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Context of 'March 5, 2002: Justice Department Memo Addresses Habeas Corpus Provisions for Detainees'

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

Entity Tags: US Department of Justice

Timeline Tags: Civil Liberties

The first draft of what will later be called the Patriot Act is introduced to Congress. [US Congress, 9/19/2001] However, due to Congressional opposition of its broad powers, the act is revised and reintroduced on October 2 (see October 2, 2001). [Houston Chronicle, 10/7/2001]

Entity Tags: US Congress, USA Patriot Act

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

In an op-ed column for the neoconservative Weekly Standard, writers Thomas Donnelly and Gary Schmitt state that the US’s enemies “want to push the United States out of the Middle East. Our response must be to prevent that.” Donnelly and Schmitt, members of the Project for the New American Century think tank (PNAC—see January 26, 1998 and September 2000), say that such an effort “will require more than a vague, unfocused ‘war on terrorism.‘… Last week’s strikes represent a new and more complex phase of this war. But this is not a new war. This is a ‘theater war’ in the classic sense. Neither [O]sama bin Laden nor Saddam [Hussein] cares much about America’s role in Europe or East Asia. They want us out of their region.”
Reasserting Dominance in Middle East - The US can win this “struggle for power in the Persian Gulf” by “reasserting our role as the region’s dominant power; as the guarantor of regional security; and as the protector of Israel, moderate Arab regimes, and the economic interests of the industrialized world.” Donnelly and Schmitt trace the US’s problems in the region back to the decision not to overthrow Hussein in 1991 (see January 16, 1991 and After). “As Saddam has crawled back from defeat,” they write, “bin Laden has grown increasingly bold. Meanwhile, our regional allies have begun to hedge their bets, not only with the terrorists and Iraq, but with Iran as well.” The US should focus on routing both bin Laden and Hussein from the region, they say. It is unclear if Hussein was involved in the 9/11 attacks, they say, though they assert that Hussein was “implicated in the 1993 World Trade Center bombing (see February 26, 1993 and October 2000).… But as with bin Laden, we have long known that Saddam is our enemy, and that he would strike us as hard as he could. And if we have learned anything at all from [the] past week, it is that adopting a defensive posture risks attacks with unacceptable consequences. The only reasonable course when faced with such foes is to preempt and to strike first.” Overthrowing Hussein “is the key to restoring our regional dominance and preventing our enemies from achieving their war aims.… When Bush administration officials speak of ‘ending’ regimes that participate in the war against America, they must mean Saddam Hussein’s Iraq” (see Before January 20, 2001).
Cowing Other Nations, Restoring 'Global Credibility' - Overthrowing the Iraqi government will also cow Iran, Syria, and other regional threats, the authors say, and “will restore the global credibility tarnished in the Clinton years. Both our friends and our enemies will be watching to see if we pass this test.” Although attacking Afghanistan is not necessary, toppling the Saddam regime will not be difficult in a military sense, and “the larger challenge will be occupying Iraq after the fighting is over.”
Surpluses Will Pay for Effort - The so-called “lockboxes”—Social Security funds and others—previously kept from being spent on other government programs are, the authors write, “yesterday’s news,” but the sharp increases in defense spending that this war effort will require will not be difficult to fund: “given the surpluses that exist, there is no impediment to such increases.” [Weekly Standard, 9/24/2001]

Entity Tags: Thomas Donnelly, Gary Schmitt, Weekly Standard, Project for the New American Century

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Stuart Couch, Mohamedou Ould Slahi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

According to author Ronald Kessler’s November 2007 book The Terrorist Watch, the NSA’s domestic surveillance program begins around two weeks after the 9/11 attacks, when President Bush meets with NSA director Michael Hayden and other NSA officials in the Oval Office. According to chief of staff Andrew Card, in attendance, Bush asks, “What tools do we need to fight the war on terror?” Hayden suggests revamping NSA guidelines to allow the agency to wiretap domestic phone calls and intercept e-mails to and from terror suspects if one end of the communication is overseas. Kessler gives the following rather lurid example: “Thus, if [Osama] bin Laden were calling the US to order the detonation of a nuclear device, and the person he called began making overseas calls, NSA could listen in to those calls as well as to bin Laden’s original call.” Kessler is a chief correspondent for the extremist conservative Web site NewsMax; his assertion is disputed by evidence suggesting that the domestic surveillance program began well before the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [Kessler, 2007, pp. 130]

Entity Tags: National Security Agency, Andrew Card, Michael Hayden, Ronald Kessler, George W. Bush

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

President Bush issues a directive authorizing the National Security Agency (NSA) to operate a warrantless domestic surveillance program. Author/journalist Jane Mayer will report in 2011, “[O]n October 4, 2001, Bush authorized the policy, and it became operational by October 6th,” and, “[t]he new policy, which lawyers in the Justice Department justified by citing President Bush’s executive authority as commander in chief, contravened a century of constitutional case law.” Mayer will interview NSA whistleblower Thomas Drake for her article and quote him as saying that, following the October 4 directive, “strange things were happening. Equipment was being moved. People were coming to me and saying, ‘We’re now targeting our own country!’” Bush’s directive is based on a legal opinion drafted by Department of Justice Office of Legal Counsel Deputy Attorney General John Yoo (see September 25, 2001). [New Yorker, 5/23/2011]
Conflicting Information regarding Date of First Authorization - The existence of the NSA’s domestic surveillance program will first be made public in December 2005, following reporting by the New York Times that will cite “[n]early a dozen current and former officials” (see December 15, 2005). The Times article will state that in 2002, “[m]onths after the Sept. 11 attacks,” Bush signed an executive order authorizing the NSA to monitor domestic phone calls, including those of US citizens and permanent residents, if one end of the call was outside the country. The Times article also mentions an NSA “‘special collection program’ [that] began soon after the Sept. 11 attacks, as it looked for new tools to attack terrorism.” The difference between the October 4, 2001 directive and the 2002 executive order referred to by the Times is unclear. [New York Times, 12/16/2005]
Other Sources for October Directive - Other sources, including Bush, NSA Director General Michael Hayden, and the inspectors general of five separate agencies, will later refer to a presidential order having been given in “October,” or “weeks” after the 9/11 attacks, and say that, subsequent to this order, international calls of US persons are targeted for content-monitoring. Following the publication of the Times article, Bush will say in a December 17, 2005 radio address: “In the weeks following the terrorist attacks on our nation, I authorized the National Security Agency, consistent with US law and the Constitution, to intercept the international communications of people with known links to al-Qaeda and related terrorist organizations. Before we intercept these communications, the government must have information that establishes a clear link to these terrorist networks” (see December 17, 2005). This presidential authorization was based on a legal opinion drafted by Department of Justice Office of Legal Counsel attorney John Yoo (see October 18, 2001). [WhiteHouse(.gov), 12/17/2005] Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001,” which is when he “gathered key members of the NSA workforce… [and] introduced [the NSA’s] new operational authority to them.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general,” and that “the three most senior and experienced lawyers in NSA… supported the lawfulness of this program.” [Michael Hayden, 1/23/2006] In a July 10, 2009 jointly-issued report, the inspectors general of the Department of Defense, Department of Justice, CIA, NSA, and Office of the Director of National Intelligence will refer to the “President’s Surveillance Program” (PSP) and “the program’s inception in October 2001.” The report will say: “One of the activities authorized as part of the PSP was the interception of the content of communications into and out of the United States where there was a reasonable basis to conclude that one party to the communication was a member of al-Qaeda or related terrorist organizations.… The attorney general subsequently publicly acknowledged the fact that other intelligence activities were also authorized under the same presidential authorization, but the details of those activities remain classified.” [Inspectors General, 7/10/2009] Citing “a senior administration official,” the Washington Post will report on January 4, 2006: “The secret NSA program… was authorized in October 2001.… The president and senior aides have publicly discussed various aspects of the program, but neither the White House, the NSA, nor the office of the director of national intelligence would say what day the president authorized it.” [Washington Post, 1/4/2006]

Entity Tags: US Department of Justice, Thomas Drake, US Department of Defense, Office of Legal Counsel (DOJ), Office of the Director of National Intelligence, Michael Hayden, National Security Agency, George W. Bush, Central Intelligence Agency, John C. Yoo, Jane Mayer

Timeline Tags: Civil Liberties

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

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

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

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

Entity Tags: Patrick J. Leahy, Tom Daschle

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

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

Entity Tags: Taliban, George W. Bush

Timeline Tags: Civil Liberties

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

Entity Tags: Abu Zubaida, Bensayah Belkacem, US intelligence

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Russell D. Feingold, USA Patriot Act

Timeline Tags: Civil Liberties, 2001 Anthrax Attacks

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

The Observer reports that investigators of the anthrax attacks (see October 5-November 21, 2001) believe Iraq is the prime suspect. One CIA source says, “They aren’t making this stuff in caves in Afghanistan. ‘This is prima facie evidence of the involvement of a state intelligence agency. Maybe Iran has the capability. But it doesn’t look likely politically. That leaves Iraq.” [Observer, 10/14/2001] However, this theory only remains the predominant one for a few days. On October 19, the New York Times is dismissive of the Iraq theory and suggests al-Qaeda or a disgruntled American loner could be behind the attacks instead (see October 19, 2001). In November, the American loner theory will become predominant (see November 10, 2001). But in late 2002, with war against Iraq growing increasingly likely, the Iraq theory appears to make a comeback (see October 28, 2002).

