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Context of 'April 4, 2009: White Supremacist Kills Three Police Officers in Pittsburgh Standoff'

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Two days after General Rick Baccus has been relieved from duty as the guard commander at Guantanamo (see October 9, 2002), and almost one and a half months since the writing of the Office of Legal Counsel’s (OLC) August memo on torture (see August 1, 2002), military intelligence at Guantanamo begin suggesting new rules of interrogation. Lieutenant Colonel Jerald Phifer, Director J2, sends a memo, to Major General Michael E. Dunlavey, Commander of Joint Task Force (JTF) 170, requesting approval for more severe interrogation techniques. [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008] In 2009, Senator Carl Levin (D-MI) will write (see April 21, 2009) that Dunlavey’s request is sparked by recent reports on the use of SERE training techniques for interrogation purposes (see January 2002 and After and April 16, 2002). [Huffington Post, 4/21/2009]
Three Categories of Techniques - The memo states, “The current guidelines for interrogation procedures at GTMO [Guantanamo] limit the ability of interrogators to counter advanced resistance.” Phifer proposes three categories of techniques. The mildest, which includes yelling and weak forms of deception, are included in category one. Category two techniques are more severe and require approval by an “interrogator group director.” They include the use of stress positions for up to four hours; use of falsified documents; isolation for up to 30 days; sensory deprivation and hooding; 20-hour interrogations; removal of comfort and religious items; replacing hot food with cold military rations; removal of clothing; forced grooming, including the shaving of beards; and playing on detainees’ phobias to induce stress, such as a fear of dogs. The harshest techniques, listed in category three, are to be reserved for a “very small percentage of the most uncooperative detainees” and only used with permission from the commander of the prison. These methods include using non-injurious physical contact like poking or grabbing; threatening a detainee with death or severe pain or threatening that a family member would be subjected to such harm; exposing him to cold weather or water; using a wet towel to “induce the misperception of suffocation.” [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008]
Desire to Extract More Information from Detainee - The request is prompted in part by military intelligence’s belief that Guantanamo detainee Mohamed al-Khatani has more information than the FBI has managed to extract from him. “Al-Khatani is a person in… whom we have considerable interest,” Dell’Orto will explain during a 2004 press briefing at the White House. “He has resisted our techniques. And so it is concluded at Guantanamo that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” [Washington File, 6/23/2004]
JAG Officer Concludes Tactics are Legal - The same day, a staff judge advocate, Lieutenant Colonel Diane E. Beaver, reviews Phifer’s proposed techniques for legality and, while making qualifications and recommending further review, concludes in a memo to Dunlavey that they are legal. Also the same day, Dunlavey sends the list of techniques to his superior, General James T. Hill, commander of the Southern Command, requesting approval for their use. Dunlavey writes: “Although [the techniques currently employed] have resulted in significant exploitable intelligence the same methods have become less effective over time. I believe the methods and techniques delineated in the accompanying J-2 memorandum will enhance our efforts to extract additional information.” [US Department of Defense, 10/11/2002 pdf file] Beaver concludes that since President Bush had decided that all the detainees “are not protected by the Geneva Conventions” (see January 18-25, 2002, February 7, 2002), all of the desired techniques are allowable because “no international body of law directly applies.” [Savage, 2007, pp. 178]

Entity Tags: Rick Baccus, George W. Bush, James T. Hill, Carl Levin, Daniel J. Dell’Orto, Diane E. Beaver, Michael E. Dunlavey, Mohamed al-Khatani

Timeline Tags: Torture of US Captives

At a Republican fundraiser, President Bush erroneously labels captured Islamic militant Abu Zubaida (see March 28, 2002) as “one of the top three leaders” of al-Qaeda. Senior government officials have long been aware that many intelligence officials believe Zubaida to be little more than a low-level “gofer” for al-Qaeda (see Shortly After March 28, 2002 and April 9, 2002 and After). Bush says, apparently boasting of the deaths of some captured suspects: “I would say we’ve hauled in—arrested, or however you want to put it—a couple of thousand of al-Qaeda. Some of them are former leaders. Abu Zubaida was one of the top three leaders in the organization. Like number weren’t as lucky, they met a different kind of fate. But they’re no longer a problem. We’re slowly but surely rounding them up. The other day we got this guy, [Ramzi b]in al-Shibh. He popped his head up. He’s not a problem (see September 11, 2002). Slowly but surely. And I’m not giving up. There’s not a calendar on my desk that says, okay, on this day, you quit. That’s just not the way I think.” [White House, 10/14/2002]

Entity Tags: Abu Zubaida, Al-Qaeda, Ramzi bin al-Shibh, George W. Bush

Timeline Tags: Torture of US Captives

Peter Jennings reports on ABC News’ World News Tonight, “The FBI tells ABC News it is very confident that it has found the person responsible” for the 2001 anthrax attacks (see October 5-November 21, 2001). Reporter Brian Ross explains, “That’s right, Peter, Steven Hatfill. And while there’s no direct evidence, authorities say they are building what they describe as a growing case of circumstantial evidence.” [Salon, 8/10/2008] In 2008, Hatfill will be exonerated and given a large cash settlement after a federal judge states there “is not a scintilla of evidence” linking him to the anthrax attacks (see June 27, 2008).

Entity Tags: Federal Bureau of Investigation, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks

Gen. James T. Hill, commander of the Southern Command, sends a memo to Chairman of the Joint Chiefs of Staff Richard Myers providing him information on the new interrogation techniques that have been requested for use at Guantanamo (see October 11, 2002). He says that new methods are needed because, “despite our best efforts, some detainees have tenaciously resisted our current interrogation methods.” He says he thinks Categories I and II techniques are “legal and humane.” He only questions the legality of category three techniques, recommending additional legal advice from lawyers at the Pentagon and the Justice Department. Hill writes: “I am particularly troubled by the use of implied or expressed threats of death of the detainee or his family. However, I desire to have as many options as possible at my disposal….” [US Department of Defense, 10/25/2002 pdf file] Hill later says, “We weren’t sure in the beginning what we had; we’re not sure today what we have. There are still people who do not talk to us. We could have the keys to the kingdom and not know it.” [New York Times, 6/21/2004]

Entity Tags: James T. Hill, Richard B. Myers

Timeline Tags: Torture of US Captives

A Washington Post front page article about the 2001 anthrax attacks (see October 5-November 21, 2001) states, “Bush administration officials have acknowledged that the anthrax attacks were an important motivator in the US decision to confront Iraq, and several senior administration officials say today that they still strongly suspect a foreign source—perhaps Iraq—even though no one has publicly said so.” The rest of the article focuses on the theory that the attacks were so sophisticated that a state such as Iraq was likely responsible (see October 28, 2002). [Washington Post, 10/28/2002] The Bush administration initially suggested there could be a link between the anthrax attacks and Iraq (see October 14, 2001 and October 17, 2001), but in November 2001 the FBI began focusing on the theory that a loner American was the sole culprit (see November 10, 2001).

Entity Tags: Bush administration (43)

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

The deputy commander of the Pentagon’s Criminal Investigation Task Force at the Guantanamo Bay detention facility raises concerns that the SERE techniques being used against suspected terrorists (see December 2001) were “developed to better prepare US military personnel to resist interrogations and not as a means of obtaining reliable information.” Concurrently with this officer’s questions, Air Force officials cite “serious concerns regarding the legality of many of the proposed techniques.” Legal officials from other military branches agree, citing “maltreatment” that would “arguably violate federal law.” [Senate Armed Services Committee, 11/20/2008 pdf file]

Entity Tags: US Department of the Air Force, Criminal Investigation Task Force, US Department of Defense

Timeline Tags: Torture of US Captives

Two Tucson, Arizona, residents, David Vigil and his wife Whitney Starr, are arrested for filing false liens against local officials in Oro Valley. Vigil and Starr describe themselves as “Freemen,” though it is not clear that they are affiliated to the Montana Freemen (see 1993-1994 and March 16, 1999). They used Freemen-like legal tactics against local officials when those officials cited a relative of theirs for driving without a license and registration; in retaliation, Vigil and Starr filed false liens against the officials’ property. John Evans of the Arizona Attorney General’s Office says, “That ended up with these people assisting and filing enormous liens against police officers, most of the Oro Valley City Council, [and] the Mayor, alleging that they owed the Starrs millions of dollars.” The liens were eventually dismissed. Authorities believe Vigil and Starr may be part of a larger group. [KOLD-TV, 11/7/2002]

Entity Tags: David Vigil, Whitney Starr, Montana Freemen, John Evans

Timeline Tags: US Domestic Terrorism

Senate Majority Leader Tom Daschle (D-SD) responds to conservative radio host Rush Limbaugh’s accusations that Daschle and Congressional Democrats are guilty of treason by not supporting the Bush administration’s push for war with Iraq (see November 15, 2002). Daschle calls Limbaugh “and all of the Rush Limbaugh wannabees” of having “a shrill edge,” and says of his listeners: “They want to act because they get emotionally invested. And so, you know, the threats to us in public life go up dramatically (see October 5-November 21, 2001), and on our families and on us in a way that’s very disconcerting. You know, we see it in foreign countries. And we think, well my God, how can this religious fundamentalism become so violent? Well, it’s the same shrill rhetoric. It’s that same shrill power that motivates. They—you know, they—that somebody says something, and then it becomes a little more shrill the next time, and then more shrill the next time.” Some media observers, such as the Washington Post’s Howard Kurtz, later say that such responses from their political targets merely elevate figures such as Limbaugh in their listeners’ eyes. [Jamieson and Cappella, 2008, pp. 157]

Entity Tags: Tom Daschle, Howard Kurtz, Rush Limbaugh

Timeline Tags: Events Leading to Iraq Invasion

The CIA’s Deputy Director for Operations, James Pavitt, informs the agency’s inspector general, John Helgerson, that the CIA Counterterrorist Center has established a program to detain and interrogate terrorists at foreign sites. At the same time, Pavitt also informs Helgerson that he has just learned of an apparently controversial incident and sent a team to investigate it. It appears that the incident triggered the notification to the inspector general about the program. [Central Intelligence Agency, 5/7/2004, pp. 1 pdf file] The incident is the killing of detainee Gul Rahman at the Salt Pit prison in Afghanistan (see After October 2001 and November 20, 2002). [Associated Press, 3/28/2010] The detention and interrogation program has been in operation since March at the latest, as high-value detainee Abu Zubaida was arrested and then taken to a CIA black site at that time (see March 28, 2002 and April - June 2002). However, it is unclear whether Helgerson was aware of the program prior to being informed by Pavitt.

Entity Tags: Office of the Inspector General (CIA), James Pavitt, Central Intelligence Agency, Directorate of Operations, John Helgerson

Timeline Tags: Torture of US Captives

The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” [Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, Donald Rumsfeld, Mohamed al-Khatani, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

The cover of ‘Bush at War.’The cover of ‘Bush at War.’ [Source: Amazon (.co.uk)]Author and famed reporter Bob Woodward’s book Bush at War is published.
Unprecedented Access - Woodward, who made his reputation uncovering the Watergate conspiracy from 30 years before (see June 15, 1974), is no longer an unknown young reporter working to find sources that will confide in him. Now he is an established Washington insider. For this book, Woodward was granted “unprecedented access” to Bush administration officials, including notes from National Security Council meetings and two long interviews with President Bush himself, far more access than even that granted to the 9/11 Commission and Congressional inquiries into other events of interest. Former Republican House Speaker Newt Gingrich will find this level of access inexplicable, saying that “it makes no sense for an administration that has jealously guarded its executive privilege to allow a reporter the access it denies to members of Congress.”
Hagiographic Account - The Observer’s Peter Preston calls Woodward’s book a “more-or-less instant study of the White House after 9/11,” and writes that while Woodward could have created “a classic of investigative journalism,” instead he gave us a compendium of “painful, obsessively useless detail” that generally paints the picture the White House wants painted. If Woodward’s book is to be believed, Preston writes, the Colin Powell moderates and the Dick Cheney hawks “had their snappy moments, but they’re OK-ish now.” CIA Director George Tenet “is a far-sighted man” who not only immediately divined that Osama bin Laden was behind the attacks, but while the towers were still burning, wondered if the attacks had anything to do with “that guy taking pilot training,” Zacarias Moussaoui. Iraq war planner General Tommy Franks usually feels “finer than the hair on a frog’s back.” Former President Clinton’s “weak-willed men used to ‘pound the desert’ ineffectually, while his brilliant successors like to hit something, if at all possible.” And President Bush “is bright and talented and eloquent and decisive,” who runs National Security Council meetings himself and knows all he needs to know about the state of the world (Woodward quotes Bush as saying, “I’m not a textbook player—I’m a gut player”). Both Preston and author Frank Rich accuse Woodward of “burnishing” Bush’s image at the expense of the truth. A few potentially embarrassing tidbits manage to poke their way through what both Preston and Rich call the “hagiography,” mostly relating to senior administration officials’ lack of knowledge about Afghan tribal politics and the lack of evidence tying Saddam Hussein to the 9/11 attacks. But all told, the book seems to tell a clear story: where Clinton was indecisive, Bush is forthright; where Clinton muddled around with bin Laden and Middle East terrorism, Bush is taking the war straight into the heart of the Islamist redoubt. [Observer, 12/1/2002; Rich, 2006, pp. 66-67] The book gives such a favorable impression of Bush and his administration that the Republican National Committee will recommend it on its Web site. [New York Times, 11/12/2006]
Selective Reporting - The administration officials who talked to Woodward are painted in largely glowing terms, while those who did not (including Attorney General John Ashcroft and Homeland Security head Tom Ridge) are, in Preston’s words, “written out of the script.” Potentially embarrassing incidents such as the administration’s complete failure to find the source of the anthrax mailings of 2001 (see September 17-18, 2001 and October 5-November 21, 2001) and the ineffective roundup of thousands of Middle Eastern “terror suspects” after 9/11 (see Late November, 2001) are ignored entirely. The pivotal Afghan battle of Tora Bora, where bin Laden was allowed to escape US clutches (see Mid-November 2001-Mid-December 2001), gets two paragraphs. [Observer, 12/1/2002; Rich, 2006, pp. 66-67] Guardian reviewer Peter Symon notes that Woodward even fails to ask the most “obvious questions” about the 9/11 attacks, instead accepting the administration’s accounts of events and its responses as absolute and unquestionable. [Guardian, 1/29/2003] Rich notes that Woodward grants Bush and his officials tremendous individual credence, taking their word on one issue after another without question: for example, when Bush calls investigative journalist Seymour Hersh “a liar,” Woodward takes Bush’s word without giving Hersh a chance to respond. More generally, Woodward never asks the obvious follow-up questions. Bush explains why the US didn’t attack Afghanistan and Iraq simultaneously after the 9/11 attacks: “If we tried to do too many things… militarily, then… the lack of focus would have been a huge risk.” Rich notes, “The follow-up question that was not to be found in Bush at War was simple enough: If it was a huge risk to split our focus between Saddam and al-Qaeda then, why wasn’t it now?” Preston concludes: “Maybe the Woodward of three decades ago would have given [the Bush administration more intense scrutiny]. No longer. Today’s Woodward, eight bestsellers later, skates breathlessly from interview to interview and notepad to notepad without ever, seemingly, stopping to think, ‘Why am I being told all this? What does it mean?’ It isn’t investigation, just cross-referenced compilation.” [Observer, 12/1/2002; Rich, 2006, pp. 66-67]

Entity Tags: Peter Preston, National Security Council, John Ashcroft, Frank Rich, Bob Woodward, Bush administration (43), Newt Gingrich, Thomas Franks, Peter Symon, George W. Bush, Republican National Committee, Seymour Hersh, Richard (“Dick”) Cheney

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

James T. Hill.James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” [Human Rights Watch, 8/19/2004] Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Vanity Fair, 5/2008]

Entity Tags: James T. Hill, Donald Rumsfeld, Douglas Feith, Richard B. Myers, William J. Haynes

Timeline Tags: Torture of US Captives

Former Vice President Al Gore calls Fox News a virtual arm of the Republican Party. “Something will start at the Republican National Committee, inside the building, and it will explode the next day on the right-wing talk show network and on Fox News and in the newspapers that play this game,” Gore says. “And pretty soon they’ll start baiting the mainstream media for allegedly ignoring the story they’ve pushed into the zeitgeist” (see October 13, 2009). [New Yorker, 5/26/2003]

Entity Tags: Republican National Committee, Republican Party, Albert Arnold (“Al”) Gore, Jr., Fox News

Timeline Tags: Domestic Propaganda

Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?”Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. [Associated Press, 6/23/2004] He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. [New York Times, 8/25/2004] The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. [MSNBC, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Saddam Hussein announces that he will continue to permit intrusive inspections. Two days before, inspectors had arrived unannounced at Saddam’s Sajoud palace and were given unfettered access to the site. Saddam says he hopes such visits will disprove US allegations that Iraq has weapons of mass destruction. [Washington Post, 12/6/2002]

Entity Tags: United Nations Monitoring, Verification and Inspection Commission, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

An Army memorandum released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006) will refer to the “SERE INTERROGATION SOP” (standard operating procedure) for Guantanamo. SERE refers to “Survival, Evasion, Resistance, and Escape,” a classified military program originally designed to teach US soldiers how to resist torture, and subsequently “reverse-engineered” for use in subjecting US prisoners to harsh interrogation and torture (see December 2001, January 2002 and After, and July 2002). The memo, which is heavily redacted, shows that torture techniques used in SERE training may have been authorized in a memo to military personnel at Guantanamo. [American Civil Liberties Union, 1/12/2006]

Entity Tags: US Department of the Army, American Civil Liberties Union

Timeline Tags: Torture of US Captives

Bruce Ivins working as a Red Cross volunteer in 2003.Bruce Ivins working as a Red Cross volunteer in 2003. [Source: Associated Press]During a several day search of a pond near Frederick, Maryland, by FBI investigators for clues to the anthrax attacks (see October 5-November 21, 2001), Scientist Bruce Ivins is there with the investigators, working as a Red Cross volunteer. Ivins will commit suicide in 2008 after coming under scrutiny as the FBI’s main suspect in the anthrax attacks (see July 29, 2008). The pond search is highly publicized at the time, and is an unsuccessful effort to find evidence connecting the attacks to Steven Hatfill, the FBI’s main suspect at the time (see December 12-17, 2002). The pond is near USAMRIID, the US Army’s top bioweapons laboratory where Ivins works and Hatfill used to work. As a Red Cross volunteer, Ivins serves coffee, donuts, and snacks to FBI agents and other investigators in a military tent. He is eventually removed after officials realize he is an anthrax researcher who could compromise the investigation. Apparently, Ivins is a regular Red Cross volunteer at the time. Miriam Fleming, another Red Cross volunteer working at the pond search, will later recall that Ivins “was kind of goofy, but he was always in a good mood. He seemed so normal.” [New York Times, 8/7/2008]

Entity Tags: Miriam Fleming, Federal Bureau of Investigation, Bruce Ivins, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks

Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]

Entity Tags: Steven Morello, Naval Criminal Investigative Service, Alberto Mora, US Department of the Army, Donald Rumsfeld, Michael Gelles, Geoffrey D. Miller, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]

Entity Tags: Alberto Mora, Gordon England, David S. Addington, William J. Haynes, Lawrence Wilkerson, Donald Rumsfeld, US Department of Defense, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

Posse Comitatus and Aryan Nations leader James Wickstrom (see 1969 and 1984) rails against slain civil rights leader Dr. Martin Luther King Jr. at a white separatist “skinhead” gathering, saying: “I have a dream! If that g_ddamn n_gger can have a dream, I can have a dream, too. I have a dream that in the days to come there won’t be anyone who isn’t white that’s gonna be in America!” [Southern Poverty Law Center, 2010]

Entity Tags: Aryan Nations, James Wickstrom, Posse Comitatus

Timeline Tags: US Domestic Terrorism

UNMOVIC inspectors say they have yet to uncover evidence indicating that Iraq has resumed its production of weapons of mass destruction. After providing the UN Security Council with a summary of the inspectors’ findings, Hans Blix tells reporters in New York, “We have now been there for some two months and been covering the country in ever wider sweeps and we haven’t found any smoking guns.” [Guardian, 1/10/2003] But Ari Fleischer, the White House press secretary, insists that the absence of evidence is of little concern, asserting, “The problem with guns that are hidden is you can’t see their smoke. We know for a fact that there are weapons there.” [Guardian, 1/10/2003] When asked how he knows this, Fleischer quotes from the UN weapons inspectors’ report and notes, “So while they’ve [UN Inspectors] said that there’s no smoking gun, they said the absence of it is not assured. And that’s the heart of the problem. The heart of the problem is Iraq is very good at hiding things.” [White House, 1/9/2003] John Negroponte, the US ambassador to the UN, accuses Iraq of “legalistic” cooperation, claiming that it needs to act proactively. He also says, “There is still no evidence that Iraq has fundamentally changed its approach from one of deceit to a genuine attempt to be forthcoming.” [Guardian, 1/10/2003] Colin Powell also seems undaunted by Blix’s remarks. “The lack of a smoking gun does not mean that there’s not one there,” he says, “If the international community sees that Saddam Hussein is not cooperating in a way that would not allow you to determine the truth of the matter, then he is in violation of the UN resolution [1441] (see November 8, 2002)…You don’t really have to have a smoking gun.” [News24, 1/10/2003] Sir Jeremy Greenstock, the British ambassador to the UN, echoes views from Washington, asserting that the “passive cooperation of Iraq has been good in terms of access and other procedural issues,” and adds, “But proactive cooperation has not been forthcoming—the kind of cooperation needed to clear up the remaining questions in the inspectors’ minds.” [Guardian, 1/10/2003]

Entity Tags: John Negroponte, United Nations Monitoring, Verification and Inspection Commission, Ari Fleischer, Jeremy Greenstock, Hans Blix, Colin Powell

