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Context of 'April 14, 2005: Anti-Abortion Bomber Pleads Guilty, Explains Motives in Manifesto'

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The CIA’s inspector general, John Helgerson, issues a report on the use of a handgun and power drill to intimidate al-Qaeda leader Abd al-Rahim al-Nashiri during an interrogation. A CIA officer known only as “Albert” threatened al-Nashiri with the gun and drill at a CIA black site in Poland around late 2002 (see Between December 28, 2002 and January 1, 2003). [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file; Associated Press, 9/7/2010] The incidents have already been referred to the Justice Department, which has declined to prosecute (see September 11, 2003). What conclusions Helgerson comes to in the report are unknown. [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file]

Entity Tags: Office of the Inspector General (CIA), Abd al-Rahim al-Nashiri, “Albert”, John Helgerson, Central Intelligence Agency

Timeline Tags: Torture of US Captives

A CIA officer known only as “Albert” is reprimanded by the agency for threatening detained al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill. The incidents took place at a CIA black site in Poland in December 2002 or January 2003 (see Between December 28, 2002 and January 1, 2003) and Albert’s actions were approved by his supervisor, “Mike,” who is also reprimanded. [Associated Press, 9/7/2010] The timing of the reprimand is unknown, although it may follow the completion of a report into the matter by the CIA’s inspector general (see October 29, 2003). Both Mike and Albert leave the agency, although Albert will later be rehired as a contractor (see 2003 and Before 2008).

Entity Tags: “Albert”, Central Intelligence Agency, “Mike”

Timeline Tags: Torture of US Captives

Lawyers for accused terrorist Zacarias Moussaoui, battling to force the US government to allow them to depose other accused terrorists as part of their defense (see May 14, 2003), contact Jeff Almeida, the lawyer for the plaintiffs who sought to reopen the 1953 state secrets case US v Reynolds. They ask how his petition for coram nobis—a request for the court to “right a wrong”—went. Almeida tells them that the Court turned the petition down without comment (see June 23, 2003). Moussaoui’s lawyers tell Almeida that the government prosecutors were so reliant on Reynolds that “they had been waving it around the courtroom any chance they got.” Plaintiff Susan Brauner later says that she is glad Moussaoui’s lawyers contacted Almeida, and says she finds their interest “most encouraging.” She will add, “If we eventually walk away with nothing more than one concrete example where the case was of possible use to someone else… then I will believe we have done some good in impacting or at least raising the issue.” [Siegel, 2008, pp. 272-273]

Entity Tags: Zacarias Moussaoui, US Supreme Court, Jeff Almeida, Susan Brauner

Timeline Tags: Civil Liberties

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

President Bush signs a bill into law banning so-called “partial-birth abortions.” A similar bill was vetoed by then-President Clinton in 1996 (see April 1996). The bill signing is part of a ceremony of abortion opposition featuring some 400 lawmakers and anti-abortion advocates. The new law, known as the Partial Birth Abortion Ban Act, is the first time the federal goverment has banned an abortion procedure since the 1973 Roe v. Wade decision legalized abortions (see January 22, 1973). A federal judge in Nebraska has already said the law may be unconstitutional, and many observers expect it to be challenged. [CBS News, 4/19/2007] Three years later, the Supreme Court will uphold the law (see April 17, 2007).

Entity Tags: George W. Bush

Timeline Tags: US Health Care

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

The bombed Neve Shalom synagogue in Istanbul, Turkey.The bombed Neve Shalom synagogue in Istanbul, Turkey. [Source: Murad Sezer / Associated Press]On November 15, 2003, two Jewish synagogues are struck by suicide truck bombs in Istanbul, Turkey. Five days later, the British HSBC Bank and British Consulate in Istanbul are hit by more truck bombs. Fifty-eight people are killed in the attacks, including the British consul general, and over 750 are wounded. Turkish investigators believe the attacks were orchestrated by local al-Qaeda operatives after getting approval from Osama bin Laden. [BBC, 11/20/2003; BBC, 2/16/2007] In 2007, seven people will be sentenced to life in a Turkish prison for their role in the attacks. One of them is Luai Sakra, who confessed to being one of the two masterminds of the attacks (see March 21, 2006-February 16, 2007). Forty-one people receive shorter sentences, and 26 people are acquitted. [BBC, 2/16/2007] Evidence will later emerge suggesting that Sakra was an informant for the CIA, Turkey, and Syria at least in 2000 and 2001 (see 2000 and September 10, 2001).

Entity Tags: Osama bin Laden, Central Intelligence Agency, Al-Qaeda, Luai Sakra

Timeline Tags: Complete 911 Timeline

Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, is interviewed for a second time (see October 14, 2003) by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [MSNBC, 2/21/2007] During one or both interviews, Libby insists that he learned of Plame Wilson’s identity from journalists (see July 10 or 11, 2003), a lie that will play a large part in his upcoming indictment (see October 28, 2005). Investigators are compiling evidence that he learned of Plame Wilson’s CIA status from Cheney and other senior government officials (see (June 12, 2003)). Some investigators will come to believe that Libby is lying, and continues to lie, to protect Cheney’s involvement in attempting to discredit Plame Wilson’s husband, war critic Joseph Wilson (see October 1, 2003). [National Journal, 2/2/2006]

Entity Tags: Lewis (“Scooter”) Libby, Valerie Plame Wilson, Federal Bureau of Investigation, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

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

President Musharraf’s car damaged in one of the  assassination attempts.President Musharraf’s car damaged in one of the assassination attempts. [Source: Mian Khursheed / Reuters]On December 14, 2003, Pakistani President Pervez Musharraf survives an assassination attempt when a powerful bomb goes off 30 seconds after his highly-guarded convoy crosses a bridge in Rawalpindi, Pakistan. The heavily guarded bridge is just a mile from Musharraf’s house, yet militants were able to spend severals days tying explosives to the pylons below it. His life is saved by a jamming device in his car given to him by the FBI, which temporarily jams all telephone signals and thus delays the explosion. On December 25, 2003, two suicide bombers launch another attempt to assassinate Musharraf, driving car bombs into his convoy a short distance from the location of the previous attack. Their car bombs fail to kill him and he escapes with only a cracked windscreen on his car, but 16 others nearby are killed.
Investigation - The identities of the two suicide bombers are soon discovered. One is Mohammed Jamil, a member of the Jaish-e-Mohammed (JEM) militant group who fought with the Taliban. The other is Hazir Sultan, who also fought with the Taliban. The memory chip from Jamil’s phone is found in the debris, and it is discovered he talked to a policeman who told him the timing of Musharraf’s convoy. Only a handful of military officers knew the route and timing of Musharraf’s travels and which of several identical cars he would be using at any given time, suggesting that elements within the military were involved in the attacks. Investigators also discover that the explosives used in the attacks came from an al-Qaeda camp in the Pakistani tribal area of South Waziristan. [Rashid, 2008, pp. 230-232]
Militant Leaders against Musharraf - Osama bin Laden apparently called for Musharraf’s overthrow in October 2002 (see October 9, 2002), and Ayman al-Zawahiri apparently did the same in September 2003 (see September 28, 2003). In the months prior to the assassination attempts, Maulana Masood Azhar, head of JEM, gave a speech at a prominent mosque calling for Musharraf’s assassination. [BBC, 7/27/2007]
Limited Crackdown - Musharraf responds by reshuffling positions in the military high command. More than 150 military and security personnel will eventually be arrested and interrogated. Twelve suspects are eventually found guilty and sentenced to death for roles in the attacks; at least six are military officers. It is believed the suicide bombers and these officers were recruited and trained by Amjad Farooqi, a JEM leader also closely linked to al-Qaeda and the Taliban. Al-Qaeda leader Abu Faraj al-Libbi, said to be Farooqi’s superior, is also allegedly involved. A massive manhunt for Farooqi and al-Libbi will ensue. Farooqi will eventually be killed in September 2004 (see September 27, 2004) and al-Libbi captured in May 2005 and taken into US custody (see May 2, 2005). However, Musharraf’s response is relatively restrained. He avoids calls to launch a crackdown on the entire Islamist militant movement in Pakistan. He does not ban any militant groups, nor does he arrest militant leaders, not even Azhar, the head of JEM who had publicly called for his assassination. (JEM had been banned in Pakistan for a second time the month before (see November 2003).) He does allow the Pakistani Army to attack the safe haven of South Waziristan several months later, but only after the US gives him an ultimatum, essentially forcing him to do so (see March 18- April 24, 2004). [BBC, 9/27/2004; Rashid, 2008, pp. 230-232]

Entity Tags: Mohammed Jamil, Maulana Masood Azhar, Pervez Musharraf, Osama bin Laden, Ayman al-Zawahiri, Hazir Sultan, Abu Faraj al-Libbi, Jaish-e-Mohammed, Al-Qaeda, Amjad Farooqi

Timeline Tags: Complete 911 Timeline

Diane Sawyer with President Bush.Diane Sawyer with President Bush. [Source: USA Today]President Bush gives a rare one-on-one interview to ABC’s Diane Sawyer. Among other topics addressed, he reaffirms his belief that terrorists operated in Iraq before the March 2003 invasion (citing Ansar al-Islam, “a al-Qaeda affiliate, I would call them al-Qaeda, was active in Iraq before the war, hence—a terrorist tie with Iraq…”) and that his insistence that Iraq had an active and threatening WMD program was based on “good solid intelligence[, t]he same intelligence that my predecessor [Bill Clinton] operated on.” [ABC News, 12/17/2003] In 2004, former Nixon White House counsel John Dean will respond, “His predecessor, however, never claimed that Saddam [Hussein] had imminent… nuclear capacity, nor did his predecessor say that Iraq had ties to al-Qaeda.” [Dean, 2004, pp. 153]
Iraq Had WMD Program, Bush Insists - Bush insists that weapons inspector David Kay proved Iraq did have a burgeoning and active WMD program (see October 2, 2003), and implies that it is just a matter of time before the actual weapons are found. Sawyer says, “But stated as a hard fact, that there were weapons of mass destruction as opposed to the possibility that he could move to acquire those weapons still,” to which Bush replies, “So what’s the difference?” Sawyer appears taken aback by the answer, and Bush continues that since it was possible Hussein would acquire WMDs, it was necessary to “get rid of him” to make “the world a safer, freer place.” Sawyer presses the point home: “What would it take to convince you he didn’t have weapons of mass destruction?” and Bush responds: “Saddam Hussein was a threat. And the fact that he is gone means America is a safer country.” Sawyer asks, “And if he doesn’t have weapons of mass destruction?” and Bush replies tartly: “Diane, you can keep asking the question. I’m telling you, I made the right decision for America. Because Saddam Hussein used weapons of mass destruction, invaded Kuwait (see August 2, 1990). But the fact that he is not there is, means America’s a more secure country.” [ABC News, 12/17/2003] White House press secretary Scott McClellan will later write, “Bush’s response was telling, much more so than I stopped to contemplate at the time.” [McClellan, 2008, pp. 200]
Why Read the News? - Sawyer asks Bush about his reported penchant for not reading the news for himself. Bush confirms that he gets his news from National Security Adviser Condoleezza Rice and White House chief of staff Andrew Card, who, Sawyer says, “give you a flavor of what’s in the news.” Bush agrees that this is the case, and says: “Yeah. I get my news from people who don’t editorialize. They give me the actual news. And it makes it easier to digest, on a daily basis, the facts.” Sawyer asks, “Is it just harder to read constant criticism or to read?” to which Bush replies: “Why even put up with it when you can get the facts elsewhere? I’m a lucky man. I’ve got, it’s not just Condi and Andy. It’s all kinds of people in my administration who are charged with different responsibilities. And they come in and say, ‘this is what’s happening, this isn’t what’s happening.’” Laura Bush, who joins her husband halfway through the interview, says she reads the newspapers, including the opinion columns, but says: “I agree with him that we can actually get what is really happening from the people who really know what’s happening. And that isn’t always what you get in the newspapers.… There are certain columnists I won’t read. I mean, what, you know, why would I?” [ABC News, 12/17/2003]
Wilson: Bush 'Systematically Deceived' US, 'Betrayed' Military - Months later, former ambassador Joseph Wilson will write: “It was clear, from this one statement, […] that the administration, from the president on down, had systematically deceived the American people, Congress, and the world. Most of all, the president had betrayed the soldiers, sailors, airmen, and Marines who so bravely march out when ordered into war to defend our country against immiment threats, or even from grave and gathering dangers. Iraq had posed neither. The difference, Mr. President, I thought, is that war was not the only option, or even the best one. We had gone to war over capacity, not stockpiles, not mushroom clouds (see September 4, 2002), not intent, or, as John Bolton had earlier said more directly, because scientists were on Saddam’s payroll. Our troops had died—and were continuing to die—in vain. I came away from this sad revelation resolved that, unlike the other bitterly divisive war debate of my lifetime, over the war in Vietnam, we should admit this terrible fact sooner, rather than later, and thereby revise our national policies accordingly.” [Wilson, 2004, pp. 414-415]

Entity Tags: Laura Bush, William Jefferson (“Bill”) Clinton, Scott McClellan, Joseph C. Wilson, David Kay, Diane Sawyer, Al-Qaeda, George W. Bush, Andrew Card, Condoleezza Rice, Ansar al-Islam, Saddam Hussein

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

Saddam Hussein in US custody.Saddam Hussein in US custody. [Source: US Department of Defense]The FBI sends veteran interrogator George Piro to question captured Iraqi despot Saddam Hussein. Over a period of months, Piro uses a combination of friendliness, warmth, and verbal provocations to tease a wealth of information from Hussein. At no time does Piro or other FBI interrogators use “aggressive” or “harsh” interrogation methods against Hussein. Piro works closely with a team of FBI and CIA analysts to pore over Hussein’s responses. He will later recall his sessions with Hussein for CBS News interviewer Scott Pelley.
'Mr. Saddam' - Piro begins calling the dictator “Mr. Saddam,” as a sign of respect; by the end of their time, they are on a first-name basis with one another. Hussein never finds out that Piro is “just” an FBI agent; he believes that Piro is far more influential than he actually is, and is directly briefing President Bush on their conversations. “He didn’t know I worked for the FBI, he didn’t know I was a field agent,” Piro will recall. Had he found out, “I think initially he would have been angry. He would feel that I was way beneath him, and would not respond well to the interrogation. Or even to me.… I think he thought, and actually on a couple of occasions talked around the issue that I was directly answering to the president.” Piro will recall setting several strategies of deception into motion, including his barking orders at the guards to send them into a panic to obey his instructions. “[I]t was all part of our strategy,” Piro will explain.
Controlling the Dictator - Piro will say that he gained physical control of the setting—a small, windowless room with chairs and a table—merely by placing himself between Hussein and the door. “I purposely put his back against the wall,” Piro will recall. “And then mine against the door, psychologically to tell him that his back was against the wall in the interview room. And that I stood between him and the door, psychologically. Between him whether it’s to go back to his cell, freedom, whatever he was projecting to be outside of that door. I was kind of that psychological barrier between him and the door.” Piro will add, “I basically said that I was gonna be responsible for every aspect of his life, and that if he needed anything I was gonna be the person that he needed to talk to.” Piro controls Hussein’s food and cleaning materials—Piro will describe Hussein as a “clean freak” who uses large numbers of baby wipes to disinfect his cell and his food. Piro allows Hussein pen and paper to write what Piro will describe as inordinate amounts of “terrible” poetry. “We had the guards remove their watches,” Piro will recall. “And the only person that was wearing a watch was me. And it was very evident to him, ‘cause I was wearing the largest wristwatch you could imagine. And it was just the act of him asking for the time—was critical in our plan.” Pelley says, “So you controlled time itself,” and Piro answers, “Yes.”
No Coercive Interrogation Methods - Piro will say that no coercive interrogations, such as sleep deprivation, excessive heat or cold, bombardment with loud music, or waterboarding are ever used. “It’s against FBI policy, first,” Piro will explain. “And wouldn’t have really benefited us with someone like Saddam.… I think Saddam clearly had demonstrated over his legacy that he would not respond to threats, to any type of fear-based approach.” The best methods for use with Hussein are, according to Piro, time and patience.
Using Emotions to Create Vulnerability - Piro uses their time to build a relationship with Hussein based on dependency, trust, and emotion. He alternates between treating Hussein with courtesy and kindness, and provoking him with pictures and video images designed to anger and embarrass the former dictator. He uses pictures of the toppling of Hussein’s statues and news videos documenting his overthrow. “I wanted him to get angry. I wanted him to see those videos and to get angry,” Piro will say. “You want to take him through those various emotions. Happy, angry, sad. When you have someone going through those emotions they’re not able to really control themselves. And they’re more vulnerable during the interview.”
Insult Drove Kuwait Invasion - Piro learns that one of the driving forces behind Hussein’s invasion of Kuwait in 1990 (see August 2, 1990) was personal insult. “What really triggered it for him, according to Saddam, was he had sent his foreign minister to Kuwait to meet with the Emir Al Sabah, the former leader of Kuwait, to try to resolve some of the… issues” between Kuwait and Iraq, Piro will recall. “And the Emir told the foreign minister of Iraq that he would not stop doing what he was doing until he turned every Iraqi woman into a $10 prostitute. And that really sealed it for him, to invade Kuwait. He wanted to punish, he told me, Emir Al Sabah, for saying that.” The 1991 US invasion of Iraq (see January 16, 1991 and After) soured Hussein on then-President George H. W. Bush, a feeling that Hussein transferred to the son. “He didn’t like President [George W.] Bush,” Piro will say. “He would have liked meeting President Reagan. He thought he was a great leader. Honorable man. He liked President Clinton. But he did not like President Bush, the first or the current.”
Small Things, Big Impact - Piro will recall the outsized impact relatively small incidents have on Hussein. One night the FBI flies Hussein to a hospital. He is manacled and blindfolded. Piro will remember: “And once I saw how beautiful Baghdad was in the middle of the night, so I took advantage of it. I allowed him to look out and the lights were on. There was traffic. And it looked like any other major metropolitan city around the world. And for him to see that. And as I mentioned, you know, big Baghdad is moving forward without you. I mean, little things like that didn’t require a lot of suggestion on our part. It made its point.” Piro even uses Hussein’s birthday, a former national holiday, to drive home his point. “In 2004, no one celebrated his birthday on April 28th. So the only one that really knew and cared was us. I’d brought him some cookies, and we, the FBI, celebrated his birthday for him.” Piro gives Hussein packets of flower seeds and allows him to plant his own small garden, which he must tend with his hands because the FBI will not allow him to use tools. Piro will recall that their strolls in Hussein’s tiny garden are often the site of large revelations.
Avoiding Capture - Hussein tells Piro that US forces simply missed him during the first days of the invasion, the “shock and awe” assault. “He said that he was at one of the locations. He said it in a kind of a bragging fashion, that he was there, but that we missed him,” Piro later says. “He told me he changed the way he traveled. He got rid of his normal vehicles. He got rid of the protective detail he traveled with. Really just to change his signature so he would be much harder to identify.” And Hussein denies ever using body doubles or decoys, as US intelligence had long asserted.
WMD - Five months into the sessions, Hussein finally opens up to Piro regarding the subject of Iraq’s WMD programs. Using indirection, Piro begins to tease information out of Hussein. “He told me that most of the WMD had been destroyed by the UN inspectors in the ‘90s. And those that hadn’t been destroyed by the inspectors were unilaterally destroyed by Iraq,” Piro will recall. So why, Pelley will ask, did Hussein “put your nation at risk, why put your own life at risk to maintain this charade?” Piro will respond: “It was very important for him to project that because that was what kept him, in his mind, in power. That capability kept the Iranians away. It kept them from reinvading Iraq.” It is apparent, Piro says, that Hussein did not believe he could survive without the perception that he had WMD. But Piro confirms that Hussein always intended to restart his WMD program someday. “The folks that he needed to reconstitute his program are still there,” Piro will observe. “He wanted to pursue all of WMD. So he wanted to reconstitute his entire WMD program.”
Did Not Believe US Would Invade - From there, Hussein begins to explain why he let the US continue to believe he had such weapons even as troops began massing on his borders. He didn’t believe the US would actually invade, he says. As Piro will recall: “[H]e told me he initially miscalculated President Bush. And President Bush’s intentions. He thought the United States would retaliate with the same type of attack as we did in 1998 under Operation Desert Fox (see December 16-19, 1998). Which was a four-day aerial attack. So you expected that initially.” Hussein says that Iraq would have survived a relatively limited aerial bombardment. “He survived that once,” Piro will recall. “And then he was willing to accept that type of attack. That type of damage.” But he never believed the US would invade until almost the moment of the initial assault.
'The Secret War' - Hussein knew his military could not win in any confrontation with the US. Instead, as Piro will recall: “What he had asked of his military leaders and senior government officials was to give him two weeks. And at that point it would go into what he called the secret war.… Going from a conventional to an unconventional war.” Pelley will remark, “So the insurgency was part of his plan from the very beginning,” to which Piro will say, “Well, he would like to take credit for the insurgency.”
Iraq and al-Qaeda - Hussein confirms that his regime had no dealings with al-Qaeda, as many Bush officials have long believed. Hussein considered Osama bin Laden “a fanatic,” according to Piro. “You can’t really trust fanatics,” Hussein tells the interrogator. And he had no interest in any alliance with al-Qaeda. “He didn’t wanna be seen with bin Laden,” Piro will recall. “And didn’t want to associate with bin Laden.” Hussein viewed bin Laden as a threat to him and his regime.
Independent Confirmation and Praise for Piro's Efforts - Hussein’s claims are later verified by independent interrogations with other high-ranking Hussein regime officials. Piro’s boss, FBI Assistant Director Joe Persichini, will say that Piro’s interrogation is a high mark of the bureau’s recent efforts. “The FBI will be celebrating its 100th anniversary this year and I would have to say that the interview with Saddam Hussein is one of the top accomplishments of our agency in the last 100 years,” Persichini will say, and gives credit to Piro’s language skills. Only about 50 of the 10,000 FBI agents speak Arabic, he will note. Piro will credit his FBI and CIA colleagues for their work in analyzing Hussein’s statements, and their extensive knowledge of Hussein and his regime. “The more you know about your subject, the better of an interview… that you’re gonna conduct,” he will say. “You’ll be able to recognize inconsistencies, deception, things like that. Plus it really establishes your credibility within the interview.”
No Regrets - One thing Hussein never shows during his long interviews, Piro later recalls, is remorse. “No remorse,” Piro will say. “No regret.” [CBS News, 1/27/2008]

