by a bullet… or are underlined.” The Record shows no such formatting, therefore, says the brief, it must have been live. The debate between Graham and Kyl is even written to make it appear as if it had taken place live, with Graham and Kyl answering each other’s questions, Kyl noting that he is nearing the end of his allotted time, and another senator, Sam Brownback (R-KS) apparently attempting to interject a question. Lawyers for the prosecution will strenuously object to the brief, and Justice Department defense lawyers will use the brief as a centerpiece for their argument that the Supreme Court should throw the case out. [US Supreme Court, 2/2006 pdf file; Slate, 3/27/2006; FindLaw, 7/5/2006] Former Nixon White House counsel John Dean will call the brief “a blatant scam,” and will accuse Graham and Kyl of “misle[ading] their Senate colleagues, but also sham[ing] their high offices by trying to deliberately mislead the US Supreme Court.… I have not seen so blatant a ploy, or abuse of power, since Nixon’s reign.… [Graham and Kyl] brazenly attempted to hoodwink the Court regarding the actions of Congress in adopting the DTA.” [FindLaw, 7/5/2006] Their efforts will not be successful, as the Supreme Court will ultimately rule against the Republican position in Hamdan vs. Rumsfeld (see June 30, 2006).

Entity Tags: John Dean, Detainee Treatment Act, US Department of Justice, US Supreme Court, Samuel Brownback, Jon Kyl, Lindsey Graham, Carl Levin

Timeline Tags: Torture of US Captives, Civil Liberties

According to sources with firsthand knowledge, alleged perjurer Lewis Libby (see October 28, 2005), the former chief of staff for Vice President Dick Cheney, has given indications of the nature of his defense in his upcoming trial (see January 16-23, 2007). Libby will tell the court that he was authorized by Cheney and other senior Bush administration officials to leak classified information to reporters to build public support for the Iraq invasion and rebut criticism of the war. Prosecutors believe that other White House officials involved in authorizing the leak of classified information may include former Deputy National Security Adviser Stephen Hadley and White House political strategist Karl Rove. Libby has already made this claim to the grand jury investigating the Plame Wilson identity leak (see March 24, 2004). As he told the grand jury, Libby will claim that he was authorized to leak classified information to rebut claims from former ambassador Joseph Wilson, Valerie Plame Wilson’s husband, that the Bush administration had misrepresented intelligence information to make a public case for war. Libby allegedly outed Plame Wilson, a covert CIA agent, as part of the White House’s effort to discredit Wilson. Libby is not charged with the crime of revealing a covert CIA agent, but some of the perjury charges center on his denials of outing Plame Wilson to the FBI and to the grand jury. Libby has admitted revealing Plame Wilson’s identity to reporter Judith Miller (see August 6, 2005); he also revealed classified information to Miller.
Risk of Implicating Cheney - Law professor Dan Richman, a former federal prosecutor, says it is surprising that Libby would use such a defense strategy. “One certainly would not expect Libby, as part of his defense, to claim some sort of clear authorization from Cheney where none existed, because that would clearly risk the government’s calling Cheney to rebut that claim.” Reporter Murray Waas writes that Libby’s defense strategy would further implicate Cheney in the White House’s efforts to discredit and besmirch Wilson’s credibility (see October 1, 2003), and link him to the leaks of classified information and Plame Wilson’s CIA identity. It is already established that Libby learned of Plame Wilson’s CIA status from Cheney and at least three other government officials (see 12:00 p.m. June 11, 2003 and (June 12, 2003)).
Similarities to North's Iran-Contra Defense Strategy - Waas compares Libby’s defense strategy to that of former Colonel Oliver North, charged with a variety of crimes arising from the Iran-Contra scandal (see February 1989). Libby’s defense team includes John Cline, who represented North during his trial. Critics call Cline a “graymail” specialist, who demands the government disclose classified information during a trial, and uses potential refusals to ask for dismissal of charges. Cline won the dismissal of many of the most serious charges against North when Reagan administration officials refused to declassify documents he said were necessary for North’s defense. The special counsel for the Iran-Contra investigation, Lawrence Walsh, believed that Reagan officials refused to declassify the documents because they were sympathetic to North, and trying North on the dismissed charges would have exposed further crimes committed by more senior Reagan officials. It is likely that Cline is using a similar strategy with Libby, according to Waas. Cline has already demanded the disclosure of 10 months’ worth of Presidential Daily Briefings (PDBs), some of the most highly classified documents in government (see January 31, 2006). The Bush administration has routinely denied requests for PDB disclosures. A former Iran-Contra prosecutor says: “It was a backdoor way of shutting us down. It was a cover-up by means of an administrative action, and it was an effective cover-up at that.… The intelligence agencies do not declassify things on the pretext that they are protecting state secrets, but the truth is that we were investigating and prosecuting their own. The same was true for the Reagan administration. Cline was particularly adept at working the system.” Michael Bromwich, a former associate Iran-Contra independent counsel and a former Justice Department inspector general, says it might be more difficult for the Bush administration to use a similar strategy to undercut special counsel Patrick Fitzgerald, because Fitzgerald was appointed by the attorney general, not a panel of judges as were Walsh and Whitewater special prosecutor Kenneth Starr. Both Walsh and Starr alleged that they were impeded by interference from political appointees in the Justice Department. Bromwich’s fellow associate Iran-Contra counsel William Treanor, now the dean of Fordham University’s Law School, agrees: “With Walsh or Starr, the president and his supporters could more easily argue that a prosecutor was overzealous or irresponsible, because there had been a three-judge panel that appointed him,” Treanor says. “With Fitzgerald, you have a prosecutor who was appointed by the deputy attorney general [at the direction of the attorney general]. The administration almost has to stand behind him because this is someone they selected themselves. It is harder to criticize someone you yourself put into play.” [National Journal, 2/6/2006]
'This Is Major' - Progressive author and columnist Arianna Huffington writes: “This proves just how far the White House was willing to go to back up its deceptive claims about why we needed to go to war in Iraq. The great protectors of our country were so concerned about covering their lies they were willing to pass out highly classified information to reporters. And remember—and this is the key—it’s not partisan Democrats making this claim; it’s not Bush-bashing conspiracy theorists, or bloggers reading the Aspen roots (see September 15, 2005). This information is coming from special prosecutor Patrick Fitzgerald as filed in court papers. This is major.” [Huffington Post, 2/9/2006]

Entity Tags: Judith Miller, Valerie Plame Wilson, Joseph C. Wilson, Dan Richman, Bush administration (43), Arianna Huffington, Stephen J. Hadley, Richard (“Dick”) Cheney, William Treanor, Patrick J. Fitzgerald, Lawrence E. Walsh, Kenneth Starr, Karl C. Rove, Lewis (“Scooter”) Libby, Reagan administration, Murray Waas, John Cline, Michael Bromwich