Timeline Tags: Events Leading to Iraq Invasion

A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. [Washington File, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld, James T. Hill, Daniel J. Dell’Orto

Timeline Tags: Torture of US Captives

In a memo to General Counsel William J. Haynes, Defense Secretary Donald Rumsfeld, without an explanation, rescinds his authorization for the majority of the interrogation methods he approved in December (see December 2, 2002). The remaining methods can only be used with his express approval and on an individual basis. [New York Times, 8/25/2004] He also forms a panel of top Defense Department officials, known as the General Counsel Interrogation Working Group, “to assess the legal, policy, and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism.” This should ultimately result in the development of proper interrogation techniques. [MSNBC, 6/23/2004] The working group will consist of people working in the offices of Haynes, Douglas Feith, the military departments, and the Joint Staff. Haynes will be the panel’s chairman. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Donald Rumsfeld, Douglas Feith, William J. Haynes

Timeline Tags: Torture of US Captives

Robert Bartley.Robert Bartley. [Source: Slate]The Wall Street Journal’s editorial page editor emeritus, Robert Bartley, acknowledges that Fox News’s slogan, “We report, you decide,” is a “pretense.” Bartley, a staunch conservative, writes: “Even more importantly, the amazing success of Roger Ailes at Fox News (see October 7, 1996) has provided a meaningful alternative to the Left-establishment slant of the major networks.… His news is no more tilted to the right than theirs has been on the left, and there’s no reason for him to drop his ‘we report, you decide’ pretense until they drop theirs” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 49] In May 2003, ABC News president David Westin will say: “I like ‘We report. You decide.’ It’s a wonderful slogan. Too often, I don’t think that’s what’s going on at Fox. Too often, they step over the line and try and help people decide what is right and wrong.” Fox News pundit and host Bill O’Reilly will agree. Asked whether a more accurate tag line for Fox might be “We report. We decide,” he will reply, “Well, you’re probably right.” Todd Gitlin of the Columbia Journalism School will add: “I find it hard to believe many Fox viewers believe Bill O’Reilly is a ‘no-spin zone,’ or ‘We report. You decide.’ It’s a joke. In Washington it reinforces the impression of ‘we happy few who are members of the club.’ It emboldens the right wing to feel justified and confident they can promote their policies.” [New Yorker, 5/26/2003]

Entity Tags: Fox News, David Westin, Wall Street Journal, Bill O’Reilly, Robert Bartley, Todd Gitlin, Roger Ailes

Timeline Tags: Domestic Propaganda

Richard Reid is sentenced to 80 years in prison and fined over $2,000,000 for his attempt to blow up a transatlantic airliner with explosives hidden in his shoe (see December 22, 2001). During the sentencing, Reid plays to the gallery in the court, declaring himself a “soldier of Islam,” admitting allegiance to Osama bin Laden, and accusing the US of killing millions in Iraq. This leads to a confrontation with the judge and a row in the court, and Reid has to be wrestled out of the courtroom. Authors Sean O’Neill and Daniel McGrory will comment, “it is not clear how the judge thought the penniless Reid would ever pay [the fine].” Reid had previously pleaded guilty, meaning that the sentencing was not preceded by a trial, and details of the plot remain unknown. [CNN, 1/31/2003; O'Neill and McGrory, 2006, pp. 234]

Entity Tags: Richard C. Reid

Timeline Tags: Complete 911 Timeline

The FBI gathered a significant amount of evidence that showed links between convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and 7:14 a.m. June 11, 2001) and white supremacists who had threatened to attack government buildings, according to investigative memos procured by the Associated Press. This evidence includes hotel receipts, a speeding ticket, prisoner interviews, informant reports, and phone records suggesting that McVeigh had contact with white supremacists connected to the Elohim City community (see 1983, January 23, 1993 - Early 1994, April 1993, October 12, 1993 - January 1994, August 1994 - March 1995, August - September 1994, September 12, 1994 and After, September 13, 1994 and After, November 1994, December 1994, February 1995, March 1995, (April 1) - April 18, 1995, April 5, 1995, April 8, 1995, and Before 9:00 A.M. April 19, 1995). “It is suspected that members of Elohim City are involved either directly or indirectly through conspiracy,” FBI agents wrote in a memo shortly after the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). An FBI teletype shows that some of the supremacists who were present when McVeigh called Elohim City (see April 5, 1995) were familiar with explosives, and had made a videotape in February 1995 vowing to wage war against the federal government and promising a “courthouse massacre.” The AP notes that the Murrah Building, devastated by the blast, was directly across the street from the federal courthouse. The teletype also notes that two members of a violent Aryan Nation bank robbery gang who live in the Elohim City compound left the compound on April 16 for a location in Kansas a few hours away from where McVeigh completed the final assembly of the bomb (see 8:15 a.m. and After, April 18, 1995). Some of the evidence was not turned over to McVeigh’s lawyers for his trial. “They short-circuited the search for the truth,” says McVeigh’s original lead attorney, Stephen Jones. “I don’t doubt Tim’s role in the conspiracy. But I think he clearly aggrandized his role, enlarged it, to cover for others who were involved.” The FBI agent in charge of the investigation, Dan Defenbaugh, says he never saw the FBI teletype that linked McVeigh to the Elohim City community. He says he would not have considered the teletype a “smoking gun” that would have altered the outcome of the investigation, but his team “shouldn’t have been cut out. We should have been kept in on all the items of the robbery investigation until it was resolved as connected or not connected to Oklahoma City.” Defenbaugh adds that he knew nothing of a 1996 plea offer by prosecutors to one of the robbers, Peter Kevin Langan (identified by the AP as Kevin Peter Langan), who said he had information about the bombing. Langan made several demands the government was unwilling to meet, and the plea offer was rescinded. Langan’s lawyer later said Langan could disprove the April 19, 1995 alibis for two of the bank robbers, casting doubt on their denials of non-involvement with the bomb conspiracy. The FBI acknowledges its failure to turn over some documents, but says it found no evidence that McVeigh was involved with anyone in the conspiracy aside from his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). FBI spokesman Mike Kortan says: “We believe we conducted an exhaustive investigation that pursued every possible lead and ran it to ground. We are confident that those who committed the crime have been brought to justice and that there are no other accomplices out there.” Part of the problem, Defenbaugh says, was that white supremacist militia groups shared many of McVeigh’s far-right beliefs, and some had their own plans for carrying out bombings that had nothing to do with McVeigh’s tightly controlled conspiracy. “Even though we had our conspiracy theories, we still had to deal with facts and the fact is we couldn’t find anyone else who was involved,” Defenbaugh says. Jones says of the Elohim City connection: “I think Tim was there. I think he knew those people and I think some helped, if not in a specific way, in a general way.” Retired FBI agent Danny Coulson says: “I think you have too many coincidences here that raise questions about whether other people are involved. The close associations with Elohim City and the earlier plan to do the same Murrah building all suggest the complicity of other people.” [Associated Press, 2/13/2003]

Entity Tags: Federal Bureau of Investigation, Associated Press, Danny Coulson, Elohim City, Mike Kortan, Terry Lynn Nichols, Danny Defenbaugh, Timothy James McVeigh, Peter Kevin Langan, Stephen Jones

Timeline Tags: US Domestic Terrorism

Florida’s Second Court of Appeals overturns a wrongful-firing ruling against Fox Television by a lower court (see August 18, 2000), finding in favor of the network against two citizen plaintiffs who claim they were fired by Fox News for refusing to falsify a news segment they were producing for a local affiliate. In essence, the court rules that Fox, and by extension other media outlets, can legally lie to their consumers: that there is no law against distorting or falsifying the news in the US. The appeals court holds that the plaintiffs’ threat to report the network to the Federal Communications Commission (FCC) does not deserve protection under Florida’s whistleblower statute, because a whistleblower must report “an employer breaking an adopted law, rule, or regulation.” The FCC has a policy against falsification of the news, but the court, in what the St. Louis Journalism Review will call “a stunningly narrow interpretation of FCC rules,” rules that the policy does not rise to the level of a “law, rule, or regulation.” Therefore, Fox Television’s Fox News Channel or any other news producer can produce willfully false stories and claim they are true, without fear of reprisal. In their court arguments, lawyers for Fox Television asserted that no rules or laws exist that prohibit distorting or falsifying news reports: that, under the First Amendment, broadcasters have the right to lie or deliberately distort news reports on the public airwaves. The attorneys did not dispute that network officials pressured the plaintiffs to produce a false story; instead, they argued that it was the network’s right to do so. Fox Television won “friend of the court” support from five major news owners: Belo Corporation, Cox Television, Gannett, Media General Operations, and Post-Newsweek Stations. [St. Louis Journalism Review, 12/1/2007] After the verdict, the local Fox affiliate, WTVT-TV, airs a news report saying it is “totally vindicated” by the verdict. [Sierra Times, 2/28/2009]

Entity Tags: Gannett Corporation, Cox Television, Belo Corporation, Federal Communications Commission, Fox News, Post-Newsweek Stations, Fox Broadcasting Company, Media General Operations, WTVT-TV

Timeline Tags: Domestic Propaganda

A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]

Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Some of the documents turned over to the UN by Iraq.Some of the documents turned over to the UN by Iraq. [Source: CIA]United Nations Monitoring, Verification and Inspection Commission chief arms inspector Hans Blix provides a quarterly report to the UN Security Council on the progress of inspections in Iraq, as required by UN Security Resolution 1284 (1999). It is the twelfth such report since UNMOVIC’s inception. Blix’s report to the Council does not contain any evidence to support US and British claims that Iraq has weapons of mass destruction or the programs to develop such weapons. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003] International Atomic Energy Agency (IAEA) Director General Mohamed ElBaradei also reports to the Council and says there are no signs that Iraq has reconstituted its nuclear weapons program. [United Nations, 3/7/2003 pdf file]
UNMOVIC Report by Hans Blix -
bullet There is no evidence that Iraq has mobile biological weapons factories, as was recently alleged by Colin Powell in his February 5 presentation (see February 5, 2003) to the UN. “Several inspections have taken place… in relation to mobile production facilities,” Blix says. “No evidence of proscribed activities has so far been found.” He further explains that his inspectors had examined numerous mobile facilities and large containers with seed processing equipment. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003; Agence France-Presse, 3/7/2003]
bullet The Iraqi government has increased its cooperation with inspectors since the end of January. It is attempting to quantify the biological and chemical weapons that it says were destroyed in 1991. [United Nations, 3/7/2003 pdf file; CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003]
bullet Iraq’s destruction of several Al Samoud II missiles represents a real step towards disarmament. “The destruction undertaken constitutes a substantial measure of disarmament,” he says. “We are not watching the destruction of toothpicks. Lethal weapons are being destroyed.” [CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003] Blix adds, “The destruction undertaken constitutes a substantial measure of disarmament—indeed, the first since the middle of the 1990s.” Major Corrine Heraud, the chief weapons inspector for UNMOVIC in this operation, calls the level of cooperation from the Iraqis “unprecedented,” something that she never would have expected and did not encounter during the 1996-98 inspections. [Middle East Policy Council, 6/2004]
bullet Blix says that the UN inspectors needed a few more months to finish their work. “Even with a proactive Iraqi attitude induced by continued outside pressure, it will still take some time to verify sites and items, analyze documents, interview relevant persons and draw conclusions,” he says, concluding, “It will not take years, nor weeks, but months.” [CNN, 3/7/2003; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003]
bullet Iraqi scientists have recently accepted inspectors’ requests to be interviewed without “minders.” “Since we started requesting interviews, 38 individuals were asked for private interviews, of which 10 accepted under our terms, seven during the past week,” Blix explains. [CNN, 3/7/2003]
bullet Some Iraqi scientists have agreed to interviews without “minders”—but more cooperation is needed. Blix says, “While the Iraqi side seems to have encouraged interviewees not to request the presence of Iraqi officials or the taping of the interviews, conditions ensuring the absence of undue influences are difficult to attain inside Iraq.” [CNN, 3/7/2003] Iraq needs to turn over more documents. “Iraq, with a highly developed administrative system, should be able to provide more documentary evidence about its proscribed weapons. Only a few new such documents have come to light so far and been handed over since we began.” [CNN, 3/7/2003] There is no evidence of underground weapons facilities. Blix says: “There have been reports, denied by Iraq, that proscribed activities are conducted underground. Iraq should provide information on underground structures suitable for the production or storage of weapons of mass destruction. During inspections of declared or undeclared facilities, inspectors examined building structures for any possible underground facilities. In addition, ground-penetrating radar was used in several locations. No underground facilities for chemical or biological production or storage were found.” [CNN, 3/7/2003]
IAEA report by Mohamed ElBaradei -
bullet There is no evidence that the aluminum tubes imported by Iraq in July 2001 were meant for a nuclear weapons program. ElBaradei says: “Extensive field investigation and document analysis have failed to uncover any evidence that Iraq intended to use these 81mm tubes for any project other than the reverse engineering of rockets.… Moreover, even had Iraq pursued such a plan, it would have encountered practical difficulties in manufacturing centrifuges out of the aluminum tubes in question.” [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Washington Post, 3/8/2003]
bullet There is no evidence that Iraq tried to obtain uranium from Niger. Documents provided to the International Atomic Energy Agency by the US were determined to be forgeries. The documents were a collection of letters between an Iraqi diplomat and senior Niger officials discussing Iraq’s interest in procuring a large amount of uranium oxide (see Afternoon October 7, 2002). “Based on thorough analysis, the IAEA has concluded, with the concurrence of outside experts, that documents which formed the basis for the reports of recent uranium transactions between Iraq and Niger are in fact not authentic,” ElBaradei explains. “We have therefore concluded that these specific allegations are unfounded” (see June 12, 2003). [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Washington Post, 3/8/2003; Globe and Mail, 3/8/2003; Guardian, 3/8/2003]
bullet The IAEA has yet to come across evidence of a nuclear weapons program. “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq,” ElBaradei states. “[T]here is no indication of resumed nuclear activities in those buildings that were identified through the use of satellite imagery as being reconstructed or newly erected since 1998, nor any indication of nuclear-related prohibited activities at any inspected sites.” [United Nations, 3/7/2003 pdf file; Los Angeles Times, 3/7/2003; Associated Press, 3/7/2003; Globe and Mail, 3/8/2003; Washington Post, 3/8/2003]
bullet In a direct response to allegations made by Colin Powell on February 5 (see February 5, 2003) related to the attempted procurement of magnets that could be used in a gas centrifuge, ElBaradei, says: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters, and field telephones. Through visits to research and production sites, reviews of engineering drawings, and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” [United Nations, 3/7/2003 pdf file]
bullet Iraq’s industrial capacity “has deteriorated” at the inspected sites because of lack of maintenance and funds. [United Nations, 3/7/2003 pdf file]
bullet ElBaradei concludes: “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq.… I should note that, in the past three weeks, possibly as a result of ever-increasing pressure by the international community, Iraq has been forthcoming in its cooperation, particularly with regard to the conduct of private interviews and in making available evidence that contributes to the resolution of matters of IAEA concern.” [Middle East Policy Council, 6/2004]
Inspections 'Fruitful,' Say French, Russians - Both sides claim that the reports give further support to each of their respective stances on the issue of Iraqi disarmament. French Foreign Minister Dominique de Villepin tells the Council that the reports “testify to the progress” of the inspections. He states that France will not support another resolution because “we cannot accept any ultimatum, any automatic use of force.” Russian Foreign Minister Igor Ivanov says that the reports demonstrate that inspections have been “fruitful.”
Inspections Not Working, US Claims - The Bush administration does not alter its position, despite statements by the two inspectors that Iraq is cooperating with inspections and complying with demands to disarm. Colin Powell, responding to the inspectors’ reports, reiterates the administration’s position that the inspections are not working and that Saddam is not cooperating. “We must not walk away,” Powell says. “We must not find ourselves here this coming November with the pressure removed and with Iraq once again marching down the merry path to weapons of mass destruction, threatening the region, threatening the world.” He claims that Iraq’s behavior is a “a catalog still of noncooperation” and repeats the administration’s allegation that the “Iraq regime continues to possess and conceal some of the most lethal weapons ever devised.” Back at the White House, Ari Fleischer tells reporters, “As the president has said, if the United Nations will not disarm Saddam Hussein, it will be another international organization, a coalition of the willing that will be made up of numerous nations that will disarm Saddam Hussein.” [CNN, 3/6/2003; CNN, 3/7/2003; Independent, 3/7/2003; US Department of State, 3/7/2003 pdf file]
Bush: Missile Destruction 'Meaningless' - Bush himself will call the destruction of Iraqi missiles “meaningless” and nothing more than an Iraqi “campaign of destruction,” shocking UNMOVIC inspectors: “We didn’t know what to make of [his words],” one inspector says afterwards. Former State Department official Patrick Lang will write: “In the final weeks of the countdown to war, the administration’s actions resembled nothing so much as some of the madder scenes from Alice in Wonderland. The fact that the documents the administration had used to ‘prove’ that Iraq was working on nuclear weapons were forged only led to greater insistence that Iraq was a danger. The absence of discovery of WMD by the UN inspectors was only further evidence that the Iraqis were the greatest deceivers in history and that they had succeeded in concealing their location. The destruction of the Al Samoud missiles was just more evidence of a ‘grand deception.’” [Middle East Policy Council, 6/2004]
Uranium Allegations 'Outrageous,' Says Former Ambassador - The Washington Post and Los Angeles Times do give the story front-page coverage, and on CNN, former ambassador Joseph Wilson (see July 6, 2003) calls the uranium allegation “outrageous,” adding that the claim “taints the whole rest of the case that the government is trying to build against Iraq.” The US government is “simply stupid” for not finding out the truth sooner: “a couple of phone calls” could have proven that such a deal between Iraq and Niger could not have happened: “All this stuff is open,” Wilson says. “It’s a restricted market of buyers and sellers.” [Rich, 2006, pp. 71]
IAEA Report 'Widely Ignored' - Author and media critic Frank Rich will later note, “With America’s March 17 deadline for war (see March 17, 2003 and March 17, 2003) dominating the news, ElBaradei’s pronoucements were widely ignored. The news of the forged uranium documents did not make any of the three network evening newscasts and did not appear in the following day’s New York Times. (It would turn up a day later, in a four-hundred word story on page A13.)” [Rich, 2006, pp. 71]

Entity Tags: Corrine Heraud, Ari Fleischer, Colin Powell, Dominique de Villepin, Patrick Lang, Frank Rich, Mohamed ElBaradei, International Atomic Energy Agency, Joseph C. Wilson, United Nations Monitoring, Verification and Inspection Commission, Igor Ivanov, Hans Blix

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

Erica Chase, a member of the World Church of the Creator (WCOTC—see May 1996 and After), is convicted of plotting to blow up Jewish and African-American landmarks in and around Boston. Her boyfriend, Leo Felton, a member of the small white supremacist group The White Order of Thule, is also convicted of the same set of crimes. Chase is given five years in prison by US District Court Judge Nancy Gertner, who calls the plans “hateful” and “horrible”; Felton, who has served time for attempting to murder an African-American taxi driver, receives nearly 22 years in prison. Prosecutors accused Chase and Felton of plotting to foment a “racial holy war” (see 1973). Chase tells the court that she is sorry for her role in the plot and no longer harbors her racial hatreds. “I didn’t see how ugly and disturbing my life was when I was living in the middle of it. I had to be ripped out of it,” she says. “I have a lot of shame for everything.” The couple was arrested in August 2001 for passing counterfeit bills. Prosecutors said that Felton made the counterfeit money to help fund the plan, which included the use of a “fertilizer bomb” similar to that used in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The defense argued that the two were prosecuted solely for their white supremacist beliefs. [Associated Press, 3/13/2003]

Entity Tags: Leo Felton, Erica Chase, Nancy Gertner, The White Order of Thule, World Church of the Creator

Timeline Tags: US Domestic Terrorism

The Justice Department sends a legal memorandum to the Pentagon that claims federal laws prohibiting torture, assault, maiming, and other crimes do not apply to military interrogators questioning al-Qaeda captives because the president’s authority as commander in chief overrides the law. The 81-page memo, written by the Office of Legal Counsel’s John Yoo, is not publicly revealed for over five years (see April 1, 2008).
President Can Order Maiming, Disfigurement of Prisoners - Yoo writes that infractions such as slapping, shoving, and poking detainees do not warrant criminal liability. Yoo goes even farther, saying that the use of mind-altering drugs can be used on detainees as long as they do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008] Yoo asks if the president can order a prisoner’s eyes poked out, or if the president could order “scalding water, corrosive acid or caustic substance” thrown on a prisoner. Can the president have a prisoner disfigured by slitting an ear or nose? Can the president order a prisoner’s tongue torn out or a limb permanently disabled? All of these assaults are noted in a US law prohibiting maiming. Yoo decides that no such restrictions exist for the president in a time of war; that law does not apply if the president deems it inapplicable. The memo contains numerous other discussions of various harsh and tortuous techniques, all parsed in dry legal terms. Those tactics are all permissible, Yoo writes, unless they result in “death, organ failure, or serious impairment of bodily functions.” Some of the techniques are proscribed by the Geneva Conventions, but Yoo writes that Geneva does not apply to detainees captured and accused of terrorism. [Washington Post, 4/6/2008]
'National Self-Defense' - Yoo asserts that the president’s powers as commander in chief supersede almost all other laws, even Constitutional provisions. “If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network,” Yoo writes. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.… Even if an interrogation method arguably were to violate a criminal statute, the Justice Department could not bring a prosecution because the statute would be unconstitutional as applied in this context.” Interrogators who harmed a prisoner are protected by a “national and international version of the right to self-defense.” He notes that for conduct during interrogations to be illegal, that conduct must “shock the conscience,” an ill-defined rationale that will be used by Bush officials for years to justify the use of waterboarding and other extreme interrogation methods. Yoo writes, “Whether conduct is conscience-shocking turns in part on whether it is without any justification,” explaining that that it would have to be inspired by malice or sadism before it could be prosecuted.
Memo Buttresses Administration's Justifications of Torture - The Justice Department will tell the Defense Department not to use the memo nine months later (see December 2003-June 2004), but Yoo’s reasoning will be used to provide a legal foundation for the Defense Department’s use of aggressive and potentially illegal interrogation tactics. The Yoo memo is a follow-up and expansion to a similar, though more narrow, August 2002 memo also written by Yoo (see August 1, 2002). Defense Secretary Donald Rumsfeld will suspend a list of aggressive interrogation techniques he had approved, in part because of Yoo’s memo, after an internal revolt by Justice Department and military lawyers (see February 6, 2003, Late 2003-2005 and December 2003-June 2004). However, in April 2003, a Pentagon working group will use Yoo’s memo to endorse the continued use of extreme tactics. [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008; New York Times, 4/2/2008]
Justice Department Claims Attorney General Knows Nothing of Memo - Yoo sends the memo to the Pentagon without the knowledge of Attorney General John Ashcroft or Ashcroft’s deputy, Larry Thompson, senior department officials will say in 2008. [Washington Post, 4/4/2008]