Entity Tags: George Herbert Walker Bush, Ronald Reagan, George Piro, George W. Bush, Jaber Al-Ahmad Al-Jaber Al-Sabah, Federal Bureau of Investigation, Central Intelligence Agency, Joe Persichini, CBS News, Saddam Hussein, Osama bin Laden, Scott Pelley, Al-Qaeda, William Jefferson (“Bill”) Clinton

Timeline Tags: Torture of US Captives, Iraq under US Occupation

After 15 months of brutal torture in Morocco (see July 21, 2002 -- January 2004), British terror suspect Binyam Mohamed (see May-September, 2001) is flown to Afghanistan by the CIA.
Shock at Brutal Treatment - Even the hardened CIA agents in Afghanistan are shocked by the treatment meted out by the Moroccans, who, among other treatments, had repeatedly slashed and lacerated Mohamed’s genitals with scalpels and knives. Mohamed will later recall: “When I got to Kabul a female agent started taking close-up pictures of my genitals. She was shocked. When they removed my diaper she could see blood was still oozing from the cuts on my penis. For the first two weeks they had me on antibiotics and they took pictures of my genitals every day. They told me, ‘This is not for us. It’s for Washington.’ They wanted to be sure it was healing.”
'The Dark Prison' - But the initial shock gives way to a new session of brutality at the hands of his American captors. Mohamed will later call his Afghani detention facility “the dark prison,” and recall it as one of the lowest points of his life. In Morocco, Mohamed confessed to anything he was asked—being part of a plot to build a radioactive “dirty bomb,” being a confidant of 9/11 planner Khalid Shaikh Mohammed, having met Osama bin Laden dozens of times—in order to, he says, avoid further torture. Now the Americans want him to be a prosecution witness against high-ranking al-Qaeda already in US custody. But Mohammed knows nothing of these people or their crimes, he will later say. The tortures with scalpels are not repeated, but Mohamed will recall seemingly endless ordeals of being shackled by the wrists to his door frame, often in complete darkness, and in one memorable instance, being subjected to a rap CD being played in his cell at ear-shatteringly loud volumes for an entire month without stop. “It’s a miracle my brain is still intact,” he will later say. In September, he is transferred to Guantanamo (see September 2004 and After). [Daily Mail, 3/8/2009]

Entity Tags: Binyam Mohamed, Central Intelligence Agency

Timeline Tags: Torture of US Captives

The 9/11 Commission first learns that the US had a program to assassinate Osama bin Laden before 9/11 (see December 24, 1998). The program, which is disclosed to the commission’s staff by former National Security Adviser Sandy Berger, was a response to the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The commission was not previously aware of the order and when Berger tells them about it they are confused, because the CIA has been telling them there was no such order for months. When the commission tells Berger what the CIA has said, he assures them that there is an explicit document, a memorandum of notification concerning Afghanistan, that gives the CIA the authority to kill bin Laden, not just capture him. It is unclear why CIA managers repeatedly told the commission there was no such order (see Before January 14, 2004). [Shenon, 2008, pp. 253-254]

Entity Tags: 9/11 Commission, Sandy Berger

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

Satellite imagery of Bin Laden’s Abbottabad compound in 2004 and 2011.Satellite imagery of Bin Laden’s Abbottabad compound in 2004 and 2011. [Source: U.S. Defense Department]Osama bin Laden’s trusted courier Ibrahim Saeed Ahmed moves to Abbottabad, Pakistan, and buys up land there that will be used for a hideout for bin Laden. Ahmed, who is using a variety of aliases, moves to the town with his brother Abrar, who is also assisting bin Laden. A Pakistani government official will later say that a plot of land in Abbottabad is bought by a man named Mohammad Arshad on January 22, 2004. A forged national identity card and incorrect address is used. In fact, “Mohammad Arshad” is one of the aliases used by Ahmed. That, along with the related name “Arshad Khan,” is the name Abbottabad neighbors will know him by in future years. [Dawn (Karachi), 5/7/2011] Property records obtained by the Associated Press show that “Arshad” buys two more plots of land in November 2004. The seller will later say that he does not meet Arshad in person, but deals with him through a middle man. A doctor sells another plot of land to “Arshad” in 2005. This doctor will later say that he does meet “Arshad” in person during the transaction. The plots are combined so a walled compound can be built that is much larger than other homes in the neighborhood. The doctor will occasionally see “Arshad” after that, and at one point the doctor will be cryptically told by him that the land he sold is now very valuable. [Associated Press, 5/4/2011] Locals will later say that construction on the compound begins in 2005. By late 2005 or the start of 2006, the construction is done and bin Laden will move into the compound with some of his family (see Late 2005-Early 2006). The courier Ahmed (who uses the named “Arshad”), his brother, and their families will live there too. [New York Times, 5/3/2011; Associated Press, 5/4/2011] In March 2011, a US strike force will assault the compound and kill bin Laden (see May 2, 2011).

Entity Tags: Ibrahim Saeed Ahmed, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Former CIA Director George Tenet privately testifies before the 9/11 Commission. He provides a detailed account of an urgent al-Qaeda warning he gave to the White House on July 10, 2001 (see July 10, 2001). According to three former senior intelligence officials, Tenet displays the slides from the PowerPoint presentation he gave the White House and even offers to testify about it in public. According to the three former officials, the hearing is attended by commissioner Richard Ben-Veniste, the commission’s executive director Philip Zelikow, and some staff members. When Tenet testifies before the 9/11 Commission in public later in the year, he will not mention this meeting. The 9/11 Commission will neglect to include Tenet’s warning to the White House in its July 2004 final report. [McClatchy Newspapers, 10/2/2006] Portions of a transcript of Tenet’s private testimony will be leaked to reporters in 2006. According to the transcript, Tenet’s testimony included a detailed summary of the briefing he had with CIA counterterrorism chief Cofer Black on July 10 (see July 10, 2001). The transcript also reveals that he told the commission that Black’s briefing had prompted him to request an urgent meeting with Rice about it. This closely matches the account in Woodward’s 2006 book that first widely publicized the July meeting (see September 29, 2006). [Washington Post, 10/3/2006] Shortly after Woodward’s book is published, the 9/11 Commission staff will deny knowing that the July meeting took place. Zelikow and Ben-Veniste, who attended Tenet’s testimony, will say they are unable to find any reference to it in their files. But after the transcript is leaked, Ben-Veniste will suddenly remember details of the testimony (see September 30-October 3, 2006) and will say that Tenet did not indicate that he left his meeting with Rice with the impression he had been ignored, as Tenet has alleged. [New York Times, 10/2/2006] Woodward’s book will describe why Black, who also privately testified before the 9/11 Commission, felt the commission did not mention the July meeting in their final report: “Though the investigators had access to all the paperwork about the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about. It was what happened in investigations. There were questions they wanted to ask, and questions they didn’t want to ask.” [Woodward, 2006, pp. 78]

Entity Tags: Richard Ben-Veniste, Philip Zelikow, White House, Cofer Black, Central Intelligence Agency, Condoleezza Rice, 9/11 Commission, Al-Qaeda, George J. Tenet

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The 9/11 Commission’s cursory review of NSA material related to the attacks and al-Qaeda in general does not find any reports about NSA intercepts of communications between the hijackers in the US and an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). Neither does it find any reports about calls intercepted by the NSA between alleged 9/11 mastermind Khalid Shaikh Mohammed and lead hijacker Mohamed Atta (see Summer 2001 and September 10, 2001). Author Philip Shenon will write about the commission’s review of the NSA files in a 2008 book and will discuss what Commission staffers found there, but will not mention these intercepts, some of which were mentioned in declassified portions of the 9/11 Congressional Inquiry (see Summer 2002-Summer 2004). The review is only conducted by a few staffers (see January 2004, June 2004, and Between July 1 and July 17, 2004) and is not comprehensive, so it is unclear whether the NSA does not provide the reports to the 9/11 Commission, or the commission simply fails to find them in the large number of files the NSA made available to it. However, the staffers do find material possibly linking some of the hijackers to Iran and Hezbollah (see January-June 2004). [Shenon, 2008, pp. 87-8, 155-7, 370-3] In its final report, the commission will make passing references to some of the calls the NSA intercepted without pointing out that the NSA actually intercepted them. [9/11 Commission, 7/24/2004, pp. 87-88, 222] However, the endnotes that indicate the sources of these sections will not contain any references to NSA reports, but instead refer to an interview with NSA Director Michael Hayden and an FBI timeline of the hijackers’ activities. [9/11 Commission, 7/24/2004, pp. 477, 518]

Entity Tags: National Security Agency, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

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

Timeline Tags: Torture of US Captives

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

Two FBI agents, Doug Miller and Mark Rossini, falsely claim they have no memory of the blocking of a key cable about 9/11 hijacker Khalid Almihdhar in an interview with the Justice Department’s office of inspector general. Miller drafted the cable, which was to inform the FBI that Almihdhar had a US visa, while he and Rossini were on loan to Alec Station, the CIA’s bin Laden unit. However, it was blocked by the unit’s deputy chief, Tom Wilshire, and another CIA officer known only as “Michael” (see 9:30 a.m. - 4:00 p.m. January 5, 2000). Miller and Rossini remember the events, but falsely tell the Justice Department inspector general they cannot recall them.
Pressure Not to Disclose Information - Sources close to the inspector general’s probe will say, “There was pressure on people not to disclose what really happened.” Rossini, in particular, is said to feel threatened that the CIA would have him prosecuted for violating the Intelligence Identities Protection Act if he said what really happened inside Alec Station. They are questioned at the same time, and together with a CIA officer who will be described as “sympathetic,” although it is unclear why. CIA officials are also in the room during the questioning, although it is unclear why this is allowed. When they are shown contemporary documents, according to the Congressional Quarterly, “the FBI agents suddenly couldn’t remember details about who said what, or who reported what, to whom, about the presence of two al-Qaeda agents in the US prior to the 9/11 attacks.” The inspector general investigators are suspicious. [Congressional Quarterly, 10/1/2008]
'They Asserted that They Recalled Nothing' - Nevertheless, neither Rossini nor Miller are severely criticized by the inspector general’s final report. It simply notes: “When we interviewed all of the individuals involved about the [cable] they asserted that they recalled nothing about it. [Miller] told the [inspector general] that he did not recall being aware of the information about Almihdhar, did not recall drafting the [cable], did not recall whether he drafted the [cable] on his own initiative or at the direction of his supervisor, and did not recall any discussions about the reasons for delaying completion and dissemination of the [cable]. [Rossini] said he did not recall reviewing any of the cable traffic or any information regarding Alhazmi and Almihdhar. Eric [a senior FBI agent on loan to Alec Station] told the [inspector general] that he did not recall the [cable].” [US Department of Justice, 11/2004, pp. 241, 355-357 pdf file]
Later Admit What Really Happened - At some point, Miller and Rossini tell an internal FBI investigation what really happened, including Wilshire’s order to withhold the information from the FBI. However, very little is known about this probe (see After September 11, 2001). [Congressional Quarterly, 10/1/2008] Rossini will be interviewed for a 2006 book by Lawrence Wright and will recall some of the circumstances of the blocking of the cable, including that a CIA officer told Miller, “This is not a matter for the FBI.” [Wright, 2006, pp. 311, 423] Both Miller and Rossini will later talk to author James Bamford about the incident for a 2008 book. [Congressional Quarterly, 10/1/2008] The exact date of this interview of Miller and Rossini is unknown. However, an endnote to the 9/11 Commission Report will say that Miller is interviewed by the inspector general on February 12, 2004, so it may occur on this day. [9/11 Commission, 7/24/2004, pp. 502]

Entity Tags: Office of the Inspector General (DOJ), Mark Rossini, Federal Bureau of Investigation, Central Intelligence Agency, Tom Wilshire, Alec Station, Doug Miller, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Paul Butler, chief of staff for Defense Secretary Rumsfeld, claims in a briefing that the prisoners being held in Guantanamo are “very dangerous people” who include “senior al-Qaeda operatives and leaders and Taliban leaders.” However, the New York Times will later report that “several senior officials with detailed knowledge of the Guantanamo detainees described Mr. Butler’s portrait of the camp as a work of verbal embroidery, saying none of the detainees at the camp could possibly be called a leader or senior operative of al-Qaeda.” [New York Times, 6/21/2004] Probably the closest to an al-Qaeda leader being held is one of bin Laden’s former bodyguards who nonetheless will be released later in 2004 (see Late November 2001). There were media reports as far back as August 2002 that no al-Qaeda leaders were being held at Guantanamo (see August 18, 2002). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Paul Butler

Timeline Tags: Torture of US Captives

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

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

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

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

Entity Tags: Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Complete 911 Timeline

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

The trial of Oklahoma City bombing conspirator Terry Nichols (see May 13, 2003) begins in McAlester, Oklahoma, with the trial judge, Steven Taylor, ruling that the trial will not be delayed because of allegations that the prosecution withheld documents from the defense (see February 27, 2004). Nichols faces 161 counts of first-degree murder, and could receive the death penalty if convicted. Taylor warns prosecutors that any withholding of evidence by prosecutors or the Justice Department would void the case entirely, saying: “There will not be a mistrial. There will be a dismissal, period.” Taylor says, “It would be irresponsible for this court to shut down this trial today based on speculation and guesswork what the FBI can come up with.” The defense intends to argue that Nichols was just one small cog in a much larger conspiracy involving convicted bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) and an undetermined number of unnamed accomplices, perhaps American white supremacists or Middle Eastern radicals; defense lawyer Barbara Bergman tries and fails for a delay, telling Taylor: “Everywhere we turn we are being stymied by the federal government, your honor. It’s outrageous. Why is the federal government so afraid?” Taylor says he will allow the defense considerable leeway in questioning government witnesses: “Some call a trial a search for truth. If the FBI thinks it important to search for truth while we’re conducting this trial, then they should cooperate with the search for truth in this courtroom.” The jury has not yet been seated, and lawyers will not give their opening arguments for at least a week. Brian T. Hermanson is Nichols’s lead lawyer; Lou Keel leads the prosecution. [New York Times, 3/2/2004; New York Times, 3/9/2004]

Entity Tags: Steven W. Taylor, Barbara Bergman, Brian Hermanson, Lou Keel, Terry Lynn Nichols, Federal Bureau of Investigation, US Department of Justice

Timeline Tags: US Domestic Terrorism

March 5, 2004: Libby Lies to Grand Jury

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

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

Timeline Tags: Niger Uranium and Plame Outing

March 8, 2004: Court Denies Al-Marri Appeal

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

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

Timeline Tags: Torture of US Captives

Amer el-Azizi, a leading al-Qaeda operative, is thought to re-enter Spain to activate a cell that carries out train bombings in Madrid in 2004 (see 7:37-7:42 a.m., March 11, 2004), as he is seen by witnesses in Madrid after the attacks. [Los Angeles Times, 4/29/2004] A senior Spanish investigator will say in 2004, “There are people who have seen el-Azizi here in Spain after the attacks. It looks like he came back and may have directed the others. If he was here, his background would make it likely that he was the top guy. We have reliable witness accounts that he was here in significant places connected to the plot. The idea of el-Azizi as a leader has become more solid.” [Los Angeles Times, 4/14/2004] His fingerprints are found in a safe house first used by the bombers in 2002. A Spanish investigator will comment, “El-Azizi was the brains, he was the link between the [bombers and the rest of al-Qaeda.” [Irujo, 2005, pp. 218; Vidino, 2006, pp. 320-321] El-Azizi was arrested in Turkey in 2000 with several of the 2004 Madrid bombers, but they were released for an unspecified reason (see October 10, 2000). Spanish intelligence also frustrated his arrest after 9/11 (see Shortly After November 21, 2001).