Timeline Tags: Niger Uranium and Plame Outing

Jaber Elbaneh.Jaber Elbaneh. [Source: Yahya Arhab / EPA / Corbi]Twenty-three suspected al-Qaeda operatives break out of a high-security prison in the Yemeni capital of Sana’a. Escapees include Jamal al-Badawi, wanted for a role in the bombing of the USS Cole (see October 12, 2000), and Jaber Elbaneh, a US citizen believed to be linked to the alleged al-Qaeda sleeper cell in Lackawanna, New York (see April-August 2001). The men allegedly tunnel their way from the prison to the bathroom of a neighboring mosque. However, the New York Times will later comment: “[T]hat account is viewed with great skepticism, both in the United States and in Yemen. Many in Yemen say the escape could not have taken place without assistance, whether from corrupt guards or through a higher-level plan.” [New York Times, 3/1/2008] The prison is located in the basement of the Political Security Organization (PSO), Yemen’s equivalent of the FBI. Several days later, a cable sent from the US embassy in Yemen notes “the lack of obvious security measures on the streets,” and concludes, “One thing is certain: PSO insiders must have been involved.” Newsweek comments: “[P]rivately, US officials say the plotters must have had serious—possibly high-level—help at the Political [Security Organization].…. [T]he head of the PSO, Ali Mutahar al-Qamish, is said to be under suspicion, according to two US officials.” [Newsweek, 2/13/2006] Al-Badawi and nine others escaped a Yemeni prison in 2003 and then were recaptured one year later (see April 11, 2003-March 2004). Al-Badawi and Elbaneh turn themselves in to the Yemeni government in 2007 and then are freed (see October 17-29, 2007 and February 23, 2008).

Entity Tags: Jamal al-Badawi, Ali Mutahar al-Qamish, Jaber Elbaneh, Yemeni Political Security Organization

Timeline Tags: Complete 911 Timeline

Author and columnist David Corn, who was the first member of the media to speculate that Valerie Plame Wilson’s exposure as a CIA official may have been a crime (see July 16, 2003), now speculates that the Lewis Libby defense team may resort to “graymail” to derail Libby’s criminal prosecution (see After October 28, 2005 and January 31, 2006). Corn writes: “[Y]ears ago defense attorneys representing clients connected to the national security establishment—say, a former CIA employee gone bad—figured out a way to squeeze the government in order to win the case: Claim you need access to loads of classified information in order to mount a defense—more than might truly be necessary. Of course, the government is going to put up a fight. It may release some information—but not everything a thorough defense attorney will say is needed. The goal is to get the government to say no to the informant. Then the defense attorney can attempt to convince the judge that without access to this material he or she cannot put up an adequate defense. If the lawyer succeeds, it’s case dismissed. In such situations, the defendant is essentially saying, ‘Prosecute me and I’ll blow whatever government secrets I can.’” Corn notes the defense’s requests for 10 months of highly classified Presidential Daily Briefings (PDBs), a request that may yet be granted (see February 24, 2006) and as such, will set up a battle with the Bush White House, which is almost certain to refuse to release any PDBs. Corn also notes defense requests for information surrounding Plame Wilson’s covert CIA status (see Fall 1992 - 1996 and April 2001 and After), another request that, if granted, will likely be refused by the CIA. Both scenarios are openings for the defense to ask for the dismissal of all charges against their client. And Libby’s team may ask for further classified information, from the State Department, the National Security Council, and the Office of the President. [Nation, 2/6/2006]

Entity Tags: Valerie Plame Wilson, Bush administration (43), Central Intelligence Agency, Lewis (“Scooter”) Libby, David Corn

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald makes a filing to the court in opposition to the Lewis Libby defense team’s requests for highly classified information (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, and February 21, 2006), requests that some have characterized as an attempt to “graymail” the government (see After October 28, 2005, January 31, 2006, and February 6, 2006) by threatening to reveal national security secrets. In his brief, Fitzgerald calls the defense request for almost 11 months of Presidential Daily Briefings (PDBs) “breathtaking” and unnecessary for a perjury defense. “The defendant’s effort to make history in this case by seeking 277 PDBs in discovery—for the sole purpose of showing that he was ‘preoccupied’ with other matters when he gave testimony to the grand jury—is a transparent effort at ‘greymail.’” [Nation, 2/17/2006]

Entity Tags: Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

The Lewis Libby defense team files a rejoinder to the special counsel’s request that the team not be granted access to classified White House documents (see February 16, 2006). Libby’s lawyers call the request “entirely unconvincing” and based on “phantom concerns” over executive privilege, “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)), and “illusory grand jury secrecy interests.” The motion requests that all documents previously requested be provided to the defense by the special counsel. [US District Court for the District of Columbia, 2/21/2006 pdf file; Jurist, 2/22/2006] “Denying Mr. Libby’s requests because they pertain to ‘extraordinarily sensitive’ documents would have the effect of penalizing Mr. Libby for serving in a position that required him to address urgent national security matters every day,” Libby’s lawyers write. Responding to the accusations of “graymail,” they write, “The government’s ‘greymail’ accusation is not only false, but insulting.” [Associated Press, 2/22/2006] One of Libby’s lawyers, Theodore Wells, files a separate affidavit in support of the team’s motion. [US District Court for the District of Columbia, 2/21/2006 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Theodore Wells

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton rules that the defense team for indicted former White House official Lewis Libby (see October 28, 2005) will be provided copies of notes Libby took in 2003 and 2004, while he served as chief of staff to Vice President Dick Cheney. Libby’s lawyers have argued that their client needs these notes to prove that he did not lie to federal investigators about his involvement in the leak of covert CIA official Valerie Plame Wilson’s identity (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Walton puts off a decision as to whether Libby can have copies of other materials, including copies of the highly classified Presidential Daily Briefs (PDBs—see January 31, 2006). Walton writes that he fears Libby’s request may “sabotage” the case because he expects President Bush to invoke executive privilege and refuse to turn over the PDBs. “The vice president—his boss—said these are the family jewels,” Walton notes, referring to previous descriptions of the PDBs by Cheney. “If the executive branch says, ‘This is too important to the welfare of the nation and we’re not going to comply,’ the criminal prosecution goes away.” Walton also denies a defense request to stop special counsel Patrick Fitzgerald from filing information for Walton’s review, such as strategy memos and classified information Fitzgerald wants withheld from Libby’s lawyers. Walton says he needs to see what Fitzgerald is withholding from the defense to ensure the prosecutor is making the correct call. [Jurist, 2/25/2006; Associated Press, 2/27/2006]

Entity Tags: Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Reggie B. Walton, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton issues an order significantly curtailing the Lewis Libby defense team’s requests for highly classified White House materials (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and February 21, 2006). Walton’s orders indicate that he may accept the defense team’s requests for some, but not all, of the highly classified Presidential Daily Briefings (PDBs), requests that have become a source of conflict between the defense and the prosecution. “Upon closer reflection, it is becoming apparent to this court that what is possibly material to the defendant’s ability to develop his defense” is not every detail from the briefings that Libby received as Cheney’s national security adviser, Walton says. The defense says it needs the PDBs to establish how busy Libby was with national security matters and therefore bolster their expected defense of Libby’s failure to remember his conversations about outed CIA official Valerie Plame Wilson when he allegedly lied to the FBI and to the grand jury (Libby’s so-called “memory defense”—see October 14, 2003, November 26, 2003, March 5, 2004, March 24, 2004, and January 31, 2006). General descriptions of the briefings from specific time periods might be sufficient, Walton continues. Walton also asks the CIA to tell him what, if any, documents the Libby team has requested from it might be available. Washington attorney Lawrence Barcella says Walton’s efforts would hamper Libby’s defense strategy. “What makes the defense so viable is for him to show the enormity of what he dealt with on a daily basis,” Barcella says. “If you sanitize it just so you can get past the classified information issue, you significantly lessen the potential impact of it.” [Associated Press, 2/27/2006; US District Court for the District of Columbia, 2/27/2006 pdf file] Criminal defense attorney Jeralyn Merritt, writing for the progressive blog TalkLeft, states: “I think Libby has boxed himself in on his memory defense. He now has a huge burden to show that he was so preoccupied with other matters on six or seven different occasions that he couldn’t accurately remember what he told or was told by [reporters Judith] Miller, [Matthew] Cooper, and [Tim] Russert. It’s almost like using the space cadet defense many drug defendants offer, rarely sucessfully.” [Jeralyn Merritt, 2/27/2006]

