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Context of 'March 16, 2001: Southern California US Attorney Announces Resignation'

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Posse Comitatus and Aryan Nations leader James Wickstrom (see 1969, 1975 - 1978, 1984, and 2003) tells a reporter in a videotaped interview: “I’d like to see these Jews all be brought to the VA [Veterans Administration Hospital] and wooden chairs be put down on the lawn. Tie the Jews in. Bring these veterans down who have been mutilated… and give them baseball bats and let them beat these Jews to death! Every one of them! Take these chairs and Jews after they’re beaten to death, throw ‘em in the wood chipper! And from the wood chipper let the remains go into a big incinerary [sic] truck, which is right behind the wood chipper, and give them the holocaust they rightly deserve!” [Southern Poverty Law Center, 2010]

Entity Tags: Aryan Nations, Posse Comitatus, James Wickstrom

Timeline Tags: US Domestic Terrorism

After Deputy Attorney General James Comey announces the naming of special prosecutor Patrick Fitzgerald to head the Plame Wilson CIA identity leak investigation (see December 30, 2003), White House press secretary Scott McClellan is contacted by Ron Roos, the FBI’s deputy counterespionage director, to arrange a time where McClellan can testify before Fitzgerald’s grand jury. This time, Roos says, he would like McClellan to come alone, without a White House lawyer (see October 10, 2003). McClellan’s sister-in-law, a former assistant district attorney, advises him to retain a lawyer, as many of his co-workers have done, but McClellan decides not to do so. Perhaps, he will later write, he was lulled by the almost-perfunctory interview sessions he has already participated in (see Mid-October 2003 and Late October or Early November, 2003). McClellan meets with Roos and other prosecutors for a pre-jury interview. This time, McClellan will recall, the interview is far more adversarial than the first two. Roos asks McClellan why he publicly exonerated Karl Rove (see September 29, 2003) and Lewis Libby (see October 4, 2003), and then asks why McClellan failed to mention in previous interviews that Rove had spoken with columnist Robert Novak. McClellan, later writing that he was “taken aback” by the question, reminds Roos that he had indeed informed them of Rove’s contact with Novak in an earlier interview. Afterwards, McClellan will write, he worries about the FBI’s “initial hard-edged approach.” [McClellan, 2008, pp. 224-225]

Entity Tags: Ron Roos, Bush administration (43), Federal Bureau of Investigation, Karl C. Rove, Scott McClellan, Lewis (“Scooter”) Libby, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), is questioned by Patrick Fitzgerald, the special prosecutor investigating the Plame Wilson leak (see December 30, 2003). Novak has already discussed some of his knowledge of Plame Wilson’s covert CIA status with FBI investigators (see October 7, 2003). As with the FBI session, the Fitzgerald interview takes place at the law offices of Swidler Berlin, the firm representing Novak. Fitzgerald comes to the interview with waivers (see January 2-5, 2004) from Novak’s sources (see January 12, 2004) for his column outing Plame Wilson—White House political strategist Karl Rove and Deputy Secretary of State Richard Armitage (see July 8, 2003), as well as a waiver from CIA official Bill Harlow, who asked Novak not to divulge Plame Wilson’s identity when Novak called him with the information from his other sources that Plame Wilson was a CIA official (see Before July 14, 2003). Novak is uncomfortable in accepting that Fitzgerald’s waivers make it ethically acceptable for him to disclose the three men as his sources, but his lawyer, James Hamilton, says he will almost certainly lose a court challenge as to their propriety. Novak will later write, “I answered questions using the names of Rove, Harlow, and my primary source,” which at the time of his writing had not yet been revealed as Armitage. [Human Events, 7/12/2006] Novak will be questioned again several weeks later (see February 5, 2004).

Entity Tags: Patrick J. Fitzgerald, Bill Harlow, James Hamilton, Karl C. Rove, Robert Novak, Valerie Plame Wilson, Swidler Berlin, Richard Armitage

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

White House political adviser Karl Rove testifies before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). Rove acknowledges discussing Plame Wilson with columnist Robert Novak, who publicly identified her as a CIA agent (see July 14, 2003), but does not tell the jury that he also disclosed her CIA status to Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003). [New York Times, 2006] He tells the grand jury that he indeed confirmed Plame Wilson’s CIA identity for Novak, but he knew very little about her at the time. Rove says that Novak knew more about her than he did, and that he believes he learned more about Plame Wilson and her husband, Joseph Wilson, from Novak than Novak learned from him. Rove tells jurors that he may have learned Plame Wilson’s identity from a journalist or someone else outside the White House, but cannot recall that person’s name or anything about their conversation. [National Journal, 11/12/2005]

Entity Tags: Karl C. Rove, Valerie Plame Wilson, Robert Novak, Bush administration (43), Matthew Cooper

Timeline Tags: Niger Uranium and Plame Outing

US Representative Darrell Issa (R-CA) requests information from the Justice Department about the arrest of an alleged illegal alien smuggler from US Attorney Carol Lam (see November 8, 2002), the federal prosecutor who works the Southern California district. Issa asks for information about Lam’s decision not to prosecute Antonio Amparo-Lopez, who was arrested on suspicion of “alien smuggling” over the US-Mexican border. [US Department of Justice, 3/23/2007 pdf file] Issa was quoted in a December 2003 article in the Riverside, California, Press-Enterprise entitled “Border Agents Face Uphill Fight,” in which the Justice Department was criticized for not prosecuting immigrant smugglers frequently enough. Shortly thereafter, the same newspaper published an article detailing how one such smuggler, Amparo-Lopez, was arrested at a border checkpoint but was subsequently released. Lam will respond to Issa in mid-March, requesting that he direct his inquiries to the Justice Department in Washington. On May 24, Issa will receive a letter from Assistant Attorney General William Moschella, stating, “Based upon all of the facts and circumstances of his arrest, the United States Attorney’s Office declined to prosecute Mr. Amparo-Lopez.” [National Review, 3/28/2007]

Entity Tags: William E. Moschella, US Department of Justice, Darrell E. Issa, Carol C. Lam, Antonio Amparo-Lopez, Riverside Press-Enterprise

Timeline Tags: Civil Liberties

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), is questioned for a second time (see January 14, 2004) by Patrick Fitzgerald, the special prosecutor investigating the Plame Wilson leak (see December 30, 2003). As with the earlier interview, Fitzgerald interviews Novak at the law offices of Swidler Berlin, the firm representing him. In writing about this interview, Novak will not go into the specifics of his interrogation, but will state: “I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.” [Human Events, 7/12/2006]

Entity Tags: Patrick J. Fitzgerald, Swidler Berlin, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Acting Attorney General James Comey, who appointed US Attorney Patrick Fitzgerald as the special counsel in charge of investigating the Plame Wilson identity leak (see December 30, 2003), writes a letter to Fitzgerald confirming that he has “plenary power” in the investigation, and the authority to investigate crimes including “perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.” In essence, Comey is confirming that Fitzgerald has near-unlimited powers of investigation and prosecution, and is not limited to merely filing charges of violation of the Intelligence Identities Protection Act if he determines who leaked Valerie Plame Wilson’s identity to the press. [US Department of Justice, 2/6/2004 pdf file]

Entity Tags: James B. Comey Jr., Patrick J. Fitzgerald, Intelligence Identities Protection Act

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), testifies before the grand jury investigating the Plame Wilson leak. Novak has already spoken to FBI investigators (see December 30, 2003) and to special prosecutor Patrick Fitzgerald (see January 14, 2004 and February 5, 2004), and disclosed the names of his three sources in the leak (see July 8, 2003 and Before July 14, 2003). Of his four appearances, Novak will later write: “I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.” [Human Events, 7/12/2006]

Entity Tags: Federal Bureau of Investigation, Valerie Plame Wilson, Robert Novak, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Renita Linyard, Dennis Mahon, Daniel Mahon, Donald Logan, Office of Diversity and Dialogue, Timothy James McVeigh, Tom Metzger, White Aryan Resistance, Tristan Moreland, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Jacque Bell

Timeline Tags: US Domestic Terrorism

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

Entity Tags: Richard Guthrie, Aryan Republican Army, David Cid, Jayna Davis, Terry Lynn Nichols, Roger E. (“Bob”) Moore, US Department of Justice, Federal Bureau of Investigation, Steven W. Taylor, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

US Attorney Paul Charlton of Arizona (see November 14, 2001) begins conferring with Justice Department officials over his idea to have federal law enforcement agents in his district tape-record interrogations of suspects. Charlton came up through the Arizona state criminal justice system, where tape-recording interrogations is routine, and he believes the practice helps prosecutors win cases. He believes the federal policy against tape-recording interrogations is causing his office to lose cases, and considers that policy antiquated and unresponsive to both crime victims and defendants. He discusses the issue with Deputy Attorney General James Comey during a closed session at a conference in San Diego. Days later, Comey’s chief of staff Chuck Rosenberg tells Charlton that the FBI opposes changing the policy. Charlton later says that that opposition is echoed by Johnny Sutton, who chairs the Attorney General’s Advisory Committee. Charlton continues to push the issue, and in May 2005 Comey establishes a working group, which includes Charlton, to formally consider the issue (see April 28, 2005). Charlton will recall that once Comey leaves the Justice Department and is succeeded by Paul McNulty, the issue no longer moves forward. In December 2005, the working group engages in an email discussion with McNulty’s chief of staff Michael Elston on the merits of the policy, but McNulty remains unconvinced. By the end of 2005, the working group has not reached a consensus. In February 2006, Charlton implements the policy in his district. He believes, he later says, that the fact that his office has federal jurisdiction over 21 Native American reservations in his district makes his situation unique. Tape-recording interrogations will help with the violent crime cases that take place on the reservations, but will not impact other districts because they do not have similar jurisdictions. He will also say that FBI agents have the option not to tape-record interrogations. He informs his office and all special agents in charge of federal agencies in his district of his decision. He does not discuss or seek the approval of senior Justice Department officials before implementing the policy. Charlton will say that most of the law enforcement agencies in Arizona are comfortable with the new policy, but the FBI and DEA complain to McNulty over the policy. McNulty will later recall speaking with FBI Director Robert Mueller, who complains that Charlton’s policy could impact criminal prosecutions in other districts that do not record interrogations. On March 1, McNulty tells Charlton to rescind the policy. Charlton refuses and tells Acting Principal Deputy Associate Attorney General William Mercer that he is willing to resign over the issue. McNulty asks Mercer to work with Charlton. Mercer persuades Charlton to design a pilot project for taping interrogations rather than offer his resignation, and promises that it will receive a positive review. Mercer also informs Charlton that McNulty is upset because Charlton did not clear the procedure with his office before implementing it. Charlton asks for something in writing from McNulty’s office confirming the pilot project, and receives an email from McNulty’s chief of staff Michael Elston that reads: “[McNulty] is very interested in having you submit a proposal to have a pilot program in your district. Such a proposal would receive expeditious consideration. [McNulty] understands this issue and is interested in energizing the department’s consideration of it. You are the best advocate for the proposed policy, and he hopes you will play a significant role in the department’s review and the interagency review process.” McNulty’s staff recommends that McNulty approve the program in August 2006, but McNulty takes no action on it, apparently ignoring repeated pressure from Charlton through Mercer. McNulty will later say he never supported the program, though apparently no one in his office informed Charlton of that fact. McNulty will also later say that he probably discussed the matter with Kyle Sampson, the chief of staff to Attorney General Alberto Gonzales, when discussions of firing US Attorneys came up. However, McNulty will say that he does not consider Charlton insubordinate, and does not view Charlton’s actions as constituting an offense requiring termination. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Paul K. Charlton, James B. Comey Jr., US Department of Justice

Timeline Tags: Civil Liberties

March 5, 2004: Libby Lies to Grand Jury

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

Entity Tags: Robert Grenier, Robert Novak, Walter Pincus, Valerie Plame Wilson, US Department of State, Richard (“Dick”) Cheney, Ron Roos, Peter Zeidenberg, Tim Russert, Marc Grossman, Bureau of Intelligence and Research, David Sanger, John E. McLaughlin, James Risen, Patrick J. Fitzgerald, Kathleen Kedian, Lewis (“Scooter”) Libby, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Michael Battle, the director of the Executive Office for US Attorneys, sends a memo to Kyle Sampson, counsel to Attorney General John Ashcroft, informing him that 16 US Attorneys’ offices are below standards—“underperforming”—in implementing Project Safe Neighborhoods (PSN), a Justice Department initiative to reduce gun violence and prosecute offenders who use guns in the commission of crimes. One of the US Attorneys cited is Carol Lam of the Southern District of California (see November 8, 2002). The memo notes that Lam’s office returned “only 17 firearms indictments” in 2003, and that her office’s PSN indictments and defendants “per criminal work years for FY 2003 is the lowest in the nation.” Subsequent Justice Department analyses of PSN performance continue to identify Lam’s district as needing improvement in firearms prosecutions. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: US Department of Justice, Executive Office for US Attorneys (DOJ), Carol C. Lam, D. Kyle Sampson, Michael A. Battle, Project Safe Neighborhoods

Timeline Tags: Civil Liberties

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

Entity Tags: Sandra H. Elliott, Aryan Republican Army, Brian Hermanson, Michael E. Tigar, Stephen Jones, Timothy James McVeigh, Mark S. Hamm, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Lawyers make their opening statements in the trial of Oklahoma City bombing conspirator Terry Nichols (see March 1, 2004), charged with 161 counts of first-degree murder in the bombing. Nichols is already serving a life sentence from a conviction in federal court (see December 23, 1997). Assistant District Attorney Lou Keel calls Nichols and executed Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) “partners in terror,” and tells of a plethora of evidence joining the two in the conspiracy to destroy the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Lead defense lawyer Brian T. Hermanson says that Nichols was the victim of “manipulation” and “betrayal” by his friend McVeigh. The prosecution seems to be following a similar path as that taken in Nichols’s federal trial, but Nichols’s defense is trying to raise new doubts about others possibly involved in the conspiracy (see March 16, 2004), including questioning the existence and identity of the infamous “John Doe No. 2,” a purported fellow conspirator who was never caught and whom the FBI has said never existed (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995).
Judge Lashes Prosecution for 'Inexcusable Conduct' - Judge Steven Taylor excoriates the prosecution for its “inexcusable conduct” in withholding an impropriety in jury selection, saying that the impropriety might cause a mistrial later in the case. Taylor says the Oklahoma County District Attorney’s office failed to inform the court until the jury was already chosen that among the 12 jurors and six alternates were three relatives of a prosecutor with local roots who had worked on jury selection. “The court cannot imagine why the prosecutors affirmatively chose not to reveal this information during the jury selection,” Taylor says, blaming prosecutor George Burnett for the lapse. Burnett, Taylor says, knew in early March that he was related to three or four people in the 357-member jury pool, but continued to participate in the process of jury selection that included three of his relatives. At that point, Burnett told his fellow prosecutors, but no one told Taylor until March 12, the day after the jury was selected and the process closed. The jurors bear no blame in the matter, Taylor says. He dismissed the three jurors in question, leaving only three alternates. If the jurors should fall below the requisite dozen, he warns, “the trial will not end in a mistrial, it will end in a dismissal with prejudice,” meaning Nichols cannot be retried on the charges. Prosecutors do not respond in court to Taylor’s admonishment, and say nothing to reporters, as Taylor has barred both sides from speaking to reporters about the case. [New York Times, 3/23/2004]

Entity Tags: Lou Keel, Brian Hermanson, George Burnett, Terry Lynn Nichols, Timothy James McVeigh, Steven W. Taylor

Timeline Tags: US Domestic Terrorism

March 24, 2004: Libby Lies to Grand Jury Again

Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath a second time (see March 5, 2004) before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to his later indictment (see October 28, 2005), Libby commits perjury during his testimony. [United States District Court for the District of Columbia, 3/24/2004 pdf file; MSNBC, 2/21/2007; Washington Post, 7/3/2007] There is a certain amount of overlap in the subjects discussed in the two interviews.
Claims to Have Learned Identity from Reporter - Libby tells the jury that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see July 10 or 11, 2003). According to prosecutors’ later filings, Libby says: “Russert asked Libby if Libby was aware that Wilson’s wife worked for the CIA. Libby responded to Russert that he did not know that, and Russert replied that all the reporters knew it.” Russert will deny that he ever said anything of the kind to Libby (see February 7-8, 2007). [United States District Court for the District of Columbia, 3/24/2004 pdf file; Vanity Fair, 4/2006] Libby testifies about a conversation he had with Cheney in the fall of 2003, when he complained that the White House was not making public statements exonerating him of responsibility for the leak (see Late September or Early October, 2003). Asked by prosecutor Patrick Fitzgerald if he had told Cheney about speaking to reporters regarding Plame Wilson, Libby responds: “I think I did. Let me bring you back to that period. I think I did in that there was a conversation I had with the vice president when all this started coming out and it was this issue as to, you now, who spoke to [columnist Robert] Novak (see July 14, 2003). I told the vice—you know, there was—the president said anybody who knows anything should come forward or something like that.… I went to the vice president and said, you know, ‘I was not the person who talked to Novak.’ And he [said] something like, ‘I know that.’ And I said, you know, ‘I learned this from Tim Russert.’ And he sort of tilted his head to the side a little bit and then I may have in that conversation said, ‘I talked to other—I talked to people about it on the weekend.’” Libby is most likely referring to his conversations with reporters Matthew Cooper (see 2:24 p.m. July 12, 2003) and Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003). Fitzgerald asks of the conversation with Cheney, “What did you understand from his gesture or reaction in tilting his head?” Libby replies: “That the Tim Russert part caught his attention. You know, that he—he reacted as if he didn’t know about the Tim Russert thing or he was rehearing it, or reconsidering it, or something like that.… New, new sort of information. Not something he had been thinking about.” Fitzgerald asks: “And did he at any time tell you, ‘Well, you didn’t learn it from Tim Russert, you learned it from me? Back in June you and I talked about the wife working at the CIA?’” Libby responds, “No.” Cheney confirmed Plame Wilson’s CIA status to Libby in June 2003 (see (June 12, 2003)). Fitzgerald asks, “Did he indicate any concern that you had done anything wrong by telling reporters what you had learned?” and Libby again responds, “No.” Libby tells Fitzgerald that he isn’t sure if he mentioned the Cooper and Miller leaks to Cheney. “I did tell him, of course, that we had spoken to the people who he had told us to speak to on the weekend. I think at some point I told him that.” [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 2/19/2007]
Fails to Disclose Leak to Reporter - In neither appearance before the grand jury does Libby disclose that he discussed Plame Wilson’s identity with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Instead, he testifies that he told Miller that he knew Plame Wilson had had some involvement in sending her husband to Niger (see February 21, 2002-March 4, 2002), but did not reveal her as a CIA agent because he was not aware of her CIA status. Libby is lying (see 12:00 p.m. June 11, 2003 and August 6, 2005). Libby also failed to disclose the conversations he had with Miller when he was twice interviewed by FBI agents working on the leak, in October and November 2003. Fitzgerald will not learn of Libby’s failure to disclose the conversations until late 2005, after Miller’s testimony before the court (see October 7, 2005). [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 10/11/2005; National Journal, 10/18/2005]
Libby 'Authorized' to Disclose Classified Information by Bush, Cheney - Libby also tells the grand jury that he had been “authorized” by President Bush, Cheney, and other White House “superiors” in the summer of 2003 to disclose classified information to journalists to defend the Bush administration’s use of prewar intelligence in making the case to go to war with Iraq. According to Libby’s testimony, Cheney authorized him to release classified information, including details of the October 2, 2002 National Intelligence Estimate (NIE—see October 1, 2002), to defend the administration’s use of prewar intelligence in making the case for war; Libby tells the jury that he had received “approval from the president through the vice president” to divulge material from the NIE. He testifies that one portion of the NIE he was authorized to divulge concerned Iraq’s purported efforts to develop nuclear weapons. Libby says that authorization from the president and vice president was “unique in his recollection.” According to court papers filed in regards to his indictment, Libby tells the jury “that he was specifically authorized in advance… to disclose the key judgments of the classified NIE to Miller” because Cheney believed it to be “very important” to do so. Libby adds “that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE.” It was then, he says, that Cheney advised him that Bush authorized the disclosure. Cheney told Libby that he, and not Cheney’s press spokeswoman Cathie Martin, should leak the classified information to the press. At the time of the disclosure, Libby says, he knew that only himself, Bush, and Cheney knew that portions of the NIE had been declassified; other senior Cabinet-level officials were not informed of the decision. Libby adds that an administration lawyer, David Addington, told him that Bush, by authorizing the disclosure of classified information, had in effect declassified that information. Many legal experts will disagree with that assessment. Libby considers Addington an expert on national security law. [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 2/6/2006; National Journal, 4/6/2006]
Libby's Testimony Met with Disbelief - The prosecutors interrogating Libby are incredulous and disbelieving of many of Libby’s claims. They do not believe his contention that he and Cheney never discussed Plame Wilson between July 6 and July 14—the dates of Wilson’s op-ed (see July 6, 2003) and Novak’s outing of Plame Wilson (see July 14, 2003), respectively. (Libby did indeed discuss Plame Wilson with Cheney and other White House officials during that time period—see July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and July 10 or 11, 2003). They do not believe Libby’s claim that he had “forgotten” about knowing Plame Wilson was a CIA official as early as June 2003 (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, and (June 12, 2003)). And they do not believe Libby’s claim that he had merely passed to Cheney a rumor he had heard from reporter Tim Russert about Plame Wilson’s CIA status (see July 10 or 11, 2003). [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 1/12/2007]
Drastic Change in Behavior - Steven Aftergood, a senior analyst with the Federation of American Scientists and an expert on government secrecy and classification issues, says that in disclosing the classified information, Libby “presents himself in this instance and others as being very scrupulous in adhering to the rules. He is not someone carried on by the rush of events. If you take his account before the grand jury on face value, he is cautious and deliberative in his behavior. That is almost the exact opposite as to how he behaves when it comes to disclosing Plame [Wilson]‘s identity. All of a sudden he doesn’t play within the rules. He doesn’t seek authorization. If you believe his account, he almost acts capriciously. You have to ask yourself why his behavior changes so dramatically, if he is telling the truth that this was not authorized and that he did not talk to higher-ups.” [National Journal, 6/14/2006]

Entity Tags: Catherine (“Cathie”) Martin, David S. Addington, George W. Bush, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Steven Aftergood, Matthew Cooper, Tim Russert, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

A courtroom illustration of Matthew Hale listening to instructions from Judge John Moody.A courtroom illustration of Matthew Hale listening to instructions from Judge John Moody. [Source: Verna Sadock / Getty Images]Matthew Hale, the leader of the World Church of the Creator (WCOTC—see May 1996 and After), is convicted of one count of solicitation of murder and three counts of obstruction of justice in regards to his attempt to solicit the murder of a judge (see January 9, 2003). Hale never testified on his own behalf. Defense counsel Thomas Anthony Durkin called no witnesses, saying the prosecution’s evidence was the weakest he had seen in a major case, arguing that Hale was set up by an FBI informant. Durkin says he will appeal, and will prove that prosecutors have been “out to get Hale” because of his suspected involvement in a shooting spree by WCOTC member Benjamin Smith five years ago (see July 2-4, 1999; the jury heard audiotapes of Hale laughing about Smith’s murders and mocking the victims). US Attorney Patrick Fitzgerald, the lead prosecutor in the case, says the trial’s outcome proves “that we will not wait for the trigger to be pulled” before taking action. [Anti-Defamation League, 2005; Associated Press, 4/26/2005]

Entity Tags: Matthew Hale, Benjamin Smith, World Church of the Creator, Thomas Anthony Durkin, Patrick J. Fitzgerald

Timeline Tags: US Domestic Terrorism

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

Entity Tags: Central Intelligence Agency, George J. Tenet

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Kyle Sampson, a counsel for Attorney General John Ashcroft in the US Department of Justice (see 2001-2003), refers to US Attorney David Iglesias of New Mexico (see October 18, 2001) as a “diverse up-and-comer; solid.” [Talking Points Memo, 2011]

Entity Tags: D. Kyle Sampson, US Department of Justice, David C. Iglesias

Timeline Tags: Civil Liberties

The CIA’s inspector general completes a lengthy, secret report on the interrogation of detainees in US custody. The report, based on over 100 interviews, a review of the CIA’s videotapes of interrogations (see November 2005), and some 38,000 pages of documents, will remain secret throughout the Bush administration and into the first year of the Obama administration. Some portions will be made public over the years. The report includes evidence that US interrogators used harsh tactics—torture—against detainees who were not withholding information. Officials familiar with the report will say that it concludes some of the techniques used violate the UN Convention against Torture (see October 21, 1994). According to a declassified summary of the report later made public, the report finds that “it is difficult to determine conclusively whether interrogations have provided information critical to interdicting specific imminent attacks.” The threat of such an imminent attack was cited by the Justice Department in its numerous authorizations of torture. The report prompts CIA general counsel John Rizzo to request new statements from the Justice Department confirming the legality of CIA interrogation methods (see May 10, 2005 and May 30, 2005). [Washington Post, 5/9/2009]

Entity Tags: US Department of Justice, Bush administration (43), Central Intelligence Agency, Obama administration, John Rizzo, Convention Against Torture