Entity Tags: US Department of Justice, John C. Yoo, Larry D. Thompson, Al-Qaeda, Office of Legal Counsel (DOJ), Donald Rumsfeld, John Ashcroft, Geneva Conventions, US Department of Defense

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

UN Secretary General Kofi Annan orders all UN weapons inspectors, peacekeepers, and humanitarian aid workers to withdraw from Iraq. [Washington File, 3/17/2003] UN inspectors have been in Iraq since November 18 (see November 18, 2002). During their four months of work in Iraq, they inspected hundreds of sites (some of them more than once) and found no evidence of ongoing WMD programs. Their work was reportedly obstructed, not by the Iraqis, but by the US, which refused to provide inspectors with the intelligence they needed to identify sites for inspection (see February 12, 2003, December 5, 2002, December 6, 2002, December 20, 2002, and January 11, 2003). Of the 105 sites identified by US intelligence as likely housing illicit weapons, 21 were deliberately withheld from inspectors. [Bamford, 2004, pp. 344] Reflecting on the inspections in 2009, Hans Blix, the chief of the UN weapons inspection team, will say: “In March 2003, when the invasion took place, we could not have stood up and said, ‘There is nothing,’ because to prove the negative is really not possible. What you can do is to say that we have performed 700 inspections in some 500 different sites, and we have found nothing, and we are ready to continue. If we had been allowed to continue a couple of months, we would have been able to go to all of the some hundred sites suggested to us, and since there weren’t any weapons of mass destruction, that’s what we would have reported. And then I think that, at that stage, certainly the intelligence ought to have drawn the conclusion that their evidence was poor.” [Vanity Fair, 2/2009]

Entity Tags: United Nations Monitoring, Verification and Inspection Commission, Bush administration (43), International Atomic Energy Agency, Hans Blix, Kofi Annan

Timeline Tags: Events Leading to Iraq Invasion

March 19, 2003: US and Partners Invade Iraq

A building in Baghdad is bombed during the US invasion of Iraq.A building in Baghdad is bombed during the US invasion of Iraq. [Source: Reuters]The US begins its official invasion of Iraq (see (7:40 a.m.) March 19, 2003). While most observers expect a traditional air assault, the US planners instead launch what they call a “Shock and Awe” combination of air and ground assaults designed to avoid direct confrontations with Iraqi military forces and instead destroy Iraqi military command structures. [CNN, 3/20/2003; CNN, 3/20/2003; Unger, 2007, pp. 302] The initial invasion force consists of 250,000 US forces augmented by 45,000 British troops and small contingents from Poland, Australia, and Denmark, elements of the so-called “coalition of the willing.” [BBC, 3/18/2003; Unger, 2007, pp. 302]

Entity Tags: United States

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Iraq under US Occupation

Ervin Elbert Hurlbert and Donald Little are arrested while trying to impersonate “Montana marshals” in order to facilitate the escape of Montana Freemen (see 1993-1994) leader LeRoy Schweitzer (see 1983-1995) from a federal prison in Edgefield, South Carolina. Schweitzer is serving a 22-year sentence for a variety of crimes relating to bank and check fraud (see July 3-8, 1998 and March 16, 1999). Both Hurlbert and Little are arraigned for attempting to aid a prisoner’s escape; Hurlbert is also charged with impersonating a law enforcement officer. The two enter the lobby of the Edgefield prison, identify themselves to a prison official as “Montana marshals,” and tell the official that they are there to take custody of Schweitzer. They give the official documents to “prove” their assertion, including a writ demanding that the warden relinquish custody of Schweitzer to “Marshal Ervin Elbert clan of Hurlbert.” One of the documents reads, “United States of America Special appointed Marshal Ervin Elbert: clan of Hurlbert shall assume full responsibility for the custody of the Justice/Petitioner,” meaning Schweitzer. The documents state that Schweitzer is “volunteering to return to the Country of Montana.” The documents are signed by Schweitzer and three former Edgefield inmates. Instead of releasing Schweitzer, prison officials notify local law enforcement, and sheriff’s deputies arrest Hurlbert and Little. FBI agent Deborah DeVito tries to interview Little, but he refuses to answer questions and instead repeats the claim that he is a “process server, noncombatant.” Little also tells DeVito that he is not a United States citizen but an “American National Citizen” and a foreigner from the “Country of Montana.” Hurlbert waives his legal rights, but refuses to sign a waiver form, telling DeVito that he owns his name and will not sign anything. Hurlbert says Schweitzer sent him the documents. He also tells DeVito that the codes of the “Country of Montana permit the establishment of their own Supreme Court and Justices.” Hurlbert says he had no intention of using violence, but admits to having a pistol in his vehicle. He says the gun is registered in the “Country of Montana.” [Associated Press, 3/25/2003]

Entity Tags: Montana Freemen, Deborah DeVito, Donald Little, LeRoy Schweitzer, Ervin Elbert Hurlbert

Timeline Tags: US Domestic Terrorism

Fox News commentator Bill O’Reilly says that those who oppose the Iraq war, such as actor Sean Penn and journalist Peter Arnett, are traitors. [Unger, 2007, pp. 290]

Entity Tags: Bill O’Reilly, Peter Arnett, Sean Penn, Fox News

Timeline Tags: Domestic Propaganda

Defense Secretary Donald Rumsfeld signs a memo on interrogation methods approving 24 of the 35 techniques recommended by the Pentagon working group (see April 4, 2003) earlier in the month. The new set of guidelines, to be applied to prisoners at Guantanamo and Afghanistan, is a somewhat softer version of the initial interrogation policy that Rumsfeld approved in December 2002 (see December 2, 2002). [Roth and Malinowski, 5/3/2004; Washington Post, 5/11/2004; Age (Melbourne), 5/13/2004; Washington Post, 5/13/2004; Los Angeles Times, 5/22/2004; Newsweek, 5/24/2004; Wall Street Journal, 6/7/2004; MSNBC, 6/23/2004; Truthout (.org), 6/28/2004] Several of the techniques listed are ones that the US military trains Special Forces to prepare for in the event that they are captured by enemy forces (see December 2001 and July 2002). [New York Times, 5/13/2004]
Two Classes of Methods - The list is divided into two classes: tactics that are authorized for use on all prisoners and special “enhanced measures” that require the approval of Lieutenant General Ricardo Sanchez. The latter category of methods includes tactics that “could cause temporary physical or mental pain,” like “sensory deprivation,” “stress positions,” “dietary manipulation,” forced changes in sleep patterns, and isolated confinement. [Washington Post, 5/11/2004; Washington Post, 5/13/2004] Other techniques include “change of scenery down,” “dietary manipulation,” “environmental manipulation,” and “false flag.” The first 18 tactics listed all appear in the 1992 US Army Field Manual (FM) 34-52, with the exception of the so-called “Mutt-and-Jeff” approach, which is taken from an obsolete 1987 military field manual (1987 FM 34-52). [USA Today, 6/22/2004] The approved tactics can be used in conjunction with one another, essentially allowing interrogators to “pile on” one harsh technique after another. Categories such as “Fear Up Harsh” and “Pride and Ego Down” remain undefined, allowing interrogators to interpret them as they see fit. And Rumsfeld writes that any other tactic not already approved can be used if he gives permission. Author and reporter Charlie Savage will later write, “In other words, there were no binding laws and treaties anymore—the only limit was the judgment and goodwill of executive branch officials. ” [Savage, 2007, pp. 181] The use of forced nudity as a tactic is not included in the list. The working group rejected it because its members felt it might be considered inhumane treatment under international law. [Associated Press, 6/23/2004]
Result of Discussions among Pentagon Officials - The memo, marked for declassification in 2013 [Truthout (.org), 6/28/2004] , is the outcome, according to Deputy General Counsel Daniel Dell’Orto, of discussions between Rumsfeld, William J. Haynes, Douglas Feith, Paul Wolfowitz, and General Richard Myers. [Washington File, 6/23/2004] One US official explains: “There are very specific guidelines that are thoroughly vetted. Everyone is on board. It’s legal.” However in May 2004, it will be learned that there was in fact opposition to the new guidelines. Pentagon lawyers from the Army Judge Advocate General’s office had objected (see May 2003 and October 2003) and many officials quietly expressed concerns that they might have to answer for the policy at a later date (see (April 2003)). [Washington Post, 5/11/2004; Washington Post, 5/13/2004]

Entity Tags: Donald Rumsfeld, Douglas Feith, Paul Wolfowitz, Richard B. Myers, William J. Haynes, Ricardo S. Sanchez, Daniel J. Dell’Orto, Charlie Savage

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives

Convicted Oklahoma City bombing conspirator Terry Nichols (see March 29, 1999) will stand trial on 160 counts of first-degree murder, Oklahoma State District Court Judge Allen McCall rules. The 160 murder counts represent the 160 citizens who died in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Nichols is already serving a life term in federal prison (see June 4, 1998) for his role in the bombing as it pertained to eight federal law enforcement officials killed in the blast. Nichols faces the death penalty in the upcoming trial. The United States Supreme Court has already ruled that a state trial does not amount to double jeopardy. The preliminary hearing features the same arguments and some of the same witnesses that testified against Nichols in 1997, most prominently Michael Fortier, a friend of Nichols’s co-conspirator Timothy McVeigh who is also serving jail time for his role in the bombing conspiracy (see May 27, 1998). [New York Times, 5/14/2003]

Entity Tags: Allen McCall, Terry Lynn Nichols, Timothy James McVeigh, Michael Joseph Fortier

Timeline Tags: US Domestic Terrorism

The New Yorker reports the results of an Annenberg survey of 673 mainstream news owners, executives, editors, producers, and reporters. Among the survey’s findings is the strong belief that Fox News (see 1995, October 7, 1996, and October 13, 2009)) has had a strong influence on the way broadcasters cover the news, as well as how others present the news on network and cable television programs. In 2002, when the CEO of General Electric, Jeffrey Immelt, was asked how he wanted to improve his own cable news network, MSNBC, he said: “I think the standard right now is Fox. And I want to be as interesting and as edgy as you guys are.” [New Yorker, 5/26/2003; Jamieson and Cappella, 2008, pp. 52]

Entity Tags: Annenberg Public Policy Center, Jeffrey Immelt, Fox News, General Electric

Timeline Tags: Domestic Propaganda

Anti-abortion activist Eric Robert Rudolph, wanted in a deadly spree of bombings that targeted abortion clinics, a gay and lesbian nightclub, and the 1996 Olympic Park in Atlanta (see October 14, 1998), is captured after five years of living as a fugitive from law enforcement attempts to find and arrest him. Rudolph is found in the mountainous Nantahala National Forest of western North Carolina, where FBI and other authorities believe he has been hiding since his 1998 bombing of an Alabama abortion clinic (see January 29, 1998). “He had been in the area the whole time,” says Cherokee County Sheriff Keith Lovin. Rudolph may face the death penalty. He was spotted by a Murphy, North Carolina, police officer, who saw him behind a local grocery store. The officer initially thought Rudolph might be a burglar. Rudolph does not resist arrest and is quickly brought into custody, where he is identified. Rudolph’s last known sighting was in July 1998. Rudolph later says that during some of his time as a fugitive, he was forced to subsist on acorns and salamanders until he began successfully stealing food from local businesses and residences.
Attorney General: Rudolph 'the Most Notorious American Fugitive' on FBI's List - Attorney General John Ashcroft calls Rudolph “the most notorious American fugitive on the FBI’s ‘Most Wanted’ list,” and adds, “This sends a clear message that we will never cease in our efforts to hunt down all terrorists, foreign or domestic, and stop them from harming the innocent.” Former nurse Emily Lyons, who was disfigured and disabled in the 1998 Alabama bombing, tells reporters that she has always believed Rudolph was alive and in hiding; she says she looks forward to confronting him in court and asking him why he bombed the clinic and other locales. “What was it that you picked that day, that place, for what purpose?” she says. “Why did you do the Olympics? Why did you do [that] to the others in Atlanta? What were you trying to tell everybody that day?… That’s the ultimate goal, to see him in court, possibly to talk to him and to see the final justice done.” Family members will tell reporters that Rudolph is against all forms of government, and holds white supremacist, anti-Semitic, and separatist views. He has been confirmed as a member of the violent anti-abortion and anti-gay organization Army of God (AOG—see 1982, August 1982, and July 1988). [CNN, 5/31/2003; CNN, 5/31/2003; CNN, 12/11/2003; Orlando Weekly, 8/24/2006]
Studied Unabomber - During his isolation in Murphy, Rudolph determined to become one of the most dangerous terrorists of all time. He focused primarily on the “lone wolf” methods employed by Ted Kaczynski, the “Unabomber” (see April 3, 1996). FBI agent Jack Killorin later says of Rudolph: “Eric was something of a student of the game. I think he learned from the Unabomber that if you go underground, the trail goes cold. If you isolate yourself, you can evade identification and capture.” [Orlando Weekly, 8/24/2006]
Praised by White Supremacist, Extremist Organizations - White supremacist and extremist anti-abortion groups praise Rudolph as a “hero” and “freedom fighter,” and call him a “martyr” for his actions. Some of the organizations call for further violence in emulation of Rudolph’s actions. The Anti-Defamation League (ADL) warns that the extremist “chatter” comprises a “a dangerous mix” of twisted conspiracy theories about Jews and calls to violence. “What some hatemongers and extremists are saying is, this person is a hero whose crusade against abortion and the government is noble and praiseworthy,” says Abraham Foxman of the ADL. “What is even more troubling is that some of the chatter is calling for violence or lone-wolf acts to be carried out in Rudolph’s name. Others are using the arrest as an excuse to spread twisted conspiracy theories about Jews. As we have seen in the past, this can be a dangerous mix.” A Pennsylvania faction of the Christian Identity and neo-Nazi group Aryan Nations (see Early 1970s) posts on its Web site: “Let his enemies gloat, for their days are numbered. There will always be another to fill the shoes of a fallen hero. The enemy has not won and will NEVER win.” An Atlantic City neo-Nazi group posts a comment saying: “[A]nother good solid white warrier becomes another prisoner of war! We need more lone wolves… WAY MORE!!!” A message posted on a White Revolution message board praises Rudolph for killing “degenerate scum.” A Christian Identity (see 1960s and After) poster warns that the government will escalate attempts to “persecute” white supremacist and neo-Nazi organizations. Several white supremacist organizations such as Stormfront charge the “Jewish-controlled media” with “unfairly” targeting their organizations in the wake of the Rudolph bombings. “[T]he message is clear,” one site posts. “Shut up, or else!” A Stormfront poster writes that if there were “more Erich [sic] Rudolphs, Timothy McVeighs, Benjamin Smiths, and Buford Furrows in America, we’d have a much nicer place to live.” Smith and Furrow are two white supremacists who went on deadly shooting sprees in the Midwest and California in the summer of 1999 (see July 2-4, 1999 and August 10, 1999). The AOG Web site posts a photo of a nurse injured in the Alabama bombing with the caption, “Babykilling Abortion Nurse Emily Lyons got a taste of her own medicine.” [Anti-Defamation League, 6/3/2003]

Entity Tags: Benjamin Smith, Timothy James McVeigh, Aryan Nations, Anti-Defamation League, Abraham Foxman, Theodore J. (“Ted”) Kaczynski, Stormfront, Federal Bureau of Investigation, John Ashcroft, Keith Lovin, Eric Robert Rudolph, Buford Furrow, Emily Lyons, Jack Killorin, Army of God

Timeline Tags: US Domestic Terrorism

A story in the New York Times about captured anti-abortion extremist Eric Rudolph (see April 14, 2005) portrays the sympathy many locals have for Rudolph, and ties Rudolph’s acts of terrorism with the Christian faith as espoused by some. Crystal Davis of Murphy, North Carolina, where Rudolph hid from authorities for five years, tells a reporter: “He’s a Christian and I’m a Christian and he dedicated his life to fighting abortion. Those are our values. And I don’t see what he did as a terrorist act.” Many Murphy residents agree with Davis’s views, and express their sympathy for Rudolph and their disdain for the federal agents who combed the area looking for him. Birdhouse builder William Hoyt says: “We thought it was kind of funny when the feds rolled in here all arrogant. They kept saying they didn’t need our help. It put a lot of people off. Nobody around here condones murder, but I think a lot of people weren’t sure which side to be on.” Some Murphy residents sport T-shirts with the slogans “Run, Rudolph, Run” and “Eric Rudolph—Hide and Seek Champion of the World.” Davis says she would have helped Rudolph had she been given the opportunity. “If he came to my door, I’d give him food,” she says. “That’s just how we are with strangers.” Assistant high school principal Bill Gaither says: “I agree with his views. But not his ways. I’m glad they finally got him.” [New York Times, 6/1/2003] Weeks later, liberal blogger David Neiwert will cite the Times article and ask if Rudolph might well be termed a “Christian terrorist.” Neiwert will write, referring to the “Christian Identity” movement of religious white supremacists and anti-Semites of which Rudolph is affiliated (see 1960s and After): “Both Mrs. Davis and the reporter’s basic question eliminated the distinction between Identity and Christianity—something that has become increasingly easy to do as Identity rhetoric attunes itself to the mainstream, and conservatism itself becomes increasingly bellicose and intolerant. These lines blurred even further as other media reports picked up the ‘Christian terrorist’ idea and played with it.” Washington Post reporter Alan Cooperman asks, “Is he a ‘Christian terrorist’?” and goes on: “The question is not just whether Rudolph is a terrorist, or whether he considers himself a Christian. It is whether he planted bombs at the 1996 Olympic Games in Atlanta, two abortion clinics, and a gay nightclub to advance a religious ideology—and how numerous, organized and violent others who share that ideology may be.” Cooperman then quotes a sociology professor from Idaho State University, James Aho, who says he is reluctant to use the term “Christian terrorist,” saying, “I would prefer to say that Rudolph is a religiously inspired terrorist, because most mainstream Christians consider Christian Identity to be a heresy.” If Christians take offense at the juxtaposition of the words “Christian” and “terrorist,” he adds, “that may give them some idea of how Muslims feel” when they constantly hear the term “Islamic terrorism.… Religiously inspired terrorism is a worldwide phenomenon, and every major world religion has people who have appropriated the label of their religion in order to legitimize their violence.… I’m inclined to believe that people who are violent in their inclinations search out a religious home that justifies their violence.” However, Syracuse University professor Michael Barkun says, “Based on what we know of Rudolph so far, and admittedly it’s fragmentary, there seems to be a fairly high likelihood that he can legitimately be called a Christian terrorist.” Barkin has been a consultant to the FBI on Christian extremist groups. [Washington Post, 6/2/2003; David Neiwert, 6/17/2003]

Entity Tags: New York Times, Crystal Davis, Bill Gaither, Alan Cooperman, David Neiwert, Michael Barkun, Eric Robert Rudolph, William Hoyt, James Aho

Timeline Tags: US Domestic Terrorism

Lewis “Scooter” Libby, chief of staff to Vice President Dick Cheney, “outs” a covert CIA agent to a reporter. Libby tells New York Times reporter Judith Miller, who has been a reliable outlet for administration leaks and disinformation (see December 20, 2001, August 2002, and May 1, 2003), that Valerie Plame Wilson is a CIA official. Plame Wilson is a covert CIA officer currently working at CIA headquarters on WMD issues in the Middle East. More importantly for Libby, she is the husband of former US ambassador Joseph Wilson, who went to Niger to verify the administration’s claims that Iraq had attempted to purchase uranium there (see February 21, 2002-March 4, 2002), and who has become an outspoken critic of the administration’s war policies both on television and in print (see July 6, 2003).
Libby Blames CIA for 'Slanted Intell' - Miller meets Libby at the Old Executive Building. Her focus is, as she has written in her notebook, “Was the intell slanted?” meaning the intelligence used to propel the US into war with Iraq. Libby is “displeased,” she notes, by what he calls the “selective leaking” of information to the press by the CIA. He calls it a “hedging strategy,” and Miller quotes him in her notes: “If we find it, fine, if not, we hedged.” Miller feels that Libby is trying to use the interview to set up a conflict between the White House and the CIA. He says that reports suggesting senior administration officials may have selectively used some intelligence reports to bolster their claims about Iraq while ignoring others are “highly distorted.” The thrust of his conversation, Miller will later testify (see September 30, 2005), is to try to blame the CIA for the intelligence failures leading up to the Iraq invasion. The CIA is now trying to “hedge” its earlier assessments, Libby says. He accuses it of waging what he calls a “perverted war” against the White House over the issue, and is clearly angry that it failed to, in his view, share its “doubts about Iraq intelligence.” He tells Miller, “No briefer came in [after the State of the Union address] and said, ‘You got it wrong, Mr. President.’”
Joseph Wilson and 'Valerie Flame' - Libby refers to “a clandestine guy,” meaning Wilson, and tells Miller that Cheney “didn’t know” about him, attempting to disassociate Cheney from any responsibility for Wilson’s trip. In her notes, Miller writes, “wife works in bureau?” and she will later testify that she is sure Libby is referring to the CIA. In her notes, she also writes the words “Valerie Flame,” a misspelled reference to Wilson’s wife. [New York Times, 10/16/2005; Vanity Fair, 4/2006; Unger, 2007, pp. 310; MSNBC, 2/21/2007]
No Story from Interview - Miller does not write a story based on the conversation with Libby. [New York Times, 10/16/2005; New York Times, 10/16/2005]
Libby a 'Good-Faith Source' - Miller will later recall Libby as being “a good-faith source who was usually straight with me.” [New York Times, 10/16/2005] She will note that she was not accustomed to interviewing high-level White House officials such as him. For Miller, Libby was “a major figure” and “one of the most senior people I interviewed,” she will say. “I never interviewed the vice president, never met the president, and have met Karl Rove only once. I operated at the wonk level. That is why all of this stuff that came later about my White House spin is such bullsh_t. I did not talk to these people.… Libby was not a social friend, like Richard Perle.” [Vanity Fair, 4/2006]
Initial Incorrect Dating by Times - In October, the New York Times will initially, and incorrectly, identify the date of this conversation as June 25. [New York Times, 10/8/2005]