Timeline Tags: Events Leading to Iraq Invasion, 2001 Anthrax Attacks

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

Entity Tags: P. Patrick Leahy, Tom Daschle

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

Twenty-eight congressional staffers test positive for anthrax. The Senate office buildings are shut down, followed by the House of Representatives. [South Florida Sun-Sentinel, 12/8/2001] None of the staffers are killed by the anthrax attacks (see October 5-November 21, 2001).

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Vice President Cheney chairs a National Security Council meeting because President Bush is overseas. According to journalist Bob Woodward, who later interviews many participants in the meeting, the topic of the recent anthrax attacks is discussed (see October 5-November 21, 2001). CIA Director George Tenet suggests that al-Qaeda is behind the attacks. He also adds, “I think there’s a state sponsor involved. It’s too well thought out, the powder’s too well refined. It might be Iraq, it might be Russia, it might be a renegade scientist,” perhaps from Iraq or Russia. Vice President Cheney’s chief of staff I. Lewis Libby also suggests the anthrax attacks were state sponsored. “We’ve got to be careful on what we say. If we say it’s al-Qaeda, a state sponsor may feel safe and then hit us thinking they will have a bye because we’ll blame it on al-Qaeda.” Tenet replies, “I’m not going to talk about a state sponsor.” Vice President Cheney comments, “It’s good that we don’t, because we’re not ready to do anything about it.” [Woodward, 2002, pp. 244] No strong evidence will emerge tying the attacks to al-Qaeda or any state sponsor. The anthrax attacks still remain completely unsolved.

Entity Tags: George J. Tenet, Bob Woodward, National Security Council, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 2001 Anthrax Attacks

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

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

Timeline Tags: Civil Liberties

Serhane Abdelmajid Fakhet.Serhane Abdelmajid Fakhet. [Source: Spanish Interior Ministry]Serhane Abdelmajid Fakhet, later considered one of about three masterminds of the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), is already being monitored by Spanish intelligence. On this day, he is photographed with Barakat Yarkas, leader of al-Qaeda’s main cell in Spain. Yarkas will be arrested for an alleged role in the 9/11 attacks less than a month later (see November 13, 2001). [El Mundo (Madrid), 8/16/2005] Fakhet had been under surveillance since 2000. [Irujo, 2005, pp. 182-186] He will allegedly blow himself up not long after the bombings (see 9:05 p.m., April 3, 2004). There are allegations that he was an informant at least by 2003 (see Shortly After October 2003). Also seen in the pictures are Yusuf Galan, another member of Yarkas’s cell who will be arrested with Yarkas and later convicted (see September 26, 2005), and Mouhannad Almallah, who has been under surveillance since at least 1998. Almallah will later be sentenced to 12 years in prison for a role in the Madrid bombings (see October 31, 2007). [El Mundo (Madrid), 10/27/2004]

Entity Tags: Serhane Abdelmajid Fakhet, Centro Nacional de Inteligencia, Barakat Yarkas, Mouhannad Almallah, Yusuf Galan

Timeline Tags: Complete 911 Timeline

Khalfan Khamis Mohamed.Khalfan Khamis Mohamed. [Source: FBI]Four men are sentenced to life in prison for their roles in the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The four are:
bullet Wadih El-Hage.
bullet Khalfan Khamis Mohamed.
bullet Mohamed al-Owhali.
bullet Mohammed Saddiq Odeh. [CNN, 10/21/2001]
Another man in custody for the embassy bombings, Mamdouh Mahmud Salim, attempted to stab a prison guard and was removed from the trail and eventually given 32 years in prison for the stabbing instead. [CNN, 5/4/2004] Double agent Ali Mohamed is also in custody and pleads guilty for a role in the bombings, but he is never sentenced and his fate remains murky (see July 2001-December 2001). A New York jury considered the death penalty for some of them, but deadlocked on that and opted for life in prison without parole instead. Over a dozen people remain wanted for their alleged roles in the embassy bombings, including all of the suspected masterminds. [CNN, 10/21/2001]

Entity Tags: Mohammed Saddiq Odeh, Mohamed al-Owhali, Khalfan Khamis Mohamed, Ali Mohamed, Mamdouh Mahmud Salim, Wadih El-Hage

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties, 2001 Anthrax Attacks

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

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

Timeline Tags: Civil Liberties

October 26, 2001: USA Patriot Act Becomes Law

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

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

Timeline Tags: Complete 911 Timeline, Civil Liberties

The US government no longer thinks al-Qaeda is behind the anthrax attacks (see October 5-November 21, 2001). The Washington Post reports in a front-page story: “Top FBI and CIA officials believe that the anthrax attacks… are likely the work of one or more extremists in the United States who are probably not connected to Osama bin Laden’s al-Qaeda terrorist organization, government officials said yesterday.” An unnamed senior official adds, “Everything seems to lean toward a domestic source… Nothing seems to fit with an overseas terrorist type operation.” The Post suggests neo-Nazi and/or right-wing hate groups could be behind it. [Washington Post, 10/27/2001] Not long after, the FBI releases a profile of the perpetrator of the anthrax attacks. He is suspected of being a lone, male domestic terrorist, with a scientific background and laboratory experience who could handle hazardous materials. [St. Petersburg Times, 11/10/2001]

Entity Tags: Central Intelligence Agency, Osama bin Laden, Federal Bureau of Investigation, Al-Qaeda

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

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

Entity Tags: Laurie Mylroie, Robert Bartley, James Woolsey

Timeline Tags: 2001 Anthrax Attacks

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

When investigators search the home of Amer el-Azizi, a known al-Qaeda operative, they find an e-mail address that connects him to 9/11 mastermind Khalid Shaikh Mohammed (KSM). El-Azizi helped arrange a meeting between lead hijacker Mohamed Atta and an associate, Ramzi bin al-Shibh, in the run-up to 9/11 (see July 8-19, 2001), although he was monitored by Spanish authorities at the time (see Before July 8, 2001) and arrested in Turkey in 2000 (see October 10, 2000). His arrest shortly after 9/11 will be frustrated by Spanish intelligence (see October 2001 and Shortly After November 21, 2001) and he will go on to be involved in the 2004 Madrid bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004). An indictment released in 2004 will say, “A fundamental document… connects Amer el-Azizi directly with those responsible for the terrorist attacks of Sept. 11, 2001, and concretely with Khalid Shaikh Mohammed via the e-mail address identified as Safar86@usa.net.” The e-mail address “was being used by an individual who facilitated trips for al-Qaeda members in direct connection with [KSM], organizer of the attacks.” A detainee will also later say that el-Azizi was in contact with the 9/11 plotters via e-mail. [Los Angeles Times, 4/29/2004] After 9/11, however, when the Spanish want to indict el-Azizi, the US will be reluctant to turn the information over to them, and it will take six months to get it. Despite this, problems persist in information sharing between the US and Spain and this has an impact on prosecutions (see Mid-2002-June 1, 2006). [Wall Street Journal, 5/4/2004]

Entity Tags: Amer el-Azizi, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

In conjunction with the Federalist Society, the Heritage Foundation publishes a legal paper that appears to reflect much of the thinking at this time of prominent White House and Justice Department lawyers. The paper espouses the use of military commissions, arguing that this will offer the government several advantages. “In particular,” the paper’s authors argue, “trials before military tribunals need not be open to the general public and they may be conducted on an expedited basis, permitting the quick resolution of individual cases and avoiding the disclosure of highly sensitive intelligence material, which would have to be made public in an ordinary criminal trial.” The disadvantage of a normal trial would be that they would be limited by constitutional rules with regard to “what can be done to protect classified information.” In addition, in “federal district courts, the government has an obligation under Article III and the Sixth Amendment to conduct a ‘public trial’ and present to the jury, in open court, the facts on which it is relying to establish a defendant’s guilt.” But the authors do acknowledge that “[t]he use of military commissions with respect to individuals not regularly enrolled in a military force, represents a clear departure from normal legal processes and some of America’s most fundamental judicial traditions.” Surprisingly, the Geneva Conventions of 1949 are not mentioned even once. Almost in passing, the authors suggest an option that is to become reality. “[I]t is likely,” they write, “that the Supreme Court would allow the trial overseas by military commission of al-Qaeda members captured in Afghanistan, regardless of how it would treat defendants in this country.” [Rivkin, Casey, and Bartram, 11/5/2001; Rivkin, Casey, and Bartram, 11/5/2001] It is an indication that by this time the government contemplates using the US Naval Station at Guantanamo Bay, which is formally on Cuban soil, to accommodate suspected al-Qaeda and Taliban detainees.