Entity Tags: Reggie B. Walton, Bush administration (43), Jeralyn Merritt, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Lawrence Barcella

Timeline Tags: Niger Uranium and Plame Outing

The Al Haramain Islamic Foundation, a now-defunct Saudi Arabian charitable organization that once operated in Oregon, sues the Bush administration [Associated Press, 2/28/2006] over what it calls illegal surveillance of its telephone and e-mail communications by the National Security Agency, the so-called Terrorist Surveillance Program. The lawsuit may provide the first direct evidence of US residents and citizens being spied upon by the Bush administration’s secret eavesdropping program, according to the lawsuit (see December 15, 2005). According to a source familiar with the case, the NSA monitored telephone conversations between Al Haramain’s director, then in Saudi Arabia, and two US citizens working as lawyers for the organization and operating out of Washington, DC. The lawsuit alleges that the NSA violated the Foreign Intelligence Surveillance Act (see 1978), the US citizens’ Fourth Amendment rights, and the attorney-client privilege. FISA experts say that while they are unfamiliar with the specifics of this lawsuit, they question whether a FISA judge would have allowed surveillance of conversations between US lawyers and their client under the circumstances described in the lawsuit. Other lawsuits have been filed against the Bush administration over suspicions of illegal government wiretapping, but this is the first lawsuit to present classified government documents as evidence to support its contentions. The lawsuit alleges that the NSA illegally intercepted communications between Al Haramain officer Suliman al-Buthe in Saudi Arabia, and its lawyers Wendell Belew and Asim Ghafoor in Washington. One of its most effective pieces of evidence is a document accidentally turned over to the group by the Treasury Department, dated May 24, 2004, that shows the NSA did indeed monitor conversations between Al Haramain officials and lawyers. When Al Haramain officials received the document in late May, 2004, they gave a copy to the Washington Post, whose editors and lawyers decided, under threat of government prosecution, to return the document to the government rather than report on it (see Late May, 2004). [Washington Post, 3/2/2006; Washington Post, 3/3/2006] Lawyer Thomas Nelson, who represents Al Haramain and Belew, later recalls he didn’t realize what the organization had until he read the New York Times’s December 2005 story of the NSA’s secret wiretapping program (see December 15, 2005). “I got up in the morning and read the story, and I thought, ‘My god, we had a log of a wiretap and it may or may not have been the NSA and on further reflection it was NSA,’” Nelson will recall. “So we decided to file a lawsuit.” Nelson and other lawyers were able to retrieve one of the remaining copies of the document, most likely from Saudi Arabia, and turned it over to the court as part of their lawsuit. [Wired News, 3/5/2007]
Al Haramain Designated a Terrorist Organization - In February 2004, the Treasury Department froze the organization’s US financial assets pending an investigation, and in September 2004, designated it a terrorist organization, citing ties to al-Qaeda and alleging financial ties between Al Haramain and the 1998 bombings of two US embassies in Africa (see 10:35-10:39 a.m., August 7, 1998). The organization was disbanded by the Saudi Arabian government in June 2004 and folded into an “umbrella” private Saudi charitable organization, the Saudi National Commission for Relief and Charity Work Abroad (see March 2002-September 2004). In February 2005, the organization was indicted for conspiring to funnel money to Islamist fighters in Chechnya. The charges were later dropped. [US Treasury Department, 9/9/2004; Washington Post, 3/2/2006] The United Nations has banned the organization, saying it has ties to the Taliban. [United Nations, 7/27/2007]
Challenging Designation - In its lawsuit, Al Haramain is also demanding that its designation as a terrorist organization be reversed. It says it can prove that its financial support for Chechen Muslims was entirely humanitarian, with no connections to terrorism or violence, and that the Treasury Department has never provided any evidence for its claims that Al Haramain is linked to al-Qaeda or has funded terrorist activities. [Associated Press, 8/6/2007] The lawsuit also asks for $1 million in damages, and the unfreezing of Al Haramain’s US assets. [Associated Press, 8/5/2007]
Administration Seeks to Have Lawsuit Dismissed - The Bush administration will seek to have the lawsuit thrown out on grounds of national security and executive privilege (see Late 2006-July 2007, Mid-2007).

Entity Tags: Wendell Belew, Suliman al-Buthe, Taliban, Washington Post, United Nations, Saudi National Commission for Relief and Charity Work Abroad, US Department of the Treasury, National Security Agency, Thomas Nelson, Foreign Intelligence Surveillance Act, Al Haramain Islamic Foundation, Al-Qaeda, Al Haramain Islamic Foundation (Oregon branch), Foreign Intelligence Surveillance Court, Asim Ghafoor, Bush administration (43)

Timeline Tags: Civil Liberties

Governor Mike Rounds (R-SD) of South Dakota signs a bill into law that bans almost all abortions in his state. The law makes all abortions illegal except for cases where the mother’s life is at risk. The law is designed to be appealed to the Supreme Court and give that body a chance to overturn the 1973 Roe v. Wade decision (see January 22, 1973). [CBS News, 4/19/2007] In November 2008, South Dakota voters will vote to repeal the law, by a 56 percent-44 percent margin. [Stateline, 11/8/2008]

Entity Tags: Mike Rounds, US Supreme Court

Timeline Tags: US Health Care

Former ambassador Joseph Wilson, still embroiled in controversy over his attempts to disprove the Bush administration’s claims that Iraq had attempted to purchase uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003), attends the National Day festivities in Morocco. While standing alone, he is approached by an American who identifies himself as a “leading member of the Washington evangelical movement.” Wilson expects to be reviled and lambasted, as has happened so many times before during his encounters with members of the Christian right. Instead, the man grasps his hand and whispers, “You should know that there are many of us that support you.” A surprised Wilson asks why, and the man replies, “[B]ecause we believe in truth, and we know that this government has lied.” [Wilson, 2007, pp. 174-175] Wilson will not identify the evangelical; it is not clear that he knows the man’s identity.