Entity Tags: Judith Miller, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Joseph C. Wilson, Valerie Plame Wilson, Central Intelligence Agency

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Apparently, the white supremacist ideology formerly thought of as a uniquely American issue has spread to South Africa. Ten years after the collapse of apartheid and whites-only rule in that country, dozens of right-wing, white supremacist groups are being founded in South Africa. Many of them believe that black majority rule is a punishment sent by God because of the disobedience by the Afrikaaner people. They view themselves as descendents of the 10 lost tribes of Israel, whites who are destined to rule over all races and forbidden to mix with other races. Many of these groups echo the Christian Identity ideology (see 1960s and After). Reverend Willie Smith, a former Baptist minister, founded the Lewende Hoop (Living Hope) community in Kroonstad in the Free State in the late 1990s. Smith says: “I looked around and saw the need of my people, the Afrikaaners. They do not know who they are. The other churches are not preaching the truth. But I tell them, you are the people of the Bible. The Bible was written for you.… We strayed from the teachings of the Bible. Our leaders sold us out. They want us to mix with the other races. But it is not working. The other churches are preaching that you must love all. But we don’t want that. We don’t want to overthrow the government. We have to wait for deliverance from the Lord.… We are suffering under this ANC [African National Congress]-communist regime. We want blacks, coloreds, and the other races to return to their traditions. If we rule, it will be a blessing for all of Africa.” Smith’s group allegedly consists of 30 congregations with a total of 6,000 believers. [Ontario Consultants on Religious Tolerance, 5/30/2006]

Entity Tags: African National Congress, Willie Smith

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Torture of US Captives

Joseph Wilson, the former US ambassador to Gabon and a former diplomatic official in the US embassy in Iraq during the Gulf War (see September 20, 1990), writes an op-ed for the New York Times entitled “What I Didn’t Find in Africa.” Wilson went to Africa over a year ago (see February 21, 2002-March 4, 2002 and July 6, 2003) to investigate claims that the Iraqi government surreptitiously attempted to buy large amounts of uranium from Niger, purportedly for use in nuclear weapons. The claims have been extensively debunked (see February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). Wilson opens the op-ed by writing: “Did the Bush administration manipulate intelligence about Saddam Hussein’s weapons programs to justify an invasion of Iraq? Based on my experience with the administration in the months leading up to the war, I have little choice but to conclude that some of the intelligence related to Iraq’s nuclear weapons program was twisted to exaggerate the Iraqi threat.” Wilson notes his extensive experience in Africa and the Middle East, and says candidly: “Those news stories about that unnamed former envoy who went to Niger? That’s me” (see May 6, 2003). He makes it very clear that he believes his findings had been “circulated to the appropriate officials within… [the] government.”
Journey to Niger - Wilson confirms that he went to Africa at the behest of the CIA, which was in turn responding to a directive from Vice President Cheney’s office. He confirms that the CIA paid his expenses during the week-long trip, and that, while overseas, “I made it abundantly clear to everyone I met that I was acting on behalf of the United States government.” About Nigerien uranium, Wilson writes: “For reasons that are understandable, the embassy staff has always kept a close eye on Niger’s uranium business. I was not surprised, then, when the ambassador [Barbro Owens-Kirkpatrick] told me that she knew about the allegations of uranium sales to Iraq—and that she felt she had already debunked them in her reports to Washington” (see November 20, 2001). Wilson met with “dozens of people: current government officials, former government officials, people associated with the country’s uranium business. It did not take long to conclude that it was highly doubtful that any such transaction had ever taken place.” Wilson notes that Nigerien uranium is handled by two mines, Somair and Cominak, “which are run by French, Spanish, Japanese, German, and Nigerian interests. If the government wanted to remove uranium from a mine, it would have to notify the consortium, which in turn is strictly monitored by the International Atomic Energy Agency. Moreover, because the two mines are closely regulated, quasi-governmental entities, selling uranium would require the approval of the minister of mines, the prime minister, and probably the president. In short, there’s simply too much oversight over too small an industry for a sale to have transpired.” Wilson told Owens-Kirkpatrick that he didn’t believe the story either, flew back to Washington, and shared his findings with CIA and State Department officials. “There was nothing secret or earth-shattering in my report,” he writes, “just as there was nothing secret about my trip.”
State of the Union Reference - Wilson believed that the entire issue was settled until September 2002, when the British government released an intelligence finding that asserted Iraq posed an immediate threat because it had attempted to purchase uranium from Africa (see September 24, 2002). Shortly thereafter, President Bush repeated the charges in his State of the Union address (see 9:01 pm January 28, 2003). Wilson was surprised by the charge, but put it aside after discussing the issue with a friend in the State Department (see January 29, 2003). Wilson now knows that Bush was indeed referring to the Niger claims, and wants to set the record straight.
Posing a Real Nuclear Threat? - Wilson is now concerned that the facts are being manipulated by the administration to paint Iraq as a looming nuclear threat, when in fact Iraq has no nuclear weapons program. “At a minimum,” he writes, “Congress, which authorized the use of military force at the president’s behest, should want to know if the assertions about Iraq were warranted.” He is quite sure that Iraq has some form of chemical and biological weapons, and in light of his own personal experience with “Mr. Hussein and his thugs in the run-up to the Persian Gulf war of 1991, I was only too aware of the dangers he posed.” But, he asks, are “these dangers the same ones the administration told us about? We have to find out. America’s foreign policy depends on the sanctity of its information.… The act of war is the last option of a democracy, taken when there is a grave threat to our national security. More than 200 American soldiers have lost their lives in Iraq already. We have a duty to ensure that their sacrifice came for the right reasons.” [New York Times, 7/6/2003]
'Playing Congress and the Public for Fools' - Former Nixon White House counsel John Dean will write in 2004 that after Wilson’s editorial appears, he checks out the evidence behind the story himself. It only takes Dean a few hours of online research using source documents that Bush officials themselves had cited, from the International Atomic Energy Agency, the Department of Energy, the CIA, and the United Nations. He will write: “I was amazed at the patently misleading use of the material Bush had presented to Congress. Did he believe no one would check? The falsification was not merely self-evident, it was feeble and disturbing. The president was playing Congress and the public for fools.” [Dean, 2004, pp. 145-146]

Entity Tags: US Department of Energy, Richard (“Dick”) Cheney, United Nations, Somair, Office of the Vice President, Joseph C. Wilson, Bush administration (43), Barbro Owens-Kirkpatrick, New York Times, Cominak, John Dean, George W. Bush, Central Intelligence Agency, International Atomic Energy Agency

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

White House press secretary Ari Fleischer has a telephone conversation with conservative syndicated columnist Robert Novak. Neither Fleischer nor Novak will reveal the contents of that conversation, though the conversation takes place shortly after the publication of Joseph Wilson’s op-ed debunking the administration’s attempts to claim that Iraq tried to buy uranium from Niger (see July 6, 2003) and a week before Novak, using White House sources, will reveal that Wilson’s wife is a CIA agent (see July 14, 2003). [New York Times, 7/19/2005] Fleischer will later testify (see January 29, 2007) that he learned that Wilson’s wife, Valerie Plame Wilson, was a CIA agent from White House official Lewis “Scooter” Libby (see 12:00 p.m. July 7, 2003). Libby told Fleischer that the knowledge of Plame Wilson’s CIA status is not widely known. [MSNBC, 2/21/2007]

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Lewis (“Scooter”) Libby, Ari Fleischer, Bush administration (43), Robert Novak

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Syndicated columnist Robert Novak discusses former ambassador Joseph Wilson’s journey to Niger (see February 21, 2002-March 4, 2002) with Deputy Secretary of State Richard Armitage (see Late June 2003). Novak asks Armitage, “Why in the world did [the CIA] send Joe Wilson on this?” and Armitage answers by revealing what he has learned from a State Department intelligence memo (see June 10, 2003) that Wilson’s wife, Valerie Plame Wilson, is a CIA agent who works with the issue of weapons of mass destruction. “I don’t know,” Armitage says, “but his wife works out there.” Armitage also tells Novak that Plame Wilson “suggested” her husband for the Niger trip. [Fox News, 9/8/2006; Wilson, 2007, pp. 256; Marcy Wheeler, 2/12/2007] Novak has already learned of Plame Wilson’s CIA status from White House press secretary Ari Fleischer (see July 7, 2003). Either later this day, or sometime during the next day, Novak also learns of Plame Wilson’s CIA status from White House political adviser Karl Rove (see July 8 or 9, 2003). Novak will publicly reveal Plame Wilson’s CIA status in his next column, apparently as part of an effort to discredit her husband (see July 6, 2003 and July 14, 2003). [New York Times, 7/15/2005; New York Times, 7/16/2005]

Entity Tags: Valerie Plame Wilson, Karl C. Rove, Richard Armitage, Central Intelligence Agency, Joseph C. Wilson, Robert Novak

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The Library Lounge of the St. Regis Hotel, where Libby and Miller discussed the Wilsons.The Library Lounge of the St. Regis Hotel, where Libby and Miller discussed the Wilsons. [Source: Starwood Hotels]Lewis Libby, Vice President Dick Cheney’s chief of staff, meets with New York Times reporter Judith Miller for breakfast at the St. Regis Hotel in Washington, DC. Libby has already learned that Joseph Wilson’s wife, Valerie Plame Wilson, is an undercover CIA agent (see 12:00 p.m. June 11, 2003 and (June 12, 2003)).
Again Reveals Plame Wilson's CIA Identity - During their two-hour meeting, Libby again tells Miller, who will testify to this conversation over two years hence (see September 30, 2005), that Wilson’s wife is a CIA agent (see June 23, 2003), and this time tells Miller that she works with WINPAC, the CIA’s Weapons Intelligence, Non-Proliferation, and Arms Control bureau that deals with foreign countries’ WMD programs.
Claims that Iraq Tried to Obtain African Uranium - Libby calls Wilson’s Times op-ed (see July 14, 2003) inaccurate, and spends a considerable amount of time and energy both blasting Wilson and insisting that credible evidence of an Iraq-Niger uranium connection indeed exists. He also says that few in the CIA were ever aware of Wilson’s 2002 trip to Niger to verify the uranium claims (see February 21, 2002-March 4, 2002). Miller will write: “Although I was interested primarily in my area of expertise—chemical and biological weapons—my notes show that Mr. Libby consistently steered our conversation back to the administration’s nuclear claims. His main theme echoed that of other senior officials: that contrary to Mr. Wilson’s criticism, the administration had had ample reason to be concerned about Iraq’s nuclear capabilities based on the regime’s history of weapons development, its use of unconventional weapons, and fresh intelligence reports.” Libby gives Miller selected information from the classified National Intelligence Estimate on Iraq (NIE—see October 1, 2002) that he says backs up the administration’s claims about Iraqi WMD and the Iraq-Niger uranium claim. That information will later be proven to be false: Cheney has instructed Libby to tell Miller that the uranium claim was part of the NIE’s “key judgments,” indicating that there was consensus on the claim’s validity. That is untrue. The claim is not part of the NIE’s key judgments, but is contained deeper in the document, surrounded by caveats such as the claims “cannot [be] confirm[ed]” and the evidence supporting the claim is “inconclusive.” Libby does not inform Miller about these caveats. [New York Times, 10/16/2005; Dubose and Bernstein, 2006, pp. 216-217; Rich, 2006, pp. 183-184; Washington Post, 4/9/2006] In subsequent grand jury testimony (see March 24, 2004), Libby will admit to giving Miller a bulleted copy of the talking points from the NIE he wanted her to emphasize. He will tell prosecutor Patrick Fitzgerald that he had it typed by his assistant Jenny Mayfield. “It was less than what I had been authorized to share with her,” he will say, and describes it as about a third of a page in length. This document will either not be submitted into evidence in Libby’s trial (see January 16-23, 2007) or not be made publicly available. [Marcy Wheeler, 2/22/2007]
Libby Identified as 'Former Hill Staffer' and Not White House Official - Miller agrees to refer to Libby as a “former Hill staffer” instead of a “senior administration official” in any story she will write from this interview. Though technically accurate, that characterization, if it had been used, would misdirect people into believing the information came from someone with current or former connections to Congress, and not from the White House. Miller will not write a story from this interview. In later testimony before a grand jury, Libby will falsely claim that he learned of Plame Wilson’s CIA identity “from reporters.” The reverse is actually true. [New York Times, 10/16/2005; Dubose and Bernstein, 2006, pp. 216-217; Rich, 2006, pp. 183-184] Libby is also apparently aware of Wilson’s 1999 trip to Niger to find out whether Pakistani scientist A. Q. Khan had tried to procure Nigerien uranium (see Late February 1999), as Libby’s notes include the notation “Khan + Wilson?” Cheney’s chief lawyer, David Addington, has also asked Libby about Wilson’s 1999 trip. [Wilson, 2007, pp. 361-362] Libby has authorization from Cheney to leak classified information to Miller, and understands that the authorization comes directly from President Bush (see 7:35 a.m. July 8, 2003). It is unclear whether Libby has authorization from Cheney or Bush to divulge Plame Wilson’s CIA identity.
Miller Learned Plame Wilson Identity from Libby - Miller will later testify that she did not learn Plame Wilson’s identity specifically from Libby, but that testimony will be undermined by the words “Valerie Flame” (an apparent misspelling) written in her notes of this meeting. She will also testify that she pushed, without success, for her editors to approve an article about Plame Wilson’s identity. [New York Times, 10/16/2005]

Entity Tags: Jennifer Mayfield, Weapons Intelligence, Nonproliferation, and Arms Control, Judith Miller, Central Intelligence Agency, Abdul Qadeer Khan, Bush administration (43), Valerie Plame Wilson, Patrick J. Fitzgerald, Joseph C. Wilson, Lewis (“Scooter”) Libby, David S. Addington

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

White House political adviser Karl Rove, leading the White House’s damage control operation to recoup the losses from Joseph Wilson’s recent op-ed about the fraudulent Iraq-Niger documents (see July 6, 2003), speaks to Time reporter Matthew Cooper. Rove has already discussed Wilson with columnist Robert Novak (see July 8, 2003).
Cooper Digging for White House Smear Details - According to Cooper’s notes, an e-mail from Cooper to his bureau chief, Michael Duffy, and Cooper’s later testimony (see July 13, 2005), Cooper is interested in the White House’s apparent smear attempts against Wilson (see March 9, 2003 and After and May 2003). “I’m writing about Wilson,” Cooper says, and Rove interjects, “Don’t get too far out on Wilson.” Rove insists that their conversation be on “deep background,” wherein Cooper cannot quote him directly, nor can he disclose his identity. Rove tells Cooper that neither CIA Director George Tenet nor Vice President Dick Cheney sent Wilson to Niger, and that, Cooper will later write, “material was going to be declassified in the coming days that would cast doubt on Wilson’s mission and his findings.”
Outing Plame Wilson - Rove says that it is Wilson’s wife Valerie Plame Wilson “who apparently works at the agency [CIA] on wmd issues who authorized the trip… not only [sic] the genesis of the trip is flawed an[d] suspect but so is the report. [Rove] implied strongly there’s still plenty to implicate iraqi interest in acquiring uranium fro[m] Niger.” Rove does not identify Plame Wilson, only calling her “Wilson’s wife,” but Cooper has no trouble learning her name. Rove ends the call with a cryptic teaser, saying, “I’ve already said too much.” Cooper will recall these words two years later when he testifies to the grand jury investigating the Plame Wilson identity leak (see January 2004). [Cooper, 7/11/2003 pdf file; New York Times, 7/16/2005; Time, 7/17/2005; Unger, 2007, pp. 311-312] Later, Cooper will write: “I have a distinct memory of Rove ending the call by saying, ‘I’ve already said too much.’ This could have meant he was worried about being indiscreet, or it could have meant he was late for a meeting or something else. I don’t know, but that sign-off has been in my memory for two years.” [Time, 7/17/2005] Cooper will later testify that Rove never told him about Plame Wilson’s covert status. [National Journal, 10/7/2005]
Call Not Logged - Rove asks his personal assistant, Susan Cooper, to ensure that Cooper’s call does not appear on the White House telephone logs. [CounterPunch, 12/9/2005]
Cooper E-mails Editor - After hanging up, Cooper sends an e-mail to his editors at Time about the conversation (see 11:07 a.m. July 11, 2003).
Conversation with Deputy National Security Adviser - After the conversation with Cooper, Rove sends an e-mail to Deputy National Security Adviser Stephen Hadley, saying he “didn’t take the bait” when Cooper suggested that Wilson’s criticisms had been damaging to the administration (see After 11:07 a.m. July 11, 2003).
White House Getting Message Across - Author Craig Unger later notes that while the conversation is on background, the White House is getting across its message that something about Wilson’s trip is questionable, and it has something to do with his wife. Unger writes, “And a White House press corps that relied heavily on access to high level administration officials was listening intently and was holding its fire.” [Cooper, 7/11/2003 pdf file; New York Times, 7/16/2005; Time, 7/17/2005; National Journal, 10/7/2005; Unger, 2007, pp. 311-312] Rove later testifies that his references to “Niger,” “damaging,” and Bush being “hurt” all referred to the potential political fallout from Wilson’s allegations. As for the statement that “If I were him I wouldn’t get that far out in front of this,” Rove will say he merely wanted to urge Cooper to use caution in relying on Wilson as a potential source. [National Journal, 10/7/2005]

Entity Tags: Valerie Plame Wilson, Stephen J. Hadley, Joseph C. Wilson, Matthew Cooper, Bush administration (43), Michael Duffy, Central Intelligence Agency, George J. Tenet, Craig Unger, Richard (“Dick”) Cheney, Karl C. Rove

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

New York Times reporter Judith Miller again speaks to Lewis Libby, Vice President Dick Cheney’s chief of staff, in regards to the Iraqi WMD controversy and the recent op-ed by former ambassador Joseph Wilson (see July 6, 2003). In Miller’s notes, she writes the words “Victoria Wilson.” Libby has twice informed Miller that Wilson’s wife, Valerie Plame Wilson, is a CIA agent (see June 23, 2003 and 8:30 a.m. July 8, 2003).
Miller Unsure of Details of Disclosure - In testimony about the interview two years later (see September 30, 2005), Miller will say that “before this [telephone] call, I might have called others about Mr. Wilson’s wife. In my notebook I had written the words ‘Victoria Wilson’ with a box around it, another apparent reference to Ms. Plame, who is also known as Valerie Wilson. I [testified] that I was not sure whether Mr. Libby had used this name or whether I just made a mistake in writing it on my own. Another possibility, I said, is that I gave Mr. Libby the wrong name on purpose to see whether he would correct me and confirm her identity.” In her testimony, Miller will say that at the time, she believed she had heard Wilson’s wife only referred to by her maiden name of Plame. When asked whether Libby gave her the name of Wilson, Miller will decline to speculate.
Criticizing Plame Wilson's Husband - During their conversation, Libby quickly turns the subject to criticism of Wilson, saying he is not sure if Wilson actually spoke to anyone who had knowledge of Iraq’s attempts to negotiate trade agreements with Niger. After Miller agrees to attribute the conversation to “an administration official,” and not Libby himself, Libby explains that the reference to the Iraqi attempt to buy uranium from Niger in President Bush’s State of the Union address—the so-called “sixteen words” (see 9:01 pm January 28, 2003)—was the product of what Miller will call “a simple miscommunication between the White House and the CIA.”
'Newsworthy' Disclosure - Miller will later testify that at the time, she felt it “newsworthy” that Wilson’s wife was a CIA agent, and recommended to her editors that the Times pursue the angle. She will write: “I felt that since the Times had run Mr. Wilson’s original essay, it had an obligation to explore any allegation that undercut his credibility. At the same time, I added, I also believed that the newspaper needed to pursue the possibility that the White House was unfairly attacking a critic of the administration.” [US District Court for the District of Columbia, 8/27/2004 pdf file; New York Sun, 10/4/2005; New York Times, 10/16/2005; New York Times, 10/16/2005; US District Court for the District of Columbia, 10/28/2005 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, Judith Miller, Valerie Plame Wilson, Joseph C. Wilson, Central Intelligence Agency