Timeline Tags: Torture of US Captives

Vice President Dick Cheney is interviewed in his office by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Cheney is asked if he knows who, if anyone, in the White House might have leaked Plame Wilson’s identity to the press. He is asked about conversations with his senior aides, including his chief of staff, Lewis “Scooter” Libby. He is also asked whether he knows of any concerted effort by White House officials to leak Plame Wilson’s identity. Cheney is not questioned under oath, and has not been asked to testify before the grand jury. He is represented by two lawyers, Terrence O’Donnell and Emmet Flood. [Federal Bureau of Investigation, 5/8/2004 pdf file; New York Times, 6/5/2004]
Cheney Evades, Refuses to Answer Questions - In October 2009, an FBI interview summary regarding Cheney’s testimony will be released (see October 1, 2009). According to the document, Cheney equivocates or refuses to answer 72 times during his interview, either saying he cannot be certain about the information requested, or that he does not know.
Denies Informing Libby about Plame Wilson's CIA Status - One of the most fundamental questions Cheney is asked is about how Libby learned about Plame Wilson’s identity. Libby’s own notes indicate that he learned it from Cheney, and that he had shared his notes with Cheney in late 2003 (see Late September or Early October, 2003), in defiance of instructions from the FBI and the White House counsel’s office not to share information with colleagues (see September 29-30, 2003). But in his testimony, Cheney “cannot recall Scooter Libby telling him how he first heard of Valerie Wilson. It is possible Libby may have learned about Valerie Wilson’s employment from the vice president… but the vice president has no specific recollection of such a conversation.” [Federal Bureau of Investigation, 5/8/2004 pdf file; Associated Press, 11/2/2009] Cheney testifies that contrary to the evidence, he learned of Plame Wilson’s CIA status from Libby, who informed him that a number of reporters had contacted Libby in July 2003 to say that Plame Wilson had been responsible for arranging her husband’s trip to Niger to investigate the Niger uranium claims. Cheney says that the next time he heard about Plame Wilson and her connection to her husband was when he read Robert Novak’s article outing her as a CIA officer (see July 14, 2003). Cheney is lying; he informed Libby of Plame Wilson’s identity (see (June 12, 2003)).
Denies Knowledge of Wilson Trip to Niger - He also denies knowing that Plame Wilson’s husband, war critic and former ambassador Joseph Wilson, was sent to Niger to investigate claims that Iraq was attempting to buy uranium from that country (see (February 13, 2002) and February 21, 2002-March 4, 2002), and says the CIA never briefed him about Wilson’s trip (see March 5, 2002). Future testimony will challenge Cheney’s claims, as witnesses will testify that Cheney, Libby, Deputy National Security Adviser Stephen Hadley, the Defense Department, the State Department, the Defense Intelligence Agency, the Joint Chiefs of Staff, the National Security Council, and President Bush were all given copies of a CIA cable sent to Cheney’s office that debunked the Niger claims (see December 2001, Shortly after February 12, 2002, March 5, 2002, February 12, 2002, March 8, 2002, October 15, 2002, Mid-October 2002, October 18, 2002, January 2003, and March 8, 2003). [Federal Bureau of Investigation, 5/8/2004 pdf file; Truthout (.org), 2/15/2006]
Refuses to Answer about WMD NIE - Prosecutor Patrick Fitzgerald, leading the interview, presses Cheney to discuss evidence that shows he pressured Bush to quickly declassify portions of the October 2002 National Intelligence Estimate on Iraqi WMD (see October 1, 2002) for the purpose of making the case for invading Iraq. Libby provided selected NIE information to New York Times reporter Judith Miller while simultaneously leaking Plame Wilson’s identity to her (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and other reporters. Cheney refuses to confirm that he discussed anything regarding the NIE with Bush, saying that he could not comment on any private or privileged conversations he may have had with the president. Libby has already testified to the declassification of the NIE, telling prosecutors that he talked to Miller following the “president’s approval relayed to me through the vice president.”
Insists Plame Wilson's Identity Never Used to Discredit Husband - Cheney insists that no one in the White House ever talked about leaking Plame Wilson’s CIA status to the press in an attempt to discredit her husband. There was never any discussion, Cheney says, of “pushing back” on Wilson’s credibility by raising the issue of nepotism, the fact that his wife worked for the CIA, the same agency that dispatched him to Niger to run down the report of an agreement to supply uranium to Iraq. In his own testimony, Libby was far less emphatic, saying “[i]t’s possible” he may have discussed the idea with Cheney. Both men lie in their testimony (see March 9, 2003 and After, May 2003, June 3, 2003, June 9, 2003, June 11 or 12, 2003, (June 11, 2003), 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), June 19 or 20, 2003, July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and 7:35 a.m. July 8, 2003). [Federal Bureau of Investigation, 5/8/2004 pdf file; Associated Press, 11/2/2009] Cheney tells prosecutors that he and his office were merely interested in rebutting Wilson’s criticisms of the war effort, and wanted to dispel the notion among some reporters that he had selected Wilson for the Niger trip. In 2006, an attorney close to the case will say: “In his testimony the vice president said that his staff referred media calls about Wilson to the White House press office. He said that was the appropriate venue for responding to statements by Mr. Wilson that he believed were wrong.” [Federal Bureau of Investigation, 5/8/2004 pdf file; Truthout (.org), 2/15/2006] In June 2009, the Department of Justice will reveal that Cheney and Bush had discussed the leak in a “confidential conversation” and “an apparent communication between the vice president and the president.” [Truthout (.org), 7/7/2009]

Entity Tags: Terrence O’Donnell, US Department of State, Valerie Plame Wilson, Stephen J. Hadley, US Department of Defense, Robert Novak, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Emmet Flood, Defense Intelligence Agency, Bush administration (43), Federal Bureau of Investigation, George W. Bush, Joint Chiefs of Staff, National Security Council, Judith Miller, Joseph C. Wilson, Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Niger Uranium and Plame Outing

The New York Times learns that FBI Director Robert Mueller has ordered FBI interrogators to stay out of CIA-led interrogations of suspected al-Qaeda members. Mueller, and many FBI officials, believe the CIA’s interrogation tactics are too brutal and violate domestic and international laws. Mueller and other FBI officials have objected to the use of techniques such as waterboarding, as well as forced starvation, forced drugging, and beatings. FBI officials told Mueller that the techniques would be prohibited in criminal cases. Some CIA officers are worried that public outrage over the recent revelations of prisoner abuse at Baghdad’s Abu Ghraib prison might lead to a closer examination of the agency’s treatment of al-Qaeda prisoners. “Some people involved in this have been concerned for quite a while that eventually there would be a new president, or the mood in the country would change, and they would be held accountable,” one says. “Now that’s happening faster than anybody expected.” [BBC, 5/13/2004] In 2008, a Justice Department investigation (see May 20, 2008) will reveal that sometime in mid-2002, the FBI’s then-assistant director for counterterrorism, Pasquale D’Amuro, ordered FBI agents at Guantanamo to stop participating in interrogations and leave the facility. D’Amuro brought the issue to Mueller’s attention; according to the Justice Department report, D’Amuro “stated that his exact words to Mueller were ‘we don’t do that’ and that someday the FBI would be called to testify and he wanted to be able to say that the FBI did not participate in this type of activity.” D’Amuro was concerned that the use of such aggressive interrogation techniques “failed to take into account an ‘end game.’” The report will continue: “D’Amuro stated that even a military tribunal would require some standard for admissibility of evidence. Obtaining information by way of ‘aggressive’ techniques would not only jeopardize the government’s ability to use the information against the detainees, but also might have a negative impact on the agents’ ability to testify in future proceedings.” Mueller agreed with D’Amuro and issued what became a “bright line rule” barring FBI agents from participating in CIA and military interrogations involving such methods. [Newsweek, 5/20/2008]

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Robert S. Mueller III, Pasquale D’Amuro, US Department of Justice

Timeline Tags: Torture of US Captives

The grand jury investigating the leak of CIA agent Valerie Plame Wilson’s covert identity (see December 30, 2003) subpoenas Time reporter Matthew Cooper and NBC’s Tim Russert, host of “Meet the Press.” Time and NBC both say they will fight the subpoenas (see May 13-20, 2004, June 2004 and August 9, 2004). NBC says the subpoenas could have a “chilling effect” on its ability to report the news. NBC president Neal Shapiro says, “Sources will simply stop speaking with the press if they fear those conversations will become public.” Cooper’s lawyer, Floyd Abrams, says, “Rounding up the Washington press corps doesn’t seem the most likely way to find out about sources.” Time vice president Robin Bierstedt says that the magazine has a strict policy of protecting “its confidential sources.” First Amendment lawyer Devereux Chatillon comments, “Subpoenas to the press at all, much less for confidential sources, are extremely unusual, certainly from the federal government. Without protection for confidential sources, the press cannot report effectively on things like the Abu Ghraib scandal.” [New York Times, 5/23/2003; Washington Post, 5/22/2004; United States Court of Appeals for the District of Columbia Circuit, 12/8/2004 pdf file; Supreme Court of the United States, 5/2005; Washington Post, 7/3/2007]

Entity Tags: Valerie Plame Wilson, Time magazine, Robin Bierstedt, Devereux Chatillon, Tim Russert, Floyd Abrams, NBC News, Matthew Cooper, Neal Shapiro

Timeline Tags: Niger Uranium and Plame Outing

Washington Post reporter Glenn Kessler is interviewed by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Kessler testifies about two conversations he had with Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby; his testimony is not made public. Kessler does not violate any promises to confidential sources, and later says he testified at Libby’s urging. Prosecutors believe that Kessler may have been one of the reporters who was given Plame Wilson’s name by White House officials (see Before July 14, 2003), but Kessler does not name Libby as a source of Plame Wilson’s identity. [Washington Post, 6/25/2004; New York Times, 8/10/2004; Washington Post, 8/10/2004] According to reporter Timothy Phelps, Kessler testifies that Libby never mentioned either Plame Wilson or her husband, Joseph Wilson. [Columbia Journalism Review, 1/1/2006]

Entity Tags: Washington Post, Joseph C. Wilson, Lewis (“Scooter”) Libby, Glenn Kessler, Valerie Plame Wilson, Timothy Phelps

Timeline Tags: Niger Uranium and Plame Outing

Citing personal reasons, CIA Director George Tenet announces he will be stepping down in the next month. President Bush praises Tenet’s service, but there is widespread agreement that significant intelligence failures occurred during his tenure, most strikingly 9/11 itself. Sources also suggest that Tenet, originally a Clinton appointee, has been made a convenient scapegoat for Bush administration intelligence failures in Iraq and elsewhere. [CNN, 6/4/2004; Independent, 6/4/2004] Tenet and the Bush administration are expecting harsh criticism from several reports expected to find serious failures in intelligence gathering and analysis related to the 9/11 attacks. Most damaging is an upcoming Senate Intelligence Committee report expected to single out the CIA for errors in its judgments before the Iraq war (see June-November 2004). Committee chairman Pat Roberts (R-KS) has warned the administration that the report will be so harsh that questions will be raised as to whether senior CIA officials should be held accountable. Tenet will be replaced by Deputy Director John McLaughlin until a replacement is named, and will eventually be replaced by Porter Goss (see September 24, 2004). A friend of Tenet’s, former Deputy Director Richard Kerr, says that Tenet “may have believed that he was hurting the president. He’s an honorable person, and he may have had that as a consideration.” Former Democratic senator David Boren, a close friend and mentor of Tenet’s, says Tenet is not leaving because of criticisms likely to be leveled at either him or the agency: “If criticism either actual or anticipated was a factor, he would have left a long time ago. It’s been months of his desiring to leave.” Bush has asked Tenet to remain in the job several times over the past few months. When Tenet told Bush of his intentions to leave on June 2, Bush asked him to stay through the end of the year. Tenet replied that summer is a natural break point and a good time for him to depart. All the camaraderie and mutual praise between the two men aside, many believe that Tenet is departing in part because he is seen as a possible political liability for Bush. Senator Richard Shelby (R-AL) says, “I don’t think there are any tears over there” in the White House over Tenet’s departure. Former Senator Bob Graham (D-FL) believes that Tenet was in some way pushed to leave. “This president has been enamored of George Tenet, and has been reluctant to hold him or anyone else accountable, and that failure was becoming a bigger and bigger liability,” he says. According to Graham, Bush announces Tenet’s resignation for his own political well-being, “under circumstances where he is at the crime scene as short as possible.” Apparently, senior White House officials such as Vice President Dick Cheney and Secretary of State Colin Powell learn of Tenet’s resignation just a few moments before it is announced to the press. Two Congressmen who knew last night of the resignation were Goss (R-FL) and John Warner (R-VA), the chairmen of the House Intelligence and Senate Armed Services Committees, respectively. [New York Times, 6/4/2004]

Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Richard Shelby, Pat Roberts, Richard Kerr, Porter J. Goss, John E. McLaughlin, George W. Bush, John W. Warner, Bush administration (43), Central Intelligence Agency, Daniel Robert (“Bob”) Graham, David Boren, Colin Powell, George J. Tenet

Timeline Tags: Complete 911 Timeline, Iraq under US Occupation

The New York Times learns that President Bush is retaining the services of lawyer James Sharp to represent him in the Valerie Plame Wilson identity leak case (see December 30, 2003). Sharp has represented numerous high-profile clients, including two key figures in the Nixon Watergate scandal, a senator accused of bribery, and Enron’s Kenneth Lay. Friends and colleagues describe Sharp as “an absolutely superb trial lawyer,” but “a very private guy.” Sharp’s political leanings are unclear, but his donation records show that he has regularly given more money to Democratic candidates than Republican, including contributing to the campaign of Bush’s challenger, Senator John Kerry (D-MA). He has represented both Democrats and Republicans in a variety of court cases. He is a former Navy lawyer with the Judge Advocate General Corps, and has served as a federal prosecutor. [New York Times, 6/5/2004]

Entity Tags: George W. Bush, James Sharp

Timeline Tags: Niger Uranium and Plame Outing

President Bush is interviewed for over an hour as part of the ongoing investigation into the Valerie Plame Wilson identity leak (see December 30, 2003). Bush, who is not sworn in, is interviewed by a team of federal prosecutors led by special counsel Patrick Fitzgerald. His lawyer, James Sharp (whom Bush has nicknamed “Shooter”), is also present during questioning (see June 5, 2004). White House press secretary Scott McClellan refuses to divulge any details of what Bush says to his interviewers, only telling reporters: “The leaking of classified information is a very serious matter. The president directed the White House to cooperate fully with those in charge of the investigation. He was pleased to do his part to help the investigation move forward.” Fitzgerald has already interviewed Vice President Dick Cheney (see May 8, 2004), and has called several current and former White House officials to testify before a grand jury. He has also subpoenaed a number of records, including White House phone logs. McClellan confirms that the interview with Bush and Sharp lasted about 70 minutes; asked if the White House had set a time limit on the interview, he says it would be “wrong to characterize it that way.” Even though Bush does not testify under oath, federal law requires him to be truthful in his statements, and he could be charged with making false statements if prosecutors found he lied or was evasive. [New York Times, 6/25/2004; McClellan, 2008, pp. 228]
Directly Contradicting Cheney - The media will later learn that Bush says he personally directed Cheney to lead a White House effort to counter allegations made by Plame Wilson’s husband, Joseph Wilson, that the White House had manipulated intelligence to make the case for war with Iraq (see March 9, 2003 and After). Bush also admits that he directed Cheney to disclose classified information that would both defend his administration and discredit Wilson. His testimony directly contradicts Cheney’s. Bush says he did not know that Cheney had told his then-chief of staff, Lewis “Scooter” Libby, to covertly leak the classified information to the media instead of releasing it to the public in the usual, overt fashion.
Denies Instructing Subordinates to Leak Plame Wilson Info - He also denies telling anyone to reveal Plame Wilson’s CIA status, and says he does not know who in his administration made her CIA status public knowledge. Libby has testified that neither Bush nor Cheney directed him or any other White House official to leak Plame Wilson’s identity. According to one senior government official, Bush told Cheney to “Get it out,” or “Let’s get this out,” regarding information that administration officials believed would rebut Wilson’s allegations and would discredit him. Another source with direct knowledge of the interview will later say that characterization is consistent with what Bush tells Fitzgerald. Libby told the grand jury that Cheney had told him to “get all the facts out” to defend the administration and besmirch Wilson. [National Journal, 7/3/2006]

Entity Tags: Richard (“Dick”) Cheney, James Sharp, George W. Bush, Joseph C. Wilson, Patrick J. Fitzgerald, Scott McClellan, Lewis (“Scooter”) Libby, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Deputy Attorney General James Comey calls US Attorney Carol Lam over her office’s “underperformance” with regards to firearms prosecutions under the Project Safe Neighborhoods (PSN) initiative (see March 10, 2004). Comey tells Lam that PSN is a high priority for the Justice Department, and “something incredibly important to the attorney general and me, and to the president.” He tells her that he wants her “to really focus on this and make sure you are not missing something.” He acknowledges that different districts handle gun prosecutions differently, depending on the individual state’s gun laws, and notes that he is not calling “just for the sake of getting your [PSN] numbers up.” When asked (see September 29, 2008) if he thought she understood that she needed to get her PSN numbers higher, Comey will say, “I was keen not to convey that directly.” He understands that California has quite restrictive state gun laws, and state prosecutors handle many cases that federal law enforcement officials such as US Attorneys would handle in other states. However, Comey does expect her numbers to increase because he called her about the issue. He does not tell her that a failure to improve her PSN numbers would warrant her termination. Spencer Pryor, a counsel in Comey’s office and a participant in the telephone conversation between Comey and Lam, sends a memo to Kyle Sampson, a lawyer on the staff of Attorney General Alberto Gonzales, summarizing the results of the calls to Lam and other “underperforming” US Attorneys. Pryor notes that Lam acknowledged Comey’s concerns, but stated that her office had received no PSN resources. Pryor notes that Lam is incorrect, that she has received another prosecutor for PSN cases. Lam also says during the call that her district’s PSN case screening process is “broken” and a new system would help boost prosecution numbers. Pryor also notes that state prosecutors handle many firearms cases because of California’s strict gun laws. Pryor concludes that Lam needs more resources to adequately prosecute PSN cases. Lam sends an email to her staff detailing the conversation with Comey, tells them that their district ranks 93rd out of 94 US Attorneys in gun prosecutions (only 20 in the previous year), and that she told Comey that while their numbers will increase in the coming months, he should not expect a “meteoric rise.” She cites California’s gun laws and the “immense” caseload of her office as reasons why their numbers are so low. She tells her staff that she knows Comey wants the PSN numbers to rise. She later says she works with local law enforcement agencies to have them refer any firearms cases to her office where the federal sentence would exceed the state sentence by 24 months. Moreover, she will say, in 2005 and 2006 her office will make concerted efforts to prosecute more firearms cases. However, she will say, those measures are “a solution in search of a problem,” and her office will get few referrals. [US House of Representatives, Committee of the Judiciary, 4/13/2007 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: D. Kyle Sampson, Carol C. Lam, Spencer Pryor, Alberto R. Gonzales, James B. Comey Jr., US Department of Justice

Timeline Tags: Civil Liberties

Pat Roberts during a July 9, 2004 interview on PBS.Pat Roberts during a July 9, 2004 interview on PBS. [Source: PBS]The Senate Intelligence Committee releases the 511-page Senate Report on Iraqi WMD intelligence, formally titled the “Report of the Select Committee on Intelligence on the US Intelligence Community’s Prewar Intelligence Assessments on Iraq.” [US Congress, 7/7/2004; CNN, 7/9/2004] All nine Republicans and eight Democrats signed off on the report without dissent, which, as reporter Murray Waas will write, is “a rarity for any such report in Washington, especially during an election year.” [National Journal, 10/27/2005]
Report Redacted by White House - About 20 percent of the report was redacted by the White House before its release, over the objections of both Republicans and Democrats on the committee. Some of the redactions include caveats and warnings about the reliability of key CIA informants, one code-named “Red River” and another code-named “Curveball” (see Mid- and Late 2001). The source called “Red River” failed polygraph tests given to him by CIA officers to assess his reliability, but portions of the report detailing these and other caveats were redacted at the behest of Bush administration officials. [New York Times, 7/12/2004; New York Times, 7/18/2004]
Widespread Failures of US Intelligence - The report identifies multiple, widespread failures by the US intelligence community in its gathering and analysis of intelligence about Iraq WMD, which led to gross misunderstandings and misrepresentations about Iraq’s WMD programs to the American public by government officials. Committee chairman Pat Roberts (R-KS), who has previously attempted to shift blame for the intelligence misrepresentations away from the Bush administration and onto the CIA (see July 11, 2003 and After), says that intelligence used to support the invasion of Iraq was based on assessments that were “unreasonable and largely unsupported by the available intelligence.” He continues: “Before the war, the US intelligence community told the president as well as the Congress and the public that Saddam Hussein had stockpiles of chemical and biological weapons and if left unchecked would probably have a nuclear weapon during this decade. Today we know these assessments were wrong.” Senator John D. Rockefeller (D-WV), the ranking Democrat on the 18-member panel that created the report, says “bad information” was used to bolster the case for war. “We in Congress would not have authorized that war with 75 votes if we knew what we know now,” he says (see October 10, 2002). “Leading up to September 11, our government didn’t connect the dots. In Iraq, we are even more culpable because the dots themselves never existed.” Numerous assertions in an October 2002 National Intelligence Estimate (NIE—see October 1, 2002) were “overstated” or “not supported by the raw intelligence reporting,” including:
bullet Claims that Iraq was rebuilding its nuclear weapons program;
bullet Claims that Iraq had large stockpiles of chemical and biological weapons;
bullet Claims that Iraq was developing an unmanned aerial vehicle that could be used to deliver chemical and/or biological weapons payloads onto distant targets;
bullet The so-called “layering effect,” where “assessments were based on previous judgments, without considering the uncertainties of those judgments” (Roberts calls it an “assumption train”);
bullet The failure to explain adequately the uncertainties in the October 2002 NIE to White House officials and Congressional lawmakers;
bullet Reliance on claims by “Curveball,” noting that the use of those claims “demonstrated serious lapses in handling such an important source”;
bullet Use of “overstated, misleading, or incorrect” information in helping then-Secretary of State Colin Powell present the administration’s case to the United Nations in February 2003 (see February 5, 2003); and
bullet The failure of the CIA to share significant intelligence with other agencies. [CNN, 7/9/2004; Cybercast News Service, 7/9/2004; New York Times, 7/9/2004]
“One fact is now clear,” Roberts says. “Before the war, the US intelligence community told the president as well as the Congress and the public that Saddam Hussein had stockpiles of chemical and biological weapons, and if left unchecked, would probably have a nuclear weapon during this decade. Well, today we know these assessments were wrong.” [Cybercast News Service, 7/9/2004; New York Times, 7/9/2004] Rockefeller says the intelligence community failed to “accurately or adequately explain the uncertainties behind the judgments in the October 2002 National Intelligence Estimate to policymakers.” The community’s “intelligence failures” will haunt America’s national security “for generations to come,” he says. “Our credibility is diminished. Our standing in the world has never been lower,” he says. “We have fostered a deep hatred of Americans in the Muslim world, and that will grow. As a direct consequence, our nation is more vulnerable today than ever before.” [CNN, 7/9/2004; New York Times, 7/9/2004]
'Group Think' and 'Corporate Culture' - Roberts says the report finds that the “flawed” information used to send the nation to war was the result of “what we call a collective group think, which led analysts and collectors and managers to presume that Iraq had active and growing WMD programs.” He says this “group think caused the community to interpret ambiguous evidence, such as the procurement of dual-use technology, as conclusive evidence of the existence of WMD programs.” Roberts blames “group think” and a “broken corporate culture and poor management,” which “cannot be solved by simply adding funding and also personnel.” [CNN, 7/9/2004; New York Times, 7/9/2004]
Lack of Human Intelligence in Iraq - Perhaps the most troubling finding, Roberts says, is the intelligence community’s near-total lack of human intelligence in Iraq. “Most alarmingly, after 1998 and the exit of the UN inspectors, the CIA had no human intelligence sources inside Iraq who were collecting against the WMD target,” he says. [CNN, 7/9/2004; New York Times, 7/9/2004]
No Connection between Iraq, al-Qaeda - Rockefeller says that the administration’s claims of an alliance between Iraq’s Saddam Hussein and al-Qaeda had no basis in fact: “[N]o evidence existed of Iraq’s complicity or assistance in al-Qaeda’s terrorist attacks, including 9/11.” The report says that intelligence claims of connections between Iraq and some terrorist activities were accurate, though the contacts between al-Qaeda and Iraq from the 1990s “did not add up to an established formal relationship.” [CNN, 7/9/2004; New York Times, 7/9/2004]
Divided Opinion on Pressure from Bush Administration - Republicans and Democrats on the committee differ as to whether they believe the CIA and other intelligence agencies groomed or distorted their findings as a result of political pressure from the White House. “The committee found no evidence that the intelligence community’s mischaracterization or exaggeration of intelligence on Iraq’s weapons of mass destruction capabilities was the result of politics or pressure,” Roberts says. However, Rockefeller notes that the report fails to explain fully the pressures on the intelligence community “when the most senior officials in the Bush administration had already forcefully and repeatedly stated their conclusions publicly. It was clear to all of us in this room who were watching that—and to many others—that they had made up their mind that they were going to go to war.” The analysts were subjected to a “cascade of ominous statements,” Rockefeller says, that may have pushed them to slant their analyses in the direction the White House indicated it wanted. The report finds that Vice President Dick Cheney and others who repeatedly visited intelligence agencies (see 2002-Early 2003) pressured intelligence analysts or officials to present particular findings or change their views. However, the report notes repeated instances of analysts exaggerating what they knew, and leaving out, glossing over, or omitting dissenting views. According to the report, the intelligence community released a misleading public version of the October 2002 NIE (see October 4, 2002) that eliminated caveats and dissenting opinions, thus misrepresenting “their judgments to the public which did not have access to the classified National Intelligence Estimate containing the more carefully worded assessments.” [CNN, 7/9/2004; New York Times, 7/9/2004; Cybercast News Service, 7/9/2004] In an interview the evening after the report’s release, Rockefeller is asked if the report documents “a failure of a system or is this a failure of a bunch of individuals who just did their jobs poorly?” Rockefeller responds: “This is a failure of a system.… It is not fair to simply dump all of this on the Central Intelligence Agency. The Central Intelligence Agency does not make the decision, and [former Director] George Tenet does not make the decision to go to war. That decision is made at the other end of Pennsylvania Avenue.… So we went to war under false pretenses, and I think that is a very serious subject for Americans to think about for our future.” Asked “if the president had known then what he knows now, he would have still taken us to war?” Rockefeller answers: “I can’t answer that question. I just ask—the question I ask is, why isn’t he, and maybe he is, why isn’t he as angry about his decision, so to speak his vote on this, as I am about mine?” [PBS, 7/9/2004]
Supporting the Claim of Iraq's Attempt to Purchase Nigerien Uranium - The report states flatly that senior CIA case officer Valerie Plame Wilson made the decision to send her husband, former ambassador Joseph Wilson, to Niger to investigate false claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). The CIA has demonstrated that Plame Wilson did not make that decision (see February 19, 2002). However, as well as claiming that Plame Wilson sent Wilson to Niger, it claims that Wilson’s report, far from disproving the assertion of an attempt by Iraq to purchase uranium, actually bolstered that assertion. The report states that the question of Iraq’s attempt to buy Nigerien uranium remains “open.” It also says Wilson lied to the Washington Post in June 2004 by claiming that the documents used to support the claim were forgeries (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). “Committee staff asked how the former ambassador could have come to the conclusion that the ‘dates were wrong and the names were wrong’ when he had never seen the CIA reports and had no knowledge of what names and dates were in the reports,” the report states. Wilson told committee members he may have been confused and may have “misspoken” to some reporters (see May 2, 2004). The committee did not examine the documents themselves. [Washington Post, 7/10/2009] The committee made similar claims a year before (see June 11, 2003 and July 11, 2003 and After). Progressive reporter and columnist Joshua Micah Marshall disputes the report’s claim that Wilson’s trip to Niger actually helped prove the assertion that Iraq tried to buy Nigerien uranium. The intelligence reports making the assertion are “fruits of the same poison tree” that produced so many other false and misleading claims, Marshall writes, and were based on the assumption that the forged documents were genuine. [Joshua Micah Marshall, 7/10/2004] In 2007, Plame Wilson will write, “What was missing from the [committee] report was just as telling as the distortions it contained. The ‘Additional Views’ section… had concluded” that she was responsible for sending Wilson to Niger. Yet that was contradicted by a senior CIA official over a year before. Plame Wilson will call the “Additional Views” section “a political smear if there ever was one,” crammed with “distortions and outright lies. Yet it continues to be cited today by Joe’s critics as proof of his lack of credibility.” The Wilsons learn months later that committee Democrats decided not to fight against the attacks on Wilson’s integrity; according to one of the senior Democratic senators on the panel, there was simply too much “incoming” from the Republicans for them to fight every issue. There were “far too many serious substantial disputes” that needed solving, and the Democrats chose to allow the attacks on Wilson to proceed without comment. [Wilson, 2007, pp. 187-190]
Portion of the Report Delayed - Roberts and other Republican majority committee members were successful in blocking Democrats’ attempts to complete the second portion of the report, which delineates the Bush administration’s use of the intelligence findings. That report will not be released until after the November 2004 presidential election. Rockefeller says he feels “genuine frustration… that virtually everything that has to do with the administration” has been “relegated to phase two” and will be discussed at another time. The second part of the committee’s investigation will focus on the “interaction or the pressure or the shaping of intelligence” by the Bush administration, Rockefeller says. “It was clear to all of us that the Bush administration had made up its mind to go to war,” he says, and he believes that such a “predetermination” influenced the intelligence community. Representative Jane Harman (D-CA), the ranking member of the House Intelligence Committee, says she hopes a similar House investigation would address some of those issues. However, she notes, she has been stymied by House Republicans in even launching that investigation. “There has not been the cooperation that there apparently has been on the Senate side,” she says. She has just now managed to wangle a meeting with House Intelligence Committee chairman Porter Goss (R-FL), who is being touted as the next director of the CIA (see September 24, 2004). Harman says, “I would hope we could address [the issues] factually and on a bipartisan basis, but at the moment I don’t have a lot of confidence in it.” [CNN, 7/9/2004; Cybercast News Service, 7/9/2004] Roberts’s spokeswoman Sarah Little later says that the committee has not yet decided whether the second portion of the report will be fully classified, declassified, or even if it will hold hearings. [National Journal, 10/27/2005]
Cheney, Roberts Colluded in Interfering with Report - Over a year later, the media will find that Roberts allowed Cheney and members of his staff to interfere with the committee’s investigation and dramatically limit its scope (see October 27, 2005). Rockefeller will say that he made three separate requests for White House documents during the committee’s investigation, but never received the documents he asked for. “The fact is,” Rockefeller will say, “that throughout the Iraq investigation any line of questioning that brought us too close to the White House was thwarted.” Rockefeller’s spokesperson, Wendy Morigi, will say that Rockefeller will “sadly come to the conclusion that the Intelligence Committee is not capable of doing the job of investigating the fundamental question as to whether the administration has misused intelligence to go to war.” [National Journal, 10/30/2005] Plame Wilson will write: “In the coming months, many reliable sources told us that before the report was issued, there was considerable collusion between the vice president’s office and… Roberts on how to craft the report and its content. So much for checks and balances and the separation of powers.” [Wilson, 2007, pp. 192]

