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Context of 'March 11-16, 2004: OLC Clarifies Stance on Classified Foreign Intelligence Activities'

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One of a group of 25 al-Qaeda members captured in Pakistan, Tawfiq bin Attash (see April 29, 2003), is taken into US custody and sent to a CIA-run detention facility in Afghanistan. Years later, after being transferred to Guantanamo, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006), who will identify him as “Walid bin Attash” in their documents.
'Forced Standing' - Bin Attash will recall his introduction to detention in Afghanistan as follows: “On arrival at the place of detention in Afghanistan I was stripped naked. I remained naked for the next two weeks. I was put in a cell measuring approximately [3 1/2 by 6 1/2 feet]. I was kept in a standing position, feet flat on the floor, but with my arms above my head and fixed with handcuffs and a chain to a metal bar running across the width of the cell. The cell was dark with no light, artificial or natural. During the first two weeks I did not receive any food. I was only given Ensure [a liquid nutritional supplement] and water to drink. A guard would come and hold the bottle for me while I drank.… The toilet consisted of a bucket in the cell.… I was not allowed to clean myself after using the bucket. Loud music was playing 24 hours each day throughout the three weeks I was there.” Author Mark Danner, writing of the ICRC report in 2009 (see March 15, 2009), will note that the “forced standing” technique. with arms shackled above the head, was a favorite technique of the Soviets, who called it “stoika.” Bin Attash, who had lost a leg fighting in Afghanistan, found the technique particularly painful: “After some time being held in this position my stump began to hurt so I removed my artificial leg to relieve the pain. Of course my good leg then began to ache and soon started to give way so that I was left hanging with all my weight on my wrists. I shouted for help but at first nobody came. Finally, after about one hour a guard came and my artificial leg was given back to me and I was again placed in the standing position with my hands above my head. After that the interrogators sometimes deliberately removed my artificial leg in order to add extra stress to the position.” He is checked periodically by a doctor. The doctor does not object to the ‘forced standing,’ even though the treatment causes intense pain in bin Attash’s leg; neither does the doctor object to the suspension from shackles, even though the shackles cut and abrade his wrists.
Cold Water, Physical Beatings - Bin Attash will tell ICRC officials that he is “washed down with cold water every day.” Every day he is also subjected to beatings: “Every day for the first two weeks I was subjected to slaps to my face and punches to my body during interrogation. This was done by one interrogator wearing gloves.… Also on a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room. It was also placed around my neck when being taken out of my cell for interrogation and was used to lead me along the corridor. It was also used to slam me against the walls of the corridor during such movements. Also on a daily basis during the first two weeks I was made to lie on a plastic sheet placed on the floor which would then be lifted at the edges. Cold water was then poured onto my body with buckets.… I would be kept wrapped inside the sheet with the cold water for several minutes. I would then be taken for interrogation.”
Moved to Second Facility - It remains unclear where bin Attash is moved to after his initial detention in Afghanistan, but he will tell ICRC officials that his captors there—also Americans—“were rather more sophisticated than in Afghanistan because they had a hose-pipe with which to pour the water over me.” Danner will later note that the methods used to interrogate and torture bin Attash are somewhat more refined than those used on an experimental basis with another al-Qaeda suspect, Abu Zubaida (see April - June 2002). For example, a towel was wrapped around Zubaida’s neck and used to slam him into walls, while bin Attash was given a plastic collar. [New York Review of Books, 3/15/2009]

Entity Tags: International Committee of the Red Cross, Khallad bin Attash, Al-Qaeda, Abu Zubaida, Mark Danner, Central Intelligence Agency

Timeline Tags: Torture of US Captives

The CIA’s Office of the Inspector General reviews videotapes of the interrogation and custody of militant training camp facilitator Abu Zubaida. The tapes, made in 2002 (see Spring-Late 2002), show 83 applications of the waterboarding technique, most of which last for less than 10 seconds. However, 11 of the interrogation videos turn out to be blank, two others are blank except for one or two minutes, and two more are broken and cannot be reviewed. The Inspector General then compares the tapes to logs and cables about the interrogations and identifies a 21-hour period, including two waterboarding sessions, that is not captured on the tapes. [Central Intelligence Agency, 5/7/2004, pp. 36-37 pdf file]

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

On May 7, 2003, Leonie Brinkema, the judge in the Zacarias Moussaoui trial, asks the CIA if it has recordings of interrogations of detainees related to Moussaoui’s case. Two days later, the CIA replies that it does not, although it is actually in possession of some recordings. In 2002, the CIA secretly videotaped interrogations of high-ranking detainees Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002) but it does not reveal this to anyone involved in the Moussaoui trial. In 2005, some of these videotapes will be destroyed (see November 2005), around the time the Brinkema makes a repeat request for the tapes (see November 3-14, 2005). However, other recordings—two videotapes and one audio tape—will survive and will finally be viewed by Moussaoui’s prosecutors in 2007, long after Moussaoui has been convicted (see September 19 and October 18, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007] Although the identity of the detainees in the recordings requested is not known, one of the prosecutors will later say, “Obviously the important witnesses included [Abu] Zubaidah, [Ramzi] bin al-Shibh, and KSM [Khalid Shaikh Mohammed]… those are the guys at the head of the witness list.” However, he will not specifically recall which tapes are requested. [Associated Press, 12/7/2007]

Entity Tags: Central Intelligence Agency, Leonie Brinkema, Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

The Casa de Spain was one of the bombed buildings in Casablanca.The Casa de Spain was one of the bombed buildings in Casablanca. [Source: Associated Press]Twelve suicide bombers attack five targets in Casablanca, Morocco, including a Jewish cultural center. Forty-five people are killed, including most of the bombers. Moroccan authorities link the bombers to the Moroccan Islamic Combatant Group (MICG), which is allegedly linked to al-Qaeda. After the attacks, Moroccan officials sentence two surviving bombers to death and round up thousands of people suspected of having ties to terrorism. [PBS Frontline, 1/25/2005] The suspected mastermind, Saad al-Houssaini, has extensive al-Qaeda ties and lived in Afghanistan for four years before 9/11. He will be captured in 2007. [Washington Post, 7/7/2007] The leader of the MICG is said to be Amer el-Azizi, who has links to the 9/11 attacks and the 2004 Madrid train bombings (see Before July 8, 2001 and Before March 11, 2004). [New Yorker, 7/26/2004] Some of the other leaders of the bombings are also said to be linked to the 2004 Madrid bombings (see 7:37-7:42 a.m., March 11, 2004). Also, Mohammed Fazazi, a radical imam who preached at the Hamburg mosque attended by some of the 9/11 hijackers, will be convicted for a role in the bombings (see 1993-Late 2001). [Irujo, 2005, pp. 241-242]

Entity Tags: Moroccan Islamic Combatant Group, Mohammed Fazazi, Al-Qaeda, Amer el-Azizi, Saad al-Houssaini

Timeline Tags: Complete 911 Timeline

In a press briefing prior to the president’s trip to Europe and the Middle East, National Security Adviser Condoleezza Rice suggests the US military has discovered laboratories capable of developing weapons of mass destruction, supporting Powell’s claim (see February 5, 2003). “We have found, in Iraq, biological weapons laboratories that look precisely like what Secretary Powell described in his February 5 report to the United Nations.” [White House, 5/28/2003; US Department of State, 5/28/2003; US House Committee on Government Reform, 3/16/2004]

Entity Tags: Condoleezza Rice

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

Ali Saleh Kahlah Al-Marri, a Qatari citizen and former US college student charged with bank fraud and alleged to be an al-Qaeda sleeper agent (see December 12, 2001), pleads innocent in an Illinois federal court. His court date is set for July 21, but before that can happen, President Bush will designate al-Marri an “enemy combatant” and send him into military custody, where he will be denied access to the US court system (see June 23, 2003). Al-Marri has been in detention in New York City while federal investigators probe his alleged connections to 9/11 hijackers. Al-Marri is charged with credit card fraud (see February 8, 2002) based on his alleged possession of at least 15 unauthorized and counterfeit credit cards; he is alleged to have been part of the al-Qaeda finance network. He is also charged with lying to FBI agents over alleged overseas phone calls to a number associated with an al-Qaeda figure in the United Arab Emirates, Mustafa Ahmed al-Hawsawi, a known al-Qaeda facilitator linked to the 9/11 attacks (see Early-Late June, 2001). Al-Marri is not charged with being personally linked to the attacks. US Attorney Jan Paul Miller says al-Marri has not been charged with a terrorist crime. [Associated Press, 5/29/2003]

Entity Tags: Ali Saleh Kahlah al-Marri, Al-Qaeda, Jan Paul Miller, Mustafa Ahmed al-Hawsawi, George W. Bush, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Solicitor General Theodore Olson submits a response to the request that the Supreme Court reopen the 1953 state secrets case US v Reynolds (see February 26, 2003). Olson argues that once a decision has been made, it should be respected—“the law favors finality,” he writes. More surprisingly to the plaintiffs and their lawyers, Olson argues that there was no fraud perpetuated in the original case, a position hard to defend in the face of the declassified accident reports that were the heart of that case (see February 2000 and February 26, 2003). The accident reports never contained military secrets or secret information of any kind, a claim that the Court’s 1953 decision hinged on, but Olson argues that because of the wording of the claims—releasing the reports to the original plaintiffs “might lead to disclosure” of classified information—then the old claims of protecting state secrets are still technically valid (see March 9, 1953). Olson echoes the author of the original Supreme Court opinion, Fred Vinson, by reminding the Court that “[t]he claim of privilege in this case was made in 1950, at a time in the nation’s history—during the twilight of World War II and the dawn of the Cold War—when the country, and especially the military, was uniquely sensitive to need for ‘vigorous preparation for national defense.‘… The allegations of fraud made by the petition in this case… must be viewed in that light.” The lawyer for the plaintiffs in the petition, Wilson Brown, is both angered and impressed by what he calls Olson’s “remarkable obfuscation.” By hiding behind the vague wording of the original claims of state secrets, Olson is implying that this case must turn on factual issues—and therefore should be heard in a lower court, not the Supreme Court. Brown, in his response co-written by colleague Jeff Almeida, calls Olson’s arguments “disingenuous” and insists that the plaintiffs’ original case “had been vitiated through fraud.” [Siegel, 2008, pp. 261-264]

Entity Tags: Fred Vinson, Bush administration (43), Jeff Almeida, US Supreme Court, Wilson Brown, Theodore (“Ted”) Olson

Timeline Tags: Civil Liberties

CIA officials ask for reauthorization of the controversial harsh interrogation methods (see April 2002 and After and August 1, 2002) that had been withdrawn (see December 2003-June 2004) after the revelation of abuse and torture at Iraq’s Abu Ghraib prison (see November 5, 2003). The CIA has captured a new al-Qaeda suspect in Asia, and top agency officials ask the National Security Council Principals Committee—Vice President Dick Cheney, National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld, CIA Director George Tenet, Secretary of State Colin Powell, and Attorney General John Ashcroft—for permission to use extreme methods of interrogation against the new detainee. Rice, who chairs the Principals Committee, says: “This is your baby. Go do it.” [ABC News, 4/9/2008] The name of the new suspect captured in Asia is not mentioned, but Hambali is captured in Thailand in August 2003 (see August 12, 2003), and he is the only prominent al-Qaeda figure arrested that summer. He is considered one of al-Qaeda’s most important leaders. There are some reports that he is one of only about four prisoners directly waterboarded by the US (see Shortly After August 12, 2003).

Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Al-Qaeda, Colin Powell, Condoleezza Rice, George J. Tenet, John Ashcroft, Hambali, National Security Council, Donald Rumsfeld

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Speaking on CNBC’s Capital Report, National Security Adviser Condoleezza Rice says the trailers recently discovered in Iraq (see April 19, 2003; May 9, 2003) were designed to produce biological weapons. “But let’s remember what we’ve already found. Secretary Powell on February 5 (see February 5, 2003) talked about a mobile, biological weapons capability. That has now been found and this is a weapons laboratory trailers capable of making a lot of agent that—dry agent, dry biological agent that can kill a lot of people. So we are finding these pieces that were described… We know that these trailers look exactly like what was described to us by multiple sources as the capabilities for building or for making biological agents. We know that we have from multiple sources who told us that then and sources who have confirmed it now. Now the Iraqis were not stupid about this. They were able to conceal a lot. They’ve been able to scrub things down. But I think when the whole picture comes out, we will see that this was an active program.” [CNBC, 6/3/2003; US House Committee on Government Reform, 3/16/2004]

Entity Tags: Condoleezza Rice

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

National Security Adviser Condoleezza Rice, appearing on NBC’s Meet the Press, says: “We are confident that we—I believe that we will find [weapons of mass destruction in Iraq]. I think that we have already found important clues like the biological weapons laboratories that look surprisingly like what Colin Powell described in his speech (see February 5, 2003).” [Meet the Press, 6/8/2003; American Forces Press Service, 6/9/2003]

Entity Tags: Condoleezza Rice

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

Marc Grossman, the undersecretary of state for political affairs, prepares a memo about former ambassador Joseph Wilson’s trip to Niger to ascertain the truth or falsity of claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). The memo refers explicitly to Wilson’s wife, Valerie Plame Wilson, as a CIA official and identifies her as Wilson’s wife, using the name “Valerie Wilson.” The second paragraph of the memo is marked with an “S,” denoting that Wilson is a covert operative for the agency. [New York Times, 7/16/2005; Rich, 2006, pp. 180]
Memo Based on Information from State Department's Intelligence Bureau - Grossman prepares his memo based on information he receives from Carl Ford of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR). Ford, in a paragraph marked SNF for “secret, not foreign,” cites “Valerie Wilson, a CIA WMD manager and the wife of Joe Wilson.” [US Department of State, 6/10/2003 pdf file; Washington Post, 7/21/2005]
INR: Wilson a 'Walk On' - The INR report calls Wilson a “walk on,” and goes on to note: “From what we can find in our records, Joe Wilson played only a walk-on part in the Niger/Iraq uranium story. In a February 19, 2002 meeting convened by Valerie Wilson (see February 19, 2002), [a] CIA WMD manager and the wife of Joe Wilson, he previewed his plans and rationale for going to Niger but said he would only go if the department thought his trip made sense.” [US Department of State, 6/10/2003 pdf file; ABC News, 1/24/2007]
Libby Originated Request for Information on Wilsons; Memo Contains Erroneous Material - The memo is prepared by Grossman at the request of the INR; the INR in turn responded to a request from Lewis “Scooter” Libby, the vice president’s chief of staff. The memo claims that Plame Wilson “apparently convened” the CIA meeting that resulted in her husband’s selection for the investigative journey to Niger, a claim that Plame Wilson will later note is erroneous. According to Plame Wilson, Doug Rohn, the INR official who joined the February 2002 CIA meeting about Wilson’s proposed trip (see February 13, 2002), was late to the meeting and was not sure about Plame Wilson’s role. She had already left the meeting by the time Rohn arrived. When Grossman wrote his memo in June 2003, Rohn had left Washington to become the consul general in Karachi, Pakistan. Another analyst, Neil Silver, actually writes the memo for Grossman using Rohn’s old notes. Silver states as a fact that Plame Wilson convened the meeting. Authors Michael Isikoff and David Corn will later write: “Inadvertently, Rohn’s uninformed impression was now portrayed as a hard-and-fast truth. It would soon become, in the hands of White House spinners, a political charge.” The rest of the memo is fairly accurate, Plame Wilson will observe, and notes that, as the INR memo says: “Joe Wilson played only a walk-on part in the Niger-Iraq uranium story.… [H]e previewed his plans and rationale for going to Niger, but said he would only go if the [State] Department thought that his trip made sense.” [Wilson, 2007, pp. 261-262]

Entity Tags: Neil Silver, Marc Grossman, Lewis (“Scooter”) Libby, Central Intelligence Agency, Douglas Rohn, Bureau of Intelligence and Research, Valerie Plame Wilson, David Corn, Joseph C. Wilson, Michael Isikoff

Timeline Tags: Niger Uranium and Plame Outing

John Kiriakou, an executive assistant to the CIA’s Iraq mission manager Robert Grenier, sends out an email asking other CIA officers for information about Ambassador Joe Wilson’s trip to Niger concerning allegations Iraq purchased yellowcake uranium there. The e-mail is sent out in response to a request from Deputy CIA Director John McLaughlin for information Vice President Dick Cheney will want at a meeting scheduled for tomorrow, and is sent “on behalf of the vice president.” The questions concern Wilson’s trip, what the CIA knew of it, and President Bush’s State of the Union address that mentioned the allegations. According to journalist Laura Rozen, “The email makes clear that senior CIA officials, including Kiriakou’s boss [Grenier] and the Deputy Director of Central Intelligence [McLaughlin], did not know who Valerie Wilson was at the time.” [Central Intelligence Agency, 6/10/2003 pdf file; Mother Jones, 12/21/2007] After resigning from the agency, Kiriakou will come to national attention when he makes a crucial intervention in the US debate on the ethics of waterboarding (see December 10, 2007).