Entity Tags: Amer el-Azizi

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

It was disclosed in 2003 that the NSA had intercepted several calls between hijackers Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi and an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001 and Summer 2002-Summer 2004). But in 2004, after revelations that the NSA has been wiretapping inside the US, some media begin to re-examine the circumstances of the hijackers’ calls from the US, as the Bush administration uses the example of these calls as a justification for the NSA’s domestic wiretapping program. [New York Times, 12/16/2005; Los Angeles Times, 12/21/2005; US President, 12/26/2005 pdf file] The calls are thought to be a key aspect of the alleged intelligence failures before 9/11. In late 1998, the FBI had started plotting intercepts of al-Qaeda calls to and from the communications hub on a map (see Late 1998-Early 2002). According to author Lawrence Wright, “[h]ad a line been drawn from the [communications hub] in Yemen to Alhazmi and Almihdhar’s San Diego apartment, al-Qaeda’s presence in America would have been glaringly obvious.” [Wright, 2006, pp. 343-344] In 2006, former NSA Director Michael Hayden will tell the Senate that if the NSA’s domestic wiretapping program had been active before 9/11, the NSA would have raised the alarm over the presence of hijackers Khalid Almihdhar and Nawaf Alhazmi in San Diego. [CNN, 5/19/2006] However, reports in the press suggest otherwise. For example, in one newspaper a senior intelligence official will say that it was not technically possible for the NSA, which had a budget of around $3.6 billion in 2000, to trace the calls. “Neither the contents of the calls nor the physics of the intercepts allowed us to determine that one end of the calls was in the United States,” says the official. [Bamford, 2002, pp. 482; US News and World Report, 3/15/2004] But another report flatly contradicts this. “NSA had the technical ability to pick up the actual phone number in the US that the switchboard was calling but didn’t deploy that equipment, fearing they would be accused of domestic spying.” [MSNBC, 7/21/2004] It is unclear why concerns about domestic spying allegations would prevent the NSA from passing the information on to the FBI. Almihdhar and Alhazmi were not US citizens, but foreign nationals who had entered the US illegally claiming to be tourists. In addition, there was a wealth of evidence connecting them to al-Qaeda (see Early 1999, January 5-8, 2000, and Early 2000-Summer 2001). In any event, the NSA did reportedly disseminate dispatches about some of these US calls (see Spring-Summer 2000). Some FBI officials will later profess not to know what went wrong and why they were not notified of the hijackers’ presence in the US by other agencies. A senior counterterrorism official will say: “I don’t know if they got half the conversation or none of it or hung up or whatever. All I can tell you is we didn’t get anything from it—we being the people at the FBI who could have done something about it. So were they sitting on it? I don’t know.” [Los Angeles Times, 12/21/2005] The US intelligence community, through the CIA, also had access to the phone company’s records for the Yemeni communications hub, which would have shown what numbers were being called in the US (see Late 1998-Early 2002).

Entity Tags: Michael Hayden, Khalid Almihdhar, Federal Bureau of Investigation, National Security Agency, Ahmed al-Hada, Bush administration (43), US intelligence, Salem Alhazmi, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

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

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

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: US Domestic Terrorism

March 24, 2004: Libby Lies to Grand Jury Again

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

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

Timeline Tags: Niger Uranium and Plame Outing

At a campaign appearance in New Hampshire, President Bush refers to the 9/11 attacks, saying, “Had I known that the enemy was going to use airplanes to strike America, to attack us, I would have used every resource, every asset, every power of this government to protect the American people.” He also suggests that his predecessor, Democrat Bill Clinton, was more to blame for the attacks than he was, as the 9/11 Commission is looking at “eight months of my administration and the eight years of the previous administration.” This speech comes one day after his former counterterrorism “tsar,” Richard Clarke, had given damaging high-profile testimony to the Commission (see March 24, 2004). Author Philip Shenon will comment that Bush “was apparently hoping that his audience would forget that the August 6 [Presidential Daily Brief item (see August 6, 2001)] had warned specifically that planes might be hijacked by al-Qaeda within the United States.” [Shenon, 2008, pp. 289]

Entity Tags: George W. Bush, Philip Shenon

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

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

Shehzad Tanweer (left) and Mohammad Sidique Khan (right) monitored at the Toddington Services gas station on February 2, 2004.Shehzad Tanweer (left) and Mohammad Sidique Khan (right) monitored at the Toddington Services gas station on February 2, 2004. [Source: Metropolitan Police]On March 29, 2004, 18 men suspected of involvement in an al-Qaeda linked fertilizer bomb plot are arrested in raids across Britain. Five of them, including head bomber Omar Khyam, will later be convicted and sentenced to life in prison for roles in the plot (see Early 2003-April 6, 2004). Dozens more have been monitored in recent months as part of Operation Crevice, the effort by the British intelligence agency MI5 to foil the plot. Of those not arrested, 15 are classified as “essential targets” deserving heavy surveillance. An additional 40 are classified as “desirables,” with a lower level of surveillance. Mohammad Sidique Khan and Shehzad Tanweer, future suicide bombers in the 7/7 London bombings, are both placed in the “desirables” group. Khan and Tanweer had been monitored repeatedly meeting and talking on the phone with head bomber Khyam. Khan was overheard saying incriminating things, like how he might hold up a British bank with a shotgun (see February 2-March 23, 2004). Incredibly, he was even recorded discussing how to build a bomb, his desire to leave Britain after the bomb went off, plans to wage jihad (holy war), and plans to attend al-Qaeda training camps in Pakistan (see May 13-14, 2006). But within weeks of the arrests of Khyam and the others, MI5 is distracted by another big surveillance operation focusing on Dhiren Barot, who is considered an important al-Qaeda leader living in Britain. As a result, the remaining Operation Crevice suspects are given lower priority and in fact Khan and Tanweer allegedly are not monitored at all. Additionally, even though MI5 knows the exact address where Khan lives, local police forces (which are not distracted by the Barot case) are not told that there are potential terrorism suspects who should be monitored. [London Times, 5/1/2007] Investigators will gather information about Khan’s car registration briefly in early 2005 and will learn his full name if they do not know it already, but it seems this will not lead to any more surveillance (see January 27-February 3, 2005). Apparently, Khan is also linked to Barot in some way, yet he is not arrested at the same time Barot and others are in August 2004, and he and the other 7/7 bombers still are not monitored after that (see August 3, 2004). As of 2007, only one of the 15 “essential targets” will be jailed for terrorism-related activity. [Associated Press, 4/30/2007]

Entity Tags: UK Security Service (MI5), Omar Khyam, Dhiren Barot, Mohammad Sidique Khan, Shehzad Tanweer

Timeline Tags: Complete 911 Timeline

Tom Wilshire, a CIA officer involved in the failed watchlisting of hijackers Khalid Almihdhar and Nawaf Alhazmi (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and May 15, 2001) and the failure to obtain a search warrant for Zacarias Moussaoui’s belongings (see August 24, 2001), is interviewed by the 9/11 Commission. He tells them that nobody in the US intelligence community looked at the bigger picture and no analytic work foresaw the lightning that could connect the thundercloud [i.e. increased reporting that an al-Qaeda attack was imminent] to the ground [i.e. the cases that turned out to be connected to 9/11 such as the search for Almihdhar and Alhazmi, Zacarias Moussaoui, and the Phoenix memo]. The 9/11 Commission will agree with this and write in its final report: “Yet no one working on these late leads in the summer of 2001 connected the case in his or her in-box to the threat reports agitating senior officials and being briefed to the President. Thus, these individual cases did not become national priorities.” [9/11 Commission, 7/24/2004, pp. 277] However, Wilshire was receiving such threat reporting. For example, he received a report that al-Qaeda was planning an Hiroshima-like attack (see Summer 2001). [Wright, 2006, pp. 340] Wilshire also repeatedly suggested that Khalid Almihdhar may well be involved in the next big attack by al-Qaeda (see July 5, 2001, July 13, 2001, and July 23, 2001). For example, on July 23, 2001 he wrote: “When the next big op is carried out by [bin Laden] hardcore cadre, [al-Qaeda commander] Khallad [bin Attash] will be at or near the top of the command food chain—and probably nowhere near either the attack site or Afghanistan. That makes people who are available and who have direct access to him of very high interest. Khalid Almihdhar should be very high interest anyway, given his connection to the [redacted].” [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 pdf file]

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, 9/11 Commission, Tom Wilshire

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Condoleezza Rice sworn in before the 9/11 Commission.Condoleezza Rice sworn in before the 9/11 Commission. [Source: Larry Downing/ Reuters]National Security Adviser Condoleezza Rice testifies before the 9/11 Commission under oath and with the threat of perjury. The Bush administration originally opposed her appearance, but relented after great public demand (see March 30, 2004). [Independent, 4/3/2004] The testimony is a huge media event and major television networks interrupt their programming to carry it live. First, the Commission’s Democratic Vice Chairman Lee Hamilton reads a statement trying to establish a tone of non-confrontation and saying that the Commission’s purpose is “not to put any witness on the spot,” but “to understand and to inform.”
Rice Reads Lengthy Statement - Knowing that she has a deal to appear only once and for a limited time, Rice begins by reading a statement much longer than those read by other witnesses testifying before the Commission, a move specifically approved by Hamilton and the Commission’s chairman Tom Kean. [Shenon, 2008, pp. 293, 295] In the statement she repeats her claim that “almost all of the reports [before 9/11] focused on al-Qaeda activities outside the United States.… The information that was specific enough to be actionable referred to terrorists operation overseas.” Moreover, she stresses that the “kind of analysis about the use of airplanes as weapons actually was never briefed to us.” But she concedes: “In fact there were some reports done in ‘98 and ‘99. I think I was—I was certainly not aware of them.” [Washington Post, 4/8/2004]
Heated Questioning from Democrats - The exchanges with the Republican commissioners are polite, but Rice’s interactions with the Democrats on the Commission become heated. According to author Philip Shenon, her strategy is to “try to run out the clock—talk and talk and talk, giving them no chance to ask follow-up questions before the 10 minutes that each of the commissioners had been allotted had run out.” [Shenon, 2008, pp. 295] During questioning several subjects are discussed:
bullet Why didn’t counterterrorism “tsar” Richard Clarke brief President Bush on al-Qaeda before September 11? Clarke says he had wished to do so, but Rice states, “Clarke never asked me to brief the president on counterterrorism.”
bullet What was the content of the briefing President Bush received on August 6, 2001 (see August 6, 2001)? While Rice repeatedly underlines that it was “a historical memo… not threat reporting,” commissioners Richard Ben-Veniste and Tim Roemer ask her why it cannot therefore be declassified. [Washington Post, 4/8/2004] Asked what the PDB item’s still-secret title is, Rice gives it as “Bin Laden Determined to Attack inside the United States,” leading to an audible gasp from the audience. [Shenon, 2008, pp. 298] Two days later, the White House will finally publish it, and it will be shown to contain more than just historical information.
bullet Did Rice tell Bush of the existence of al-Qaeda cells in the US before August 6, 2001? Rice says that she does not remember whether she “discussed it with the president.”
bullet Were warnings properly passed on? Rice points out: “The FBI issued at least three nationwide warnings to federal, state, and law enforcement agencies, and specifically stated that although the vast majority of the information indicated overseas targets, attacks against the homeland could not be ruled out. The FBI tasked all 56 of its US field offices to increase surveillance of known suspected terrorists and to reach out to known informants who might have information on terrorist activities.” But commissioner Jamie Gorelick remarks: “We have no record of that. The Washington field office international terrorism people say they never heard about the threat, they never heard about the warnings.” [Washington Post, 4/8/2004]
bullet Under questioning from Democratic commissioner Bob Kerrey, she admits that she worked with Philip Zelikow, the Commission’s executive director, during the Bush administration transition, and that they discussed terrorism issues.
bullet She claims that a plan Clarke presented to her to roll back al-Qaeda in January 2001 (see January 25, 2001) was not actually a plan, but merely “a set of ideas and a paper” that had not been implemented. [Shenon, 2008, pp. 299-300]
Central Issues Unresolved - Rice does not apologize to the families of the victims of the 9/11 attacks, as Clarke did weeks earlier. The Associated Press comments, “The blizzard of words in Condoleezza Rice’s testimony Thursday did not resolve central points about what the government knew, should have known, did, and should have done before the September 11 terrorist attacks.” [Associated Press, 4/8/2004]
Testimony an 'Ambitious Feat of Jujitsu' - The Washington Post calls her testimony “an ambitious feat of jujitsu: On one hand, she made a case that ‘for more than 20 years, the terrorist threat gathered, and America’s response across several administrations of both parties was insufficient.’ At the same time, she argued that there was nothing in particular the Bush administration itself could have done differently that would have prevented the attacks of September 11, 2001—that there was no absence of vigor in the White House’s response to al-Qaeda during its first 233 days in office. The first thesis is undeniably true; the second both contradictory and implausible.” [Washington Post, 4/9/2004]
'Cherry-Picking' Rice's Testimony - In 2009, Lawrence Wilkerson, who is chief of staff for Secretary of State Colin Powell in 2004, will recall: “John [Bellinger, the legal adviser to the National Security Council] and I had to work on the 9/11 Commission testimony of Condi. Condi was not gonna do it, not gonna do it, not gonna do it, and then all of a sudden she realized she better do it. That was an appalling enterprise. We would cherry-pick things to make it look like the president had been actually concerned about al-Qaeda. We cherry-picked things to make it look as if the vice president and others, Secretary Rumsfeld and all, had been. They didn’t give a sh_t about al-Qaeda. They had priorities. The priorities were lower taxes, ballistic missiles, and the defense thereof.” [Vanity Fair, 2/2009]

Entity Tags: Jamie Gorelick, Lee Hamilton, Lawrence Wilkerson, George W. Bush, John Bellinger, Federal Bureau of Investigation, Bob Kerrey, Bush administration (43), Tim Roemer, Condoleezza Rice, Thomas Kean, Richard Ben-Veniste, 9/11 Commission, Richard A. Clarke

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

President Bush talks about the Presidential Daily Briefing (PDB) he was given on August 6, 2001, entitled “Bin Laden Determined to Strike in US.” He claims, “There was nothing in this report to me that said, ‘Oh, by the way, we’ve got intelligence that says something is about to happen in America.‘… There was nothing in there that said, you know, ‘There is an imminent attack.’ That wasn’t what the report said. The report was kind of a history of Osama’s intentions.” [Associated Press, 4/12/2004] He adds, “[T]he PDB was no indication of a terrorist threat. There was not a time and place of an attack. It said Osama bin Laden had designs on America. Well, I knew that. What I wanted to know was, is there anything specifically going to take place in America that we needed to react to.… I was satisfied that some of the matters were being looked into. But that PDB said nothing about an attack on America. It talked about intentions, about somebody who hated America—well, we knew that.… Had I known there was going to be an attack on America, I would have moved mountains to stop the attack.” [US President, 4/19/2004] The complete text of the PDB was released the day before Bush’s comments and in fact the PDB does very clearly discuss an imminent attack on the US. For instance, it says that FBI information “indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York.” And it discusses a call to a US “embassy in the UAE in May [2001] saying that a group of bin Laden supporters was in the US planning attacks with explosives” (see August 6, 2001).