Entity Tags: US Department of Justice, Geneva Conventions, Heritage Foundation, Federalist Society, Bush administration (43)

Timeline Tags: Torture of US Captives

The Geneva Conventions are mentioned in a memo issued the day after the publication of the Heritage Foundation paper (see November 5, 2001), but only to suggest that suspected terrorists should not be entitled to the rights enclosed in them. Patrick F. Philbin, a deputy in the OLC, sends a confidential 35-page memo to the White House legal counsel Gonzales, arguing that the president, as Commander-in-Chief, has “inherent authority” to establish military commissions without authorization from the US Congress. The 9/11 attacks are themselves “plainly sufficient” to justify the application of the laws of war. Furthermore, putting terrorists on trial under the laws of war, “does not mean,” according to Philbin, “that terrorists will receive the protections of the Geneva Conventions or the rights that laws of war accord to lawful combatants.” The Philbin memo will serve as a basis for a Presidential order (see November 13, 2001) establishing the option of military commissions, which will be drafted by Deputy White House Counsel Timothy E. Flanigan and David S. Addington, the legal counsel to Vice President Cheney. [New York Times, 10/24/2004]

Entity Tags: Patrick F. Philbin, Alberto R. Gonzales

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Complete 911 Timeline

In a speech, President Bush refers to the 9/11 attacks as the “first attack,” and then discusses the recent anthrax attacks (see October 5-November 21, 2001). “The second attack against America came in the mail. We do not know whether this attack came from the same terrorists. We don’t know the origin of the anthrax. But whoever did this unprecedented and uncivilized act is a terrorist.” [New York Times, 11/8/2001]

Entity Tags: George W. Bush

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Civil Liberties

Asif Kasi.Asif Kasi. [Source: New York Times / Jessica Kourkounis]The FBI investigates three Pakistani-born city officials in Chester, Pennsylvania, for possible roles in the recent anthrax attacks (see October 5-November 21, 2001). The three are Asif Kazi, an accountant in the city’s finance department, Dr. Irshad Shaikh, the city’s health commissioner, and his brother Dr. Masood Shaikh, who runs the city’s lead-abatement program. Kazi is in his city hall office when FBI agents burst in and interrogate him. He is questioned for hours about an unknown liquid he had been seen carrying out of his house. In fact, the dishwasher had broken down and he was bailing out his kitchen. Meanwhile, agents with drawn guns knock down the front door to his house while his wife is cooking in the kitchen. Dozens of boxes are carried out of the house. Agents in bioprotection suits also search the Shaikh brothers’ house and carry away their computers. None of the three ever had any connection to anthrax and none of them are arrested. The searches are national news for several days, severely damaging their reputations. Three days after the raid, an FBI agent tells the Washington Post that the raid did not pan out. The FBI learns that a disgruntled employee had called in a bogus tip. But the FBI never publicly clears them. [Washington Post, 11/15/2001; Newsweek, 8/4/2002; New York Times, 8/9/2008] Even a year later, an FBI spokesperson says the raids are still “a pending matter.” [Associated Press, 9/5/2002] Trouble for the three men will continue. The Shaikh brothers’ applications for US citizenship is blocked, their visas run out, and they both eventually have to leave the US. Kazi is already a US citizen, but he is put on a no-fly watch list. He is searched and interrogated for a couple of hours every time he travels in or out of the US. His name will finally be taken off the list in 2007. [New York Times, 8/9/2008]

Entity Tags: Asif Kazi, Masood Shaikh, Irshad Shaikh, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

Suspected al-Qaeda operative Mohammed Saad Iqbal Madni (see Early January-January 9, 2002) flies from Pakistan to Jakarta, where he used to live as a teenager. He allegedly worked on a shoe bomb plot with Richard Reid (see December 22, 2001). [Washington Post, 3/11/2002] He will soon be arrested by Indonesian authorities at the request of the CIA (see Early January-January 9, 2002).

Entity Tags: Mohammed Saad Iqbal Madni

Timeline Tags: Torture of US Captives

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

Entity Tags: Kathleen Clark, Center for National Security Studies

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Civil Liberties

The Spanish intelligence agency CESID (later renamed CNI) frustrates the arrest of a senior member of al-Qaeda in Europe, Amer el-Azizi, by Spanish police. Most members of the cell of which el-Azizi was a member were arrested shortly before, but el-Azizi had avoided the round-up by fleeing abroad (see October 2001). After returning to Spain, he again falls under police surveillance, but, according to Spanish police union head Jose Manuel Sanchez Fornet, his arrest is prevented by “interference” from CESID. Fornet will later say that a police recording made at this time shows two CESID agents going to el-Azizi’s house. This alerts el-Azizi that he is under surveillance and he flees his home. [El Mundo (Madrid), 4/29/2004] El-Azizi then remains in Spain for some weeks, selling his car to an associate. When his apartment is searched, police find more than a dozen bags with radical Islamic books and videos. They also find videos of bin Laden on his computer and pamphlets from groups like Hamas. [Wall Street Journal, 3/19/2004; Wall Street Journal, 4/7/2004; Los Angeles Times, 4/29/2004] El-Azizi was arrested and released twice before (see October 10, 2000). He helped plan a meeting for Mohamed Atta just before 9/11 (see Before July 8, 2001 and July 8-19, 2001), and will go on to be involved in the Madrid train bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004).

Entity Tags: Centro Nacional de Inteligencia, Amer el-Azizi, Jose Manuel Sanchez Fornet

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

CIA agent “Dave”.CIA agent “Dave”. [Source: CNN/House of War]One of the prisoners who is being interrogated by the two CIA agents tells Mike Spann that he has come to Afghanistan “to kill” him. With that, the prisoner lunges towards him. At this point accounts differ over what happens. According to an early account, Mike Spann immediately shoots the prisoner and three others dead with his pistol before the nearby Taliban prisoners join the skirmish and “beat, kick, and bite” Spann to death. [London Times, 11/28/2001] In the other account, the prisoner who lunged towards Spann, used a grenade to blow him and Spann up, killing both of them immediately. [Guardian, 12/1/2001] “Dave,” the second CIA agent, then shoots at least one of the foreign Taliban fighters dead and flees the vicinity. He goes to General Dostum’s headquarters in the north side of the fort where he contacts the American embassy in Tashkent, Uzbekistan using a satellite phone borrowed from the German TV crew. He tells the embassy, “We have lost control of the situation. Send in helicopters and troops.” [Guardian, 12/1/2001] One witness later recalls, “David asked his superiors for choppers to be brought in, as well as ground troops to get everyone out. They sent about 40 American soldiers, but the choppers were too far away in Uzbekistan. David’s people offered to bring in gunships and bomb the Taliban. They would flatten the whole castle and kill us all. David told them twice they shouldn’t do that. They were really pressing for airstrikes and after three hours they started.” [London Times, 11/28/2001] Meanwhile, Dostum’s soldiers began to shoot indiscriminately at the rows of bound prisoners. Some are killed and as prisoners stand up and run for cover, more are shot in their flight. John Walker Lindh too tries to run but after two or three paces a bullet hits him in his right thigh and he falls to the ground. Unable to walk, with chaos all around him, Lindh pretends to be dead. He remains on the ground for the next twelve hours. The Taliban soldiers soon overpower their Northern Alliance captors, take their weapons and break into the arms depot located towards the center for the compound where they help themselves to Dostum’s mortars and rocket launchers. [London Times, 11/28/2001; Guardian, 12/1/2001; United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: Northern Alliance, Mike Spann, Taliban, “Dave”, John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

Mike Spann.Mike Spann. [Source: CIA]In the morning, CIA agent “Dave,” US Special Forces, SAS soldiers, and an additional 200 Northern Alliance troops arrive at the Qala-i-Janghi fortress to fight the remaining ten or so Taliban fighters who are still resisting. One of the US soldiers warns journalists not to be inside the compound at night. [London Times, 11/28/2001; BBC, 12/1/2001; CNN, 8/3/2002] “To clear the last pockets of Taliban resistance in the afternoon, Alliance soldiers approached the houses in the middle of the compound and fired at random into basement windows,” the London Times later reports. “Some 20-liter petrol canisters were thrown in, then grenades.” [London Times, 11/28/2001] Alliance soldiers roaming the complex shoot at the bodies to make sure there are no survivors. They also loot corpses, stealing rifles, boots, clothing, and even gold fillings from their teeth. [Independent, 11/29/2001] According to an escaped prisoner, a Northern Alliance tank runs over the bodies of injured survivors. [Pakistan News Service (Newark, CA), 12/3/2001] A tank attacks the western half of the compound and reportedly kills the last two remaining holdouts who are still fighting. By noon, “the ground was littered with countless mangled bodies,” the London Times reports. [London Times, 11/28/2001; BBC, 12/1/2001] Foreign reporters are allowed in the compound. One Associated Press photographer sees Northern Alliance soldiers removing the bindings from the hands of the dead Taliban fighters. [Independent, 11/29/2001] In the afternoon, it is discovered that there are about 100 survivors in the basement of a one-story building at the center of the compound. US Special Forces order Northern Alliance soldiers to pour diesel fuel into the basement and ignite it. [Newsweek, 12/1/2001] General Dostum’s men pour fuel down several air ducts, two of which lead into a room where John Walker Lindh is sitting, drenching him. Unable to walk, he has to crawl away from the air ducts. Some minutes later, the fuel is lit and fire spreads quickly throughout the basement. “People were being burned alive,” an eyewitness will recall. Lindh loses consciousness in the smoke-filled air, while Dostum’s soldiers fire rockets amidst the surviving Taliban. The report by Lindh’s defense will say, “Human remains litter the entire basement floor.” [United States of America v. John Walker Lindh, 6/13/2002 pdf file] At dusk, US soldiers recover CIA agent Mike Spann’s (see September 10, 2001) booby-trapped body. [CNN, 8/3/2002]