Entity Tags: Laura Rozen, Central Intelligence Agency, John E. McLaughlin, Joseph C. Wilson, Richard (“Dick”) Cheney, John Kiriakou

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, chief of staff for Vice President Dick Cheney, phones senior CIA official Robert Grenier to ask about a recent trip to Niger by former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002). Libby has just left a meeting with Cheney and Cheney’s press secretary, Cathie Martin. According to later testimony by Grenier (see January 24, 2007), Libby is “anxious” to learn about the trip, and obviously annoyed by Wilson’s claims that he was sent to Niger at the behest of Cheney. Grenier, the official in charge of the CIA’s actions as relating to Iraq, promises to look into the matter, but before he can speak again to Libby, the chief of staff pulls him out of a meeting with CIA Director George Tenet to ask him about Wilson. [Office of the Vice President, 6/11/2003 pdf file; New York Times, 2/4/2007; MSNBC, 2/21/2007; Marcy Wheeler, 6/6/2007]
Libby Discusses Feasibility of Leaking Wilson Info - Grenier will later testify that he had never been pulled out of a meeting with Tenet before. Libby had already asked about Wilson, who was, according to Libby, “going around town and speaking to people in the press” about a mission he’d been sent on by the agency to investigate claims that Iraq had sought to buy yellowcake uranium from Niger (see February 21, 2002-March 4, 2002). Libby tells Grenier to check out Wilson’s story, and find out if Wilson’s claim that his mission was prompted by the Office of the Vice President is true (see (February 13, 2002)). “He sounded a little bit aggrieved,” Grenier will later testify. “There was a slightly accusatory tone in his voice.” This tone suggests to Grenier that Libby “would need this information sooner than later, so he could potentially get out in front of this story.” Later that day, Grenier receives a call from the CIA’s counterproliferation division—Valerie Plame Wilson’s bureau—confirming that Wilson had been sent to Niger by the agency (see Shortly after February 13, 2002). Grenier calls Libby back and relays that information. The State Department and Pentagon were also interested in the results of Wilson’s investigation, Grenier tells Libby. Grenier also tells Libby that Wilson’s wife works in the same CIA unit as the one that sent Wilson to Niger. The information about Wilson and his wife seems to please Libby, Grenier will later recall. Libby speculates as to the feasibility of leaking that information to the press. Grenier contacts CIA public affairs official Bill Harlow and tells Libby, “We can work something out.” Libby then tells Grenier that Martin will coordinate the effort with Harlow and the CIA public affairs office (see 5:27 p.m. June 11, 2003). [Marcy Wheeler, 1/24/2007; ABC News, 1/24/2007; Mother Jones, 1/25/2007]
Grenier Wonders if He Revealed Identity of Agency Official - After hanging up, Grenier will later testify, he feels somewhat guilty, “as if I had said too much.” In particular, he worries that he may have “revealed the identity of an agency officer.” He will testify that such information is something “we normally guard pretty closely. In the CIA our habit is that if we don’t need to say something, we generally don’t.” But, he later says he told himself, “look—this is a senior government official, he probably has every security clearance known to man.” [Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007]

Entity Tags: Robert Grenier, Richard (“Dick”) Cheney, Office of the Vice President, Counterproliferation Division, Joseph C. Wilson, Lewis (“Scooter”) Libby, Central Intelligence Agency, George J. Tenet, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

After CIA official Robert Grenier calls Vice President Dick Cheney’s chief of staff, Lewis Libby, with the news that the agency sent former ambassador Joseph Wilson to Niger (see Shortly after February 13, 2002), and Wilson’s wife is a CIA official (see 2:00 p.m. June 11, 2003), CIA spokesman Bill Harlow calls Cheney’s communications director Cathie Martin. In the course of the conversation, Harlow tells Martin that Wilson’s wife works for the CIA. Martin then tells Cheney and Libby about Wilson and Wilson’s wife. [Office of the Vice President, 6/11/2003 pdf file; Marcy Wheeler, 1/24/2007; Marcy Wheeler, 1/25/2007]

Entity Tags: Lewis (“Scooter”) Libby, Bill Harlow, Catherine (“Cathie”) Martin, Central Intelligence Agency, Joseph C. Wilson, Robert Grenier, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

The CIA, the RAND Corporation, and the American Psychological Association host a two-day workshop entitled, “Science of Deception: Integration of Practice and Theory.” One session, “Law Enforcement Interrogation and Debriefing,” explores the question, “What pharmacological agents are known to affect apparent truth-telling behavior?” [American Psychological Association, 6/18/2003; Congressional Quarterly, 4/4/2008] This question becomes more relevant in light of evidence that mind-altering drugs may be used by US interrogators against terror suspects (see April 4, 2008).

Entity Tags: Central Intelligence Agency, RAND Corporation, American Psychological Association

Timeline Tags: Torture of US Captives

Ali Saleh Kahlah al-Marri.Ali Saleh Kahlah al-Marri. [Source: Slate]A month before he is slated to go on trial for bank and credit card fraud charges (see February 8, 2002), the federal government drops all criminal charges against Ali Saleh Kahlah al-Marri, who has been held without legal representation, and in solitary confinement, since 2001 (see December 12, 2001). [CBS News, 6/23/2003; CBS News, 6/23/2003; CNN, 12/13/2005; Progressive, 3/2007]
'Grave Danger' - President Bush says al-Marri “represents a continuing, present, and grave danger” to the country, and the government designates al-Marri as an “enemy combatant,” alleging that he helped al-Qaeda operatives settle in the US. “Mr. Al-Marri possesses intelligence, including intelligence about personnel and activities of al-Qaeda,” Bush continues, and adds that gaining access to it “would aid US efforts to prevent attacks by al-Qaeda.” [Knight Ridder, 6/24/2003; Progressive, 3/2007] The presidential order says he “engaged in conduct that constituted hostile and war-like acts, including conduct in preparation for acts of international terrorism.” His detention is necessary, the order claims, to prevent him from participating in terrorist activities against the US. The order in effect precludes a pretrial hearing scheduled for July 2 and the start of a formal trial on July 22. [CNN, 6/24/2003]
Alleged Sleeper Agent - The government declaration for al-Marri says he worked as an “al-Qaeda sleeper agent” who was planning to “hack into the computer systems of US banks,” and possibly facilitate a follow up to the 9/11 attacks. For its part, the Defense Department says al-Marri trained at a terror camp in Afghanistan before 9/11, personally met Osama bin Laden, and volunteered for an unspecified “martyr mission.” [CNN, 12/13/2005] Attorney General John Ashcroft will later claim that al-Marri refused repeated offers to cooperate with the FBI; “consequently,” Ashcroft will write, Bush declares him an enemy combatant. Ashcroft will claim that under the laws of war, an enemy combatant can be killed out of hand. Instead, the government will hold al-Marri “without charge or trial until the end of the war.” [Slate, 11/30/2006]
Transferred to Navy Brig - Instead, the “enemy combatant” designation takes al-Marri, a Qatari citizen and legal US resident, out of the civilian criminal justice system and places him under the control of the Defense Department, which immediately transfers him into detention at a Navy brig in South Carolina. He could face a military tribunal or remain in detention indefinitely, without trial. He is only the third person to be publicly named as an enemy combatant, along with US citizens Jose Padilla and Yaser Esam Hamdi.
Fingered by KSM - According to a Justice Department official, al-Marri was “positively identified” as being part of a planned second wave of al-Qaeda terrorist attacks by an “al-Qaeda detainee in a position to know.” Justice officials imply that the detainee to finger al-Marri is senior 9/11 planner Khalid Shaikh Mohammed. [CBS News, 6/23/2003] Another suspected al-Qaeda operative, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001), is also said to have mentioned him. [CNN, 12/13/2005] Alice Fisher, the deputy assistant attorney general for the Justice Department’s criminal division, says the department did not drop the criminal charges against al-Marri because the case was weak: “We are confident we would have prevailed on the criminal charges. However, setting the criminal charges aside is in the best interests of our national security.” The criminal charges—lying to banks, lying to the FBI, and credit card fraud—could have given al-Marri up to 60 years in prison and $1.75 million in fines. [CBS News, 6/23/2003]
Pleaded Not Guilty - Al-Marri’s lawyer Mark Berman says that his client pleaded not guilty to the criminal charges (see May 29, 2003), and the case was proceeding to trial. “I definitely got the sense they were reluctant to try the case in court,” Berman says. “They’d rather be in a forum where defendants aren’t represented by counsel.” Al-Marri’s wife and five children have left the US. The Saudi Arabian government granted the family passports in February, in spite of a State Department request not to issue the passports, as department officials wanted al-Marri’s wife, who is Saudi, to be available to the FBI for questioning. [Knight Ridder, 6/23/2003] Al-Marri’s lawyers say they are preparing a legal challenge to Bush’s decision. [Knight Ridder, 6/24/2003]

Entity Tags: US Department of Defense, US Department of State, Osama bin Laden, US Department of Justice, Mustafa Ahmed al-Hawsawi, John Ashcroft, Khalid Shaikh Mohammed, Al-Qaeda, Ali Saleh Kahlah al-Marri, Mark Berman, Alice Fisher, George W. Bush, Jose Padilla, Federal Bureau of Investigation, Yaser Esam Hamdi

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

Department of Defense General Counsel William J. Haynes responds to a letter from Senator Patrick Leahy which asked for clarification on the administration’s interrogation policy (see June 2003). Haynes replies that “it is the policy of the United States to comply with all its legal obligations in its treatment of detainees [and]… to treat all detainees and conduct all interrogations, wherever they may occur” in a manner consistent with US obligations under the Convention Against Torture (see October 21, 1994). He adds that the US “does not permit, tolerate, or condone any such torture by its employees under any circumstances.” He also says that the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution require the US “to prevent other acts of cruel, inhuman, or degrading treatment or punishment which do not amount to torture.” Notably, he does not provide information about the specific interrogation tactics that US forces are permitted to use. “It would not be appropriate to catalogue the interrogation techniques used by US personnel thus we cannot comment on specific cases or practices,” Haynes says. [Human Rights Watch, 5/7/2004; Wall Street Journal, 6/7/2004]

Entity Tags: Patrick J. Leahy, William J. Haynes

Timeline Tags: Torture of US Captives

President Bush issues a proclamation to mark the United Nations International Day in Support of Victims of Torture. Bush states that the US is “committed to the worldwide elimination of torture and we are leading this fight by example.” He vows to prosecute torture and to prevent any “other cruel and unusual punishment.” The CIA’s chief lawyer, Scott Muller, complains to the White House that Bush’s statement could cause CIA interrogators, authorized by Bush to torture suspected al-Qaeda members (see February 7, 2002), to fear that they could be used as scapegoats by the administration. White House officials reassure Muller that despite Bush’s words, the administration still supports the CIA’s torture of prisoners. [New York Times, 5/3/2009]

Entity Tags: Scott Muller, Bush administration (43), George W. Bush, Central Intelligence Agency

Timeline Tags: Torture of US Captives

The UN Special Rapporteur on the independence of judges and lawyers, Param Cumaraswamy—still awaiting a response from the US government to his urgent appeal (see November 13, 2001) relating to Bush’s November 13, 2001 military order (see November 13, 2001) —says: “The Bush administration has not been very responsive to criticisms, and they have become a little intolerant to criticisms about themselves, but they are very free to criticize other governments when they violate human rights norms.” [BBC Radio 4, 7/13/2003]

Entity Tags: Bush administration (43), Amnesty International, Charles Anteby

Timeline Tags: Torture of US Captives

New York Times reporter David Sanger interviews Lewis Libby, Vice President Dick Cheney’s chief of staff, about Secretary of State Colin Powell’s UN presentation in February (see February 5, 2003). As he and Cheney have planned (see August 2002, June 27, 2003, July 7-8, 2003, 8:30 a.m. July 8, 2003, (July 11, 2003), July 14 or 15, 2003, and July 18, 2003), Libby discloses classified information from the October 2002 National Intelligence Estimate to Sanger (see October 1, 2002). [US District Court for the District of Columbia, 3/5/2004 pdf file; US Department of Justice, 2/2007 pdf file; Marcy Wheeler, 2/12/2007]

Entity Tags: David Sanger, Colin Powell, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The State Department sends a memo (see June 10, 2003) to Secretary of State Colin Powell as he is traveling with President Bush and other senior White House officials to Africa. Powell is seen during the flight walking around Air Force One with the memo in his hand. The memo concerns the trip by former ambassador Joseph Wilson to Niger, where he learned that allegations of Iraq attempts to purchase Nigerien uranium were false (see February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), and reveals his wife as a covert CIA agent. [New York Times, 7/16/2005; Rich, 2006, pp. 180] The paragraph identifying Valerie Plame Wilson as a CIA official is marked “S-NF,” signfying its information is classified “Secret, Noforn.” Noforn is a code word indicating that the information is not to be shared with foreign nationals. [Washington Post, 7/21/2005; Newsweek, 8/1/2005] When Wilson’s op-ed debunking the uranium claim and lambasting the administration for using it as a justification for war appears in the New York Times (see July 6, 2003), Powell’s deputy, Richard Armitage, calls Carl Ford, the head of the State Department’s internal intelligence unit, the Bureau of Intelligence and Research (INR) at Ford’s home. Armitage asks Ford to send a copy of the Grossman memo to Powell, who is preparing to leave for Africa with Bush. Ford sends a copy of the memo to the White House for transmission to Powell. The memo relies on notes by an analyst who was involved in a February 19, 2002 meeting to discuss whether to send someone to Africa to investigate the uranium claims, and if so, who (see February 19, 2002). The notes do not identify either Wilson or his wife by name, and erroneously state that the meeting was “apparently convened by” the wife of a former ambassador “who had the idea to dispatch” her husband to Niger because of his contacts in the region. Wilson is a former ambassador to Gabon. Plame Wilson has said that she suggested her husband for the trip, introduced him at the meeting, and left after about three minutes (see February 13, 2002). The memo identifies Wilson’s wife as Valerie Wilson; when conservative columnist Robert Novak outs her as a CIA agent (see July 14, 2003), he identifies her by her maiden name, Valerie Plame. The memo will later become a matter of intense interest to investigators attempting to learn how Plame Wilson’s identity was leaked to the press (see (July 15, 2005)). [New York Times, 7/16/2005; Rich, 2006, pp. 180]

Entity Tags: Joseph C. Wilson, Bureau of Intelligence and Research, George W. Bush, Carl W. Ford, Jr., Valerie Plame Wilson, Richard Armitage, Central Intelligence Agency, US Department of State, Colin Powell, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

White House press secretary Ari Fleischer attempts to downplay and denigrate the report by former ambassador Joseph Wilson on the Iraq-Niger uranium claim (see February 13, 2002, March 4-5, 2002, and July 6, 2003). He asks the rhetorical question, “Wouldn’t any government deny it?” referring to Nigerien denials of any involvement in such a deal. Wilson quickly retorts in his own interviews that since he never spoke to any current Nigerien government officials, such denials must be part of another report. Wilson refrains from citing the reports by US Ambassador to Niger Barbro Owens-Kirkpatrick and General Carlton Fulford (see November 20, 2001 and February 24, 2002) because, as he later writes, “I had wanted to limit my comments to my own personal experience.” [Wilson, 2004, pp. 336] Fleischer is apparently unaware of an admission by a senior White House official that the administration erred in claiming that Iraq had attempted to buy uranium from Niger (see July 8, 2003).

Entity Tags: Bush administration (43), Barbro Owens-Kirkpatrick, Carlton W. Fulford, Joseph C. Wilson, Ari Fleischer

Timeline Tags: Niger Uranium and Plame Outing

Rohan Gunaratna.Rohan Gunaratna. [Source: George Washington University]Counterterrorism expert Rohan Gunaratna claims to know what was discussed at the al-Qaeda summit held in Malaysia in January 2000 (see January 5-8, 2000). Gunaratna has been described as an “ad hoc adviser to US intelligence officials,” and it is believed he has seen top secret transcripts of 9/11 mastermind Khalid Shaikh Mohammed’s (KSM) recent interrogations in CIA prisons. It has not been explained how he saw such transcripts, but the CIA has not disputed the assertion that he saw them. [Bergen Record, 7/10/2003] In public testimony before the 9/11 Commission, Gunaratna says that “Khalid Shaikh Mohammed chaired that meeting [in Malaysia]. The first two hijackers to enter the United States, they were present at that meeting. So the 9/11 operation is an extension of old Plan Bojinka (see January 6, 1995). So the players of old plan Bojinka, they were not all arrested.… If you read the interrogation of [KSM], who is now in US custody, he has very clearly stated how 9/11 was planned, that it originated from [Bojinka].” However, the 9/11 Commissioners do not ask him any follow-up questions about this. [9/11 Commission, 7/9/2003 pdf file] In the 9/11 Commission’s final report, there will be no mention of any suggestions KSM was at the Malaysia summit or any clear accounting as to who all the attendees were. Their report will also downplay any connections between the 1995 Bojinka plot and the 9/11 plot, which they will claim began in 1999. [9/11 Commission, 7/24/2004, pp. 153-154] However, later on the same day as his testimony, Gunaratna will give more details of what he claims to have learned from KSM’s interrogations in an interview with a reporter. He says that at the summit KSM said al-Qaeda operatives would need to learn to fly commercial airliners in the US as part of a “suicide operation.” However, although KSM had already agreed on the targets with bin Laden, the World Trade Center and the Pentagon were not mentioned at the summit. KSM “was careful not to discuss all the specific plans at that meeting.” The reporter who interviewed Gunaratna notes that “some US intelligence officials” have “pooh-poohed the significance of the Malaysian meeting as a link to Sept. 11,” and if KSM was at the meeting, that “further underscores how the CIA missed an opportunity” to stop the 9/11 attacks. [Bergen Record, 7/10/2003] The CIA had Malaysian intelligence photograph and film the attendees of the summit as they were coming and going, but apparently there was no attempt to monitor what was said in the summit meetings (see January 5-8, 2000 and Shortly After). If Gunaratna is correct, it suggests that the CIA and 9/11 Commission may have withheld some details of KSM’s interrogations to the public that are embarrassing to US intelligence agencies. Note also that doubts have been expressed about the reliability of KSM’s testimony, which was at least partly obtained through the use of torture (see June 16, 2004).