Entity Tags: George W. Bush

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

9/11 Commissioner Jamie Gorelick is attacked for her role in extending the ‘wall’.9/11 Commissioner Jamie Gorelick is attacked for her role in extending the ‘wall’. [Source: Associated Press / Charles Dharapak]Attorney General John Ashcroft’s testimony before the 9/11 Commission (see April 13, 2004) sparks a wave of attacks against 9/11 Commissioner Jamie Gorelick, who was Deputy Attorney General during the Clinton administration. In 1995 Gorelick played a leading role in extending the “wall,” a set of procedures that regulated the passage of information from FBI intelligence agents to FBI criminal agents and prosecutors (see March 4, 1995 and July 19, 1995). Ashcroft calls the wall “the single greatest structural cause for September 11.” The attacks include:
bullet On April 14 James Sensenbrenner, chairman of the House Judiciary Committee, calls on Gorelick to resign because of her “crippling conflict of interest.” He says “the public cannot help but ask legitimate questions about her motives” and argues that the commission will be “fatally damaged” if she continues. Other Republican congresspersons repeat this call;
bullet On April 16 House Majority Leader Tom Delay writes to Commission Chairman Tom Kean saying Gorelick has a conflict of interest and accusing the commission of “partisan mudslinging, circus-atmosphere pyrotechnics, and gotcha-style questioning,” as well as undermining the war effort and endangering the troops;
bullet Criticism of Gorelick also appears in several media publications, including the New York Times, New York Post, National Review, Washington Times, and Wall Street Journal. For example, an op-ed piece published in the New York Times by former terrorism commissioners Juliette Kayyem and Wayne Downing says the commissioners are talking too much and should “shut up.” [National Review, 4/13/2004; National Review, 4/19/2004; Kean and Hamilton, 2006, pp. 200-203]
bullet On April 22 Senator Christopher Boyd and ten other Republican senators write to the commission calling on Gorelick to testify in public;
bullet On April 26 Congressman Lamar Smith and 74 other Republicans write to Gorelick demanding answers to five questions about her time as deputy attorney general;
bullet On April 28 the Justice Department declassifies other memos signed by Gorelick;
bullet In addition to hate mail, Gorelick receives a bomb threat, requiring a bomb disposal squad to search her home.
Commission Chairmen Tom Kean and Lee Hamilton will call this an “onslaught” and say her critics used the wall “as a tool to bludgeon Jamie Gorelick, implicate the Clinton administration, and undermine the credibility of the commission before we had even issued our report.” Gorelick offers to resign, but the other commissioners support her and she writes a piece for the Washington Post defending herself. [Washington Post, 4/18/2004; Kean and Hamilton, 2006, pp. 200-205] When the commission meets President Bush and Vice President Cheney at the end of the month (see April 29, 2004), Bush tells Kean and Hamilton he does not approve of memos being declassified and posted on the Justice Department’s website. At this point, the commissioners realize “the controversy over Jamie Gorelick’s service on the commission was largely behind us.” That afternoon, the White House publicly expresses the president’s disappointment over the memos and the effort to discredit Gorelick loses momentum. [Kean and Hamilton, 2006, pp. 208, 210]

Entity Tags: Lee Hamilton, Wayne Downing, Lamar Smith, Thomas Kean, Juliette Kayyem, Jamie Gorelick, James Sensenbrenner, Andrew McCarthy, John Ashcroft, Christopher Boyd, George W. Bush, Foreign Intelligence Surveillance Act, Tom DeLay

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

At a speech in Hershey, Pennsylvania, supporting the USA Patriot Act (see October 26, 2001), President Bush tells listeners that all US surveillance efforts are done with warrants from the Foreign Intelligence Surveillance Act (FISA) Court: “For years, law enforcement used so-called roving wire taps to investigate organized crime. You see, what that meant is if you got a wire tap by court order—and, by the way, everything you hear about requires court order, requires there to be permission from a FISA court, for example.… See, with court approval, we have long used roving wire taps to lock up monsters—mobsters. Now [with the Patriot Act in effect] we have a chance to lock up monsters, terrorist monsters.” [White House, 4/19/2004] The next day, Bush makes a similar claim during another pro-Patriot Act speech in Buffalo. He tells listeners: “[T]here are such things as roving wiretaps. Now, by the way, any time you hear the United States government talking about wiretap, it requires—a wiretap requires a court order. Nothing has changed, by the way. When we’re talking about chasing down terrorists, we’re talking about getting a court order before we do so. It’s important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution. But a roving wiretap means—it was primarily used for drug lords. A guy, a pretty intelligence drug lord would have a phone, and in old days they could just get a tap on that phone. So guess what he’d do? He’d get him another phone, particularly with the advent of the cell phones. And so he’d start changing cell phones, which made it hard for our DEA types to listen, to run down these guys polluting our streets. And that changed, the law changed on—roving wiretaps were available for chasing down drug lords. They weren’t available for chasing down terrorists, see? And that didn’t make any sense in the post-9/11 era. If we couldn’t use a tool that we’re using against mobsters on terrorists, something needed to happen. The Patriot Act changed that. So with court order, law enforcement officials can now use what’s called roving wiretaps, which will prevent a terrorist from switching cell phones in order to get a message out to one of his buddies.” [White House, 4/20/2004] Former AT&T senior technician Mark Klein (see July 7, 2009 and May 2004), who helped install the equipment used by the National Security Agency (NSA) and his firm to intercept foreign and domestic Internet communications (see January 16, 2004), will later say that Bush’s insistence that the administration gets court orders before wiretapping communications is false. AT&T, on behalf of the NSA, was monitoring “billions of messages a second,” Klein will write, all without court orders. [Klein, 2009, pp. 47-48] Klein will call Bush’s description of the surveillance program “disingenuous,” and continue: “They present it as about phone calls. They’re just watching a few bad people who make phone calls to al-Qaeda and the Middle East, and you notice they don’t talk about the Internet hardly at all. That part of it hasn’t been revealed, because if they did, Americans would realize it’s not just a few people; it’s everybody, because the data they’re handing over is not selected out. When you run fiber optics through a splitter and you send all that data to a secret room, there’s no selecting going on there at all.… They have no way of sifting it out unless they look through it later. Now they can claim, ‘Oh, we are right as rain; we’re only doing the legal thing and selecting out a few people that we’re legally entitled to,’ but that’s only after they get all the data. The analogy I use: If the government claims: ‘Well, when you do your taxes, why don’t you just write me a blank check and we’ll fill in the amount? Don’t worry. We’ll do it legal. We’ll fill in the right amount,’ would you do that? Nobody would trust the government by writing a blank check to them. It’s the same thing with the data we’re giving them.… [T]he Fourth Amendment specifically bans general warrants. It calls for specific warrants in which the things to be seized and the persons to be seized are specifically named. There’s a reason for that. It’s to protect against arbitrary government power. And what they’ve done is to trample over the Fourth Amendment by basically instituting a general warrant on the Internet.” [PBS Frontline, 5/15/2007]

Entity Tags: Foreign Intelligence Surveillance Court, Mark Klein, National Security Agency, George W. Bush

Timeline Tags: Civil Liberties

Conservative radio host Rush Limbaugh informs his listeners of a Harris poll showing a majority of those surveyed believe that Saddam Hussein had weapons of mass destruction when the war began over a year before (see March 19, 2003). Limbaugh blames the misconception on the “liberal media,” not on the government officials and conservative pundits, including Limbaugh, who pushed the idea of Iraqi WMD on the public before the invasion (see July 30, 2001, Mid-September, 2001, Mid-September-October 2001, October 17, 2001, November 14, 2001, December 20, 2001, 2002, February 11, 2002, Summer 2002, July 30, 2002, August 26, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 12, 2002, September 12, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 19, 2002, January 2003, January 9, 2003, February 5, 2003, February 17, 2003, March 16-19, 2003, March 23, 2003, May 21, 2003, May 29, 2003, and June 11, 2003), and uses the incident to warn his listeners about getting their news from the “liberal media.” [Jamieson and Cappella, 2008, pp. 151]

Entity Tags: Rush Limbaugh, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: US Domestic Terrorism

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

Entity Tags: Central Intelligence Agency, George J. Tenet

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Senior AT&T technician Mark Klein (see July 7, 2009) accepts a buyout package from his firm and retires. Klein, disheartened by the illegal AT&T/NSA wiretapping operation he has documented (see January 16, 2004), decides to keep the documents he has collected over the years (see Fall 2003 and Late 2003), the “hard proof” of the operation, he will later write, “in case there was some change in the political winds that would enable me to come forward and expose… the crimes which I knew were being committed.” [Klein, 2009, pp. 44]

Entity Tags: Mark Klein, AT&T

Timeline Tags: Civil Liberties

Top: training camp surveillance photo of Hussain Osman, one of the ‘copycat’ bombers. Bottom: training camp attendee practicing with a stick for a rifle.Top: training camp surveillance photo of Hussain Osman, one of the ‘copycat’ bombers. Bottom: training camp attendee practicing with a stick for a rifle. [Source: Metropolitan Police, Telegraph]On May 2, 2004, an off-duty British policeman named Paul Burke accidentally discovers a militant training camp in the Lake District region of Britain while jogging through the countryside. He sees a man shouting orders to a group of about 20 men as they line up and put backpacks on. The man leading the group is an Islamic preacher named Mohammed Hamid. A surveillance team is brought in and the training is observed and videotaped. Burke sees a similar group of men training at the same spot on May 29, and a surveillance team monitors several more days of weekend training. Muktar Ibrahim, Yassin Omar, Ramzi Mohammed, and Hussain Osman—the four men who will later go on to stage the failed 21/7 London bombings (see July 21, 2005), the attempt to copycat the 7/7 London bombings (see July 7, 2005)—are among the trainees who are monitored. They are seen conducting military type maneuvers, including training with mock rifles. MI5 records another weekend of training at the same spot in August. Muktar Ibrahim, the lead 21/7 bomber, is again monitored there. Atilla Ahmet, an imam who took over from Abu Hamza al-Masri as leader of the Finsbury Park mosque after Abu Hamza was jailed for incitement to murder, also sometimes attends the training camp. All four of the 21/7 bombers attend the Finsbury Park mosque, and two of them are photographed there—Ramzi Mohammed in January 2004 and Ibrahim in August 2004. All four are also photographed with Ahmet at some point. Hamid and Ahmet hold meetings together every Friday at Hamid’s house where they encourage new recruits to attend weekend training camps in the New Forest, the Lake District, or Scotland, and paintballing sessions in Berkshire and Kent. Head trainer Hamid and head 21/7 bomber Ibrahim are close to each other and jointly operate a stall selling Islamic literature in Oxford Street in London. In October 2004, both of them are arrested following a disturbance at their stall. Ibrahim is caught after trying to run from police. Hamid resists arrest and reportedly tells police, “I’ve got a bomb and I’m going to blow you all up.” At the police station, Hamid only identifies himself as “Osama bin London,” but a fingerprint check reveals his real name and an extensive criminal record for theft and burglary. However, Ibrahim and Hamid are merely charged and then released. Ibrahim will be stopped in December at a London airport while attempting to fly to Pakistan, and he will be recognized from the training camp surveillance photos, but he will be allowed to take his flight anyway (see December 2004). He will fail to turn up for his court hearing because he is in Pakistan, where he will study bomb making at a training camp. Authorities will not come in contact with him again until after the 21/7 bombings. Hamid will remain free after the 7/7 and 21/7 bombings and will brazenly continue leading the occasional weekend training camps. A bug will finally be placed in his house in September 2005. An undercover agent will pose as a new recruit and attend the training camp in 2006. Hamid will finally be arrested later that year. Hamid, Ahmet, and a number of their associates will be convicted of criminal activity relating to the training camp in 2008. The Telegraph will later comment, “Mohammed Hamid groomed the would-be [21/7] suicide bombers under the noses of watching police [and] security services.” [Daily Telegraph, 10/17/2007; Daily Telegraph, 2/27/2008; Daily Telegraph, 2/27/2008; Guardian, 3/8/2008]

Entity Tags: UK Security Service (MI5), Ramzi Mohammed, Yassin Omar, Paul Burke, Muktar Ibrahim, Mohammed Hamid, Atilla Ahmet, Abu Hamza al-Masri, Hussain Osman

Timeline Tags: Complete 911 Timeline

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 grave of James Byrd Jr., an African-American brutally murdered by white supremacists in 1998 (see June 7, 1998 and After), is desecrated. Vandals carve racial slurs into Byrd’s headstone and kick it over. This is the second time Byrd’s grave has been desecrated; shortly after his burial in his hometown of Jasper, Texas, vandals stole a metal nameplate from the grave. Two white teenagers from the nearby town of Call will be arrested for the desecration. Joshua Lee Talley, 19, and John Matthew Fowler, 18, will be charged with criminal mischief. [New York Times, 5/8/2004; New York Times, 5/12/2004]

Entity Tags: Joshua Lee Talley, John Matthew Fowler, James Byrd, Jr

Timeline Tags: US Domestic Terrorism

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

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

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

Timeline Tags: Torture of US Captives

The 9/11 Commission’s staff team that is investigating the emergency response on 9/11 comes to the conclusion that New York City was, in author Philip Shenon’s words, “shockingly ill-prepared for the attacks.” It is clear to the investigators that former Mayor Rudy Giuliani was largely responsible for what went wrong.
Two Major Problems - One problem was that New York’s emergency command center, based on the 23rd floor of World Trade Center 7, was knocked out early in the attacks, leaving the emergency response without a focal point, and the police and fire departments set up separate command posts (see (9:05 a.m.) September 11, 2001, (9:50 a.m.-10:10 a.m.) September 11, 2001, and (After 10:28 a.m.-12:00 pm.) September 11, 2001). The command center, sometimes referred to as “Rudy’s bunker,” was criticized when it was built precisely because this problem was foreseen (see June 8, 1999). In addition, the radios used by firefighters in the World Trade Center failed to work on 9/11. The same problem was encountered during the response to the 1993 WTC bombing (see February 26, 1993), but the solution that was implemented—a repeater to boost the radios’ signal—did not work on the day of the attacks. This problem was especially grave, as many firefighters were instructed to flee the about-to-collapse towers, but did not hear the instruction due to the poor radio system and died as a result (see (Between 9:59 a.m. and 10:28 a.m.) September 11, 2001).
Tempering Criticism - However, the team, led by former New Jersey attorney general John Farmer, is aware that Giuliani’s image as a global hero after the attacks could complicate matters. Shenon will describe their thinking: “But would the Commission be willing to take on the most popular political figure in the country—the president-in-waiting, it seemed?… [Giuliani] was a hero, the embodiment of everything Americans wanted to believe about themselves about 9/11.” Therefore, “Farmer and his team always qualif[y] their criticism of the former mayor.” Nevertheless, the Commission’s two staff statements issued during the hearings about this topic in New York will be extremely critical of Giuliani. [Shenon, 2008, pp. 347-350]

Entity Tags: John Farmer, 9/11 Commission, Rudolph (“Rudy”) Giuliani

Timeline Tags: Complete 911 Timeline

The 9/11 commissioners meet with John Farmer, head of the Commission’s team investigating the emergency response on 9/11, to discuss their strategy for hearings in New York on the next two days, when former New York City Mayor Rudy Giuliani’s performance before the attacks will be discussed. Farmer and his team have worked up a list of pages and pages of questions (see Before May 17, 2004) about why Guiliani built his emergency response center next to a top terrorist target, about city radios that failed to work on 9/11, miscommunication between the police and the fire departments, and 911 telephone operators who told people trapped in the Word Trade Center to remain where they were, instead of trying to escape. However, Farmer is aware that tough questioning could be fraught with danger, given Giuliani’s hero status after the attacks. According to author Philip Shenon, he tells the commissioners that “they need[…] to be careful; they need[…] to remember where they [are],” because “[New York]‘s not Washington. It’s different here.” Shenon will add: “Farmer told the commissioner[s] that they should ask tough questions, but they should be careful not to give a platform to Giuliani and his loyalists to counterattack; John Ashcroft’s campaign against [commissioner] Jamie Gorelick (see April 13-April 29, 2004) would look like a ‘garden party’ by comparison. The city’s take-no-prisoners tabloid newspapers were Giuliani’s defenders, and they could be expected to weigh in to defend him if the Commission’s questioning of the former mayor became too fierce.” [Shenon, 2008, pp. 350-351]

Entity Tags: 9/11 Commission, John Farmer

Timeline Tags: Complete 911 Timeline

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

Attorney General John Ashcroft again invokes the “state secrets” privilege (see March 9, 1953), forbidding former FBI translator Sibel Edmonds from testifying in a case brought by hundreds of families of September 11 victims (see October 18, 2002). [New York Times, 5/20/2004] Four weeks earlier, on April 26, the Justice Department had obtained a temporary court order preventing her from testifying before the court. [Independent, 4/2/2004; Government Executive, 4/30/2004] The families, represented by the law firm Motley-Rice, allege that a number of banks and two members of the Saudi royal family provided financial support to al-Qaeda. [New York Times, 5/20/2004] Ashcroft’s order retroactively classifies information it provided Senators Chuck Grassley and Patrick Leahy (see June 17, 2002) concerning former FBI translator Sibel Edmonds and her allegations. Among the documents to be “reclassified” are the follow-up letters sent by Grassley and Leahy to the FBI which they posted on their website. Their staff members are prohibited from discussing the information, even though it is now public knowledge. The order bars Edmonds from answering even simple questions like, “When and where were you born?” “What languages do you speak?” and “Where did you go to school?” [New York Times, 5/20/2004; Boston Globe, 7/5/2004; Asia Times, 8/6/2004; Vanity Fair, 9/2005] In response to the announcement, Grassley says: “I think it’s ludicrous, because I understand that almost all of this information is in the public domain and has been very widely available. This classification is very serious, because it seems like the FBI would be attempting to put a gag order on Congress.” [New Republic, 6/7/2004]

Entity Tags: US Department of Justice, Sibel Edmonds, Charles Grassley, Patrick J. Leahy