Entity Tags: Joshua Micah Marshall, Pat Roberts, Murray Waas, Richard (“Dick”) Cheney, Valerie Plame Wilson, Porter J. Goss, Joseph C. Wilson, Senate Intelligence Committee, John D. Rockefeller, Central Intelligence Agency, House Intelligence Committee, ’Curveball’, Jane Harman, Bush administration (43), Al-Qaeda, Colin Powell, Wendy Morigi, Sarah Little, George J. Tenet

Timeline Tags: Events Leading to Iraq Invasion

Margaret Chiara, the US Attorney for the Western District of Michigan (see November 2, 2001), undergoes her first Evaluation and Review Staff (EARS) performance evaluation, as mandated by the Justice Department. The evaluation is generally positive, finding that Chiara is “a well regarded, hard-working, and capable leader who had the respect and confidence of the judiciary, the agencies, and USAO [US Attorney’s Office] personnel.” However, the evaluation finds “discontent within the criminal division” in Chiara’s office, based on the perceptions of some of her Assistant US Attorneys that some people are being rewarded for hard work more than others. A later draft report notes that “[m]any AUSAs reported to evaluators [concerns about] the number and size of awards given to other AUSAs during the last 12 months. This information was found by evaluators to be generally inaccurate.” [US Department of Justice, Office of the Inspector General, 9/29/2008] A subsequent EARS report, issued in June 2005, praises Chiara and her office for “effectively” implementing the department’s national priorities, and notes how effectively the office has worked in “dismantling and disrupt[ing] drug organizations” in Chiara’s district. It also notes a significant increase in firearms cases being referred to state and local authorities. Chiara has a “firm grasp on [the district’s] unique crime problems and issues,” the report notes, singling out her deft handling of “violent crimes in Indian Country.” And it praises the “management principles applied in your district,” resulting in “high quality work from your personnel.” [US House of Representatives, Committee on the Judiciary, 5/21/2007]

Entity Tags: US Department of Justice, Margaret M. Chiara

Timeline Tags: Civil Liberties

US Representative Darrell Issa (R-CA) and 13 other representatives sign a letter to Attorney General John Ashcroft protesting the Justice Department’s policy towards prosecuting “alien smugglers,” or “coyotes,” who bring illegal immigrants across the US-Mexican border. Issa, who wrote the letter, says that the DOJ should adopt a “zero-tolerance” policy towards “alien smuggling” and should prosecute everyone accused of such a crime. Issa refers to decisions by US Attorney Carol Lam of the District of Southern California (see November 8, 2002) not to prosecute persons charged with the crime of “alien smuggling,” and references the case of Antonio Amparo-Lopez as an example of a “missed opportunity” to prosecute such an alleged criminal (see February 2, 2004). Issa writes: “It is unfortunate and unacceptable that anyone in the Department of Justice would deem alien smuggling, on any level or by any person, too low of a priority to warrant prosecution in a timely fashion. In our view, a lack of available resources for prosecution is not a valid reason for a decision not to prosecute and, in fact, would signify a mismanagement of your department’s priorities.” [US Department of Justice, 3/23/2007 pdf file] Issa represents California’s 49th District, which centers on San Diego and is part of Lam’s federal district. [Healthy City, 8/2011 pdf file] Assistant Attorney General William Moschella will send Issa a brief reply defending the Justice Department’s prosecution practices (see (December 30, 2004)). Issa’s spokesperson Frederick Hill will later tell columnist Byron York: “We were stumped in terms of getting information to explain the scope of the problem. We put the word out on the street that we were interested in getting more information about this.” York later writes, “Issa was hoping for a tip—perhaps from someone inside a law-enforcement organization—to give him the information he had been seeking.” [National Review, 3/28/2007]

Entity Tags: Frederick Hill, Antonio Amparo-Lopez, Byron York, Darrell E. Issa, William E. Moschella, Carol C. Lam, John Ashcroft, US Department of Justice

Timeline Tags: Civil Liberties

NBC reporter Tim Russert, host of its flagship Sunday morning political talk show Meet the Press, testifies to FBI investigators probing the Valerie Plame Wilson identity leak (see December 30, 2003). He is deposed under oath and is audiotaped, but is not compelled to testify directly to the grand jury investigating the leak. According to an NBC statement, Russert is interviewed under oath, and testifies that he was the recipient of a leak; NBC will later claim that the interview was allowed as part of an agreement to avoid a protracted court fight. Russert is not asked to disclose a confidential source. “The questioning focused on what Russert said when Lewis (Scooter) Libby, Vice President Dick Cheney’s chief of staff, phoned him last summer” (see July 10 or 11, 2003), the statement reads. “Russert told the special prosecutor that at the time of the conversation he didn’t know Plame’s name or that she was a CIA operative and did not provide that information to Libby.” [Office of Special Counsel, 7/27/2004 pdf file; New York Times, 8/10/2004; Associated Press, 8/11/2004] Neither did Libby disclose Plame Wilson’s identity to him, Russert testifies. Russert and NBC News initially resisted the subpoena on First Amendment grounds, but relented after prosecutor Patrick Fitzgerald agreed not to compel Russert to appear before the grand jury, or to disclose confidential sources or information. [Washington Post, 8/10/2004] Russert has already talked informally with John Eckenrode, the FBI investigator overseeing the day-to-day investigation duties (see November 24, 2003). He told Eckenrode that Libby’s claim of learning Plame Wilson’s identity from him was false, and that he and Libby never discussed Plame Wilson at all. [National Journal, 2/15/2007] Libby’s claim that he learned of Plame Wilson’s identity from Russert will lead to perjury charges (see October 28, 2005).

Entity Tags: Valerie Plame Wilson, NBC News, Lewis (“Scooter”) Libby, John Eckenrode, Federal Bureau of Investigation, Patrick J. Fitzgerald, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Washington Post reporter Walter Pincus is subpoenaed by the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). Pincus has written that a Post reporter received information about Plame Wilson from a Bush administration official. The Post says it intends to fight the subpoena (see August 20, 2004). [New York Times, 8/10/2004; Washington Post, 8/10/2004] Pincus later reflects that he had dodged attempts by the FBI to interview him about Plame Wilson, and believed that the Bush official who had informed him of her identity had not broken any laws. “I thought it was damage control,” he will later say. “My source had been trying to get me to stop writing about Joe Wilson [Plame Wilson’s husband]. I believed that the Democrats were too wound up thinking that a crime had been committed.” [Vanity Fair, 4/2006]

Entity Tags: Valerie Plame Wilson, Bush administration (43), Federal Bureau of Investigation, Walter Pincus, Washington Post

Timeline Tags: Niger Uranium and Plame Outing

The grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see December 30, 2003) subpoenas New York Times reporter Judith Miller to testify. The Times says it will fight the subpoena. [US District Court for the District of Columbia, 8/12/2004 pdf file; Washington Post, 7/3/2007]
Unusual Negotiations between Lawyers - The subpoena will open a lengthy and sometimes puzzling set of negotiations between lawyers for Miller and her source, White House aide Lewis “Scooter” Libby. Miller refuses to divulge the identity of her source or the contents of their conversations (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). But she sends her lawyer, Floyd Abrams, to talk to Libby’s lawyer, Joseph Tate, to see if Libby will approve of her testimony. According to Abrams and others involved in the negotiations, Tate initially tells Abrams that Miller is free to testify. However, Abrams will say, Tate says that Libby never told Miller the name or the undercover status of Plame Wilson. This raises a conflict for Miller: her notes clearly indicate that she was told three times about Plame Wilson’s identity. If she testifies, she will contradict Libby’s own accounts of their conversations.
Libby Attempting to Influence Miller? - Miller decides that Libby is sending her a signal not to testify. She will later recalls Abrams’s recounting of his conversation with Tate: “He was pressing about what you would say. When I wouldn’t give him an assurance that you would exonerate Libby, if you were to cooperate, he then immediately gave me this, ‘Don’t go there, or, we don’t want you there.’” Abrams himself will recall: “On more than one occasion, Mr. Tate asked me for a recitation of what Ms. Miller would say. I did not provide one.” (Tate will angrily dispute both Abrams’s and Miller’s recollections, saying: “I never once suggested that she should not testify. It was just the opposite. I told Mr. Abrams that the waiver was voluntary.… ‘Don’t go there’ or ‘We don’t want you there’ is not something I said, would say, or ever implied or suggested.”) Miller’s executive editor, Bill Keller, will later say that Miller believed Libby feared her testimony. “Judy believed Libby was afraid of her testimony,” he will recall. “She thought Libby had reason to be afraid of her testimony.” Because of these reasons, Miller will decide not to further pursue the idea of a waiver from Libby that would allow her to testify about their conversations. For over a year, the two sides do not speak to one another. “I interpreted the silence as, ‘Don’t testify,’” Miller will later say. Tate will counter that he never understood why Miller or Abrams wanted to discuss the matter further. [New York Times, 10/16/2005]
McClellan: Fighting to Protect Partisan Government Leakers - In 2008, one-time White House press secretary Scott McClellan will write of Miller and fellow journalist Matthew Cooper, also battling a subpoena (see August 9, 2004): “Of course, there was a curious twist to the defense used by Cooper and Miller. By refusing to divulge the names of their sources in the leak case, the two reporters were not protecting courageous whistle-blowers revealing government wrongdoing in the public interest. Rather, they were shielding government officials whom administration critics believed had used leaks as weapons of partisan warfare. It was hard for some in the public, and especially those critical of the administration, to see this as an act of journalism.… This episode… seemed to confirm for at least some administration critics that reporters were no longer heroic figures, but were now participating in the same partisan warfare they created.” [McClellan, 2008, pp. 256]

Entity Tags: Matthew Cooper, Floyd Abrams, Bush administration (43), Bill Keller, Joseph Tate, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Judith Miller, Scott McClellan, New York Times

Timeline Tags: Niger Uranium and Plame Outing

Representative Heather Wilson (R-NM) writes a letter to US Attorney David Iglesias complaining about what she considers to be evidence of possible voter fraud in her district. She reports that an unusually large number of mailings from her office to newly registered voters are being returned as undeliverable. She asks Iglesias to “investigate whether these voter registrations were lawful and whether any organizations or groups are intentionally causing false voter registration forms to be filed with the county clerk.” Iglesias will not respond to Wilson’s letter until October 29, 2004, just days before the November elections, and will inform Wilson that he is referring her complaint to the FBI “for their review and possible action. The FBI will determine whether a federal investigation may be warranted.” Wilson will forward Iglesias’s response to her chief of staff with the handwritten comment: “What a waste of time. Nobody home at US Attorney’s Office.” Wilson will later state that she faults Iglesias for not pursuing her complaint in a timely manner. It is unclear whether she is aware of Iglesias’s Election Fraud Task Force, formed in September 2004 (see September 7 - October 6, 2004). The FBI will find that the undeliverable mailings referred to in Wilson’s complaints were returned because of incomplete addresses on voter registration cards (i.e. apartment numbers left out), errors by Wilson’s office in addressing the envelopes, or because the people mailings were sent to, usually college students, had since moved. The FBI will recommend, and the task force will concur, that no further investigation of Wilson’s complaints is warranted. [US Department of Justice, Office of the Inspector General, 9/29/2008] Wilson’s letter is spurred by New Mexico Republicans’ efforts to block ACORN (the Association of Community Organizations for Reform Now) from registering new voters in largely Hispanic and poor areas. The effort is being led by Matt Henderson, an Albuquerque resident and ACORN head organizer; under Henderson’s leadership, ACORN is registering thousands of new voters, whom Republicans in New Mexico and Washington, DC, correctly fear will vote largely Democratic. ACORN and other groups are battling Republican efforts to institute strict voter ID laws, which critics say will hinder poor, minority, and elderly voters from participating in elections. In 2000, the state had gone for Democrat Al Gore by a vanishingly small margin of 366 votes; both parties believe that the 2004 presidential election will be equally close. By August 2004, ACORN and other groups have signed up some 65,000 new voters in Bernalillo County, which encompasses Albuquerque. Sheriff Darren White is the person who allegedly found voter registration errors in some 3,000 forms filed with the Bernalillo County clerk, including forms lacking Social Security numbers, complete addresses, and the like. White, the chairman of the New Mexico Bush-Cheney re-election campaign, who proudly admits to being made chair in order to deliver Bernalillo County for Bush-Cheney, calls those errors evidence of massive and systematic voter fraud. He has already written to Iglesias, on August 5, asking that Iglesias investigate the “suspect” registration forms. Wilson’s letter to Iglesias comes less than two weeks after White’s letter. [Atlas, 2010, pp. 213]

Entity Tags: Heather A. Wilson, Association of Community Organizations for Reform Now, Albert Arnold (“Al”) Gore, Jr., Darren White, Federal Bureau of Investigation, Matt Henderson, US Department of Justice, David C. Iglesias

Timeline Tags: Civil Liberties

After the death of Aryan Nations leader Richard Butler (see July 2004), the organization, already deeply divided and dwindling in size and influence (see Late 2000 - 2001), splits into two rival factions. One is headed by August Kreis in Pennsylvania and the other by Jonathan Williams in Georgia. Kreis and Williams are divided in part over the issue of whether neo-Nazis can find common ground with Muslim terrorists based on their mutual hatred of Jews. In 2005, Kreis tells CNN, “And I want to instill the same jihadic feeling in our peoples’ heart, in the Aryan race, that they [jihadists] have for their father, who they call Allah.” Another Nations leader, Charles Juba, attempts to anoint organization “pastor” James Wickstrom (see 1969, 1984, and 2003) as the group’s chaplain. Wickstrom aligns himself with Juba’s breakaway faction, in what some believe is an attempt to claim leadership in Butler’s wake. Aryan Nations member Floyd Cochran, who will leave the group and renounce its racist teachings, will later say: “Jim Wickstrom has a certain stature in the racist movement—one Juba doesn’t have—and especially among the more religious, the biggest ones that are really into the Christian Identity aspect (see 1960s and After).… With the death of Richard Butler, the Christian Identity aspect of the movement is now more focused on Wickstrom.” Days after Butler’s death, Juba announced he was appointing Wickstrom “Chaplin” (sic) and said the group’s new slogan would be “No Jew left alive in 2005.” However, Wickstrom has powerful enemies within the movement, not the least because in 2003 he eloped with the wife of another Christian Identity preacher, his former friend and colleague Keith Kallstrom. In reaction, Kallstrom vowed to cut off Wickstrom’s head and place it on his mountain, and shortly thereafter was arrested after driving to Michigan from Oklahoma in a pickup truck loaded with firearms and grenades, in an apparent attempt to find and kill Wickstrom. Wickstrom never becomes a full-fledged leader of the group, and though he will continue to broadcast a weekly radio program over the Internet, he will experience a steady decline in his influence among Aryan Nations and other racist, white supremacist groups. Both Kreis’s and Williams’s factions will continue to slide into irrelevance, though Kreis will have some success recruiting members from motorcycle gangs in South Carolina. By 2010, the only remnants of the groups will be small individual cliques and their accompanying Web sites. [Southern Poverty Law Center, 12/2004; Southern Poverty Law Center, 2010; Southern Poverty Law Center, 2010]

Entity Tags: Floyd Cochran, Aryan Nations, August Kreis, Charles Juba, Keith Kallstrom, Jonathan Williams, James Wickstrom, Richard Girnt Butler

Timeline Tags: US Domestic Terrorism

The US Attorney’s Office (USAO) of New Mexico, headed by David Iglesias (see October 18, 2001), announces the formation of a state and federal task force to address the issue of voter fraud in the state. Iglesias forms the task force in part because of complaints by Republican lawmakers and state party officials about what they term “rampant” voter fraud in the state that is, they say, affecting elections (see August 17, 2004), and as a response to Attorney General John Ashcroft’s stated goal to ramp up voter fraud investigations throughout the nation. “It appears that mischief is afoot and questions are lurking in the shadows,” Iglesias tells local reporters.
'Suspicious' Registration Forms - According to Nancy Scott-Finan of the Justice Department’s Office of Legal Affairs, Iglesias opens the task force after hearing from Bernalillo County Clerk Mary Herrara, a Democrat, who wanted to discuss some 3,000 “suspicious resignations” with him. He has also received a letter from Bernalillo County Sheriff Darren White, a Republican, about “thousands” of “questionable” voter registrations—the same 3,000 “suspect” forms—turned in by voter-outreach groups working primarily on behalf of Democrats. (Iglesias was invited to take part in what New Mexico Republican Party Chairman Allen Weh called “the [New Mexico Republican P]arty’s voter fraud working group” a month ago, but declined. Weh forwarded the invitation to a number of prominent New Mexico Republicans, including Senator Pete Domenici, Representative Heather Wilson—see August 17, 2004—and others. Domenici’s chief of staff Steve Bell called the issue a “critical matter.” Iglesias did not join the group, and no evidence exists that the group was actually formed.) Iglesias wants to avoid the perception of partisanship in his task force, so aside from Republicans on his task force, he asks Secretary of State Rebecca Vigil-Giron (D-NM) to join; she assigns a member of her office to serve in the organization. Officials from the New Mexico Department of Public Safety (the state’s law enforcement agency), the US Veteran’s Administration Inspector General’s Office, the FBI, and the Justice Department’s Public Integrity Section (PIN) also agree to participate. Two days after the announcement, Iglesias announces that a voter fraud hotline for the task force has been activated, and says that all allegations of fraud will be thoroughly investigated. Rumaldo Armijo, Iglesias’s executive assistant, and two other Assistant US Attorneys are assigned to the task force.
New Mexico Republicans Critical of Task Force - However, some New Mexico Republicans complain that the task force’s bipartisanship renders it useless. Mickey Barnett, a powerful state Republican, writes an email to Iglesias informing him that “[m]ost of us think a task force is a joke and unlikely to make any citizen believe our elections and voter registrations are honest.” New Mexico attorney Patrick Rogers, another prominent state Republican, says of the State Department representative that he has “includ[ed] the target on the task force.” White, the co-chair of the Bush-Cheney re-election campaign in New Mexico who will later tell reporters he was brought on by the Bush-Cheney campaign in order to help win Bernalillo County, later says he would have preferred the USAO to investigate and prosecute cases without the involvement of state agencies, and he believed Iglesias’s concerns about bipartisanship to be misguided. Vigil-Giron will also question the task force, saying: “This is just an attempt to let people know that Big Brother is watching. It may well be aimed at trying to keep people away from the polls.” Iglesias meets with the task force members several times before the November 2 elections, and reminds them that Justice Department policy forbids his office from indicting people on voter fraud charges before upcoming elections, in order to avoid the perception that the indictments are being filed to impact the elections.
Almost All Complaints Minor, No Criminal Cases Developed - Almost all of the complaints received by the task force are quite minor—complaints of yard signs being stolen, harassing phone calls, and non-criminal registration issues. These complaints are forwarded to local election officials. Several more serious complaints, including the complaints from Republican lawmakers and state officials, are forwarded to either the FBI or the Department of Public Safety. Iglesias will say that when he began the task force, he thought it would develop cases worth prosecuting, but after months of work, he found that it was unable to develop a single criminal case. The task force will stop meeting after the November elections and will conclude its efforts in January 2005, but will not officially disband until 2006, after the FBI completes the last of its investigations. The Justice Department will recognize Iglesias’s task force as an example to other offices as to how voter fraud investigations should be handled, and Iglesias will give an address to a department-sponsored symposium on voter integrity (see October 2005). [Washington Post, 9/20/2004; US House of Representatives, Committee on the Judiciary, 4/13/2007 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008; Atlas, 2010, pp. 213-216] On September 30, Senator Jeff Bingaman (D-NM) calls the Justice Department to ask about Iglesias’s task force. He speaks with Assistant Attorney General William Moschella. He says he is concerned about voter intimidation, and says he has heard no allegations of widespread voter fraud. He also says the local FBI told him the task force “was on thin ice,” apparently meaning that it is not finding anything of consequence. [US House of Representatives, Committee on the Judiciary, 4/13/2007 pdf file]
Iglesias Refused 'Show Trials,' Says Reporter - Investigative reporter Greg Palast will say of Iglesias’s voter fraud task force: “That’s where Iglesias drew the line in the sand. He said a press conference is one thing, which he probably shouldn’t have done, but literally handcuffing innocent voters for show trials—and then, of course, then you drop the case later—that is one thing he absolutely was not going to do.” [Democracy Now!, 5/14/2007]

Entity Tags: Jeff Bingaman, William E. Moschella, Heather A. Wilson, David C. Iglesias, Darren White, Allen Weh, US Department of Justice, Greg Palast, Steve Bell, Rebecca Vigil-Giron, Nancy Scott-Finan, Mickey Barnett, Mary Herrara, New Mexico Republican Party, Pietro V. (“Pete”) Domenici, John Ashcroft, Rumaldo Armijo, Patrick Rogers

Timeline Tags: Civil Liberties

Washington Post reporter Walter Pincus testifies before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003 and August 9, 2004). Pincus refuses to divulge confidential sources, and refuses to divulge the name of the White House official who told him of Plame Wilson’s identity as a CIA agent. He does, however, recount the substance of that conversation. [Associated Press, 9/17/2004; New York Times, 2006] In his deposition, Pincus says he agreed to be questioned by prosecutors only with his source’s approval. “I understand that my source has already spoken to the special prosecutor about our conversation on July 12, and that the special prosecutor has dropped his demand that I reveal my source,” Pincus says. “Even so, I will not testify about his or her identity.” [Washington Post, 9/16/2004; Associated Press, 9/17/2004] “The source has not discharged us from the confidentiality pledge,” says the Post’s executive editor, Leonard Downie Jr. [Washington Post, 9/16/2004] Pincus will later describe why he agreed to testify instead of go to jail to protect his sources. “I believed firmly that the sources controlled the privilege,” he will say. One of his sources had told Pincus, through lawyers, that since he had revealed his own identity, Pincus could testify but not name him publicly. Pincus will later say, “If their identity was known to [special prosecutor] Patrick Fitzgerald, what confidence was I breaking?” He agreed to testify if he could name his source in court, but protect the source’s identity publicly. Fellow reporter Lowell Bergman will later call it “a cute deal.” When Newsweek senior editor Jonathan Alter asks Bergman, “Can’t you make an argument that this was the pragmatic tactic to take?” Bergman will respond, “It is until you are the next reporter subpoenaed and you have no protection.” [Vanity Fair, 4/2006] Pincus’s source will later be revealed as former White House press secretary Ari Fleischer (see 1:26 p.m. July 12, 2003).