Entity Tags: Central Intelligence Agency, Al-Qaeda, 9/11 Commission, Khalid Shaikh Mohammed, Rohan Gunaratna

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

When asked about the October 2002 National Intelligence Estimate on Iraq (see October 1, 2002) and whether Bush knew of the dissenting views among US intelligence agencies regarding the now-infamous aluminum tubes supposedly being used by Iraq to produce nuclear weapons, national security adviser Condoleezza Rice says that in preparation for his February 2003 speech to the UN (see February 5, 2003), Secretary of State Colin Powell chose to “caveat,” or mention, the dissents. “The only thing that was there in the NIE was a kind of a standard INR footnote, which is kind of 59 pages away from the bulk of the NIE. That’s the only thing that’s there. And you have footnotes all the time in CIA—I mean, in NIEs. So if there was a concern about the underlying intelligence there, the president was unaware of that concern and as was I.… Now, if there were any doubts about the underlying intelligence to that NIE, those doubts were not communicated to the president, to the vice president, or to me.” Rice is incorrect. The President’s Summary from that NIE (see Early October 2002) specifically told Bush of the dissenting views, and the much lengthier NIE went into far more detail about the dissenting views. Rice, along with Vice President Cheney and other senior White House officials, received a memo months before giving them the same material, including the dissents (see January 10, 2003). (Cheney, as a matter of course, receives essentially the same intelligence information as Bush receives.) And the NIE itself contained the following caveat: “In [the State Department’s Bureau of Intelligence and Research, or INR]‘s view, Iraq’s efforts to acquire aluminum tubes is central to the argument that Baghdad is reconstituting its nuclear weapons program, but INR is not persuaded that the tubes in question are intended for use as centrifuge rotors. INR accepts the judgment of technical experts at the US Department of Energy (DOE) who have concluded that the tubes Iraq seeks to acquire are poorly suited for use in gas centrifuges to be used for uranium enrichment and finds unpersuasive the arguments advanced by others to make the case that they are intended for that purpose. INR considers it far more likely that the tubes are intended for another purpose, most likely the production of artillery rockets.” This passage, among other sections of the NIE, will be declassified on July 18, one week from Rice’s denials.
A Pattern of Deception - There are numerous examples of Bush and Cheney citing the “imminent threat” of Saddam Hussein against the US and the Middle East. Some of those include: Cheney’s assertion that Hussein “now has weapons of mass destruction [and] is amassing them to use against our friends, against our allies, and against us” (see August 26, 2002); Bush’s assertion to the UN that Iraq has WMDs and is likely to share them with terrorists (see September 12, 2002); a farrago of assertions from Bush that includes assertions about Iraq’s fleet of manned and unmanned aerial vehicles ready to disperse chemical and biological weapons, perhaps over the US, its consorting with al-Qaeda, and more (see October 7, 2002); a State of the Union address loaded with false, misleading, and incorrect allegations (see October 7, 2002); and a speech on the eve of the Iraq invasion that asserted “[t]he danger is clear” that Iraq will “kill thousands or hundreds of thousands of innocent” Americans (see March 17, 2003). [White House, 7/11/2003; US House Committee on Government Reform, 3/16/2004; National Journal, 3/2/2006]

Entity Tags: George W. Bush, US Department of Energy, Colin Powell, Al-Qaeda, George W. Bush, Condoleezza Rice, Richard (“Dick”) Cheney, Saddam Hussein, Bureau of Intelligence and Research, Central Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

The same day that Vice President Dick Cheney tells his chief of staff, Lewis Libby, to disclose classified information from a CIA report to discredit war critic Joseph Wilson (see July 12, 2003), Libby and Cheney, along with Cheney’s press spokesperson Cathie Martin, fly to and from Norfolk, Virginia. During the flight, the three discuss how they can rebut Wilson’s criticisms of the administration’s war effort and discredit him. They consider passing information to reporters such as Time correspondent Matthew Cooper (see 12:45 p.m. July 11, 2003) and the Washington Post’s Glenn Kessler (see July 12, 2003). [US District Court for the District of Columbia, 10/28/2005 pdf file; Washington Post, 10/30/2005; National Journal, 6/14/2006] Cheney tells Libby to leak classified information from the October 2002 National Intelligence Estimate on Iraqi WMD to reporters (see July 12, 2003). Cheney also tells him to steer reporters towards a recent statement by CIA Director George Tenet that asserts Wilson had been sent to Niger by CIA counterproliferation officers “on their own initiative” (see 3:09 p.m. July 11, 2003). [Raw Story, 10/1/2005; New York Times, 10/1/2005; National Journal, 6/14/2006] He also tells Libby to alert reporters to the morning’s attack on Wilson by White House press secretary Ari Fleischer (see 3:20 a.m. July 12, 2003). [Washington Post, 10/30/2005] And Cheney tells Libby to ask the CIA to back his assertion that the Office of the Vice President knew nothing of the Wilson mission and “didn’t get the report back,” referring to the CIA’s report on Wilson’s debriefing (see March 5, 2002). [Murray Waas, 12/23/2008] According to the FBI’s investigation, Cheney and Libby discuss whether to tell reporters that Wilson’s wife works for the CIA. [Washington Post, 2/21/2007] Libby will “out” Plame Wilson to Cooper later this afternoon (see 2:24 p.m. July 12, 2003) as well as to New York Times reporter Judith Miller (see Late Afternoon, July 12, 2003). Cheney may have given Libby direct orders to leak Plame Wilson’s identity to the press, according to classified transcripts of Libby’s later testimony to FBI investigators. According to Libby’s notes of the conversation, Cheney says that the CIA has told him that Wilson was sent to Niger “at our behest,” referring to the agency (see Shortly after February 13, 2002). Libby’s notes also state that Cheney told him Wilson’s “wife works in that division.” Plame Wilson is a senior official for the CIA’s Joint Task Force on Iraq (see April 2001 and After), a bureau within the agency’s counterproliferation division. [Murray Waas, 12/23/2008]

Entity Tags: Central Intelligence Agency, George J. Tenet, Joseph C. Wilson, Ari Fleischer, Judith Miller, Catherine (“Cathie”) Martin, Richard (“Dick”) Cheney, Matthew Cooper, Glenn Kessler, Office of the Vice President, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The 519th Military Intelligence Battalion produces a memo laying down new “Interrogation Rules of Engagement” (IROE), for use in its new mission in Iraq. [US Department of the Army, 3/9/2004] The person apparently mostly responsible for writing the memo is Cpt. Carolyn A. Wood, formerly in charge of military intelligence interrogators at Bagram, which serves as the main screening area in Afghanistan. [Guardian, 6/23/2004] Col. Billy Buckner, the chief public affairs officer at Fort Bragg, home to the 519th Military Intelligence Battalion, later says that Wood brought the interrogations rules used at Bagram with her to Iraq. [Associated Press, 5/24/2004] But the rules are also adapted and made somewhat less aggressive. “Those rules were modified,” according to Buckner, “to make sure the right restraints were in place.” [Guardian, 6/23/2004] The modifications nevertheless fall outside normal military doctrine. According to a classified portion of the later Fay report (see August 25, 2004), the memo allows the “use of stress positions during fear-up harsh interrogation approaches, as well as presence of military working dogs, yelling, loud music,… light control,” sleep management, and isolation. [New York Review of Books, 10/7/2004] The memo is adopted from interrogation procedures known as “Battlefield Interrogation Team and Facility Policy,” in use by a secretive unit called Joint Task Force (JTF) 121 , that is active in both Iraq and Afghanistan. The 519th Military Intelligence Battalion worked in close cooperation with Special Operations Forces like JTF-121 during its tour in Afghanistan, and “at some point,” according to the Fay report, it “came to possess the JTF-121 interrogation policy.” [New York Times, 8/27/2004] Cpt. Wood adopts the JTF-121 policy “almost verbatim.” [New York Times, 8/27/2004] Like the highest US command in Iraq, the 519th Military Intelligence Battalion apparently believes the standard Army Field Manual is an insufficient guideline for interrogations. Interrogation techniques falling outside the scope of standard military doctrine have already been devised at the Pentagon, but only for use in Afghanistan and Guantanamo Bay. These “non-doctrinal approaches, techniques, and practices,” according to Gen. George R. Fay, nevertheless, become “confused at Abu Ghraib.” [US Department of the Army, 3/9/2004] JTF-121 consists of CIA officials and Special Operations troops, including soldiers from the Army’s Delta Force and Navy Seals. The unit is later alleged to have been instrumental in the capture of Saddam Hussein. [New York Times, 5/17/2004]

Entity Tags: Troy Armstrong, George R. Fay, Saddam Hussein, Carolyn A. Wood

Timeline Tags: Torture of US Captives

An organization called Veteran Intelligence Professionals for Sanity (VIPS) writes an open letter to President Bush entitled “Intelligence Unglued,” where they warn that unless Bush takes immediate action, the US intelligence community “will fall apart—with grave consequences for the nation.” They say that it is clear his National Security Adviser, Condoleezza Rice, and not CIA Director George Tenet, was responsible for the now-infamous “sixteen words” in his January State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003). “But the disingenuousness persists,” they write. “Surely Dr. Rice cannot persist in her insistence that she learned only on June 8, 2003, about former ambassador Joseph Wilson’s mission to Niger in February 2002, when he determined that the Iraq-Niger report was a con-job” (see July 6, 2003). “Rice’s denials are reminiscent of her claim in spring 2002 that there was no reporting suggesting that terrorists were planning to hijack planes and slam them into buildings (see May 16, 2002). In September, the joint Congressional committee on 9/11 came up with a dozen such reports” (see December 24, 1994 and January 6, 1995). It is not only Rice’s credibility that has suffered, they write, but Secretary of State Colin Powell’s as well, “as continued non-discoveries of weapons in Iraq heap doubt on his confident assertions to the UN” (see February 5, 2003). Ultimately, they write, it is Bush’s credibility at stake much more than that of his advisers and cabinet members. They lay the blame for the “disingenuousness” from the various members of the administration at the feet of Vice President Dick Cheney: it was Cheney’s office who sent Wilson to Niger (see (February 13, 2002)), it was Cheney who told the Veterans of Foreign Wars that Saddam Hussein was about to produce a nuclear weapon (see August 26, 2002), all with intelligence he and his staff knew to be either unreliable or outright forgeries—a “deep insult to the integrity of the intelligence process,” they write—it was Cheney and his staff who pressured CIA analysts to produce “cherry-picked” intelligence supporting their desire for war, it was Cheney and his staff who “cooked” the prewar National Intelligence Estimate on Iraq (see October 1, 2002). Bad enough that false intelligence was used to help craft Bush’s State of the Union address, they write, but that “pales in significance in comparison with how it was used to deceive Congress into voting on October 11 to authorize you to make war on Iraq” (see October 10, 2002). VIPS recommends three things for Bush to implement:
bullet Bring an immediate end to White House attempts to exculpate Cheney from what they write is his obvious guilt and ask for his resignation: “His role has been so transparent that such attempts will only erode further your own credibility. Equally pernicious, from our perspective, is the likelihood that intelligence analysts will conclude that the way to success is to acquiesce in the cooking of their judgments, since those above them will not be held accountable. We strongly recommend that you ask for Cheney’s immediate resignation.”
bullet Appoint General Brent Scowcroft, the chair of the Foreign Intelligence Advisory Board, to head “an independent investigation into the use/abuse of intelligence on Iraq.”
bullet Bring UN inspectors back into Iraq. “This would go a long way toward refurbishing your credibility. Equally important, it would help sort out the lessons learned for the intelligence community and be an invaluable help to an investigation of the kind we have suggested you direct Gen. Scowcroft to lead.” [Salon, 7/16/2003]

Entity Tags: George J. Tenet, George W. Bush, Richard (“Dick”) Cheney, Veteran Intelligence Professionals for Sanity, Brent Scowcroft, Colin Powell, Condoleezza Rice

Timeline Tags: Niger Uranium and Plame Outing

Senator John D. Rockefeller.Senator John D. Rockefeller. [Source: ViewImages.com]John D. Rockefeller (D-WV), the ranking member of the Senate Intelligence Committee, learns of the secret NSA warrantless wiretapping program against US citizens (see Early 2002) in a secret briefing for himself, the chairman of the committee, and the chairman and ranking member of the House Intelligence Committee. Hours later, Rockefeller sends a handwritten letter to Vice President Cheney expressing his concerns about the potential illegality of the program, concerns he apparently expressed in the briefing as well. Rockefeller will not release the letter publicly until December 19, 2005, four days after the New York Times publishes an article revealing the program’s existence (see December 15, 2005). Disturbed both by the information he was given and the information that was obviously being withheld, Rockefeller writes in part: “Clearly the activities we discussed raise profound oversight issues.… Given the security restrictions associated with this information, and my inability to consult staff or counsel on my own [Cheney had prohibited Rockefeller and the three other lawmakers in the briefing from consulting with their staff experts], I feel unable to fully evaluate, much less endorse these activities. As I reflected on the meeting today, and the future we face, John Poindexter’s TIA [Total Information Awareness (see March 2002)] project sprung to mind, exacerbating my concern regarding the direction the administration is moving with regard to security, technology, and surveillance. Without more information and the ability to draw on any independent legal or technical expertise, I simply cannot satisfy lingering concerns raised by the briefing we received.” [Democratic Party, 12/19/2005; Savage, 2007, pp. 115] Rockefeller also notes that he is not at liberty to do anything about his concerns, since he is legally bound to obey the secrecy rules the White House has invoked, but he wants his concerns noted. [Savage, 2007, pp. 116] It is unclear whether Rockefeller ever receives a reply. Rockefeller is apparently unaware of evidence showing that domestic surveillance may have begun well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: New York Times, Richard (“Dick”) Cheney, John D. Rockefeller, John Poindexter, Total Information Awareness, National Security Agency

Timeline Tags: Civil Liberties

White House deputy chief of staff Karl Rove declares that covert CIA case officer Valerie Plame Wilson, recently outed by conservative columnist Robert Novak (see July 14, 2003), is now “fair game,” presumably for media attacks. Plame Wilson learns of Rove’s declaration when she walks into her den to find her husband Joseph Wilson just getting off the phone. She will later write: “[H]e had a look on his face that I’d never seen before. He said he had just been talking with journalist and Hardball host Chris Matthews [the host of a political discussion show on MSNBC], who had told [Wilson] that he had just spoken with the powerful presidential adviser Karl Rove.” [Wilson, 2007, pp. 147] Wilson himself will later write that Matthews tells him: “I just got off the phone with Karl Rove. He says, and I quote, ‘Wilson’s wife is fair game.‘… I will confirm that if asked.” Wilson will write: “Those are fighting words for any man, and I’d just had them quoted to me.… Rove was legendary for his right-wing zeal and take-no-prisoners operating style. But what he was doing now was tantamount to declaring war on two US citizens, both of them with years of government service.… For a president who promised to restore dignity and honor to the White House, this behavior from a trusted adviser was neither dignified nor honorable. In fact, it was downright dirty and highly unethical even in a town where the politics of personal destruction are the local pastime.” He cannot be sure why he and his wife are being targeted. Surely, he muses, no one believes that his wife sent him on his mission to Niger (see Shortly after February 13, 2002 and February 19, 2002), or that his trip to one of the poorest countries in Africa had been some sort of pleasure jaunt. He realizes that the ultimate target might not be either his wife or himself, but others who may feel impelled to speak out against the administration, a point he makes later in the day to two reporters from Newsday (see July 21, 2003). [Wilson, 2004, pp. 1-5] Wilson will later write: “To make a political point, to defend a political agenda, to blur the truth that one of the president’s own staffers had scripted a lie into the president’s mouth, one of the administration’s most senior officials found it perfectly acceptable to push a story that exposed a national security asset. It was appalling.” [Wilson, 2004, pp. 351]

Entity Tags: Karl C. Rove, Chris Matthews, Bush administration (43), Valerie Plame Wilson, Joseph C. Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

A senior intelligence official confirms that outed CIA officer Valerie Plame Wilson (see July 14, 2003) was not responsible for selecting her husband, former ambassador Joseph Wilson, to go to Niger to determine the truth or falsity of charges that Iraq had sought to buy uranium from there (see Shortly after February 13, 2002 and February 19, 2002). While Plame Wilson worked “alongside” the operations officers who asked her husband to travel to Niger, the official notes, she did not recommend her husband to undertake the Niger assignment. “They [the officers who did ask Wilson to check the uranium story] were aware of who she was married to, which is not surprising,” the official says. “There are people elsewhere in government who are trying to make her look like she was the one who was cooking this up, for some reason. I can’t figure out what it could be.” [Newsday, 7/22/2003]

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

Timeline Tags: Niger Uranium and Plame Outing

Damage to the front of the Marriott Hotel.Damage to the front of the Marriott Hotel. [Source: CNN]A suicide bomber crashes into the lobby of the J. W. Marriott Hotel in Jakarta, Indonesia, killing 16 people and wounding 150. All of those killed are Indonesian except for one Dutch man. No group takes credit for the bombing, but US and Indonesian officials quickly blame Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia. The New York Times calls the Marriott “the most visibly American building in the city, [leaving] little doubt about the intentions of the terrorists.” Two weeks before, a militant captured in a raid in central Java revealed that he had recently delivered two carloads of bombmaking materials to Jakarta. Furthermore, drawings were found indicating that JI was planning an attack on one of the following targets: the Grand Hyatt, Mulia, or Marriott hotels, two Jakarta shopping malls, or some Christian sites. Police claim they went on high alert. But the Marriott says they were never given any warning, and there was no public alert of any kind. The US ambassador to Indonesia, Ralph Boyce, says the US was not given any warning. Time magazine will later comment that “serious questions remain about just how much more police might have done to prevent the attack in the first place.” [New York Times, 8/7/2003; Time, 8/10/2003] One Indonesian later convicted for a role in the bombing, Mohammad Rais, will later testify in court that he had frequently met Osama bin Laden in Afghanistan in recent years, and the bombing was inspired by bin Laden’s talk about waging war against the US and its allies. “We saw the Marriott attack as a message from Osama bin Laden.” [Associated Press, 12/2/2004] US treasury official Stuart Levey will later claim that al-Qaeda funded the attack by having a courier bring $30,000 in cash to Indonesia. [USA Today, 6/18/2006] The funds for the bombing allegedly passed through Hambali, an al-Qaeda and JI leader arrested in Thailand several days later (see August 12, 2003). [CNN, 8/19/2003] JI leaders Azhari Husin and Noordin Mohammed Top are said to have masterminded the bombing, together with Hambali. [New York Times, 10/7/2005]

Entity Tags: Ralph Boyce, Noordin Mohammed Top, Mohammad Rais, Azhari Husin, Hambali, Stuart Levey, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Mohammed Nazir Bin Lep (a.k.a. Lillie).Mohammed Nazir Bin Lep (a.k.a. Lillie). [Source: Defense Department]Hambali (a.k.a. Riduan Isamuddin) is arrested in Thailand in a joint US-Thai operation. He has been considered the operational leader of al-Qaeda in Southeast Asia. He was involved in the Bojinka plot in 1995, attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), and was said to be involved in the 2002 bombing of two nightclubs in Bali, Indonesia (see October 12, 2002), the 2003 bombing of a Marriott Hotel in Jakarta, Indonesia (see August 5, 2003), and other similar acts. He is taken into US custody and is said to quickly and fully cooperate with his captors. [Chicago Tribune, 12/7/2003] According to the Washington Post, at some point he will be transferred to the US naval base at the British island colony of Diego Garcia, where the CIA is believed to have a secret interrogation center. [Washington Post, 12/17/2004; Washington Post, 1/2/2005, pp. A01] Two of Hambali’s associates - Mohamad Farik Amin (a.k.a. Zubair), and Mohammed Nazir Bin Lep (a.k.a. Lillie) - are arrested with him. Both are Malaysians and are said to be al-Qaeda operatives. Supposedly they were members of a four person suicide squad working for Hambali and Khalid Shaikh Mohammed to hijack an airplane (see October 2001-February 2002). [Time, 10/6/2003] The US will later classify both of them, and Hambali, as about a dozen of the top al-Qaeda operatives in US custody (see September 2-3, 2006).