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Two White House officials call at least six Washington journalists to tell them that former ambassador Joseph Wilson’s wife is a CIA agent. Wilson wrote an op-ed criticizing the administration’s Iraq policies and claiming that the allegations of Iraq’s attempts to buy uranium from Niger are unsubstantiated (see July 6, 2003). In return, administration officials are attempting to discredit Wilson by alleging that his wife, undercover CIA operative Valerie Plame Wilson, sent him on the journey (see July 17, 2003). Plame Wilson will be outed as a CIA agent by conservative columnist Robert Novak (see July 14, 2003), who received the tip from two administration officials, Deputy Secretary of State Richard Armitage (see Late June 2003) and Deputy Chief of Staff Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003). [Washington Post, 9/28/2003] One of those journalists is the Washington Post’s Walter Pincus (see June 12, 2003), who later testifies that he learns of Plame Wilson’s identity from White House press secretary Ari Fleischer (see (July 11, 2003)) on July 12. Pincus will testify that, during a conversation about the Iraq-Niger WMD claim, Fleischer “swerved off and said, in effect, don’t you know his wife works at CIA, is an analyst on WMD, and she arranged the trip, that’s why people weren’t paying attention to it.” [Marcy Wheeler, 2/12/2007]
Outing 'Clearly ... For Revenge' - On September 27, a senior administration official will confirm that two officials, whom he/she does not name, called Novak and other journalists. “Clearly, it was meant purely and simply for revenge,” the senior official says. A reporter will tell Joseph Wilson that, according to either Armitage or Rove, “The real issue is Wilson and his wife.” Other sources will say that one of the leakers describe Plame Wilson as “fair game” (see July 21, 2003). When the administration official is asked why he/she is discussing the leakers, the response is that the leaks are “wrong and a huge miscalculation, because they were irrelevant and did nothing to diminish Wilson’s credibility” (see September 28, 2003). Wilson will state publicly that he believes Rove broke his wife’s cover (see August 21, 2003). [Washington Post, 9/28/2003]
Wilson: Journalists Fear Reprisals - Wilson later writes: “A reporter told me that one of the six newspeople who had received the leak stated flatly that the pressure he had come under from the administration in the past several months to remain silent made him fear that if he did his job and reported on the leak story, he would ‘end up in Guantanamo’—a dark metaphor for the career isolation he would suffer at the hands of the administration. Another confided that she had heard from reporters that ‘with kids in private school and a mortgage on the house,’ they were unwilling to cross the administration.… What does it say for the health of our democracy—or our media—when fear of the administration’s reaction preempts the search for truth?” [Wilson, 2004, pp. 440]

Entity Tags: Robert Novak, Valerie Plame Wilson, Walter Pincus, Joseph C. Wilson, Central Intelligence Agency, Bush administration (43), Ari Fleischer, Karl C. Rove, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

Robert Novak.Robert Novak. [Source: MediaBistro (.com)]Conservative columnist Robert Novak, after being told by Deputy Secretary of State Richard Armitage and White House political guru Karl Rove that Valerie Plame Wilson is a CIA officer (see July 8, 2003), writes a syndicated op-ed column that publicly names her as a CIA officer. The column is an attempt to defend the administration from charges that it deliberately cited forged documents as “evidence” that Iraq had tried to purchase uranium from Niger (see July 6, 2003). It is also an attempt to discredit Joseph Wilson, Plame Wilson’s husband, who had gone to Niger at the behest of the CIA to find out whether the Iraq-Niger story was true (see 11:00 a.m. July 11, 2003). Novak characterizes Wilson’s findings—that an Iraqi deal for Nigerien uranium was highly unlikely—as “less than definitive,” and writes that neither CIA Director George Tenet nor President Bush were aware of Wilson’s report before the president’s 2003 State of the Union address where he stated that Iraq had indeed tried to purchase uranium from Niger (see 9:01 pm January 28, 2003). Novak writes: “Wilson never worked for the CIA, but his wife, Valerie Plame, is an agency operative on weapons of mass destruction. Two senior administration officials [Armitage and Rove, though Novak does not name them] told me that Wilson’s wife suggested sending him to Niger to investigate the Italian report. The CIA says its counterproliferation officials selected Wilson and asked his wife to contact him. ‘I will not answer any question about my wife,’ Wilson told me.” Wilson’s July 6 op-ed challenging the administration’s claims (see July 6, 2003) “ignite[d] the firestorm,” Novak writes. [Town Hall (.com), 7/14/2003; Unger, 2007, pp. 312-313] Novak also uses the intelligence term “agency operative,” identifying her as a covert agent and indicating that he is aware of her covert status. Later, though, Novak will claim that he came up with the identifying phrase independently, and did not know of her covert status. [American Prospect, 7/19/2005]
Asked Not to Print Plame Wilson's Name - Novak will later acknowledge being asked by a CIA official not to print Plame Wilson’s name “for security reasons.” Intelligence officials will say they thought Novak understood there were larger reasons than Plame Wilson’s personal security not to publish her name. Novak will say that he did not consider the request strong enough to follow (see September 27, 2003 and October 1, 2003). [Washington Post, 9/28/2003] He will later reveal the CIA official as being agency spokesman Bill Harlow, who asked him not to reveal Plame’s identity because while “she probably never again will be given a foreign assignment… exposure of her agency identity might cause ‘difficulties’ if she travels abroad.” In 2008, current White House press secretary Scott McClellan will write: “This struck Novak as an inadequate reason to withhold relevant information from the public. Novak defended his actions by asserting that Harlow had not suggested that Plame or anybody else would be endangered, and that he learned Plame’s name (though not her undercover identity) from her husband’s entry in the well-known reference book Who’s Who in America.” [McClellan, 2008, pp. 173-174] McClellan will note, “Whether war, smear job, or PR offensive gone haywire, the CIA took the leak of Plame’s name very seriously.” [McClellan, 2008, pp. 174]
Plame Wilson Stricken - According to Wilson’s book The Politics of Truth, his wife’s first reaction is disbelief at Novak’s casual destruction of her CIA career. “Twenty years of loyal service down the drain, and for what?” she asks. She then makes a checklist to begin assessing and controlling the damage done to her work. She is even more appalled after totalling up the damage. Not only are the lives of herself and her family now endangered, but so are those of the people with whom she has worked for 20 years (see July 14, 2003). [New York Times, 5/12/2004] In 2005, Joseph Wilson will tell a reporter: “[Y]ou can assume that even if 150 people read the Novak article when it appeared, 148 of them would have been the heads of intelligence sections at embassies here in Washington and by noon that day they would have faxing her name or telexing her name back to their home offices and running checks on her: whether she had ever been in the country, who she may have been in contact with, etc.” [Raw Story, 7/13/2005]
Intimidation of Other Whistle-Blowers? - In 2007, author Craig Unger will write: “The implication from the administration was that the CIA’s selection of Wilson was somehow twisted because his wife was at the CIA. But, more importantly, the administration had put out a message to any and all potential whistle-blowers: if you dare speak out, we will strike back. To that end, the cover of Valerie Plame Wilson, a CIA operative specializing in WMD, had been blown by a White House that was supposedly orchestrating a worldwide war against terror.” [Unger, 2007, pp. 312-313]
Outing about Iraq, Not Niger, Author Says - In 2006, author and media critic Frank Rich will write: “The leak case was about Iraq, not Niger. The political stakes were high only because the scandal was about the unmasking of an ill-conceived war, not the unmasking of a CIA operative who posed for Vanity Fair. The real victims were the American people, not the Wilsons. The real culprits—the big enchilada, in John Ehrlichman’s Nixon White House lingo—were not the leakers but those who provoked a war in Iraq for their own motives and in so doing diverted finite resources, human and otherwise, from the fight against those who did attack America on 9/11, and had since regrouped to deadly effect.… Without Iraq, there never would have been a smear campaign against an obscure diplomat or the bungled cover-up [that followed]. While the Bush White House’s dirty tricks, like [former President] Nixon’s, were prompted in part by a ruthless desire to crush the political competition at any cost, this administration had upped the ante by playing dirty tricks with war.” [Rich, 2006, pp. 184]
Elevating Profile of Controversy - In 2008, McClellan will write, “By revealing Plame’s status, Novak inadvertently elevated the Niger controversy into a full-blown scandal.” [McClellan, 2008, pp. 173]

Entity Tags: Scott McClellan, Robert Novak, Valerie Plame Wilson, Richard Armitage, George J. Tenet, Joseph C. Wilson, Bill Harlow, Bush administration (43), Karl C. Rove, Central Intelligence Agency, Frank Rich, George W. Bush, Craig Unger

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

One of the first media-based attacks on Joseph Wilson and his wife Valerie Plame Wilson after her outing as a CIA agent (see July 14, 2003) comes from former Defense Secretary Caspar Weinberger, who writes a scathing op-ed for the Wall Street Journal. Weinberger accuses the opponents of the Iraq invasion of mounting a baseless smear campaign against the Bush administration by “using bits and pieces of non-evidence to contend that we did not have to replace the brutal regime of Saddam Hussein.” He asserts that President Bush was correct to say that Iraq had attempted to buy uranium from Niger (see 9:01 pm January 28, 2003), using the October 2002 National Intelligence Estimate (see October 1, 2002) and a review by a British investigative commission (see September 24, 2002) as support for his argument. He insists that WMD will be found in Iraq. Weinberger then writes that “the CIA committed a major blunder [by asking] a very minor former ambassador named Joseph Wilson IV to go to Niger to investigate” (see February 21, 2002-March 4, 2002). Weinberger correctly characterizes Wilson as “an outspoken opponent” of the invasion, but then falsely asserts that “Mr. Wilson’s ‘investigation’ is a classic case of a man whose mind had been made up using any opportunity to refute the justifications for our ever going to war.” He asserts that Wilson spent eight days in Niger drinking tea and hobnobbing with ambassadors and foreign service types. Weinberger continues, “Because Mr. Wilson, by his own admission, never wrote a report, we only have his self-serving op-ed article in the New York Times to go by” (see July 6, 2003). He is apparently unaware that Wilson was thoroughly debriefed on his return from Niger (see March 4-5, 2002). He writes, “If we are to rely on this kind of sloppy tea-drinking ‘investigation’ from a CIA-chosen investigator—a retired ambassador with a less than stellar record—then I would say that the CIA deserves some of the criticism it normally receives.” Weinberger concludes that the US had a choice of “either… letting [Saddam Hussein] continue his ways, such as spraying poison on his own people, and breaking every promise he made to us and to the UN; or… removing him before he used nuclear weapons on his neighbors, or on us.” [Wall Street Journal, 7/18/2003]
Wilsons: Weinberger's Credibility Lacking because of Iran-Contra Connection - In 2007, Plame Wilson will write: “That’s rich, I thought. Weinberger had been indicted on charges stemming from the Iran-Contra affair (see December 25, 1992) and likely only avoided prison time because of a presidential pardon.” [Wilson, 2007, pp. 146-147] Wilson himself will note that “Weinberger was not the most credible person to launch that particular counterattack, since, but for the grace of a pardon… he might have well had to do jail time for how poorly he had served his president, Ronald Reagan, in the Iran-Contra affair.” [Wilson, 2004, pp. 338]
Attempt to Intimidate Others - Wilson will note in 2004 that Weinberger deliberately focused on a minor detail of his report—drinking mint tea with the various people he met during his trip—and used it to “suggest… that supposedly I’d been excessively casual and dilatory in my approach to the mission.” He will add: “It seemed that the motive for the attacks on me was to discourage anyone else from coming forward who had a critical story to tell.… In essence, the message was, ‘If you pull a “Wilson” on us, we will do worse to you.’ However offensive, there was a certain logic to it. If you have something to hide, one way to keep it secret is to threaten anyone who might expose it. But it was too late to silence me; I had already said all I had to say. Presumably, though, they thought they could still silence others by attacking me.” [Wilson, 2004, pp. 338-339]

Entity Tags: Valerie Plame Wilson, George W. Bush, Caspar Weinberger, Bush administration (43), Joseph C. Wilson, Wall Street Journal

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

Conservative pundit and author David Horowitz publishes an op-ed in his Front Page Magazine calling all Democrats “racists,” and claiming that the Democratic Party is “the party of special interest bigots and racial dividers” for its alleged support of “racist school policies.” Horowitz writes, “The Democratic Party has shown that it will go to the wall to preserve the racist laws which enforce these preferences, and to defend the racist school systems that destroy the lives of millions of children every year.” At some point, Horowitz will delete the op-ed from the Front Page Magazine Web site, but it will be quoted in a December 2004 article by progressive media watchdog organization Media Matters. [Media Matters, 12/1/2004]

Entity Tags: Democratic Party, David Horowitz

Timeline Tags: Domestic Propaganda

Scientist Steven Hatfill files a lawsuit against Attorney General John Ashcroft, the Justice Department, and FBI, saying his constitutional rights have been violated. Hatfill has been named by the FBI as a “person of interest” in the 2001 anthrax attacks (see October 5-November 21, 2001), but has not been charged or officially declared a suspect. His attorneys claim the FBI deliberately tipped off the media to searches of his house to hide the fact that the anthrax investigation was making little progress. They say 24-hour surveillance and wiretaps violated his privacy (see July 2002-Late 2003). [CNN, 8/26/2003] In 2008, Hatfill will settle out of court and receive nearly $6 million in compensation from the government (see June 27, 2008).

Entity Tags: Steven Hatfill, John Ashcroft, Federal Bureau of Investigation, US Department of Justice

Timeline Tags: 2001 Anthrax Attacks

The Joint Personnel Recovery Agency (JPRA) sends a team to Iraq to train interrogators in harsh, SERE-derived methods of interrogation (see December 2001, January 2002 and After, July 2002, and July 1-2, 2002). JPRA personnel demonstrate a number of methods to Special Military Unit (SMU) personnel, including “walling” (see May 10, 2005) and particular methods of physically striking detainees. JPRA personnel are present at several interrogations where detainees are placed in stress positions and repeatedly slapped. In at least one interrogation, JPRA personnel take part in abusing a prisoner, stripping him naked and giving orders to place him in a stress position for 12 hours. In August 2007, one JRPA official will tell the Senate Armed Services Committee that, in regards to stripping detainees, “we [had] done this 100 times, 1,000 times with our [SERE school] students.” [Huffington Post, 4/21/2009]

Entity Tags: Senate Armed Services Committee, Joint Personnel Recovery Agency

Timeline Tags: Torture of US Captives

A team of military lawyers in Iraq issues a memo detailing a new set of interrogation rules entitled, CJTF-7 Interrogation and Counter-Resistance Policy (ICRP). The team—headed by the highest legal expert within the US military apparatus in Iraq, Col. Marc Warren, the staff judge advocate for Combined Joint Task Force (CJTF) 7—includes Capt. Fitch, the command judge advocate with Col. Thomas M. Pappas’ 205th Military Intelligence Brigade, and Maj. Daniel Kazmier and Maj Franklin D. Raab, both from the CJTF-7 Office of the Staff Judge Advocate (OSJA). In crafting the memo, Fitch “copie[s]” Defense Secretary Donald Rumsfeld’s April 16, 2003 memo (see April 16, 2003), intended for Guantanamo, “almost verbatim.” The draft is then sent to the 519th Military Intelligence Battalion for comment. The 519th adds techniques from its own August 27, 2003 memo (see August 27, 2003), including “the use of dogs, stress positions, sleep management, sensory deprivation,… yelling, loud music, and light control.” The techniques listed in the final version of the memo apply to all categories of detainees. [US Department of Defense, 8/23/2004 pdf file] Sleep management and sensory deprivation are also part of the Guantanamo set of interrogation techniques. The other more aggressive methods—the use of dogs, stress positions, and yelling, loud music, and light control—are extras.

Entity Tags: Donald Rumsfeld, Daniel Kazmier, Marc Warren, Brent Fitch, Franklin D. Raab, Thomas M. Pappas

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

Conservative talk show host Rush Limbaugh announces the results of a poll finding: “We have a great Gallup poll, folks. Sixty percent of conservatives, 40 percent of moderates, and 18 percent of liberals say the media is too liberal.” Authors Kathleen Hall Jamieson and Joseph N. Cappella later write that Limbaugh “creates an interpretative frame for the information,” with Limbaugh saying, “We all know that moderates are liberals anyway, so that would be 58 percent of liberals and 60 percent of conservatives, that’s over 100 percent of the people who think the media is too liberal.” Neither Jamieson nor Cappella point out the creative mathematics and regrouping Limbaugh is performing. They do note, however, that on Fox News, commentator Tony Snow reports the same poll results, and accuses the “liberal media” of failing to report the poll in a widespread fashion. [Jamieson and Cappella, 2008, pp. 149]

Entity Tags: Tony Snow, Fox News, Joseph N. Cappella, Rush Limbaugh, Kathleen Hall Jamieson

Timeline Tags: Domestic Propaganda

An Abu Ghraib memo on Interrogation Rules of Engagement is distributed to military intelligence officers at Abu Ghraib. The memo, which all military intelligence officers are required to sign, includes a detailed description of the acceptable interrogation methods that were approved in September (see September 10, 2003) (see September 14-17, 2003). The memo’s detailed list includes “the use of yelling, loud music, a reduction of heat in winter and air conditioning in summer,…. ‘stress positions’ for as long as 45 minutes every four hours,” and “dietary manipulation.” The memo also allows officers to remove “incentive items” from detainees such as religious material. [Washington Post, 6/12/2004] It permits for the “presence of working dogs” and the confining of detainees in isolation cells, “in some cases without a prior approval from General [Ricardo S. ] Sanchez.” [New York Times, 5/22/2004] The approved policy now includes 32 interrogation techniques that can, with only the consent of the interrogation officer in charge, be used at any time at Abu Ghraib. [Washington Post, 6/12/2004] The document also states that “at no time will detainees be treated inhumanely nor maliciously humiliated.” [Washington Post, 5/16/2004]

Entity Tags: Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

Wall Street Journal reporter Brian Anderson writes: “Watch Fox [News] for just a few hours, and you encounter a conservative presence unlike anything on television. When CBS and CNN would lead a news item about an impending execution with a candlelight vigil of death-penalty protesters, for example,” Anderson quotes Fox senior vice president for news John Moody as saying it is “de riguer that we put in the lead why the person is being executed.” Anderson continues, “Fox viewers will see Republican politicians and conservative pundits sought out for meaningful quotations, skepticism voiced about environmental ‘doomsaying,’ religion treated with respect, pro-life views given airtime—and much else they’d never find on other networks” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 50]

Entity Tags: Fox News, John Moody, Brian Anderson, CBS News, CNN, Wall Street Journal

Timeline Tags: Domestic Propaganda

Conservative columnist and mathematician John Derbyshire gives an interview about his recent book about Riemann’s Hypothesis, Prime Obsession. In the course of the interview, Derbyshire says flatly that he is a racist. (Two years ago, Derbyshire wrote in the National Review that racial and ethnic stereotyping was a useful and desirable activity—see February 1, 2001). Derbyshire tells his interviewer that he and other “‘respectable’ conservative journalists” must observe certain “restraints” in speaking and writing about race, or risk being “crucified by the liberal media establishment [and] have to give up opinionating and go find some boring office job somewhere.” Derbyshire says he is “not very careful about what I say,” and says flatly, “I am a homophobe, though a mild and tolerant one, and a racist, though an even more mild and tolerant one.” Derbyshire warns that such opinions “are going to be illegal pretty soon, the way we are going. Of course, people will still be that way in their hearts, but they will be afraid to admit it, and will be punished if they do admit it.” He also cites the openly racist, white supremacist blog VDare.com as one of the few blogs he reads on a regular basis, as it features “really clever people saying interesting things.” [Kevin Holtsberry, 11/11/2003] In a follow-up email a week later, Derbyshire expands on his self-characterization as a “mild and tolerant” racist and homophobe. He begins by noting that he grew up in England during a time when anti-Semitism was prevalent. He terms that atmosphere “perfectly harmless,” saying that “Jews thrived and prospered.” He does not favor public discrimination, he says, and asserts that if he chooses not to hire blacks or other racial groups, he should have a perfect right to do so; the same condition should apply to anyone over their religious persuasion or gender. “These things are no proper business of the public authorities.” He does not approve of homosexuality, he writes, and considers it bad for Western civilization. “I do not believe that any stable society can be founded on any basis other than heterosexual marriage. Under modern conditions, I think you would have to add ‘monogamous,’ too.” He does not believe that governments should attempt to regulate or constrain homosexuality, but neither should governments attempt to put an end to private discrimination against homosexuals. He says much the same about nonwhite races, inasmuch as while governments should not themselves discriminate, they should not intervene in private discrimination. [Kevin Holtsberry, 11/18/2003]

Entity Tags: John Derbyshire, VDare (.com )