Timeline Tags: Complete 911 Timeline, Civil Liberties

CBS graphic illustrating interview with General Anthony Zinni.CBS graphic illustrating interview with General Anthony Zinni. [Source: CBS News]Retired Marine General Anthony Zinni was the chief of the US Central Command until 2000, and, until just before the invasion of Iraq, the Bush administration’s special envoy to the Middle East. Now he has become an outspoken critic of the administration’s war efforts in Iraq. Zinni gives an interview to CBS’s 60 Minutes, in part to promote his new biography, Battle Ready, co-authored by famed war novelist Tom Clancy.
'Dereliction of Duty' among Senior Pentagon Officials - Zinni says that senior officials at the Pentagon, from Defense Secretary Donald Rumsfeld on down, are guilty of what he calls dereliction of duty, and he believes it is time for “heads to roll.” Zinni tells correspondent Steve Kroft: “There has been poor strategic thinking in this. There has been poor operational planning and execution on the ground. And to think that we are going to ‘stay the course,’ the course is headed over Niagara Falls. I think it’s time to change course a little bit, or at least hold somebody responsible for putting you on this course. Because it’s been a failure.” In his book, Zinni writes: “In the lead up to the Iraq war and its later conduct, I saw at a minimum, true dereliction, negligence, and irresponsibility, at worse, lying, incompetence, and corruption.… I think there was dereliction in insufficient forces being put on the ground and fully understanding the military dimensions of the plan. I think there was dereliction in lack of planning.”
'The Wrong War at the Wrong Time' - Zinni calls Iraq “the wrong war at the wrong time,” and with the wrong strategy. Before the invasion, Zinni told Congress (see October 31, 2002): “This is, in my view, the worst time to take this on. And I don’t feel it needs to be done now.” The generals never wanted this war, Zinni says, but the civilians in the Pentagon and the White House did. “I can’t speak for all generals, certainly,” he says. “But I know we felt that this situation was contained (see Summer 2002-2003). Saddam was effectively contained.… And I think most of the generals felt, let’s deal with this one at a time. Let’s deal with this threat from terrorism, from al-Qaeda.”
Much Larger Force Required - Zinni was heavily involved in planning for any invasion of Iraq, going back to at least 1999 (see April-July 1999). Zinni always envisioned any such invasion as being implemented with enough ground forces to get the job done quickly and cleanly. Rumsfeld had different ideas—the invasion could be carried off with fewer troops and more high-tech weaponry. Zinni wanted around 300,000 troops: “We were much in line with General Shinseki’s view. We were talking about, you know, 300,000, in that neighborhood.” Would a larger force have made a difference? Kroft asks. Zinni replies, “I think it’s critical in the aftermath, if you’re gonna go to resolve a conflict through the use of force, and then to rebuild the country.” Rumsfeld should have anticipated the level and ferocity of violence that erupted in the aftermath of the toppling of the Hussein government, but, Zinni says, he did not, and worse, he ignored or belittled those such as Shinseki and a number of foreign allies who warned him of the possible consequences. Instead, Zinni notes, Rumsfeld relied on, among other sources, fabricated intelligence from Ahmed Chalabi and his Iraqi National Congress (see September 19-20, 2001).
'Seat of the Pants Operation' - The entire reconstruction effort was, in Zinni’s mind, a seat-of-the-pants affair. “As best I could see, I saw a pickup team, very small, insufficient in the Pentagon with no detailed plans that walked onto the battlefield after the major fighting stopped and tried to work it out in the huddle,” he says, “in effect to create a seat-of-the-pants operation on reconstructing a country.” Coalition Provisional Authority head L. Paul Bremer is “a great American who’s serving his country, I think, with all the kind of sacrifice and spirit you could expect. But he has made mistake after mistake after mistake.” Bremer’s mistakes include “Disbanding the army (see May 23, 2003). De-Baathifying (see May 16, 2003), down to a level where we removed people that were competent and didn’t have blood on their hands that you needed in the aftermath of reconstruction—alienating certain elements of that society.” Zinni reserves most of the blame for the Pentagon: “I blame the civilian leadership of the Pentagon directly.”
Heads Should Roll, Beginning with Rumsfeld's - Zinni continues: “But regardless of whose responsibility I think it is, somebody has screwed up. And at this level and at this stage, it should be evident to everybody that they’ve screwed up. And whose heads are rolling on this? That’s what bothers me most.” The first one to go, Zinni says, is Rumsfeld: “Well, it starts with at the top. If you’re the secretary of defense and you’re responsible for that.”
Neoconservatives at Fault - Next up are Rumsfeld’s advisers, whom Kroft identifies as the cadre of neoconservatives “who saw the invasion of Iraq as a way to stabilize American interests in the region and strengthen the position of Israel.” Zinni says: “Certainly those in your ranks that foisted this strategy on us that is flawed. Certainly they ought to be gone and replaced.” Kroft identifies that group as including Deputy Defense Secretary Paul Wolfowitz; Undersecretary of Defense Douglas Feith; former Defense Policy Board member Richard Perle; National Security Council member Elliott Abrams; and Vice President Cheney’s chief of staff, Lewis “Scooter” Libby. Zinni calls them political ideologues who have hijacked US policy in Iraq: “I think it’s the worst-kept secret in Washington. That everybody—everybody I talk to in Washington has known and fully knows what their agenda was and what they were trying to do.” Like so many others who criticized them, Zinni recalls, he was targeted for personal counterattacks. After publishing one article, he says: “I was called anti-Semitic. I mean, you know, unbelievable that that’s the kind of personal attacks that are run when you criticize a strategy and those who propose it.”
Fundamental Conceptual Flaws - Zinni says the neoconservatives believed they could remake the Middle East through the use of American military might, beginning with Iraq. Instead, the US is viewed in the region as “the modern crusaders, as the modern colonial power in this part of the world.”
Changing Course - Zinni has a number of recommendations. He advises President Bush and his senior officials to reach out much more strongly to the United Nations, and to US allies, and secure the UN’s backing. Do these other countries “want a say in political reconstruction? Do they want a piece of the pie economically? If that’s the cost, fine. What they’re gonna pay for up front is boots on the ground and involvement in sharing the burden.” Many more troops are needed on the ground, and not just American troops, he says, enough to seal off the borders, protect the road networks.
Exit Strategy - Zinni says that planning for an exit is necessary because it is inevitable that the US will want to withdraw, and that time will come sooner rather than later. “There is a limit,” he says. “I think it’s important to understand what the limit is. Now do I think we are there yet?”
Speaking Out - He is speaking out, he says, because it is his duty to do so: “It is part of your duty. Look, there is one statement that bothers me more than anything else. And that’s the idea that when the troops are in combat, everybody has to shut up. Imagine if we put troops in combat with a faulty rifle, and that rifle was malfunctioning, and troops were dying as a result. I can’t think anyone would allow that to happen, that would not speak up. Well, what’s the difference between a faulty plan and strategy that’s getting just as many troops killed?” [CBS News, 5/21/2004]

Entity Tags: Iraqi National Congress, Douglas Feith, Donald Rumsfeld, CBS News, Bush administration (43), Anthony Zinni, Eric Shinseki, Ahmed Chalabi, Al-Qaeda, US Department of the Army, Steve Kroft, Paul Wolfowitz, Richard (“Dick”) Cheney, Richard Perle, Elliott Abrams, Tom Clancy, US Department of Defense, Lewis (“Scooter”) Libby, US Central Command, Joint Chiefs of Staff, L. Paul Bremer

Timeline Tags: Iraq under US Occupation

David Ottaway.David Ottaway. [Source: AAAS.org]According to the Oregon branch of the Islamic charitable organization the Al-Haramain Islamic Foundation, Washington Post reporter David Ottaway receives a classified document that is evidence of illegal surveillance by the National Security Agency. The document shows that the NSA illegally intercepted telephone conversations and e-mails between Al Haramain officials in Oregon and Washington, DC. The document, dated May 24, 2004 and marked “Top Secret,” is accidentally provided to Al Haramain by Treasury Department officials that same month; Al Haramain quickly turns the document over to Ottoway, who is researching Islamic groups and individuals labeled as terrorists by the US government and are attempting to prove their innocence. Instead of reporting on the document, Ottaway will return it to the FBI when that organization demands it back in November 2004. In February 2006, Al Haramain will sue the Bush administration for illegally spying on it (see February 28, 2006) as part of its warrantless wiretapping program (see After September 11, 2001 and December 15, 2005). The Treasury Department has been investigating the charitable organization for possible ties to terrorism, and designated the group as a terrorist organization. The FBI will approach the organization and then Ottaway himself, demanding that all copies of the document be returned and threatening them with prosecution if the contents are revealed. Ottaway will consult with Post editors and lawyers, who will conclude, according to Ottaway, “that it was not relevant to what I was working on at the time.” Post executive editor Leonard Downie, Jr., will defend the decision, saying, “At the time we had this document, it was before we had any knowledge of the eavesdropping program. Without that knowledge, the document provided no useful information. At the time, all we knew was that this document was not relevant to David’s reporting.” [Washington Post, 3/3/2006]

Entity Tags: US Department of the Treasury, Washington Post, Leonard Downie, Jr., Al Haramain Islamic Foundation (Oregon branch), Bush administration (43), National Security Agency, David Ottaway, Federal Bureau of Investigation

Timeline Tags: Civil Liberties, Domestic Propaganda

Vincent Cannistraro, the former head of the CIA’s counterterrorism office, says that no evidence has ever been found to support a tie between Iraq and the 9/11 attacks. Nor has any evidence shown that any connections exist between Iraq and the 1993 World Trade Center bombing (see February 26, 1993). Instead, those ties were postulated for purposes of political manipulation. Cannistraro says: “The policymakers already had conceits they had adopted without reference to current intelligence estimates. And those conceits were: Saddam was evil, a bad man, he had evil intentions, and they were greatly influenced by neoconservative beliefs that Saddam had been involved with the sponsorship of terrorism in the United States since as early as 1993, with the first World Trade Center bombing.… None of this is true, of course, but these were their conceits, and they continue in large measure to be the conceits of a lot of people like Jim Woolsey” (see February 2001). The intelligence and law enforcement communities have a different view: “The FBI did a pretty thorough investigation of the first World Trade Center bombing,” Cannistraro says, “and while it’s true that their policy was to treat terrorism as a law-enforcement problem, nevertheless, they understood how the first World Trade Center bombing was supported… and had linkages back to Osama bin Laden. He was of course, not indicted… because the FBI until recently believed that you prosecuted perpetrators, not the sponsors. In any event they knew there was no Saddam linkage. Laurie Mylroie promoted a lot of this (see Late July or Early August 2001), and people who came in [to the Bush administration], particularly in the Defense Department—[Paul] Wolfowitz and [Douglas] Feith (see June 2001)—were acolytes, promoting her book, The Study of Revenge (see October 2000), particularly in the Office of Special Plans (see September 2002), and the Secretary’s Policy Office (see Shortly After September 11, 2001). In any event, they already had their preconceived notions.… So the intelligence, and I can speak directly to the CIA part of it, the intelligence community’s assessments were never considered adequate.” [Middle East Policy Council, 6/2004]

Entity Tags: Vincent Cannistraro

Timeline Tags: Complete 911 Timeline

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

Al-Qaeda operative Musaad Aruchi is arrested in Karachi, Pakistan, by Pakistani paramilitary forces and the CIA. Aruchi is said to be a nephew of 9/11 mastermind Khalid Shaikh Mohammed and a cousin of 1993 WTC bomber Ramzi Yousef. (Another of his nephews, Ali Abdul Aziz Ali, was captured in Karachi the year before (see April 29, 2003). CIA telephone and Internet intercepts led investigators to the apartment building where Aruchi lived. Aruchi is in frequent contact with Muhammad Naeem Noor Khan, who is in touch with al-Qaeda operatives all over the world. Aruchi is flown out of the country in an unmarked CIA plane; there have been no reports on his whereabouts since and he will not be transferred to Guantanamo Bay with other high-ranking prisoners in 2006. Noor Khan is followed and then arrested a month later (see July 13, 2004). [Washington Post, 8/3/2004; Guardian, 8/8/2004]

Entity Tags: Musaad Aruchi, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

The 9/11 Commission releases a new report on how the 9/11 plot developed. Most of their information appears to come from interrogations of prisoners Khalid Shaikh Mohammed (KSM), the 9/11 mastermind, and Ramzi bin al-Shibh, a key member of the al-Qaeda Hamburg cell. In this account, the idea for the attacks appears to have originated with KSM. In mid-1996, he met bin Laden and al-Qaeda leader Mohammed Atef in Afghanistan. He presented several ideas for attacking the US, including a version of the 9/11 plot using ten planes (presumably an update of Operation Bojinka’s second phase plot (see February-Early May 1995)). Bin Laden does not commit himself. In 1999, bin Laden approves a scaled-back version of the idea, and provides four operatives to carry it out: Nawaf Alhazmi, Khalid Almihdhar, Khallad bin Attash, and Abu Bara al Taizi. Attash and al Taizi drop out when they fail to get US visas. Alhazmi and Almihdhar prove to be incompetent pilots, but the recruitment of Mohamed Atta and the others in the Hamburg al-Qaeda cell solves that problem. Bin Laden wants the attacks to take place between May and July 2001, but the attacks are ultimately delayed until September. [9/11 Commission, 6/16/2004] However, information such as these accounts resulting from prisoner interrogations is seriously doubted by some experts, because it appears they only began cooperating after being coerced or tortured. For instance, it is said that KSM was “waterboarded,” a technique in which his head is pushed under water until he nearly drowns. Information gained under such duress often is unreliable. Additionally, there is a serious risk that the prisoners might try to intentionally deceive. [New York Times, 6/17/2004] For instance, one CIA report of his interrogations is called, “Khalid Shaikh Mohammed’s Threat Reporting—Precious Truths, Surrounded by a Bodyguard of Lies.” [Los Angeles Times, 6/23/2004] The Commission itself expresses worry that KSM could be trying to exaggerate the role of bin Laden in the plot to boost bin Laden’s reputation in the Muslim world. [9/11 Commission, 6/16/2004] Most of what these prisoners have said is uncorroborated from other sources. [New York Times, 6/17/2004] In 2007, it will be alleged that as much as 90 percent of KSM’s interrogation could be inaccurate, and that he has recanted some of his confessions (see August 6, 2007).

Entity Tags: Osama bin Laden, 9/11 Commission, Ramzi bin al-Shibh, Khalid Shaikh Mohammed

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

After a search of Iraqi paramilitary records indicates a man named Hikmat Shakir Ahmad was a lieutenant colonel in Saddam Hussein’s Fedayeen, there is speculation that he is the same person as Ahmad Hikmat Shakir, an alleged Iraqi al-Qaeda operative who met one of the 9/11 hijackers during an al-Qaeda summit in Malaysia (see January 5-8, 2000), and was captured and inexplicably released after 9/11 (see September 17, 2001). The claim that the two men are the same person is used to bolster the theory that Saddam Hussein was in some way connected to 9/11, but turns out not to be true, as the two of them are found to be in different places at one time, in September 2001. [Knight Ridder, 6/12/2004; Washington Post, 6/22/2004; 9/11 Commission, 7/24/2004, pp. 502]

Entity Tags: Hikmat Shakir Ahmad, Ahmad Hikmat Shakir

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Vice President Cheney has called the prisoners being held by the US at Guantanamo Bay, Cuba, “the worst of a very bad lot” (see January 27, 2002) and other US officials have suggested that information from them has exposed terrorist cells and foiled attacks. But a lengthy New York Times investigation finds that US “government and military officials have repeatedly exaggerated both the danger the detainees posed and the intelligence they have provided.… In interviews, dozens of high-level military, intelligence and law-enforcement officials in the United States, Europe, and the Middle East said that contrary to the repeated assertions of senior administration officials, none of the detainees at the United States Naval Base at Guantanamo Bay ranked as leaders or senior operatives of al-Qaeda. They said only a relative handful—some put the number at about a dozen, others more than two dozen—were sworn al-Qaeda members or other militants able to elucidate the organization’s inner workings.” While some information from the prisoners has been useful to investigators, none of it has stopped any imminent attacks. Information from Guantanamo is considered “only a trickle” compared to what is being learned from prisoners held by the CIA in secret prisons elsewhere. Brig. Gen. Jay W. Hood, in charge of the task force running the prison, says, “The expectations, I think, may have been too high at the outset. There are those who expected a flow of intelligence that would help us break the most sophisticated terror organization in a matter of months. But that hasn’t happened.” Ironically, although few prisoners have been released, it appears about five have rejoined the Taliban and resumed attacks against US forces. Abdullah Laghmani, the chief of the National Security Directorate in Kandahar, Afghanistan, says, “There are lots of people who were innocent, and they are capturing them, just on anyone’s information. And then they are releasing guilty people.” [New York Times, 6/21/2004] Abdurahman Khadr, a CIA informant posing as a Guantanamo inmate for much of 2003 (see November 10, 2001-Early 2003 and Spring 2003), will later say about the prison: “There’s only, like, a 10 percent of the people that are really dangerous, that should be there. And the rest are people that, you know, don’t have anything to do with it, don’t even- you know, don’t even understand what they’re doing here.” [PBS Frontline, 4/22/2004] The Los Angeles Times reported back in August 2002 that no al-Qaeda leaders are being held at Guantanamo (see August 18, 2002). Some al-Qaeda leaders will be transferred into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Abdurahman Khadr, Abdullah Laghmani, Jay W. Hood