Entity Tags: Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Zacarias Moussaoui.Zacarias Moussaoui. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui becomes the first and only person charged in direct connection with the 9/11 attacks to stand trial in the US. [Associated Press, 3/17/2006] He was preparing to hijack an aircraft and fly it into a target when he was arrested 26 days before 9/11 (see August 16, 2001 and April 22, 2005). Although there has been disagreement whether Moussaoui was to take part in the actual attack of 9/11 or a follow-up plot (see January 30, 2003), the prosecution alleges that Moussaoui had information related to the attacks (see August 16, 2001) and facilitated them by lying and not disclosing everything he knew to the FBI. He is charged with six counts, including conspiracy to commit acts of terrorism and conspiracy to commit aircraft piracy. [US District Court for the Eastern District of Virginia, Alexandria Division, 12/11/2001 pdf file] The trial receives much media coverage and the highlights include the playing of United 93’s cockpit recorder (see April 12, 2006), a row over a government lawyer coaching witnesses (see March 13, 2006), and testimony by FBI agent Harry Samit (see March 9 and 20, 2006), former FBI assistant director Michael Rolince (see March 21, 2006), and Moussaoui himself (see March 27, 2006). Moussaoui is forced to wear a stun belt, controlled by one of the marshalls, under his jumpsuit. The belt is to be used if Moussaoui lunges at a trial participant. [New York Times, 4/17/2006] He has already pleaded guilty (see April 22, 2005) and the trial is divided into two phases; in the first phase the jury decides that Moussaoui is eligible for the death penalty, but in the second phase it fails to achieve unanimity on whether Moussaoui should be executed (see May 3, 2006). [Associated Press, 4/3/2006; New York Times, 4/17/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush signs the USA Patriot Improvement and Reauthorization Act of 2005 into law. The bill, which extends and modifies the original USA Patriot Act (see October 26, 2001), was driven through Congress primarily by the Republican majorities in both Houses. However, Senator Dianne Feinstein (D-CA) cosponsored the Senate bill, numerous Democrats in both Houses voted with the Republicans in favor of the bill, and the final bill sailed through the Senate by an 89-10 vote on March 2. [GovTrack, 3/9/2006; Library of Congress, 3/9/2006] In the signing ceremony, Bush calls the Reauthorization Act “a really important piece of legislation… that’s vital to win the war on terror and to protect the American people.” He repeatedly evokes the 9/11 attacks as a reason why the new law is needed. [Government Printing Office, 3/9/2006]
Provisions for Oversight Added - One of the reasons why the reauthorization bill received such support from Congressional moderates on both sides of the aisle is because Congress added numerous provisions for judicial and Congressional oversight of how government and law enforcement agencies conduct investigations, especially against US citizens. Representative Butch Otter (R-ID) said in 2004 that Congress came “a long way in two years, and we’ve really brought an awareness to the Patriot Act and its overreaches that we gave to law enforcement.” He adds, “We’ve also quieted any idea of Patriot II, even though they snuck some of Patriot II in on the intelligence bill” (see February 7, 2003). [Associated Press, 1/23/2004]
Opposition From Both Sides - Liberal and conservative organizations joined together in unprecedented cooperation to oppose several key provisions of the original reauthorization and expansion of the Patriot Act, including easing of restrictions on government and law enforcement agencies in obtaining financial records of individuals and businesses, “sneak-and-peek” searches without court warrants or the target’s knowledge, and its “overbroad” definition of the term “terrorist.” Additionally, lawmakers in Congress insisted on expiration dates for the various surveillance and wiretapping methodologies employed by the FBI and other law enforcement agencies (see Early 2002). [Associated Press, 5/23/2005] The final bill mandates that anyone subpoenaed for information regarding terrorist investigations has the right to challenge the requirement that they not reveal anything about the subpoena, those recipients will not be required to tell the FBI the name of their lawyer, and libraries that are not Internet service providers will not be subject to demands from “national security letters” for information about their patrons. Many of the bill’s provisions will expire in four years. [Christian Science Monitor, 3/3/2006]
Reauthorizing Original Provisions - The bill does reauthorize many expiring provisions of the original Patriot Act, including one that allows federal officials to obtain “tangible items,” such as business records from libraries and bookstores, in connection with foreign intelligence and international terrorism investigations. Port security provisions are strengthened, and restrictions on the sale of over-the-counter cold and allergy medicine that can be used in the illegal manufacture of methamphetamine are imposed, forcing individuals to register their purchases of such medicines and limiting the amounts they can buy. [CBS News, 3/9/2006]
Bush Signing Statement Says He Will Ignore Oversight Mandates - But when he signs the bill into law, Bush also issues a signing statement that says he has no intention of obeying mandates that enjoin the White House and the Justice Department to inform Congress about how the FBI is using its new powers under the bill. Bush writes that he is not bound to tell Congress how the new Patriot Act powers are being used, and in spite of what the law requires, he can and will withhold information if he decides that such disclosure may “impair foreign relations, national security, the deliberative process of the executive, or the performance of the executive’s constitutional duties.” [Statement on Signing the USA PATRIOT Improvement and Reauthorization Act, 3/9/2006; Boston Globe, 3/24/2006] Senator Patrick Leahy (D-VT) says that Bush’s assertion that he can ignore provisions of the law as he pleases, under the so-called “unitary executive” theory, are “nothing short of a radical effort to manipulate the constitutional separation of powers and evade accountability and responsibility for following the law.” Law professor David Golove says the statement is illustrative of the Bush administration’s “mind-bogglingly expansive conception” of executive power, and its low regard for legislative power. [Boston Globe, 3/24/2006] Author and legal expert Jennifer Van Bergen warns of Bush using this signing statement to avoid accountability about the NSA’s warrantless wiretapping program, writing: “[I]t is becoming clearer every day that Bush has no qualms about violating either international laws and obligations or domestic laws. The recent revelations about the secret NSA domestic surveillance program revealed Bush flagrantly violating the Foreign Intelligence Surveillance Act which was specifically enacted to prevent unchecked executive branch surveillance. … His signing statements, thus, are nothing short of an attempt to change the very face of our government and our country.” [Institute for Public Accuracy, 3/27/2006]
Request to Rescind Signing Statement - In late March, Democratic House members Jane Harman and John Conyers will write to Attorney General Alberto Gonzales requesting that the administration rescind the signing statement, writing: “As you know, ‘signing statements’ do not have the force of law. Legislation passed by both Houses and signed by the president does. As Article 1, Section 7, of the Constitution states: ‘Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it.’” Bush and Gonzales will ignore the request. [US House of Representatives, 3/29/2006]

Entity Tags: US Department of Justice, Domestic Security Enhancement Act of 2003, David Golove, Alberto R. Gonzales, Butch Otter, Dianne Feinstein, Patrick J. Leahy, USA Patriot Act, John Conyers, Federal Bureau of Investigation, National Security Agency, Foreign Intelligence Surveillance Act, Jennifer Van Bergen, Jane Harman, George W. Bush