Entity Tags: Leonard Downie, Jr., Bush administration (43), Lowell Bergman, Ari Fleischer, Washington Post, Jonathan Alter, Walter Pincus

Timeline Tags: Niger Uranium and Plame Outing

New Mexico Republicans hammer US Attorney David Iglesias (see October 18, 2001) with demands to investigate what they perceive to be a blizzard of voter fraud cases. Iglesias has just established an election fraud task force to look into such allegations (see September 7 - October 6, 2004). On September 23, the executive director of the New Mexico Republican Party, Greg Graves, asks Iglesias to investigate the alleged theft of Republican voter registration forms from the office of a voter registration organization. On September 29, prominent New Mexico Republican Patrick Rogers sends an email to Iglesias and over 20 people associated with the New Mexico Republican Party, including staff members for Senator Pete Domenici (R-NM), Representative Heather Wilson (R-NM—see August 17, 2004), and state party chairman Allen Weh. Rogers calls for Republicans on the state and federal levels to use “voter fraud” as what he calls a “wedge issue” to influence the upcoming elections. Rogers writes in part: “I believe the [voter] ID issue should be used (now) at all levels—federal, state legislative races and Heather [Wilson]‘s race.… You are not going to find a better wedge issue.… I’ve got to believe the [voter] ID issue would do Heather more good than another ad talking about how much federal taxpayer money she has put into the (state) education system and social security.… This is the single best wedge issue, ever in NM. We will not have this opportunity again.” Referring to previous complaints he has registered with Iglesias’s office about alleged voter fraud perpetrated by an Association of Community Organizations for Reform Now (ACORN) worker (see September 15-19, 2004), Rogers writes: “Today, we expect to file a new Public Records lawsuit, by 3 Republican legislators, demanding the Bernalillo county clerk locate and produce (before Oct 15) ALL of the registrations signed by the ACORN employee.” On September 24, Weh sends Iglesias and a number of Republican figures an email about voter fraud allegations that says in part: “We are still waiting for US Attorney Iglesisas [sic] to do what his office needs to do to hold people accountable, and have informed him that doing it after the election is too late. I have copied him on this email for his info.” He sends an email to Iglesias that reads in part, “Vote fraud issues are intensifing [sic], and we are looking for you to lead.” On October 21, Graves sends Iglesias a copy of a complaint to the Bernalillo County Clerk asking that the Republican Party be allowed to inspect ACORN voter registration cards allegedly found during a drug raid. Weh continues to send emails to Iglesias about pursuing voter fraud allegations throughout the month of October, reminding him in one email, “The game clock is running!” [US Department of Justice, Office of the Inspector General, 9/29/2008] In 2008, Iglesias will write that he investigated each allegation, and, with the concurrence of the FBI and the Justice Department, found no prosecutable charges. “Being close doesn’t count in prosecutions where the government has to prove its case beyond a reasonable doubt,” he will write. “The facts did not support what the law required.” However, he will write, it is easy for partisan Republicans to conclude that he is unwilling to aggressively pursue voter fraud cases. It is not long, he will write, before he begins hearing “the rumblings of a whispering campaign among Republican operatives giving voice to their discontent.” [Iglesias and Seay, 5/2008, pp. 87] In 2007, investigative reporter Greg Palast will explain how the process worked. He will say that Republican operatives gave Iglesias and his office “110 names. They wanted them, for example, to arrest some guy named, say, roughly, if I remember, like Juan Gonzalez, and say he voted twice, stealing someone’s ID. Well, in New Mexico there may be two guys named Juan Gonzalez. So Iglesias just thought this was absolute junk, absolute junk stuff, and he wouldn’t do it. So it’s all about trying to create a hysteria about fraudulent voting.” [Democracy Now!, 5/14/2007]

Entity Tags: Heather A. Wilson, Association of Community Organizations for Reform Now, Allen Weh, David C. Iglesias, Greg Palast, Pietro V. (“Pete”) Domenici, Greg Graves, New Mexico Republican Party, Patrick Rogers

Timeline Tags: Civil Liberties

Porter Goss.Porter Goss. [Source: CIA]Porter Goss becomes the new CIA director, replacing George Tenet (John McLaughlin served as interim director for a few months after Tenet’s sudden resignation—see June 3, 2004). Goss was a CIA field agent, then a Republican representative and co-chair of the 2002 9/11 Congressional Inquiry. [Knight Ridder, 10/25/2004]
Ignored Pakistan, ISI during 9/11 Investigations - He took part in secret meetings with Pakistani ISI Director Mahmood Ahmed before 9/11 and on the morning of 9/11 itself (see August 28-30, 2001 and (8:00 a.m.) September 11, 2001). Despite some press reports that Mahmood directly ordered money to be sent to hijacker Mohamed Atta, there is virtually no mention of Mahmood or Pakistan in the Inquiry report that Goss co-chaired. Such issues appear to be forgotten by the US press, but the Times of India raised them when his nomination was announced. [Times of India, 8/10/2004]
Will Lead 'Purge' - During his confirmation hearings Goss pledges that he will be a nonpartisan CIA director, but he will purge the CIA of all but “true believers” in Bush’s policies shortly after becoming director (see November-December 2004). [Knight Ridder, 10/25/2004] CIA analyst Valerie Plame Wilson will later write that Goss “arrive[s] at headquarters with the clear intention to houseclean, and from the beginning [is] seen more as a crusader and occupier than former colleague. He [brings] with him several loyal Hill staffers, known for their abrasive management style, and immediately set[s] to work attempting to bring the CIA—with special emphasis on the often wild and willful operations directorate—to heel, per White House orders. White House officials had suspected that CIA officials had leaked information prior to the election about the intelligence surrounding the war in Iraq that put the agency in a better light. Thus, Goss’s orders from the administration [are] probably along the lines of ‘get control of it.’” She will write that while most at the CIA welcome the idea of reform as a means to rebuild the agency’s credibility, “Goss’s heavy-handedness [will be] bitterly resented.” Goss will fail to have any meaningful dealings with “senior agency managers,” will spend “little time with the heads of foreign intelligence services (all of whom the CIA relied on for cooperation with counterterrorism and counterproliferation matters),” will fail to sufficiently engage “in day-to-day activities,” and will fail to gain a grasp of “some of the details of operations.” [Wilson, 2007, pp. 211-212]

Entity Tags: Porter J. Goss, John E. McLaughlin, Valerie Plame Wilson

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

Deputy White House chief of staff Karl Rove, President Bush’s top political adviser, testifies for a third time before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). (The date of Rove’s second testimony to the grand jury is not publicly known, though Newsweek’s Michael Isikoff later says Rove testified twice in February 2004.) Rove tells the jury that he spoke with Time magazine reporter Matthew Cooper (see 11:00 a.m. July 11, 2003), a conversation he has failed to disclose in previous testimony both before the jury and when interviewed by FBI agents (see October 8, 2003 and February 2004). Rove now says he recalls speaking with Cooper, but cannot remember details of their conversation. His lawyer, Robert Luskin, says Rove “answered fully and truthfully every one of their questions,” and did not try to avoid answering questions on legal grounds. White House press secretary Scott McClellan says that Rove’s testimony shows he is “doing his part to cooperate” in the probe. Terry McAuliffe, the chairman of the Democratic National Committee, charges that Rove and other Bush aides are refusing to tell the public everything they know about the outing of Plame Wilson as a CIA official. “Karl Rove needs to come clean and tell us what he told the grand jury today,” McAuliffe says. Luskin claims that Rove has been informed he is not a target of the inquiry. [Time, 10/15/2004; New York Times, 10/16/2004; National Journal, 4/28/2006; Newsweek, 5/8/2006]
Names Libby - Rove informs the jury that he may have learned of Plame Wilson’s identity from former White House official Lewis Libby, the chief of staff to Vice President Dick Cheney. Almost a year later, the Washington Post will learn of Rove’s naming of Libby from “a source familiar with Rove’s account.” Days before Plame Wilson’s identity was publicly revealed (see July 14, 2003), Libby and Rove discussed conversations they had had with Cooper and other, unnamed reporters. Both Plame Wilson’s CIA identity and her husband, war critic Joseph Wilson, were discussed, Rove tells the jury. He says that his conversations with Libby were confined to information the two men heard from reporters. He also says he heard about Plame Wilson’s CIA identity from “someone outside the White House,” but cannot recall that person’s identity. [Washington Post, 10/20/2005]
Claim of Memory Failure - Rove has claimed not to remember the conversation between himself and Cooper, but has recently found an e-mail he sent to Deputy National Security Adviser Stephen Hadley confirming the conversation (see After 11:07 a.m. July 11, 2003). Rove and Luskin claim that Rove only recently found the e-mail and immediately turned it over to Fitzgerald’s investigators. They claim that Rove never intended to withhold evidence from the investigation. [New York Times, 11/4/2005]
Kerry Campaign Calls for Full Disclosure from White House - Joe Lockhart, the campaign spokesman for the presidential campaign of John Kerry (D-MA), says: “With two weeks to go before the election, the American people are still in the dark about how it is that their White House leaked the name of an undercover CIA operative to the press, jeopardizing the life of this agent and possibly violating federal law. Instead of hiding behind the lawyers he so often likes to criticize, George Bush should direct Karl Rove and anyone else involved to go to the White House briefing room and come clean about their role in this insidious act.” [Salon, 10/15/2004]

Entity Tags: Scott McClellan, Terry McAuliffe, Stephen J. Hadley, Matthew Cooper, Robert Luskin, Karl C. Rove, Bush administration (43), Federal Bureau of Investigation, Lewis (“Scooter”) Libby, Joe Lockhart, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Bar graph based on Duval County caging list.Bar graph based on Duval County caging list. [Source: RangeVoting (.org)]Investigative reporter Greg Palast claims on a BBC Newsnight broadcast that the Bush presidential re-election campaign has a plan to disrupt voting in Florida during the November 2004 presidential elections. The BBC says it has two emails prepared for the executive director of the Bush campaign in Florida and the campaign’s national research director in Washington that contain a 15-page “caging list” of voters, predominantly African-American and likely Democratic voters, residing in and around Jacksonville, Florida. Voting rights expert Robert F. Kennedy Jr. will later explain “caging” to Palast: “Caging is an illegal way of getting rid of black votes. You get a list of all the black voters. Then you send a letter to their homes. And if the person doesn’t sign it at the homes, the letter then is returned to the Republican National Committee. They then direct the state attorney general, who is friendly to them, who’s Republican, to remove that voter from the list on the alleged basis that that voter does not live in the address that they designated as their address on the voting application form.” A Tallahassee elections supervisor, Ion Sancho, tells a BBC reporter, “The only possible reason why they would keep such a thing is to challenge voters on election day.” He says that under Florida law, operatives from political parties can station themselves inside polling stations and stop voters from obtaining a ballot; such “caged” voters would then have to complete a “provisional” ballot that may well not be counted. Mass challenges of this nature have never occurred in Florida, Sancho says. No challenges have been issued against voters “in the 16 years I’ve been supervisor of elections.” He continues, “Quite frankly, this process can be used to slow down the voting process and cause chaos on election day; and discourage voters from voting.” Sancho says it is “intimidation,” and it may well be illegal. Civil rights attorney Ralph Neas says US federal law bars challenges to voters, even if there is a basis for the challenge, if race is a factor in targeting voters. The “caging list” of Jacksonville-area voters contains a disproportionately large number of black voters. Republican spokespersons deny that the list is illegal, and say it merely records returned mail from either fundraising solicitations or returned letters sent to newly registered voters to verify their addresses for purposes of mailing campaign literature. Republican state campaign spokeswoman Mindy Tucker Fletcher says the list was not compiled “in order to create” a challenge list, but refuses to say it would not be used in that manner. Republican poll watchers will, she says, challenge voters “[w]here it’s stated in the law.” No one in the Florida Republican Party or the Bush campaign will explain why top officials in the Bush campaign have received the caging list. Palast’s colleagues have captured on film a private detective filming every “early voter” in a Jacksonville precinct from behind a vehicle with blacked-out windows; the detective denies knowing who paid for his services. Representative Corinne Brown (D-FL) says the surveillance is part of a Republican-orchestrated campaign to intimidate black voters. [Greg Palast, 10/26/2004; Democracy Now!, 5/14/2007] Palast later writes that many of the black voters affected by the caging list are veterans.
Methodology - He will write: “Here’s how the scheme worked: The RNC mailed these voters letters in envelopes marked, ‘Do not forward,’ to be returned to the sender. These letters were mailed to servicemen and women, some stationed overseas, to their US home addresses. The letters then returned to the Bush-Cheney campaign as ‘undeliverable.’ The lists of soldiers with ‘undeliverable’ letters were transmitted from state headquarters, in this case Florida, to the RNC in Washington. The party could then challenge the voters’ registration and thereby prevent their absentee ballots being counted. One target list was comprised exclusively of voters registered at the Jacksonville, Florida, Naval Air Station. Jacksonville is the third largest naval installation in the US, best known as home of the Blue Angels fighting squadron.” Over one million provisional ballots cast in the 2004 race were never counted. “The extraordinary rise in the number of rejected ballots was the result of the widespread multi-state voter challenge campaign by the Republican Party,” he will write. “The operation, of which the purge of black soldiers was a small part, was the first mass challenge to voting America had seen in two decades.” Palast will say that the BBC had more than the two emails it used for its Newsnight report. He will also identify the sender as Timothy Griffin, the RNC’s national research director, and the recipients as Florida campaign chairman Brett Doster and other Republican leaders. “Attached were spreadsheets marked, ‘Caging.xls.’ Each of these contained several hundred to a few thousand voters and their addresses. A check of the demographics of the addresses on the ‘caging lists,’ as the GOP leaders called them indicated that most were in African-American majority zip codes.” Palast will report that one Republican official, Joseph Agostini, explained that the list may have been of potential Bush campaign donors, a claim that is undermined by the list’s inclusion of a number of residents of a local homeless shelter. Fletcher will later claim that the list contains voters “we mailed to, where the letter came back—bad addresses,” but will not say why the list includes soldiers serving overseas whose addresses would obviously not be correct. Fletcher will insist that it “is not a challenge list.… That’s not what it’s set up to be.” [Greg Palast, 6/16/2006; In These Times, 4/16/2007] US Attorney David Iglesias of New Mexico will later say of the practice: “That’s a terrible practice. If it’s not illegal, it should be. I hope Congress fixes that, that problem. It’s when you send voter information to a group of people that you have reason to believe are no longer there, such as military personnel who are overseas, such as students at historically black colleges. And then, when it comes back as undeliverable, the party uses that information to remove that person from the voter rolls, claiming that they’re no longer there.… It’s a reprehensible practice. I had never heard of the phrase until after I left office.” [Democracy Now!, 6/4/2008]
Griffin Sent Memos to Wrong Email Address - Palast later reveals his source for the caging list spreadsheet to be an error made by Griffin. In August 2004, he sent a series of confidential memos to a number of Republican Party officials via emails. Griffin mistakenly sent the emails to addresses at georgewbush.org and not georgewbush.com, as he should have. The georgewbush.org address is owned by satirist John Wooden, who sent them to Palast at BBC Newsnight. Palast will write: “Griffin’s dozens of emails contained what he called ‘caging lists’—simple Excel spreadsheets with the names and addresses of voters. Sounds innocent enough. But once the addresses were plotted on maps—70,000 names in Florida alone—it became clear that virtually every name was in a minority-majority voting precinct. And most of the lists were made up of itinerant, vulnerable voters: students, the homeless, and, notably, soldiers sent overseas.” [In These Times, 4/16/2007]
GOP: Palast, Sancho Wrong, Biased - Fletcher responds to the BBC story with an email to Newsnight editor Peter Barron claiming that Palast is ignorant of the laws and practices surrounding elections, and calls Sancho “an opinionated Democrat” who does not supervise the area in question. Such “caging lists” are commonly used, she says, and are entirely legal. Palast mischaracterized the nature and use of caging lists, she says. Moreover, the list is composed of returned mailings sent by the Republican National Committee to new registrants in Duval County (which includes Jacksonville) encouraging recipients to vote Republican. “The Duval County list was created to collect the returned mail information from the Republican National Committee mailing and was intended and has been used for no purpose other than that,” she says. Palast erred in “insinuat[ing]” that the list would be used for challenging voters, “and frankly illustrates his willingness to twist information to suit his and others’ political agenda. Reporting of these types of baseless allegations by the news media comes directly from the Democrats’ election playbook.” She then accuses the Association of Community Organizations for Reform Now (ACORN) of “massive fraud efforts” on behalf of “the Kerry campaign and the Democrats.” Many registered voters in Duval County “do not have valid addresses,” she says, implying that such voters may be subject to challenges. She concludes, “In a year when reporters are under heavy scrutiny for showing political leanings toward the Democratic Party, I would think that your new[s] organization would take greater care to understand the facts and use sources that will yield objective information, rather than carry one party’s political agenda.” [BBC, 6/4/2008]

Entity Tags: Association of Community Organizations for Reform Now, Florida Republican Party, Brett Doster, Bush-Cheney re-election campaign 2004, Corrine Brown, David C. Iglesias, Robert F. Kennedy Jr., Greg Palast, Ralph G. Neas, John Wooden, J. Timothy Griffin, Ion Sancho, Republican National Committee, Joseph Agostini, County of Duval (Florida), Peter Barron, Mindy Tucker Fletcher

Timeline Tags: Civil Liberties

Hours after new CIA Director Porter Goss issues a memo telling agency officials that it must support the Bush administration (see November-December 2004 and November 17, 2004), Deputy Director of Operations Stephen Kappes becomes one of the first casualties of Goss’s White House-orchestrated “purge” of the agency. Kappes resigns after his deputy, Michael Sulick, criticizes Goss’s chief of staff, Pat Murray; in turn, Murray sends Sulick what the agency’s head of European operations, Tyler Drumheller, calls “a truly obnoxious e-mail” that “accused Sulick and Kappes, two of the most experienced, respected men in the building, of being fools and lacking integrity.” Murray then orders Kappes to fire Sulick; instead, Kappes and Sulick both submit their resignations. They are the first of over 20 senior CIA officials to leave the agency. [Wilson, 2007, pp. 212-213] A former senior CIA official says that the White House “doesn’t want Steve Kappes to reconsider his resignation. That might be the spin they put on it, but they want him out.” Kappes’s job may be offered to Drumheller. [Newsday, 11/14/2004] In 2006, Kappes will return—after Goss’s abrupt resignation (see May 5, 2006)—as deputy director of the CIA (see June 1, 2006).

Entity Tags: Tyler Drumheller, Central Intelligence Agency, Bush administration (43), Michael Sulick, Stephen Kappes, Pat Murray, Porter J. Goss

Timeline Tags: Civil Liberties

Christine Gregoire and Dino Rossi.Christine Gregoire and Dino Rossi. [Source: Associated Press / KomoNews]State Attorney General Christine Gregoire (D-WA) is apparently defeated in the Washington State gubernatorial race in the closest such race in US history, losing to former state senator and current real-estate mogul Dino Rossi (R-WA) by 261 votes. The percentage vote is split evenly, 49-49, with 2 percent of the vote going to Libertarian Ruth Bennett. Democrats John Kerry (D-MA) and Patty Murray (D-WA) won the state’s presidential and Senate races, respectively. Both Gregoire and Rossi attempted to run as relatively moderate members of their parties, though their stance on health care, in particular, showed striking differences between them: Rossi ran on a platform of limiting lawsuit awards and drastically cutting state spending on Medicare and other expenditures, while Gregoire promised to expand coverage by finding ways to cut spending in other areas. Both candidates attacked the other relentlessly on the health care issue. On the evening of the election, November 2, Gregoire leads by some 7,000 votes, but as absentee votes are counted over the next few days, her lead dwindles and vanishes. By November 17, when all 39 counties complete their vote tallies, Rossi leads by 261 votes. State law mandates a machine recount, and the recount cuts Rossi’s lead to 42 votes. On November 30, Secretary of State Sam Reed certifies Rossi as the winner. Gregoire requests an additional recount, to be paid for by the Washington Democratic Party, and also files suit asking that ballots rejected in the first count be reconsidered, citing what the suit calls “[p]rior errors and inconsistencies in the initial canvassing and machine recount of ballots.” State Democratic Party chair Paul Berendt says: “I’ve never stopped believing Chris Gregoire was elected governor. It would be easy to demand a recount in a few counties, but she wanted every vote or no vote, and that’s what we’re going to do.” Rossi campaign spokesperson Mary Lane retorts: “As far as we’re concerned, it’s trying to overturn the legitimate result of this election by any means necessary, ethical or not. Christine Gregoire cares more about her own political ambition than what the voters actually think.” Republican Party Chairman Chris Vance calls the lawsuit to reconsider rejected votes “a nuclear bomb. It will blow up our election system in Washington state.” The suit is filed on behalf of four voters who claim they were denied the opportunity to vote. One of those voters, Ronald Taro Suyematsu of King County, says he never received his absentee ballot in the mail. He voted on Election Day using a provisional ballot, but he was not listed as a registered voter and his vote was discarded. Democrats allege that many ballots were inappropriately challenged by Republican observers, that county canvassing board rejected qualified ballots, and voters were denied meaningful notice of challenges. The lawsuit also says counties used varying standards “regarding signature-matching for absentee and provisional ballots.” The suit does not allege deliberate manipulation by county officials. “In some respects, the problems might not be more frequent than in a typical election, but the narrow margin between the candidates means that, unlike the typical election, they are not harmless,” the suit alleges. [Seattle Post-Intelligencer, 10/20/2004; 2004 General Election - First Recount > Statewide Offices > Results, 11/17/2004; Seattle Times, 12/3/2004; HistoryLink (.org), 6/7/2005]

Entity Tags: Mary Lane, Dino Rossi, Christine O. Gregoire, Chris Vance, John Kerry, Washington Republican Party, Ruth Bennett, Dino Rossi gubernatorial campaign (2004), Washington Democratic Party, Paul Berendt, Sam Reed, Ronald Taro Suyematsu, Patty Murray

Timeline Tags: Civil Liberties, 2004 Elections

The Justice Department’s White House liaison, Susan Richmond, sends an email to all of the department’s presidentially appointed officials, including US Attorneys, reassuring them that the newly re-elected President Bush “will not ask for letters of resignation.” Many had requested clarification as to whether they would be asked to remain or resign during Bush’s second term. Richmond reminds the recipients that “each of us serves at the pleasure of the president.” It is around this same time that Justice Department lawyer Kyle Sampson (see 2001-2003) becomes involved in discussions with White House counsel Harriet Miers about firing all 93 US Attorneys (see November 2004). Sampson tells Miers that firing all 93 US Attorneys may not be a good idea, and the US Attorneys have an expectation of serving their statutory four-year terms, which do not begin to expire until the fall of 2005. [US Department of Justice, Office of the Inspector General, 9/29/2008] Notwithstanding the reassurance, Mary Beth Buchanan, the head of the Executive Office for US Attorneys, begins circulating forms for resignation to the US Attorneys. She will later explain, “At the end of the first administration, I was asked to provide United States attorneys with guidance for those who wished to resign at the end of the first administration.” [US House of Representatives, Committee on the Judiciary, 6/15/2007 pdf file]

Entity Tags: George W. Bush, Executive Office for US Attorneys (DOJ), US Department of Justice, Susan Richmond, Mary Beth Buchanan, Harriet E. Miers, D. Kyle Sampson

Timeline Tags: Civil Liberties

The new director of the CIA, Porter Goss (see September 24, 2004), issues a memo to CIA employees that, in author Craig Unger’s words, “instantly confirm[s] his reputation as an administration loyalist.” The memo reads in part: “As agency employees we do not identify with, support, or champion opposition to the administration in its policies. [Our job is] to support the administration and its policies in our work.” While the CIA has been sensitive to the desires of previous administrations, it has always worked to keep at least some distance between itself and the political ebb and flow of Washington, and tried to preserve at least some degree of impartiality. Goss intends to change all that and make the CIA another arm of the White House. Unger will later write: “With [soon-to-be named Secretary of State Condoleezza] Rice, [soon-to-be National Security Adviser Stephen] Hadley, and Goss in key positions, Bush, Cheney, and Rumsfeld had consolitated control over national security to an unprecedented degree. The notion that America’s $40 billion intelligence apparatus would speak truth to power had become a pipe dream.” [Unger, 2007, pp. 326]

Entity Tags: Porter J. Goss, Bush administration (43), Craig Unger, Central Intelligence Agency

Timeline Tags: Civil Liberties

The press reports that Terry Nichols, convicted on federal and state charges surrounding the 1995 Oklahoma City bombing (see December 23, 1997 and May 26, 2004), admitted to his involvement in the conspiracy to blow up the Murrah Federal Building during secret plea negotiations in 2003. Presumably these were the negotiations where prosecutors ultimately rejected an offer by Nichols’s lawyers for Nichols to plead “no content” to the 161 charges of first-degree murder in return for being spared the death penalty (see February 17, 2004). Nichols signed a statement acknowledging helping bomber Timothy McVeigh (see December 23, 1997 and June 4, 1998) construct the bomb, though he denied having any prior knowledge of the target (see April 11, 1995) or knowing any other co-conspirators (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, and December 16, 1994 and After). Prosecutors now say they never believed Nichols was being entirely truthful in his plea offer. [New York Times, 11/30/2004; The Oklahoman, 4/2009]

Entity Tags: Murrah Federal Building, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

US Attorney John McKay of the Western District of Washington State (see October 24, 2001) is told by Tom McCabe of the Building Industry Association of Washington (BIAW) that the recounts in the disputed gubernatorial race for Washington State between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see November 2-30, 2004) revealed forged signatures on provisional ballots. McKay informs Craig Donsanto, the head of the election crimes branch of the criminal division’s public integrity section in the Justice Department, and asks Donsanto if his office can open a federal investigation if the allegations only involve a state election. Donsanto advises McKay to take no action until election authorities certify the winner and any court cases stemming from the election have run their course. McKay disagrees with Donsanto’s advice, and directs the FBI to open a preliminary inquiry into the allegations. FBI agents interview McCabe, but neither McKay nor the FBI take further action because the election is not yet certified. McKay advises McCabe to provide any evidence he might have of voter fraud to the local prosecutor, because the complaint involves a state race. When the race is certified in Gregoire’s favor on December 30, cases are immediately filed in state court challenging the results. [US Department of Justice, Office of the Inspector General, 9/29/2008] Around this same time, McKay receives a telephone call from Chris Vance, the chair of the Washington Republican Party, asking about the investigation. McKay cites the prohibition against revealing information concerning an ongoing investigation and refuses to answer Vance’s questions (see Late 2004 or Early 2005). McCabe soon decides that McKay is not pursuing the fraud allegations quickly enough and begins pressuring the White House to fire him (see Late 2004 and July 5, 2005). McKay allows Justice Department agents to examine what he will call the “so-called evidence,” and will recall one agent “laugh[ing] out loud” because the evidence was “that flimsy.” He will recall that he could find no framework to follow in pursuing voter fraud cases. “I was looking for a benchmark,” he will say. “The impression I got [from the Justice Department] was that I should make it up as I went along. The preference, at least as it was expressed from the attorney general’s office, was simply to file as many such cases as possible. I wasn’t willing to do that, certainly not in the gubernatorial race.… [W]as there a conspiracy to steal the election? Absolutely not.” [Iglesias and Seay, 5/2008, pp. 134-135]

Entity Tags: Tom McCabe, Christine O. Gregoire, Chris Vance, Craig Donsanto, John L. McKay, Dino Rossi, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Five agencies, under an agreement worked out by US District Judge Alvin Hellerstein, release approximately 9,000 pages of internal reports, investigations, and e-mails containing information about prisoner abuse in Guantanamo, Iraq, and Afghanistan. The massive disclosure seemingly marks the end of a more than 13-month long effort (see October 7, 2003 and September 15, 2004) by five human rights groups to access the documents under the Freedom of Information Act. The documents demonstrate that the abuses were far more widespread and systemic than previously acknowledged by the government. The documents include information about numerous abuses, such as threatened and mocked executions, thefts of private property, physical assaults, shocking detainees with electric guns, the use of dogs to intimidate prisoners at Guantanamo, shackling detainees without food and water, and murder. In many of the cases, the Army chose to punish offenders with non-criminal punishments rather than court-martial them. Reporting on the disclosure, the Washington Post notes, “The variety of the abuse and the fact that it occurred over a three-year period undermine the Pentagon’s past insistence… that the abuse occurred largely during a few months at [Abu Ghraib], and that it mostly involved detainee humiliation or intimidation rather than the deliberate infliction of pain.” [Washington Post, 12/22/2004] However, these agencies continue to secret hold back some material and in late 2005 the CIA will destroy videotapes of interrogations relevant to these requests (see November 2005).