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Attempting to stem the flow of bad publicity and world-wide criticism surrounding the revelations of torture at Abu Ghraib prison in Baghdad and similar reports from Guantanamo Bay, Attorney General Alberto Gonzales and Pentagon general counsel William J. Haynes, accompanied by Pentagon lawyer Daniel Dell’Orto, give a lengthy press conference to discuss the US’s position on interrogation and torture. Gonzales and Haynes provide reporters with a thick folder of documents, being made public for the first time. Those documents include the so-called “Haynes Memo” (see November 27, 2002), and the list of 18 interrogation techniques approved for use against detainees (see December 2, 2002 and April 16, 2003). Gonzales and Haynes make carefully prepared points: the war against terrorism, and al-Qaeda in particular, is a different kind of war, they say. Terrorism targets civilians and is not limited to battlefield engagements, nor do terrorists observe the restrictions of the Geneva Conventions or any other international rules. The administration has always acted judiciously in its attempt to counter terrorism, even as it moved from a strictly law-enforcement paradigm to one that marshaled “all elements of national power.” Their arguments are as follows:
Always Within the Law - First, the Bush administration has always acted within reason, care, and deliberation, and has always followed the law. In February 2002, President Bush had determined that none of the detainees at Guantanamo should be covered under the Geneva Conventions (see February 7, 2002). That presidential order is included in the document packet. According to Gonzales and Haynes, that order merely reflected a clear-eyed reading of the actual provision of the conventions, and does not circumvent the law. Another document is the so-called “torture memo” written by the Justice Department’s Office of Legal Counsel (see August 1, 2002). Although such legal opinions carry great weight, and though the administration used the “torture memo” for months to guide actions by military and CIA interrogators, Gonzales says that the memo has nothing to do with the actions at Guantanamo. The memo was intended to do little more than explore “the limits of the legal landscape.” Gonzales says that the memo included “irrelevant and unnecessary” material, and was never given to Bush or distributed to soldiers in the field. The memo did not, Gonzales asserts, “reflect the policies that the administration ultimately adopted.” Unfortunately for their story, the facts are quite different. According to several people involved in the Geneva decision, it was never about following the letter of the law, but was designed to give legal cover to a prior decision to use harsh, coercive interrogation. Author and law professor Phillippe Sands will write, “it deliberately created a legal black hole into which the detainees were meant to fall.” Sands interviewed former Defense Department official Douglas Feith about the Geneva issue, and Feith proudly acknowledged that the entire point of the legal machinations was to strip away detainees’ rights under Geneva (see Early 2006).
Harsh Techniques Suggested from Below - Gonzales and Haynes move to the question of where, exactly, the new interrogation techniques came from. Their answer: the former military commander at Guantanamo, Michael E. Dunlavey. Haynes later describes Dunlavey to the Senate Judiciary Committee as “an aggressive major general.” None of the ideas originated in Washington, and anything signed off or approved by White House or Pentagon officials were merely responses to requests from the field. Those requests were prompted by a recalcitrant detainee at Guantanamo, Mohamed al-Khatani (see August 8, 2002-January 15, 2003), who had proven resistant to normal interrogation techniques. As the anniversary of the 9/11 attacks approached, and fears of a second attack mounted, Dell’Orto says that Guantanamo field commanders decided “that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” Thusly, a request was processed from Guantanamo through military channels, through Haynes, and ultimately to Defense Secretary Donald Rumsfeld, who approved 15 of the 18 requested techniques to be used against al-Khatani and, later, against other terror suspects (see September 25, 2002 and December 2, 2002). According to Gonzales, Haynes, and Dell’Orto, Haynes and Rumsfeld were just processing a request from military officers. Again, the evidence contradicts their story. The torture memo came as a result of intense pressure from the offices of Rumsfeld and Vice President Cheney. It was never some theoretical document or some exercise in hypothesizing, but, Sands will write, “played a crucial role in giving those at the top the confidence to put pressure on those at the bottom. And the practices employed at Guantanamo led to abuses at Abu Ghraib.” Gonzales and Haynes were, with Cheney chief of staff David Addington and Justice Department lawyers John Yoo and Jay Bybee (the authors of the torture memo), “a torture team of lawyers, freeing the administration from the constraints of all international rules prohibiting abuse,” in Sands’s words. Dunlavey was Rumsfeld’s personal choice to head the interrogations at Guantanamo; he liked the fact that Dunlavey was a “tyrant,” in the words of a former Judge Advocate General official, and had no problem with the decision to ignore the Geneva Conventions. Rumsfeld had Dunlavey ignore the chain of command and report directly to him, though Dunlavey reported most often to Feith. Additionally, the Yoo/Bybee torture memo was in response to the CIA’s desire to aggressively interrogate another terror suspect not held at Guantanamo, Abu Zubaida (see March 28, 2002). Sands will write, “Gonzales would later contend that this policy memo did ‘not reflect the policies the administration ultimately adopted,’ but in fact it gave carte blanche to all the interrogation techniques later recommended by Haynes and approved by Rumsfeld.” He also cites another Justice Department memo, requested by the CIA and never made public, that spells out the specific techniques in detail. No one at Guantanamo ever saw either of the memos. Sands concludes, “The lawyers in Washington were playing a double game. They wanted maximum pressure applied during interrogations, but didn’t want to be seen as the ones applying it—they wanted distance and deniability. They also wanted legal cover for themselves. A key question is whether Haynes and Rumsfeld had knowledge of the content of these memos before they approved the new interrogation techniques for al-Khatani. If they did, then the administration’s official narrative—that the pressure for new techniques, and the legal support for them, originated on the ground at Guantanamo, from the ‘aggressive major general’ and his staff lawyer—becomes difficult to sustain. More crucially, that knowledge is a link in the causal chain that connects the keyboards of Feith and Yoo to the interrogations of Guantanamo.”
Legal Justifications Also From Below - The legal justification for the new interrogation techniques also originated at Guantanamo, the three assert, and not by anyone in the White House and certainly not by anyone in the Justice Department. The document stack includes a legal analysis by the staff judge advocate at Guantanamo, Lieutenant Colonel Diane Beaver (see October 11, 2002), which gives legal justifications for all the interrogation techniques. The responsibility lies ultimately with Beaver, the three imply, and not with anyone higher up the chain. Again, the story is severely flawed. Beaver will give extensive interviews to Sands, and paint a very different picture (see Fall 2006). One Naval Criminal Investigative Service (NCIS) psychologist, Mike Gelles (see December 17-18, 2002), will dispute Gonzales’s contention that the techniques trickled up the chain from lower-level officials at Guantanamo such as Beaver. “That’s not accurate,” he will say. “This was not done by a bunch of people down in Gitmo—no way.” That view is supported by a visit to Guantanamo by several top-ranking administration lawyers, in which Guantanamo personnel are given the “green light” to conduct harsh interrogations of detainees (see September 25, 2002).
No Connection between Guantanamo, Abu Ghraib - Finally, the decisions regarding interrogations at Guantanamo have never had any impact on the interrogations at Abu Ghraib. Gonzales wants to “set the record straight” on that question. The administration has never authorized nor countenanced torture of any kind. The abuses at Abu Ghraib were unauthorized and had nothing to do with administration policies. Much evidence exists to counter this assertion (see December 17-18, 2002). In August 2003, the head of the Guantanamo facility, Major General Geoffrey Miller, visited Abu Ghraib in Baghdad, accompanied by, among others, Diane Beaver (see August 31, 2003-September 9, 2003). They were shocked at the near-lawlessness of the facility, and Miller recommended to Lieutenant General Ricardo Sanchez, the supreme US commander in Iraq, that many of the same techniques used at Guantanamo be used in Abu Ghraib. Sanchez soon authorized the use of those techniques (see September 14-17, 2003). The serious abuses reported at Abu Ghraib began a month later. Gelles worried, with justification, that the techniques approved for use against al-Khatani would spread to other US detention facilities. Gelles’s “migration theory” was controversial and dangerous, because if found to be accurate, it would tend to implicate those who authorized the Guantanamo interrogation techniques in the abuses at Abu Ghraib and elsewhere. “Torture memo” author John Yoo called the theory “an exercise in hyperbole and partisan smear.” But Gelles’s theory is supported, not only by the Abu Ghraib abuses, but by an August 2006 Pentagon report that will find that techniques from Guantanamo did indeed migrate into Abu Ghraib, and a report from an investigation by former defense secretary James Schlesinger (see August 24, 2004) that will find “augmented techniques for Guantanamo migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [White House, 7/22/2004; Vanity Fair, 5/2008]

It is reported that the Swiss government is investigate an unnamed Saudi businessman who is the former president of the Muwafaq Foundation, which is now defunct. Swiss investigators will say he is suspected of transferring tens of millions of dollars to “close al-Qaeda associates” from Swiss bank accounts. The Swiss will freeze $20 million of his bank accounts. This businessman denies any connection with terrorism (see September 19, 2005). [New York Times, 6/25/2004] The have been repeated allegations that Muwafaq funded radical militants in the Bosnian war (see 1991-1995) and had ties to bin Laden (see 1995-1998).

Entity Tags: Muwafaq Foundation, Al-Qaeda

Timeline Tags: Complete 911 Timeline

In the case of Jose Padilla v. Donald Rumsfeld (see June 9, 2002), the Supreme Court votes 5-4 in favor of the government, declining to rule on the basis of a technicality. The majority argues that Padilla’s petition was incorrectly filed in New York rather than in South Carolina, where he is currently held. While Padilla was held in New York in preparation for an appearance before a grand jury, Defense Secretary Rumsfeld designated him an enemy combatant. Padilla was thereupon transferred to military custody and sent to a naval brig in South Carolina to be detained indefinitely. His lawyer meanwhile, unaware of her client’s transfer, filed a habeas corpus petition in New York against Rumsfeld (see June 11, 2002). This was erroneous, says the majority, which rules that Padilla has to re-file his petition in South Carolina. Four dissenting judges condemn the “secret transfer” of Padilla. Justice John Paul Stevens, writing for the minority, declares, “At stake in this case is nothing less than the essence of a free society.” Stevens also condemns the use of “incommunicado detention for months on end” as a means “to extract information” and places it among the “tools of tyrants.” [Supreme Court opinion on writ of certiorari. Shafiq Rasul, et al. v. George W. Bush, et al., 6/28/2004] Therefore, in essence, the majority declines to rule on the merits of the case. [Savage, 2007, pp. 193]

Entity Tags: Jose Padilla, John Paul Stevens, Donald Rumsfeld

Timeline Tags: Torture of US Captives, Civil Liberties

Richard Butler, the increasingly decrepit and infirm leader of what remains of the Aryan Nations (see Late 2000 - 2001), is propped up by about 40 of his followers on a lawn chair with a Confederate flag in the back of a pickup truck; he is then driven through a parade in downtown Couer d’Alene, Idaho. Human rights activists shout slogans at him as he slumps in the chair. He is 86 years old and will die in his sleep two months later. [Southern Poverty Law Center, 2010]

Entity Tags: Aryan Nations, Richard Girnt Butler

Timeline Tags: US Domestic Terrorism

Author Clifford May, a former Republican National Committee staffer and a well-known television pundit, lambasts former ambassador Joseph Wilson’s new book, The Politics of Truth (see April 2004). May, who has written derisively about Wilson before (see September 29, 2003), opens by accusing Wilson of publishing a “quickie book sporting his dapper self on the cover” that contains little substance and is based largely on “a wet-kiss profile in Vanity Fair.” He derides Wilson’s lengthy experience as a diplomat (see July 31, 1990, August 1-2, 1990, August 6, 1990, August 8-9, 1990, September 20, 1990, and January 12, 1991) by calling him “the guy who makes sure the embassy plumbing is working and that the commissary is stocked with Oreos and other products the ambassador prefers.” Most notably, May comes to the conclusion that Wilson himself, and not the White House, outed his wife Valerie Plame Wilson as a CIA agent, a conclusion he says was reached by a “bipartisan Senate committee report.” May is referring to the recent report by the Senate Intelligence Committee (see July 9, 2004). He repeats many of the committee’s erroneous assertions, including the allegation that Wilson’s wife was responsible for the decision to send Wilson to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003). In regards to President Bush’s State of the Union assertion that Iraq had attempted to buy uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003), May writes, “We now know for certain that Wilson was wrong and that Bush’s statement was entirely accurate.” He goes on to assert that the forged documents used to support the Iraq-Niger uranium story were likely “planted in order to be discovered—as a ruse to discredit the story of a Niger-Iraq link, to persuade people there were no grounds for the charge. If that was the plan, it worked like a charm.” May even says that Wilson’s report bolstered the belief that the uranium story might be true. He repeats his earlier charges that Wilson is an incompetent partisan whom the CIA had no business sending to Niger in the first place. He never explains exactly how Wilson outed his own wife as a CIA agent, though he does assert, wrongly, that Plame Wilson was never an undercover agent (see Fall 1992 - 1996) and therefore no one broke the law in revealing her status as a CIA official. [National Review, 7/12/2004] In 2004, Wilson will write of May’s assertion that his wife’s CIA status “was supposedly widely known” throughout Washington, “[I]f what May wrote was accurate, it is a damning admission, because it could have been widely known only by virtue of leaks among his own crowd.” [Wilson, 2004, pp. 443-444]

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The 9/11 Commission interviews two CIA analysts who drafted an August 2001 Presidential Daily Briefing (PDB) item entitled “Bin Laden Determined to Strike in US” (see August 6, 2001). The interview is conducted mainly by commissioners Richard Ben-Veniste and Jim Thompson and follows an internal battle inside the Commission (see June 2004 and Early July 2004). Despite a claim by the Commission’s Executive Director Philip Zelikow that the analysts, known only as Barbara S and Dwayne D, were reluctant to answer questions, they are willing and eager to respond to Ben-Veniste.
PDB Item Not 'Historical' - According to author Philip Shenon, the analysts are “confused” and “appalled” by claims by National Security Adviser Condoleezza Rice and others at the White House that the PDB item only contained an “historical” overview of domestic terrorism threats. The analysts say that this was not its purpose and that it was supposed to remind President Bush that al-Qaeda remained a dire threat in August 2001 and that a domestic attack was certainly a possibility. For example, the item referred to “patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks.” Barbara S says, “That’s not historical,” and adds the threat of a domestic terror attack by al-Qaeda was thought “current and serious” at that time.
Ordered up 'In-House' - In addition, the analysts say that another claim made by the White House, that President Bush specifically ordered the PDB (see April 13, 2004), is false. They state that the PDB item was ordered “in-house” by the CIA in the hope that the White House would pay more attention to the threat. However, President Bush had asked his intelligence briefers about the possibility of a domestic attack by terrorists that summer (see July 5, 2001).
Zelikow Objects to Placement of Material in Final Report - Ben-Veniste insists that the material from the two analysts is placed prominently in the Commission’s final report, although Zelikow objects to this. After negotiations, the relevant paragraph will read as follows: “During the spring and summer of 2001, President Bush had on several occasions asked his briefers whether any of the threats pointed to the United States. Reflecting on these questions, the CIA decided to write a briefing article summarizing its understanding of this danger. Two CIA analysts involved in preparing this briefing article believed it represented an opportunity to communicate their view that the threat of a bin Laden attack in the United States remained both current and serious. The result was an article in the August 6 Presidential Daily Brief titled ‘Bin Laden Determined to Strike in US.’” [Shenon, 2008, pp. 377-379]

Entity Tags: Central Intelligence Agency, ’Barbara S’, 9/11 Commission, James Thompson, Richard Ben-Veniste, Philip Shenon, ’Dwayne D’

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

White House chief of staff Andy Card learns what the 9/11 Commission Report contains before it is published, as the various chapters are sent to the White House for classification review before the publication date. Card then hears back from the review teams. Despite fears about allegations made by former counterterrorism “tsar” Richard Clarke (see March 21, 2004) and a key Presidential Daily Brief item (see August 6, 2001), in the words of author Philip Shenon, Card can see “that the Commission’s final report posed no threat to [President] Bush’s re-election.” This is because the report does not “single out individuals for blame. Certainly not George Bush.” The allegations by Clarke, related in a “he-said, she-said” manner in the report, also do not damage National Security Adviser Condoleezza Rice. [Shenon, 2008, pp. 411]

Entity Tags: 9/11 Commission, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ahmed Khalfan Ghailani.Ahmed Khalfan Ghailani. [Source: FBI]Ahmed Khalfan Ghailani, a high-level al-Qaeda operative from Tanzania suspected of participating in the 1998 bombings of US embassies in East Africa, is captured in Gujrat, Pakistan, after a violent standoff with Pakistani police. [CNN, 8/3/2004] Ghailani’s arrest is publicly announced on July 29, four days later. The announcement by Pakistan’s Interior Minister Faisal Hayat is made in an unusual late-night press conference that takes place just hours before John Kerry accepts the Democratic nomination for president. [Salon, 8/17/2004] Pakistani authorities say the announcement of Ghailani’s arrest was delayed four days because of the need to confirm his identity before making the proclamation. [BBC, 7/30/2004] But former Pakistani official Husain Haqqani later claims the announcement was timed to upstage the Kerry speech. [Salon, 8/17/2004; United States Conference on International Religious Freedom, 6/30/2005] An article in the New Republic published earlier in the month reported that the Bush administration was asking Pakistan to make high-profile arrests of al-Qaeda suspects during the Democratic National Convention in order to redirect US media attention from the nomination of John Kerry (see July 8, 2004). [New Republic, 7/29/2004] John Judis, who co-wrote the article predicting such an arrest, says the day after the arrest is announced, “Well, the latest development pretty much confirms what we wrote in the article, which is that there was pressure for Pakistan to produce a high-value target during the last 10 days of July and to announce that arrest.” He also asks why is it “they announced [the arrest] at all? Because when you have somebody who’s been in hiding since 1998, they have an enormous amount of information and contacts. By announcing this guy’s arrest, what you do is you warn off everybody who’s been associated with him from the last five or six years. You tell them that they better get their act together or they are going to be found. So, there’s some, really a lot of questions of why they announced this thing when they did.… It may be in this case that we—that we, and the Pakistanis got somebody and prematurely announced this person’s arrest in order to have an electoral impact.” [Democracy Now!, 7/30/2004]

Entity Tags: John Judis, Faisal Hayat, John Ashcroft, John Kerry, Husein Haqqani, George W. Bush, Al-Qaeda, Ahmed Khalfan Ghailani

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 2004 Elections

A lawsuit, Doe v. Rumsfeld, is filed on behalf of an Army recruit who is being forcibly redeployed to Iraq after nine years of active duty under the Army’s “stop-loss” program (see November 2002). The plaintiff, a reservist in the California National Guard who uses the pseudonym “John Doe” in the lawsuit, claims that since he signed up for only one year of duty, the stop-loss deployment could force him “to return to Iraq for up to two years, and possible continued military service beyond that time.” [PBS, 9/17/2004] Doe is a married father of two and an eight-year Army veteran who served in combat during the 1991 Gulf War (see January 16, 1991 and After). Doe enlisted in the National Guard in May 2003 under the so-called “Try One” program, which allows active-duty veterans to sign up for a year before deciding to make a longer commitment. Doe renewed in February 2004, making his new expiration date May 2, 2005. In July 2004, Doe’s unit was deployed for a 545-day tour of duty, which extended Doe’s time in service by about a year. He says he was told that if he did not re-enlist voluntarily for the extra time, he would be retained under the Army’s stop-loss policy. [Oakland Tribune, 1/14/2006] In January 2006, Doe will lose the case on appeal (see January 14, 2006).