Timeline Tags: Civil Liberties

Senator Russell Feingold (D-WI) tells reporters that he intends to push through legislation that would censure President Bush because of his domestic surveillance program (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, Late 2003-Early 2004, April 19-20, 2004, June 9, 2005, June 9, 2005, December 15, 2005, December 17, 2005, December 19, 2005, December 24, 2005, January 5, 2006, January 18, 2006, January 18, 2006, January 23, 2006, and January 30, 2006). “What the president did by consciously and intentionally violating the Constitution and laws of this country with this illegal wiretapping has to be answered,” Feingold tells an interviewer. “Proper accountability is a censuring of the president, saying, ‘Mr. President, acknowledge that you broke the law, return to the law, return to our system of government.‘… The president has broken the law and, in some way, he must be held accountable.… Congress has to reassert our system of government, and the cleanest and the most efficient way to do that is to censure the president. And, hopefully, he will acknowledge that he did something wrong.” Senate Majority Leader Bill Frist (R-TN) calls Feingold’s proposal “a crazy political move.” The Senate Intelligence Committee, following the Bush administration’s lead, has rejected some Democrats’ call for a full investigation of the surveillance program (see February 1-6, 2006). Instead, the committee has adopted a Republican plan for a seven-member subcommittee to conduct oversight. Feingold says his censure motion is not “a harsh approach, and it’s one that I think should lead to bipartisan support.” Frist, however, says: “I think it, in part, is a political move because here we are, the Republican Party, the leadership in the Congress, supporting the president of the United States as commander in chief who is out there fighting al-Qaeda and the Taliban and Osama bin Laden and the people who have sworn—have sworn—to destroy Western civilization and all the families listening to us.… The signal that it sends that there is in any way a lack of support for our commander in chief who is leading us with a bold vision in a way that we know is making our homeland safer is wrong. And it sends a perception around the world.” Only once in history has a president been censured by Congress: Andrew Jackson in 1834. In the House, Representative John Conyers (D-MI) is exploring the idea of introducing impeachment legislation against Bush. [New York Times, 3/12/2006; Associated Press, 3/12/2006] Feingold says on the Senate floor: “The president has violated the law and Congress must respond. A formal censure by Congress is an appropriate and responsible first step to assure the public that when the president thinks he can violate the law without consequences, Congress has the will to hold him accountable.” Most Congressional Democrats want nothing to do with either Feingold’s or Conyers’s legislative ideas, and some Republicans seem to be daring Democrats to vote for the proposal. Vice President Dick Cheney tells a Republican audience in Feingold’s home state of Wisconsin, “Some Democrats in Congress have decided the president is the enemy.” Democratic leaders in the Senate thwart an immediate vote as requested by Frist, and Senator Richard Durbin (D-IL) says he is not sure the proposal will ever come to a vote. Senate Minority Leader Harry Reid (D-NV) says he does not support it and has not read it. Senator Joseph Lieberman (D-CT) makes a similar assertion. In the House, Minority Leader Nancy Pelosi (D-CA) refuses to support such a proposal, saying in a statement that she “understands Senator Feingold’s frustration that the facts about the NSA domestic surveillance program have not been disclosed appropriately to Congress. Both the House and the Senate must fully investigate the program and assign responsibility for any laws that may have been broken.” [Associated Press, 3/14/2006] Former Nixon aide John Dean testifies in support of Feingold’s censure motion (see March 31, 2006). However, the censure motion, lacking support from Democratic leaders and being used by Republicans as a means to attack Democrats’ patriotism, never comes to a vote. [Klein, 2009, pp. 84]

Entity Tags: Joseph Lieberman, George W. Bush, Bush administration (43), Bill Frist, Harry Reid, John Dean, Russell D. Feingold, Senate Intelligence Committee, Richard (“Dick”) Durbin, Richard (“Dick”) Cheney, Nancy Pelosi, John Conyers

Timeline Tags: Civil Liberties

A court filing by Lewis Libby’s defense team lists the witnesses the lawyers say they intend to put on the stand in their client’s defense. The list includes:
bullet Former Deputy Secretary of State Richard Armitage (see June 13, 2003, After October 28, 2005, and November 14, 2005);
bullet Former White House press secretary Ari Fleischer (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003);
bullet Former Undersecretary of State Marc Grossman (see June 10, 2003);
bullet Former Secretary of State Colin Powell (see July 16, 2004);
bullet White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003);
bullet Former CIA Director George Tenet (see June 11 or 12, 2003, July 11, 2003 and 3:09 p.m. July 11, 2003);
bullet Former US ambassador Joseph Wilson (see July 6, 2003);
bullet Former CIA covert operative Valerie Plame Wilson (see July 14, 2003);
bullet National Security Adviser Stephen Hadley (see July 21, 2003 and November 14, 2005);
bullet CIA briefers Craig Schmall (see 7:00 a.m. June 14, 2003), Peter Clement, and/or Matt Barrett;
bullet Former CIA officials Robert Grenier (see 4:30 p.m. June 10, 2003, 2:00 p.m. June 11, 2003, and 5:27 p.m. June 11, 2003) and/or John McLaughlin (see June 11 or 12, 2003);
bullet Former CIA spokesman Bill Harlow (see 5:27 p.m. June 11, 2003, (July 11, 2003), and Before July 14, 2003);
bullet Vice President Dick Cheney’s chief of staff David Addington (see July 8, 2003);
bullet Former Cheney press secretary Cathie Martin (see 5:27 p.m. June 11, 2003); and
bullet Cheney himself (see July 12, 2003 and Late September or Early October, 2003).
The defense also:
bullet Wants notes from a September 2003 White House briefing where Powell reportedly claimed that many people knew of Plame Wilson’s CIA identity before it became public knowledge;
bullet Implies that Grossman may not be an unbiased witness;
bullet Suspects Fleischer may have already cooperated with the investigation (see June 10, 2004);
bullet Intends to argue that Libby had no motive to lie to either the FBI (see October 14, 2003 and November 26, 2003) or the grand jury (see March 5, 2004 and March 24, 2004); and
bullet Intends to argue that columnist Robert Novak’s primary source for his column exposing Plame Wilson as a CIA official was not Libby, but “a source outside the White House” (see July 8, 2003). [US District Court for the District of Columbia, 3/17/2006 pdf file; Jeralyn Merritt, 3/18/2006]
Criminal defense attorney Jeralyn Merritt believes Libby’s team may be preparing to lay blame for the Plame Wilson leak on Grossman. She writes that, in her view, “Libby’s lawyers are publicly laying out how they intend to impeach him: by claiming he is not to be believed because (either or both) his true loyalty is to Richard Armitage rather than to the truth, or he is a self-aggrandizing government employee who thinks of himself a true patriot whose duty it is to save the integrity of the State Department.” [Jeralyn Merritt, 4/4/2006] Libby’s lawyers indicate that they will challenge Plame Wilson’s significance as a covert CIA official (see Fall 1992 - 1996, April 2001 and After, Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006). “The prosecution has an interest in continuing to overstate the significance of Ms. Wilson’s affiliation with the CIA,” the court filing states. They also intend to attempt to blame Armitage, Grossman, Grenier, McLaughlin, Schmall, and/or other officials outside the White House proper as the real sources for the Plame Wilson identity leak. [US District Court for the District of Columbia, 3/17/2006 pdf file; Truthout (.org), 3/18/2006]

Entity Tags: Valerie Plame Wilson, Robert Novak, Robert Grenier, Catherine (“Cathie”) Martin, Colin Powell, Ari Fleischer, Central Intelligence Agency, Bush administration (43), Bill Harlow, Richard Armitage, Richard (“Dick”) Cheney, Stephen J. Hadley, Matt Barrett, George J. Tenet, Peter Clement, Craig Schmall, Jeralyn Merritt, John E. McLaughlin, David S. Addington, Karl C. Rove, Joseph C. Wilson, Marc Grossman, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