Entity Tags: Central Intelligence Agency, Alvin K. Hellerstein

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Christine Gregoire (D-WA), declared the loser in her gubernatorial race against Dino Rossi (R-WA) by a mere 42 votes (see November 2-30, 2004), is shown to be the winner after a full recount. On December 23, 2004, Gregoire is certified to have gained 919 votes in the recount, and Rossi gained 748, giving Gregoire a 129-vote lead. The State Legislature certifies the vote, and Gregoire is sworn in as governor on January 12, 2005. [Washington Secretary of State, 12/23/2004; Seattle Times, 12/30/2004; HistoryLink (.org), 6/7/2005] 1,555 votes in Democratic stronghold King County were initially not counted, 573 of them because their signatures had not been entered into the computer database. It is certain that these 573 votes were improperly rejected, and perhaps many of the others as well, the King County Elections Board determines. The error comes to light when Larry Phillips, chairman of the Metropolitan King County Council, discovers that his vote was disqualified. His request to find out why he was disqualified leads to the discovery of the 573 uncounted votes. Republican Party chairman Chris Vance says of the findings that he and his fellow Republicans are now “absolutely convinced that King County is trying to steal this election.… There are Republicans urging us to organize mass protests, to take to the streets. At some point people’s patience just runs out.” He adds: “It’s either gross incompetence or vote fraud. I guess we should just keep expecting King County to find votes until they find enough.” Republicans accuse state Democrats of attempting to rewrite Washington’s election laws to ensure Gregoire is named the victor. [Seattle Times, 12/14/2004; Seattle Times, 12/14/2004] As many as 162 absentee ballots in King County were “misplaced” and not counted. King County Elections Director Dean Logan said before the recount was complete that “we knew as fact” those voters were improperly disenfranchised. [Seattle Times, 12/17/2004] King County Republican Dan Satterberg, a member of the King County Canvassing Board, says: “We’re determining the validity of votes and ballots one at a time.… It reminds me of when I would umpire Little League games. You never want the umpire’s call to make the decision in the game.” Satterberg attempts to block the counting of disputed absentee ballots, but is outvoted by the canvassing board’s two Democratic members. The State Supreme Court reverses a lower court ruling and allows the absentee ballots to be counted in the larger totals. On December 21, just before the vote totals are announced and Gregoire is named the winner, some 350 protesters gathered in front of the Supreme Court building, demanding that Rossi be named the winner, accusing the Gregoire campaign of orchestrating a systematic voter fraud effort, and comparing Washington State to Ukraine, a nation whose recent elections were marred by massive voter fraud. The rally was sponsored by a conservative talk radio station. [Associated Press, 12/22/2004; Seattle Times, 12/23/2004] Washington State Republicans file a lawsuit challenging the recount and demanding that Rossi be sworn in as governor, citing as evidence their claims that hundreds of convicted felons voted without going through the procedure to have their civil rights restored. They also claim a raft of other irregularities benefited Gregoire, particularly in the Democratic stronghold of King County, and will challenge 1,678 votes cast as “illegal” and “fraudulent.” [HistoryLink (.org), 6/7/2005] Rossi will demand a new election (see December 29-30, 2004), a demand that will not be honored (see February 4, 2005).

Entity Tags: Chris Vance, Dean Logan, Dan Satterberg, King County (Washington), Christine O. Gregoire, Dino Rossi, Larry Phillips, King County Elections Board, Washington Supreme Court

Timeline Tags: Civil Liberties, 2004 Elections

Real-estate mogul Dino Rossi (R-WA), who was declared the loser in the 2004 Washington State gubernatorial race by a mere 129 votes (see December 23, 2004 - January 12, 2005), demands that the entire result be thrown out and a new election held. “Quite frankly, folks, this election has been a total mess,” he says. Secretary of State Sam Reed (R-WA), who certified Christine Gregoire (D-WA) as the legitimate governor, responds, “I do not feel like this has been a botched election.” He says the election process had been fair, but adds, “I would not say I think somebody ought to be conceding at this point.” Rossi can contest the election, Reed says. Rossi says if a court finds in his favor, he would argue for an entirely new election as opposed to the court or the legislature deciding the outcome. “The people have a right to decide who their next chief executive officer is for the state of Washington, if we end up with an election set aside,” he says. Rossi urges Gregoire to join him in calling for a new election in the interest of comity and voter confidence. If she takes the position after the recounts, Rossi says, her tenure will be “shrouded in suspicion.” To head that off, he says, “[a] revote would be the best solution for the people of our state and would give us a legitimate governorship.” Gregoire’s spokesperson Morton Brilliant says Gregoire is not considering such an action. “This ain’t golf,” he says. “No mulligans allowed here, folks.” Washington Democrats call Rossi’s request “ridiculous” and “hypocritical.” Kirsten Brost of the Washington Democratic Party says: “In the same breath, Dino Rossi says a drawn-out process would hurt Washington state and then he asks for another election. He wants to spend $4 million of taxpayer money for a new election because he doesn’t like the results.” State law does not allow for a revote, but Reed says it could happen if a court or the state legislature orders one. Rossi says that if his and Gregoire’s positions were reversed, he would welcome a new election. “I would not want to enter office with so many people viewing my governorship as illegitimate,” he says. Former Secretary of State Ralph Munro (R-WA) originally called for a revote, saying the current election count had been bungled so badly no one had confidence the votes were counted accurately. Munro is the chairman of Votehere Inc., a company that manufactures a “safe and secure” voter tallying system. Munro denies trying to drum up business for his firm, and says that if such a revote were held, he would not care who won. [Seattle Times, 12/30/2004]

Entity Tags: Sam Reed, Christine O. Gregoire, Morton Brilliant, Dino Rossi, Ralph Munro, Kirsten Brost

Timeline Tags: Civil Liberties, 2004 Elections

Assistant Attorney General William Moschella sends a letter, written by staffers in the Justice Department’s Office of Legislative Affairs (OLA), to Representative Darrell Issa (R-CA). Issa and other House Republicans have written letters to the DOJ railing against certain US Attorneys’ “failures” to adequately prosecute undocumented immigrants and so-called “alien smugglers,” people who help undocumented immigrants cross the border from Mexico into the US (see February 2, 2004 and July 30, 2004). Issa’s primary target of criticism is Carol Lam of the Southern District of California. Moschella’s letter emphasizes the “enormous challenge” that Lam and other US Attorneys in border districts (Southern Texas, Western Texas, New Mexico, Arizona, and Southern California) face “in trying to enforce our criminal immigration and narcotics laws along that border.” The number of immigration-related prosecutions in most of those districts has soared, the letter reads, straining those districts’ already-thin financial and personnel resources. The director of the Executive Office for US Attorneys (EOUSA) has already contacted Lam and other border-district US Attorneys, Moschella says, concerning ways to improve their “response[s] to immigration violations.” The EOUSA staff will draft a letter for Lam’s signature to respond to Issa in mid-2005. [US House of Representatives, Committee on the Judiciary, 4/13/2007 pdf file] Issa receives the letter on January 25, 2005. [National Review, 3/28/2007; US House of Representatives, Committee on the Judiciary, 4/13/2007 pdf file]

Entity Tags: Office of Legislative Affairs, Darrell E. Issa, US Department of Justice, Executive Office for US Attorneys (DOJ), Carol C. Lam, William E. Moschella

Timeline Tags: Civil Liberties

White House chief counsel Alberto Gonzales discusses firing some or all of the 93 US Attorneys with Kyle Sampson, a Justice Department counsel for Attorney General John Ashcroft (see 2001-2003). White House emails do not definitively show that White House political chief Karl Rove is behind the push to fire the Attorneys, though they do indicate Rove has some involvement. According to a January 2005 email from Sampson (see January 9, 2005), Sampson discusses the matter with Gonzales in late December, and, the email states, “As an operational matter we would like to replace 15-20 percent of the current US Attorneys—underperforming ones.” It is clear that Sampson is referring to himself and Gonzales as “we.” (Gonzales will later deny any recollection of any such discussion with Sampson.) The White House will later say that the idea of firing all 93 US Attorneys originated with White House counsel Harriet Miers and not Rove (see November 2004). White House spokesperson Dana Perino will say: “Karl Rove has a recollection of hearing it from Harriet and thinking it was a bad idea. There is nothing in this email that changes that.… [It] does not contradict nor is it inconsistent with what we have said.” Miers will not begin her stint as White House counsel until February 2005, calling Perino’s version of events into question, even though Perino will later say that Miers was involved in issues surrounding the job for several months before officially assuming the post. [US News and World Report, 3/16/2007; Talking Points Memo, 3/16/2007; Talking Points Memo, 2011] In March 2007, the Justice Department’s Director of Public Affairs Tasia Scolinos will issue a statement claiming that Gonzales “has no recollection of any plan or discussion” to replace the US Attorneys when he was still White House counsel. Scolinos will note that the December 2004 discussion took place while Gonzales was preparing to transition to the Justice Department as attorney general, and will add that such discussions would have been “appropriate and normal” because the White House was “considering different personnel changes administration-wide.” [US News and World Report, 3/16/2007]

Entity Tags: Dana Perino, D. Kyle Sampson, Tasia Scolinos, Karl C. Rove, Harriet E. Miers, Alberto R. Gonzales

Timeline Tags: Civil Liberties

Republican Party officials in Wisconsin prepare a report, “Fraud in Wisconsin 2004: A Timeline/Summary,” that purports to document 65 “voter fraud” instances that they claim had a negative impact on the 2004 elections. US Attorney Steven Biskupic will investigate the claims in the report and find no evidence that crimes were committed. The document is later released by the House Judiciary Committee as part of its investigation into the 2006 US Attorney firings (see March 10, 2006, December 7, 2006, and December 20, 2006); Biskupic is listed for firing just after the report is disseminated (see March 2, 2005). The document is written by Chris Lato, the communications director for the Wisconsin Republican Party, under the auspices of the state GOP’s executive director Rick Wiley. Wiley commissioned the report for White House political chief Karl Rove; in 2007, a source described in the Milwaukee Journal-Sentinel as having “knowledge of the situation” will tell a reporter: “The report was prepared for Karl Rove. Rick wanted it so he could give it to Karl Rove.” The 30-page report spans the time period from August 31, 2004 through April 1, 2005, and contains reports and summatives with titles such as “RPW [Republican Party of Wisconsin] News Release: Evidence of Election Fraud Piles Up.” In March 2005, White House counselor Dan Bartlett, whose primary role is handling communications issues, identifies Wisconsin as one of the states from which the White House had “received complaints about US Attorneys.” In April 2005, Rove sends a copy of the report to White House counsel Harriet Miers, with a handwritten note calling it “a good summary” of the various voter fraud allegations in Wisconsin, and a notation about an allegation of more votes being cast in certain precincts than those precincts have registered voters, with “proof” of that allegation being that a “local newspaper” assigned “an investigative reporter” to look into the charges. “I was assured Saturday while I was in Milwaukee that the issue of more voters than people on the registration list is real,” Rove writes to Miers. The information in the RPW report will later be incorporated into a larger report disseminated in July 2005 by the American Center for Voting Rights Legislative Fund (ACVR), entitled “Vote Fraud, Intimidation & Suppression in the 2004 Presidential Election.” ACVR officials Brian Lunde and Mark “Thor” Hearne will write that their report “documents hundreds of incidents and allegations from around the country.… [T]housands of Americans were disenfranchised by illegal votes cast on Election Day 2004.… [P]aid Democrat operatives were far more involved in voter intimidation and suppression activities than were their Republican counterparts.” The report concludes that “government-issued photo ID” requirements will “help assure” that “no American is disenfranchised by illegal votes.” [Milwaukee Journal-Sentinel, 4/7/2007 pdf file; In These Times, 4/18/2007; US House of Representatives, Committee on the Judiciary, 7/30/2009 pdf file] US Attorney David Iglesias will later say of ACVR and similar organizations: “I hope the media keeps shining the spotlight on groups like the American Center for Voting Rights, the ACVR, who has been engaging in this type of voter suppression actions, especially targeting elderly people and minorities. And I mean, if you’re an American citizen who is not a felon, you have the right to vote.” [Democracy Now!, 6/4/2008] Miers will later testify that she has a vague recollection that she believed there was another explanation besides voter fraud for Rove’s “more voters than people on the registration list” characterization. She will recall hearing from the Justice Department “[t]hat the voting precinct in the county lines didn’t match. So in fact, there were instances where it really could be people voting in larger numbers than actually was the county population.” She will say that she believes she learned this from Deputy Attorney General Paul McNulty, but will not state this with certainty. “[I]t may be that it came from Bill Kelley,” she will say, referring to her deputy William Kelley. [US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file]

Entity Tags: Chris Lato, Steven M. Biskupic, William Kelley, Brian Lunde, American Center for Voting Rights, Rick Wiley, American Center for Voting Rights Legislative Fund, Wisconsin Republican Party, Mark (“Thor”) Hearne, Dan Bartlett, David C. Iglesias, Milwaukee Journal-Sentinel, Paul J. McNulty, Harriet E. Miers, Karl C. Rove, House Judiciary Committee

Timeline Tags: Civil Liberties

US Attorney John McKay of the Western District of Washington State (see October 24, 2001) issues a noncommital statement on allegations of voter fraud in the highly disputed governor’s race between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). McKay, along with the FBI and the Justice Department, have examined the evidence presented in the allegations (see December 2004), and found no reason to bring any indictments (see January 4, 2005). Shortly after McKay issues the statement, Ed Cassidy, the chief of staff for US Representative Doc Hastings (R-WA), telephones McKay to discuss the race. According to McKay’s recollection, Cassidy begins asking him about the election and the potential investigation, and McKay responds with what he will call information consistent with his public statement. When Cassidy says, “You know, John, it’s really important—” McKay interrupts him and says, “Ed, I’m sure you’re not about to start talking to me about the future direction of this case.” McKay will recall taking a very stern tone with Cassidy. Cassidy terminates the call. (Cassidy will recall McKay saying, “I hope you’re not asking me to tell you something that I can’t tell you.”) McKay informs his First Assistant US Attorney and the criminal chief, Assistant Attorney General Alice Fisher, about the call. Both say he conducted himself appropriately. All of them decide there is no need to report the call to the Justice Department, because Cassidy did not cross the line and demand that McKay open an investigation. McKay will later say he is “concerned and dismayed by the call” from Cassidy. Cassidy will say he did not place the call at the behest of Hastings, but because of the outrage among state Republicans at Gregoire’s victory. Cassidy will say that he wanted to make sure Hastings did not make any inappropriate public statements if there was indeed a federal investigation opening. He will say that his telephone call to McKay is merely to head off the possibility of Hastings making what he calls “intemperate remarks” about the election. He will also say that his call to McKay “was a routine effort to determine whether allegations of voter fraud in the 2004 gubernatorial election were, or were not, being investigated by federal authorities,” and will say that he did not violate ethical boundaries in the conversation. Hastings will call Cassidy’s discussion with McKay “entirely appropriate,” and will add, “It was a simple inquiry and nothing more—and it was the only call to any federal official from my office on this subject either during or after the recount ordeal.” Hastings will say that he did not ask Cassidy to place the call, but will recall probably receiving some constituent complaints about the election and the alleged voter fraud that some callers said “gave” the election to Gregoire. He will say that he never had any misgivings about McKay. [TPM Muckraker, 3/6/2007; Seattle Times, 3/7/2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] (A later Talking Points Memo report on the Cassidy-McKay discussion will inaccurately place it as taking place in November, before the recounts are completed.) [Talking Points Memo, 2011]

Entity Tags: John L. McKay, Ed Cassidy, Richard (“Doc”) Hastings, Christine O. Gregoire, Federal Bureau of Investigation, Alice Fisher, US Department of Justice, Dino Rossi

Timeline Tags: Civil Liberties

White House deputy counsel David Leitch emails Justice Department lawyer Kyle Sampson (see 2001-2003) regarding the proposed firings of some or all of the 93 US Attorneys (see Late December 2004). Leitch is forwarding an email from Colin Newman, a paralegal in the White House counsel’s office. Newman, via Leitch, is relaying questions from White House political chief Karl Rove. According to Newman, “Karl Rove stopped by to ask [Leitch]… how we planned to proceed regarding US Attorneys, whether we are going to allow all to stay, request resignations from all and accept only some of them, or selectively replace them, etc.” In his forward, Leitch asks Sampson if they can discuss the matter. [US Department of Justice, 1/9/2005 pdf file; Washington Post, 3/12/2007; ABC News, 3/15/2007; US Department of Justice, Office of the Inspector General, 9/29/2008; US House of Representatives, Committee on the Judiciary, 7/30/2009 pdf file; Talking Points Memo, 2011] In 2009, Rove will testify about his memory of this email exchange. He will say that he went to Leitch’s office because “I assume I heard rumors that we might be going down the path of trying to get—replace all 93” US Attorneys. He will recall “being told at some point that the idea was dead, and they weren’t going to be pursuing it. I don’t know whether that happened immediately after this or somewhat later.… I don’t know whether it was Mr. Leitch or Ms. Miers [White House counsel Harriet Miers] that conveyed that they were not going to replace all 93.” Rove will say that he did not support Sampson’s plan to remove and replace “15 to 20 percent” of the sitting US Attorneys (see January 9, 2005). “What I was in favor of was Justice Department making an evaluation of the US Attorneys and recommending who they felt to the president ought to be replaced,” Rove will say. “I had no knowledge of the workings of the individual offices sufficient enough to give me a basis on which to make any judgment about whether anybody should be replaced or how many should be replaced.… [I]t was not my role. It was the role of the Justice Department. The White House didn’t have the tools, I certainly didn’t have the tools to make a proper evaluation.” [US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file]

Entity Tags: D. Kyle Sampson, Colin Newman, David Leitch, Karl C. Rove, Harriet E. Miers, US Department of Justice

Timeline Tags: Civil Liberties

Washington State Republicans file a lawsuit challenging the results of an election recount that gave Christine Gregoire (D-WA) the victory in a close race for the governorship against Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). Rossi’s recent demand for an entirely new election was not heeded (see December 29-30, 2004). Rossi announces the lawsuit, challenging the validity of the recounts that eventually gave Gregoire the victory. He says that if the court finds in his favor, he would again ask for a new election: “It’s clear that this election is a mess. A re-vote is the only way I think we can go.” The suit is being filed in Chelan County Superior Court, an eastern county. Republicans say they prefer this venue to a court in Western Washington, which they say is more liberal. Kirsten Brost of the Washington Democratic Party says that regardless of what the court may say, there is no provision in state law for a new election. “If they are going to have another election, they would have to amend the state Constitution,” she says. Rossi and state Republicans are claiming that voter fraud gave Gregoire the victory. “We’ve found people who are felons that have voted, we’ve found people who have voted more than once,” Rossi says. “We’ve also found people who have remained politically active after they are dead.” [New York Times, 1/7/2005]
Reports of Dead People Casting Votes - The Seattle press recently reported that a Seattle resident had cast a vote on behalf of his wife who had died shortly before the election. The man said his wife wanted him to cast her vote for Rossi, and he did so. “A dead person cannot vote, not even for me,” Rossi says. Seattle prosecutors are investigating the charge, along with evidence that at least seven other ballots for dead voters were cast. One of the eight cases uncovered by the Seattle press was due to an administrative error that inaccurately listed a living voter as having died. Another vote cast by a woman who died in August was challenged by the woman’s husband, who insists that he destroyed the absentee ballot mailed to their residence after she died. A third case involves a woman using her deceased husband’s absentee ballot instead of the one mailed in her name. Another was cast by a man who filled out his absentee ballot, then died before he mailed it. His wife mailed the ballot on his behalf. “These are not indications of fraud,” says Bill Huennekens, King County’s elections supervisor. “Fraud is a concerted effort to change an election.” [Seattle Post-Intelligencer, 1/6/2005; New York Times, 1/7/2005]
Hundreds of Provisional Ballots Causing Controversy - More to the point are the hundreds of provisional ballots which may have been improperly counted. Republicans say that King County, the state’s largest county and a reliable Democratic stronghold, counted many provisional votes without determining that the people who cast them were registered voters. King County officials recently admitted that 348 provisional ballots were mistakenly counted. Gregoire was certified the winner by 129 votes, though it is unlikely that all 348 provisional ballots were cast for Gregoire.
Minor Mistakes Being Used to Challenge Election? - Brost says that Republicans are pointing at a small number of routine tallying errors and trying to use them to reverse a legitimate outcome. “In order to throw out this election,” she says, “they would have to prove that the mistakes made resulted in the wrong person winning. It’s not sufficient to just say there’s mistakes.” Secretary of State Sam Reed (R-WA) says he approves of the lawsuit. “A court of law is the proper forum to provide a judicious and objective answer to legitimate questions raised about the elections and its results,” he says. [New York Times, 1/7/2005]

Entity Tags: Washington Republican Party, Dino Rossi, Christine O. Gregoire, Bill Huennekens, Kirsten Brost, King County (Washington), Sam Reed

Timeline Tags: Civil Liberties, 2004 Elections

Justice Department lawyer Kyle Sampson (see 2001-2003) responds to an email from White House deputy counsel David Leitch regarding the proposed firing of some or all of the nation’s 93 US Attorneys (see January 6, 2005). Sampson confirms that he has spoken with White House counsel Alberto Gonzales about the proposal “a couple of weeks ago” (see Late December 2004). Sampson delineates his “thoughts” to Leitch in four points. He notes that while US Attorneys serve at the “pleasure of the president,” they generally serve four-year terms. (Sampson is aware that all 93 US Attorneys have been informed that they will not be asked to resign as President Bush’s second term commences—see November 4, 2004—and is also aware that Gonzales and White House deputy counsel Harriet Miers are discussing replacing some or all of the US Attorneys—see November 2004 and Late December 2004.) It would be “weird” to ask them to leave before their terms are complete. Sampson goes on to note the “historical” practice of allowing US Attorneys to complete their terms, even if there is a party change in the administration; he does not mention that the incoming 1992 Clinton administration, and the incoming 2000 Bush administration, both asked all or almost all 93 US Attorneys to leave without regard to completing their terms (see March 24, 1993 and January 2001). Sampson then writes that “as an operational matter, we would like to replace 15-20 percent of the current US Attorneys—the underperforming ones. (This is a rough guess; we might want to consider doing performance evaluations after Judge [Gonzales] comes on board.) The vast majority of US Attorneys, 80-85 percent, I would guess, are doing a great job, are loyal Bushies, etc., etc. Due to the history, it would certainly send ripples through the US Attorney community if we told folks that they got one term only (as a general matter, the Reagan US Attorneys appointed in 1981 stayed on through the entire Reagan administration; Bush 41 even had to establish that Reagan-appointed US Attorneys would not be permitted to continue on through the Bush 41 administration—indeed, even performance evaluations likely would create ripples, though this wouldn’t necessarily be a bad thing).” Sampson predicts that “as a political matter… I suspect that when push comes to shove, home-state senators likely would resist wholesale (or even piecemeal) replacement of US Attorneys they recommended.” However, he writes, “if Karl [Rove, the White House political chief] thinks there would be policitical [sic] will to do it, then so do I.” [US Department of Justice, 1/9/2005 pdf file; ABC News, 3/15/2007; US Department of Justice, Office of the Inspector General, 9/29/2008; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file; Talking Points Memo, 2011] The original email seems to come from another aide in the White House Counsel’s Office, Colin Newman, who told Leitch that Rove “stopped by to ask you (roughly quoting) ‘how we planned to proceed regarding US Attorneys, whether we were going to allow all to stay, request resignations from all and accept only some of them, or selectively replace them, etc.’ I told him that you would be on the hill all day for the judge’s hearing, and he said the matter was not urgent.” Leitch responded by forwarding the email to Sampson with the comment, “Let’s discuss.” [US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file] Newman’s email is dated January 6, and the reference to “the judge’s hearing” seems to refer to White House counsel Alberto Gonzales’s contentious hearing on the Geneva Conventions before the Senate Judiciary Committee on that date (see January 6, 2005).
Downplaying White House Involvement - In the 2008 investigation of the US Attorney firings by the Justice Department’s Office of the Inspector General (see September 29, 2008), Leitch will say that he has no recollection of discussing the matter with Sampson, Rove, or anyone else. He will leave the White House Counsel’s Office shortly after this email exchange. [US Department of Justice, Office of the Inspector General, 9/29/2008] In 2009, Miers will testify that she does not recall specifics of these discussions. She will say: “I don’t have a recollection of that, but it wouldn’t surprise me if that happened, that would be some general discussion of, well, we have the Justice Department saying we have a certain number that we feel should be looked at and that that is better because it doesn’t create the upheaval that removing all of the US Attorneys would have. I think the original discussion did not involve the kind of plan, as that term has been used, that eventually evolved.” At this point, Miers will say, the idea of firing a large number of US Attorneys on the same day had not been discussed. The Justice Department, she will say, would make the decisions as to whom, if anyone, should be terminated, not the White House. Asked specifically about Rove’s Office of Political Affairs (OPA), she will say that it would merely play a consulting role in the process: “I did ask that they assist, in the areas where there might be removals, the location of sources for recommendations. And so the political office was as it is called; they had the political piece.” The Counsel’s Office would not ask OPA for recommendations of replacements for the ousted US Attorneys, she says: “We would turn to them for identification of the sources that you could go to and ask for people to be considered. You wouldn’t turn to them and say tell us who we ought to recommend.” However, “if they had a preference for, someone, they would state it so that they certainly had input.” [US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file] In 2009, Rove will deny ever seeing the email or discussing the matter with Sampson, and will say, “The implication that somehow this was addressed to me and I somehow received it is inaccurate.” [US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file] Miers claims no memory of Rove ever attending a Judicial Selection Committee meeting to discuss the removal of a specific US Attorney. She will recall discussions of the removal of US Attorney David Iglesias (see October 18, 2001) by OPA members, including Rove. [US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file]

Entity Tags: Colin Newman, Alberto R. Gonzales, Bush administration (43), White House Counsel’s Office, White House Office of Political Affairs, Harriet E. Miers, D. Kyle Sampson, Karl C. Rove, Clinton administration, David Leitch, David C. Iglesias