Entity Tags: United States, Thailand, Hambali, Mohamad Farik Amin, Khalid Shaikh Mohammed, Mohammed Nazir Bin Lep

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

Entity Tags: Central Intelligence Agency, Hambali

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Outed CIA case officer Valerie Plame Wilson (see July 14, 2003), fighting allegations that she was the officer responsible for sending her husband, Joseph Wilson, to Niger to investigate claims that Iraq had attempted to buy uranium from there (see February 13, 2002, February 19, 2002, and July 22, 2003), meets with one of her supervisors, the deputy chief of the CIA’s counterproliferation division (CPD). Plame Wilson only identifies him as “Scott.” He tells her that she is the victim of unfair charges, and that it is obvious to him she did not indulge in any nepotism or improper conduct. “In fact,” Scott tells her, “if we had asked you to take our message to Joe about coming in to headquarters to discuss possible options relating to the yellowcake allegations and you refused for some reason, you would have been derelict in your duty.” [Wilson, 2007, pp. 148]

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

Timeline Tags: Niger Uranium and Plame Outing

The “Hard Site” at Abu Ghraib is officially opened for use. Maj. Gen. George R. Fay, who much later reports (see August 25, 2004) on what happens at the prison, will say he believes the opening of the Hard Site “marked the beginning of the serious abuse that occurred.” [US Department of the Army, 3/9/2004]

Entity Tags: George R. Fay

Timeline Tags: Torture of US Captives

In an interview, the US officer in charge of interrogations at Abu Ghraib acknowledges that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), detainees are subjected to stress positioning. Stress positions are a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Geneva Conventions, Donald Rumsfeld

Timeline Tags: Torture of US Captives

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

Entity Tags: United Nations, Anthony Zinni, Bush administration (43), Donald Rumsfeld, US Central Command, US Department of Defense, US Department of State

Timeline Tags: Iraq under US Occupation

Senator Patrick Leahy responds to Department of Defense William J. Haynes’s letter of June 25, 2003 (see June 25, 2003). He asks him to explain how the standards he outlined are implemented and communicated to US soldiers and asks for assurances that other agencies, including the CIA, abide by the same standards as the US military. [Human Rights Watch, 5/7/2004]

Entity Tags: Patrick J. Leahy, William J. Haynes

Timeline Tags: Torture of US Captives

The legal experts at the Office of the Staff Judge Advocate (OSJA) issue a memorandum amending the set of interrogation rules included in a September 10 memo (see September 10, 2003) by military legal experts in Iraq. The additional methods included in that memo can only be used with prior approval by Lieutenant General Ricardo Sanchez on a case-by-case basis, the OSJA document says. [US Department of Defense, 8/23/2004 pdf file] Like Major General Geoffrey Miller, the OSJA stresses the importance of collaboration between MPs and intelligence personnel. It also provides “safeguards such as legal reviews of the interrogation plans and scrutiny of how they were carried out,” the Washington Post later reports. [Washington Post, 6/12/2004] Additionally, the memo discusses how the Arab fear of dogs can be exploited. [US Department of Defense, 8/23/2004 pdf file] According to a later report (see August 25, 2004) by General George R. Fay, interrogators at Abu Ghraib immediately adopt the new set of rules. But Staff Judge Advocate Colonel Mark Warren will recall that the memo is not implemented until its approval by the US Central Command (CENTCOM). [US Department of Defense, 8/23/2004 pdf file] Evidence, however, supports the Fay report. “After mid-September 2003,” Fay will write, “all [s]oldiers assigned to Abu Ghraib had to read a memorandum titled IROE [Interrogations Rules of Engagement], acknowledging they understood the ICRP, and sign a confirmation sheet indicating they had read and understood the ICRP.” [US Department of Defense, 8/23/2004 pdf file] According to classified documents uncovered by the Senate Armed Services Committee (see April 21, 2009), CENTCOM lawyers begin objecting to the policies almost immediately. One e-mail, from a CENTCOM lawyer to a Staff Judge Advocate, warns, “Many of the techniques appear to violate [Geneva Conventions] III and IV and should not be used.” [Huffington Post, 4/21/2009]

Entity Tags: George R. Fay, Senate Armed Services Committee, Geoffrey D. Miller, Marc Warren, Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

A mortar attack kills two soldiers at Abu Ghraib, and injures Lt. Col. Steven L. Jordan and ten other soldiers. Jordan, who has only just arrived at the prison (see September 17, 2003), is extremely traumatized by the deaths of the two soldiers, one of whom suffered immensely. Two Iraqis, a man and a woman, are quickly apprehended on suspicion of involvement in the mortar attack and brought to the prison where a team of military intelligence soldiers and the MP Internal Reaction Force (IRF) are waiting for them. Two military intelligence soldiers yell at the man and begin hitting him, while he remains passive and handcuffed. MP 1st Lt. David Sutton intervenes and stops the beating. The detainee is released later in the day when his involvement in the attack is determined unlikely. The abuse is subsequently reported to Forward Operating Base (FOB) Commander Lt. Col. Jerry L. Phillabaum. The MPs and five military intelligence soldiers who were present at the incident all provide witness statements. Interestingly, as Maj. Gen. George R. Fay later relates (see August 25, 2004), “While the MP statements all describe abuse at the hands of an unidentified MI [Military Intelliigence] person…, the MI statements all deny any abuse occurred.” Phillabaum reports the incident to the Criminal Investigation Division (CID), which determines there are insufficient grounds for prosecution. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Jerry L. Phillabaum, David Sutton, Steven L. Jordan

Timeline Tags: Torture of US Captives

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

Entity Tags: Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Mohammed Jamal Khalifa, Abu Sayyaf, Mahmoud Afif Abdeljalil, Al-Qaeda

Timeline Tags: Complete 911 Timeline

The Justice Department authorizes the FBI to open a criminal investigation into leaks of CIA agent Valerie Plame Wilson’s covert identity by sources within the Bush administration (see July 14, 2003, July 30, 2003, and September 16, 2003). [MSNBC, 2/21/2007; Washington Post, 7/3/2007] The investigation is headed by the Justice Department’s counterespionage chief, John Dion. [Vanity Fair, 1/2004]
Questions of Impartiality - Dion is a veteran career prosecutor who has headed the counterespionage section since 2002. He will rely on a team of a half-dozen investigators, many of whom have extensive experience in investigating leaks. However, some administration critics are skeptical of Dion’s ability to run an impartial investigation: he will report to the Justice Department’s Robert McCallum, who is an old friend and Yale classmate of President Bush. Both Bush and McCallum were members of the secret Skull & Bones Society at Yale. Others believe the investigation will be non-partisan. “I believe that the career lawyers in Justice—the people who preceded [Attorney General] John Ashcroft and who will be there after he leaves—will do a nonpolitical investigation, an honest investigation,” says legal ethics specialist Stephen Gillers. “Ashcroft’s sole job is to stay out of it.” [Associated Press, 10/2/2003; Los Angeles Times, 10/2/2003]
CIA Director Filed Request - The request for an investigation (see September 16, 2003) was filed by CIA Director George Tenet; a CIA official says Tenet “doesn’t like leaks.” White House press secretary Scott McClellan says he knows of no leaks about Wilson’s wife: “That is not the way this White House operates, and no one would be authorized to do such a thing. I don’t have any information beyond an anonymous source in a media report to suggest there is anything to this. If someone has information of this nature, then he or she should report it to the Department of Justice.” McClellan calls Joseph Wilson’s charges that deputy White House chief of staff Karl Rove leaked his wife’s name (see August 21, 2003) “a ridiculous suggestion” that is “simply not true.” A White House official says that two administration sources (later revealed to be Rove and Deputy Secretary of State Richard Armitage—see June 13, 2003, July 8, 2003, and 11:00 a.m. July 11, 2003) leaked Plame Wilson’s name to six separate journalists (see Before July 14, 2003). The White House is notoriously intolerant of leaks, and pursues real and supposed leakers with vigor. Wilson says that if the White House did indeed leak his wife’s name, then the leak was part of what he calls “a deliberate attempt on the part of the White House to intimidate others and make them think twice about coming forward.” [Washington Post, 9/28/2003]
White House, Democrats Respond - National Security Adviser Condoleezza Rice says that the White House is willing to have the Justice Department investigate the charges. “I know nothing of any such White House effort to reveal any of this, and it certainly would not be the way that the president would expect his White House to operate,” she tells Fox News. “My understanding is that in matters like this, a question like this is referred to the Justice Department for appropriate action and that’s what is going to be done.” However, some Democrats want more. Senator Charles Schumer (D-NY) says the Justice Department should appoint a special counsel to investigate the charges, since the department has an inherent conflict of interest: “I don’t see how it would be possible for the Justice Department to investigate whether a top administration official broke the law and endangered the life of this agent (see July 21, 2003). Even if the department were to do a thorough and comprehensive investigation, the appearance of a conflict could well mar its conclusions.… Leaking the name of a CIA agent is tantamount to putting a gun to that agent’s head. It compromises her safety and the safety of her loved ones, not to mention those in her network of intelligence assets. On top of that, it poses a serious threat to the national security of this nation.” Representative Richard Gephardt (D-MO) says the White House should find out who is responsible for the leak, and Congress should investigate the matter as well. [Washington Post, 9/28/2003; Fox News, 9/29/2003]
FBI Will Acknowledge Investigation - The FBI officially acknowledges the investigation on September 30 (see September 30, 2003), and informs the White House of the investigation. [New York Times, 2006]

Entity Tags: Richard Gephardt, Karl C. Rove, Richard Armitage, Stephen Gillers, US Department of Justice, Joseph C. Wilson, Valerie Plame Wilson, Scott McClellan, John Dion, Robert McCallum, George W. Bush, Charles Schumer, Condoleezza Rice, Bush administration (43), George J. Tenet, Federal Bureau of Investigation, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

Senior CIA case officer Valerie Plame Wilson testifies to the Senate Intelligence Committee as part of its investigation into the failures and possible misuse of intelligence in the run-up to the Iraq invasion (see July 9, 2004). In 2007, Plame Wilson will write that she and her husband hope that the committee will “reveal how the administration cherry-picked intelligence to justify going to war with Iraq [and] show that the decision to go to war was premature; the intelligence community simply did not have the hard evidence from current, reliable human sources to match the confident rhetoric coming from the White House and its supporters.” Plame Wilson is accompanied in her appearance before the committee by a CIA attorney, whose job is to represent the agency’s interests, not hers. She is not questioned by any senators, but by four young staffers, two Democrats and two Republicans. When the staffers begin asking her about the story of the Iraq-Niger uranium connection and how she learned about it, it becomes obvious to her, as she will recall in her 2007 book Fair Game, that they “knew very little about how CIA cover actually worked, yet they acted as if they were veterans of the intelligence community.” One aggressive Republican staffer asks why she recommended her husband, former ambassador Joseph Wilson, to go to Niger to investigate the uranium allegations (see February 13, 2002); Plame Wilson will recall, “In my desire to be as accurate and truthful as possible, I answered, stupidly, ‘I don’t believe that I recommended my husband, but I can’t recall who suggested him for the trip.” She fails to recall that a CIA records officer actually recommended her husband for the trip (see February 19, 2002). She also forgets during the interrogation that it was a phone call from Vice President Dick Cheney’s office that set the entire trip into motion (see (February 13, 2002)). And she forgets that it was her branch supervisor who asked that Wilson come in to the CIA to discuss the possibility of such a trip (see February 19, 2002). She does recall staying out of the initial CIA interview with her husband. In 2007, she will blame her memory failures on her own lack of composure, her lack of preparation for the interview, and her refusal to compare memories with her husband out of a sense of propriety. After 45 minutes or so, she leaves the interview, fairly sure that she handled herself well, but with “a little voice in my head [saying] it felt like a setup.” She will write: “In retrospect, it was clear they weren’t seeking information, but simply confirming their already closed conclusions. But in my naivete, my heart actually felt light because I believed in our democratic institutions. I believed that the truth would prevail, but I would soon find out that in Washington, the truth is not always enough.” [Wilson, 2007, pp. 167-169]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, Joseph C. Wilson, Office of the Vice President, Senate Intelligence Committee

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Larry C. Johnson, Catherine (“Cathie”) Martin, Bush administration (43), Chuck Hagel, Karl C. Rove, Lewis (“Scooter”) Libby, Robert Novak, Eric Boehlert, Office of the Vice President, Valerie Plame Wilson, Patrick Buchanan, Richard (“Dick”) Cheney

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

Entity Tags: Richard (“Dick”) Cheney, US Department of Justice, Office of Legal Counsel (DOJ), John C. Yoo, Jack Goldsmith, David S. Addington, Alberto R. Gonzales, National Security Agency, Jay S. Bybee, John Ashcroft, Jeffrey Rosen

Timeline Tags: Civil Liberties

Amjed Isail Waleed arrives at Abu Ghraib and is designated a high-value detainee and assigned number 151365. [US Department of Defense, 8/23/2004 pdf file] He is immediately taken to the Hard Site and beaten by MPs. [Rolling Stone, 7/28/2004] Guards “put me in a dark room and started hitting me in the head and stomach and legs,” he later testifies. [Rolling Stone, 7/28/2004] He is then forced to strip and for five days he is left naked in his cell [Washington Post, 5/21/2004] where he is cuffed in stressful positions, a treatment known as “high cuffed.” [US Department of Defense, 8/23/2004 pdf file] He is also forced to kneel with a bag over his head for four hours, denied bedding or blankets, [Washington Post, 5/21/2004] and chained to a window in his cell and forced to wear women’s underwear on his head. [US Department of Defense, 8/23/2004 pdf file] One time a soldier slams Waleed’s head against the wall, causing the hood he is wearing to fall off. “One of the police was telling me to crawl, in Arabic, so I crawled on my stomach, and the police were spitting on me when I was crawling and hitting me on my back, my head, and my feet. It kept going on until their shift ended at four o’clock in the morning. The same thing would happen in the following days.” Later, one day in November, five soldiers take him into a room, put a bag over his head and begin to beat him up. “I could see their feet, only, from under the bag.… Some of the things they did was make me sit down like a dog, and they would hold the string from the bag, and they made me bark like a dog, and they were laughing at me.” [Rolling Stone, 7/28/2004] A civilian interpreter, hired from Titan Corp., at one time hits him so hard, that he cuts his ear badly enough to require stitches. After several beatings that are so severe that he loses consciousness, he is forced to lie on the ground, while MPs jump onto his back and legs. [US Department of Defense, 8/23/2004 pdf file] “One of the police was pissing on me and laughing at me.” [Rolling Stone, 7/28/2004] Another day he is allegedly grabbed by US soldiers who hold him down and spread his legs. Another soldier meanwhile starts to open his trousers. “I started screaming,” he recalls. A soldier steps on his head. [Washington Post, 5/21/2004] He is also beaten with a broom. [US Department of Defense, 8/23/2004 pdf file] Someone breaks a chemical light and pours the liquid over his body, which is witnessed by another detainee. “I was glowing and they were laughing,” he says. [Washington Post, 5/21/2004] He is then taken to another room where a police baton is used to sodomize him. “And one of the police, he put a part of his stick that he always carries inside my ass, and I felt it going inside me about two centimeters, approximately. And I started screaming, and he pulled it out and he washed it with water inside the room.” [Rolling Stone, 7/28/2004] In the meantime, two female MPs are hitting him, throwing a ball at his penis, and taking photographs. [US Department of Defense, 8/23/2004 pdf file] “And the two American girls that were there when they were beating me, they were hitting me with a ball made of sponge on my dick. And when I was tied up in my room, one of the girls, with blond hair, she is white, she was playing with my dick. I saw inside this facility a lot of punishment just like what they did to me and more. And they were taking pictures of me during all these instances.” [Rolling Stone, 7/28/2004] Over the next few months, Waleed is subjected to six interrogations. Maj. George R. Fay (see August 25, 2004) will later conclude after an investigation into treatment of detainees at Abu Ghraib, “It is highly probable [the detainee’s] allegations are true.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Amjed Isail Waleed, Titan

Timeline Tags: Torture of US Captives

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

Entity Tags: Ahmed Chalabi, Saddam Hussein, Martin Smith, Al-Qaeda

Timeline Tags: Events Leading to Iraq Invasion

Lt. Gen. Ricardo Sanchez writes a classified memo calling for a “harmonization” of policing and intelligence tasks at Abu Ghraib in order to ensure “consistency with the interrogation policies… and maximize the efficiency of the interrogation.” [Washington Post, 5/16/2004] The memo instructs that intelligence is to work more closely with military police in order to “manipulate an internee’s emotions and weaknesses” by controlling the detainee’s access to “lighting, heating,… food, clothing, and shelter.” [Washington Post, 5/21/2004] It says that “it is imperative that interrogators be provided reasonable latitude to vary their approach” according to the prisoner’s background, strengths, resistance, and other factors. [Washington Post, 5/16/2004] The memo is a revision of Gen. Geoffrey Miller’s September 9 memo (see September 9, 2003), which included a list of acceptable interrogation techniques. Sanchez’s memo, however, drops the list replacing it with a general statement that “anything not approved, you have to ask for,” and adding that the detainees must be treated humanely and that any dogs used during the interrogations must be muzzled. [Washington Post, 5/16/2004; Washington Post, 5/21/2004] Larry Wilkerson, the chief of staff to Secretary of State Colin Powell, later says that such instructions are well understood to be honored on paper only. He will say, “When you read [a memo like this], you read, for example, that dogs can be used but they have to be muzzled. Well, I’m a soldier. I know what that means to an E-6 [noncommissioned officer] that is trying to question a guy and he’s got a German shepherd with a muzzle on there. If that doesn’t work, the muzzle comes off. If that doesn’t work, you kind of let the dog leap at the guy and maybe every now and then take a bite out of him (see November 20, 2003). It’s a very careful crafting of a memo… ” [Dubose and Bernstein, 2006, pp. 191-192]

Entity Tags: Ricardo S. Sanchez, Lawrence Wilkerson

Timeline Tags: Torture of US Captives

An internal CIA memo detailing the January 2002 meeting in which former ambassador Joseph Wilson was chosen to go to Niger to find out the truth behind the Iraq-Niger uranium allegations (see February 13, 2002) is published by the Wall Street Journal. The memo is due to be turned over to the Department of Justice along with thousands of other documents as part of its investigation into the outing of Wilson’s wife, CIA agent Valerie Plame Wilson (see September 26, 2003). The document shows that while Plame Wilson was involved in the decision to send her husband to Niger, she was not responsible for making the final decision, a conclusion already verified by CIA officials (see July 22, 2003). [Wall Street Journal, 10/17/2003]