Entity Tags: Central Intelligence Agency, John Walker Lindh, Abdul Rashid Dostum, Mike Spann, Taliban, “Dave”, Northern Alliance

Timeline Tags: Torture of US Captives, War in Afghanistan

The “Tipton Three.” From left: Shafiq Rasul, Rhuhel Ahmed, and Asif Iqbal.The “Tipton Three.” From left: Shafiq Rasul, Rhuhel Ahmed, and Asif Iqbal. [Source: Martin Cleaver / Associated Press]Three young men from Tipton in the English West Midlands, all British citizens, find themselves detained in Afghanistan by the Northern Alliance. [Guardian, 8/4/2004] Shafiq Rasul, of Pakistani descent, and a temporary employee with Currys, flew to Pakistan in October 2001 [Guardian, 3/10/2004] in order, he claims, “to visit relatives…, explore his culture, and continue his computer studies.” While in Pakistan, he was seized “after leaving a visit with his aunt.” Asif Iqbal, a factory worker, traveled to Pakistan with the intention “to marry a woman from his father’s small village.” [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] Shortly before the marriage was to take place, Iqbal told his father he wanted to visit a friend in Karachi. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] While still in Pakistan, he too was captured. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] The third man from Tipton, Rhuhel Ahmed, is a friend of Iqbal, also a factory worker and is the same age. Ahmed flew to Pakistan shortly after his friend. [Guardian, 3/10/2004] In 2007, Ahmed will confess that he visited an Islamist training camp and also handled weapons and learned how to use an AK47. [Observer, 6/3/2007] The three narrowly escape death when they are loaded along with almost 200 others into containers for transport to Sheberghan prison. The journey takes almost eighteen hours, during which almost all die due to lack of oxygen and shot wounds caused by Northern Alliance troops who at one point riddle the containers with bullets. Asif is shot in the arm. The three are among the only 20 prisoners who survive. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Asif Iqbal, Northern Alliance, Rhuhel Ahmed, Shafiq Rasul

Timeline Tags: Torture of US Captives, War in Afghanistan

A USAMRIID technician opening one of the anthrax letters in December 2001.A USAMRIID technician opening one of the anthrax letters in December 2001. [Source: Agence France-Presse / Getty Images]A front-page Washington Post story suggests that the Ames strain of anthrax used in the recent anthrax attacks (see October 5-November 21, 2001) likely originated from USAMRIID, the US Army’s top biological laboratory at Fort Detrick, Maryland, and was shared with only a small number of other labs. USAMRIID gave it to the Battelle Memorial Institute, in Columbus, Ohio; the University of New Mexico Health Sciences Center, in Albuquerque, New Mexico; the Defense Research Establishment Suffield, in Canada; the US Army Dugway Proving Ground, in Utah; and the Chemical Defense Establishment at Porton Down, Britain. These in turn sent it to seven more labs, for a total of a dozen. But only five labs received the virulent form, and some of these may have received strains that were too old to have been the Anthrax used in the mailings, since it is known the anthrax used was two years old or less. [Washington Post, 11/30/2001; New York Times, 6/23/2002]

Entity Tags: United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

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

Entity Tags: Yaser Esam Hamdi

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

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

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

Timeline Tags: Complete 911 Timeline

FBI contract linguist Sibel Edmonds informs supervisor Mike Feghali—first orally and later in writing—about her recent encounter with the Dickersons on December 2 (see December 2, 2001) and describes their self-acknowledged links to the American-Turkish Council (ATC), the Assembly of Turkish American Associations (ATAA), and certain high-level Turkish Embassy officials, all of which are targets of FBI wiretaps. Edmonds also alleges, either on this day or some time afterwards, that Dickerson has also leaked information to people under investigation and that she has even tried to stop Edmonds and another translator from listening to their wiretapped conversations. [Petition for a writ of certiorari. Sibel Edmonds v. Department of Justice, et all., 8/4/2005, pp. 2 pdf file; Government Executive, 8/8/2005; Vanity Fair, 9/2005] Feghali tells her not to worry and says he will immediately file a report with the security department. [Anti-War (.com), 7/1/2004; Vanity Fair, 9/2005] (The security department will later tell Edmonds it received no such report [Anti-War (.com), 7/1/2004; Boston Globe, 7/5/2004] .) He then changes the subject. “Now, Sibel, I understand you’ve been taking on a lot of coursework at your university. Why not take advantage of our workplace opportunities?” he asks. When Edmonds asks Feghali what he means, he explains that she could come to the office on Saturday and Sunday to do her school work on the clock, adding another $700 or so to her weekly earnings. On another occasion, one of her supervisors (possibly Feghali) offers to make her next trip to Turkey “TDY” (paid travel). All she would have to do is “stop off in some liaison office in Ankara a couple times, make my little appearance, and suddenly all my flights, hotels, and expenses would be paid for by the FBI,” she will recall in a 2004 interview. Edmonds will add, “I couldn’t believe what I was hearing.” [Anti-War (.com), 7/1/2004]

Entity Tags: Douglas Dickerson, Mike Feghali, Melek Can Dickerson, Sibel Edmonds

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Saajid Badat.Saajid Badat. [Source: BBC]Saajid Badat, a radical Muslim recruited to perform a shoe bombing on a transatlantic flight (see November 20, 2001), backs out of the plot. Although he already has a ticket to travel from Manchester to Amsterdam and then to the US for December 21, he sends his handler in Pakistan a short coded message saying he cannot go through with the attack. He hides the detonator and the explosive at his home, but, after his partner Richard Reid is arrested (see December 22, 2001), police will uncover Belgian telephone cards he had used to keep in touch with a local contact they had shared in Brussels, Nizar Trabelsi. The police will arrest Badat in November 2003 and in April 2005 he will be sentenced to 13 years in jail. The length of the sentence will reflect the co-operation he provides to police. [BBC News, 4/22/2005; O'Neill and McGrory, 2006, pp. 231-232]

Entity Tags: Saajid Badat, Nizar Trabelsi

Timeline Tags: Complete 911 Timeline

The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton.The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton. [Source: Richard Smith]In mid-October 2001, investigators mistakenly believe that the anthrax letters were mailed from somewhere in West Trenton, New Jersey and are said to have narrowed down the location of the mailbox to a one square mile radius. [New York Times, 10/19/2001] But around December 2001, contamination at a New Jersey postal processing center indicates that the letters in the anthrax attacks (see October 5-November 21, 2001) had been mailed on one of a limited number of routes near Princeton, New Jersey. However, seven months pass before FBI investigators test hundreds of mailboxes and identify the mailbox where the letters were mailed from. Congressman Rush Holt (D-NJ), whose congressional district includes the area where the letters were mailed from, will later say that he was surprised by how slow and shoddy the investigation was. He will point out, “Within two days they could have dispatched 50 people to wipe all those mailboxes.” He will also say that he was surprised when anthrax was found in his Congressional office in October 2001, but investigators never returned to conduct systematic testing to trace the path of the anthrax spores. [New York Times, 8/4/2008] The FBI tests about 600 mailboxes for several weeks and finds and removes the right one in early August. It is located in Princeton, New Jersey, on the corner of Nassau and Bank Streets and opposite the Princeton University campus. [New York Times, 8/14/2002] However, there are doubts that the right mailbox was identified (see August 14, 2002).