There is a tumultuous trial of al-Qaeda operative Luai Sakra before he is finally convicted in early 2007. Sakra, considered a high-ranking leader, is on trial for co-masterminding a series of bombings in Istanbul, Turkey in 2003 (see November 15-20, 2003). There is also considerable evidence that he was an informant for the CIA, Turkey, and Syria (see 2000 and September 10, 2001). Having already confessed to assisting a number of attacks, including the 9/11 plot (see Early August 2005), Sakra makes additional claims during the trial. He says through his lawyer that shortly after being arrested in Turkey in 2005, he was visited in his Turkish prison cell by a group of English speaking foreigners. He claims that he was offered his freedom if he would falsely agree to testify that the Syrian government was involved in the assassination of Lebanese politician Rafiq Al-Hariri in 2005. He claims these people were aware that he had secretly met with the head of Syrian intelligence in the past, and that he turned down their offer. [BBC, 11/10/2005] At the start of the trial, Sakra appears quite different than he had when he was seen in public after being arrested seven months before, heavier and with a full beard. He claims to be a completely different person. The Washington Post will comment, “More than 20 journalists failed to recognize Sakra as he entered the court building,” and even his own lawyer claims to doubt Sakra’s identity. [Washington Post, 3/21/2006; BBC, 3/21/2006] Sakra’s trial leaves many questions about him unanswered. The London Times will later say that his “often outrageous behavior, conflicting statements of identity, and the suspicion that he has undergone extensive plastic surgery, have helped to build up a wall of mystery around him.” [London Times, 2/17/2007] Sakra’s lawyer will claim that if Sakra revealed all that he knew, “a few states would collapse.” [Washington Post, 3/21/2006] At the conclusion of the trial, Sakra and six others receive life in prison for their role in the 2003 Istanbul bombings. Forty-one people receive shorter sentences, and 26 people are acquitted. [BBC, 2/16/2007]

Entity Tags: Luai Sakra, Rafiq Al-Hariri

Timeline Tags: Complete 911 Timeline

Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11.Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11. [Source: Mirrorpix(.com)]Against the will of his defense attorneys, Zacarias Moussaoui takes the stand at his trial (see March 6-May 4, 2006) and claims that he was supposed to fly a fifth plane on 9/11. He says the plane would have targeted the White House and one of the muscle hijackers would have been shoe-bomber Richard Reid (see December 22, 2001). However, he claims not to have known the details of the other hijackings, only that the WTC would be hit. He does not mention any other collaborators aside from Reid, who has already been sentenced to a long prison term. When the prosecution asks him whether he lied to FBI investigators so the plan could go forward he replies, “That’s correct.” An Associated Press expert calls this, “a stunning revelation that would help prosecutors rather than him.” [Associated Press, 3/27/2006] In what the New York Times calls a “bizarre moment,” the defense team, aware of the damage this admission could do, subject Moussaoui to tough questioning and the chief prosecutor objects that one of the defense attorneys is badgering his own client. [New York Times, 4/17/2006]
Uncertainty over Fifth Jet - There is some dispute over whether Moussaoui was indeed to have flown a fifth plane (see January 30, 2003 and Before 2008). Following the testimony, the defense reads statements made by al-Qaeda leaders who are in custody, but are not permitted to testify at the trial (see May 14, 2003 and March 22, 2005). The statements say that Moussaoui was not part of 9/11, but a follow-up operation. [Associated Press, 3/28/2006; US District Court for the Eastern District of Virginia, 7/31/2006 pdf file] However, these statements were obtained using torture (see June 16, 2004). The government later concedes that there is no evidence linking Richard Reid to 9/11. [Associated Press, 4/20/2006]
"Complete Fabrication" - Moussaoui had denied being part of 9/11 before the trial (see April 22, 2005). By the end of the trial he will do so again, calling the confession he makes on this day “a complete fabrication.” [Associated Press, 5/8/2006]

Entity Tags: Zacarias Moussaoui, Richard C. Reid

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Four statements based on the CIA inspector general’s report on some aspects of the agency’s performance before 9/11 are introduced as evidence at the trial of Zacarias Moussaoui by the defense. The report was completed in 2004 (see June-November 2004), but rewritten and is still secret (see January 7, 2005). The four passages say:
bullet “Numerous” CIA officers accessed cables reporting that Khalid Almihdhar’s passport contained a US visa and Nawaf Alhazmi had flown from Thailand to Los Angeles (see Mid-January-March 2000); [US District Court for the Eastern District of Virginia, Alexandria District, 3/28/2006 pdf file]
bullet FBI Director Louis Freeh was briefed about Almihdhar in January 2000, but not told that Almihdhar had a US visa (see January 6-9, 2000); [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]
bullet Nobody at Alec Station, the CIA’s bin Laden unit, notified CIA personnel authorized to collect foreign intelligence in the US together with the FBI about Almihdhar’s US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000); [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]
bullet The CIA was unaware of the Phoenix memo until after 9/11 (note: this may not actually be true—see (July 27, 2001)). [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2005 pdf file]
Two sections of the 9/11 Congressional Inquiry report are also introduced as evidence as substitutes for the CIA inspector general’s report. They cover the use of aircraft as weapons and US knowledge of bin Laden’s intentions to strike inside the US in the summer of 2001. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file; US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Conservative Party leader David Cameron.Conservative Party leader David Cameron. [Source: Public domain]Following the London bombings (see July 7, 2005), Britain passes a new Terrorism Act containing tougher laws, but they have little practical effect and many Islamic radicals carry on as before. The act introduces new offenses such as criminalizing the encouragement of terrorism and dissemination of terrorist publications, but the most controversial measure is an extension of the period for which suspects could be detained without trial. The government pushes for an extension from 14 days to 90 days, but parliament only allows 28 days. [Guardian, 11/9/2005; London Times, 11/9/2005; BBC, 11/9/2005; UK Parliament. House of Commons., 3/30/2006] In August 2006, Conservative Party leader David Cameron will criticize the government for failing to “follow-though when the headlines have moved on.” He asks, “Why have so few, if any, preachers of hate been prosecuted or expelled?” and “why has so little been done to use the existing law to deal with the radicalization that is rife within our shores?” He also criticizes the government for funding conferences addressed by radical imam Yousuf Abdullah Al-Qaradawi. [Conservative Party, 8/15/2006]