Timeline Tags: Domestic Propaganda

Peter Bergen.Peter Bergen. [Source: Peter Bergen]Author and former war correspondent Peter Bergen writes that in the run-up to the Iraq war, most Americans believed wholeheartedly that Saddam Hussein and Iraq were behind the 9/11 attacks. Bergen writes: “[T]he belief that Saddam posed an imminent threat to the United States amounted to a theological conviction within the administration, a conviction successfully sold to the American public. So it’s fair to ask: Where did this faith come from?” One source is the American Enterprise Institute (AEI), a neoconservative think tank who has placed many of its fellows in the Bush administration, including Paul Wolfowitz, Richard Perle, and John Bolton. But, Bergen notes, none of the AEI analysts and writers are experts on either Iraq or the Middle East. None have ever served in the region. And most actual Middle East experts both in and out of government don’t believe that Iraq had any connection to the 9/11 attacks. The impetus for the belief in a 9/11-Iraq connection in part comes from neoconservative academic Laurie Mylroie.
Mylroie Supplies Neoconservatives with Desired Rationale - A noted author with an impressive academic resume, Mylroie, Bergen writes, “was an apologist for Saddam’s regime, but reversed her position upon his invasion of Kuwait in 1990, and, with the zeal of the academic spurned, became rabidly anti-Saddam.” In 1993, Mylroie decided that Saddam Hussein was behind the World Trade Center bombings, and made her case in a 2000 AEI-published book, Study of Revenge: Saddam Hussein’s Unfinished War Against America (see October 2000). Mylroie’s message was evidently quite popular with AEI’s neoconservatives. In her book, Mylroie blamed every terrorist event of the decade on Hussein, from the 1993 WTC bombings (a theory Bergen calls “risible”) to the 1996 crash of TWA Flight 800 into Long Island Sound (see July 17, 1996-September 1996), the 1998 embassy bombings in Tanzania and Kenya (see 10:35-10:39 a.m., August 7, 1998), the 2000 attack on the USS Cole (see October 12, 2000), and even the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Bergen calls her a “crackpot,” and notes that it “would not be significant if she were merely advising say, [conservative conspiracy theorist] Lyndon LaRouche. But her neocon friends who went on to run the war in Iraq believed her theories, bringing her on as a consultant at the Pentagon, and they seem to continue to entertain her eccentric belief that Saddam is the fount of the entire shadow war against America.”
Complete Discrediting - Bergen, after detailing how Mylroie ignored conclusive evidence that both the 1993 and 9/11 attacks were planned by al-Qaeda terrorists and not Saddam Hussein, quotes former CIA counterterrorism chief Vincent Cannistraro, who says Mylroie “has an obsession with Iraq and trying to link Saddam to global terrorism.” Cannistraro is joined by author and former CIA analyst Ken Pollack; Mary Jo White, the US attorney who prosecuted the 1993 WTC bombings and 1998 embassy attacks; and Neil Herman, the FBI official who headed the 1993 WTC investigation, who all dismiss Mylroie’s theories as absolutely baseless and thoroughly disproven by the evidence.
Belief or Convenience? - Apparently such thorough debunking did not matter to the AEI neoconservatives. Bergen writes that they were “formulating an alternative vision of US foreign policy to challenge what they saw as the feckless and weak policies of the Clinton administration. Mylroie’s research and expertise on Iraq complemented the big-think strategizing of the neocons, and a symbiotic relationship developed between them.” Whether the neoconservatives actually believed Mylroie’s work, or if “her findings simply fit conveniently into their own desire to overthrow Saddam,” Bergen isn’t sure. Perle later backed off of supporting Mylroie’s theories, calling them less than convincing and downplaying her role in developing arguments for overthrowing Hussein even as he suggests she should be placed in a position of power at the CIA. It is known that after 9/11, former CIA Director James Woolsey, a prominent neoconservative, went to Britain to investigate some of Mylroie’s claims (see Mid-September-October 2001). And in September 2003, Vice President Cheney called Iraq “the geographic base of the terrorists who have had us under assault for many years, but most especially on 9/11,” an echoing of Mylroie’s own theories. Mylroie’s latest book, Bush vs. the Beltway: How the CIA and the State Department Tried to Stop the War on Terror, accuses those agencies of suppressing information about Iraq’s role in 9/11, again contradicting all known intelligence and plain common sense (see July 2003).
Zeitgeist - Bergen concludes that in part because of Mylroie’s theories and their promulgation by Bush, Cheney, and prominent neoconservatives in and out of the administration, the US has been led into a disastrous war while 70 percent of Americans believe that Hussein had a role in the 9/11 attacks. “[H]er specious theories of Iraq’s involvement in anti-American terrorism have now become part of the American zeitgeist.” Perhaps the most telling statement from Mylroie comes from a recent interview in Newsweek, where she said: “I take satisfaction that we went to war with Iraq and got rid of Saddam Hussein. The rest is details.” Bergen retorts sourly, “Now she tells us.” [Washington Monthly, 12/2003; Unger, 2007, pp. 216]

Entity Tags: Kenneth Pollack, John R. Bolton, Clinton administration, Bush administration (43), American Enterprise Institute, Al-Qaeda, Vincent Cannistraro, Saddam Hussein, Neil Herman, Richard (“Dick”) Cheney, James Woolsey, Mary Jo White, Lyndon LaRouche, Peter Bergen, Laurie Mylroie, Paul Wolfowitz, Richard Perle

Timeline Tags: Neoconservative Influence

The Supreme Court rules in the case of McConnell v. Federal Election Commission. The case addresses limitations on so-called “soft money,” or contributions to a political party not designated specifically for supporting a single candidate, that were imposed by the Bipartisan Campaign Reform Act of 2002 (BCRA), often known as the McCain-Feingold law after its two Senate sponsors (see March 27, 2002). A three-judge panel has already struck down some of McCain-Feingold’s restrictions on soft-money donations, a ruling that was stayed until the Court could weigh in. Generally, the Court rules that the “soft money” ban does not exceed Congress’s authority to regulate elections, and does not violate the First Amendment’s free speech clause. The ruling is a 5-4 split, with the majority opinion written by liberal Justice John Paul Stevens and his conservative colleague Sandra Day O’Connor. The opinion finds that the “minimal” restrictions on free speech are outweighed by the government’s interest in preventing “both the actual corruption threatened by large financial contributions and… the appearance of corruption” that might result from those contributions. “Money, like water, will always find an outlet,” the justices write, and the government must take steps to prevent corporate donors from finding ways to subvert the contribution limits. The majority is joined by liberal justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter, and the four other conservatives on the court—Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas—dissent. [Legal Information Institute, 12/2003; Oyez (.org), 2011] The case represents the consolidation of 11 separate lawsuits brought by members of Congress, political parties, unions, and advocacy groups; it is named for Senator Mitch McConnell, who sued the FEC on March 27, 2002, the same day the bill was signed into law. Due to the legal controversy expected to be generated by the law and the need to settle it prior to the next federal election, a provision was included in the BCRA that provided for the case to be heard first by a special three-judge panel and then appealed directly to the Supreme Court. This District of Columbia district court panel, comprised of two district court judges and one circuit court judge, was inundated with numerous amicus briefs, almost 1,700 pages of related briefs, and over 100,000 pages of witness testimony. The panel upheld the BCRA’s near-absolute ban on the usage of soft money in federal elections, and the Supreme Court agrees with that finding. However, the Court reverses some of the BCRA’s limitations on the usage of soft money for “generic party activities” such as voter registration and voter identification. The district court overturned the BCRA’s primary definition of “noncandidate expenditures,” but upheld the “backup” definition as provided by the law. Both courts allow the restrictions on corporate and union donations to stand, as well as the exception for nonprofit corporations. The Court upholds much of the BCRA’s provisions on disclosure and coordinated expenditures. The lower court rejected the so-called “millionaire provisions,” a rejection the Supreme Court upholds. A provision banning contributions by minors was overturned by the lower court, and the Court concurs. The lower court found the provision requiring broadcasters to collect and disclose records of broadcast time purchased for political activities unconstitutional, but the Court disagrees and reinstates the requirement. [Legal Information Institute, 12/2003] McConnell had asked lawyer James Bopp Jr., a veteran of anti-campaign finance lawsuits and the head of McConnell’s James Madison Center for Free Speech, to take part in the legal efforts of the McConnell case. However, before the case appeared before the Supreme Court, McConnell dropped Bopp from the legal team due to a dispute over tactics. [New York Times, 1/25/2010] The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).

Entity Tags: Federal Election Commission, David Souter, Bipartisan Campaign Reform Act of 2002, Antonin Scalia, Anthony Kennedy, William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, National Rifle Association, Mitch McConnell, John Paul Stevens, Ruth Bader Ginsburg, James Bopp, Jr, Clarence Thomas

Timeline Tags: Civil Liberties

Judith Regan (left) and Roger Ailes.Judith Regan (left) and Roger Ailes. [Source: Business Insider]Roger Ailes, a powerful Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988) and the founder and chairman of Fox News (see October 7, 1996), becomes embroiled in a legal conflict involving former New York Police Commissioner Bernard Kerik and his mistress, Judith Regan, a book editor for another arm of Fox News’s parent company News Corporation (NewsCorp). Ailes learns that Kerik has commandeered an apartment overlooking the site of the devastated World Trade Center, intended for the use of rescue and recovery workers, as a “love nest” for his trysts with Regan. Ailes is a close friend and political ally of former New York Mayor Rudolph Giuliani, who recommended Kerik to head the Department of Homeland Security. Kerik is already being pilloried in the press for a number of other ethical and perhaps even criminal activities, and is being vetted for the DHS slot. Ailes and Giuliani do not want the Kerik-Regan affair, and the commandeered apartment, to come to the public’s notice. Court documents later say that Ailes “told Regan that he believed she had information about Kerik that, if disclosed, would harm Giuliani’s presidential campaign.” Ailes “advised Regan to lie to, and to withhold information from, [federal] investigators concerning Kerik.” The attempted cover-up will later be brought to light when NewsCorp fires Regan in 2006, and she brings a wrongful-termination suit that secures a $10.75 million settlement. Regan will not identify Ailes by name, only as a “senior executive” for NewsCorp, but other documents accidentally made public will reveal Ailes’s identity. Reportedly, Regan has her telephone conversations with Ailes on tape. NewsCorp will later claim that Regan has sent it a letter stating that “Mr. Ailes did not intend to influence her with respect to a government investigation.” Regan’s lawyer will say that NewsCorp’s claim does not reflect the entirety of Regan’s letter. Kerik himself will withdraw his name from consideration, and will later be sentenced to four years in prison for tax fraud. [New Republic, 2/24/2011; New York Daily News, 2/24/2011; New York Times, 2/25/2011; New York Magazine, 5/22/2011]

Entity Tags: Fox News, Bernard Kerik, Rudolph (“Rudy”) Giuliani, News Corporation, US Department of Homeland Security, Roger Ailes, Judith Regan

Timeline Tags: Domestic Propaganda

An Army dog handler at Abu Ghraib tells military investigators that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), “[S]omeone from [military intelligence] gave me a list of cells, for me to go see, and pretty much have my dog bark at them.… Having the dogs bark at detainees was psychologically breaking them down for interrogation purposes.” Using attack dogs to threaten or harm prisoners is a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: US Department of Defense, Donald Rumsfeld

Timeline Tags: Torture of US Captives

On February 2, 2004, the deadly toxin ricin is detected on an automatic mail sorter in the Senate office building mailroom that serves the office of Senate Majority Leader Bill Frist (R-TN). Subsequent tests confirm the substance is ricin. No one gets ill. Some buildings are closed, but Senate business continues as usual. It is presumed that the ricin arrived in a letter, but the letter is not found, leaving few clues. [CNN, 2/4/2004] About two months later, it is reported that laboratories are continuing to analyze the ricin in an attempt to determine where it came from, but no suspects or likely motives have been identified. In October 2004, two letters were intercepted in South Carolina and Tennessee containing real ricin. Letters were found with the ricin objecting to new rules for truckers. One letter was intended to go to the Department of Transportation and another to the White House. But it is unknown if there is any connection between those letters and the ricin in Frist’s office, although Frist represents Tennessee. It is also unknown if there is any connection to the 2001 anthrax attacks (see October 5-November 21, 2001). According to the Associated Press, “Unlike anthrax spores, ricin requires little scientific training to engineer and is not nearly as dangerous to handle.” [Associated Press, 3/31/2005]

Entity Tags: Bill Frist

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

On February 11, 2004, the FBI interviews at least one scientist from the Environmental Protection Agency (EPA) in connection with the 2001 anthrax attacks (see October 5-November 21, 2001). The name of the person interviewed is not known, but he is asked whether he wrote an anonymous letter to the FBI that possibly set up scientist Ayaad Assaad as a patsy for the attacks just before they occurred (see October 3, 2001). Assaad worked at USAMRIID, the US Army’s top bioweapons laboratory, until 1997, and has worked at the EPA since then. The unnamed scientist says that he had nothing to do with the letter. It appears this person is possibly subjected to a polygraph test after this, but if so the results are not known. [Hartford Courant, 2/17/2004] On March 17, 14 additional EPA employees are interviewed about the letter. The interviews are said to focus on trying to find out who wrote it. [Washington Times, 3/30/2004]

Entity Tags: Federal Bureau of Investigation, Ayaad Assaad

Timeline Tags: 2001 Anthrax Attacks

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

A new interrogation policy is approved for US personnel regarding prisoners detained in Iraqi facilities such as Abu Ghraib. The policy will remain classified as late as mid-2009, but the Senate Armed Services Committee (see April 21, 2009) will release excerpts from it. The policy warns that interrogators “should consider the fact that some interrogation techniques are viewed as inhumane or otherwise inconsistent with international law before applying each technique. These techniques are labeled with a [CAUTION].” Among the techniques labeled as such are a technique involving power tools, stress positions, and the presence of military working dogs, all potential violations of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Senate Armed Services Committee

Timeline Tags: Torture of US Captives

Clips of Thompson, Bush included in VNRs provided to local TV stations.Clips of Thompson, Bush included in VNRs provided to local TV stations. [Source: New York Times]New York Times reporter Robert Pear discovers that the Bush administration has employed two fake “reporters,” Karen Ryan and Alberto Garcia, who have appeared in administration-produced television “news” segments—“video news releases,” or VNRs—designed to promote the administration’s new Medicare prescription-drug policies. (Garcia primarily appeared in Spanish-language Medicare VNRs.) HHS had budgeted $124 million for the fake news segments, more than most real news organizations can provide. The segments are under investigation by the General Accounting Office (GAO) for possible violation of government statutes prohibiting the use of federal money to produce propaganda or partisan presentations. The Secretary for Health and Human Services (HHS), Tommy Thompson, appears in one of the segments, saying, “This is going to be the same Medicare system only with new benefits, more choices, more opportunities for enhanced benefits.” Several others show a crowd giving President Bush a standing ovation as he signs the new Medicare bill into law. Another segment shows a pharmacist talking to an elderly customer. The pharmacist says the new law “helps you better afford your medications,” and the customer says, “It sounds like a good idea.” The pharmacist agrees, “A very good idea.” The segments, professionally produced and ending with tag lines such as “In Washington, I’m Karen Ryan reporting,” were regularly aired by at least 50 local television news broadcasts in 40 cities around the country. The government also provides scripts that can be used by local news anchors to introduce, or “walk up,” the VNRs. One script suggested that anchors read the following: “In December, President Bush signed into law the first-ever prescription drug benefit for people with Medicare. Since then, there have been a lot of questions about how the law will help older Americans and people with disabilities. Reporter Karen Ryan helps sort through the details.” A VNR is then broadcast explaining how the new law benefits Medicare recipients.
'Infoganda' - Ryan is a freelance journalist, the administration claims, and using her for such fake news segments is perfectly acceptable. But cursory investigation reveals that she was once a freelance reporter, but has for years worked as a public relations consultant. Her most recent assignments include appearing in marketing videos and “infomercials” promoting a variety of pharmaceutical products, including the popular drugs FloMist and Excedrin. Perhaps the most telling reaction is from Comedy Central’s comedy-news program The Daily Show, where host Jon Stewart can’t seem to decide whether to be outraged or flattered by what Rich calls “government propaganda imitating his satiric art.” (Daily Show member Rob Corddry calls the HHS videos “infoganda.”) Administration officials also insist that the VNRs are real, objective news releases, but the company that produced the segments, Home Front Communications, confirms that it had hired Ryan to read a script prepared by government officials. The VNRs give a toll-free phone number for beneficiaries to call. To obtain recorded information about prescription drug benefits, the caller must speak the words, “Medicare improvement.” The Columbia Journalism Review writes, “The ‘reports’ were nothing more than a free advertisement for the legislation, posing as news.”
Legal? - GAO lawyers say that their initial investigations found that other fliers and advertisements disseminated by HHS to promote the new Medicare policies are legal, though they display “notable omissions and other weaknesses.” Administration officials claim the VNRs are also a legal, effective way to educate Medicare beneficiaries. The GAO is still investigating the VNRs. GAO investigators believe that they might violate the law in at least one aspect: misleading viewers by concealing their government origins. Federal law expressly forbids the use of federal money for “publicity or propaganda purposes” not authorized by Congress. Earlier investigations have found government-disseminated editorials and newspaper articles illegal if they did not identify themselves as coming from government officials. The GAO will find that the VNRs break two federal laws forbidding the use of federal money to produce propaganda (see May 19, 2004).
'Common Practice' - HHS spokesman Kevin Keane says the VNRs are well within legal guidelines; their only purpose, he says, is to inform citizens about changes in Medicare. “The use of video news releases is a common, routine practice in government and the private sector,” he says. “Anyone who has questions about this practice needs to do some research on modern public information tools.” Congressional Democrats disagree with Keane. “These materials are even more disturbing than the Medicare flier and advertisements,” says Senator Frank Lautenberg (D-NJ). “The distribution of these videos is a covert attempt to manipulate the press.” Lautenberg, fellow Senator Edward Kennedy (D-MA), and seven other members of Congress requested the GAO investigation. Keane is correct in one aspect: businesses have distributed VNRs to news stations as well as internally for years, and the pharmaceutical industry has been particularly successful in getting marketing videos that appear as “medical news” or “medical features” aired on local and even national news broadcasts. And government agencies have for years released informational films and videos on subjects such as teenage smoking and the dangers of using steroids. Bill Kovach, chairman of the Committee of Concerned Journalists, says HHS’s VNRs have gone far beyond what the government has previously provided. “Those to me are just the next thing to fraud,” he says. “It’s running a paid advertisement in the heart of a news program.” [New York Times, 3/15/2004; Columbia Journalism Review, 3/15/2004; Rich, 2006, pp. 164]
Media Responsibility - The Columbia Journalism Review’s Bill McDermott writes: “[F]or our money, the villains here aren’t the clever flacks at HHS—they’re supposed to be masters of deception. Nope, the dunce hats go to the local TV station editors willing to slap onto the air any video that drops in over the transom.” [Columbia Journalism Review, 3/15/2004] Ryan is relatively insouciant about the controversy. “Stations are lazy,” she says. “If these things didn’t work, then the companies would stop putting them out.” [Pittsburgh Post-Gazette, 3/20/2004]

Entity Tags: Edward M. (“Ted”) Kennedy, US Department of Health and Human Services, Committee of Concerned Journalists, Bush administration (43), Bill McDermott, Bill Kovach, Alberto Garcia, Tommy G. Thompson, Columbia Journalism Review, Robert Pear, New York Times, Jon Stewart, Home Front Communications, George W. Bush, Karen Ryan, General Accounting Office, Kevin Keane, Frank R. Lautenberg, Rob Corddry

Timeline Tags: Domestic Propaganda

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

The Sunday Times publishes details of interrogations of alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM), who is being held by the CIA. The article, written by Christina Lamb, indicates the information is from “transcripts” of his interrogations. It also quotes KSM as making various statements, such as “The original plan [for 9/11] was for a two-pronged attack with five targets on the East Coast of America and five on the West Coast.” The report makes the following claims:
bullet KSM introduced Osama bin Laden to Hambali, leader of the Southeast Asian militant organization Jemaah Islamiyah, who KSM first met during the Soviet-Afghan War in Peshawar, Pakistan. KSM was “impressed” with “Hambali’s connections with the Malaysian government,” and bin Laden and Hambali forged an alliance in 1996.
bullet After 1996, KSM became a “key planner in almost every attack, including the simultaneous bombings of the American embassies in Kenya and Tanzania in 1998.”
bullet He was the “chief planner” for 9/11 and planning started very early, before his associate Ramzi Yousef was captured (see February 7, 1995), when they hit upon the idea of using planes to attack the US. The plan for 9/11 initially had two parts, one on the US East Coast and the other on the west, but bin Laden canceled the second half. This part was then spun off into a second, separate plot, to be carried out independently, and one of the operatives to be involved was Zacarias Moussaoui. The first two operatives selected for 9/11 were Khalid Almihdhar and Nawaf Alhazmi, followed by Mohamed Atta and his associates from Hamburg.
bullet Al-Qaeda was very surprised by the US response to the 9/11 attacks. “Afterwards we never got time to catch our breath, we were immediately on the run,” KSM is quoted as saying. He added that the US campaign seriously disrupted operations.
bullet Britain was the next target after 9/11, because, “Osama declared [British Prime Minister Tony] Blair our principal enemy and London a target.” However, a plot to attack Heathrow Airport never got beyond the planning stage.
bullet KSM also described Hambali’s departure from Afghanistan in November 2001, and said the two kept in touch through Hambali’s brother.
The article points out that “the interrogation transcripts are prefaced with the warning that ‘the detainee has been known to withhold information or deliberately mislead,’” and also mentions some allegations made against US interrogators, including sleep deprivation, extremes of heat and cold, truth drugs, and the use of Arab interrogators so that detainees thought they were in an Arab camp. [Sunday Times (London), 3/28/2004] When it becomes clear what techniques have been used to obtain information from KSM, doubts will be expressed about the reliability of his information (see June 16, 2004 and August 6, 2007). However, most of this information will appear in the relevant sections of the 9/11 Commission report, which are based on reports produced by CIA interrogators. [9/11 Commission, 7/24/2004] Despite this, some of the information contained in the report seems to be incorrect. For example, Abu Zubaida is described as a member of al-Qaeda’s inner shura council, although it appears he was not that close to al-Qaeda’s senior leadership (see Shortly After March 28, 2002). In addition, KSM is described as the head of al-Qaeda’s military committee, although he will later deny this (see March 10, 2007).