Entity Tags: Donald Rumsfeld, ’John Doe’, US Department of the Army, California National Guard

Timeline Tags: US Military, Iraq under US Occupation

Muhammad Naeem Noor Khan.Muhammad Naeem Noor Khan. [Source: BBC]The New York Times reveals the identity of al-Qaeda operative Muhammad Naeem Noor Khan. Bush administration officials allegedly revealed his name to the Times in an attempt to defend a controversial US terror alert issued the day before (see August 1, 2004). [Associated Press, 8/10/2004; Suskind, 2006, pp. 325-326] Officials from the Department of Homeland Security apparently gave out the name without revealing that Khan had already been turned and was helping to catch other al-Qaeda operatives. [Daily Times (Lahore), 8/8/2004] A few days later, National Security Adviser Condoleezza Rice confirms that US officials named Khan to the reporters “on background.” [Boston Globe, 8/10/2004] But some days after that, anonymous Pakistani government sources will claim that Khan’s name was initially leaked by Pakistani officials. [Salon, 8/17/2004] Middle East expert Juan Cole suggests both accounts have merit. In the hours after the August 1 terror alert that was based on information secured from Khan’s computer, reporters scramble to determine the source of the alert. One reporter learns of the Khan arrest from a CIA analyst, though the analyst refuses to give out any names. Cole believes that New York Times reporter David Rohde then acquires Khan’s name from his Pakistani sources and confirms it through US sources at the Department of Homeland Security. [Antiwar.com, 8/19/2004] Khan, an al-Qaeda computer expert, was arrested in Pakistan on July 13 and quickly began cooperating with investigators. He started sending e-mails to other operatives around the world and asked them to report back in. As they replied, investigators began tracing their locations. But Khan’s name is revealed before his computer contacts could be fully exploited. Many al-Qaeda members, including some suspected plotters planning strikes on US targets, escape arrest because of the outing. One Pakistani official says, “Let me say that this intelligence leak jeopardized our plan and some al-Qaeda suspects ran away.” [Associated Press, 8/10/2004; Suskind, 2006, pp. 325-326] Intelligence reports also indicate that the exposure of Khan makes al-Qaeda members more cautious in their electronic communications. Many cells abruptly move their hideouts, causing the US losing track of them. [Salon, 8/9/2004; Village Voice, 8/2/2005] Some are critical about the leak of Khan’s name:
bullet Tim Ripley, a security expert who writes for Jane’s Defense publications, says, “The whole thing smacks of either incompetence or worse. You have to ask: what are they doing compromising a deep mole within al-Qaeda, when it’s so difficult to get these guys in there in the first place? It goes against all the rules of counterespionage, counterterrorism, running agents, and so forth. It’s not exactly cloak and dagger undercover work if it’s on the front pages every time there’s a development, is it?”
bullet British Home Secretary David Blunkett is openly contemptuous of the White House’s management of the information. “In the United States there is often high-profile commentary followed, as in the current case, by detailed scrutiny, with the potential risk of ridicule. Is it really the job of a senior cabinet minister in charge of counter-terrorism to feed the media? To increase concern? Of course not. This is arrant nonsense.” [Salon, 8/9/2004]
bullet Other high-level British officials are “dismayed by the nakedly political use made of recent intelligence breakthroughs both in the US and in Pakistan.” They complain that they had to act precipitously in arresting low-level al-Qaeda figures connected to Khan instead of using those suspects to ferret out more senior al-Qaeda figures. These officials are “dismayed by the nakedly political use made of recent intelligence breakthroughs both in the US and in Pakistan.” [New York Observer, 8/11/2004]
bullet Senator Charles Schumer (D-NY) writes in a letter to Bush officials, “I respectfully request an explanation [about] who leaked this Mr. Khan’s name, for what reason it was leaked, and whether the British and Pakistani reports that this leak compromised future intelligence activity are accurate.” [Boston Globe, 8/10/2004]
bullet Senator George Allen (R-VA) says, “In this situation, in my view, they should have kept their mouth shut and just said, ‘We have information, trust us’.”
bullet [Inter Press Service, 8/10/2004]
bullet Middle East expert Juan Cole notes that the leak of Khan’s name forced the British to arrest 12 members of an al-Qaeda cell prematurely, allowing others to escape. “[T]his slip is a major screw-up that casts the gravest doubts on the competency of the administration to fight a war on terror. Either the motive was political calculation, or it was sheer stupidity. They don’t deserve to be in power either way.” [Daily Times (Lahore), 8/8/2004]
bullet Salon’s Dale Davis says, “[S]adly, the damage [the Bush administration’s] machinations have caused to the goal of defeating al-Qaeda will be measured in the loss of the young American servicemen and women who carry the burden of their failed policies.” [Salon, 8/13/2004]

Entity Tags: John Loftus, Juan Cole, New York Times, James Ridgeway, Pakistan Directorate for Inter-Services Intelligence, George W. Bush, Dale Davis, Douglas Jehl, George F. Allen, Tim Ripley, Al-Qaeda, David Rohde, David Blunkett, Muhammad Naeem Noor Khan

Timeline Tags: Complete 911 Timeline

Dhiren Barot.Dhiren Barot. [Source: London Metropolitan Police]Dhiren Barot, a Londoner of Indian descent who converted to Islam and fought in Afghanistan and Pakistan, is arrested along with about a dozen other al-Qaeda suspects by British authorities (see August 3, 2004). Barot, who uses a number of pseudonyms, including Abu Eissa al-Hindi, will be charged with several crimes surrounding his plans to launch attacks against British and US targets. Barot’s plans were discovered in a computer owned by al-Qaeda operative Muhammad Naeem Noor Khan, who was arrested in July 2004 and was helping US intelligence until his outing by US and Pakistani officials on August 2, 2004 (see August 2, 2004). Though Barot is not believed to be a high-level al-Qaeda operative, he has connections to some of al-Qaeda’s most notorious leaders, including bin Laden and 9/11 plotter Khalid Shaikh Mohammed (KSM), who, according to the 9/11 Commission, dispatched him to “case” targets in New York City in 2001. Under the alias Issa al-Britani, he is known to have been sent to Malaysia in late 1999 or very early 2000 by KSM to meet with Hambali, the head of the al-Qaeda affiliate Jemaah Islamiyah. According to the commission report, Barot may have given Hambali the names of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. Barot may have traveled to Malaysia with Khallad bin Attash. Bin Attash is believed to be one of the planners behind the October 2000 bombing of the USS Cole (see October 12, 2000). Barot’s trip to Malaysia came just days before the well-documented January 2000 al-Qaeda summit where early plans for the 9/11 bombings were hatched (see January 5-8, 2000), though US officials do not believe that Barot was present at that meeting. British authorities believe that Barot was part of an al-Qaeda plan to launch a mass terror attack using chemical and/or radioactive weapons. Barot and other suspects arrested were, according to Western officials, in contact with al-Qaeda operatives in Pakistan, who themselves were communicating with bin Laden and other top al-Qaeda leaders as recently as July 2004. [MSNBC, 8/20/2004] Barot’s plans seem to have focused more actively on British targets, including London’s subway system. In November 2006, Barot will be convicted of conspiracy to commit murder and other crimes, and eventually sentenced to thirty years in prison by a British court. [BBC, 11/7/2006; BBC, 5/16/2007]

Entity Tags: Khallad bin Attash, USS Cole, Nawaf Alhazmi, Hambali, Dhiren Barot, Al-Qaeda, Osama bin Laden, Khalid Almihdhar, Jemaah Islamiyah, Khalid Shaikh Mohammed, Muhammad Naeem Noor Khan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Nuclear Regulatory Commission (NRC) announces that it will no longer inform the public as to which nuclear energy plants have passed, or failed, security tests. The NRC claims the new restrictions are to keep potentially harmful information out of terrorist hands (see Between July 9 and July 16, 2001); critics argue the policy prevents the public from pressuring corporate executives to keep their plants safe (see Late July, 2003). Soon afterward, the NRC will move to withdraw large amounts of unclassified information, previously available to the public, from public view. Agency spokeswoman Sue Gagner will say that the move is to ensure that “information that could be helpful to a terrorist” is not available, but the upshot of both decisions is that only officials employed by the nuclear industry can discuss regulatory and security changes—public citizens and watchdog organizations no longer have the information required to pursue such issues. [Savage, 2007, pp. 103]

Entity Tags: Sue Gagner, Nuclear Regulatory Commission

Timeline Tags: Civil Liberties

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

Jacob Hornberger.Jacob Hornberger. [Source: Institute for Historical Review]Jacob Hornberger, the president of the Future of Freedom Foundation, writes that the Pentagon has learned “when the judiciary issues an order, the Pentagon is required to obey it,” which is “why the government is now permitting Ali Saleh al-Marri to meet with his attorney as part of his habeas corpus proceeding in federal district court in South Carolina.” Al-Marri is one of three “enemy combatants” (see June 23, 2003) designated by President Bush. Until recently, the Pentagon had refused to allow al-Marri to contact his lawyers, who have been challenging his detention and enemy combatant status in the US courts, but a recent Supreme Court decision scotched that procedure (see June 28, 2004). Hornberger compares al-Marri’s treatment to that of ousted Iraqi dictator Saddam Hussein, whom Iraqi and US officials have restricted from consulting with his own lawyers in Iraq. Al-Marri, before being removed from the US judicial system, “would have been entitled to all the rights and guarantees recognized in the Constitution and Bill of Rights, including being informed of the charges against him, compulsory process of witnesses, cross-examination of adverse witnesses, assistance of counsel, and a jury trial,” Hornberger writes. “If the jury had acquitted him, as juries recently did with defendants in federal terrorism cases brought in Detroit and Boise, he would have walked away from the federal courtroom a free man. By removing al-Marri from the jurisdiction of the federal court on the eve of his trial and placing him into military custody as an ‘enemy combatant,’ the Justice Department and the Pentagon, working together, effectively hijacked our criminal justice system and sabotaged our constitutional order.” [Atlanta Inquirer, 8/21/2004; Future of Freedom Foundation, 2007]

Entity Tags: George W. Bush, Ali Saleh Kahlah al-Marri, US Department of Defense, Saddam Hussein, Jacob Hornberger

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: US Domestic Terrorism

Damage to the Australian embassy.Damage to the Australian embassy. [Source: Associated Press]A car bombing outside the Australian Embassy in Jakarta, Indonesia, kills ten people and injures about 200 more. Jemaah Islamiyah (JI), said to be the Southeast Asian arm of al-Qaeda, takes credit for the attack. A year later, a militant on trial for involvement in the attack claims that al-Qaeda funded the operation. [CNN, 9/9/2004; Reuters, 8/2/2005] JI leaders Azhari Husin and Noordin Mohammed Top are said to have masterminded the bombing largely on their own, since the rest of JI is in disarray by this time. [New York Times, 10/7/2005]

Entity Tags: Jemaah Islamiyah, Al-Qaeda, Azhari Husin, Noordin Mohammed Top

Timeline Tags: Complete 911 Timeline

Amjad Farooqi.Amjad Farooqi. [Source: Associated Press]Amjad Farooqi, a leader of al-Qaeda and the Pakistani militant group Jaish-e-Mohammed, is allegedly shot and killed in Nawabshah, Pakistan, a town 170 miles north of Karachi. Farooqi had been indicted for the murder of US journalist Daniel Pearl in 2002 (see January 31, 2002), and was said to have been a mastermind of the two assassination attempts against Pakistani President Pervez Musharraf in December 2003 (see December 14 and 25, 2003). Farooqi is also believed to have taken part in the hijacking of an Indian airliner in late 1999 (see December 24-31, 1999). He is said to be close to al-Qaeda leader Abu Faraj al-Libbi. Farooqi was allegedly tracked by his mobile home to a hideout, which was then surrounded by police. He and two associates were killed after a two-hour gun battle, while three others were arrested. A senior Pakistani official says, “Farooqi’s elimination is a crushing blow to the al-Qaeda network in Pakistan because he was the man who had been providing al-Qaeda terrorists with the manpower to carry out attacks.” [Washington Post, 9/27/2004]
Staged Death? - However, the Asia Times reported in June 2004 that Farooqi had been secretly arrested already and that Musharraf was saving him for a politically opportune time. [Asia Times, 6/5/2004] After the announcement of his death, the Asia Times further report that its sources believe Farooqi indeed was killed, but his death was staged and he had been arrested months before. It is claimed that Pakistani authorities wanted him dead to close investigations into the murder of Daniel Pearl and the assassination attempts against Musharraf. In both cases, there are unanswered questions about the links between al-Qaeda and forces within the Pakistani government. Furthermore, some say the 1999 Indian airline hijacking he was said to have been a part of was planned by al-Qaeda-linked militants working with the Pakistani ISI (see December 24-31, 1999).
Allegedly Overhyped - The Asia Times further claims that while Farooqi was involved in Pearl’s death and the Musharraf assassinations, he was not the “super villain” he was made out to be in the months before his death. They also portray him as a stand-alone operator who worked with al-Qaeda and a number of Pakistani militant groups, but did not directly belong to any one group. [Asia Times, 9/28/2004; Asia Times, 9/29/2004]
Questions Unanswered - One senior Pakistani law-enforcement official says after the announcement of his death, “It was very important to catch Amjad Farooqi alive. Farooqi was the key link between the foot soldiers and those who ordered the murder [of Musharraf].” Another says, “Amjad Farooqi is now dead with the most important secret and we still don’t know for sure the real identity of the Pakistani or al-Qaeda or any other foreign elements who had launched Farooqi into action to remove General Musharraf from the scene.” [Asia Times, 9/30/2004]

Entity Tags: Pervez Musharraf, Jaish-e-Mohammed, Abu Faraj al-Libbi, Al-Qaeda, Amjad Farooqi

Timeline Tags: Complete 911 Timeline

Osama bin Laden sends a letter to al-Qaeda leader Abu Faraj al-Libbi, and US intelligence will learn about this a year or so later. This is one of the very few pieces of evidence known by US intelligence that suggests bin Laden is alive, after bin Laden escaped from Tora Bora, Afghanistan, in late 2001. Al-Libbi has been al-Qaeda’s operational commander since early 2003.
Guantanamo File Account - In April 2011, the non-profit whistleblower group Wikileaks will release the Guantanamo prison assessment file of al-Libbi, dated September 2008. According to this assessment, which is likely based on al-Libbi’s interrogations, al-Libbi receives a letter from bin Laden in October 2004 asking about al-Qaeda’s financial situation in Pakistan and especially Waziristan (part of Pakistan’s tribal region). Al-Libbi also gets a videotape of bin Laden’s speeches. (Note that the first video footage of bin Laden is publicly released in late October 2004 (see October 29, 2004).) Al-Libbi gets the letter and videotape from bin Laden’s courier, who first met up with al-Libbi in July 2003 (see July 2003-Mid-2004). [US Department of Defense, 9/10/2008]
Musharraf's 2006 Book - In a 2006 book, Pakistani President Pervez Musharraf will similarly mention that al-Libbi “was in contact with Osama through a courier and the last letter he had received from Osama was sometime in December 2004. We have been looking for the couriers intensely.” [Musharraf, 2006, pp. 172] Al-Libbi will be captured in May 2005, and apparently he is interrogated by Pakistan for a few days, and then turned over and interrogated much more by the US (see May 2, 2005). So different interrogations may explain the slightly different months mentioned in each account. Bin Laden’s courier will later be revealed to be Ibrahim Saeed Ahmed, and the US effort to track him will eventually lead to bin Laden (see May 2, 2011).

Entity Tags: Abu Faraj al-Libbi, Pervez Musharraf, Ibrahim Saeed Ahmed, Osama bin Laden

Timeline Tags: Complete 911 Timeline

The Supreme Court declines without comment to hear an appeal by “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and June 23, 2003). Al-Marri has filed a civil suit, Al-Marri v. Rumsfeld, challenging his detention and his status as an enemy combatant. Previously, courts ruled that al-Marri’s lawyers should have filed the suit in South Carolina, where al-Marri is being held in a Charleston naval brig, not in Illinois, where al-Marri was attending college. The Supreme Court refused to overturn that decision. Al-Marri’s lawyers intend to refile the suit in South Carolina (see August 8, 2005). [Al-Marri v. Rumsfeld, 6/2004; Associated Press, 10/4/2004; Slate, 4/20/2006]

Entity Tags: US Supreme Court, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives, Civil Liberties

Anthrax attacks suspect Steven Hatfill has sued the FBI and Justice Department for violating his privacy and other charges (see August 26, 2003), but the government has been trying to stall the court case, saying it would interfere with the FBI’s anthrax investigation. Responding to the latest request for a delay, US District Court Judge Reggie Walton says the government has stalled enough already. Walton says that Hatfill has “the right to vindicate himself, so he doesn’t have this taint hanging over his head.” He tells a federal prosecutor: “If you don’t have enough information to indict this man, you can’t keep dragging him through the mud. That’s not the type of country I want to be part of. It’s wrong!” Walton is a Republican appointed to the bench by the President Bush. [MSNBC, 10/7/2004] The FBI declared Hatfill a “person of interest” in August 2002 (see August 1, 2002) and will not officially clear him of any link to the attacks until August 2008 (see June 27, 2008 and August 8, 2008).

Entity Tags: Reggie B. Walton, Federal Bureau of Investigation, US Department of Justice, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks

Wangari Maathai.Wangari Maathai. [Source: AFP / Front Page Magazine]Conservative pundit David Horowitz, the founder and editor of Front Page Magazine, calls Nobel Peace Prize laureate Wangari Maathai a “black racist” for her speculations that the AIDS virus may have been created in a laboratory. Maathai, a Kenyan ecologist and environmental activist, says: “Some say that AIDS came from the monkeys, and I doubt that because we have been living with monkeys [since] time immemorial, others say it was a curse from God, but I say it cannot be that. Us black people are dying more than any other people in this planet.… It’s true that there are some people who create agents to wipe out other people. If there were no such people, we could have not have invaded Iraq. We invaded Iraq because we believed that Saddam Hussein had made, or was in the process of creating, agents of biological warfare. In fact it [the HIV virus] is created by a scientist for biological warfare.… Why has there been so much secrecy about AIDS? When you ask where did the virus come from, it raises a lot of flags. That makes me suspicious.” A US State Department official says the US does not agree with Maathai’s claims about AIDS. Horowitz responds to Maathai’s speculations by posting an article on the Front Page Web site entitled “Black Racist Wins Nobel Prize (Thanks to the Leftwing Racists on the Nobel Committee).” [Australian Broadcasting Corporation, 10/9/2004; Front Page Magazine, 10/9/2004; Media Matters, 12/1/2004] Four days later, Horowitz features an article by Front Page author Ben Johnson entitled “Nobel Hates Whitey,” in which Johnson calls Maathai “a paranoid, anti-white, anti-Western crusader for international socialism.” Johnson interprets Maathai’s words to mean that, in his phrasing, “white devils” concocted AIDS to eradicate blacks. He terms her claims “blood libel,” accuses her of fomenting violence against Kenyan police, and says she has worked with environmentalists at the United Nations to promote “global socialism.” [Front Page Magazine, 10/13/2004]

Entity Tags: Ben Johnson, Wangari Maathai, David Horowitz

Timeline Tags: Domestic Propaganda

Abdurahman Alamoudi.Abdurahman Alamoudi. [Source: Wikipedia/ public domain]Muslim activist Abdurahman Alamoudi is sentenced to 23 years in prison in the US for illegal dealings with Libya. Charges include that he was involved in a complex plot to kill Crown Price Abdullah, the de facto ruler of Saudi Arabia. Prosecutors successfully argued that Alamoudi served as a go-between Saudi dissidents and Libyan officials involved in the plot. Alamoudi admitted that he illegally moved money from Libya, taking nearly $1 million and using it to pay conspirators. The plot, thought to stem from a personality dispute between the leaders of Libya and Saudi Arabia, was ultimately foiled by the Saudi government. The Washington Post notes that Alamoudi was “one of America’s best-known Muslim activists—a former head of the American Muslim Council who met with senior Clinton and Bush administration officials in his efforts to bolster Muslim political prominence.” He was “once so prominent that his influence reached the highest levels of the US government.” Alamoudi is said to be cooperating with US investigators as part of the deal. It is believed that his testimony could be very useful to an ongoing probe of the SAAR network, since he was closely involved with that network (see March 20, 2002). [Washington Post, 10/16/2004]

Entity Tags: SAAR Foundation, Abdurahman Alamoudi

Timeline Tags: Complete 911 Timeline

Shyam Sunder.Shyam Sunder. [Source: NIST]The National Institute of Standards and Technology (NIST) releases nearly 500 pages of documents, detailing the latest findings of its investigation of the WTC collapses on 9/11. These include its hypotheses for the collapse sequences of each of the Twin Towers; details of their analysis of interviews with nearly 1,200 building occupants, emergency responders, and victims’ relatives; and information from their analysis of the emergency response and evacuation procedures. Their investigation into the collapses is based upon an analysis of thousands of photos and videos, examination of many of the elements used to construct the towers, and computer-enhanced modeling of the plane impacts and the spreading of the fires. Their hypothesis is that the towers collapsed ultimately due to the fires they suffered: As the fires burned, the buildings’ steel core columns buckled and shortened. This shifted more load to the buildings’ perimeter columns, which were already affected by the heat of the fires, and caused them to give way under the increased stress. Investigators have conducted a test with a reconstructed section of the WTC floor, and found that the original fireproofing was sufficient to meet the New York City building code. They say that had a typical office fire occurred in the towers, without the structural damage and the loss of some fireproofing caused by the plane impacts, it is likely the buildings would have remained standing. Lead investigator Dr. Shyam Sunder says, “The buildings performed as they should have in the airplane impact and extreme fires to which they were subjected. There is nothing there that stands out as abnormal.” NIST’s theories of why the WTC buildings collapsed conflict with an earlier investigation by FEMA, which claimed the collapse of the North Tower had begun in its core, rather than its perimeter columns (see May 1, 2002). [National Institute of Standards and Technology, 10/19/2004; New York Times, 10/20/2004]

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Roughly around 2004, the CIA suspects that Osama bin Laden has moved from the mountains of Pakistan or Afghanistan to an urban area in Pakistan. Marty Martin leads the CIA’s hunt for bin Laden from 2002 to 2004. After bin Laden’s death in 2011, he will say: “We could see from his videos what his circumstances were. In the immediate years [after bin Laden’s escape from Tora Bora in late 2001] he looked battle fatigued and on the run. He didn’t look healthy. We knew he was moving. But where? We simply didn’t know. Then, he gained weight and looked healthy. I told my analysts, ‘He’s gone urban, moved somewhere stable and safe.’” [ABC News, 5/19/2011] The only publicly known video of bin Laden after December 2001 is one released in October 2004, so Martin presumably is referring to that (see December 26, 2001 and October 29, 2004).