Entity Tags: Rush Holt, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

The Senate Subcommittee on International Operations and Terrorism holds a hearing on the global reach of al-Qaeda and hears testimony from several intelligence community officers. One of them is Tom Wilshire, a CIA officer on loan to the FBI who was involved in several pre-9/11 failures (see 9:30 a.m. - 4:00 p.m. January 5, 2000, August 22, 2001, and August 24, 2001). Wilshire is described as the deputy chief of the FBI’s International Terrorism Operations Section. In his opening remarks, Wilshire describes the “worldwide jihad movement,” which is “considered to be legitimate by many of our allies in terms of defense of Islam,” as a “multibillion effort” active in, for example, Chechnya, Bosnia, and the Philippines. Although some of the “tributaries” to the movement are “somehow legitimate,” al-Qaeda is “one of the most significant off-shoots,” and views the US as “the stabilising mechanism that allows the regimes that [Osama] bin Laden views to be corrupt [such as Egypt and Saudi Arabia] and to stay in power.” Wilshire also says that one of bin Laden’s goals was to provoke a “land war in Afghanistan,” although he perhaps did not anticipate it taking its current form. He discusses how al-Qaeda has changed over the years, the bayat oath of loyalty to bin Laden, and numbers of operatives: he puts the organization’s “elite” in the hundreds, but says it also has “small thousands” fighting in places like Afghanistan and Chechnya, as well as “thousands” more around the world, although perhaps “their skill level is not as high.” He also discusses a recently released videotape in which a man thought to be bin Laden said the “muscle” hijackers did not know they were on a suicide mission until the last minute (see Mid-November 2001), and calls bin Laden “very charismatic.” Wilshire adds that radical Islamists have looked at the possibility of setting up training camps in the US, but that it is easier for them to have introductory training in Europe, which was the case of a group of British citizens arrested in Yemen (see December 23, 1998). Finally, he says that al-Qaeda is linked to Abu Sayyaf, which is not just a local Filipino group and falls under “outside influence.” [US Congress. Senate. Subcommittee on International Operations and Terrorism, 12/18/2001]

Entity Tags: Federal Bureau of Investigation, International Terrorism Operations Section, Senate Subcommittee on International Operations and Terrorism, Tom Wilshire

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

Wall Street Journal reporter Daniel Pearl writes stories about the ISI that will lead to his kidnapping and murder (see January 31, 2002).
bullet On December 24, 2001, he reports about ties between the ISI and a Pakistani organization, Ummah Tameer-e-Nau, that was working on giving bin Laden nuclear secrets before 9/11 (see 2000 and Mid-August 2001). [Wall Street Journal, 12/24/2001]
bullet A few days later, he reports that the ISI-supported militant organization Jaish-e-Mohammed still has its office running and bank accounts working, even though President Pervez Musharraf claims to have banned the group. The Jaish-i-Mohammed is connected to the Al Rashid Trust, one of the first entities whose assets were frozen by the US after 9/11 and through which funding may have passed on its way to the hijackers in the US (see Early August 2001 and September 24, 2001). “If [Pearl] hadn’t been on the ISI’s radarscope before, he was now.” [Wall Street Journal, 12/31/2001; Guardian, 7/16/2002; Vanity Fair, 8/2002]
bullet He begins investigating links between shoe bomber Richard Reid and Pakistani militants, and comes across connections to the ISI and a mysterious religious group called Al-Fuqra. [Washington Post, 2/23/2002]
bullet He also may be looking into the US training and backing of the ISI. [Gulf News, 3/25/2002]
bullet He is writing another story on Dawood Ibrahim, a powerful Islamic militant and gangster protected by the ISI, and other Pakistani organized crime figures. [Newsweek, 2/4/2002; Vanity Fair, 8/2002]
bullet Former CIA agent Robert Baer later claims to be working with Pearl on an investigation of 9/11 mastermind Khalid Shaikh Mohammed. [United Press International, 4/9/2004] It is later suggested that Mohammed masterminds both Reid’s shoe bomb attempt and the Pearl kidnapping, and has connections to Pakistani gangsters and the ISI, so some of these explanations could fit together. [Asia Times, 10/30/2002; CNN, 1/30/2003; United Press International, 4/9/2004] Kidnapper Saeed will later say of Pearl, “Because of his hyperactivity he caught our interest.” [News (Islamabad), 2/15/2002] Pearl is kidnapped on January 23, 2002, and his murder is confirmed on February 22, 2002. [CNN, 2/22/2002]

Entity Tags: Dawood Ibrahim, Al-Fuqra, Daniel Pearl, Pakistan Directorate for Inter-Services Intelligence, Jaish-e-Mohammed, Osama bin Laden, Pervez Musharraf, Khalid Shaikh Mohammed, Robert Baer, Ummah Tameer-e-Nau

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Hadi Yousef Alghoul, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

Jesselyn Radack.Jesselyn Radack. [Source: Whistleblower (.org)]Justice Department legal ethics adviser Jesselyn Radack is subjected to intensive harassment and scrutiny by her employer after she consulted with a Criminal Division lawyer over the John Walker Lindh (“American Taliban”) case (see December 7, 2001).
Suddenly Fired - After Radack contradicts the department’s story on Lindh and his supposed failure to request legal counsel, she is suddenly fired when an unscheduled performance evaluation gives her poor ratings. Less than a year before, her performance evaluation had earned her a promotion and a merit bonus.
Leaks E-Mails to Reporter, Lindh Case Derailed - When she learns that the Justice Department has failed to turn over a number of e-mails concerning Lindh to a federal judge as requested, Radack turns over the e-mails to reporter Michael Isikoff of Newsweek. “I wasn’t in my mind saying, ‘Gee, I want to be a whistle-blower,’” she will later say. “I was just trying to correct the wrong, just trying to set something straight.” The resulting article prompts questions about the Justice Department’s honesty in discussing the Lindh case, and prompts a surprising turn of events: the department announces that it will end the Lindh case rather than hold an evidence-suppression hearing that would have probed the facts surrounding his interrogations. The government drops the worst of the charges against Lindh, and he pleads guilty to lesser charges (see July 15, 2002) and October 4, 2002).
Unspecified Allegations of 'Criminal' Behavior, Secret Reports Alleging Unfitness - As for Radack, even though the e-mails she released are not classified and she has broken no laws in making them public, the Bush administration wanted that information kept secret. She loses her job at a private law firm after the administration informs the firm that she is a “criminal” who cannot be trusted. She is subjected to a yearlong criminal investigation by the Justice Department; no charges are ever filed. “My attorneys asked what I was being investigated for and never got an answer,” Radack will later say. “There is no law against leaking. This was nonclassified stuff. I think they were just trying to get me to slip into making a false statement. Beyond that, it never seemed like they were really going to bring charges. This was just to harass me.” The administration files a secret report with the bar associations in the states she is licensed to practice law, alleging that she is unfit to practice law and recommending “discipline” against her. Because the report is secret, Radack finds it difficult to challenge the unspecified charges. (Most of the complaints against her will eventually be dismissed.)
No-Fly List - And Radack is placed on the administration’s “no-fly” list, ostensibly reserved for suspected terrorists and other criminals, forcing her to endure intensive and invasive searches every time she attempts to board an airplane.
Making an Example - In 2007, reporter and author Charlie Savage will note that Radack gained no protection from the various whistleblower protection laws on the books, mostly because those laws have no enforcement mechanisms and rely “on the willingness of high-ranking executive branch officials to obey a statute.” Savage will observe: “The whistleblower laws did nothing to help Radack when the Bush-Cheney administration decided to make an example of her, sending a clear warning to other officials who might be inclined to bring secret executive branch wrongdoing to light. And Radack would not be the last.” [Reporters Committee for Freedom of the Press, 6/2003; Savage, 2007, pp. 107-110]

Entity Tags: Michael Isikoff, Jesselyn Radack, Charlie Savage, Bush administration (43), John Walker Lindh, US Department of Justice

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Ali Gilani.Ali Gilani. [Source: CNN]The Boston Globe reports that shoe bomber Richard Reid may have had ties with an obscure Pakistani group called Al-Fuqra. Reid apparently visited the Lahore, Pakistan, home of Ali Gilani, the leader of Al-Fuqra. [Boston Globe, 1/6/2002] Reporter Daniel Pearl reads the article and decides to investigate. [Vanity Fair, 8/2002] Pearl believes he is on his way to interview Gilani when he is kidnapped. [Pittsburgh Tribune-Review, 3/3/2002] A 1995 State Department report said Al-Fuqra’s main goal is “purifying Islam through violence.” [Vanity Fair, 8/2002] Intelligence experts now say Al-Fuqra is a splinter group of Jaish-e-Mohammed, with ties to al-Qaeda. [United Press International, 1/29/2002] Al-Fuqra claims close ties with the Muslims of the Americas, a US tax-exempt group claiming about 3,000 members living in rural compounds in 19 states, the Caribbean, and Europe. Members of Al-Fuqra are suspected of at least 13 fire bombings and 17 murders, as well as theft and credit-card fraud. Gilani, who had links to people involved in the 1993 WTC bombing, fled the US after the bombing. He admitted he works with the ISI, and now lives freely in Pakistan. [Boston Globe, 1/6/2002; News (Islamabad), 2/15/2002; Pittsburgh Tribune-Review, 3/3/2002; Vanity Fair, 8/2002] Saeed Sheikh “has long had close contacts” with the group, and praises Gilani for his “unexplained services to Pakistan and Islam.” [News (Islamabad), 2/18/2002; Pittsburgh Tribune-Review, 3/3/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Al-Fuqra, Jaish-e-Mohammed, Daniel Pearl, Ali Gilani, Saeed Sheikh, Richard C. Reid, Al-Qaeda