Entity Tags: Khalid Shaikh Mohammed, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Cover of Wilson’s ‘The Politics of Truth.’Cover of Wilson’s ‘The Politics of Truth.’ [Source: Barnes and Noble]Former ambassador Joseph Wilson, who helped disprove the White House’s claim that Iraq had attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and in turn had his wife, Valerie Plame Wilson, exposed as a CIA agent through a White House leak (see July 14, 2003, September 26, 2003, and September 30, 2003), publishes his book, The Politics of Truth: Inside the Lies that Led to War and Betrayed My Wife’s CIA Identity: A Diplomat’s Memoir. He had signed with a relatively small publisher, Carroll & Graf, after making a gentleman’s agreement with C&G editor Philip Turner, and refused to allow his literary agent to bid his book out for a larger advance in order to honor the agreement with Turner. According to Wilson’s wife, he worked relentlessly for four months to complete the book, eager to tell not just the story of his trip to Niger and his wife’s outing, but to write about his wide and varied diplomatic career in Africa and the Middle East (see September 5, 1988 and After, September 20, 1990, and Late November, 1990). [Wilson, 2007, pp. 171-172] The book sells well and garners mostly positive reviews; for example, author and former White House counsel John Dean gives it a glowing review in the New York Times (see May 12, 2004). But right-wing supporters of the Bush administration quickly publish their own vilifications of Wilson and his book (see July 12, 2004). Plame Wilson will write in 2007: “Having lived through the first spate of attacks on Joe’s credibility and character in the wake of the leak, I thought I had acquired some armor. I was wrong. I knew the comments were politically motivated, but they were still painful to read, and once again we felt under siege.” Plame Wilson is particularly alarmed by the death threats made against her and her family by unidentified telephone callers, including one “seriously deranged person” who manages to talk to her four-year-old son for a moment. She asks the CIA for additional security measures to protect her children, a request that the agency will eventually deny. She will recall: “To say that the CIA response ‘disappointed’ me doesn’t begin to touch the betrayal that I felt. After [REDACTED] loyal service, I expected the agency to come through on its standing promise to protect its ‘family,’ something that had always been a point of CIA pride.… Clearly, I was on my own.” [Wilson, 2007, pp. 178-180]

Entity Tags: Joseph C. Wilson, Bush administration (43), Carroll & Graf, John Dean, Philip Turner, Valerie Plame Wilson, Central Intelligence Agency

Timeline Tags: Niger Uranium and Plame Outing

Lynndie England dragging a prisoner nicknamed Gus on October 24, 2003.Lynndie England dragging a prisoner nicknamed Gus on October 24, 2003. [Source: Public domain]CBS’s “60 Minutes II” airs the Abu Ghraib prison photos (see March 23, 2004) having learned that the New Yorker is about to publish a piece on abuses at Abu Ghraib. Bush reportedly first learns about these photos from the television report. [CBS News, 5/6/2004; Los Angeles Times, 5/6/2004; Baltimore Sun, 5/6/2004; St. Petersburg Times, 5/9/2004] Most of the photos show prisoners being forced to engage in humiliating sexual acts. For example in one photo a hooded naked man is forced to masturbate as a grinning female MP, Lynndie England, looks on, giving a thumbs-up. Another photo shows two naked hooded men, one standing, while the other is kneeling in front of him, simulating oral sex. The Bush administration will portray these forced acts of humiliation as the immature pranks of low ranking soldiers. But others will argue that the acts were ordered from above with the intent to exploit Arab culture’s conservative views with regard to sex and homosexuality (see 2002-March 2003). [New Yorker, 5/10/2004; New Yorker, 5/17/2004] A different picture shows a hooded-man with his arms spread and wires dangling from his fingers, toes, and penis. He was apparently told that if he fell off the box he would be electricuted. The tactic is known as the “The Vietnam,” an “arcane torture method known only to veterans of the interrogation trade” that had been first used by Brazilians in the 1970s. [Seattle Times, 5/14/2004; Newsweek, 5/24/2004 Sources: Darius Rejali] Another picture is of Manadel al-Jamadi who was killed after being “stressed” too much (see (7:00 a.m.) November 4, 2003). [New Yorker, 5/10/2004; New Yorker, 5/17/2004] “A generation from now,” one observer notes, “historians may look back to April 28, 2004, as the day the United States lost the war in Iraq.” [Washington Monthly, 11/2004]

Entity Tags: George W. Bush, Lynndie England, Manadel al-Jamadi, Bush administration (43), CBS News

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A US intelligence analyst at Abu Ghraib tells military investigators that, as per a directive from Defense Secretary Rumsfeld (see December 2, 2002), it is “common that the detainees on [military intelligence] hold in [a facility known as the] hard site were initially kept naked and given clothing as an incentive to cooperate with us.” An interrogator tells the investigators that it is “common to see detainees in cells without clothes or naked,” and says it is “one of our approaches.” Enforced nudity is a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

Speaking about the Abu Ghraib scandal (see April 28, 2004), President Bush promises a “full investigation.” In an interview with Al Arabiya, he says: “It’s important for people to understand that in a democracy, there will be a full investigation. In other words, we want to know the truth. In our country, when there’s an allegation of abuse… there will be a full investigation, and justice will be delivered.… It’s very important for people and your listeners to understand that in our country, when an issue is brought to our attention on this magnitude, we act. And we act in a way in which leaders are willing to discuss it with the media.… In other words, people want to know the truth. That stands in contrast to dictatorships. A dictator wouldn’t be answering questions about this. A dictator wouldn’t be saying that the system will be investigated and the world will see the results of the investigation.” [White House, 5/5/2004] In April 2009, after significant revelations of Bush torture policies have hit the press (see April 16, 2009 and April 21, 2009), Atlantic columnist Andrew Sullivan will write: “Bush personally authorized every technique revealed at Abu Ghraib. He refused to act upon the International Committee of the Red Cross’s report that found that he had personally authorized the torture of prisoners, in violation of the Geneva Conventions and the UN Convention on Torture and domestic law against cruel and inhuman treatment. A refusal to investigate and prosecute Red Cross allegations of torture is itself a violation of the Geneva Accords.” [Atlantic Monthly, 4/27/2009]

Entity Tags: Andrew Sullivan, George W. Bush

Timeline Tags: Torture of US Captives

The CIA’s inspector general, John Helgerson, releases a highly classified report from his office that examines allegations of torture from the time period between September 2001 (after the 9/11 attacks, when the CIA first began detaining suspected terrorists and informants) and October 2003. In the report, Helgerson warns that some aggressive interrogation techniques approved for use by the CIA since early 2002 (see Mid-March 2002) might violate some provisions of the international Convention Against Torture (see October 21, 1994). The report doubts the Bush administration position that the techniques do not violate the treaty because the interrogations take place overseas on non-US citizens. It will be released, in heavily redacted form, to the public in August 2009 (see August 24, 2009). From what becomes known of the report’s contents, the CIA engaged in a number of illegal and ethically questionable tactics on the part of its interrogators. Some of these tactics include the use of handguns, power drills, threats, smoke, and mock executions. Many of the techniques used against detainees were carried out without authorization from higher officials. The report says that the CIA’s efforts to provide “systematic, clear, and timely guidance” to interrogators were “inadequate at first” and that that failure largely coincided with the most significant incidents involving the unauthorized coercion of detainees, but as guidelines from the Justice Department accumulated over several years, oversight “improved considerably.” The report does not conclude that the techniques reviewed constitute torture, but it does find that they appear to constitute cruel, inhuman, and degrading treatment under the Convention. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 11/9/2005; MSNBC, 8/24/2009; Washington Post, 8/24/2009]
Physical Abuse - The report defines torture as an act “intended to inflict severe physical or mental pain and suffering.” It then begins detailing such acts. Incidents of physical abuse include:
bullet One incident caused the death of an Afghani detainee. According to the report: “An agency independent contractor who was a paramilitary officer is alleged to have severely beaten the detainee with a large metal flashlight and kicked him during interrogation sessions. The detainee died in custody.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009] In a 2009 statement, Helgerson will write: “In one extreme case, improvisation took a disastrous turn when an agency contractor in rural Afghanistan—acting wholly outside the approved program and with no authorization or training—took it upon himself to interrogate a detainee. This officer beat the detainee and caused his death. Following an investigation of the incident, this contract employee was convicted of assault and is now in prison.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet Waterboarding was routinely used, in a manner far exceeding previously issued guidelines. Interrogators “continuously applied large volumes of water,” and later explained that they needed to make the experience “more poignant and convincing.” The CIA interrogators’ waterboarding technique was far more aggressive than anything used in military survival training such as the SERE program (see December 2001). Eventually, the agency’s Office of Medical Services criticized the waterboarding technique, saying that the “frequency and intensity” with which it was used could not be certified as “efficacious or medically safe.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009] The report refers in particular to the treatment of 9/11 mastermind Khalid Shaikh Mohammed (KSM), who was reportedly waterboarded more than once (see Shortly After February 29 or March 1, 2003). Waterboarding is considered torture and is illegal in the US. The report also raises concern that the use of these techniques could eventually cause legal troubles for the CIA officers who used them. [New York Times, 11/9/2005]
Helgerson will write: “We found that waterboarding had been utilized in a manner that was inconsistent with the understanding between CIA and the Department of Justice. The department had provided the agency a written legal opinion based on an agency assurance that although some techniques would be used more than once, repetition would ‘not be substantial.’ My view was that, whatever methodology was used to count applications of the waterboard, the very large number of applications to which some detainees were subjected led to the inescapable conclusion that the agency was abusing this technique.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet In July 2002, a CIA officer used a “pressure point” technique “with both of his hands on the detainee’s neck, the officer manipulated his finger to restrict the detainee’s carotid artery.” The carotid artery supplies the brain with oxygenated blood; such “manipulat[ion]” could lead to unconsciousness or even death. A second officer “reportedly watched his eyes to the point that the detainee would nod and start to pass out. Then the officer shook the detainee to wake him. This process was repeated for a total of three applications on the detainee.”
bullet A technique routinely used by CIA interrogators was the “hard takedown,” which involves an interrogator grabbing a detainee and slamming him to the floor before having the detainee moved to a sleep-deprivation cell. One detainee was hauled off his feet by his arms while they were bound behind his back with a belt, causing him severe pain.
bullet Another routinely used technique is “water dousing,” apparently a variant of waterboarding, in which a detainee is laid on a plastic sheet and subjected to having water sluiced over him for 10 to 15 minutes. The report says that at least one interrogator believed the technique to be useful, and sent a cable back to CIA headquarters requesting guidelines. A return cable explained that a detainee “must be placed on a towel or sheet, may not be placed naked on the bare cement floor, and the air temperature must exceed 65 degrees if the detainee will not be dried immediately.”
- - Detainee Abd al-Rahim al-Nashiri, suspected of plotting the 2000 bombing of the USS Cole (see October 12, 2000), was repeatedly “bathed” with hard-bristled scrub brushes in order to inflict pain. The brushes caused abrasions and bleeding. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Helgerson will write: “Agency officers who were authorized to detain and interrogate terrorists sometimes failed in their responsibilities. In a few cases, agency officers used unauthorized, threatening interrogation techniques. The primary, common problem was that management controls and operational procedures were not in place to avoid the serious problems that arose, jeopardizing agency employees and detainees alike.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Mental Abuse - Numerous instances of mental and emotional abuse were also documented.
bullet In 2002, interrogators staged a mock execution to intimidate a detainee. CIA officers began screaming outside the room where the detainee was being interrogated. When leaving the room, he “passed a guard who was dressed as a hooded detainee, lying motionless on the ground, and made to appear as if he had been shot to death.” The report says that after witnessing this performance, the detainee “sang like a bird.”
bullet Handguns and power drills were used to threaten detainees with severe bodily harm or death. One such instance involved al-Nashiri. An American, whose name is not released but who is identified as not being a trained interrogator and lacking authorization to use “enhanced methods,” used a gun and a power drill to frighten him. The American pointed the gun at al-Nashiri’s head and “racked” a round in the chamber. The American also held a power drill near al-Nashiri and revved it, while al-Nashiri stood naked and hooded. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
In 2009, reporter David Ignatius will say he finds the “image of a CIA interrogator standing with a power drill next to somebody he’s interrogating… particularly horrific, because that’s a technique that’s been used in torturing people in Iraq.” [PBS, 8/24/2009]
bullet A CIA interrogator told al-Nashiri that if he did not cooperate with his captors, “we could get your mother in here” and “we can bring your family in here.” The report says that the interrogator wanted al-Nashiri to infer for “psychological” reasons that his female relatives might be sexually abused. The interrogator has denied actually threatening to sexually abuse al-Nashiri’s mother or other relatives.
bullet An interrogator threatened the lives of one detainee’s children. According to the report, an “interrogator said to Khalid Shaikh Mohammed that if anything else happens in the United States, quote, ‘we’re going to kill your children.’” According to the report, the debriefer was trying to exploit a belief in the Middle East that interrogation techniques included sexually abusing female relatives in front of the detainees. It was during these same interrogation sessions that Mohammed was waterboarded 183 times in a single month (see April 16, 2009). [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
Fear of Recriminations - According to the report, there was concern throughout the agency over the potential legal consequences for agency officers. Officers “expressed unsolicited concern about the possibility of recrimination or legal action” and said “they feared that the agency would not stand behind them,” according to the report. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009] According to the report, CIA personnel “are concerned that public revelation” of the program will “seriously damage” personal reputations as well as “the reputation and effectiveness of the agency itself.” One officer is quoted as saying he could imagine CIA agents ending up before the World Court on war crimes charges. “Ten years from now, we’re going to be sorry we’re doing this,” another officer said. But “it has to be done.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009] Helgerson will write: “This review of the agency’s early detention and interrogation activities was undertaken in part because of expressions of concern by agency employees that the actions in which they were involved, or of which they were aware, would be determined by judicial authorities in the US or abroad to be illegal. Many expressed to me personally their feelings that what the agency was doing was fundamentally inconsistent with long established US government policy and with American values, and was based on strained legal reasoning. We reported these concerns.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Recommendations - The report lists 10 recommendations for changes in the treatment of detainees, but it will not be reported what these are. Eight of the recommendations are apparently later adopted. Former CIA assistant general counsel John Radsan will later comment, “The ambiguity in the law must cause nightmares for intelligence officers who are engaged in aggressive interrogations of al-Qaeda suspects and other terrorism suspects.” [New York Times, 11/9/2005]
Approval, Contradictory Statements by Attorney General - The report says that Attorney General John Ashcroft approved all of these actions: “According to the CIA general counsel, the attorney general acknowledged he is fully aware of the repetitive use of the waterboard and that CIA is well within the scope of the DOJ opinion that the authority given to CIA by that opinion. The attorney general was informed the waterboard had been used 119 times on a single individual.” In 2009, reporter Michael Isikoff will say that the contents of the report “conflict… with the public statements that have been made over the years by Bush administration officials and CIA directors.” In 2007, then-CIA Director Michael Hayden will tell the Council on Foreign Relations that the agency’s detention and interrogation program was “very carefully controlled and lawfully conducted—has been carefully controlled and lawfully conducted.” Isikoff will say, “It’s kind of hard to square that with… what was in the CIA inspector general report that had been presented five years ago in 2004.” [Central Intelligence Agency, 5/7/2004 pdf file; MSNBC, 8/25/2009]
Questions of Effectiveness - The report does document that some interrogations obtained critical information to identify terrorists and stop potential plots, and finds that some imprisoned terrorists provided more information after being exposed to brutal treatment (see August 24, 2009). It finds that “there is no doubt” that the detention and interrogation program itself prevented further terrorist activity, provided information that led to the apprehension of other terrorists, warned authorities of future plots, and helped analysts complete an intelligence picture for senior policymakers and military leaders. But whether the harsh techniques were effective in this regard “is a more subjective process and not without some concern,” the report continues. It specifically addresses waterboarding as an illegal tactic that is not shown to have provided useful information. “This review identified concerns about the use of the waterboard, specifically whether the risks of its use were justified by the results, whether it has been unnecessarily used in some instances,” the report reads, and notes that in many instances, the frequency and volume of water poured over prisoners’ mouths and noses may have exceeded the Justice Department’s legal authorization. In the instance of detainee Abu Zubaida, the report finds, “It is not possible to say definitively that the waterboard is the reason for Abu [Zubaida]‘s increased production [of intelligence information], or if another factor, such as the length of detention, was the catalyst.” In 2009, Isikoff will note that the effectiveness of torture is not clarified by the report. “As you know, Vice President [Dick] Cheney and others who had defended this program have insisted time and again that valuable intelligence was gotten out of this program. You could read passages of this report and conclude that that is the case, that they did get—some passages say important intelligence was gotten. But then others are far more nuanced and measured, saying we don’t really know the full story, whether alternative techniques could have been used.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Cheney Blocked Report's Completion - Reporter Jane Mayer later learns that Cheney intervened to block Helgerson from completing his investigation. Mayer will write that as early as 2004, “the vice president’s office was fully aware that there were allegations of serious wrongdoing in the [interrogation] program.” Helgerson met repeatedly and privately with Cheney before, in Mayer’s words, the investigation was “stopped in its tracks.” She will call the meetings “highly unusual.” In October 2007, CIA Director Michael Hayden will order an investigation of Helgerson’s office, alleging that Helgerson was on “a crusade against those who have participated in controversial detention programs.” [Public Record, 3/6/2009]

Entity Tags: Office of Medical Services (CIA), International Criminal Court, Jane Mayer, John Helgerson, David Ignatius, John Radsan, John Ashcroft, Convention Against Torture, Abu Zubaida, Bush administration (43), US Department of Justice, Richard (“Dick”) Cheney, Central Intelligence Agency, Michael Hayden, Abd al-Rahim al-Nashiri, Khalid Shaikh Mohammed, Michael Isikoff

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The lobbying organization Citizens United (CU) runs a television advertisement featuring the father of a firefighter killed in the aftermath of the 9/11 attacks. The father, Jimmy Boyle, says in the ad: “On September 11, terrorists murdered nearly 3,000 Americans, including 346 firefighters, one of which was my son, Michael. I lost my son. I spoke to him that day. He went to work that morning, and he had died for a reason: because somebody hates America. And that day, George Bush became a leader, a war president.” CU is spending $100,000 to run the ad for a week in Ohio, Pennsylvania, West Virginia, Wisconsin, and Washington, DC. CU is led by Republican political operative David Bossie (see May 1998). [Washington Post, 5/11/2004; Media Matters, 5/11/2004]

Entity Tags: Michael Boyle, Citizens United, George W. Bush, Jimmy Boyle, David Bossie

Timeline Tags: Complete 911 Timeline, Civil Liberties, 2004 Elections

Author and former Nixon White House counsel John Dean reviews former ambassador Joseph Wilson’s new book, The Politics of Truth (see April 2004). Dean, who has long been a fierce critic of the Bush administration, uses the review to examine aspects of the controversy surrounding the White House’s disproven claim that Iraq attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and the outing of Wilson’s wife as a CIA agent through a White House leak (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, Before July 14, 2003, and July 14, 2003). Dean calls the book “riveting and all-engaging… provid[ing] context to yesterday’s headlines, and perhaps tomorrow’s, about the Iraq war and about our politics of personal destruction,” as well as detailed information about Wilson’s long diplomatic service in Africa and the Middle East, and what Dean calls “a behind-the-scenes blow-by-blow of the run-up to the 1991 Persian Gulf war.”
'Anti-Dumb-War' - Dean also admires Wilson’s opposition to the Iraq war, saying that “Wilson is not antiwar. Rather, he is ‘anti-dumb-war’” and noting that while Wilson is not himself particularly conservative (or liberal), he considers the neoconservatives who make up the driving force in President Bush’s war cabinet “right-wing nuts.”
'Vicious Hatchet Job' - Dean quickly moves into the White House-orchestrated attempt to besmirch Wilson’s credibility, calling it “the most vicious hatchet job inside the Beltway since my colleague in Richard Nixon’s White House, the dirty trickster Charles W. Colson, copped a plea for defaming Daniel Ellsberg and his lawyer (see June 1974).… It was an obvious effort to discredit Wilson’s [Niger] report, and, Wilson believes, a you-hurt-us-we-will-hurt-you warning to others.” While Wilson writes with passion and anger about the outing of his wife, he restrains himself from giving too many personal details about her, relying instead on material already revealed in press interviews and reports. Dean notes that Wilson believes his wife’s name was leaked to the press by any or all of the following White House officials: Lewis “Scooter” Libby, the chief of staff to Vice President Dick Cheney; Karl Rove, Bush’s chief political strategist; and Elliott Abrams, a national security adviser and former Iran-Contra figure (see October 7, 1991). Though Dean is correct in noting that Wilson comes to his conclusions “based largely on hearsay from the Washington rumor mill,” he will be proven accurate in two out of three of his assertions (see July 8, 2003, 11:00 a.m. July 11, 2003, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Wilson continues to fight attacks from Bush supporters, but, Dean notes, if they actually read his book, “they should understand that they have picked a fight with the wrong fellow.” [New York Times, 5/12/2004]

Entity Tags: Joseph C. Wilson, Bush administration (43), John Dean, Lewis (“Scooter”) Libby, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

Sam Francis, a white supremacist and syndicated columnist (see September 1995), marks the 50th anniversary of the landmark civil rights case Brown v. Board of Education by calling it “the most dangerous and destructive Supreme Court decision in American history.” Francis blames the decision for giving the Supreme Court the impetus to “gut… state and local law enforcement powers” (referring to the 1966 Miranda v. Arizona ruling that gave suspects basic rights after being arrested), “ban… school prayer,” weaken laws “against sedition and obscenity,” overturn death penalty statutes and “laws governing sexual morals,” and legalize abortion. “This is merely a partial list of the tyranny the Court has succeeded in creating because the American people allowed it to get away with Brown,” he writes. The decision is uniformly disastrous, he continues, with no “merits in law” to justify its existence. The Constitution never intended for children of different races to go to school together, Francis writes, and therefore the Supreme Court should never have ruled that schools should be desegregated. Moreover, he writes, school segregation actually promotes the academic success of African-American children. “By cramming through a legally groundless ruling that authorized the federal engineering of American society, Brown alienated Southern whites for at least a generation, wrecked public education, and helped revolutionize both cities and suburbs,” he concludes. “Today, schools once entirely white because of segregation laws are entirely black because of Brown. The white middle class exodus has meant the domination of cities by a black underclass, the crooks and demagogues it puts in office, and the financial and social devastation of American urban life.” Francis’s columns are provided to a national audience by Creators Syndicate. [VDare (.com), 5/17/2004]