Timeline Tags: Civil Liberties

Jared Taylor.Jared Taylor. [Source: Jared Taylor]The Pittsburgh Post-Gazette publishes a profile of Jared Taylor, an academic often seen and heard on news and opinion broadcasts as a “race-relations expert,” but called by the Post-Gazette “a racist in the guise of [an] ‘expert.’” The profile follows a number of radio appearances made by Taylor on January 17, the federal holiday honoring the birth of Dr. Martin Luther King Jr.; Taylor, according to the Post-Gazette, told his audiences that King “was a philanderer, a plagiarist, and a drinker who left a legacy of division and resentment, and was unworthy of a national holiday.” Taylor heads the New Century Foundation (NCF), a Virginia-based organization that promotes the ideas that blacks are genetically less intelligent than whites, are sexually promiscuous because of hyperactive sex drives, and other pseudo-scientific ideas about blacks and other minorities. The Post-Gazette writes that “Taylor keeps company with a collection of racists, racial ‘separatists,’ and far-right extremists,” including some of the NCF board members, who have included members of the Council of Conservative Citizens (CCC), the successor to the White Citizens Councils of the 1950s and ‘60s; a member of the American Friends of the British National Party (BNP), a far-right neo-Nazi political party in Britain; and an anti-immigration author who has reviewed books for a Holocaust denial journal. Taylor publishes American Renaissance magazine, which regularly publishes “academic” follies that “prove” multiculturalism is wrong. He once wrote for the magazine, “If whites permit themselves to be displaced, it is not just the high culture of the West that could disappear but such things as representative government, rule of law, and freedom of speech, which whites usually get right and everyone else usually gets wrong.” Taylor, like former Klan leader David Duke, Web site owner and former Klansman Don Black (see March 1995), and others, is among the leaders of what the Post-Gazette calls “the new tactics of white supremacy.” Taylor and his confreres eschew the crude race-baiting and calls for explicit violence for more dispassionate, pseudo-academic and media-friendly presentations that use false science and “moderate” language to push their racist views. Taylor’s staff secured a half-dozen radio spots for King’s holiday by sending out the following email to dozens of radio stations: “Not everyone celebrates the legacy of Martin Luther King. Editor of American Renaissance magazine and race-relations expert Jared Taylor would be pleased to offer your listeners a view of Dr. King that challenges conventional wisdom.” The email listed Taylor’s resume: degrees from Yale and the Institute for Political Study in Paris, business consultant in Japan, author of four books. “Jared Taylor is the cultivated, cosmopolitan face of white supremacy,” says Mark Potok of the Southern Poverty Law Center. “He is the guy who is providing the intellectual heft, in effect, to modern-day Klansmen.” Taylor denies ever being a member of the Klan, or even knowing any Klan members, but both Black and Duke have appeared at his American Renaissance conferences; Potok has a photograph of Black having a beer at Taylor’s kitchen table. Taylor routinely denies publishing racially inflammatory material in his magazine, even when confronted with the actual published material, and denies writing white supremacist material for the BNP’s monthly magazine, Spearhead, even though his work (published under his “other name,” Samuel Taylor, is readily accessible). He says that those who call him a racist merely want to avoid having a rational discussion about his ideas. However, his ties with racist organizations are easily proven. Taylor has hosted former BNP leader John Tyndall at his home in Oakton, Virginia. The NCF’s 1999 tax returns list the Council of Conservative Citizens (CCC) as an organization to which the NCF is “related… through common membership, governing bodies, trustees, officers, etc.” [Pittsburgh Post-Gazette, 1/23/2005] The Anti-Defamation League will later write, “[Taylor] maintains ties to a variety of racist organizations, publications, and individuals, both domestic and international, and many of North America’s leading intellectual racists have written for American Renaissance or have addressed the biennial American Renaissance conferences.” [Anti-Defamation League, 2011]

Entity Tags: John Tyndall, Anti-Defamation League, American Friends of the British National Party, Council of Conservative Citizens, Don Black, Mark Potok, Pittsburgh Post-Gazette, New Century Foundation, Samuel Jared Taylor, David Duke

Timeline Tags: Domestic Propaganda

Washington State Republicans claim they have found 489 felons who illegally voted in the November 2004 election, and 300 or more votes that they allege were cast illegally. They are challenging the results of a recount that gave Christine Gregoire (D-WA) the governorship of Washington over Republican challenger Dino Rossi (R-WA—see January 7, 2005). Four hundred and twenty-four of those alleged felons are in King County, Washington’s largest county and a heavily Democratic stronghold. Seattle is in King County. Fourteen alleged felons are in Pierce County, which includes the large urban area of Tacoma. A Seattle Times investigation has found 129 felons in King and Pierce counties who voted without having their rights restored. Both the Times and the Washington GOP are using criminal records databases to make their determinations, and public voting records from the Office of the Secretary of State. It is not recorded which candidates these alleged felons voted for. Washington Republicans say that they have found more than enough evidence of improper voting to justify a new election (see December 29-30, 2004), but Washington Democratic Party official Kirsten Brost says, “There’s no proof that Dino Rossi won the election, and that’s what you need to show.” [Seattle Times, 1/27/2005; Seattle Times, 1/29/2005]

Entity Tags: King County (Washington), Christine O. Gregoire, Dino Rossi, Seattle Times, Washington Republican Party, Pierce County (Washington), Kirsten Brost

Timeline Tags: Civil Liberties, 2004 Elections

Dennis Mahon, a white supremacist in Catoosa, Oklahoma (see 1973 and After, August 1994 - March 1995, November 1994, and February 9, 1996 and After), tells Rebecca Williams he committed multiple terrorist bombings since the early 1980s. Mahon is not aware that Williams is an informant working for the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF), nor that Williams’s trailer, in which he makes his statements, is wired for both audio and video. Mahon is showing Williams an album of old pictures, his old Ku Klux Klan robe, and other memorabilia of his life in the white supremacist movement, when he tells Williams about the bombings he says he committed, many with his twin brother Daniel. The bombing targets included an abortion clinic, a Jewish community center, and the offices of IRS and immigration authorities. Mahon says he made his bombs with ammonium nitrate, fuel oil, and powdered sugar “for an extra bang,” and says he set the bombs off at 2 a.m. to avoid casualties but still send a message. Williams is one of the few informants to gain such access into what TPM Muckraker calls the “network of so-called ‘lone wolf’ extremists, a loose-knit group of racists and anti-government types who seem to always be looking for ways to start or win an ever-coming race war.” The same network produced “lone wolf” Timothy McVeigh, who killed 168 people in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The BATF probe will result in investigations of the Mahons (see January 10, 2012 and After), as well as white supremacist leader Tom Metzger (see 1981 and After) and Missouri survivalist Robert Joos, who stockpiled weapons in caves on his farm near the Ozarks. On January 26, 2005, Williams moves into a rental trailer in the Catoosa trailer park and puts a Confederate flag sticker in her window. She is much younger than the 54-year-old Mahon and, according to TPM Muckraker, is both attractive and able to handle herself around dangerous males. (The BATF initially provides little background information on Williams to the media; later the media learns that her brother was a BATF informant who infiltrated a motorcycle gang, and that she became an informant for the money. She has formerly worked as, among other jobs, an exotic dancer.) The same day that she moves in, the Mahon brothers come over to introduce themselves. “I’m a girl and they’re guys and, you know, guys like to talk to pretty girls so they—we just started talking,” she later testifies. Williams will establish a friendship with the brothers that will last four years, most of it recorded by BATF cameras and microphones. Her pickup truck is wired, and she even has a microphone on her key chain. Within hours of meeting her, Dennis Mahon brags about the bombings he carried out, and Daniel Mahon speaks of drive-by shootings and car bombings. Daniel tells her: “We thought we were doing the right thing. We were just trying to send a message. When I would take someone’s car out, it wasn’t anger. It was a sense of duty. It is like a military operation. You plan for it, equip for it.” When Williams asks if they had ever sent package bombs, Dennis whispers, “In Tempe, Arizona, Godd_mn diversity officer, Scottsdale Police Department, had his fingers blown off.” He then backs away from his admission and says he showed “white cops how to do it.” Williams is flirtatious with the brothers, and mails them photographs of herself in a bikini with a grenade hanging from around her neck, and of her standing in front of a swastika flag. Williams’s investigation documents the Mahons’ close connection to Metzger, Joos, and other white supremacists; Joos will be convicted of multiple weapons charges, but Metzger will not be charged with any crime (see June 25, 2009). [TPM Muckraker, 1/10/2012; Associated Press, 1/26/2012]

Entity Tags: Tom Metzger, Daniel Mahon, Dennis Mahon, Robert Joos, Rebecca Williams, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

The latest of several experienced prosecutors quits his job at the office of US Attorney Kevin Ryan of the Northern District of California (see August 2, 2002). The prosecutor sends an office-wide “open letter” to Ryan complaining about long-standing morale and attrition problems, and credits Ryan’s poor management style with creating the issue. The letter is quickly forwarded to staff members in other US Attorneys’ offices, and to the Executive Office for US Attorneys (EOUSA) in the Justice Department. Complaints about Ryan have already been forwarded to the EOUSA (see Fall 2004). The chief judge in Ryan’s district, who made the earlier complaint, sends Associate Deputy Attorney General David Margolis the open letter and asks him to consider the issue. Margolis and EOUSA chief Mary Beth Buchanan schedule a meeting with Ryan and his First Assistant US Attorney for March 21. Margolis will later say of the meeting that he “read [Ryan] the riot act” about the issues in his office, and suggests that Ryan should ask the Justice Department to undertake a special review of his management issues. Margolis will later say that Ryan does not request such a review. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Kevin J. Ryan, Executive Office for US Attorneys (DOJ), Mary Beth Buchanan, David Margolis, US Department of Justice

Timeline Tags: Civil Liberties

Superior Court Judge John Bridges rules that Washington State will not have a new election to determine who is governor of the state. Bridges is presiding over a lawsuit filed by Washington Republicans that asks him to throw out the recount that determined Christine Gregoire (D-WA) defeated Dino Rossi (R-WA) in the November 2004 election (see January 7, 2005). Gregoire was sworn in as governor on January 12, 2005 (see December 23, 2004 - January 12, 2005). Bridges rules that even if Republicans prove their contention that the election was so fundamentally flawed that the results are in doubt (see January 24-28, 2005), state law does not allow for a revote. “The court doesn’t have the authority,” Bridges rules. Bridges also throws out a Democratic request to have the case thrown out entirely. Republicans call the ruling a minor victory for Democrats that means little in the larger context, but Democrats call the ruling the beginning of the end for Republican hopes of having Gregoire’s victory vacated. Rossi’s campaign calls the ruling “a crushing day for Democrats.” A lawyer for the Washington Democratic Party, Russell Speidel, calls the ruling “a huge decision for Christine Gregoire.” Speidel says that under Bridges’s rulings, Republicans “now have to specifically prove that Mr. Rossi won the election,” an extremely difficult legal goal to meet. Speidel says that in essence, Republicans would have to march hundreds of people through the court to admit that they cast illegal votes for Gregoire. Republicans say that Speidel’s assessment is flawed. [Seattle Post-Intelligencer, 2/4/2005]

Entity Tags: Russell Speidel, Christine O. Gregoire, John Bridges, Dino Rossi

Timeline Tags: Civil Liberties, 2004 Elections

Carol Lam, the US Attorney (USA) for Southern California (see November 8, 2002), undergoes an Evaluation and Review Staff (EARS) performance review undertaken by the Justice Department. Lam does well in the review. The review finds that she is “an effective manager… respected by the judiciary, law enforcement agencies, and the USAO [office] staff.” The review does note concerns about her office’s prosecution of firearms and immigration cases. The report states: “The USAO intake and initial processing of criminal cases worked smoothly except for firearms cases.… The number of firearms cases prosecuted by the USAO was well below the national average and well below the average of other USAOs in California.… [T]he number of immigration cases handled per AUSA [Assistant US Attorney] work year was statistically lower than the immigration cases handled per AUSA work year in the other Southwest Border USAOs.” The head of the Executive Office for US Attorneys, Mary Beth Buchanan, will write in a follow-up letter to the EARS review, “Your report makes clear the emphasis you have put on carrying out department priorities and maintaining a solid management practice.” [US House of Representatives, Committee on the Judiciary, 6/15/2007 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Mary Beth Buchanan, Executive Office for US Attorneys (DOJ), US Department of Justice, Carol C. Lam

Timeline Tags: Civil Liberties

Attorney General Alberto Gonzales appoints three Justice Department officials to senior positions, including lawyer D. Kyle Sampson as his deputy chief of staff. Sampson serves under Theodore Ullyot, who is now Gonzales’s chief of staff. Ullyot comes to the department from the White House, where he was a deputy assistant to the president and deputy staff secretary. Sampson has been a counselor to the attorney general since 2003 (see 2001-2003), and also serves as a Special Assistant US Attorney in the Eastern District of Virginia. Like Ullyot, Sampson also served a stint in the White House, as associate counsel to the president and as special assistant to the president and associate director for presidential personnel. [US Department of Justice, 2/15/2005] In October 2005, Ullyot will leave the Justice Department to work in the corporate realm, resulting in the promotion of Sampson to chief of staff. [Forbes, 2013]

Entity Tags: Theodore W. (“Ted”) Ullyot, D. Kyle Sampson, US Department of Justice, Alberto R. Gonzales

Timeline Tags: Civil Liberties

John Negroponte.John Negroponte. [Source: Public domain]President Bush nominates John Negroponte to be the first director of national intelligence, a new position created to oversee all the various US intelligence agencies. Negroponte has been serving as the US ambassador to Iraq for the previous year. Prior to that he had been the US ambassador to the United Nations and held a variety of other government positions. [New York Times, 2/17/2005] The nomination is controversial because, as the Los Angeles Times reports, “While ambassador to Honduras from 1981-85, Negroponte directed the secret arming of Nicaragua’s Contra rebels and is accused by human rights groups of overlooking—if not overseeing—a CIA-backed Honduran death squad during his tenure.” Additionally, “He also helped orchestrate a secret deal later known as Iran-Contra to send arms through Honduras to help the Contras overthrow the Sandinista government.” [Los Angeles Times, 3/26/2001] On April 21, 2005, the Senate will confirm Negroponte by a vote of 98 to two. In 2007, then-CIA analyst Valerie Plame Wilson will describe the establishment of a new position as a shocking blow to morale in the agency. Once Negroponte assumes the position, she will write, “the name ‘Central Intelligence Agency’ [becomes] a misnomer.” CIA employees were promised that the “new DNI structure would not be just an ‘extra bureaucratic layer’ over the CIA, but that’s exactly what it would become. It seemed to me that the White House was bent on emasculating the CIA by blaming it for the failures in Iraq and anything else they thought they could throw at the agency and have stick.” [Wilson, 2007, pp. 219] She will write of the announcement: “I remember standing in counterproliferation division’s large conference room in early 2005 when the creation of the DNI was announced to the division workforce. Our chief swore that the DNI would not be just another layer of useless bureaucracy—everyone acknowledged that we already had plenty of that. The veterans of intelligence reorganizations past made cynical comments under their breath.” Plame Wilson will observe that the reorganization of the US intelligence community under the DNI will be “an abysmal failure.” [Wilson, 2007, pp. 248]

Entity Tags: George W. Bush, John Negroponte, Bush administration (43), Office of the Director of National Intelligence, Valerie Plame Wilson

Timeline Tags: Complete 911 Timeline, Civil Liberties, Iran-Contra Affair

Kyle Sampson, the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), sends a list of the 93 current US Attorneys to White House counsel Harriet Miers. Each US Attorney is listed in either plain type, boldface, or “strikeout,” meaning a line is drawn through their name. In a follow-up email on March 2, Sampson explains that, “putting aside expiring terms, the analysis on the chart I gave you is as follows:
Bold - “Recommend retaining; strong US Attorneys who have produced, managed well, and exhibited loyalty to the president and attorney general.
Strikeout - “Recommend removing; weak US Attorneys who have been ineffectual managers and prosecutors; chafed against administration initiatives, etc.
Nothing - “No recommendation; not distinguished themselves either positively or negatively.”
On the copy of the chart released to the House Judiciary Committee in 2009, most of the US Attorneys’ names are redacted. The ones who are not redacted are listed as follows:
bullet Paul K. Charlton, Arizona (see November 14, 2001 and December 2003): nothing;
bullet Bud Cummins, Eastern Arkansas (see January 9, 2002 and April or August 2002): strikeout.
bullet Debra W. Yang, Central California: boldface.
bullet Kevin Ryan, Northern California (see August 2, 2002 and February 2003): nothing. (Ryan’s name is in a different font than the others, suggesting that it has been re-entered; it is difficult to tell from the copy of Sampson’s chart if his name is in boldface or not.)
bullet Carol C. Lam, Southern California (see November 8, 2002 and February 7-11, 2005): strikeout.
bullet Patrick Fitzgerald, Northern Illinois (see October 24, 2001): nothing.
bullet Margaret M. Chiara, Western Michigan (see November 2, 2001 and July 12-16, 2004): strikeout.
bullet Thomas B. Heffelfinger, Minnesota: strikeout.
bullet Dunn O. Lampton, Southern Mississippi: strikeout.
bullet Todd P. Graves, Missouri (see October 11, 2001 and March 2002): nothing.
bullet Daniel G. Bogden, Nevada (see November 2, 2001 and February 2003): nothing.
bullet Christopher J. Christie, New Jersey (see December 20, 2001): boldface.
bullet David C. Iglesias, New Mexico (see October 18, 2001 and 2002): boldface.
bullet Anna Mills S. Wagoner, Central North Carolina: strikeout.
bullet Mary Beth Buchanan, Western Pennsylvania: boldface.
bullet John McKay Jr., Western Washington (see October 24, 2001 and May 2002): strikeout.
bullet Steven M. Biskupic, Wisconsin: strikeout.
bullet Thomas A. Zonay, Vermont: boldface.
On March 2, Sampson sends an email to Miers indicating some revisions to the chart. Heffelfinger and Biskupic have their statuses changed to “strikeout” (referenced above), and Matt Orwig, the US Attorney for the Eastern District of Texas, is listed in boldface. Miers, a Texas native, responds, “Good to hear about Matt actually.” Sampson replies, somewhat cryptically and with careless punctuation and capitalization: “yes he’s good. oversight by me.” [US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file]

Entity Tags: Patrick J. Fitzgerald, Carol C. Lam, Matt Orwig, Steven M. Biskupic, Thomas A. Zonay, Thomas B. Heffelfinger, Todd P. Graves, Mary Beth Buchanan, Anna Mills S. Wagoner, Alberto R. Gonzales, Margaret M. Chiara, Paul K. Charlton, John L. McKay, D. Kyle Sampson, Kevin J. Ryan, Christopher J. (“Chris”) Christie, Daniel G. Bogden, Debra Wong Yang, David C. Iglesias, Harriet E. Miers, Dunn O. Lampton, House Judiciary Committee, H.E. (“Bud”) Cummins III

Timeline Tags: Civil Liberties

The White House Office of Political Affairs is notified about the initiative to fire some US Attorneys (see November 2004, November 4, 2004, Late December 2004, January 6, 2005, January 9, 2005, and March 2, 2005). Sara Taylor, the new White House political affairs director (replacing Karl Rove, who has moved up to become deputy chief of staff, but who is still Taylor’s immediate supervisor—see Late January 2005), will later tell Justice Department investigators (see September 29, 2008) that shortly after she takes the position, she becomes aware that the White House is considering replacing some US Attorneys. Taylor will tell investigators that White House counsel Harriet Miers and others in Miers’s office and in the Justice Department were discussing the idea that the beginning of President Bush’s second term provides a good opportunity to replace some of the Attorneys. [US Department of Justice, Office of the Inspector General, 9/29/2008; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file]

Entity Tags: US Department of Justice, Harriet E. Miers, Sara Taylor, White House Office of Political Affairs, Karl C. Rove

Timeline Tags: Civil Liberties

Jack Bartling, the legal counsel for Senator Christopher “Kit” Bond (R-MO), calls the White House Counsel’s Office (WHCO) several times to demand that the US Attorney for the Western District of Missouri, Todd Graves (see October 11, 2001), be fired. Graves’s single performance review by the Justice Department was excellent (see March 2002), and Bartling’s complaints are not performance-related. Bartling speaks to associate White House counsel Grant Dixton on numerous occasions demanding that Graves be fired. Bartling will speak to Justice Department investigators looking into the 2006 US Attorney purge (see September 29, 2008), and will say that Bond had nothing to do with his efforts to get Graves fired; instead, Bartling will characterize the problem as a “staff issue” being handled by himself and Bond’s chief of staff. Bartling will claim to have never discussed the matter with Bond, as it would have been beneath Bond’s position as “undisputed leader of the Republican congressional delegation in Missouri” to become involved in such a matter. Bartling will say that the demands for Graves’s removal are actually sparked by discord between the staffs of Bond and US Representative Sam Graves (R-MO), Todd Graves’s brother. Representative Graves’s office does “not run business” in a manner the Bond’s staff finds acceptable. Bartling will say that they asked Todd Graves to try to control his brother, but the US Attorney chose not to become involved in the dispute. Bartling will say he raises the issue of Todd Graves’s wife accepting a no-bid contract from Governor Roy Blunt (R-MO) that he says poses a potential conflict of interest for Graves (see February - April 2005). Dixton is the only person in the WHCO who will cooperate with the Justice Department investigation, and he will confirm speaking to Bartling about Graves. According to Dixton, Bartling wants to see Graves removed when Graves’s term of office expires in October 2005. Dixton will say that he cannot recall clearly, but he likely brought the matter to the attention of Kyle Sampson, the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), and to deputy White House counsel William Kelley. Dixton, however, will say that he only spoke to Bartling once, and does not remember speaking to Bartling about Graves’s wife. The Justice Department investigators will determine that Bartling likely spoke to associate White House counsel Richard Klingler as well as Dixton, but Klingler will refuse to cooperate with the investigation. [US Department of Justice, Office of the Inspector General, 9/29/2008] The matter will be referred to the Justice Department (see Summer - Fall 2005).

Entity Tags: Jack Bartling, Christopher (“Kit”) Bond, Grant Dixton, White House Counsel’s Office, William Kelley, D. Kyle Sampson, Richard Klingler, Roy Blunt, US Department of Justice, Todd P. Graves, Sam Graves

Timeline Tags: Civil Liberties

Justice Department official Kyle Sampson (see 2001-2003), now the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005) as well as the Special Assistant US Attorney for the Eastern District of Virginia, sends an email to Gonzales’s successor, senior White House counsel Harriet Miers. Sampson is responding to a late February request for recommendations for firing US Attorneys in case the White House decides to ask for resignations from a “subset” of those officials (see February 24, 2005 and After). In the email, Sampson ranks all 93 US Attorneys, using a set of three broad criteria. Strong performers exhibit “loyalty to the president and attorney general” (see January 9, 2005). Poor performers are, he writes, “weak US Attorneys who have been ineffectual managers and prosecutors, chafed against administration initiatives, etc.” A third group is not rated at all. US Attorney David Iglesias of New Mexico (see October 18, 2001, 2002 and November 14-18, 2005 ) and Kevin Ryan of the Northern District of California (see August 2, 2002) appear on the list as “recommended retaining.” Gonzales has approved the idea of firing some of the US Attorneys.
Denoted for Firing - US Attorneys listed for possible firing are: David York of the Southern District of Alabama; H.E. “Bud” Cummins of the Eastern District of Arkansas (see January 9, 2002 and April or August 2002); Carol Lam of the Southern District of California (see November 8, 2002); Greg Miller of the Northern District of Florida; David Huber of the Western District of Kentucky; Margaret Chiara of the Western District of Michigan (see November 2, 2001); Jim Greenlee of the Northern District of Mississippi; Dunn O. Lampton of the Southern District of Mississippi; Anna Mills S. Wagoner of the Middle District of North Carolina; John McKay of the Western District of Washington state (see October 24, 2001, Late October 2001 - March 2002, and January 4, 2005); Kasey Warner of the Southern District of West Virginia; and Paula Silsby of Maine. Sampson sends a revised listing later this evening with two more names indicated for possible firing: Thomas B. Heffelfinger of Minnesota and Steven Biskupic of the Eastern District of Wisconsin. Sampson says he based his choices on his own personal judgments formed during his work at the White House and the Justice Department, and on input he received from other Justice Department officials. He will later testify that he cannot recall what any specific official told him about any specific US Attorney. He will call this list a “quick and dirty” compilation and a “preliminary list” that would be subject to “further vetting… down the road” from department leaders. [US Department of Justice, 2005 pdf file; US Department of Justice, 2/15/2005; Washington Post, 3/12/2007; US Department of Justice, 3/13/2007 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] Days later, a Federalist Society lawyer will email Mary Beth Buchanan, the director of the Executive Office of US Attorneys, with a recommendation for Lam’s replacement (see March 7, 2005).
Later Recollections - In the 2008 investigation of the US Attorney firings by the Justice Department’s Office of the Inspector General (see September 29, 2008), Gonzales will tell investigators that he supported the concept of evaluating the US Attorneys’ performance to see “where we could do better.” Gonzales will say that he instructed Sampson to consult with the senior leadership of the Justice Department, obtain a consensus recommendation as to which US Attorneys should be removed, and coordinate with the White House on the process. Gonzales will say that he never discussed with Sampson how to evaluate US Attorneys or what factors to consider when discussing with department leaders which US Attorneys should be removed. Sampson will say that he did not share the list with Gonzales or any other department officials, but will say he believes he briefed Gonzales on it. Gonzales will say he recalls no such briefing, nor does he recall ever seeing the list. Then-Deputy Attorney General James Comey and then-Associate Deputy Attorney General David Margolis will tell OIG investigators about their discussions with Sampson. Comey will recall telling Sampson on February 28, 2005 that he felt Ryan and Lampton belonged in the “weak” category, and will say he may have denoted Heffelfinger and another US Attorney, David O’Meilia, as “weak” performers. Comey will say that he was not aware of Sampson’s work with the White House in compiling a list of US Attorneys to be removed. He will say that he considered his conversation with Sampson “casual” and that Sampson “offhandedly” raised the subject with him. Margolis will recall speaking briefly with Sampson about “weak” performers among the US Attorneys in late 2004 or early 2005, but recall little about the conversation. He will remember that Sampson told him about Miers’s idea of firing all 93 US Attorneys (see November 2004), and agreed with Sampson that such a move would be unwise. Margolis will recall Sampson viewing Miers’s idea as a way to replace some US Attorneys for President Bush’s second term, an idea Margolis will say he endorsed. He was not aware that political considerations may be used to compile a list of potential firings. He will recall looking at a list Sampson had of all 93 Attorneys. He will remember citing Ryan and Lampton as poor performers, as well as Chiara. He will remember saying that eight other US Attorneys might warrant replacement. Sampson will tell OIG investigators that he received no immediate reaction from Miers to the list, and will say he did not remember discussing the basis for his recommendations with her. As for McKay, though Washington state Republicans are sending a steady stream of complaints to the White House concerning McKay’s alleged lack of interest in pursuing voter fraud allegations (see December 2004, Late 2004, Late 2004 or Early 2005, January 4, 2005, and January 4, 2005), Sampson will claim to be unaware of any of them and say he would not have used them as justification to advocate for McKay’s termination. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Carol C. Lam, Kevin Ryan, Anna Mills S. Wagoner, Margaret M. Chiara, Bush administration (43), Paula Silsby, Steven M. Biskupic, Alberto R. Gonzales, US Department of Justice, Thomas B. Heffelfinger, John L. McKay, Jim Greenlee, Mary Beth Buchanan, Harriet E. Miers, James B. Comey Jr., David C. Iglesias, D. Kyle Sampson, David Huber, David Margolis, Kasey Warner, David York, David O’Meilia, Executive Office for US Attorneys (DOJ), Greg Miller, Dunn O. Lampton, H.E. (“Bud”) Cummins III

