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Context of 'April 2000: Suspicious Behavior of Flight School Student Leads to Arizona FBI Investigation'

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Vice President Dick Cheney phones Senate Intelligence Committee chairman Bob Graham (D-FL). Cheney’s call comes early in the morning, and Graham takes it while still shaving. Cheney is agitated; he has just read in the newspaper that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack. But, the story continues, the intercepts were not translated until September 12, the day after the 9/11 attacks (see September 10, 2001). Cheney is enraged that someone leaked the classified information from the NSA intercepts to the press. As a result, Cheney says, the Bush administration is considering terminating all cooperation with the joint inquiry by the Senate and House Intelligence Committees on the government’s failure to predict and prevent the attacks (see September 18, 2002). (Graham co-chairs the inquiry.) Classified records would no longer be made available to the committees, and administration witnesses would not be available for interviews or testimony. Furthermore, Cheney says, unless the committee leaders take action to find out who leaked the information, and more importantly, take steps to ensure that such leaks never happen again, President Bush will tell the citizenry that Congress cannot be trusted with vital national security secrets. “Take control of the situation,” Cheney tells Graham. The senator responds that he, too, is frustrated with the leaks, but Cheney is unwilling to be mollified.
Quick Capitulation - At 7:30 a.m., Graham meets with the chairman of the House Intelligence Committee, Porter Goss (R-FL), and the ranking members of the committees, Senator Richard Shelby (R-AL, who will later be accused of leaking the information) and Nancy Pelosi (D-CA). They decide to request that the Justice Department conduct a criminal inquiry into whether anyone on either committee, member or staffer, leaked the information to the press. One participant in the meeting later says, “It was a hastily made decision, made out of a sense of panic… and by people with bleary eyes.” Another person involved in the decision later recalls: “There was a real concern that any meaningful oversight by Congress was very much at stake. The political dynamic back then—not that long after September 11—was completely different. They took Cheney’s threats very seriously.” In 2007, reporter Murray Waas will observe that Cheney and other administration officials saw the leak “as an opportunity to undercut Congressional oversight and possibly restrict the flow of classified information to Capitol Hill.”
Graham: Congress Victimized by White House 'Set Up' - In 2007, after his retirement from politics, Graham will say: “Looking back at it, I think we were clearly set up by Dick Cheney and the White House. They wanted to shut us down. And they wanted to shut down a legitimate Congressional inquiry that might raise questions in part about whether their own people had aggressively pursued al-Qaeda in the days prior to the September 11 attacks. The vice president attempted to manipulate the situation, and he attempted to manipulate us.… But if his goal was to get us to back off, he was unsuccessful.” Graham will add that Goss shared his concerns, and say that in 2003, he speculates to Goss that the White House had set them up in order to sabotage the joint inquiry; according to Graham, Goss will respond, “I often wondered that myself.” Graham will go on to say that he believes the NSA leak was not only promulgated by a member of Congress, but by White House officials as well; he will base his belief on the fact that Washington Post and USA Today reports contain information not disclosed during the joint committee hearing. “That would lead a reasonable person to infer the administration leaked as well,” he will say, “or what they were doing was trying to set us up… to make this an issue which they could come after us with.”
White House Goes Public - The same day, White House press secretary Ari Fleischer tells reporters, “The president [has] very deep concerns about anything that would be inappropriately leaked that could… harm our ability to maintain sources and methods and anything else that could interfere with America’s ability to fight the war on terrorism.”
Investigation Will Point to Senate Republican - An investigation by the Justice Department will determine that the leak most likely came from Shelby, but Shelby will deny leaking the intercepts, and the Senate Ethics Committee will decline to pursue the matter (see August 5, 2004). [National Journal, 2/15/2007]

Entity Tags: National Security Agency, George W. Bush, Bush administration (43), Daniel Robert (“Bob”) Graham, Ari Fleischer, House Intelligence Committee, Nancy Pelosi, Senate Ethics Committee, Senate Intelligence Committee, Richard Shelby, Richard (“Dick”) Cheney, Porter J. Goss, US Department of Justice, Murray Waas

Timeline Tags: Complete 911 Timeline, Civil Liberties

Jose Padilla (see June 10, 2002)‘s public prosecutors file a document with the District Court for the Southern District in Lower Manhattan, which says Padilla had been declared an “enemy combatant” on grounds that “Citizens who associate themselves with the enemy and with its aid, guidance, and direction, enter this country bent on hostile acts, are enemy belligerents.” [CNN, 6/27/2002]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to Daniel J. Bryant, another OLC lawyer. Yoo concludes that the Constitution “vests full control of the military operations of the United States to the president,” and denies Congress any role in overseeing or influencing such operations. The memo is consisent with an earlier Justice Department memo (see April 8, 2002). Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice`, 6/27/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo ignores the Non-Detention Act, which states, “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an act of Congress.” [ProPublica, 4/16/2009] It will be made public in early 2009 (see March 2, 2009).