Entity Tags: US Supreme Court, Sam Francis

Timeline Tags: Domestic Propaganda

Conservative radio host Michael Savage marks the 50th anniversary of the historic civil rights case Brown v. Board of Education by saying, “Everything about [the case] is sickening.” Savage criticizes President Bush for “trying to outmaneuver [Democratic presidential candidate John] Kerry on the race issue” by being photographed “hugging people of color” at a church in Birmingham, Alabama. Savage calls the idea that there is racism in America “left-wing brainwashing.… [W]hat, racism still exists? Well okay, where does it still exist? Can you tell me of some minority here who can’t get ahead in this country if he’s smart, or she’s smart, and she pushes, as much as a white person?… In fact they’re given priority treatment everywhere, you know that.” Savage calls a recent claim by Kerry that schools remain underfunded and divided by income “rubbish, pure rubbish,” and implies that African-American children will perform at lower levels than their white counterparts no matter how equal funding is: “I can show you one minority school after another, with more funding per capita than surrounding, suburban white schools, and the kids still do badly. Okay? Take that—put that in your pipe and smoke it, and go explain it to yourself, because I know the reasons why.” [Media Matters, 5/21/2004]

Entity Tags: George W. Bush, Michael Savage, John Kerry

Timeline Tags: Domestic Propaganda

The General Accounting Office (GAO) finds that the Bush administration broke two federal laws as part of its publicity campaign to promote its new Medicare prescription drug policies. The Department of Health and Human Services (HHS) illegally spent federal monies on what amounts to covert propaganda in producing and distributing “video news releases,” or VNRs, to local television news broadcasters around the country that were designed to look like objective news reports (see March 15, 2004). The GAO findings do not carry legal weight, because the GAO acts as an adviser to Congress. The viewers in the more than 40 cities who saw the reports did not know they were watching government-produced videos anchored by public relations “flacks” paid by HHS who were not real reporters. The VNRs have only fueled criticism of the Medicare prescription drug coverage program, which gives private health care firms and prescription drug companies a much larger role in providing and setting prices for Medicare recipients’ prescriptions. Democrats have long insisted that the law cripples Medicare beneficiaries’ ability to receive low-cost prescriptions in favor of funneling Medicare dollars into the pharmaceutical companies’ coffers; with the GAO findings, Democrats now say that the government used illegal propaganda tactics to “sell” the citizenry on the new program. The administration has already admitted that the program will cost hundreds of billions of dollars more than originally claimed. Democratic presidential candidate John Kerry (D-MA) calls the videos “another example of how this White House has misrepresented its Medicare plan.” Kerry’s Senate colleague, Edward Kennedy (D-MA), says: “The new GAO opinion is yet another indictment of the deception and dishonesty that has become business as usual for the Bush administration. It was bad enough to conceal the cost of the Medicare drug bill from the Congress and the American people. It is worse to use Medicare funds for illegal propaganda to try to turn this lemon of a bill into lemonade for the Bush campaign.” The Bush administration continues to insist that the VNR program is legal. “GAO opinions are not binding on the executive branch. That’s an opinion of the GAO. We don’t agree,” says HHS spokesman Bill Pierce, who justifies the VNR usage by pointing to their ubiquitous usage in corporate settings. Asked if he understands that a viewer might be angry at being led to believe that the VNRs were real news stories, Pierce replies, “If I’m a viewer, I’d be angry at my television station.” [Washington Post, 5/20/2004; Los Angeles Times, 5/20/2004]

Entity Tags: John Kerry, Bill Pierce, Bush administration (43), Edward M. (“Ted”) Kennedy, General Accounting Office, US Department of Health and Human Services

Timeline Tags: Domestic Propaganda

After many SERE techniques have been authorized for use in interrogations (see December 2001, January 2002 and After, and July 2002), and the Joint Personnel Recovery Agency considers sending SERE trainers to interrogation facilities in Afghanistan, a SERE psychologist warns: “[W]e need to really stress the difference between what instructors do at SERE school (done to INCREASE RESISTANCE capability in students) versus what is taught at interrogator school (done to gather information). What is done by SERE instructors is by definition ineffective interrogator conduct.… Simply stated, SERE school does not train you on how to interrogate, and things you ‘learn’ there by osmosis about interrogation are probably wrong if copied by interrogators.” [Huffington Post, 4/21/2009]

Entity Tags: Joint Personnel Recovery Agency

Timeline Tags: Torture of US Captives

CNN announces that conservative pundit Dinesh D’Souza is a new political analyst for the network. D’Souza became active in conservative politics and punditry as an editor of the Dartmouth Review in the early 1980s, where he authored and published numerous inflammatory articles reviling, among others, blacks, Jews, and gays (see 1981, March 15, 1982, October 1982, and 1983). From Dartmouth, D’Souza went to the White House, where he served as a senior domestic policy analyst in the Reagan administration. He has served as a fellow at the American Enterprise Institute and the Hoover Institution, and published a number of books, including 1995’s inflammatory The End of Racism, which progressive media watchdog organization Media Matters described as advancing the idea that “low-income black people are basically ‘pathological’ and that white racism really isn’t racism at all, just a logical response to this ‘pathology.’” D’Souza’s Web site “argues that the American obsession with race is fueled by a civil rights establishment that has a vested interest in perpetuating black dependency”; in a 1995 Wall Street Journal op-ed, he argued that “[t]he best way for African-Americans to save private sector affirmative action may be to repeal the Civil Rights Act of 1964.” Two African-American conservatives, Glenn Loury and Robert Woodson, resigned from AEI after the publication of The End of Racism and another racially objectionable book, The Bell Curve, by AEI fellow Charles Murray. [Media Matters, 6/8/2004]

Entity Tags: Dinesh D’Souza, CNN, American Enterprise Institute, Charles Murray, Glenn Loury, Dartmouth Review, Reagan administration, Media Matters, Hoover Institute, Robert Woodson

Timeline Tags: Domestic Propaganda

A Pew Center for the People and the Press study finds that 35 percent of Republicans consistently watch Fox News, while 21 percent of Democrats do so. Fox has experienced the largest increase in viewers, and 52 percent of its audience defines itself as conservative. In general, Republicans consider Fox the most reliable broadcast news outlet, while Democrats consider it the least reliable. Overall, trust in mainstream news outlets, from CNN and ABC to the Wall Street Journal and the New York Times, has declined sharply since 2000. The biggest rise is in the number of news consumers who get their news from online, i.e. Internet, sources. [Pew Center for the People and the Press, 6/8/2004; Jamieson and Cappella, 2008, pp. 237]

Entity Tags: Pew Center for the People and the Press, ABC News, CNN, Wall Street Journal, Fox News, New York Times

Timeline Tags: Domestic Propaganda

During the annual G-8 economic summit, held in Sea Island, Georgia [2004 G8 Summit, 2004] , President Bush rejects the notion that he approved the use of torture. “The authorization I gave,” the president says, “was that all we did should be in accordance with American law and consistent with our international treaty obligations. That’s the message I gave our people.” He adds, “What I authorized was that we stay within the framework of American law.” And to emphasize his point, he says: “Listen, I’ll say it one more time.… The instructions that were given were to comply with the law. That should reassure you. We are a nation of laws. We follow the law. We have laws on our books. You could go look at those laws and that should reassure you.” [US President, 6/21/2004] During the summit, the foreign ministers of the participating countries are suddenly called to Washington to meet with Bush and Secretary of State Colin Powell. As Canadian Foreign Minister Bill Graham will later recall: “Colin suddenly phoned us all up and said, ‘We’re going to the White House this morning.’ Now, this is curious, because normally the heads of government don’t give a damn about foreign ministers. We all popped in a bus and went over and were cordially received by Colin and President Bush. The president sat down to explain that, you know, this terrible news had come out about Abu Ghraib and how disgusting it was. The thrust of his presentation was that this was a terrible aberration; it was un-American conduct. This was not American. [German Foreign Minister] Joschka Fischer was one of the people that said, ‘Mr. President, if the atmosphere at the top is such that it encourages or allows people to believe that they can behave this way, this is going to be a consequence.’ The president’s reaction was: ‘This is un-American. Americans don’t do this. People will realize Americans don’t do this.’ The problem for the United States, and indeed for the free world, is that because of this—Guantanamo, and the ‘torture memos’ from the White House (see November 6-10, 2001 and August 1, 2002), which we were unaware of at that time—people around the world don’t believe that anymore. They say, ‘No, Americans are capable of doing such things and have done them, all the while hypocritically criticizing the human-rights records of others.’” [Vanity Fair, 2/2009]

Entity Tags: Bill Graham, George W. Bush, Colin Powell, Joschka Fischer

Timeline Tags: Torture of US Captives, Civil Liberties

Jack Goldsmith, once considered a rising star in the Bush administration (see October 6, 2003), resigns under fire from his position as chief of the Justice Department’s Office of Legal Counsel (OLC). In his nine-month tenure, Goldsmith fought against the administration’s warrantless wiretapping program, its advocacy of torture, and its policy of extrajudicial detention and trial for terror suspects. Goldsmith will not discuss his objections to the administration’s policy initiatives until September 2007, when he will give interviews to a variety of media sources in anticipation of the publication of his book, The Terror Presidency. Goldsmith led a small, in-house revolt of administration lawyers against what they considered to be the constitutional excesses of the legal policies advocated by the administration in its war on terrorism. “I was disgusted with the whole process and fed up and exhausted,” he will recall. Goldsmith chooses to remain quiet about his resignation, and as a result, his silence will be widely misinterpreted by media, legal, and administration observers. Some even feel that Goldsmith should be investigated for his supposed role in drafting the torture memos (see January 9, 2002, August 1, 2002, and December 2003-June 2004) that he had actually opposed. “It was a nightmare,” Goldsmith will recall. “I didn’t say anything to defend myself, except that I didn’t do the things I was accused of.” [New York Times Magazine, 9/9/2007] Goldsmith will not leave until the end of July, and will take a position with the Harvard University Law School. Unlike many other Justice Department officials, he will not be offered a federal judgeship, having crossed swords with White House lawyers too many times. [Savage, 2007, pp. 191]

Entity Tags: US Department of Justice, Office of Legal Counsel (DOJ), Jack Goldsmith

Timeline Tags: Civil Liberties

The conservative lobbying and advocacy group Citizens United (CU) attempts to rebut a 60 Minutes appearance by former President Bill Clinton by buying television time to accuse Clinton of leaving the US unprepared for the 9/11 attacks. Clinton appears on the CBS newsmagazine to discuss his upcoming autobiography, My Life. In the book, Clinton says that CU president David Bossie (see May 1998) helped to create the Whitewater scandal that plagued his second presidential term and led to his impeachment by the Republican-led House of Representatives. Bossie has published a book, Intelligence Failure, blaming the Clinton administration for leaving the country vulnerable to the 9/11 attacks. Bossie recently told an interviewer that he has been working on “uncovering the truth” about the Clinton administration for a decade. “I am going to make sure people remember the facts, not just what he wants people to remember,” he said. Bossie’s organization runs a commercial in several markets listing a number of terrorist attacks during Clinton’s two terms, and accusing Clinton of leaving the nation unprepared for the 9/11 assault. The CU refutation is just one of a number of conservative attacks on Clinton over his book, possibly because Clinton shows signs of being willing to join Democratic presidential candidate John Kerry (D-MA) on the campaign trail. A number of conservatives are advising the Kerry campaign to keep its distance from Clinton. [New York Times, 6/21/2004]

Entity Tags: Citizens United, CBS News, William Jefferson (“Bill”) Clinton, David Bossie, John Kerry

Timeline Tags: 2004 Elections

Aides to President Bush, including Alberto Gonzales, publicly renounce the internal memo of August 1, 2002 (see August 1, 2002) that outlined a legal opinion by the Justice Department’s Office of Legal Counsel (OLC). They say it created the false impression that the US government was claiming the right to authorize interrogation techniques in violation of international law. Gonzales agrees that some of its conclusions were “controversial” and “subject to misinterpretation.” [Washington Post, 6/23/2004] The White House announces that all legal advice rendered by the OLC on interrogations will be reviewed and that sections of the August memo will be rewritten. Gonzales says the section in the memo arguing that the president, as Commander-in-Chief, is not bound by anti-torture laws is “unnecessary.” Justice Department officials also say the section will be scrapped. [Washington Post, 6/27/2004] In his introductory statement, however, Gonzales describes the circumstances under which the memo had come about: “We face an enemy that lies in the shadows, an enemy that doesn’t sign treaties, they don’t wear uniforms, an enemy that owes no allegiance to any country, they do not cherish life. An enemy that doesn’t fight, attack, or plan according to accepted laws of war, in particular Geneva Conventions.” [Washington File, 6/23/2004] Gonzales claims that giving these people a protected status under the Geneva Conventions would be tantamount to rewarding the terrorists’ lawlessness. “[T]o protect terrorists when they ignore the law is to give incentive to continued ignoring that law,” he says. [Washington File, 6/23/2004] Gonzales says he thinks that Bush never actually saw the August 2002 memo: “I don’t believe the president had access to any legal opinions from the Department of Justice.” [New York Times, 6/24/2004]

Entity Tags: George W. Bush, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

Fahrenheit 9/11 movie poster.
Fahrenheit 9/11 movie poster. [Source: Lions Gate Films]Fahrenheit 9/11, a film by well-known documentarian and author Michael Moore, is released in the US. Amongst other things, this film reveals connections between the Bush family and prominent Saudis including the bin Laden family. [New York Times, 5/6/2004; New York Times, 5/17/2004; Toronto Star, 6/13/2004] It reviews evidence the White House helped members of Osama bin Laden’s family and other Saudis fly out of the US in the days soon after 9/11. [New York Times, 5/17/2004; Toronto Star, 6/13/2004; New York Times, 6/18/2004; Los Angeles Times, 6/23/2004; Newsweek, 6/30/2004] It introduces to the mainstream damning footage of President Bush continuing with a photo-op for seven minutes (see (9:07 a.m.) September 11, 2001) after being told of the second plane hitting the WTC on 9/11. [New York Times, 6/18/2004; Washington Post, 6/19/2004; Newsweek, 6/20/2004; Los Angeles Times, 6/23/2004] Disney refused to let its Miramax division distribute the movie in the United States, supposedly because the film was thought too partisan. [New York Times, 5/6/2004; Guardian, 6/2/2004; Los Angeles Times, 6/11/2004; Agence France-Presse, 6/23/2004] The film won the top award at the prestigious Cannes Film Festival—the first documentary to do so in nearly 50 years. [BBC, 5/24/2004; Guardian, 5/24/2004; Agence France-Presse, 6/23/2004] It is generally very well received, with most US newspapers rating it favorably. [Agence France-Presse, 6/23/2004; Editor & Publisher, 6/27/2004] The film is an instant hit and is seen by tens of millions. [Associated Press, 6/27/2004; BBC, 6/28/2004; Associated Press, 6/28/2004; CBS News, 6/28/2004] There are some criticisms that it distorts certain facts, such as exaggerating the possible significance of Bush and bin Laden family connections, and gripes about a $1.4 billion number representing the money flowing from Saudi companies to the Bush family. However, the New York Times claims that the public record corroborates the film’s main assertions. [New York Times, 5/17/2004; New York Times, 6/18/2004; Newsweek, 6/30/2004] Shortly before the film’s release, the conservative organization Citizens United tried to block the film’s distribution (see June 27, 2004). The effort failed (see August 6, 2004).

Entity Tags: George W. Bush, Bin Laden Family, Michael Moore, Osama bin Laden, Citizens United, Walt Disney Company, Miramax

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Domestic Propaganda, 2004 Elections

David Bossie (see May 1998), the head of the conservative lobbying group Citizens United (CU), accuses liberal filmmaker Michael Moore of improper involvement in the presidential campaign of Senator John Kerry (D-MA). Moore and the production company Lions Gate have released a new documentary, Fahrenheit 9/11, that is highly critical of the Bush administration (see June 25, 2004). Bossie says the film’s commercials, airing on network and cable television, are little more than campaign commercials devised to attack President Bush and assist Kerry. One commercial shows Bush on the golf course, talking about terrorism. In the clip, Bush tells a group of reporters, “We must stop these terrorist killers,” then turns his back, hefts his golf club, and says, “Now watch this drive.” The New York Times writes that “[t]he scene is one of many featured in the film that paint the president as cavalier, cynical, and insincere in the war against terrorism.” Republicans have for the most part ignored the film until recently, when ads for the film began drawing what they consider unwarranted attention. Bossie says: “There’s only a very small percentage of Americans that are going to go and see this movie. A much larger number are going to be bombarded by these political ads run by Michael Moore, potentially all the way through the election.” CU has run ads supportive of Bush (see (May 11, 2004)). Bossie has filed a complaint with the Federal Election Commission (FEC) asking that agency to classify the film’s ads as political, and restrict their broadcast according to campaign finance law (see March 27, 2002 and December 10, 2003). The law says that if found to be political, the ads must not be aired within 30 days of the start of the Republican National Convention on August 30. Legal experts say the FEC is unlikely to rule on the complaint for months, and even if the agency finds the ads to be political, the film could qualify for an exemption from the restrictions for news and commentary. Tom Ortenberg of Lions Gate says, “If we are still running television ads [by July 30], we will make certain that they are in full compliance with any and all regulations.” If they must remove Bush from the ads to remain in compliance, Ortenberg says “we can market this film without him.” Ortenberg denies that the ads have any political agenda. [New York Times, 6/27/2004] After Lions Gate agrees not to show ads for the film after July 30, the FEC will dismiss the complaint (see August 6, 2004).

Entity Tags: Lions Gate, David Bossie, Citizens United, Federal Election Commission, John Kerry, New York Times, George W. Bush, Tom Ortenberg, Michael Moore

Timeline Tags: Civil Liberties, 2004 Elections

Richard Viguerie.Richard Viguerie. [Source: PBS]Conservative marketing expert Richard Viguerie, writing with David Franke in America’s Right Turn, notes: “Conservatives will almost always defend Fox [News]‘s claim to be ‘fair and balanced,’ but they find it hard to do so without a smirk or smile on their face.… They proudly want to claim Fox as one if their own—it’s one of the movement’s great success stories” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 49]

Entity Tags: Fox News, Richard Viguerie

Timeline Tags: Domestic Propaganda

The Deputy Staff Judge Advocate for US Central Command (CENTCOM) says that Defense Secretary Donald Rumsfeld’s authorization of torture methods against detainees in US custody (see December 2, 2002) rendered such methods legal for use in Afghanistan. According to the lawyer: “[T]he methodologies approved for [Guantanamo]… would appear to me to be legal interrogation processes. [The secretary of defense] had approved them. The general counsel [Pentagon counsel William J. Haynes] had approved them.… I believe it is fair to say the procedures approved for Guantanamo were legal for Afghanistan.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld, William J. Haynes, US Central Command

Timeline Tags: Torture of US Captives

Kenneth Berry.Kenneth Berry. [Source: Public domain]On August 5, 2004, FBI agents target Dr. Kenneth Berry for a role in the 2001 anthrax attacks (see October 5-November 21, 2001). Agents raid his home and former apartment in Wellsville, New York, as well as his parents’ apartment in New Jersey. Agents cordon off streets and search the residences wearing biochemical protective suits. This becomes a highly publicized media spectacle. But Berry is not charged or arrested. The raids are the culmination of an 18-month investigation. For instance, in July, dozens of his associates were interviewed. Berry apparently panics and gets in a fight with his wife and stepchildren. A restraining order prevents him from returning home and he is eventually divorced. He also loses his job. By October 2004, government officials say their investigation has uncovered nothing that would implicate him in the anthrax attacks, but he is not officially cleared of suspicion.
Unusual Background as WMD Expert - Berry is a licensed physician working in a hospital. But in 1997, he formed an organization named Preempt, which promoted training for first responders to protect against a WMD attack. By 1999, Berry had risen in prominence and was meeting with prominent experts and politicians about WMD threats, including some US senators and former CIA Director James Woolsey. He was also working on inventions for systems to detect the release of germ weapons, but none of his inventions are successfully developed. In late 2000, he attended a two-day course on using anthrax and other germs as weapons, taught by bioweapons expert William Patrick. His organization Preempt slowly fizzled in importance, but he continued to consider himself a freelance WMD expert. [New York Times, 10/3/2004]
Investigators Lose Interest, but Name is Never Cleared - The Associated Press will comment in 2008, “investigators seemed to lose interest in Berry quickly,” but he lost his job and his wife in the process. He has never spoken about the experience, but a friend will say, “Since things quieted down, he’s put his life back together again and he’s in a stable environment right now.… As far as I know, he just wants his name cleared as publicly as it was smeared.” [Associated Press, 8/7/2008]

Entity Tags: Kenneth Berry, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

The Federal Election Commission (FEC) dismisses the complaint “Citizens United v. Michael Moore and Fahrenheit 9/11.” The conservative lobbying group Citizens United (CU—see (May 11, 2004)) had complained to the Federal Election Commission (FEC) that liberal documentarian Michael Moore released a movie, Fahrenheit 9/11 (see June 25, 2004), that was so critical of the Bush administration that it should be considered political advertising. If the movie is indeed political advertising, under federal law it cannot be shown within 30 days before a primary election or 60 days before a general election. The FEC dismisses the complaint, finding no evidence that the movie’s advertisements had broken the law. The movie’s distributors, Lions Gate, assure the FEC that they do not intend to advertise the movie during the time periods given under the law. [Federal Election Commission, 8/6/2004; Moneyocracy, 2/2012] In the aftermath of the FEC decision, CU leaders Floyd Brown (see September 21 - October 4, 1988) and David Bossie will decide that they can do what Moore did, and decide to make their own “documentaries.” Bossie realized after Fahrenheit 9/11 aired that it, and the television commercials promoting it, served two purposes—attacking President Bush and generating profits. Having already conducted an examination of the career of former First Lady Hillary Clinton (D-NY), now a sitting senator with presidential aspirations, the organization will decide to make its first “feature film” about her (see January 10-16, 2008). [New Yorker, 5/21/2012]

Entity Tags: Hillary Clinton, Citizens United, Bush administration (43), David Bossie, Floyd Brown, Michael Moore, Federal Election Commission, Lions Gate

Timeline Tags: Civil Liberties, 2004 Elections

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