Timeline Tags: Civil Liberties

The Justice Department is sent a letter, apparently via surface mail, that, according to a department control sheet, “request[s] an investigation into the voting irregularities and the certification of the Washington State 2004 election” (see December 23, 2004 - January 12, 2005, December 29-30, 2004, January 7, 2005, January 24-28, 2005, February 4, 2005, and March 5, 2005). The sender of the letter is redacted from the control sheet. The letter is marked as received on March 10. On March 15, the letter is referred to the Civil Rights Division “for component response,” and referred to several other bureaus within the department, including the Offices of the Attorney General and Deputy Attorney General. The Civil Rights Division sends a reply on March 24, 2005. The reply is not included in the documents later released by the Justice Department. [US Department of Justice, 6/21/2007 pdf file]

Entity Tags: US Department of Justice, Civil Rights Division (DOJ)

Timeline Tags: Civil Liberties, 2004 Elections

The Seattle Times reports that Washington State Democrats believe the White House is behind the efforts to force a recount in the November 2004 governor’s race. Christine Gregoire (D-WI) defeated Dino Rossi (R-WI) after a recount gave Gregoire a narrow victory (see December 23, 2004 - January 12, 2005). Since then Rossi and Washington State Republicans have demanded new recounts or even a new election (see December 29-30, 2004). In January 2005, they filed a lawsuit to overturn the election results, alleging voter fraud tainted the vote (see January 7, 2005, January 24-28, 2005, and February 4, 2005). The FBI and US Attorney John McKay have investigated the allegations of voter fraud and found them groundless (see December 2004 and January 4, 2005), though state Republicans have been displeased with those findings (see Late 2004 or Early 2005, Late 2004, and January 4, 2005). As the lawsuit wends its way through the courts, Democrats tell reporters that the evidence being brought to bear by state Republicans in the lawsuit is worthless. One party attorney says their list of alleged illegal voters would end up as toilet paper “in an outhouse on Blewett Pass” on the mountain highway route that leads to the Chelan County courthouse, where the case will be heard. However, solicitations sent by Washington State Democratic Party chairman Paul Berendt say the White House, led by deputy chief of staff Karl Rove, is pushing the GOP lawsuit. Berendt’s letter warns of “guerrilla tactics” by “right-wing attorneys” and “extremist operatives” who are “meticulously crafting a case to unseat Christine Gregoire.” Berendt stands behind the letter, saying: “[W]e believe this, too. We believe that Rove is in regular contact with people here.” Rossi spokesperson Mary Lane confirms that the Rossi campaign is regularly updating the White House on the case, saying: “They’re interested in what’s going on.… We talk to them about it.” However, “[t]here’s certainly no Karl Rove pulling strings.” White House spokesperson Ken Lisaius says no one in the Bush administration is involved in the lawsuit, telling a reporter: “As reluctant as I am to comment on an inflammatory fund-raising piece, those are just not the facts. The White House is not directing any sort of strategy for the Rossi campaign and to suggest otherwise is to suggest someone is not very well informed.” Berendt points to the Rossi campaign’s use of Washington, DC, attorney Mark Braden as chief counsel; Braden spent 10 years as chief counsel to the Republican National Committee. Berendt says his party uses local attorneys. He also cites Rove’s 1994 involvement in the case of an Alabama state Supreme Court election, in which Rove fought for a recount claiming that the election had been “stolen.” The Times writes: “There are parallels to the current dispute here over the governor’s election. In both cases, Republicans held a news conference with the parents of a military voter to question whether overseas ballots were handled properly. Republicans in both states filed a lawsuit that named a long list of public officials as respondents. Both held rallies; business groups financed media campaigns.” Rove’s candidate eventually won (see Early 1994 - October 1995). Berendt says that Rove was also behind failed attempts to force recalls of Republican Secretary of State Sam Reed and Democratic King County Councilman Dow Constantine. Berendt writes, “We know what they’re doing, and we’re going to tell the world that it’s the Bush team, with the Bush tactics, and Karl Rove pulling the strings that’s trying to defeat us.” [Seattle Times, 3/5/2005]

Entity Tags: Karl C. Rove, Dino Rossi, Christine O. Gregoire, Bush administration (43), Dow Constantine, John L. McKay, Mark Braden, Mary Lane, Seattle Times, Paul Berendt, Sam Reed, Federal Bureau of Investigation, Ken Lisaius

Timeline Tags: Civil Liberties, 2004 Elections

Timothy Griffin, after being elected as a US representative in 2010.Timothy Griffin, after being elected as a US representative in 2010. [Source: Politico]Timothy Griffin, a former Republican National Committee aide and a veteran Republican political operative (see October 26, 2004), learns that Kyle Sampson, deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), has identified the US Attorney for Eastern Arkansas, Bud Cummins, as one of several US Attorneys who should be fired (see January 9, 2005 and March 2, 2005). Griffin, a lawyer who has twice attempted to secure that position for himself, learns of the news from Sara Taylor, the White House’s new director of political affairs (replacing Karl Rove, who still supervises all political issues from his new position as deputy chief of staff—see Late January 2005). Griffin is considering joining Taylor’s staff, but even before his hiring, he attends several “directors” meetings at the White House. After one of these meetings, Taylor shows him the list of US Attorneys slated for dismissal. The list includes Cummins. Taylor says she does not know why Cummins is on the list, but she believes it may be because he lost his sponsor, Senator Tim Hutchinson (R-AR), when Hutchinson lost his bid for re-election in 2002. Griffin joins Taylor’s staff, and shortly thereafter meets with White House counsel Harriet Miers, who also tells him that the White House is planning to fire Cummins. She asks Griffin if he is interested in the position, and he says he would like the job after completing a stint in the White House. Miers warns him that it might be difficult to have him approved for the position after having worked for the White House Office of Political Affairs. Miers, Rove, and Taylor discuss Griffin’s employment options through the rest of March. Miers tells Rove that she has considered making Griffin a political appointee in one of the two US Attorneys’ offices in Arkansas, or perhaps having Griffin replace the deputy director of the Office of Legal Policy at the Justice Department. Rove responds, “What about him for the US Attorney for the Eastern District of Arkansas?” Miers replies that such a move is “definitely a possibility” because the current US Attorney, Cummins, is going to be replaced. Miers tells Rove that Griffin has spoken with her about his desire for the slot, but for now he wants to stay with the White House. Taylor responds to the exchange by saying in part, “My fear is they end up putting him [Griffin] at Justice (which he does not want to do); it’s a year before he’s made US Attorney, if ever.” In another email, Taylor writes to Rove that Griffin “would love to be US Attorney—he’d love to come here in the meantime.” Griffin accepts the position of deputy director of political affairs at the White House, promising Taylor that he will stay in the position at least after the November 2006 election unless the US Attorney position opens up before then. For his part, Cummins, who is toying with the idea of leaving the position, speaks with Griffin periodically throughout the year about Griffin taking the position after Cummins resigns. Cummins will later say that he always assumed the choice as to if and when to resign would be his, and that he always assumed Griffin would get the job because he is so well connected politically. Griffin later says he never pushed Cummins to leave, but will tell Justice Department investigators (see September 29, 2008), “I was laying low.” Griffin will say that to his mind, Cummins’s removal and his own ascension to the post were two separate things. “I didn’t know why he was being fired,” Griffin will say, “but I knew that if he was going to be fired, then I wanted to be considered for that job.” Griffin, a member of the Army Reserve, will leave his White House position in August 2005 to serve as a Judge Advocate General officer in Iraq, and will stay in close contact with officials in both the White House and the Justice Department throughout his yearlong tour of duty. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Harriet E. Miers, Bush administration (43), White House Office of Political Affairs, H.E. (“Bud”) Cummins III, US Department of Justice, Sara Taylor, J. Timothy Griffin, Karl C. Rove, Republican National Committee, D. Kyle Sampson, Tim Hutchinson

Timeline Tags: Civil Liberties

Associate White House counsel Dabney Friedrich, acting at the behest of her superior, White House counsel Harriet Miers, sends Kyle Sampson, deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), an email asking him to confirm Miers’s understanding that the “plan” to fire and replace selected US Attorneys (see November 2004, November 4, 2004, Late December 2004, January 6, 2005, January 9, 2005, and March 2, 2005) is “to wait until each has served a four-year term. She was operating under the assumption that we would act to remove/replace right away.” Sampson replies that he, Friedrich, Miers, and Gonzales should discuss the matter, but he has recommended that the attorneys should be replaced “selectively” after their four-year terms expire. Sampson writes that to do otherwise might cause consternation among home-state politicians and “internal management trouble” within the Justice Department. Sampson emphasizes that he is expressing his views and not those of Gonzales. Friedrich replies with her agreement, and says she would be surprised to hear differently from either Miers or Gonzales. Little is said among the principals in the attorney-firing process for several months. The first expirations will not begin until November 2005, and according to a later Justice Department investigation (see September 29, 2008), Sampson will decide to “back-burner” the issue until later in the year. [US Department of Justice, Office of the Inspector General, 9/29/2008; US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file]

Entity Tags: Harriet E. Miers, Alberto R. Gonzales, Dabney Friedrich, US Department of Justice, D. Kyle Sampson

Timeline Tags: Civil Liberties

The FBI searches the home that once belonged to convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and May 26, 2004) and finds explosive materials related to the 1995 bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The bureau acts on a tip that it missed evidence in its search a decade earlier (see 3:15 p.m. and After, April 21-22, 1995). Blasting caps and other explosive materials were concealed in a crawl space of the Herington, Kansas, home, buried under about a foot of rock, dirt, and gravel, an area not searched in the 1995 investigation. FBI agent Gary Johnson says, “[T]he information so far indicates the items have been there since prior to the Oklahoma City bombing.” Nichols’s lawyer, Brian Hermanson, says the discovery is either a hoax or evidence of a major failure by the FBI: “They were there often. It’s surprising. I would think they would have done their job and found everything that was there. But I’m still suspicious that it could be something planted there. The house was empty for several years.” [Associated Press, 4/2/2005] Reportedly, Nichols has admitted conspiring to build the bomb that destroyed the Murrah Federal Building in Oklahoma City (see November 30, 2004).

Entity Tags: Federal Bureau of Investigation, Brian Hermanson, Terry Lynn Nichols, Gary Johnson

Timeline Tags: US Domestic Terrorism

White supremacist Matthew Hale, the leader of the World Church of the Creator (WCOTC—see May 1996 and After), receives a 40-year sentence for soliciting the murder of US District Court Judge Joan Lefkow (see January 9, 2003). Lefkow ruled against Hale’s group in a trademark dispute (see November 2002). Hale is sentenced after a rambling, two-hour statement in which he claims he is the victim. “I have to go back to a solitary cell—I have to go back to hell,” Hale tells Judge James Moody. “They want me to die in a hole.” In his statement, Hale compares the FBI to the Gestapo, says the national news media was out to get him, blames his former lawyer for representing him poorly, and chants the national anthem. He claims that he and Lefkow are “on the same side against these liars.” Moody, unmoved by Hale’s statement, gives Hale the maximum sentence for his crimes. US Attorney Patrick Fitzgerald argued that Hale’s crime was essentially an act of domestic terrorism and Moody agrees. “Mr. Hale is not concerned about taking someone’s life, but rather how to do it without getting caught,” Moody says. “I consider Mr. Hale to be extremely dangerous and the offense for which he was convicted to be extremely egregious.” After the ruling, Fitzgerald tells reporters, “I put no stock in his claims, the crocodile tears, that he didn’t do anything wrong.” Hale’s mother, Evelyn Hutcheson, tells reporters: “I think it’s absolutely horrible. “Matt’s the only one in there telling the… truth.” [National Public Radio, 4/6/2005; Associated Press, 4/7/2005] Hale will serve his sentence at the Florence, Colorado, “supermax” prison, the same prison where convicted bombers Eric Rudolph (see July 18, 2005) and Ted Kaczynski (see April 3, 1996) are held. [Chicago Sun-Times, 4/28/2005]

Entity Tags: World Church of the Creator, Evelyn Hutcheson, James Moody, Joan Humphrey Lefkow, Matthew Hale, Patrick J. Fitzgerald

Timeline Tags: US Domestic Terrorism

Anti-abortion activist Eric Rudolph, who has pled guilty to bombing abortion clinics (see January 16, 1997 and January 29, 1998), a gay and lesbian nightclub (see February 21, 1997), and the 1996 Olympics (see July 27, 1996 and After and October 14, 1998) in a series of court proceedings, releases an 11-page “manifesto” that explains the rationale behind his bombing spree. In the document, which the Associated Press terms “[a] sometimes-rambling, sometimes-reflective” statement, Rudolph writes that he considers himself a “warrior” against abortion, which he calls murder, and the US government, which he charges with permitting the “slaughter” of “innocent babies.” Rudolph will receive four life sentences without parole in return for the prosecution removing the death penalty from consideration (see July 18, 2005). He has also alerted authorities to a large stash of explosives he created while hiding in the mountains of western North Carolina.
Abortion Providers, Lawmakers 'Legitimate Targets' in 'War' - The “holocaust” of abortion is his driving impulse, Rudolph writes in his statement. Anyone who supports or allows abortion, he writes, is an enemy deserving of death. “Because I believe that abortion is murder, I also believe that force is justified… in an attempt to stop it,” he writes, “whether these agents of the government are armed or otherwise they are legitimate targets in the war to end this holocaust.… Abortion is murder. And when the regime in Washington legalized, sanctioned, and legitimized this practice, they forfeited their legitimacy and moral authority to govern.”
Rationale for Bombing Olympics - Rudolph also writes that the Olympic bombing was envisioned as the first in a weeklong campaign of bombings designed to shut down the Olympics, held in Atlanta, and embarrass the US government as a result. He had hoped to use high-grade explosives to shut down the Atlanta power grid and force the termination of the Olympics, but was unable to procure the explosives, and calls the results of his bombing a “disaster.” He writes: “In the summer of 1996, the world converged upon Atlanta for the Olympic Games. Under the protection and auspices of the regime in Washington, millions of people came to celebrate the ideals of global socialism. Multinational corporations spent billions of dollars, and Washington organized an army of security to protect these best of all games. Even though the conception and purpose of the so-called Olympic movement is to promote the values of global socialism, as perfectly expressed in the song Imagine by John Lennon, which was the theme of the 1996 Games even though the purpose of the Olympics is to promote these despicable ideals, the purpose of the attack on July 27 was to confound, anger, and embarrass the Washington government in the eyes of the world for its abominable sanctioning of abortion on demand.”
Racist, Homophobic Views - In the document, Rudolph attacks homosexuality as an “aberrant” lifestyle, and blames the government for condoning it. He denies holding racist or anti-Semitic views [Associated Press, 4/13/2005; Associated Press, 4/14/2005; CNN, 4/19/2005] , though his ex-sister-in-law Deborah Rudolph told reporters that Rudolph believed abortion was part of a plot to undermine the white race; she said, “He felt like if woman continued to abort their white babies, that eventually the white race would become a minority instead of a majority.” Others have said that Rudolph told them he believed the Holocaust never occurred. [CNN, 6/15/2002]
'Worse to Him than Death' - After Rudolph’s guilty plea, Deborah Rudolph says of the prospects of his life in jail, “Knowing that he’s living under government control for the rest of his life, I think that’s worse to him than death.” [Associated Press, 4/13/2005] Rudolph, Prisoner No. 18282-058, will be incarcerated in a tiny cell in the Federal Correctional Complex in Florence, Colorado, colloquially known as the “Supermax” facility. Rudolph lives on “bomber’s row” along with Ted Kaczynski, the so-called “Unabomber” (see April 3, 1996), Islamist terrorist Ramzi Yousef (see February 7, 1995), “shoe bomber” Richard Reid (see December 22, 2001), and Oklahoma City bomber Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995). After his imprisonment, he releases a statement that reads in part, “The talking heads on the news [will] opine that I am ‘finished,’ that I will ‘languish broken and unloved in the bowels of some supermax,’ but I say to you people that by the grace of God I am still here—a little bloodied, but emphatically unbowed.” [Orlando Weekly, 8/24/2006]

Entity Tags: Terry Lynn Nichols, Deborah Rudolph, Richard C. Reid, Ramzi Yousef, Eric Robert Rudolph, Theodore J. (“Ted”) Kaczynski

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism

Zacarias Moussaoui.
Zacarias Moussaoui. [Source: Sherburne County Sheriffs Office]In an unexpected move, Zacarias Moussaoui pleads guilty to all six terrorism conspiracy charges against him. Moussaoui had been arrested weeks before 9/11, and was formally charged in December 2001 for his role in the 9/11 plot. He says it is “absolutely correct” that he is guilty of the charges: conspiracy to commit acts of terrorism transcending national boundaries; to commit aircraft piracy; to destroy aircraft; to use weapons of mass destruction; to murder US government employees; and to destroy US government property. However, he says, “I was not part of 9/11,” but rather claims he was part of a “broader conspiracy” aimed at post-9/11 attacks. He says he was personally directed by bin Laden to pilot a 747 and “strike the White House” with it, but as part of a “different conspiracy than 9/11.” His plea means there will be no trial to determine guilt, but there will still be a trial to determine his sentencing, which could be as severe as the death penalty. He promises to fight in the sentencing phase, stating he doesn’t deserve death because he was not directly connected to the 9/11 plot. [CNN, 4/23/2005; Washington Post, 4/23/2005] A CNN legal analyst notes that Moussaoui’s guilty plea “makes little sense.” Moussaoui may have actually had a chance to be proven not guilty because of the many thorny legal issues his case raises (two suspected members of the al-Qaeda Hamburg cell have been found not guilty in German courts because they have not been allowed access to testimony from al-Qaeda prisoners who might exonerate them, and Moussaoui so far has been denied access to those same prisoners (see March 22, 2005)). It is pointed out that Moussaoui gave a guilty plea without “any promise of leniency in exchange for his plea,” and that he is unlikely to gain any sympathetic advantage from it in the death penalty trial. CNN’s analyst notes that the statements in his plea “suggest that Moussaoui [mistakenly] thought he had tricked the prosecution.” Doubts still remain whether Moussaoui is fully mentally sound and capable of legally defending himself. [CNN, 4/28/2005] A counterterrorism expert for RAND Corporation says of Moussaoui’s rather confusing statements, “If we thought by the end of the day we would find the holy grail as to exactly what the genesis of 9/11 was and what Moussaoui’s role in it was, we have been sorely disappointed. This contradiction in his behavior raises more questions than it answers.” The Washington Post notes that, “It remains uncertain” whether the death penalty trial “will divulge much new information about the plot.” [Washington Post, 4/23/2005]

Entity Tags: Zacarias Moussaoui, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Hertling, the acting assistant attorney general for the Office of Legal Counsel, writes an email to Richard Trono, an aide in the Office of the Deputy Attorney General (ODAG), concerning a conversation Trono had with US Attorney Paul Charlton of Arizona (see November 14, 2001). Charlton wants to begin tape-recording interrogations by FBI agents of suspected criminals, a policy the FBI resists. Hertling says he has discussed the matter with Charlton, and has advised Charlton to have the Attorney General’s Advisory Council (AGAC) form a task force on the issue. Hertling is aware that Trono has expressed an interest in having an ODAG working group address the issue. “I already have a lawyer assigned to the issue,” Hertling writes, “and he ca[n] do a fair amount of the leg-work to make this happen.” Trono responds with enthusiasm, and indicates that Deputy Attorney General James Comey is also interested in setting up a working group to study the matter. Trono says that after Comey announced it at a recent US Attorneys conference, “I immediately had half a dozen USAs [US Attorneys] approach me with passionate views (interestingly, on either end of the debate).” [US House of Representatives, Committee on the Judiciary, 4/13/2007 pdf file]

Entity Tags: James B. Comey Jr., Federal Bureau of Investigation, Richard Trono, Attorney General’s Advisory Council, Office of the Deputy Attorney General, Paul K. Charlton, Richard A. Hertling

Timeline Tags: Civil Liberties

The Evergreen Freedom Foundation, a conservative activist organization in Washington state, sends a three-page letter to Attorney General Alberto Gonzales urging the Justice Department to investigate US Attorney John McKay (see October 24, 2001) for misconduct. The foundation charges that McKay “has committed malfeasance by systematically refusing to act on evidence of election fraud delivered to his office.” The foundation, along with several Republican leaders in Washington state, say that McKay willfully ignored complaints of election fraud in the hotly contested 2004 governor’s race between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). McKay opened an investigation, but did not empanel a grand jury to investigate further (see January 4, 2005, Late 2004 or Early 2005 and Late 2004). McKay will later say that his office found no grounds for the voter fraud allegations: “We had lots of instances of incompetent handling of an election. What we didn’t find was a criminal act.” The director of that group’s voter integrity project, Jonathan Bechtle, later says that he believes his group’s complaint was forwarded to the Justice Department office that oversees US Attorneys, but will say, “I couldn’t get any information out of them as to the conclusion.” [Washington Post, 3/19/2007; Iglesias and Seay, 5/2008, pp. 133]

Entity Tags: Christine O. Gregoire, Jonathan Bechtle, Evergreen Freedom Foundation, John L. McKay, Dino Rossi, Alberto R. Gonzales

Timeline Tags: Civil Liberties, 2004 Elections

Scott Jennings.Scott Jennings. [Source: Brendan Smialowski / New York Times]Scott Jennings, an aide in Karl Rove’s White House Office of Political Affairs (OPA), sends two emails to Rove’s deputy, veteran Republican political operative Timothy Griffin (see October 26, 2004), about the White House’s desire to fire US Attorney David Iglesias of New Mexico (see October 18, 2001). The emails are part of a larger “chain” sent back and forth between Jennings, Griffin, and other officials. Jennings writes in the first email, sent on May 2: “[W]hat else I can do to move this process forward? Is it too early to formulate a list of extremely capable replacements? There are several I know personally and can recommend.” The email contains a synopsis of claims by Bernalillo County Sheriff Darren White and several New Mexico Republicans that Iglesias did not aggressively pursue “hundreds” of voter fraud charges using evidence White and the Republican activists provided (see September 7 - October 6, 2004). The email also states that Iglesias went against the wishes of New Mexico Republicans in creating his “bogus” voter fraud task force (see August 17, 2004, September 7 - October 6, 2004, and September 23 - October 2004), and placed a New Mexico Democrat on the task force who reportedly stated that voter fraud violations were entirely imaginary. The second email, from June 28, reads in part: “I would really like to move forward with getting rid of NM USATTY. I was with CODEL [the New Mexico congressional delegation] this morning, and they are really angry over his lack of action on voter fraud stuff. Iglesias has done nothing. We are getting killed out there.” Griffin responds to the second email, saying: “I hear you. It may not be that easy, though. The president has to want to get rid of him. I will ask counsel’s office to see if it is even in contemplation.” Griffin is referring to the White House Counsel’s Office, headed by Harriet Miers. Leslie Fahrenkopf, a lawyer in the White House Counsel’s Office, tells Griffin: “He is on my radar screen. I raised it with Harriet a few weeks ago (see May 12 - June 9, 2005) and she would like to wait until his term is up in October 2005. If you think it merits another conversation with her, let me know.” Rove will later testify that he knows nothing of Jennings’s communications with Griffin, and will say: “Obviously, Scott had strong feelings about this, having been involved out there. And, from the review of the documents, he was freelancing a little bit here, apparently.… But it’s clear Scott, from reading this, ‘please let me know what else I can do to move this process forward,’ he’s clearly trying to get Iglesias out.” As for Griffin’s response, Rove will say: “I see this as a brushback. I see Tim Griffin telling a subordinate, I understand, not that easy, this is the president, not you, who is in charge, and I will check on this. I see this as a brushback pass.” Griffin is Jennings’s immediate supervisor in OPA. In 2004, Jennings served as the executive director of the Bush-Cheney re-election campaign in New Mexico. Rove will say that Jennings has been in touch with New Mexico Republicans who are unhappy with Iglesias’s purported failure to pursue voter fraud charges (see August 17, 2004, September 7 - October 6, 2004, September 15-19, 2004, September 23 - October 2004, and May 6, 2005 and After). [US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file; US House of Representatives, Committee on the Judiciary, 7/30/2009 pdf file; US House of Representatives, Committee on the Judiciary, 8/11/2009] Miers will deny ever seeing the email until years later, when Congress begins investigating the US Attorney firings (see December 7, 2006). She will refuse to speculate on what Jennings might mean by saying, “We are getting killed out there.” Her questioners will ask if he might be referring to a large number of Democratic voter registrations, and Miers will say he could be talking about massive voter fraud issues, though she will add, “I should say, I’m not suggesting I know whether there was voter fraud or not.” [US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file]

Entity Tags: Karl C. Rove, J. Scott Jennings, Leslie Fahrenkauf Doland, David C. Iglesias, J. Timothy Griffin, Darren White, White House Office of Political Affairs, Harriet E. Miers

Timeline Tags: Civil Liberties

New Mexico’s US Attorney, David Iglesias (see October 18, 2001), meets with state Republican Party chairman Allen Weh after he learns that Weh and the party are unhappy with the results of his 2004 election fraud task force (see [September 7 - October 6, 2004). Iglesias is aware that he cannot ethically respond directly to such complaints, and he cannot provide information about ongoing investigations. However, he wants to reassure his fellow Republicans that he will prosecute “provable” voter fraud cases, but will not bring a case if it does not stand a good chance of winning a conviction. He first passed that message along to New Mexico Republicans through a friend in the party, but when the message produced little positive results, he arranged to meet Weh for coffee near Weh’s home. At the meeting, Iglesias attempts to explain to Weh that he can only prosecute voter fraud cases if he has sufficient evidence to do so. Weh is unmoved by Iglesias’s explanations. He asks if Iglesias is “in trouble” with the New Mexico Republican Party. He will later claim that Iglesias tries to blame the FBI for the lack of voter fraud prosecutions. And he tells Iglesias that he needs to do something concrete about voter fraud, and should have already done so. Shortly after the meeting, Weh complains about Iglesias to Scott Jennings, a White House official working for White House political chief Karl Rove. A 2008 investigation of the 2006 US Attorney purge (see September 29, 2008) will find that Weh has been pressuring Iglesias since at least August 2004 to pursue voter fraud allegations (see September 23 - October 2004). Weh will tell the investigators that he was not convinced by Iglesias’s explanation, that he felt Iglesias was unqualified to be US Attorney, and had deliberately ignored credible evidence of voter fraud in New Mexico. He will say that many New Mexico Republicans feel the same way. These feelings are why he chose to complain to Jennings about Iglesias. He conveys his perceptions to Jennings and recommends that the Bush administration fire Iglesias. He will also send an email to Jennings about Iglesias and voter fraud in August 2005 (see August 9, 2005). Other Republicans in New Mexico will complain to the White House about Iglesias as well, including the chief of staff to Senator Pete Domenici (R-NM), Steve Bell. [US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011]