Entity Tags: John C. Yoo, Daniel Bryant, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). [Public Record, 2/22/2009]

Entity Tags: US Department of State, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, Central Intelligence Agency, US Department of Justice, Condoleezza Rice, Geneva Conventions, David S. Addington, Richard (“Dick”) Cheney, George W. Bush, US Department of Defense

Timeline Tags: Civil Liberties

The Justice Department announces that only 74 of the 752 people detained on immigration charges after 9/11 are still in US custody. By December, only six of them will remain in custody (see December 11, 2002). Hundreds more were detained on other charges or as material witnesses, but no numbers pertaining to them have been released. 611 were subject to secret hearings. Senator Carl Levin (D-MI), who had requested the figures, says, “It took the Justice Department more than three months to produce a partial response to my letter.” But the answers raise “a number of additional questions, including why closed hearings were necessary for so many people.” Though many were held for months, “the vast majority were never charged with anything other than overstaying a visa.” [New York Times, 7/11/2002] All the deportation hearings for these people have been held in secret as well. Some say the government is cloaking its activities out of embarrassment, because none of these people have turned out to have any ties to terrorism. [New York Times, 7/11/2002; Detroit Free Press, 7/18/2002]

Entity Tags: Carl Levin, US Department of Justice

Timeline Tags: Complete 911 Timeline, Civil Liberties

Sheikh Ahmed Salim Swedan.Sheikh Ahmed Salim Swedan. [Source: FBI]Al-Qaeda leader Sheikh Ahmed Salim Swedan is allegedly arrested in Methadar, a slum region of Karachi, Pakistan. Swedan, a Kenyan, had been wanted for a key role in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The slum area where he is arrested is said to have been used by al-Qaeda to ship gold and al-Qaeda operatives out of Pakistan after 9/11, and thousands of dollars, fake passports, and visa stamps are found in his house. Pakistani agents are said to have been led to Swedan by satellite telephone intercepts provided by the FBI. Neighbors will later claim to have seen Swedan taken away, but both the US and Pakistani governments deny that he has been arrested. [Daily Times (Lahore), 9/9/2002; Asia Times, 9/11/2002] His name is not taken off an FBI wanted list years after his alleged arrest. In 2007, Amnesty International and other human rights groups will claim that he has been secretly held by the US or renditioned to another country (see June 7, 2007). In 2008, counterterrorism expert Peter Bergen will conclude based on various reports that Swedan was renditioned by the US from Pakistan in 2002. [Mother Jones, 3/3/2008] However, reports of Swedan’s capture appear to be incorrect, because later reports will say that he is killed in a CIA drone strike in Pakistan in 2009 (see January 1, 2009). If so, it is unknown who neighbors say they saw captured on this date.

Entity Tags: Sheikh Ahmed Salim Swedan

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

CIA attorneys meet with White House Counsel Alberto Gonzales, the Justice Department’s head of its criminal division, Michael Chertoff, and aides and lawyers from the National Security Council, Justice Department, and FBI. The meeting provides participants with an overview of the proposed interrogation plan for captured Islamist militant Abu Zubaida (see Mid-May, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Entity Tags: Central Intelligence Agency, Federal Bureau of Investigation, Michael Chertoff, National Security Council, US Department of Justice, Alberto R. Gonzales, Abu Zubaida