Entity Tags: Joseph C. Wilson, Central Intelligence Agency, Valerie Plame Wilson, US Department of Justice, Wall Street Journal

Timeline Tags: Niger Uranium and Plame Outing

A new audiotape thought to contain a message from Osama bin Laden is broadcast by Al Jazeera. On the 31-minute tape the speaker says that the US occupation of Iraq, a “new Crusader campaign against the Islamic world,” is bogged down in the “quagmires of the Tigris and Euphrates” and suffering mounting casualties from guerrillas. He also compares supporters in Iraq to great Muslim warriors of the past and forbids them from working with the Ba’ath party. After describing democracy as “the religion of ignorance,” he addresses the question of Palestine, and attacks the “road map” for peace between Israel and Palestine as well as Palestinian leader Mahmoud Abbas, saying he is similar to Afghani President Hamid Karzai. He highlights US financial losses and budget deficits after 9/11, and would also apparently like to fight in Iraq: “God knows, if I could find a way to get to your battlefields, I would not hesitate.” [Associated Press, 10/19/2003; Laden, 2005, pp. 207-211] He also says, “We reserve the right to respond at the opportune moment and place against all of the countries participating in this unjust war, in particular: Great Britain, Spain, Australia, Poland, Japan, and Italy.” [Irujo, 2005, pp. 257] Bin Laden had not specially threatened Spain in any previous speeches. According to a Spanish investigator, the Madrid al-Qaeda cell hears the speech, notices this, and begins planning an attack in Spain the next day. This will result in the Madrid train bombings only five months later (see 7:37-7:42 a.m., March 11, 2004). [Benjamin and Simon, 2005, pp. 10] However, some evidence suggests the cell was already planning a bombing from about late 2002. [Associated Press, 4/10/2004]

Entity Tags: Osama bin Laden

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Amnesty International

Timeline Tags: Torture of US Captives

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

Entity Tags: Hambali, Dan Bartlett, George W. Bush, Hank Crumpton, Megawati Sukarnoputri

Timeline Tags: Complete 911 Timeline

Lynndie England drags a detainee known as Gus by a leash around the neck. Megan Ambuhl looks on.Lynndie England drags a detainee known as Gus by a leash around the neck. Megan Ambuhl looks on. [Source: Public domain]At the Abu Ghraib prison, three detainees who were photographed naked the day before (see October 24, 2003), are again striped naked, handcuffed together, placed on the ground, and forced to lie on top of each other and simulate sex acts while they are being photographed. This treatment happens, according to a CID (Criminal Investigation Division) investigation, “on several occasions over several days.” Those present or participating in the abuse are the MPs Spc. Charles Graner, Ivan Frederick, Pfc. Lynndie England, and Spc. Sabrina Harman, all of the 372nd MP Company. Also directly involved are three military intelligence soldiers from the 325th Military Intelligence Battalion. Two of the military intelligence soldiers arrive at the Hard Site when the abuse is already taking place. One appears to have known beforehand that something was going to happen. [Washington Post, 5/22/2004] When they arrive, one MP is yelling through a megaphone at the naked detainees, who are forced to crawl on their stomachs and are handcuffed together. Gen. George Fay will later conclude in his report (see August 25, 2004) that this incident “was most likely orchestrated by MP personnel.” On the other hand, England says, “MI [Military Intelligence] Soldiers instructed them [MPs] to rough them up.” One of the most clearly humiliating photographs taken at Abu Ghraib is also dated October 25. It depicts an unidentified naked detainee, nicknamed “Gus,” with a leash around his neck and with the end held by Pfc. England. Spc. Megan Ambuhl is also present, watching. According to England, Cpl. Graner put on the leash and then asked her to pose for the photograph. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Sabrina Harman, Megan Ambuhl, Ivan L. Frederick II, Charles Graner, Lynndie England

Timeline Tags: Torture of US Captives

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

Entity Tags: Federal Bureau of Investigation, James Guckert, Talon News, Robert Novak, Karl C. Rove, US Department of Justice, Central Intelligence Agency, Joseph C. Wilson, Valerie Plame Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The Office of Legal Counsel (OLC)‘s Nicholas Quinn Rosenkranz sends a classified memo to his boss, OLC chief Jack Goldsmith. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Geneva Conventions. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Geneva Conventions, American Civil Liberties Union, US Department of Justice, Office of Legal Counsel (DOJ), Nicholas Quinn Rosenkranz, Jack Goldsmith

Timeline Tags: Civil Liberties

Imam Abdelkader Farssaoui, a.k.a. Cartagena, will testify under oath as a protected witness in 2007 that he was an informant and informed on a group of the 2004 Madrid train bombers from 2002 to 2003 (see September 2002-October 2003). He informed for the UCIE, a police unit dealing with terrorism. The group he watches is led by Serhane Abdelmajid Fakhet, who will later be considered one of about three top leaders of the bomb plot. Farssaoui moves from Madrid in October 2003 and stops informing on Fakhet’s group (see October 2003). But not long after that, he is back in Madrid and claims that he sees Fakhet go by on a moped with close associate named Said Berraj. He follows them, and sees Fakhet meeting with two UCIE officers who used to be his handlers at the same spot where he used to meet them. He does not see Berraj and assumes he has gone to the bathroom or something like that. The next day he asks his handler if Fakhet is an informant too, and his handler dodges the question. Farssaoui is wearing a motorcycle helmet and is not spotted. He keeps this information to himself until after the bombings. [El Mundo (Madrid), 3/7/2007; ABC (Spain), 3/7/2007] Berraj is said to be Fakhet’s assistant, and other sources will confirm that Berraj was a government informant in 2003. Berraj will flee Spain two days before the bombings and has not been seen since. [El Mundo (Madrid), 1/15/2007] About one month after the bombings, Fakhet will be killed with six of the other bombers after police surround their hideout (see 9:05 p.m., April 3, 2004).

Entity Tags: Abdelkader Farssaoui, Unidad Central de Informacion Exterior, Said Berraj, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

Major General Marshal Donald Ryder files a report on the prison system in Iraq, as requested by Lt. Gen. Ricardo S. Sanchez earlier in the fall (see Late January 2004). He concludes that there are potential systemic human rights, training, and manpower issues that need immediate attention at Abu Ghraib. But he also says that he found “no military police units purposely applying inappropriate confinement practices.” [US Department of the Army, 3/9/2004] Ryder suggests that the problem may stem from methods used in Afghanistan where MPs have worked with intelligence operatives to “set favorable conditions for subsequent interviews.” He recommends that military police no longer participate in military intelligence supervised interrogations. Guidelines need to be drawn up that “define the role of military police soldiers… clearly separating the actions of the guards from those of the military intelligence personnel,” he says. [New Yorker, 5/10/2004; New Yorker, 5/17/2004] An investigation by Gen. Antonio M. Taguba completed next year (see March 9, 2004) will come to the same conclusion. “I concur fully with MG Ryder’s conclusion regarding the effect of AR 190-8. Military Police, though adept at passive collection of intelligence within a facility, should not participate in military intelligence supervised interrogation sessions. Moreover, Military Police should not be involved with setting ‘favorable conditions’ [emphasis by Taguba] for subsequent interviews. These actions… clearly run counter to the smooth operation of a detention facility.” [US Department of the Army, 3/9/2004] Ryder does not appear to report on actual instances of prisoner abuse and downplays the gravity of the situation, saying it has not yet reached a crisis point. [New Yorker, 5/10/2004; New Yorker, 5/17/2004] Ryder’s report also notes that a great number of people being held in the Iraq prison system appear to be innocent of any crime. It notes that some Iraqis have been held for several months for nothing more than expressing displeasure or ill will towards US troops (see February 2004).

Entity Tags: Antonio M. Taguba, Ricardo S. Sanchez, Donald J. Ryder

Timeline Tags: Torture of US Captives

Allekema Lamari.Allekema Lamari. [Source: Spanish Interior Ministry]The Spanish intelligence agency Centro Nacional de Inteligencia (CNI) warns in a report that Barakat Yarkas’s al-Qaeda cell has reconstituted itself (see November 13, 2001) and is planning a new attack in Spain. It specifically warns that Allekema Lamari and Serhane Abdelmajid Fakhet are leading the new effort and are planning an attack on an unknown but significant target. This warning is based on comments Lamari made to his close associates. [Irujo, 2005, pp. 243] The warning is accurate; Lamari and Fakhet will be two of the leaders of the Madrid bombings in March 2004 (see 7:37-7:42 a.m., March 11, 2004). In retrospect, it is not surprising that Spanish intelligence is aware of such a warning, because at least two of the bomb plotters are actually government informants, and one of them is close to Lamari and another is close to Fakhet (see 7:37-7:42 a.m., March 11, 2004). But surprisingly, no action appears to be taken. Neither Fakhet, Lamari, nor any other members of their group are arrested before the bombings. A government informant will later claim under oath as a protected witness that Fakhet also was a government informant (see Shortly After October 2003). Mariano Rayon, head of the CNI, will later say, “We concluded that there was a certain and immediate threat against Spain or Spanish interests abroad.” The threat level was already high, but it was raised to “very high.” [ABC (Spain), 5/3/2007]

Entity Tags: Serhane Abdelmajid Fakhet, Centro Nacional de Inteligencia, Allekema Lamari, Mariano Rayon

Timeline Tags: Complete 911 Timeline

Top: Charles Garner punches one of the seven detainees. Bottom: Lynndie England points at the word “Rapeist” written on the leg of another one of the seven detainees. Other detainees are forced to sit naked on each other in the background.Top: Charles Garner punches one of the seven detainees. Bottom: Lynndie England points at the word “Rapeist” written on the leg of another one of the seven detainees. Other detainees are forced to sit naked on each other in the background. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, detainee number 7787; Hussein Mohssein Mata al-Zayiadi, detainee number 19446; and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] At least one of them was detained on suspicion of car theft. [Los Angeles Times, 10/21/2004] When they arrive, they all have their hands tied behind their backs with plastic handcuffs. Empty sandbags (“gunnysacks”) are put over their heads. [Rolling Stone, 7/28/2004] According to an account later provided by MP Spc. Matthew Wisdom, the other MPs suddenly begin striking at the prisoners. Spc. Charles Graner, Staff Sgt. Ivan Frederick and Sgt. Javal Davis “rotate around the detainees and abuse and hit them,” Wisdom later testifies. Graner poses for a photograph with his fist, clenched as if about to strike, close to a detainee’s head. “Right after the picture [is] taken, he actually hit[s] him,” Wisdom says in his testimony. [Los Angeles Times, 8/5/2004] The MPs then throw the tied-up Iraqi men against the walls until they fall on the floor. Wisdom later recounts, “Sfc [Sgt. First Class] Snider grabbed my prisoner and threw him into a pile.” [New Yorker, 5/10/2004] Pfc. Lynndie England, who had her birthday the day before and has come to the cellblock to visit her boyfriend Spc. Graner, says the prisoners fall in what she calls a “dog pile.” [Rolling Stone, 7/28/2004] According to Wisdom, he sees “Staff Sgt. Frederic, Davis and Cpl. Graner walking around the pile hitting the prisoners.” [New Yorker, 5/10/2004] Several guards take turns leaping on top of the pile. Also present is Spc. Jeremy Sivits, who later testifies: “That is when Sgt. Davis ran across the room and lunged in the air and landed in the middle of where the detainees were. I believe Davis ran across the room a total of two times and landed in the middle of the pile of detainees.” [Washington Post, 5/22/2004] “A couple of the detainees kind of made an ‘ah’ sound, as if this hurt them or caused them some type of pain.” In the meanwhile Pfc. England and Sgt. Javal Davis stomped on the lying prisoners’ fingers and feet. Sivits heard them scream because of it. [Rolling Stone, 7/28/2004] The alleged car thief later testified during Frederick’s trial, he felt someone putting his foot on his head when he was thrown into the pile of men. “He put his whole weight on my head and on my knee. I was screaming and crying.” [Los Angeles Times, 10/21/2004] At this point, MP Sgt. Shannon K. Snider of the 372nd MP Company, who is working in an office on the top floor, hearing the cries of pain, leans over the railing and angrily yells at Sgt. Davis to stop abusing the prisoners. When Davis steps away from the pile of men, Snider leaves. “I believe that Sgt. Snider thought it was an isolated incident,” Sivits says, “and that when he ordered Sgt. Davis to stop, it was over.” [Rolling Stone, 7/28/2004] It was not. Testimony by Spc. Wisdom suggests some ringleaders among the MPs pressured the others to join in with the abuse. According to Wisdom, he too asked Davis not to stomp on toes. Davis then allegedly tells Wisdom: “Who are you to tell me to stop?” [Los Angeles Times, 8/5/2004] Wisdom witnesses Frederick hitting a prisoner “in the side of his chest.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Frederick then takes notice of Wisdom looking on. Wisdom testifies that Frederick “looked at me and said: ‘Wisdom, you’ve got to get some of this,’ meaning I should hit the detainees as well.” [Los Angeles Times, 8/5/2004] According to Wisdom’s account, he goes outside after this incident, [New Yorker, 5/10/2004] and proceeds to alert his team leader Sgt. Robert Jones. [Los Angeles Times, 8/5/2004] After Snider has left the scene, and possibly Wisdom as well, the MPs put the prisoners back to their feet and remove their handcuffs. Graner orders the detainees in Arabic to take their clothes off. Graner takes the head of one of the naked but hooded prisoners in one arm and smashes his free fist into his temple, causing the prisoner to sag down on the floor. “Damn, that hurt!” Graner says jokingly. Sivits walks over to see if the detainee is still alive. “I could tell that the detainee was unconscious, because his eyes were closed and he was not moving, but I could see his chest rise and fall, so I knew he was still alive.” Maybe this is the same incident witnessed by Wisdom, as perhaps is the following. Staff Sgt. Ivan Frederick writes an X on another detainee’s chest with his finger and says, “Watch this.” Then he punches the prisoner on the indicated spot so massively that the hooded prisoner sways backward, falls to his knees and is gasping for air. [Rolling Stone, 7/28/2004] Frederick has singled out the alleged car thief for extra punishment. “I stood him up and punched him in the chest. I was angry. They told me he was the ringleader. He hit a female soldier in the face with a rock.” [Los Angeles Times, 10/21/2004] Sivits testifies that Frederick says that “he thought he put the detainee in cardiac arrest.” [Rolling Stone, 7/28/2004] When the detainee subsequently collapses, he is checked by a female medic. She says he is “faking.” [Los Angeles Times, 10/21/2004] The seven detainees will continue to be abused into the night and will be forced to form naked human pyramids (see Evening November 7, 2003).

Entity Tags: Jeremy C. Sivits, Matthew Wisdom, Lynndie England, Nori al-Yasseri, Javal Davis, Mustafa, Sabrina Harman, Robert Jones II, Ivan L. Frederick II, Hashiem, Haydar Sabbar Abed, Ahmed, Hussein Mohssein Mata Al-Zayiadi, Charles Graner, Ahzem, Haidar, George R. Fay, New Yorker, Shannon K. Snider

Timeline Tags: Torture of US Captives

Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, Hussein Mohssein Mata al-Zayiadi, and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] They are repeatedly punched and attacked by Staff Sgt. Ivan L. Frederick, Spc. Charles Graner, and other MPs (see Evening November 7, 2003). The MPs then take out their cameras to take pictures of the seven naked men and begin putting them in humiliating poses, often placing themselves in the picture as well, smiling. Graner makes them climb on top of each other to form a human pyramid, as is reported by Spc. Sabrina Harman. [Washington Post, 5/22/2004; Rolling Stone, 7/28/2004] “They put us two on the bottom, two on top of them, and two on top of those and on top,” Al-Zayiadi will say. [Washington Post, 5/21/2004] “The pyramid lasted about 15 to 20 minutes,” according to Harman. [Washington Post, 5/22/2004] The prisoners are also made to crawl on hands and knees with MPs riding on their backs. [Rolling Stone, 7/28/2004] “They were sitting on our backs like riding animals,” Al-Zayiadi says. Meanwhile, others are taking photographs. [Washington Post, 5/21/2004] Frederick then takes hold of the prisoner whom he has singled out for additional punishment and motions him to masturbate. “I grabbed his arm by the elbow, put it on his genitals and moved it back and forth with an arm motion, and he did it.” [Los Angeles Times, 10/21/2004] He makes another detainee do the same. “I lifted his hood and gave him a hand gesture, telling him to keep doing it himself.” [New York Times, 10/21/2004] Spc. Matthew Wisdom, who complained to his team leader Sgt. Robert Jones earlier in the evening about the treatment of the detainees, returns to Tier 1A to find a naked detainee being forced to masturbate in front of another naked detainee on his knees before him. “I saw two naked detainees,” Wisdom will later recall, “one masturbating to another kneeling with its mouth open. I thought I should just get out of there. I didn’t think it was right.” [New Yorker, 5/10/2004] According to Wisdom, Frederick says to him: “Look what these animals do when we leave them alone for two seconds.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Meanwhile, Pfc. Lynndie England makes sexually suggestive comments “in a somewhat sarcastic, fun tone of voice,” according to Wisdom. [Los Angeles Times, 8/5/2004] “I heard Pfc. England shout out, ‘He’s getting hard.’” [New Yorker, 5/10/2004] Again Wisdom leaves the building to tell Sgt. Jones, who assures him the “problem [will] be addressed and dealt with,” [Los Angeles Times, 8/5/2004] and Wisdom assumes that the problem will be taken care of. [New Yorker, 5/10/2004] Others, meanwhile, are lined up and forced to masturbate. These facts are corroborated by photographs that show the MPs laughing as they look on. [Rolling Stone, 7/28/2004] Al-Zayiadi later identifies himself in one of these pictures. “They told my friend to masturbate and told me to masturbate also, while they were taking pictures,” he says. [Washington Post, 5/21/2004] In the end, Al-Zayiadi says they are tossed naked but still hooded into a cell. “They opened the water in the cell and told us to lay face down in the water and we stayed like that until the morning, in the water, naked, without clothes.” [Washington Post, 5/21/2004] One of the seven prisoners is likely Haydar Sabbar Abed who says he was originally arrested for not carrying his ID card. After being involved in a fight with an Iraqi prison employee in one of the tent camps, he is taken to the Hard Site. He later recalls: “They cut off our clothes and… told us to masturbate towards this female soldier. But we didn’t agree to do it, so they beat us.” He also says: “They made us act like dogs, putting leashes around our necks. They’d whistle and we’d have to bark like dogs. We thought they were going to kill us.” [BBC, 8/4/2004] The next day, Wisdom asks for and is granted a transfer to a job elsewhere in the prison. Although he and Sgt. Jones say they have been angered by the abuse, they do little more than mildly confront their colleagues with their objections. [Los Angeles Times, 8/5/2004] To the detainees, the experience has been harrowing. Al-Yasseri will later call it a “night which we felt like 1,000 nights.” “I was trying to kill myself,” says Al-Zayiadi, “but I didn’t have any way of doing it.” [Rolling Stone, 7/28/2004] Gen. George Fay will also describe these incidents in his report (see August 25, 2004), which he concludes was an the affair of MPs alone. He states that military intelligence “involvement in this abuse has not been alleged nor is it likely.” However, one of the pictures taken that night, depicting the “human pyramid,” is later used as a screen saver for a computer in the Hard Site. The screen saver is later seen by a female military intelligence interrogator, but she states, according to Gen. Fay, that she did not report the picture because she did not see it again. The same interrogator, Fay will report, had a “close personal relationship” with Staff Sgt. Frederick, [US Department of Defense, 8/23/2004 pdf file] one of the main instigators of the abuse that night.