Timeline Tags: Complete 911 Timeline

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

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

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

An aerial shot of Camp X-Ray.An aerial shot of Camp X-Ray. [Source: Public domain]The US prison camp at Guantanamo receives its first 20 prisoners from the Afghan battlefield. [Reuters, 1/11/2002] The prisoners are flown on a C-141 Starlifter cargo plane, escorted during the final leg of the journey by a Navy assault helicopter and a naval patrol boat. The prisoners, hooded, shackled, wearing blackout goggles and orange jumpsuits, and possibly drugged, are escorted one by one off the plane by scores of Marines in full battle gear. They are interred in what reporter Charlie Savage will later call “kennel-like outdoor cages” in the makeshift containment facility dubbed Camp X-Ray. [Guardian, 1/11/2002; Savage, 2007, pp. 142-143]
Leaked Photos of Transfer Cause International Outcry - Pictures of prisoners being transferred in conditions clearly in violation of international law are later leaked, prompting an outcry. But rather than investigating the inhumane transfer, the Pentagon will begin investigating how the pictures were leaked. [Associated Press, 11/9/2002]
Guantanamo Chosen to Keep Prisoners out of US Jurisdiction - The prisoners are sent to this base—leased by Cuba to the US—because it is on foreign territory and therefore beyond the jurisdiction of US law (see December 28, 2001). [Globe and Mail, 9/5/2002] It was once a coaling station used by the US Navy, and in recent years had been used by Coast Guard helicopters searching for drug runners and refugees trying to make it across the Florida Straits to US soil. In 1998, the Clinton administration had briefly considered and then rejected a plan to bring some prisoners from Kosovo to Guantanamo. Guantanamo was chosen as an interim prison for Afghanis who survived the uprising at Mazar-e Sharif prison (see 11:25 a.m. November 25, 2001) by an interagency working group (see Shortly Before September 23, 2001), who considered and rejected facilities in Germany and other European countries. Group leader Pierre-Richard Prosper will later recall: “We looked at our military bases in Europe and ruled that out because (a), we’d have to get approval from a European government, and (b), we’d have to deal with the European Court of Human Rights and we didn’t know how they’d react. We didn’t want to lose control over it and have it become a European process because it was on European soil. And so we kept looking around and around, and basically someone said, ‘What about Guantanamo?’” The base may well have not been the final choice of Prosper’s group; it was still researching a Clinton-era attempt to house Haitian and Cuban refugees there that had been challenged in court when Rumsfeld unilaterally made the decision to begin transferring prisoners to the naval base. [Savage, 2007, pp. 143-144]
No Geneva Convention Strictures Apply to 'Unlawful Combatants' - Rumsfeld, acting on the advice of the Justice Department’s Office of Legal Counsel, publicly declares the detainees “unlawful combatants” and thereby not entitled to the rights of the Geneva Conventions. “Unlawful combatants do not have any rights under the Geneva Convention,” Rumsfeld says. Though, according to Rumsfeld, the government will “for the most part treat them in a manner that is reasonably consistent with the Geneva Conventions, to the extent they are appropriate.” [Reuters, 1/11/2002] There is no reason to feel sorry for these detainees, says Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff. He states, “These are people who would gnaw through hydraulic lines at the back of a C-17 to bring it down.” [New York Times, 6/21/2004]
British Officials: 'Scandalous' - Senior British officials privately call the treatment of prisoners “scandalous,” and one calls the refusal to follow the Geneva Convention “not benchmarks of a civilized society.” [Guardian, 6/13/2002]

Entity Tags: US Department of the Navy, United States, US Department of Defense, Pierre-Richard Prosper, Richard B. Myers, Clinton administration, Donald Rumsfeld, Charlie Savage, Guantanamo Bay Naval Base, Office of Legal Counsel (DOJ), Geneva Conventions

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

In Kandahar, American soldiers call out a number of prisoners including Shafiq Rasul (see November 28, 2001). He has a sack placed over his head and his wrists and ankles are shackled. Someone, “for no reason,” hits him on the back of his head with a handgun. During the night, he stays with about 20 other detainees in a tent with a wet floor, and “no bed or mattress or anything.” The next morning, Asif Iqbal and Rasul, both recall, have their clothes cut off and their beards and heads shaven. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Taken outside, naked, shackled, and hooded, Rasul hears dogs nearby and soldiers shouting, “Get ‘em boy.” In another tent, something is painfully forced into his anus. He and the others are then given orange uniforms, and new handcuffs are attached to a chain around their waists and cuffs around their ankles. The cuffs, according to Rasul, are “extremely tight and cut into my wrists and ankles.” Next, they are donned with mittens, ear-muffs, blacked-out goggles, and a sort of surgical mask. Rasul is then made to sit down outside in the freezing cold on the ground “for hours and hours, perhaps nine or ten altogether,” not allowed to move. At last Rasul, Iqbal, and about 40 other prisoners are led aboard a cargo plane, and chained on benches with no back. Any movement is responded to with a kick. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Later on, the passengers’ hands will be tied to hand rests and their bodies held attached by a belt to the back of a chair. [Guardian, 12/3/2003] Their destination is unknown to them. During the flight, according to Iqbal, they receive an unusual luxury: “peanut butter and jelly sandwiches and orange slices.” At some point during the journey, more than halfway, the plane lands and the prisoners are transferred to another plane. As to where this is, the two Britons have no clue, but it is “obviously somewhere very hot.” Ahmed, who will come to Guantanamo one month later, makes a similar landing during the journey and is told by soldiers they have landed in Turkey. During the switch, a soldier stamps on the chain between Iqbal’s ankles, which is “extremely painful.” Two-and-a-half years later Rasul will still have scarring on his left arm from the tightness of the shackles during the flight. He also loses the feeling in his right hand for a long time because of it. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Around January 13, Iqbal and Rasul arrive at Guantanamo (see January 13, 2002).

Entity Tags: Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

Timeline Tags: Torture of US Captives, War in Afghanistan

The second batch of prisoners from Afghanistan arrives at Guantanamo. It includes Asif Iqbal, Shafiq Rasul (see January 12 or 13, 2002), and about 40 others. Rasul is told: “You are now the property of the US Marine Corps.” According to Rasul, the heat is “boiling,” but “for about six or seven hours” the prisoners are forced to take a squatting position outside in the sun, still shackled, and still wearing mittens, ear muffs, goggles, and masks. They are not given water, although occasionally someone will come by and wet their lips. When Rasul asks for water, a soldier starts kicking him in the back. Dogs are barking “very close” to him. After a few hours, Iqbal goes into a fit, is removed on a stretcher and has an IV put into his arm. He is then stripped, given a brief shower and rectally examined. Apparently all prisoners are given this treatment, and Rasul believes there can have been no purpose to the cavity search other than to humiliate them, since the same had been done before leaving Kandahar. Rasul is questioned by a woman while naked. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed, Shafiq Rasul, Asif Iqbal

Timeline Tags: Torture of US Captives

Prisoners being flown to Guantanamo.Prisoners being flown to Guantanamo. [Source: Public domain]Beginning in January 2002, when the US-controlled Guantanamo prison opens in Cuba, until at least 2005, over 700 suspects are secretly flown by the CIA to Guantanamo over the territories of European countries. Most prisoners come from Afghanistan or other places in the Middle East and change planes at the Incirlik US military airbase in Turkey. Then they fly over Greek, Italian, and Portuguese airspace. About 170 other prisoners fly over or land in Spain. The first flight apparently takes place on January 14, and carries three British citizens known as the “Tipton Three” as well as others (see January 13, 2002). In 2007, the Council of Europe, Europe’s leading watchdog on human rights, will claim that European countries had breached the international Convention against Torture (see October 21, 1994) by giving the US secret permission to use its airspace. Moazzam Begg, a British prisoner at Guantanamo until 2005, will later recall his flight to Guantanamo. “Inside the plane there was a chain around our waist, and it connected to cuffs around my wrists, which were tied in the back, and to my ankles. We were seated but it was so painful not being able to speak, to hear, to breathe properly, to look, to turn left or right, to move your hands, stretch your legs, or anything.” [London Times, 11/25/2007] All the member countries of NATO signed a secret agreement in late 2001 allowing blanket overflight clearances for any flight relating to terrorism (see October 4, 2001).