Entity Tags: Karl C. Rove, Allen Weh, David C. Iglesias, Federal Bureau of Investigation, J. Scott Jennings, Pietro V. (“Pete”) Domenici, Steve Bell, New Mexico Republican Party

Timeline Tags: Civil Liberties

Leslie Fahrenkopf, a lawyer in the White House counsel’s office, sends an email to White House counsel Harriet Miers about US Attorney David Iglesias of New Mexico (see October 26, 2004). Fahrenkopf has seen emails from Scott Jennings, an official in the White House Office of Political Affairs, to his boss Timothy Griffin asking that Iglesias be ousted (see May 2 - June 28, 2005). Fahrenkopf writes: “Harriet, per our conversation last week regarding the US Attorney for New Mexico, David Iglesias, I double-checked the dates of Iglesias’s confirmation and appointment. He was confirmed October 11, 2001, and appointed by the president October 16, 2001. You also asked me to remind you to check the chart grading US Attorneys on their performance. Thanks.” Fahrenkopf sends a follow-up email to Miers on June 9, 2005, saying: “Harriet, I just wanted to follow up on this item to see if you wanted to take any action. You will recall that this is the individual who is ruffling some feathers in New Mexico.” Less than an hour after Fahrenkopf sends this email, Miers replies, “I believe the decision is to let his four years run and then appoint someone else, if this is the right case.” Karl Rove, the White House deputy chief of staff and the senior political official in the Bush administration (see Late January 2005), will later testify that he “probably” spoke to Miers about Iglesias before the email exchange involving Miers, Fahrenkopf, Jennings, and Griffin. Miers will testify to having no recollection of the email exchange. She will be asked why, if Iglesias had been ranked so highly just months before (see November 14-18, 2005 and March 2, 2005), he was now being considered for firing. Miers will have no answer. [US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file; US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file; US House of Representatives, Committee on the Judiciary, 7/30/2009 pdf file; US House of Representatives, Committee on the Judiciary, 8/11/2009]

Entity Tags: White House Office of Political Affairs, J. Scott Jennings, Harriet E. Miers, David C. Iglesias, Karl C. Rove, Leslie Fahrenkauf Doland, J. Timothy Griffin

Timeline Tags: Civil Liberties

The civil trial brought by Washington State Republicans to try to “settle” the disputed 2004 governor’s race between Dino Rossi (R-WA) and Christine Gregoire (D-WA) opens. Gregoire won the recount to defeat Rossi by a slender 129-vote margin (see December 23, 2004 - January 12, 2005), but Republicans, claiming an array of voter fraud and other inappropriate actions cost Rossi the vote (see December 29-30, 2004), filed a lawsuit to have the election results overturned (see January 7, 2005). The lawyer for the Republican plaintiffs, Dale Foreman, says in his opening statement that he has evidence of “ballot stuffing” in King County, the most populous county in Washington and a center of Gregoire’s Democratic voter strength. “This is not just a case of sloppy. This is a case of election fraud,” Foreman says. Up until today, Republican plaintiffs have insisted that they would not need to allege fraud in the race to win the lawsuit. “This election was stolen from the legal voters of the state by a bizarre combination of illegal voters and bumbling bureaucrats,” Foreman continues. “King County’s failure to track the absentee ballots was not only unlawful, but it opened the door for ballots to be subtracted or added.… The evidence will show partisan bias. And partisan bias is a very politically correct way of saying, ‘Somebody stuffed the ballot box.’ You know, if it walks like a duck and quacks like a duck, it’s probably a duck.” (US Attorney John McKay will later say that he is amazed to hear Foreman make such a claim, telling a reporter in 2007: “I was shocked to see him use the words ‘ballot-stuffing’ because that is a crime. If you say that, you are ethically bound to prove that.” McKay launched an aggressive investigation into voter fraud after the election that bore no fruit—see December 2004, Late 2004, Late 2004 or Early 2005, January 4, 2005, January 4, 2005, April 28, 2005, and May 2005). Foreman tells the jury that “sinister” fraud and corruption “up the food chain” robbed Rossi of the governor’s office. Judge John Bridges quickly puts an end to Foreman’s claims, reminding him and the jury that he and his clients have not included such charges in their case up until now, and Foreman cannot add them at this point in the proceedings. Bridges will allow Foreman and the plaintiffs to introduce evidence against King County, but will not allow them to label it as fraud in the courtroom. The Seattle Times reports, “That matters because a fraud claim would not require Republicans to show that King County’s actions specifically cost Rossi votes or gave… Gregoire her winning margin of 129 votes.” Now, Republicans must show that specific actions by election workers, illegal votes by convicted felons, and other actions directly affected the candidates’ vote totals. “The judge will wait… to see if they connect the dots and show election fraud,” says Thomas Ahearne, an attorney representing Secretary of State Sam Reed (R-WA). The plaintiffs have scheduled no one to testify about allegations of fraud, including ballot stuffing. The plaintiffs want Bridges to subtract votes they consider to be “illegal” from each candidate based, not on demonstrable fraud or illegality, but on the statistical pattern of the overall vote in each precinct. Democrats consider this idea “bogus,” press reports say. [Seattle Times, 5/24/2005; National Journal, 5/24/2005; Seattle Times, 3/13/2007]

Entity Tags: Sam Reed, County of King (Washington), Christine O. Gregoire, Dale Foreman, Dino Rossi, Seattle Times, Thomas Ahearne, John Bridges, John L. McKay

Timeline Tags: Civil Liberties, 2004 Elections

’Life rune’ flag flown by National Vanguard.’Life rune’ flag flown by National Vanguard. [Source: Kevin Alfred Strom]An analysis by a progressive watchdog organization, the Southern Poverty Law Center, concludes that the neo-Nazi National Alliance is moribund, ineffective, and being fatally riven by internal power struggles. Once a leading organization of the neo-Nazi, white supremacist right, the Alliance has, the SPLC reports, “lost almost all of its key leaders [and] most of its income and its prestige. Its chairman recently stepped down under fire. And, with a hemorrhage of followers flowing into other groups, the Alliance’s dues-paying membership has plunged to under 200 people, less than a seventh its size just three years ago.”
Death of Founder Triggered Crisis - The problems began in July 2002 when the National Alliance’s founder and leader William Pierce (see 1970-1974 and 1978) died unexpectedly (see July 23, 2002). Pierce was replaced by Erich Gliebe. Gliebe was disliked almost from the time he took over the organization, and further alienated members by inviting strippers to pose for an Alliance calendar, paying himself far more than other staffers, routinely lying to his followers, and wrecking businesses that the organization used to help fund it.
Parade of Charges and Resignations - In August 2004, David Pringle, the organization’s popular membership coordinator, resigned after releasing an essay that charged Gliebe and Alliance COO Shaun Walker of mismanagement and financial fraud. “The days of Erich Josef Gliebe telling people to ‘keep quiet’ about internal problems because ‘our enemies’ might exploit the situation are over,” Pringle wrote. “In the last year, ‘our enemies’ have not made disastrous decisions that have cost us most of our cash savings. Our leaders have. Our enemies have not caused us to lose more than half of our rank-and-file membership and almost two thirds of our organizational revenue in the last year. Our leaders have.” Gliebe and Walker were derided by Alliance members, who called then the “Dues Brothers” and accused them of everything from wasting Alliance money to outright theft. In November 2004, almost the entire North Carolina chapter, one of the Alliance’s strongest contingents, quit en masse. In December 2004 the coordinator of a Washington State chapter quit, calling the Alliance’s leadership “unethical.” In January 2005, the coordinator of a Tennessee unit quit, saying he had “lost faith” in the Alliance. Members of a New Jersey chapter lambasted Gliebe when he addressed their unit, accusing him of consorting with former Playboy model and lap dancer Erika Snyder and questioning his “moral character” (a similar controversy plagued another white supremacist organization, Aryan Nations, when its aging leader, Richard Butler, was found to have been “consorting” with a Latina porn star—see November 2003). The Alliance promptly ejected two prominent members, Robert Minnerly and Internet radio host Hal Turner, who led the questioning of Gliebe. In April 2005, former Alliance member Jamie Kelso, who is well connected in the white supremacist community (see March 1995), posted on the Internet, “The revolt against misrule by two people at the top that began when David Pringle resigned in protest… has now expanded to what must be over 90 percent of us.”
Power Struggle - Kelso’s words were given credence when on April 11, Gliebe and Walker cancelled the organization’s semi-annual leadership conference after learning that a prominent member, probably Alliance radio host Kevin Alfred Strom, was planning on publicly confronting Gliebe during the conference. Three days later, Strom transferred ownership of the Web site of the Alliance’s National Vanguard Books to Palladian Books in Virginia, a firm owned by Strom and his wife. Strom was ejected from the Alliance two days later, followed by a number of other prominent Alliance leaders, including April Gaede, whose daughters comprise the neo-Nazi rock band “Prussian Blue.” Pringle wrote on April 16, “At this point, every single NA unit is in disarray and open revolt.” A day later, most of the Cincinnati unit announced that it would no longer pay dues to the national headquarters, and on April 18, a large group of “rebels” published a “historic declaration” criticizing Gliebe and Walker, demanding Walker’s demotion and asking Gliebe to give up ownership of several of the Alliance’s enterprises and put them in the hands of an expanded board. The “rebels” included Strom and 140 key activists and unit members (by April’s end, that number swelled to over 230). Gliebe responded by dissolving the entire executive board, calling it a “springboard” for a “power play” by his enemies. On April 24, Gliebe accused Strom and others of attempting a “coup” against him and of targeting him with what he called “a massive smear campaign” orchestrated by “our enemies.” A day later, Gliebe stepped down as chairman “to devote more time to family matters,” leaving Walker as de factor chairman of the Alliance. Strom had already announced the formation of a rival organization, the National Vanguard, to be run by himself and other former Alliance members.
National Vanguard, Possible Reorganization - By June 2005, National Vanguard had formed some 15 chapters around the country, but some knowledgeable observers say Strom is too interested in money and lacking in leadership. Gliebe still controls the Alliance’s Resistance Records (see Late 1993), the organization’s West Virginia compound, and other assets, and some efforts to reorganize the Alliance are apparently underway. The SPLC concludes: “What is certain is that the Alliance, for the most part, is a hollow shell. It has lost almost all its well-known leaders, and its prestige has never been lower. Its moneymaking operations, National Vanguard Books and Resistance Records, are no longer making a profit.” One Internet forum poster may have summed the entire situation up, the SPLC reports, in saying: “Gliebe can’t kill the NA. It’s already dead.” [Southern Poverty Law Center, 6/2005]

Entity Tags: David Pringle, Richard Girnt Butler, Aryan Nations, Shaun Walker, Southern Poverty Law Center, William Luther Pierce, Resistance Records, April Gaede, Robert Minnerly, National Vanguard, Erich Josef Gliebe, National Vanguard Books, Erika Snyder, Palladian Books, Jamie Kelso, Kevin Alfred Strom, National Alliance, Harold Charles (“Hal”) Turner

Timeline Tags: US Domestic Terrorism

Lawyers for the Washington Democratic Party celebrate after the court ruling certifying Christine Gregoire as governor.Lawyers for the Washington Democratic Party celebrate after the court ruling certifying Christine Gregoire as governor. [Source: Seattle Post-Intelligencer]State Attorney General Christine Gregoire (D-WA) is certified the winner of the Washington State governor’s race against challenger Dino Rossi (R-WA). Rossi was initially declared the winner (see November 2-30, 2004), but the race was so close that Gregoire asked for a recount, as was her right under the law (see December 23, 2004 - January 12, 2005). Republicans challenged the recount in court, citing 1,678 votes as “illegal” (see January 7, 2005 and January 24-28, 2005). Superior Court Judge John Bridges rules against the Republican plaintiffs. He finds that although some voting irregularities did occur in the largely Democratic King County, they were not the result of deliberate voter fraud or manipulation. “No evidence has been placed before the court to suggest fraud or intentional misconduct,” he says. “Elections officials attempted to perform their responsibilities in a fair and impartial manner.” In only five instances—five votes—was evidence presented that showed the intent of the voter in the 1,678 “illegal” votes cast. For the other 1,673, officials were unable to determine which candidate the voters in question selected on Election Day. None of those five votes were for Gregoire: Democrats presented evidence that four convicted felons had illegally voted for Rossi and a fifth for a third-party candidate. Bridges deducts those five votes from the final tally, giving Gregoire the final and official 133-vote margin of victory. Bridges refused Republicans’ demands to subtract what they called “invalid votes” from the statistical totals of vote tallies, and to statistically refigure the votes. Such an action would constitute the worst kind of judicial activism, Bridges says. As a result, “The court concludes that the election contest petition should be dismissed and the certification of Miss Gregoire as governor confirmed.” State Democratic Chairman Paul Berendt says: “It’s a huge victory. But the centerpiece was that the Republicans never had a case. They need to drop their case so the state can get on with its important business. They have shown that they will spend anything, they will say anything, and they will do anything to tear down Christine, and it’s time for that to stop.” Later in the day, Rossi says he will not appeal the ruling to the Washington Supreme Court: “With today’s decision, and because of the political makeup of the Washington State Supreme Court, which makes it almost impossible to overturn this ruling, I am ending the election contest,” he says. Bridges says that if the election process is flawed, it is up to the state legislature to fix it, not the courts. [Seattle Post-Intelligencer, 6/5/2005; Borders et al. v. King County et al., 6/6/2005; Washington Post, 6/7/2005; HistoryLink (.org), 6/7/2005]

Entity Tags: King County (Washington), Christine O. Gregoire, Dino Rossi, John Bridges, Washington Supreme Court, Paul Berendt

Timeline Tags: Civil Liberties, 2004 Elections

White House counsel Harriet Miers sends an email that says the White House has decided not to renominate US Attorney David Iglesias of New Mexico (see October 18, 2001) to his current position. The reason for the decision is complaints by New Mexico Republicans that Iglesias has not adequately addressed the issue of Democratic voter fraud in their state (see 2002, August 17, 2004, September 7 - October 6, 2004, September 15-19, 2004, September 23 - October 2004, and May 6, 2005 and After). Miers writes that the “decision” to replace Iglesias with someone more palatable to New Mexico Republicans has been made. At this time, the House Judiciary Committee will note in 2009, the Justice Department has given Iglesias “top rankings” (see 2002 and November 14-18, 2005 ), “so this decision was clearly not just the result of the White House following the department’s lead,” as Miers and White House political chief Karl Rove will later maintain. [US House of Representatives, Committee on the Judiciary, 8/11/2009; Politico, 8/12/2009]

Entity Tags: Harriet E. Miers, David C. Iglesias, Karl C. Rove, House Judiciary Committee

Timeline Tags: Civil Liberties

After the Supreme Court fails to intervene and grant reporters Matthew Cooper and Judith Miller immunity from testifying in the Valerie Plame Wilson identity leak investigation (see December 30, 2003 and June 27, 2005), Cooper’s publisher, Time magazine, agrees to turn over Cooper’s notes and e-mails regarding his knowlege of Plame Wilson, and his sources. Cooper opposes the decision. Norman Pearlstine, Time’s editor in chief, says: “I believe that there’s no argument for saying ‘no’ once the Supreme Court has ruled on a decision. I think we are a country of laws and not of individuals and that as journalists who regularly point a finger at people who think they’re above the law, I’m not comfortable being one of them myself.… I think it’s a terrible case. I wish the court had taken our appeal, but given that they did not, we’re not above the law and the law was clear that I think we had no choice but to turn over the information.” Miller and the New York Times continue to refuse to comply (see July 6, 2005). [CNN, 6/30/2005; Washington Post, 7/3/2007]

Entity Tags: New York Times, Judith Miller, Matthew Cooper, Time magazine, US Supreme Court, Norman Pearlstine

Timeline Tags: Niger Uranium and Plame Outing

Washington State businessman Tom McCabe sends a letter to Representative Doc Hastings (R-WA) demanding that he “ask the White House to replace Mr. McKay” for not adequately pursuing the voter fraud allegations in the 2004 gubernatorial race. McCabe is following up on his earlier insistence that US Attorney John McKay of Western Washington State be fired for not pursuing McCabe’s allegations of voter fraud in the race between Christine Gregoire (D-WA) and Dino Rossi (R-WA) to serve as Washington’s governor (see Late 2004 and Late 2004 or Early 2005) after he provided useless “evidence” of voter fraud in the race (see December 2004 and January 4, 2005). (A judge threw out all of the Republican “evidence” of what they called “voter fraud” in his rejection of the claim—see June 6, 2005). McCabe repeatedly and erroneously claims McKay is a Democrat, and accuses him of deliberately failing to pursue the allegations because of his supposed political stance. McCabe sends copies of the letter to John Fund, a conservative editorialist for the Wall Street Journal; former US Attorney and current federal judge Greg van Tatenhove; and Bob Williams of the conservative Evergreen Freedom Foundation (see May 2005). Hastings will later confirm receiving the memo, and will say that he responded, “I flat out refused to do so, which [Hastings’ chief of staff] Ed Cassidy told him in the bluntest of terms.” Cassidy later says that Hastings’ staff did not reply to the letter. Hastings later says he would not have called the White House to complain about McKay because US Attorneys are executive branch matters. No White House official will recall speaking to Hastings about McKay. [Tom McCabe, 7/5/2005 pdf file; TPM Muckraker, 3/7/2007; Seattle Times, 3/7/2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] Cassidy raised the issue with McKay months before and was rebuffed (see January 4, 2005). A 2008 Justice Department investigation (see September 29, 2008) will not name McCabe or his organization, the Building Industry Association of Washington (BIAW), as the author of the letter. [Tom McCabe, 7/5/2005 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Building Industry Association of Washington, Ed Cassidy, Bush administration (43), Bob Williams, Christine O. Gregoire, Evergreen Freedom Foundation, Tom McCabe, Greg van Tatenhove, Dino Rossi, John Fund, Richard (“Doc”) Hastings, John L. McKay

Timeline Tags: Civil Liberties

Time reporter Matthew Cooper agrees to testify before the grand jury in the Valerie Plame Wilson identity leak investigation (see December 30, 2003 and July 13, 2005) after the source he has been protecting, White House political adviser Karl Rove, gives him a waiver dissolving their confidentiality agreement. Sources say that Cooper will identify Rove as a person who revealed Plame Wilson’s CIA identity to him. Cooper says he is prepared to remain “in civil contempt,” and ready to go to jail for defying the grand jury subpoenas, “because even though Time magazine had, over my objections, turned over my notes and e-mails to the special counsel under a court order, and even though the prosecutor has all that information now, I wanted—I was prepared to go and remain in civil contempt because I had given a word to my source for two years, which I have kept my word to that source today, for two years. This morning, in what can only be described as a stunning set of developments, that source agreed to give me a specific personal and unambiguous waiver to speak before the grand jury.” [New York Times, 7/7/2005] Cooper has not asked Rove for a waiver before, in part because his lawyer advised against it. Additionally, Time editors were worried about becoming part of such an explosive story in an election year. And Rove’s attorney, Robert Luskin, believed that contacting Cooper would have amounted to interfering with the ongoing court battle between reporter and prosecutor. [Los Angeles Times, 8/25/2005] Cooper adds, “It’s with a bit of surprise and no small amount of relief that I will comply with this subpoena.” Cooper refuses to publicly divulge the source he has been protecting, but a person briefed on the case confirms Cooper’s source as being Rove. [New York Times, 7/7/2005] Cooper did not speak to Rove directly on the issue. The waiver of confidentiality is the product of what the New York Times describes as “a frenzied series of phone calls” between Cooper’s lawyer Richard Sauber, Rove’s lawyer Luskin, and special prosecutor Patrick Fitzgerald. Cooper views his case as substantially different from that of his New York Times colleague, Judith Miller (see July 6, 2005). Miller has consistently refused to testify, but Cooper has already testified once, describing conversations he had with White House aide Lewis “Scooter” Libby (see August 24, 2004). And while the New York Times has consistently supported Miller, Time magazine has been more equivocal, turning over documents to Fitzgerald that identified Rove as Cooper’s source. Cooper’s friend Steven Waldman, a former US News and World Report editor who has talked with Cooper in recent days, says, “The question that was on his mind, and this is my words, is: do you go to jail to protect the confidentiality of a source whose name has been revealed, and not by you but by someone else?” Still, Cooper resisted until he saw an article in the Wall Street Journal that quoted Luskin as saying, “If Matt Cooper is going to jail to protect a source, it’s not Karl he’s protecting.” That statement prompted a round of telephone discussions between Luskin, Sauber, and Fitzgerald, culminating in Cooper’s decision to testify. “A short time ago,” Cooper tells the court, “in somewhat dramatic fashion, I received an express personal release from my source.” [New York Times, 7/10/2005]

Entity Tags: Richard Sauber, Lewis (“Scooter”) Libby, Karl C. Rove, Judith Miller, Matthew Cooper, Patrick J. Fitzgerald, Valerie Plame Wilson, Robert Luskin, Steven Waldman, New York Times, Time magazine

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: US Domestic Terrorism

Washington Post reporter Bob Woodward is harshly critical of special prosecutor Patrick Fitzgerald’s investigation of the outing of CIA agent Valerie Plame Wilson (see December 30, 2003). The investigation, he says, is “just running like a chain saw right through the lifeline that reporters have to sources who will tell you the truth, what’s really going on.” It is “undermining the core function in journalism.… We better wake up to what’s going on in the seriousness on the assault on the First Amendment that’s taking place right before our eyes.” Woodward does not mention that he is one of the reporters who was contacted by a Bush administration official about Plame Wilson being a CIA agent (see June 13, 2003); he has also withheld his knowledge of the case from special prosecutor Patrick Fitzgerald and his own editors (see November 16-17, 2005). [Media Matters, 11/16/2005]

Entity Tags: Bob Woodward

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: US Health Care, US Domestic Terrorism

Bud Cummins, US Attorney for the Eastern District of Arkansas (see January 9, 2002), does well in his second Evaluation and Review Staff (EARS) evaluation by the Justice Department. As with his first EARS evaluation (see April or August 2002), he is described as highly regarded by the judiciary in his district as well as by law enforcement, civil client agencies, and his office personnel. The current EARS evaluation reports that Cummins and his senior management team “effectively managed the office’s operations and personnel.” Under Cummins, the report says, his office has “established strategic goals that were appropriate to meet the priorities of the department and the needs of the district.” Cummins is involved in the day-to-day management of his office, and is active in Justice Department matters, serving on various Attorney General Advisory Committee subcommittees. Cummins also receives high marks for his office’s anti-terrorism, anti-drug, and reduction of gun violence programs. The office focuses strongly on public corruption cases involving state legislators. Cummins is doing a good job of incorporating a number of new and inexperienced assistants into his staff of “very experienced” assistants, though the report recommends that he consider selecting either “a deputy criminal chief, or the creation of units with lead attorneys to assist the criminal chief in the management of the workload and personnel.” The report also finds some incorrect data entries in the Legal Information Office Network System (LIONS). [US House of Representatives, Committee of the Judiciary, 4/13/2007 pdf file; US Department of Justice, Office of the Inspector General, 9/29/2008] Cummins will be fired shortly after this evaluation is performed (see December 20, 2006). He has already been identified as a target for removal by Justice Department aide Kyle Sampson (see January 9, 2005). All of the US Attorneys on Sampson’s list of targets are described as “weak US Attorneys who have been ineffectual managers and prosecutors, chafed against administration initiatives, etc.”

Entity Tags: US Department of Justice, D. Kyle Sampson, H.E. (“Bud”) Cummins III

Timeline Tags: Civil Liberties

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

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

Timeline Tags: US Domestic Terrorism

New Mexico Republican Party chairman Allen Weh, convinced that US Attorney David Iglesias is an incompetent who is deliberately refusing to prosecute voter fraud cases (see May 6, 2005 and After and May 12 - June 9, 2005), sends an email to Scott Jennings, an official in the White House Office of Political Affairs (OPA). He copies the email to Jennings’s supervisors Karl Rove and Sara Taylor (see Late January 2005), Republican National Committee official Timothy Griffin, and Steve Bell, the chief of staff to Senator Pete Domenici (R-NM). Weh writes in part: “We discussed the need to replace the US Atty in NM several months ago. The brief on voter fraud at the RNC [Republican National Committee] meeting last week reminded me of how important this post is to this issue, and prompted this follow up. As you are aware the incumbent, David Iglesias, has failed miserably in his duty to prosecute voter fraud. To be perfectly candid, he was ‘missing in action’ during the last election, just as he was in the 2002 election cycle. I am advised his term expires, or is renewed, in October. It is respectfully requested that strong consideration be given to replacing him at this point.… If we can get a new US Atty that takes voter fraud seriously, combined with these other initiatives we’ll make some real progress in cleaning up a state notorious for crooked elections.” Griffin responds in an email to Rove and Taylor: “I have discussed this issue with counsel’s office [the White House counsel’s office, headed by Harriet Miers]. I will raise with them again. Last time I spoke with them they were aware of the issue, and they seemed to be considering a change on their own. I will mention again unless I am instructed otherwise.” Twenty minutes later, Rove responds by telling Griffin, “Talk to the counsel’s office.” Griffin replies, “Done,” and adds a bit about setting up a meeting with someone unrelated to the Iglesias-Weh discussion. Rove responds, “Great.” He will later testify that he may have been responding to Griffin about the unrelated meeting. [US Department of Justice, Office of the Inspector General, 9/29/2008; US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file; US House of Representatives, Committee on the Judiciary, 7/30/2009 pdf file] One of Weh’s Republican colleagues, lawyer Patrick Rogers, recommended that state and national Republicans use voter fraud as a “wedge issue” before the November 2004 elections, and has himself complained about Iglesias’s record on voter fraud investigations (see September 23 - October 2004).

Entity Tags: Karl C. Rove, David C. Iglesias, Allen Weh, Harriet E. Miers, J. Timothy Griffin, Sara Taylor, Pietro V. (“Pete”) Domenici, White House Office of Political Affairs, J. Scott Jennings, Republican National Committee, New Mexico Republican Party, Steve Bell

Timeline Tags: Civil Liberties

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