Entity Tags: David Cameron, Yousuf Abdullah Al-Qaradawi, Terrorism Act of 2006

Timeline Tags: Complete 911 Timeline, Civil Liberties

A map drawn by one of the defectors, showing his version of the Salman Pak facility.A map drawn by one of the defectors, showing his version of the Salman Pak facility. [Source: PBS]The story told by three Iraqi defectors in November 2001, of a terrorist training camp in Salman Pak, outside of Baghdad, has long been disproven (November 6-8, 2001) and one defector has been shown to have pretended to be former Iraqi general Jamal al-Ghurairy, the key source for the story. But only now are the news reporters and pundits beginning to acknowledge—however grudgingly—that they were duped, and that their credulous reportings helped cement the Bush administration’s fabricated case for invading Iraq. The story was one of at least 108 planted in the US and British press by the Iraqi National Congress (INC) between October 2001 and May 2002, a number audaciously provided by the INC itself in its attempts to persuade Congress to continue its funding (see June 26, 2002). The New York Times eventually admitted some faults with its prewar reporting, but only admitted that its coverage of the Salman Pak story had “never been independently verified.” PBS, similarly gulled by the defectors and their fraudulent claims (see October 2005), amended its Frontline Web site for its “Gunning for Saddam” story, which featured interviews with the defectors, to note that the defector’s claims have “not been substantiated,” and later will admit to the likelihood that its reporter, Christopher Buchanan, was duped. New York Times reporter Chris Hedges now says he took the word of producer Lowell Bergman as to the validity of the defector, and was further convinced by one of the defector’s military appearance. As for Bergman, Hedges says, “There has to be a level of trust between reporters. We cover each other’s sources when it’s a good story because otherwise everyone would get hold of it.” Hedges admits he was not aware at the time of how close Bergman, and other Times reporters such as Judith Miller, was to INC head Ahmed Chalabi. “I was on the periphery of all this. This was Bergman’s show.” [Mother Jones, 4/2006] In 2004, Hedges noted that he attempted to get confirmation from the US government about the defectors and their story, and government officials confirmed the claims: “We tried to vet the defectors and we didn’t get anything out of Washington that said ‘these guys are full of sh*t.’” [Columbia Journalism Review, 7/1/2004] Hedges says he later rejected an attempt by Chalabi to convince him that UN inspectors were spying for Saddam Hussein. He also says that he never believed the stories placing 9/11 hijacker Mohamed Atta in Prague (see April 8, 2001). He no longer trusts Chalabi as a source of information: “He’s a sleazy guy who I was not comfortable working around, but there was nothing right after 9/11 to indicate he was an outright liar.” [Mother Jones, 4/2006] Hedges notes that Chalabi seemed to have an “endless stable” of defectors to talk with reporters. “He had defectors for any story you wanted. He tried to introduce me to this guy who said he knew about Iraqi spies on the UN inspection teams: the guy was a thug. I didn’t trust either of them.” [Columbia Journalism Review, 7/1/2004] However, none of this uncertainty made it into Hedges’s Times report. Bergman says, “You’ve got to remember that back then there really was only one show in town, and that was Chalabi’s. If you were doing a story on Saddam’s Iraq, you would speak to the Iraqi government, the White House, and the INC.” Bergman tried to confirm the al-Ghurairy story with former CIA director and prominent neoconservative James Woolsey, and Woolsey told him that “al-Ghurairy” had met with the FBI in Ankara. (At the time, Woolsey was hardly a neutral source since it was already reported that he was aggressively trying to drum up connections between Iraq and al-Qaeda (see Late September 2001 and Mid-September-October 2001).) “Chalabi was dangerous goods in the sense you know he’s advocating war” Bergman recalls. “But that label is up-front. I think Chalabi is given too much credit for influencing the march to war.” Many conservative pundits still cite the al-Ghurairy tale as justification for the Iraq invasion. And the White House still lists “shutting down the Salman Pak training camp where members of many terrorist camps trained” in its “Progress Report on the Global War on Terrorism” Web page. In 2004, Chalabi boasted, “As far as we’re concerned, we’ve been entirely successful. That tyrant Saddam is gone, and the Americans are in Baghdad. What was said before is not important. The Bush administration is looking for a scapegoat. We’re ready to fall on our swords if he wants. We are heroes in error.” [Columbia Journalism Review, 7/1/2004; Mother Jones, 4/2006]

Entity Tags: Jamal al-Ghurairy, Chris Hedges, Bush administration (43), Ahmed Chalabi, Iraqi National Congress, Christopher Buchanan, Saddam Hussein, Mohamed Atta, New York Times, Public Broadcasting System, Lowell Bergman, Judith Miller, James Woolsey

Timeline Tags: Events Leading to Iraq Invasion

Special prosecutor Patrick Fitzgerald files a brief with the court that states unequivocally that the White House orchestrated an attempt to besmirch the character and integrity of former ambassador Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, and October 1, 2003). The New York Times describes Wilson as “the man who emerged as the most damaging critic of the administration’s case that Saddam Hussein was seeking to build nuclear weapons.”
Bush, Cheney at Heart of Smear Campaign - Fitzgerald’s court filing places President Bush and Vice President Dick Cheney directly at the center of the controversy, which erupted when conservative columnist Robert Novak used information from White House sources to “out” Wilson’s wife, Valerie Plame Wilson, as a covert CIA agent (see July 14, 2003). According to Fitzgerald, the White House engaged in “a plan to discredit, punish, or seek revenge against Mr. Wilson.” The filing concludes, “It is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to ‘punish Wilson.’” Fitzgerald’s portrait of events is at odds with the Bush administration’s narrative, which attempts to portray Wilson as a minor figure whose criticism of the Iraq invasion comes from his personal and political agenda. Fitzgerald is preparing to turn over to the defense lawyers for Lewis Libby some 1,400 pages of handwritten notes—some presumably by Libby himself—that should bolster Fitzgerald’s assertion. Fitzgerald will file papers in support of his assertion that Bush ordered the selective disclosure of parts of the October 2002 National Intelligence Estimate (see October 1, 2002) as part of the White House’s attempt to discredit Wilson.
Fitzgerald: Cheney Headed Campaign - Fitzgerald views Cheney, not Bush, as being at what the Times calls “the epicenter of concern about Mr. Wilson.” Fitzgerald notes that Wilson’s op-ed in the New York Times (see July 6, 2003) “was viewed in the Office of the Vice President as a direct attack on the credibility of the vice president (and the president) on a matter of signal importance: the rationale for the war in Iraq.… Disclosing the belief that Mr. Wilson’s wife sent him on the Niger trip was one way for defendant to contradict the assertion that the vice president had done so, while at the same time undercutting Mr. Wilson’s credibility if Mr. Wilson were perceived to have received the assignment on account of nepotism.” Neither Bush’s then-National Security Adviser, Condoleezza Rice, nor Rice’s deputy and eventual successor, Stephen Hadley, knew of the information declassification, Libby indicates. [US District Court for the District of Columbia, 4/5/2006 pdf file; Los Angeles Times, 4/7/2006; New York Times, 4/11/2006; National Journal, 6/14/2006; Washington Post, 7/3/2007]
Bush Authorized Leak of Classified Intelligence - Fitzgerald’s filing also states that, according to Libby’s earlier testimony (see March 5, 2004 and March 24, 2004), Bush directly authorized the leak of classified intelligence to reporters as part of the Wilson smear campaign (see April 5, 2006).
Democrats Dismayed at Allegations of Bush Involvement - Senator Frank Lautenberg (D-NJ) says: “After the CIA leak controversy broke three years ago, President Bush said, ‘I’d like to know if somebody in my White House did leak sensitive information.’ Now we find out that the president himself was ordering leaks of classified information.… It’s time for the president to come clean with the American people.” And in a letter to Bush, Representative Henry Waxman (D-CA), the ranking minority member of the House Oversight Committee, writes in part, “Two recent revelations raise grave new questions about whether you, the vice president and your top advisors have engaged in a systematic abuse of the national security classification process for political purposes.” [Los Angeles Times, 4/7/2006]