Entity Tags: Javal Davis, Ivan L. Frederick II, Jeremy C. Sivits, Matthew Wisdom, Shannon K. Snider, Hussein Mohssein Mata Al-Zayiadi, Lynndie England, Nori al-Yasseri, Mustafa, Haydar Sabbar Abed, George R. Fay, Haidar, New Yorker, Hashiem, Ahmed, Charles Graner, Ahzem, Sabrina Harman, Robert Jones II

Timeline Tags: Torture of US Captives

Lynndie England smiling at pointing at the penis of one of the Abu Ghraib detainees.Lynndie England smiling at pointing at the penis of one of the Abu Ghraib detainees. [Source: Public domain]Seven Iraqi detainees in Abu Ghraib prison have been punched, attacked, and humiliated all evening long on November 7, 2003, by their US captors (see Evening November 7, 2003 and Evening November 7, 2003). This abuse continues into the early morning hours of November 8. Pfc. Lynndie England is photographed pointing at the penises of several of the same seven detainees while Charles Graner and other MPs look on. [Salon, 3/14/2006]

Entity Tags: Ahmed, Nori al-Yasseri, Lynndie England, Mustafa, Haydar Sabbar Abed, Ahzem, Charles Graner, Haidar, Hussein Mohssein Mata Al-Zayiadi, Hashiem, Ivan L. Frederick II

Timeline Tags: Torture of US Captives

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

Entity Tags: Narus, AT&T, BellSouth, Mark Klein, Ori Cohen, Verizon Wireless, National Security Agency, MCI, Sprint/Nextel, William Crowley

Timeline Tags: Civil Liberties

The head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith, and OLC lawyer Robert Delahunty, send a classified memo to the Defense Department. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Geneva Conventions as they apply to the treatment of detainees in US custody. Presumably, the memo is in reference to previous legal advice submitted to Goldsmith by an OLC attorney-adviser regarding Geneva (see October 31, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file; ProPublica, 4/16/2009]

Entity Tags: US Department of Defense, Office of Legal Counsel (DOJ), American Civil Liberties Union, Geneva Conventions, Jack Goldsmith, US Department of Justice, Robert J. Delahunty

Timeline Tags: Civil Liberties

Thomas Pappas.Thomas Pappas. [Source: US Army]The office of Lt. Gen. Ricardo Sanchez formally puts Col. Thomas M. Pappas of 205th Military Intelligence Brigade in charge of cell blocks 1A and 1B in the Abu Ghraib prison. As Gen. Antonio Taguba will note in his February 26, 2004 (see February 26, 2004) report, the order “effectively made an MI Officer, rather than an MP officer, responsible for the MP units conducting detainee operations at that facility. This is not doctrinally sound due to the different missions and agenda assigned to each of these respective specialties.” [New York Times, 5/12/2004; Washington Post, 5/16/2004; New Yorker, 5/17/2004; Newsweek, 5/24/2004] Maj. Gen. Antonio M. Taguba will also note: “[T]he intelligence value of detainees held at… Guantanamo is different than that of the detainees/internees held at Abu Ghraib and other detention facilities in Iraq…. There are a large number of Iraqi criminals held at Abu Ghraib. These are not believed to be international terrorists or members of al-Qaeda.” The report will say also that the order was in conflict with existing military regulations and suggests that Sanchez’s recommendation had influenced the conditions at Abu Ghraib.

Entity Tags: Ricardo S. Sanchez, Antonio M. Taguba, Thomas M. Pappas

Timeline Tags: Torture of US Captives

An Abu Ghraib detainee bleeding after being biting by a dog on December 12, 2003.An Abu Ghraib detainee bleeding after being biting by a dog on December 12, 2003. [Source: Public domain]Dog teams arrive at Abu Ghraib and “almost immediately” are used against the detainees (see November 24, 2003). Gen. George Fay’s investigation (see August 25, 2004) of Abu Ghraib abuses will conclude that, “The use of dogs in interrogations to ‘fear up’ detainees was generally unquestioned.” Most military intelligence personnel apparently believe dogs can be used in interrogations with specific approval from Col. Thomas M. Pappas. [US Department of Defense, 8/23/2004 pdf file] According to Sgt. Michael J. Smith and Sgt. Santos A. Cardona, they are acting under instructions from Col. Thomas M. Pappas when they use unmuzzled dogs to intimidate prisoners. [New York Times, 5/22/2004] And Pappas himself believes, “incorrectly,” Gen. Fay notes, that Lt. Col. Ricardo S. Sanchez has delegated this authority to him. Pappas, concludes Gen. Fay, “[i]mproperly authorized the use of dogs during interrogations.” [US Department of Defense, 8/23/2004 pdf file] Nevertheless, Gen. Fay also believes, “there were early indications that MP and MI [Military Intelligence] personnel knew the use of dog teams in interrogations was abusive.” Only the Army dog teams join in with the abuse. Three Navy dog teams, who arrive simultaneously at Abu Ghraib, refuse to lend their dogs for interrogation purposes. The Navy dog handlers always ask for what specific purpose the dog is required, and when they are told “for interrogation,” they refuse to comply. “Over the next few weeks, the Navy dog teams received about eight similar calls, none of which [are] fulfilled.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Ricardo S. Sanchez, Michael J. Smith, George R. Fay, Santos A. Cardona, Thomas M. Pappas

Timeline Tags: Torture of US Captives

Jack Goldsmith, the new head of the Justice Department’s Office of Legal Counsel (see October 6, 2003), finds himself embroiled in a huge, if secretive, controversy over Justice Department lawyer John Yoo’s torture memos (see January 9, 2002 and January 25, 2002). Yoo, who wrote the original memos over former OLC chief Jay Bybee’s signature, had placed the OLC in the position of asserting that torture can indeed be used against terror suspects. Goldsmith disagrees, feeling that Yoo’s definitions of torture are far too narrow and give far too much latitude to US interrogators. He also believes that Yoo’s assertions of near-unchecked presidential power to authorize torture—at the direct expense of Congressional and judicial oversight—has no legal basis. And, Goldsmith worries, the opinions could be interpreted as a clumsy, “tendentious” attempt to protect Bush officials from criminal charges. The conflict between Goldsmith and Yoo will cost the two men their friendship. “I was basically taking steps to fix the mistakes of a close friend, who I knew would be mad about it,” Goldsmith will recall in 2007. “We don’t talk anymore, and that’s one of the many sad things about my time in government.” Goldsmith decides to withdraw the follow-up March 2003 torture memo, and tells White House officials they cannot rely on it any longer. Actually doing so proves a tricky business. [New York Times Magazine, 9/9/2007]
'Serious, Serious Problems' - Goldsmith will say in September 2007: “As soon as I absorbed the opinions I realized… that my reaction to them was a big problem. The Office of Legal Counsel rarely overturns its prior opinions, and even more rarely does so within an administration, and even more rarely than that, in the same administration about something this important. I didn’t find any precedent for it. And I did not want to do anything to affect either the programs or the underlying opinions. But they were serious, serious problems, and I knew if and when I was asked to stand by them that I would have a very hard time doing so.” [Newsweek, 9/8/2007]
Pressure from Abu Ghraib Scandal - The legal and bureaucratic niceties of withdrawing the memos become moot when, in April 2004, the Abu Ghraib scandal breaks (see Mid-April 2004), and when in June 2004, the first memo is leaked to the media. “After the leak, there was a lot of pressure on me within the administration to stand by the opinion,” he later says, “and the problem was that I had decided six months earlier that I couldn’t stand by the opinion.” [New York Times Magazine, 9/9/2007] “I had determined that the analysis was flawed,” he will recall. “But I hadn’t determined the underlying techniques were illegal. After Abu Ghraib, there was enormous pressure for me to stand by the decisions… and I couldn’t do so. I had already made up my mind many months earlier and I wasn’t about to change it. But I struggled for several days with what the consequences might be of withdrawing the opinion, because I wasn’t in the position to make an independent ruling on the other techniques. I certainly didn’t think they were unlawful, but I couldn’t get an opinion that they were lawful either. So I struggled to repudiate the flawed opinion while not causing massive disruption and fright throughout the counterterrorism world related to interrogation. And I ultimately decided that I had to withdraw those and under suspicions, stand by it, because it was so thoroughly flawed.” [Newsweek, 9/8/2007]
White House Resists Change - Though Goldsmith has the support of his boss, Attorney General John Ashcroft, Ashcroft’s deputy, James Comey, and his own deputy, Patrick Philbin, he knows the White House will fight the withdrawal. Goldsmith will decide to issue the withdrawal and then resign his position (see June 17, 2004), effectively forcing the administration to either quietly accept the withdrawal, or fight it and make his resignation a media circus. “If the story had come out that the US government decided to stick by the controversial opinions that led the head of the Office of Legal Counsel to resign, that would have looked bad,” he later recalls. “The timing was designed to ensure that the decision stuck.” Vice President Dick Cheney’s chief aide, David Addington, among other White House officials, is furious over the withdrawal of the torture opinion (interestingly, White House counsel and future attorney general Alberto Gonzales will modify his own opposition to the withdrawals later, telling Goldsmith in 2007, “I guess those opinions really were as bad as you said”). [New York Times Magazine, 9/9/2007]
Expansion of Presidential Power - Addington asks Goldsmith incredulously, “Why are you trying to give away the president’s power?” Like Cheney, Addington believes, in Goldsmith’s words, “that the very act of asking for Congress’s help would imply, contrary to the White House line, that the president needed legislative approval and could not act on his own. The president’s power would diminish, Addington thought, if Congress declined its support once asked, especially if it tried to restrict presidential power in some way. Congress had balked, during the month after 9/11, at giving the president everything he had asked for in the Congressional authorization to use force and the Patriot Act. Things would only be worse in 2004 and beyond, Addington believed.” Addington’s two questions are always, Goldsmith writes, “‘Do we have the legal power to do it ourselves?’ (meaning on the president’s sole authority), and ‘Might Congress limit our options in ways that jeopardize American lives?’” While Goldsmith and his colleagues agree that the president has the power, and that seeking Congressional approval might tie the White House’s hands more so than the administration is willing to accept, Goldsmith worries that an unfavorable Supreme Court decision would undercut Bush’s authority much more so than any restrictions passed by a compliant, Republican-led Congress. Addington sees things in very simple terms: ”“We’re going to push and push and push until some larger force makes us stop,” Addington says on several occasions. Addington tells Goldsmith, “Now that you’ve withdrawn legal opinions that the president of the United States has been relying on, I need you to go through all of [the OLC terror memos] and let me know which ones you still stand by.” Goldsmith will do just that, further angering Addington. [Savage, 2007, pp. 184; Slate, 9/11/2007]
Absolute Power Required to Defend Nation - Goldsmith later writes: “He and, I presumed, his boss viewed power as the absence of constraint. These men believed that the president would be best equipped to identify and defeat the uncertain, shifting, and lethal new enemy by eliminating all hurdles to the exercise of his power. They had no sense of trading constraint for power. It seemed never to occur to them that it might be possible to increase the president’s strength and effectiveness by accepting small limits on his prerogatives in order to secure more significant support from Congress, the courts, or allies. They believed cooperation and compromise signaled weakness and emboldened the enemies of America and the executive branch. When it came to terrorism, they viewed every encounter outside the innermost core of most trusted advisers as a zero-sum game that if they didn’t win they would necessarily lose.” [Slate, 9/11/2007]

Entity Tags: John Ashcroft, John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), James B. Comey Jr., David S. Addington, Patrick F. Philbin, Alberto R. Gonzales, Bush administration (43), Daniel Levin, Jack Goldsmith, US Department of Justice

Timeline Tags: Civil Liberties

A detainee is attacked by a dog on December 12, 2003.A detainee is attacked by a dog on December 12, 2003. [Source: Public domain]A detainee, who appears to be mentally unstable, is bitten by a dog in the Hard Site at Abu Ghraib. The incident is photographed, and according to the later report (see August 25, 2004) by Gen. George Fay, “appears to be the result of MP harassment and amusement.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay

Timeline Tags: Torture of US Captives

Jack Goldsmith, the embattled head of the Justice Department’s Office of Legal Counsel (OLC) (see October 6, 2003), finds himself again mired in a conflict with Vice President Dick Cheney’s hardline chief aide, David Addington. Goldsmith has already fought with Addington over Goldsmith’s decision to withdraw the OLC’s support for the administration’s memos justifying torture (see December 2003-June 2004). Now Goldsmith and Addington are at odds over the policies governing the detention and trial of suspected terrorists. The spark for this conflict is the January 2004 Supreme Court decision to review the detention of US citizen and suspected “enemy combatant” Yaser Esam Hamdi (see January 9, 2004). Goldsmith suggests going to Congress to have that body pass legislation declaring such detention legal, reasoning that the Supreme Court would be less likely to rule against the administration if Congress had authorized such detention policies. Addington, who like his boss does not accept the idea that Congress has any business interfering in such policy decisions, refuses to countenance the idea, and Goldsmith’s proposal goes nowhere. In June 2004, the Supreme Court approves the detention policies but put modest legal restrictions on the administration’s ability to detain citizens without trial. Goldsmith, this time with deputy solicitor general Paul Clement, again suggests going to Congress; once again, Addington refuses. The White House, Goldsmith later says, continues to operate as if it could avoid any adverse decisions from the Supreme Court. When the Court issues its decision in the Hamdan case (see November 8, 2004), rejecting the administration’s policy of trying terror suspects in military tribunals without Congressional approval, and upholding the preeminence of the Third Geneva Convention in protecting the rights of accused terror detainees—including al-Qaeda suspects—the decision has a shattering effect on the Bush administration’s legal arguments towards detaining and trying those suspects. Goldsmith believes the Court’s decision is “legally erroneous” but has huge political consequences. Now detainees at Guantanamo Bay have more legal rights than ever before, and for the first time, the specter of war-crimes charges against Bush officials becomes a real possibility. Goldsmith later says that it is in these arguments, more than in the battles over domestic wiretapping or interrogation techniques, that Addington’s attempts to expand presidential power actually backfires. Goldsmith is later vindicated when, in September 2006, one of the last acts of the Republican-led Congress will give the administration every power the administration had asked for, authorizing the military commissions that the Court had rejected. The Bush administration could have avoided a damaging Court decision by working with Congress beforehand. “I’m not a civil libertarian, and what I did wasn’t driven by concerns about civil liberties per se,” he says in a 2007 interview. “It was a disagreement about means, not ends, driven by a desire to make sure that the administration’s counterterrorism policies had a firm legal foundation.” [New York Times Magazine, 9/9/2007]

Entity Tags: US Department of Justice, Yaser Esam Hamdi, US Supreme Court, Paul Clement, Al-Qaeda, Bush administration (43), David S. Addington, Jack Goldsmith, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

The Supreme Court accepts the habeas case of Yaser Esam Hamdi. For two years, Hamdi has been in detention and has been barred from seeing an attorney, and all the while not having any information about charges against him or of an upcoming trial. “I didn’t know what was going on. Really, I didn’t know anything,” Hamdi later recalls. “I was just in a big question mark, and I didn’t know any answers to any questions.” [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi, US Supreme Court

Timeline Tags: Torture of US Captives, Civil Liberties

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

Entity Tags: National Security Agency, Narus, Mark Klein, Foreign Intelligence Surveillance Act, AT&T

Timeline Tags: Civil Liberties

Lt. Gen. Ricardo Sanchez orders a high level administrative investigation into the 800th Military Police Brigade apart from the criminal investigation that was announced three days earlier (see January 16, 2004). He appoints Major General Antonio M. Taguba to conduct the inquiry and limits the scope of the investigation to the conduct of the military police brigade. Taguba’s report will be filed on February 26 (see February 26, 2004). [US Department of the Army, 3/9/2004; Sydney Morning Herald, 5/4/2004; New York Times, 5/10/2004] As preparations for investigation are underway, investigators reportedly give the MPs at Abu Ghraib “a week’s notice before inspecting their possessions.” [ [Sources: Several unnamed soldiers] Whether it is an attempt to sabotage the investigation, or a matter of clumsiness on the part of the military leadership or the CID, the result may well be that evidence of abuse is deliberately destroyed. “That shows you how lax they are about discipline. ‘We are going to look for contraband in here, so hint, hint, get rid of the stuff,’ that’s the way things work in the Guard,” MP Ramone Leal will say. [Reuters, 5/6/2004]

Entity Tags: Ramone Leal, Ricardo S. Sanchez, Antonio M. Taguba

Timeline Tags: Torture of US Captives

The FBI’s on-scene commander in Baghdad sends an e-mail to senior FBI officials at FBI headquarters in Washington, discussing the allegations of abuse at Abu Ghraib prison. The e-mail advises the senior officials not to investigate the allegations. “We need to maintain good will and relations with those operating the prison,” it reads. “Our involvement in the investigation of the alleged abuse might harm our liaison.” [American Civil Liberties Union, 2/23/2006]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

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

Entity Tags: Ramzi bin al-Shibh, Khalid Shaikh Mohammed, 9/11 Commission, Abd al-Rahim al-Nashiri, Hambali, Khallad bin Attash

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel (see October 6, 2003), is astonished at the open contempt displayed by White House officials over dealing with Congress and the restraints imposed by the Foreign Intelligence Surveillance Act (FISA). Though Goldsmith agrees with the aims of the administration in battling terrorism, and agrees with the administration that FISA may present undue restraint on conducting terror investigations, he is shocked at the cavalier manner in which the administration ignores the law and the constitutional mandates for Congressional oversight. “We’re one bomb away from getting rid of that obnoxious [FISA] court,” White House aide David Addington tells Goldsmith. Addington, the chief aide to Vice President Dick Cheney, and other Bush officials treat FISA the same way they treated other laws they disdained, Goldsmith later recalls: “They blew through them in secret based on flimsy legal opinions that they guarded closely so no one could question the legal basis for the operations,” he will write in his 2007 book “The Terror Presidency” (see September 9, 2007). [New York Times Magazine, 9/9/2007]

Entity Tags: Jack Goldsmith, Bush administration (43), David S. Addington, Foreign Intelligence Surveillance Act, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Civil Liberties

Spanish judge Baltasar Garzon renews permission to wiretap the phones of Serhane Abdelmajid Fakhet, considered to be one of about three masterminds of the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) that will occur one month later. Interestingly, in the application for renewal, Fakhet is linked to the Casablanca bombings of May 2003 (see May 16, 2003). His brother-in-law Mustapha Maymouni was arrested in Morocco and is being imprisoned there for a role in the bombings at this time (see Late May-June 19, 2003). Fakhet is also linked in the application to Zouhaier ben Mohamed Nagaaoui, a Tunisian believed to be on the Spanish island of Ibiza and preparing for a suicide attack on a ship, following instructions from al-Qaeda. Nagaaoui is also said to be linked to the Casablanca bombings. Further, he has links to a number of Islamist militant groups and had undergone weapons and explosives training. [El Mundo (Madrid), 7/30/2005] Around the same time, Garzon also renews the wiretapping of some other Madrid bombers such as Jamal Zougam. [El Mundo (Madrid), 9/28/2004] It is not known what later becomes of Nagaaoui.