Entity Tags: Central Intelligence Agency, Moazzam Begg

Timeline Tags: Torture of US Captives, Complete 911 Timeline

From mid-January on, according to Rhuhel Ahmed (see November 28, 2001), the situation at Kandahar begins to deteriorate. “They kept moving us around from tent to tent. This went on all day and night so it was impossible to settle down for the night. They also shone powerful lights into the tents which made things worse.” At some point in February, Ahmed is awakened during the night every hour on the hour. He also suffers from isolation. “There were no cages in the tents but you were separated from the person next to you by barbed wire. You were not allowed to communicate with anyone in the tent. I started to feel crazy from the isolation…. My conversations with the soldiers were the only real relief I had because it was human contact.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed

Timeline Tags: Torture of US Captives, War in Afghanistan

Vice Admiral John Poindexter testifying before Congress in the Iran Contra hearings in 1987.Vice Admiral John Poindexter testifying before Congress in the Iran Contra hearings in 1987. [Source: Associated Press]Vice Admiral John Poindexter begins running a shadowy new government agency called the Information Awareness Office. [New York Times, 2/13/2002; Federal Computer Week, 10/17/2002] Poindexter, formerly President Reagan’s National Security Adviser, is known for his five felony convictions of lying to Congress, destroying documents, and obstructing Congress in its investigation of his role in the mid-1980s Iran-Contra affair. Later his convictions were overturned on a technicality. [Los Angeles Times, 11/17/2002] Far from apologizing, Poindexter said it was his duty to lie to Congress. [Newsday, 12/1/2002] The New York Times notes that his new agency “is developing technologies to give federal officials instant access to vast new surveillance and information-analysis systems.” The new office is part of DARPA, the Defense Advanced Research Projects Agency. Poindexter was also known for his controversial role in shifting control of computer security to the military in the 1980s. Says Marc Rotenberg, former counsel for the Senate Judiciary Committee, “It took three administrations and both political parties over a decade to correct those mistakes.” [New York Times, 2/13/2002] Surprisingly, Poindexter’s appointment is little noticed until later in 2002 when the Total Information Awareness program is revealed (see March 2002; November 9, 2002). Incidentally, several others involved in the Iran-Contra affair also find jobs in the Bush Administration, including Elliott Abrams, John Negroponte, and Otto Reich. [Observer, 12/8/2002]

Entity Tags: Total Information Awareness, Defense Advanced Research Projects Agency, John Poindexter

Timeline Tags: Civil Liberties, Iran-Contra Affair

Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. [Ledger (Lakeland FL), 10/24/2004]
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). [Washington Post, 6/24/2007]
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).

Entity Tags: US Department of Defense, US Department of Justice, Richard B. Myers, US Department of State, Taliban, Office of Legal Counsel (DOJ), John C. Yoo, Alberto R. Gonzales, Richard (“Dick”) Cheney, Colin Powell, Al-Qaeda, Condoleezza Rice, Donald Rumsfeld, John Bellinger, George W. Bush, Geneva Conventions, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Defense Secretary Rumsfeld sends a memo to Joint Chiefs of Staff Chairman General Richard Myers informing him that Bush has declared the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban (see January 18-25, 2002). In this “Memorandum for Chairman of the Joint Chiefs of Staff,” Rumsfeld states: “The United States has determined that al-Qaeda and Taliban individuals under the control of the Department of Defense are not entitled to prisoner of war status for purposes of the Geneva Conventions of 1949.” Nevertheless, “[t]he Combatant Commanders shall, in detaining al-Qaeda and Taliban individuals under the control of the Department of Defense, treat them humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions of 1949.” [US Department of Defense, 1/19/2002 pdf file] The same day, the memorandum is disseminated as an order by the Joint Chiefs of Staff. [Chairman of the Joint Chiefs of Staff, 1/19/2002 pdf file]

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Attorney General John Ashcroft publicly defends the president’s decision (see January 18-25, 2002) to deny detainees the protections of Geneva Conventions. He calls the detainees “terrorists” who “are uniquely dangerous.” [CNN, 1/22/2002]

Entity Tags: John Ashcroft

Timeline Tags: Torture of US Captives

White House lawyers Alberto Gonzales and David Addington visit Guantanamo Bay. On the flight back, Gonzales agrees with Addington that all Guantanamo detainees should be designated eligible for trial by military commission under the president’s November 13 Military Order (see January 20, 2002). [New York Times, 10/24/2004]

Entity Tags: David S. Addington, Alberto R. Gonzales

Timeline Tags: Torture of US Captives

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), and OLC lawyer John Yoo send a memo to White House counsel Alberto Gonzales and Defense Department chief counsel William Haynes. Known as the “Treaties and Laws Memorandum,” the document addresses the treatment of detainees captured in Afghanistan, and their eventual incarceration at Guantanamo and possible trial by military commissions. The memo asserts that the Geneva Conventions do not apply to al-Qaeda detainees, and the president has the authority to deny Taliban members POW status. The document goes on to assert that the president is not bound by international laws such as the Geneva Conventions because they are neither treaties nor federal laws. [US Department of Justice, 1/22/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Torture of US Captives, Civil Liberties, War in Afghanistan

John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions and is applicable to prisoners of war. Yoo’s boss, OLC head Jay Bybee, sends another secret memo about the Geneva Conventions to Deputy Attorney General Larry Thompson. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Jay S. Bybee, American Civil Liberties Union, Geneva Conventions, US Department of Justice, John C. Yoo, Office of Legal Counsel (DOJ), Larry D. Thompson

Timeline Tags: Civil Liberties

Two weeks after Justice Department lawyers John Yoo and Robert Delahunty write a memo saying that the US should not be bound by international laws covering warfare and torture (see January 9, 2002), White House counsel Alberto Gonzales concurs (see January 25, 2002), saying: “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002] But others inside and outside the administration strongly disagree. Many will later point to Yoo and Delahunty’s memo as providing the “spark” for the torture and prisoner abuses reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). Human Rights Watch director Kenneth Roth will call the memo a “maliciously ideological or deceptive” document that ignores US obligations under multiple international agreements. “You can’t pick or choose what laws you’re going to follow,” Roth will observe. “These political lawyers set the nation on a course that permitted the abusive interrogation techniques” disclosed in later months. Scott Horton, president of the International League for Human Rights, agrees. When you read the memo, Horton says, “the first thing that comes to mind is that this is not a lofty statement of policy on behalf of the United States. You get the impression very quickly that it is some very clever criminal defense lawyers trying to figure out how to weave and bob around the law and avoid its applications.” Two days later, the State Department, whose lawyers are “horrified” by the Yoo memo, vehemently disagrees with its position (see January 11, 2002). Three weeks later, State again criticizes the memo (see February 2, 2002). State senior counsel William Howard Taft IV points out that the US depends itself on the even observations of international law, and that following Yoo’s recommendations may undermine attempts to prosecute detainees under that same body of law. Secretary of State Colin Powell “hit[s] the roof” when he reads Gonzales’s response to the Yoo memo, warning that adopting such a legal practice “will reverse over a century of US policy and practice” and have “a high cost in terms of negative international reaction” (see January 26, 2002). The Bush administration will give in a bit to Powell’s position, announcing that it will allow Geneva to apply to the Afghan war—but not to Taliban and al-Qaeda prisoners. State Department lawyers call it a “hollow” victory for Powell, leaving the administration’s position essentially unchanged. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Robert J. Delahunty, Human Rights Watch, Colin Powell, Alberto R. Gonzales, International League for Human Rights, John C. Yoo, Kenneth Roth, William Howard Taft IV, Scott Horton, US Department of State

Timeline Tags: Torture of US Captives, Civil Liberties

US Secretary of State Colin Powell responds to Alberto Gonzales’ January 25 draft memo to the president (see January 25, 2002). He argues that it does not provide the president with a balanced view on the issue of whether or not to apply the Geneva Conventions to the conflict in Afghanistan. Powell lists several problems that could potentially result from exempting the conflict from the Conventions as Gonzales recommends. For example, he notes that it would “reverse over a century of US policy and practice in supporting the Geneva conventions and undermine the protections of the law of war for our troops, both in this specific conflict and in general.” The decision will furthermore have “a high cost in terms of negative international reaction.” It will “undermine public support among critical allies, making military cooperation more difficult to sustain,” and other states would “likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice.” But perhaps most ominously, Powell charges that the proposed decision “may provoke some individual foreign prosecutors to investigate and prosecute our officials and troops” and “make us more vulnerable to domestic and legal challenge.” The end of the memo consists of several rebuttals to points that Gonzales made in his memo. [US Department of State, 1/26/2004 pdf file; New York Times, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Geneva Conventions, Alberto R. Gonzales, Colin Powell

Timeline Tags: Torture of US Captives, Civil Liberties

Vice President Cheney gives one of the first public indications that he and his office have a keen and active interest in expanding the power of the presidency (see January 21, 2001). Interviewed by ABC’s Cokie Roberts, Cheney openly discusses his interest in reversing the restraints placed on the presidency after Watergate and the Vietnam War. He calls the restraints “unwise compromises” that serve to “weaken the presidency and the vice presidency.” His job, he explains, is to reverse the “erosion of [presidential] powers and the ability of the president of the United States to do his job.” Cheney says he has laid out his case to President Bush, who agrees with his rationale and his agenda. “One of the things that I feel an obligation on—and I know the president does, too, because we talked about it—is to pass on our offices in better shape than we found them to our successors.” [Savage, 2007, pp. 75-76]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Cokie Roberts