Entity Tags: Frank R. Lautenberg, George W. Bush, Lewis (“Scooter”) Libby, Condoleezza Rice, Bush administration (43), Office of the Vice President, Joseph C. Wilson, Patrick J. Fitzgerald, Henry A. Waxman, Richard (“Dick”) Cheney, Valerie Plame Wilson, Stephen J. Hadley

Timeline Tags: Niger Uranium and Plame Outing

Justice Department prosecutors defend their designation of Ali Saleh Kahlah al-Marri, a Qatari citizen alleged to have been part of the 9/11 planning (see December 12, 2001), as an “enemy combatant.” The government’s “enemy combatant” allegations against al-Marri are contained within documents signed by Jeffrey Rapp, the director of the Pentagon’s Joint Intelligence Task for Combating Terrorism (known as the Rapp Declarations) (see April 5, 2006). The unclassified portion of the allegations states almost verbatim the same charges against al-Marri that were dropped in 2003—setting up fake bank accounts, stealing credit cards, and keeping pro-terrorist literature and photos on his computer (see June 23, 2003). The government says it has more evidence tying al-Marri to the 9/11 plot, but that evidence remains classified, so neither al-Marri nor his lawyers can see it. While al-Marri’s lawyers protest that the evidence is “triple hearsay” and inadmissible in court, the judge rules otherwise. Slate’s Emily Bazelon will report, “The declassified allegations aren’t revelatory.” The material attempts to link al-Marri to the 9/11 plotters through Khalid Shaikh Mohammed, the lead plotter for the attacks. It still is not clear in the newly released evidence who the sources of the information are, but it seems that much of the evidence against al-Marri comes from interrogation sessions held with Mohammed himself. Bazelon observes, “[I]t’s also a safe bet that evidence against al-Marri was obtained through torture.” Such evidence is legally inadmissable as well. Mohammed and other witnesses subjected to illegal interrogation methods can “certainly not be used as witnesses, because that could expose classified information and could open up charges from defense lawyers that their earlier statements were a result of torture,” says a government official. [Slate, 4/20/2006]

Entity Tags: Khalid Shaikh Mohammed, US Department of Justice, Ali Saleh Kahlah al-Marri, Emily Bazelon, Jeffrey Rapp

Timeline Tags: Torture of US Captives, Civil Liberties

A leaked draft of the “narrative” of the 7/7 London bombings (see July 7, 2005) compiled by the Home Office in lieu of an official investigation concludes that there was no direct support from al-Qaeda for the 7/7 bombings. The Observer reports that the narrative concludes, “Far from being the work of an international terror network, as originally suspected, the attack was carried out by four men who had scoured terror sites on the Internet.” It does acknowledge that two of the suicide bombers—Mohammad Sidique Khan and Shehzad Tanweer—traveled to Pakistan and met with known militants, but concludes that these trips were “ideological, rather than fact-finding.” Even a video of Khan’s last testament released by an al-Qaeda production company in Pakistan is dismissed as evidence of any al-Qaeda involvement in the attack (see September 1, 2005). Patrick Mercer, a spokesman for the opposition Conservative Party, says an independent inquiry into 7/7 remains necessary, adding, “A series of reports such as this narrative simply does not answer questions such as the reduced terror alert before the attack, the apparent involvement of al-Qaeda, and links to earlier or later terrorist plots.” [Observer, 4/9/2006] But within months, this assertion of no direct al-Qaeda invovlement will collapse as more information is made public about the bombers’ links to al-Qaeda figures and training in al-Qaeda linked camps in Pakistan. On May 12, 2006, Home Secretary John Reid concludes for the first time that there is “considerable” circumstantial evidence of an al-Qaeda connection. [Guardian, 5/12/2006] By July 2006, Peter Clarke, the Metropolitan Police force’s head of anti-terrorism, will concede, “Such information as we do have does suggest there is probably a link to al-Qaeda” (see July 6, 2006). [New York Times, 7/7/2006; Daily Telegraph, 7/8/2006] The BBC will report that same month: “British intelligence agencies believe some form of operational training is likely to have taken place while Khan and Tanweer were in Pakistan together and that it is likely they did have contact with al-Qaeda figures.… [T]he evidence pointing to a major role for al-Qaeda is mounting.” [BBC, 7/6/2006] British counterterrorism expert Nafeez Mosaddeq Ahmed will argue that the government has deliberately downplayed evidence of al-Qaeda involvement in order to deflect questions about how a large network was able to operate in Britain for many years (see July 2, 2006).

Entity Tags: Mohammad Sidique Khan, Al-Qaeda, Home Office, Nafeez Mosaddeq Ahmed, John Reid, Peter Clarke, Patrick Mercer, Shehzad Tanweer

Timeline Tags: Complete 911 Timeline

Former Secretary of State Colin Powell tells reporter Robert Scheer that neither he nor any of the State Department’s top experts believed that Iraq ever posed an imminent nuclear threat, contrary to the statements of President Bush, Vice President Dick Cheney, and other top White House officials. Powell says that Bush followed the advice of Cheney and the CIA (see October 1, 2002) in making the claim (see Mid-January 2003 and 9:01 pm January 28, 2003) and taking the country to war in Iraq. Scheer asks Powell why, in light of the State Department’s own intelligence bureau correctly concluding that the claims that Iraq attempted to buy uranium from Niger were false (see March 1, 2002, March 4, 2002, Mid-October 2002, and January 12, 2003), Bush ignored that information in making his case for war? Powell responds: “The CIA was pushing the aluminum tube argument heavily (see March 7, 2003) and Cheney went with that instead of what our guys wrote. That was a big mistake. It should never have been in the speech. I didn’t need [former ambassador Joseph] Wilson to tell me that there wasn’t a Niger connection. He didn’t tell us anything we didn’t already know. I never believed it” (see January 26, 2003). Powell adds that the responsibility for pressing the argument that Iraq was a nuclear threat was not Bush’s; rather, “That was all Cheney.” In his article, Scheer asks, “Why was this doubt, on the part of the secretary of state and others, about the salient facts justifying the invasion of Iraq kept from the public until we heard the truth from whistle-blower Wilson, whose credibility the president then sought to destroy?” [Truthdig, 4/11/2006]

Entity Tags: Robert Scheer, Bush administration (43), Central Intelligence Agency, Richard (“Dick”) Cheney, Colin Powell, US Department of State, Joseph C. Wilson, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

Mushin Musa Matwalli Atwah.Mushin Musa Matwalli Atwah. [Source: FBI]Mohsin Musa Matawalli Atwah, an Egyptian al-Qaeda operative, is killed in a remote village in the North Waziristan region of Pakistan. There was a $5 million bountry for Atwah, who was wanted for involvement in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Witnesses describe a missile strike followed by a Pakistani helicopter gunship attack. The attack is said to have killed nine people, including two young children. [Associated Press, 4/13/2006; CNN, 10/24/2006]

Entity Tags: Mushin Musa Matwalli Atwah

Timeline Tags: Complete 911 Timeline

Page 19 of 27 (2619 events)
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