Entity Tags: Serhane Abdelmajid Fakhet, Baltasar Garzon, Mustapha Maymouni, Zouhaier ben Mohamed Nagaaoui, Jamal Zougam

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Colin Powell, Ibn al-Shaykh al-Libi, Central Intelligence Agency, Al-Qaeda, George J. Tenet

Timeline Tags: Torture of US Captives

President Bush gives a rare interview to a television show, NBC’s Meet the Press. Bush holds the interview, conducted by Tim Russert, in the Oval Office. [CNN, 2/9/2004]
Admits Iraq Had No WMD - Bush concedes that Iraq did not possess weapons of mass destruction, but defends his decision to invade it, saying, “Saddam Hussein was dangerous, and I’m not just going to leave him in power and trust a madman.” He admits, “I expected to find the weapons.” He continues, “I’m sitting behind this desk, making a very difficult decision of war and peace, and I based my decision on the best intelligence possible, intelligence that had been gathered over the years, intelligence that not only our analysts thought was valid but analysts from other countries thought were valid.” And Iraq “had the ability to make weapons at the very minimum.” But even without proof of Iraqi WMD, Bush says the stakes were so high that “it is essential that when we see a threat, we deal with those threats before they become imminent.” Inaction in Iraq “would have emboldened Saddam Hussein. He could have developed a nuclear weapon over time.” Bush seems surprised when Russert asks if American soldiers had in fact been welcomed as “liberators” in Iraq, as some in his administration had predicted. “I think we are welcomed in Iraq,” he says. “I’m not exactly sure, given the tone of your questions, we’re not.” Resistance there is not surprising, Bush says, because “there are people who desperately want to stop the advance of freedom and democracy.” [NBC News, 2/8/2004; McClellan, 2008, pp. 202-203]
'War of Choice or War of Necessity?' - Russert continues to ask about the choice to invade Iraq, and at one point asks Bush whether it was a “war of choice or a war of necessity?” Bush responds: “That’s an interesting question. Please elaborate on that a little bit. A war of choice or a war of necessity? It’s a war of necessity. In my judgment, we had no choice, when we look at the intelligence I looked at, that says the man was a threat.” In 2008, current White House press secretary Scott McClellan will write that Bush asks him about the question after the interview, and that Bush was “puzzled” by the question. “This, too, puzzled me,” McClellan will write. “Surely this distinction between a necessary, unavoidable war and a war that the United States could have avoided but chose to wage, was an obvious one that Bush must have thought about a lot in the months before the invasion. Evidently it wasn’t obvious to the president, nor did his national security team make sure it was. He set the policy early on and then his team focused his attention on how to sell it. It strikes me today as an indication of his lack of inquisitiveness and his detrimental resistance to reflection, something his advisers needed to compensate for better than they did. Most objective observers today would say that in 2003 there was no urgent need to address the threat posed by Saddam with a large-scale invasion, and therefore the war was not necessary. But this is a question President Bush seems not to want to grapple with.” [NBC News, 2/8/2004; McClellan, 2008, pp. 202-203]
Bush Says Congress Saw Same Intelligence He Did - Asked whether Congress would have authorized the invasion (see October 10, 2002) if he had explained that, while Iraq may not have possessed WMD, Hussein should be removed because he was a threat to his people, Bush replies, “I went to Congress with the same intelligence Congress saw—the same intelligence I had, and they looked at exactly what I looked at, and they made an informed judgment based upon the information that I had.” Two of Bush’s presidential rivals dispute Bush’s assertion. Senator John Edwards (D-NC) says Bush’s statement that Congress saw the same intelligence information as he did is a “big leap.” Edwards adds: “I’m not certain that’s true. I know the president of the United States receives a different set of information than we receive on the Senate Intelligence Committee, and he receives more information, which he should.” And front-runner Senator John Kerry (D-MA) accuses Bush of backpedaling on the messages he gave Americans to justify going to war. “George Bush needs to take responsibility for his actions and set the record straight,” he says. “That’s the very least that Americans should be able to expect. Either he believed Saddam Hussein had chemical weapons, or he didn’t. Americans need to be able to trust their president, and they deserve the truth.” [New York Times, 2/8/2004; NBC News, 2/8/2004; CNN, 2/9/2004]
Confident of Winning Re-Election - Bush tells Russert that he is confident he will win re-election: “I don’t intend to lose.… I know exactly where I want to lead the country. I have shown the American people I can lead.… I want to lead this world to more peace and freedom.” [New York Times, 2/8/2004; NBC News, 2/8/2004; CNN, 2/9/2004]
Defends Economic Policies - Bush defends his economic policies, and says that even though under his watch the US has run up a $521 billion deficit and lost 2.2 million jobs, his administration’s policies are more restrained and fiscally sound than those of his predecessor. “I have been the president during a time of tremendous stress on our economy and made the decisions necessary to lead that would enhance recovery,” he says. “The stock market started to decline in March of 2000. That was the first sign that things were troubled. The recession started upon my arrival.” Conservative critics of his administration’s spending, including the Heritage Foundation and radio talk show host Rush Limbaugh, are “wrong,” he says. “If you look at the appropriations bills that were passed under my watch, in the last year of President Clinton, discretionary spending was up 15 percent, and ours have steadily declined. The other thing that I think it’s important for people who watch the expenditures side of the equation is to understand we are at war… and any time you commit your troops into harm’s way, they must have the best equipment, the best training, and the best possible pay.” [NBC News, 2/8/2004; CNN, 2/9/2004]

Entity Tags: Saddam Hussein, John Kerry, Scott McClellan, John Edwards, Tim Russert, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

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

Entity Tags: White House, Ibn al-Shaykh al-Libi, Colin Powell, George W. Bush, Central Intelligence Agency

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

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

Entity Tags: Khalid Shaikh Mohammed, Abdul Hakim Murad, 9/11 Commission, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Antonio M. Taguba.Antonio M. Taguba. [Source: US Army]Maj. Gen. Antonio M. Taguba files a 53-page classified report which finds that between October and December of 2003, members of the 372nd Military Police Company and US intelligence community engaged in numerous incidents of “sadistic, blatant, and wanton criminal abuses” against prisoners at the Abu Ghraib prison in Baghdad. As evidence, he cites “detailed witness statements and the discovery of extremely graphic photographic evidence.” The photographs—which are later leaked to the press (see Mid-April 2004), causing an enormous international public outcry—are not included in the report. [US Department of the Army, 3/9/2004; New Yorker, 5/10/2004; New Yorker, 5/17/2004] Taguba also takes issue with the November 5 (see November 5, 2003) Ryder report which concluded that the military police units had not intentionally used inappropriate confinement practices. “Contrary to the findings of MG [Maj. Gen.] Ryder’s report, I find that personnel assigned to the 372nd MP Company, 800th MP Brigade were directed to change facility procedures to ‘set the conditions’ for MI interrogations.” Army intelligence officers, CIA agents, and private contractors “actively requested that MP guards set physical and mental conditions for favorable interrogation of witnesses.” [US Department of the Army, 3/9/2004; New Yorker, 5/10/2004] He presents his report to his commander on March 3 (see March 3, 2004).

Entity Tags: Antonio M. Taguba

Timeline Tags: Torture of US Captives

Jamal Ahmidan is a member of the Islamist militant cell who has arranged to buy the explosives for the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). He is also a drug dealer, and is purchasing the explosives from Emilio Suarez Trashorras and some others who are generally both drug dealers and government informants. His phone is being monitored by Spanish intelligence. On February 28, he calls Othman El Gnaoui, another member of the militant cell, and says that he will need a van to transport something. The next day, Ahmidan is in the Spanish region of Asturias to help pick up the over 100 kilograms of explosives used in the bombings. He drives a stolen white Toyota Corolla and travels with a Renault Kangoo van and a Volkswagen Golf. Trashorras and Mohammed Oulad Akcha (another member of the militant cell) drive the other vehicles. The three vehicles drive the explosives to Madrid in what will later be popularly dubbed the “caravan of death.” Ahmidan makes about 15 calls on his monitored phone during the several hour journey, many of them to El Gnaoui. While he does not explicitly talk on the phone about moving explosives, he does make clear to El Gnaoui that he and two other vehicles are moving something to Madrid. He is stopped for speeding along the way by police, but the trunk of his car is not checked. He gives the police officer a false identification. [El Mundo (Madrid), 8/23/2004]

Entity Tags: Othman El Gnaoui, Jamal Ahmidan, Emilio Suarez Trashorras, Mohammed Oulad Akcha

Timeline Tags: Complete 911 Timeline

The General Accounting Office (GAO) reports on an array of problems with the military’s missile defense system (see March 23, 1983 and January 29, 1991). Its report includes an unclassified list of 50 recommendations for improving the system that originated in a public report produced by the Pentagon in 2000. Instead of acting on the recommendations, the Pentagon declares the list of recommendations “retroactively classified,” thereby forbidding Congressional members from discussing the recommendations in public. House members Henry Waxman (D-CA) and John Tierney (D-MA), who requested the GAO report, send an angry letter to Defense Secretary Rumsfeld calling the decision to classify the recommendations “highly dubious” and “an attempt to stymie public debate through the use of the classification system.” Rumsfeld ignores the protest. [Savage, 2007, pp. 103-104]

Entity Tags: US Department of Defense, Henry A. Waxman, John Tierney, Donald Rumsfeld, General Accounting Office

Timeline Tags: US Military, US International Relations, Civil Liberties

Lawyers meet with accused al-Qaeda terrorist Jose Padilla (see September-October 2000 and May 8, 2002) for the first time. [Associated Press, 6/2004]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

March 8, 2004: Court Denies Al-Marri Appeal

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

Entity Tags: US Supreme Court, Alice Fisher, Al-Qaeda, Mark Berman, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives

Chuck Rosenberg.Chuck Rosenberg. [Source: Associated Press / Charles Dharapak]Vice President Dick Cheney challenges objections to the White House’s secret, warrantless surveillance program (see Early 2002) by Justice Department officials. Cheney makes his objections during a meeting attended by high-level White House and Justice Department officials, but this does not come to light until a 2007 testimony by Deputy Attorney General James Comey (see May 15, 2007). [Washington Post, 6/7/2007] (Comey will step down from his post in mid-2005.) [Law.com, 4/21/2005] The White House meetings take place one day before White House officials journey to Attorney General John Ashcroft’s hospital room to try to force Ashcroft to give his approval for the NSA-managed surveillance program (see March 10-12, 2004). Ashcroft will refuse to give his approval. Cheney’s key role in leading what the Washington Post calls “a fierce internal battle over the legality of the warrantless surveillance program” is not known until Comey’s 2007 testimony. The White House meeting, held to discuss Justice Department objections to the NSA program, is attended by Cheney, White House counsel and future attorney general Alberto Gonzales, Cheney’s chief counsel David Addington, and others. Comey will testify that at the time, eight Justice Department officials are prepared to resign if the White House doesn’t back down on forcing the department to sign off on the program. Those officials include FBI director Robert Mueller, US attorney Chuck Rosenberg of the northern Virginia district, and Office of Legal Counsel head Jack Goldsmith. [Washington Post, 6/7/2007]

Entity Tags: Washington Post, US Department of Justice, Robert S. Mueller III, John Ashcroft, Alberto R. Gonzales, Chuck Rosenberg, David S. Addington, Richard (“Dick”) Cheney, James B. Comey Jr., Jack Goldsmith

Timeline Tags: Civil Liberties

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

Entity Tags: National Security Agency, George W. Bush, Jack Goldsmith, James B. Comey Jr., John Ashcroft, Elizabeth Parker, Janet Ashcroft, Richard (“Dick”) Cheney, John Martin, David Ayres, Alberto R. Gonzales, Andrew Card, US Department of Justice, Charles Schumer, Theodore (“Ted”) Olson, Tony Snow, Robert S. Mueller III, Senate Judiciary Committee, Patrick F. Philbin, Neal Katyal

Timeline Tags: Civil Liberties

The head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith, 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 learn that it clarifies the OLC’s advice on classified foreign intelligence activities. Goldsmith sends another classified memo on the same topic to Deputy Attorney General James Comey the next day, a followup memo to Comey three days later, and a followup to Gonzales the day after that. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: American Civil Liberties Union, Alberto R. Gonzales, US Department of Justice, Office of Legal Counsel (DOJ), James B. Comey Jr., Jack Goldsmith

Timeline Tags: Civil Liberties

At around 7:00 a.m., Luis Garrudo Fernandez, a doorman for an apartment building in the town of Alcala de Henares, near Madrid, see three men behaving strangely near a white Renault Kangoo van parked near the local train station. The next day, he will tell the press, “When I saw them I thought they might be armed robbers or something like that… They were all covered up around their heads and necks, and it wasn’t even cold.” He gets close to one of them who is hurrying off towards the station. “All I could see was that he was wearing a white scarf around his neck and something covering the top of his head. You could only really see his eyes.” The others go to the back of the van and take out three big black rucksacks. Fernandez is unable to determine their ethnicity since he cannot see their faces clearly, but he suspects they are foreigners. Forty minutes later, bombs explode on four trains; the trains had started their journeys at the Alcala station (see 7:37-7:42 a.m., March 11, 2004). Fernandez soon tells a neighbor about the strange men. At 10:50 a.m., the neighbor calls the police. What the police find in the van will be the first lead in determining who is behind the train bombings. Fernandez claims the police soon come and inspect the van.
Immediately Told - He says they immediately tell him that they found bomb detonators and a cassette inside. The cassette contains exhortations from the Koran, but Fernandez will not remember them telling him anything about the cassette having an Arabic link. He is then driven to the police station, and on the way there a policeman tells him that he does not believe ETA, the Basque separatist group, is responsible. That evening at about 7:00 p.m., he is asked to look at a series of photographs of Arab suspects.
Contradictory Claim - However, this claim is later contradicted by a police report. While it is not denied that Fernandez gave the initial tip, the report says the van is not searched until about 3:30 p.m., after it has been moved to a different part of town. Eduardo Blanco, the police chief in Alcala de Henares, will later testify in support of the police report and will say that he is not told until that evening that detonators and an Arab cassette have been found in the vehicle. [Guardian, 3/13/2004; Daily Telegraph, 3/15/2004; Expatica, 7/6/2004; London Times, 7/7/2004] The discrepancy is important in determining just how quickly investigators begin to suspect Islamist militants and not ETA are behind the bombing.