Entity Tags: Osama bin Laden, Marty Martin, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Salim Ahmed Hamdan.Salim Ahmed Hamdan. [Source: Public domain]US District Judge James Robertson rules that the Combatant Status Review Tribunal being held at the Guantanamo base in Cuba to determine the status of detainee Salim Ahmed Hamdan is unlawful and cannot continue. At the time of the decision, Hamdan is before the Guantanamo military commission. [Washington Post, 11/9/2004; USA Today, 11/9/2004] The commission system, as set up by White House lawyers David Addington and Timothy Flanigan three years before (see Late October 2001), gives accused terrorists such as Hamdan virtually no rights; in author and reporter Charlie Savage’s words, “the [Bush] administration had crafted rules that would make it easy for prosecutors to win cases.” [Savage, 2007, pp. 195-196]
Violation of Geneva Conventions - Robertson, in his 45-page opinion, says the government should have conducted special hearings to determine whether detainees qualified for prisoner-of-war protections under the Geneva Conventions at the time of capture. [USA Today, 11/9/2004] He says that the Bush administration violated the Geneva Conventions when it designated prisoners as enemy combatants, denied them POW protections, and sent them to Guantanamo. [Boston Globe, 11/9/2004] The Combatant Status Review Tribunals that are currently being held in response to a recent Supreme Court decision (see June 28, 2004) are inadequate, Robertson says, because their purpose is to determine whether detainees are enemy combatants, not POWs, as required by the Third Geneva Convention. [USA Today, 11/9/2004]
Rejects Claims of Presidential Power - Robertson also rejects the administration’s claim that the courts must defer to the president in a time of war. “The president is not a ‘tribunal,’” the judge says. [USA Today, 11/9/2004] Robertson, a Clinton appointee, thus squarely opposes both the president’s military order of November 13, 2001 (see November 13, 2001) establishing the possibility of trial by military tribunal, and his executive order of February 7, 2002 (see February 7, 2002) declaring that the Geneva Conventions do not to apply to Taliban and al-Qaeda prisoners. “The government has asserted a position starkly different from the positions and behavior of the United States in previous conflicts,” Robertson writes, “one that can only weaken the United States’ own ability to demand application of the Geneva Conventions to Americans captured during armed conflicts abroad.” [USA Today, 11/9/2004; Washington Post, 11/9/2004; Boston Globe, 11/9/2004]
Orders Military Courts-Martial - Robertson orders that until the government conducts a hearing for Hamdan before a competent tribunal in accordance with the Third Geneva Conventions, he can only be tried in courts-martial, according to the same long-established military rules that apply to trials for US soldiers. [Washington Post, 11/9/2004; Boston Globe, 11/9/2004] Robertson’s ruling is the first by a federal judge to assert that the commissions are illegal. [Washington Post, 11/9/2004]
Hearings Immediately Recessed - When word of Robertson’s ruling comes to Guantanamo, Colonel Peter Brownback, presiding over a pretrial hearing for Hamdan, immediately gavels the hearing closed, declaring an “indefinite recess” for the tribunal. [Savage, 2007, pp. 195-196]
Ruling Applauded by Civil Libertarians, Rejected by Bush Lawyers - Anthony Romero, director of the American Civil Liberties Union; Eugene Fidell, president of the National Institute of Military Justice; and Michael Ratner, president of the Center for Constitutional Rights, all applaud Robertson’s ruling. [Boston Globe, 11/9/2004] The Bush administration rejects the court’s ruling and announces its intention to submit a request to a higher court for an emergency stay and reversal of the decision. “We vigorously disagree.… The judge has put terrorism on the same legal footing as legitimate methods of waging war,” Justice Department spokesman Mark Corallo says. “The Constitution entrusts to the president the responsibility to safeguard the nation’s security. The Department of Justice will continue to defend the president’s ability and authority under the Constitution to fulfill that duty.” [Washington Post, 11/9/2004; Boston Globe, 11/9/2004] He also says that the commission rules were “carefully crafted to protect America from terrorists while affording those charged with violations of the laws of war with fair process.” [Boston Globe, 11/9/2004]
Ruling May Affect Other Detainees - Though the ruling technically only applies to Hamdan, his civilian attorney, Neal Katyal, says it could affect other detainees. “The judge’s order is designed only to deal with Mr. Hamdan’s case,” Katyal says. “But the spirit of it… extends more broadly to potentially everything that is going on here at Guantanamo.” [USA Today, 11/9/2004]

Entity Tags: Mark Corallo, Neal Katyal, James Robertson, George W. Bush, Anthony D. Romero, Peter Brownback, Charlie Savage, US Supreme Court, American Civil Liberties Union, Salim Ahmed Hamdan

Timeline Tags: Torture of US Captives, Civil Liberties

Fox News talk show host Sean Hannity claims, falsely, that former vice president and Democratic presidential candidate Al Gore “brought Willie Horton to the American people.” Hannity is referring to the infamous “Willie Horton” ad of the 1988 presidential campaign, a Republican campaign strategy that claimed African-American Willie Horton was released and went on to rape a white woman by Democratic presidential candidate Michael Dukakis (see September 21 - October 4, 1988). Hannity’s statement comes in response to a recent citation of the Horton ad by Princeton University professor Cornel West, who cited the ad as an example of the Republican Party’s political exploitation of race. Hannity notes correctly that in the 1988 Democratic presidential primaries, Gore asked Dukakis about “weekend passes for convicted criminals,” referring to the Massachusetts furlough program that freed Horton. However, Gore never mentioned Horton at all. The first national mention of Horton came in the ads released by the Bush campaign and by an ostensibly independent conservative organization, the National Security Political Action Committee (NSPAC). According to progressive media watchdog organization Media Matters, Hannity has made similar claims about Gore first bringing up Horton in the past. [Media Matters, 11/10/2004]

Entity Tags: Sean Hannity, William (“Willie”) Horton, Fox News, Albert Arnold (“Al”) Gore, Jr., Cornel West, Republican Party, National Security Political Action Committee, Michael Dukakis

Timeline Tags: Domestic Propaganda

US News and World Report senior writer Michael Barone accuses Democratic pollster Anna Greenberg of “blood libel on the American people” in response to Greenberg’s claim that the 1988 Bush campaign ads featuring convicted murderer Willie Horton were examples of “racial politics” (see September 21 - October 4, 1988). The progressive media watchdog organization Media Matters will note that the phrase “blood libel” specifically denotes accusations that a particular group, often Jews, practices human sacrifice, and cites one famous (and entirely false) allegation that “Jews kill Christian and Muslim children and use their blood to make Passover matzohs.” Barone and Greenberg are panelists on the evening’s edition of The Kalb Report, a panel discussion on C-SPAN hosted by journalist and author Marvin Kalb. The topic of the current discussion is “A Post-Election Analysis: Values, Religion, Politics, and the Media.” Greenberg calls the Horton ads examples of “racial politics in the 1980s,” to which Barone says in response: “I think this whole Willie Horton thing is a slur on the American people. The argument has been made by Democrats and liberals that the Bush campaign in ‘88 supposedly showed pictures of this man. It did not. There was an independent expenditure ad that did. But they did not. They showed white prisoners in the ad. And the argument against [1988 Democratic presidential candidate] Michael Dukakis, which he never effectively countered because there is no effective counter, is that giving furlough to people who have life without parole is a position that Dukakis defended over 11 years as governor of Massachusetts or governor candidate, is a crazy law, and he supported it over 11 years. You don’t have to be a racist to want a murderer, whatever his race, to stay in jail and not be allowed outside on the weekend. To say that the American people were racist and they just want black people in, is blood libel on the American people.” Barone is incorrect in saying that Horton’s picture was never used in the ads (it was not used in official Bush campaign ads, but it was used in ads by purportedly “independent” organizations supporting the Bush candidacy), and he fails to note that while Dukakis indeed supported the Massachusetts furlough law that allowed Horton the freedom to commit felonies even after being sent to jail for murder, he did not enact the law. Media Matters will note that the Horton ads have long been accepted as strong examples of racial politics, including a 1995 statement from Secretary of State Colin Powell who called the ads “racist.” [Media Matters, 11/17/2004]

Entity Tags: Media Matters, Anna Greenberg, Colin Powell, Michael Barone, George Herbert Walker Bush, William (“Willie”) Horton, Marvin Kalb, Michael Dukakis

Timeline Tags: Domestic Propaganda

Mohammad Sidique Khan (left) and Shehzad Tanweer (right) passing through immigration control in Karachi, Pakistan.Mohammad Sidique Khan (left) and Shehzad Tanweer (right) passing through immigration control in Karachi, Pakistan. [Source: Public domain]Two suicide bombers in the 7/7 London bombings (see July 7, 2005) attend a militant training camp in Pakistan. On November 18, 2004, 7/7 bombers Mohammad Sidique Khan and Shehzad Tanweer fly from Britain to Pakistan. British officials will later accuse the two other 7/7 bombers, Germaine Lindsay and Hasib Hussain, and three of their associates, Waheed Ali, Sadeer Saleem, and Mohammed Shakil, of scouting for bomb targets on December 16 and 17, 2004. The five of them visit the Natural History Museum, the London Eye, and the London Aquarium. Ali, Saleem, and Shakil will later be charged with assisting the 7/7 bombers, but they will claim they were merely on a sightseeing trip. In any case, nine days later, on December 26, Ali and Saleem fly to Pakistan. Ali will later admit in court that they meet Khan and Tanweer at a training camp. Tanweer apparently spends much of the time at a training camp near Kashmir (see December 2004-January 2005), and Khan mostly trains elsewhere with an al-Qaeda linked explosives expert (see July 23, 2005). Khan and Tanweer leave Pakistan on February 8, 2005, while Ali and Saleem stay until late February. [Guardian, 7/19/2005; Guardian, 4/14/2008; Guardian, 5/21/2008] Khan and Tanweer attended training camps in Pakistan in the summer of 2003 (see July-September 2003), and Khan also went in July 2001 (see July 2001).

Entity Tags: Waheed Ali, Mohammed Shakil, Mohammad Sidique Khan, Shehzad Tanweer, Sadeer Saleem

Timeline Tags: Complete 911 Timeline

Congress expands the Patriot Act (see October 26, 2001) by approving an intelligence spending bill with a provision that gives the FBI the power to subpoena business documents and transactions from a broad range of businesses and entities—including libraries, travel agencies, and even eBay—without court warrants. This reduces oversight of the FBI and shifts power away from the judiciary. The Patriot Act already allows the FBI to acquire bank records and communications records by issuing a National Security Letter (NSL) affirming that the information it seeks is relevant to an open investigation; the targeted institution is legally “gagged,” unable to inform anyone, especially the subject of the investigation, of the subpoena. The new law expands the use of NSLs by redefining “financial institution” to include insurance companies, real estate agents, the US Postal Service, travel agencies, casinos, pawn shops, car dealers and any other business whose “cash transactions have a high degree of usefulness in criminal, tax or regulatory matters.” The provision is one of the most controversial parts of the so-called “Patriot II” act (see February 7, 2003) that was withdrawn after the public learned of its elements. Like most intelligence spending bills, this one was drafted in secret and passed with little debate or public comment. Law professor Chris Schroeder, a former Justice Department assistant attorney general, says the insertion of the provision shows that “people who want to expand the powers of the FBI didn’t want to stop after Patriot II was leaked. They are going to insert these provisions on a stealth basis. It’s insidious.” James Dempsey of the Center for Democracy and Technology agrees: “On its face, it’s a cryptic and seemingly innocuous amendment. It wasn’t until after it passed both houses that we saw it. The FBI and CIA like to try to graft things like this into intelligence bills.” CIA Director Porter Goss, when he was chairman of the House Intelligence Committee, defended the provision, saying it is necessary to keep pace with terrorists and the changing economy. “This provision brings the definition of ‘financial institution’ up to date with the reality of the financial industry,” Goss told House members. “This provision will allow those tracking terrorists and spies to ‘follow the money’ more effectively and thereby protect the people of the United States more effectively.” Timothy Edgar of the American Civil Liberties Union says the bill goes too far in expanding executive branch powers. “The more that checks and balances against government abuse are eroded, the greater that abuse,” Edgar says. “We’re going to regret these initiatives down the road.” [Wired News, 11/24/2003]

Entity Tags: Tim Edgar, US Department of Justice, USA Patriot Act, Porter J. Goss, House Intelligence Committee, Central Intelligence Agency, Center for Democracy and Technology, American Civil Liberties Union, James Dempsey, Chris Schroeder, Federal Bureau of Investigation, Domestic Security Enhancement Act of 2003

Timeline Tags: Civil Liberties

A still from the advertisement featuring Terrell Owens and Nicollete Sheridan.A still from the advertisement featuring Terrell Owens and Nicollete Sheridan. [Source: ESPN]Author Sam Francis (see September 1995), in a column originally published on the white supremacist Web site VDare.com, criticizes the broadcast of an ESPN ad featuring a white actress kissing a black football player, and says the ad promotes the “fairly radical concept” that “interracial sex is normal and legitimate.” The ad features “white sexpot Nicolette Sheridan… smooching up to black football star Terrell Owens in the locker room of the Philadelphia Eagles.” Francis calls the ad “an intentional act of moral subversion,” and continues: “[T]he Owens-Sheridan ad was interracial and brazenly so—if only morals and taste had been the targets, the producers could easily have found white actresses who are less obviously Nordic than the golden-locked Miss Sheridan, but Nordic is what the ad’s producers no doubt wanted.… The message of the ad was that the white women are eager to have sex with black men, that they should be eager, and that black men should take them up on it.” Francis goes on to say the ad would have been less objectionable had the two people involved been of the same race. Instead: “[T]he ad’s message also was that interracial sex is normal and legitimate, a fairly radical concept for both the dominant media as well as its audience. Nevertheless, for decades, interracial couples of different sexes have been sneaked into advertising, movies, and television series, and almost certainly not because of popular demand from either race. The Owens-Sheridan match is only the most notorious to date. In the minds of those who produced the ad, race is at least as important as the moral and aesthetic norms their ad subverts. To them, the race as well as the religion, the morality, and the culture of the host society are all equally hostile and oppressive forces that need to be discredited, debunked, and destroyed. If the destruction can’t happen at the polls or through the courts, they can always use the long march through the culture that control of the mass media allows. Breaking down the sexual barriers between the races is a major weapon of cultural destruction because it means the dissolution of the cultural boundaries that define breeding and the family and, ultimately, the transmission and survival of the culture itself.” Francis’s article is given national distribution by Creators Syndicate, prompting an outcry against Francis’s apparent belief that interracial sex is immoral. Creators Syndicate editor Anthony Zurcher says that while he does not personally agree with Francis’s column, he does not find it “so reprehensible” that it should not have been syndicated. Francis’s article is archived at, among other places, the Web site of the American Renaissance movement, an openly “racialist” group calling for white separatism and the enforced oppression of non-whites in the US. [American Renaissance, 11/26/2004; Media Matters, 12/10/2004] David Brock, the president of the progressive media watchdog organization Media Matters, writes in a letter to Creators Syndicate: “We strongly condemn the clear bigotry in this column and assume that newspaper editors across the country feel the same way, as a search of newspapers available on Nexis revealed that none have chosen to run the column. Regardless, Creators’ willingness to distribute such abhorrent views calls into question the syndicate’s ethical and editorial standards.” [Media Matters, 12/7/2004]

Entity Tags: Nicolette Sheridan, Anthony Zurcher, American Renaissance, Creators Syndicate, Sam Francis, David Brock, Terrell Owens

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: US Domestic Terrorism

Muktar Ibrahim.Muktar Ibrahim. [Source: Metropolitan Police]Shehzad Tanweer, one of the suicide bombers in the 7/7 London bombings (see July 7, 2005), attends the same training camp in Pakistan at the same time as Muktar Ibrahim, the head bomber in the 21/7 bombings, a failed attempt to duplicate the 7/7 bombings two weeks later (see July 21, 2005). They both attend a camp in Manserah, in a remote area near the border of the disputed region of Kashmir, between December 2004 and January 2005. The camp is run by the Pakistani militant group Harkat ul-Mujahedeen. While there is no definitive proof the two men meet face to face, the strong likelihood of them interacting at the training camp suggests a link between the 7/7 and 21/7 bombers. [Independent, 7/10/2007] 7/7 bomber Mohammad Sidique Khan spends time in Pakistan with Tanweer during these months (see November 18, 2004-February 8, 2005), and he trains with an al-Qaeda operative linked to a Harkat ul-Mujahedeen splinter group. An associate named Waheed Ali will later testify he meets Khan and Tanweer at a Pakistan training camp around this time, but it is not specified if it is the Manserah camp or a different one (see July 23, 2005). [Guardian, 5/21/2008]

Entity Tags: Mohammad Sidique Khan, Waheed Ali, Shehzad Tanweer, Harkat ul-Mujahedeen, Muktar Ibrahim

Timeline Tags: Complete 911 Timeline

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