Timeline Tags: Civil Liberties

Reporter Daniel Pearl moments before he is killed.Reporter Daniel Pearl moments before he is killed. [Source: Associated Press]Wall Street Journal reporter Daniel Pearl is murdered. He is reported dead on February 21; his mutilated body is found months later. Police investigators say “there were at least eight to ten people present on the [murder] scene” and at least 15 who participated in his kidnapping and murder. “Despite issuing a series of political demands shortly after Pearl’s abduction four weeks ago, it now seems clear that the kidnappers planned to kill Pearl all along.” [Washington Post, 2/23/2002] Some captured participants later claim 9/11 mastermind Khalid Shaikh Mohammed is the one who cuts Pearl’s throat. [MSNBC, 9/17/2002; Time, 1/26/2003] The land on which Pearl was held and murdered reportedly belongs to either the Al Rashid Trust, or one of its supporters, Saud Memon. The Al Rashid Trust, an ostensibly charitable organization that US intelligence linked to the financing of al-Qeada, is closely linked to the jihadi organization Jaish-i-Mohammed and was one of the very first organizations to have its assets frozen after 9/11. It may have been used to funnel money to the 9/11 hijackers in the US (see Early August 2001 and September 24, 2001). [Time, 1/26/2003; Daily Telegraph, 5/9/2004; Tribune, 4/2/2006]

Entity Tags: Al Rashid Trust, Daniel Pearl, Khalid Shaikh Mohammed, Saud Memon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Barbara Hatch Rosenberg.Barbara Hatch Rosenberg. [Source: Public domain]In February 2002, Dr. Barbara Hatch Rosenberg claims in a public speech at Princeton University that she knows the identity of the killer behind the 2001 anthrax attacks (see October 5-November 21, 2001). Rosenberg is a professor of molecular biology at the State University of New York at Purchase, and a biological arms control expert. She states: “There are a number of insiders—government insiders—who know people in the anthrax field who have a common suspect. The FBI has questioned that person more than once… so it looks as though the FBI is taking that person very seriously.” She also claims that the FBI is not that interested in going after this suspect because “[t]his guy knows too much, and knows things the US isn’t very anxious to publicize” (see February 8, 2002). In June 2002, she puts out a paper that details her theory about this suspect. She states that “a number of inside experts (at least five that I know about) gave the FBI the name of one specific person as the most likely suspect.” That same month, she presents her ideas to Senators Tom Daschle and Patrick Leahy, both of whom had been targeted in the anthrax attacks. She also is invited to brief the Senate Judiciary Committee and the Senate Intelligence Committee (see June 24, 2002). Immediately after this, the FBI searches Hatfill’s home while reporters watch, putting him in the public eye as a possible suspect (see June 25, 2002). Rosenberg later denies ever mentioning Hatfill by name. However, one reporter later claims that Rosenberg had specifically given Hatfill’s name as the lead suspect. Furthermore, the description of her suspect exactly matches Hatfill. Hatfill will later blame Rosenberg for the FBI’s interest in him. He will say: “She’s crazy. She caused it.” [Washington City Paper, 7/25/2003] In 2008, Hatfill will be officially cleared of any involvement in the anthrax attacks (see August 8, 2008).

Entity Tags: Steven Hatfill, Patrick J. Leahy, Barbara Hatch Rosenberg, Federal Bureau of Investigation, Tom Daschle

Timeline Tags: 2001 Anthrax Attacks

In a reply to White House Counsel Alberto Gonzales (see January 25, 2002), the State Department’s Legal Director, William Howard Taft IV, tries again (see January 11, 2002) to put his view forward supporting obeying the Geneva Conventions. He writes: “The president should know that a decision that the Conventions do apply is consistent with the plain language of the Conventions and the unvaried practice of the United States in introducing its forces into conflict over fifty years.” [US Attorney General, 2/1/2002]

Entity Tags: William Howard Taft IV, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

The White House declares that the United States will apply the Geneva Conventions to the conflict in Afghanistan, but will not grant prisoner-of-war status to captured Taliban and al-Qaeda fighters. Though Afghanistan was party to the 1949 treaty, Taliban fighters are not protected by the Conventions, the directive states, because the Taliban is not recognized by the US as Afghanistan’s legitimate government. Likewise, al-Qaeda fighters are not eligible to be protected under the treaty’s provisions because they do not represent a state that is party to the Conventions either.
Administration Will Treat Detainees Humanely 'Consistent' with Geneva - In the memo, President Bush writes that even though al-Qaeda detainees do not qualify as prisoners of war under Geneva, “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The presidential directive is apparently based on Alberto Gonzales’s January 25 memo (see January 25, 2002) and a memo from Vice President Cheney’s chief of staff, David Addington (see January 25, 2002).
Bush Chooses Not to Suspend Geneva between US and Afghanistan - The directive also concludes that Bush, as commander in chief of the United States, has the authority to suspend the Geneva Conventions regarding the conflict in Afghanistan, should he feel necessary: Bush writes, “I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time.” Though not scheduled for declassification until 2012, the directive will be released by the White House in June 2004 to demonstrate that the president never authorized torture against detainees from the wars in Afghanistan and Iraq. [George W. Bush, 2/7/2002 pdf file; CNN, 2/7/2002; Newsweek, 5/24/2004; Truthout (.org), 1/19/2005; Dubose and Bernstein, 2006, pp. 191]
Overriding State Department Objections - Bush apparently ignores or overrides objections from the State Department, including Secretary of State Colin Powell (see January 25, 2002) and the department’s chief legal counsel, William Howard Taft IV (see January 25, 2002). Both Powell and Taft strenuously objected to the new policy. [Savage, 2007, pp. 147]
Ignoring Promises of Humane Treatment - The reality will be somewhat different. Gonzales laid out the arguments for and against complying with Geneva in an earlier memo (see January 18-25, 2002), and argued that if the administration dispensed with Geneva, no one could later be charged with war crimes. Yet, according to Colin Powell’s chief of staff, Lawrence Wilkerson, sometime after the Bush memo is issued, Vice President Cheney and Defense Secretary Rumsfeld decide to ignore the portions promising humane treatment for prisoners. “In going back and looking at the deliberations,” Wilkerson later recalls, “it was clear to me that what the president had decided was one thing and what was implemented was quite another thing.” [Dubose and Bernstein, 2006, pp. 190-191]

Entity Tags: Geneva Conventions, George W. Bush, Colin Powell, Lawrence Wilkerson, William Howard Taft IV, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

Accused al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001) is charged with one count of credit card fraud. He has already been arrested on a material witness warrant pertaining to the investigation of the 9/11 attacks; since January, he has been in detention in New York City, where most of the investigations are centered. [Bradley Scout, 3/29/2002] According to the FBI, phone records link al-Marri with a phone number in the United Arab Emirates that was used by 9/11 hijacker Mohamed Atta and one of his associates, Ramzi bin Al-Shibh. Al-Marri’s lawyer, Richard Jasper, says there is no evidence linking al-Marri to the phone calls by Atta and bin al-Shibh, al-Marri merely attempted three phone calls to the same number. “Attempted—I don’t know what that means, do you?” Jasper says. “It’s the thinnest of inferences, actually. If you read the affidavit carefully there’s no direct or indirect evidence he made the calls. How do we know there wasn’t some kind of mistaken call or some flaw in recovering the numbers?” Al-Marri has family members in the UAE. [Chicago Sun-Times, 3/21/2002]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Ali Saleh Kahlah al-Marri, Ramzi bin al-Shibh, Richard Jasper, Mohamed Atta

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Complete 911 Timeline

A safe house in Sana’a, Yemen, where Samir al-Hada was hiding.A safe house in Sana’a, Yemen, where Samir al-Hada was hiding. [Source: CNN]Samir al-Hada, an al-Qaeda operative who helped run a vital al-Qaeda communications hub in Sana’a, Yemen (see Late 1998-Early 2002), dies while being pursued by Yemeni police. The Yemeni police were tipped off by Samir’s landlord that he was planning to flee the country when he failed to produce identity documents to renew his lease. The police stake out his hideout for a week but he escapes and, during the chase, a grenade explodes in his hand and kills him. He was the brother-in-law of 9/11 hijacker Khalid Almihdhar. [BBC, 2/13/2002; Guardian, 2/14/2002; CNN, 2/14/2002; Al Ahram, 2/21/2002] After the attack, the police search the house where al-Hada had been staying and seize weapons, documents, books, a mobile phone, and a piece of paper containing phone numbers. [CBS News, 2/13/2002; BBC, 2/15/2002] The al-Hada hub was used in planning the embassy bombings in 1998 (see August 4-25, 1998 and October 4, 2001), the attack on the USS Cole in 2000 (see October 14-Late November, 2000), and 9/11 (see Early 2000-Summer 2001). It had been monitored by the NSA since the late 1990s (see Late August 1998 and Early 1999). Ahmed al-Hada is in Yemeni custody by 2006; it has not been stated when or how he was captured. [Wright, 2006, pp. 378] It appears that the communications hub is no longer functional after al-Hada’s death, as there are no more references to it operating, several of the al-Hada clan are rounded up, the hub is again discussed by the media (see February 2001 and After), and the clan’s patriarch, Ahmed al-Hada, is again named in the media. [Milwaukee Journal Sentinel, 2/14/2002; CNN, 2/14/2002; Al Ahram, 2/21/2002]

Entity Tags: Ahmed al-Hada, National Security Agency, Yemen, Al-Qaeda, Samir al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

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

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