Entity Tags: Luis Garrudo Fernandez, Euzkadi Ta Azkatasuna, Eduardo Blanco

Timeline Tags: Complete 911 Timeline

Multiple bombs destroyed this train in Madrid, Spain.Multiple bombs destroyed this train in Madrid, Spain. [Source: Rafa Roa/ Cover/ Corbis] (click image to enlarge)At about 7:40 a.m., four trains are bombed in Madrid, Spain, killing 191 people and injuring about 1,800 more. These are not suicide bombings, but were set by cell phone timers. Basque separatists are initially blamed, but evidence later points to people loosely associated with al-Qaeda. It will later be reported that 34 out of the 40 main people suspected or arrested for involvement in the bombings were under surveillance in Spain prior to the bombings (see Shortly Before March 11, 2004). Most of the bombers had never been to any training camps. In 2006, Spanish investigators will announce that the bombings were inspired by al-Qaeda, but not ordered or funded by al-Qaeda’s leadership. Specifically, the bombers are said to have been inspired by a speech allegedly given by Osama bin Laden in October 2003 (see October 19, 2003). [New Yorker, 7/26/2004; Associated Press, 3/9/2006] However, there will also be evidence against this that will not be refuted. For instance, the investigators will claim that all the key participants are either dead or in jail, but a number of them remain free overseas. For example, Amer el-Azizi is implicated in the Madrid bombings (see Before March 11, 2004), and he has links to well-known al-Qaeda figures such as Khalid Shaikh Mohammed (see (November 2001)), Ramzi bin al-Shibh (see Before July 8, 2001), and Zacarias Moussaoui (see Before August 16, 2001). In late 2002 or early 2003, el-Azizi is said to have met with Serhane Abdelmajid Fakhet, one of the key bombers, to discuss a bombing. He reportedly gave Fakhet permission to stage a bombing in the name of al-Qaeda, but it is unclear if he gave any funding or other assistance. [Associated Press, 4/10/2004; New Yorker, 7/26/2004] There are suggestions that el-Azizi was protected by Spanish intelligence (see Shortly After November 21, 2001), so the government may not be eager to highlight his involvement. Fakhet, considered one of the three masterminds of the bombings, may have been a government informant (see Shortly After October 2003). Many of the other plotters also appear to have been informants, and almost all the plotters were under surveillance before the bombings (see Shortly Before March 11, 2004). Former counterterrorism “tsar” Richard Clarke will say later in the month: “If we catch [bin Laden] this summer, which I expect, it’s two years too late. Because during those two years when forces were diverted to Iraq… al-Qaeda has metamorphosized into a hydra-headed organization with cells that are operating autonomously like the cells that operated in Madrid recently.” [USA Today, 3/28/2004] It will be noted that the 9/11 terrorist attacks in the US and the Madrid train bombings are separated by a total of 911 days. [MSNBC, 3/19/2004; Bloomberg, 4/22/2005]

Entity Tags: Osama bin Laden, Amer el-Azizi, Al-Qaeda, Richard A. Clarke, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

The white van, impounded in a police parking lot.The white van, impounded in a police parking lot. [Source: Libertad Digital]At 10:50 a.m. on March 11, 2004, Madrid police receive an eyewitness tip pointing them to a white van (see 7:00 a.m., March 11, 2004) left at one of the train stations that had been bombed about three hours earlier (see 7:37-7:42 a.m., March 11, 2004). One investigator will later say: “At the beginning, we didn’t pay too much attention to it. Then we saw that the license plate didn’t correspond to the van.” [New Yorker, 7/26/2004] Police determine that the van was stolen several days before. [El Mundo (Madrid), 4/23/2004] At about 2:00 p.m., police take the van away. Accounts conflict as to whether the van is searched that morning before it is moved or that afternoon after the move (see 7:00 a.m., March 11, 2004). [Guardian, 3/13/2004] Regardless, when it is searched investigators find a plastic bag containing bomb detonators. They also find a cassette tape containing recitations of the Koran. Investigators had immediately suspected ETA, a Basque separatist group, was behind the bombings, and in fact at 1:30 p.m. Spanish Interior Minister Angel Acebes publicly blames ETA for the bombings. But based on the evidence in the van they begin to suspect Islamist militants were behind it instead. [New Yorker, 7/26/2004; Vidino, 2006, pp. 294] That evening, traces of the explosive Goma-2 are also found in the van. This will further point the investigation away from the ETA, since that group has never been known to use that type of explosive (see (8:00 a.m.-Evening) March 11, 2004). [El Mundo (Madrid), 4/23/2004]

Entity Tags: Angel Acebes, Euzkadi Ta Azkatasuna

Timeline Tags: Complete 911 Timeline

Four Madrid trains were bombed on the morning of March 11, 2004 (see 7:37-7:42 a.m., March 11, 2004), and in the evening on the same day, Spanish Prime Minister Jose Maria Aznar calls the editors of Spain’s major newspapers and tells them that ETA, a Basque separatist group, is behind the attacks. In fact, so far there is no evidence suggesting ETA involvement in the bombings. However, investigators have found bomb detonators in a van near the sight of one of the bombings, and the van also has a cassette tape of the Koran in it, suggesting Islamist militants were behind the bombings (see 10:50 a.m.-Afternoon, March 11, 2004). At the same time, Spanish intelligence is wiretapping most of the top ETA leaders, and during the day they intercept calls between leaders expressing shock about the bombings. The bombings also do not fit with ETA’s modus operandi, which is to bomb government targets and avoid civilian casualties. Aznar is aware of all this, and even tells Jose Luis Rodriguez Zapatero, leader of the opposition party, about the van evidence in a phone call that same evening. But Aznar nonetheless insists that “there is no doubt who did the attacks,” and that ETA is to blame. There are nationwide elections scheduled in just three days, and polls show that Aznar’s successor, Mariano Rajoy of the conservative Popular Party, is leading Zapatero of the Socialist party by about five points. ETA has a long history of bombings in Spain, and Aznar himself survived an ETA car bomb in 1995. He has made the elimination of ETA his top priority. In fact, Aznar has planned a series of raids against ETA on March 12 in hopes that will help boost his party’s chances in the elections. If ETA is responsible, it will vindicate Aznar’s campaign against them and presumably boost his party’s chances in the election. [New Yorker, 7/26/2004]

Entity Tags: Mariano Rajoy, Jose Luis Rodriguez Zapatero, Euzkadi Ta Azkatasuna, Jose Maria Aznar

Timeline Tags: Complete 911 Timeline

After senior Justice Department officials object to the possible illegality of the National Security Agency’s secret domestic surveillance program, and refuse to sign off on its continued use, the program is suspended for several months while Justice Department officials conduct a secret audit of the program. Attorney General John Ashcroft will recertify the program at the end of the month (see Late March, 2004). The suspension is prompted by acting Attorney General James Comey’s refusal to approve the program when it comes up for its regular 45-day review, and a subsequent late-night hospital visit by White House officials Andrew Card and Alberto Gonzales to the hospital room of Attorney General John Ashcroft, where they unsuccessfully attempt to pressure Ashcroft, recuperating from surgery, to overrule Comey and approve the program (see March 10-12, 2004). Bush himself has personally reauthorized the program over 30 times since its inception after the 9/11 attacks (see Early 2002), and reauthorizes it himself after Comey and Ashcroft refuse to give it their approval. This reauthorization prompts a threat of mass resignations by Justice Department officials unless the program is brought under increased oversight. Bush will allow the Justice Department to recommend changes to the program, though those changes have never been made public. The Justice Department audits a selection of cases to see how the NSA is running the program, scrutinizing how NSA officials determine that they have probable cause to wiretap US citizens’ phones and e-mail accounts. The results of that audit have not been made public. When the program was first authorized by Bush’s executive order in early 2002, it was so secret that then-Deputy Attorney General Larry Thompson, who was active in most of the government’s most highly classified counterterrorism operations, was not given access to the program. That decision, among other elements of the program, led many Justice Department officials to worry that the program was operating outside of the Constitution and without proper oversight. Comey, Thompson’s successor, was eventually given authorization to take part in the program and to review intelligence data produced by it. Justice Department officials say that Comey takes part in overseeing the reforms that are put into place during the current audit. However, those reforms do not restrict the NSA’s authority to independently choose its eavesdropping targets, and NSA shift supervisors have the authority to decide for themselves whether there is enough evidence against a US citizen to warrant a secret wiretap. No one at the Justice Department or in the White House needs to be consulted before a wiretap is put into place. [New York Times, 12/31/2005]

Entity Tags: US Department of Justice, National Security Agency, Larry D. Thompson, Associated Press, James B. Comey Jr., John Ashcroft, Alberto R. Gonzales, George W. Bush, Andrew Card

Timeline Tags: Civil Liberties

Angel Acebes.Angel Acebes. [Source: Luis Magan / El Pais]At 4:00 p.m. on March 13, 2004, the day before national elections in Spain, Interior Minister Angel Acebes announces on television that Jamal Zougam and two other Moroccans have been arrested for suspected roles in the Madrid train bombings two days before (see 7:37-7:42 a.m., March 11, 2004). A day earlier, evidence found at one of the bomb sites was linked to Zougam (see March 12, 2004), and he had long been monitored for his Islamist militant links (see 2000-Early March 2004). Nonetheless, Acebes continues to suggest that ETA, a Basque separatist group, was behind the bombing instead. The ruling party has staked its reputation on its assertion that ETA is to blame. [New Yorker, 7/26/2004] That evening, the national public television station even changes its regular television programming to show a movie about Basque terrorism. [Australian, 11/2/2007] But by now the opposition Socialist Party is publicly accusing the government of lying about the investigation in order to stay in power. [New Yorker, 7/26/2004] Zougam will later be sentenced to life in prison for his role in the Madrid bombings. [Daily Mail, 11/1/2007]

Entity Tags: Euzkadi Ta Azkatasuna, Angel Acebes, Jamal Zougam

Timeline Tags: Complete 911 Timeline

Youssef Belhadj.Youssef Belhadj. [Source: Public domain]At 7:30 p.m., on March 13, 2004, the night before national elections in Spain, an anonymous phone caller tells a Madrid television station that there is a videotape related to the Madrid train bombings two days earlier (see 7:37-7:42 a.m., March 11, 2004) in a nearby trash can. The video is quickly found. It is not broadcast, but the government releases portions of its text to the media that evening. [Associated Press, 3/13/2004] A man on the tape identifies himself as Abu Dujan al-Afghani, and says he is the military spokesman for the “military wing of Ansar al-Qaeda” (ansar means partisan). [New York Times, 4/12/2004] Dressed in white burial robes and holding a submachine gun, he says: “We declare our responsibility for what happened in Madrid exactly two-and-a-half years after the attacks on New York and Washington. It is a response to your collaboration with the criminals Bush and his allies. This is a response to the crimes that you have caused in the world, and specifically in Iraq and Afghanistan, and there will be more, if God wills it.” [BBC, 3/14/2004; Irujo, 2005, pp. 327-342] Spanish Interior Minister Angel Acebes has been repeatedly blaming ETA, a Basque separatist group, for the bombings (see 10:50 a.m.-Afternoon, March 11, 2004 and March 12, 2004). He holds a press conference shortly after the videotape text is made public and encourages the public to be skeptical about the tape’s authenticity. [Observer, 3/14/2004] But more and more Spaniards doubt the official story. El Mundo, the largest newspaper in Madrid, criticizes “the more than dubious attitude of the government in relation to the lines of investigation.” The BBC publishes a story hours before the election is to begin and notes: “If ETA is to blame it would justify the [ruling Populist Party’s] hard line against the group and separatism in Spain. But if al-Qaeda is to blame, however, it would bring into question Spain’s decision to join the United States and Britain in the war on Iraq, something 90 percent of Spaniards opposed.” [BBC, 3/14/2004] The video actually was made by the bombers. A banner shown in the video is found in a safe house used by the bombers about a month later (see 9:05 p.m., April 3, 2004), suggesting the video was shot there. [New York Times, 4/12/2004] The spokesman will later be revealed to be Youssef Belhadj. Belhadj will be arrested in Belgium in 2005, extradited to Spain, and sentenced to prison for a role in the Madrid bombings. [Irujo, 2005, pp. 327-342; MSNBC, 10/31/2007]

Entity Tags: Euzkadi Ta Azkatasuna, Angel Acebes, Al-Qaeda, Youssef Belhadj

Timeline Tags: Complete 911 Timeline

On March 14, 2004, just three days after the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), Spain holds national elections. The opposition Socialist party wins. The Socialists go from 125 seats to 164 in the 350-seat legislature. The ruling Popular Party falls from 183 seats to 148. As a result, Socialist Jose Luis Rodriguez Zapatero replaces Jose Maria Aznar as Spain’s prime minister. Zapatero had pledged to withdraw Spain’s troops from the war in Iraq. In declaring victory, Zapatero again condemns the war in Iraq and reiterates his pledge to withdraw. He keeps his pledge and withdraws all of Spain’s troops over the next couple of months. [Associated Press, 3/15/2004; New Yorker, 7/26/2004]
Victory for Al-Qaeda? - Some will see this as a strategic victory for al-Qaeda. A treatise written by al-Qaeda leader Yusef al-Ayeri in late 2003 suggested the political utility of bombing Spain in order to force them to withdraw their troops from Iraq (see December 2003). For instance, an editor at the conservative Spanish newspaper ABC will later say, “I doubt whether anyone can seriously suggest that Spain has not acted in a way that suggests appeasement.”
Angry Voters - But Spanish voters may not have voted out of fear of being attacked again because of its Iraq commitment so much as anger at the ruling party for attempting to hide evidence linking the bombing to al-Qaeda and falsely blaming Basque separatists instead (see Evening, March 11, 2004, March 12, 2004, 4:00 p.m., March 13, 2004). [New Yorker, 7/26/2004] For instance, the Guardian will report, “The spectacular gains made by [the Socialist party] were in large part a result of the government’s clumsy attempts at media manipulation following the Madrid bombs on Thursday.… The party had just three days to avoid the charge that it had attracted the bombers by supporting a war that was opposed by 90% of Spaniards.… There would have been a double bonus for the [Popular Party] if they could have successfully deflected the blame onto the Basque terrorist group, ETA. A central plank of the government’s election platform had been that [the Socialists] are ‘soft’ on Basque terrorism.” [Guardian, 3/15/2004]

Entity Tags: Yusef al-Ayeri, Al-Qaeda, Jose Luis Rodriguez Zapatero, Jose Maria Aznar

Timeline Tags: Complete 911 Timeline

The Popular Party led by Spanish Prime Minister Jose Maria Aznar is voted out of power on March 14, 2004 (see March 14, 2004). In December 2004, the incoming prime minister, Jose Luis Rodriguez Zapatero of the Socialist party, will claim that shortly after the election Aznar wiped out all computer records at the prime minister’s office from the period between the Madrid train bombings on March 11 (see 7:37-7:42 a.m., March 11, 2004) and the elections three days later. Zapatero will tell a parliamentary commission: “There was nothing, absolutely nothing… everything had been wiped. There is nothing from March 11 to March 14 in the prime minister’s office.” Only some paper documents remain. During those days, the ruling party strongly asserted that ETA, a Basque separatist group, was behind the bombings, even as investigators quickly uncovered overwhelming evidence that Islamist militants were the real culprits (see Evening, March 11, 2004, March 12, 2004, 4:00 p.m., March 13, 2004). Zapatero will accuse Aznar’s government of having tried to frame ETA for the bombings. “It was massive deceit,” he says. [Guardian, 12/14/2004]

Entity Tags: Euzkadi Ta Azkatasuna, Jose Maria Aznar, Jose Luis Rodriguez Zapatero

Timeline Tags: Complete 911 Timeline

Rafa Zouhier is an informant working for Spain’s Civil Guard. On March 16 and 17, 2004, he speaks to his handler, known by the alias Victor, and gives him vital leads that help break open the investigation into the Madrid train bombings on March 11 (see 7:37-7:42 a.m., March 11, 2004). He mentions that Jamal Ahmidan, alias “El Chino,” was a key member of the bomb plot. [Irujo, 2005, pp. 343-348] Then, according to phone transcripts, on March 17, 2004, he calls Victor again and correctly tells him the exact street where Ahmidan lives. Zouhier gives further details about what Ahmidan looks like, his car, his family, and so on. Seemingly, the police have enough information to find Ahmidan, but they do not attempt to go to his house. Nine days later, they will talk to Ahmidan’s wife and find out that he was there on March 17 and all the next day. Then, on the March 19, Ahmidan goes to the farm house he is renting where the bombs were built, which the police have yet to search (see March 18-26, 2004). After that, he goes to an apartment in the nearby town of Leganes, where most of the rest of the suspects are staying. So if police would have pursued the lead and then trailed Ahmidan, they would have been led to nearly all the main suspects. [El Mundo (Madrid), 7/3/2006] Police will arrest Zouhier on March 19 for not telling them more about the plot, and sooner. [El Mundo (Madrid), 4/9/2007] He will eventually be convicted and sentenced to more than 10 years in prison. [MSNBC, 10/31/2007]

Entity Tags: Jamal Ahmidan, Rafa Zouhier, “Victor”

Timeline Tags: Complete 911 Timeline

Emilio Suarez Trashorras, a police informant, is questioned about the Madrid train bombings that took place one week before (see 7:37-7:42 a.m., March 11, 2004). The previous day, another informant named Rafa Zouhier spoke to police and named Trashorras, Jamal Ahmidan, and others as key figures in the purchase of the explosives used in the bombings (see March 17, 2004). Trashorras and Zouhier allegedly did not tell their handlers about the explosives purchase before the bombings, so they are both arrested and eventually convicted for roles in the bombings (see October 31, 2007). Trashorras confesses much information to the police, including the role of Ahmidan and the fact that the bombs were built in a farm house Ahmidan is renting in the nearby town of Morata. Police already are aware of the house because some of the Madrid bombings suspects were monitored meeting there in 2002 and 2003 (see October 2002-June 2003), but it has not been searched since the bombings. By chance, on March 19, Ahmidan returns to the Morata house and has dinner there with his family. However, police still have not acted on Trashorras’s tip and gone to the house, so they miss Ahmidan. Also on March 19, police publicly announce the arrest of Trashorras, causing Ahmidan to finally go into hiding (see March 19, 2004). He goes to the bombers’ hideout in the town of Leganes, which could have led police to most of the other bombers. Hamid Ahmidan, Jamal Ahmidan’s cousin, answers questions about the house to police on March 21 and reveals that many of the bombers were there just before the bombing. But remarkably, police do not search the house until March 26. By that time, Ahmidan and the other bombers who lived there are no longer there. [El Mundo (Madrid), 2/12/2006; El Mundo (Madrid), 9/18/2006; El Mundo (Madrid), 3/25/2008] Ahmidan and many of the other key bomb suspects allegedly blow themselves up in Leganes in early April (see 9:05 p.m., April 3, 2004).

Entity Tags: Rafa Zouhier, Jamal Ahmidan, Emilio Suarez Trashorras, Hamid Ahmidan

Timeline Tags: Complete 911 Timeline

Mohamed Haddad.Mohamed Haddad. [Source: Public domain]Days after the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), multiple witnesses identify a Moroccan named Mohamed Haddad as one of the bombers. For instance, two witnesses claim to have seen him carrying a backpack on the day of the bombing near one of the bomb sites while in the company of two of the other bombers. Further, Haddad has many links to the other arrested bombers. For instance, he was arrested with two of the other bombers in Turkey in 2000 and then let go (see October 10, 2000). Haddad is arrested in Morocco on March 18, but then is soon released. Strangely, the Moroccan government allows him to continue to live in the Moroccan town of Tetouan, but do not allow him to travel or speak to any journalists. Also, Spanish authorities are not allowed to question him. The Madrid newspaper El Mundo will report on this unusual arrangement in September 2004. In August 2005, El Mundo will report that the situation is essentially unchanged. They will comment, “It has not been explained how the Moroccan police, who had arrested thousands of people for militant ties after the 2003 Casablanca bombings (see May 16, 2003), sometimes on scant evidence, leave a suspect at large who could not even prove where he was on the day of the train bombings.” The newspaper will also note that the Spanish government has not indicted Haddad. The article will conclude by asking, “How can it be a man like Haddad has not yet been charged?” [El Mundo (Madrid), 9/14/2004; El Mundo (Madrid), 8/1/2005] El Mundo will conclude that this “would mean that Haddad was an informer of [Moroccan intelligence] in Spain or that he knows things that the Moroccans do not want the Spaniards to know.” [El Mundo (Madrid), 1/19/2005]

Entity Tags: Mohamed Haddad

Timeline Tags: Complete 911 Timeline

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