Timeline Tags: Torture of US Captives

John Walker Lindh’s trial comes to a sudden and unexpected end when prosecutors and defense attorneys strike a plea agreement. Lindh agrees to plead guilty to serving the Taliban. He also admits that while serving under the Taliban he carried a gun and grenades. This adds ten years imprisonment for the use of a firearm in the commission of a felony. [CBS News, 7/15/2002; Guardian, 7/15/2002; Associated Press, 7/15/2002; Plea Agreement. United States of America v. John Walker Lindh, 7/15/2002] The nine other counts, including the charges of conspiracy to murder Americans and providing material support to terrorists, are dismissed. In return, his defense withdraws the claim that Lindh has been abused or tortured at American hands. According to the agreement, Lindh “puts to rest his claims of mistreatment by the United States military, and all claims of mistreatment are withdrawn.” [Amnesty International, 10/20/2003] Defense attorney Jim Brosnahan tells journalist Seymour Hersh that “the Department of Defense insists that we state that there was ‘no deliberate’ mistreatment of John.” [New Yorker, 5/17/2004] And thus, in a formal statement, Lindh says, “that he was not intentionally mistreated by the US military.” [Mercury News (San Jose), 5/20/2004] Lindh’s other attorney, George Harris, tells the World Socialist Web Site, “I think that one thing that motivated the government to resolve the case was certainly their reluctance to have the evidence presented about how John Lindh was treated while he was in US military custody.” Another motive for the prosecutors to agree to a plea bargain, Harris suggests, is the expected disclosure during a public trial of the government’s own ties to the Taliban. [World Socialist Web Site, 10/7/2002] Harris explains that there was good reason to assume that if the trial would go in favor of Lindh, the government would declare him an “enemy combatant” and detain him indefinitely, perhaps in solitary incommunicado confinement, without charges, access to lawyers or relatives, like it had done only recently, on June 9 (see June 9, 2002), to another US citizen Jose Padilla. “It was the government’s position,” Harris says, “that even if John Lindh had been acquitted, or had been convicted and served his time, that it still would have been within the government’s power to declare him an enemy combatant and continue to detain him.” [World Socialist Web Site, 10/7/2002] Lindh was therefore in a no-win-situation. Even after release following his twenty-year sentence, he will not be certain of his freedom. The plea agreement says that “for the rest of the defendant’s natural life, should the Government determine that the defendant has engaged in [proscribed] conduct […] the United States may immediately invoke any right it has at that time to capture and detain the defendant as an unlawful enemy combatant.” [Plea Agreement. United States of America v. John Walker Lindh, 7/15/2002]

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file; BBC, 4/23/2009] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Entity Tags: Condoleezza Rice, George J. Tenet, Office of Legal Counsel (DOJ), US Department of Justice, Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Terror suspect Binyam Mohamed (see May-September, 2001) is flown from Pakistan to Morocco as part of a joint British-American attempt to force him to divulge information about possible nuclear devices owned by Islamist militants (see May 17 - July 21, 2002). He is flown—trussed, gagged, blindfolded, and diapered (see October 4, 2001)—to Rabat, Morocco, a flight later confirmed by the CIA’s own flight logs. He remains in Moroccan custody for 15 months.
Beaten, Slashed with Scalpels - As he will later recall, he is introduced to Moroccan detention practices by an interrogator named Marwan, who gives him thorough and repeated beatings. When Mohamed has been softened up: “[T]hey cut off my clothes with some kind of doctor’s scalpel. I was totally naked.… They took the scalpel to my right chest. It was only a small cut. Maybe an inch. Then they cut my left chest. One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony, crying, trying desperately to suppress myself, but I was screaming. I remember Marwan seemed to smoke half a cigarette, throw it down, and start another. They must have done this 20 to 30 times in maybe two hours. There was blood all over. They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists.” This happens time and again over the next 15 months.
British Complicity in CIA, Moroccan Interrogations - Documents disclosed for Mohamed’s later lawsuit against the US (see February 4, 2009) show that British MI5 agents are aware of the entirety of Mohamed’s treatment, and are in collusion with the Moroccans and the US in Mohamed’s treatment; on September 30, MI5 and CIA officials hold a conference where Mohamed’s treatment and interrogation are discussed. During much of Mohamed’s detention in Morocco, MI5 passes questions and photographs to the CIA for use in Mohamed’s interrogations (see February 24, 2009). Mohamed will later recall: “They started bringing British files to the interrogations—thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people torturing me, I felt completely naked. It was when they started asking the questions supplied by the British that my situation worsened. They sold me out.”
Elaborate Confessions - By this time, as Mohamed will recall, he is willing to confess to anything to make the torture stop. “They had fed me enough through their questions for me to make up what they wanted to hear,” he will recall. “I confessed to it all. There was the plot to build a dirty nuclear bomb, and another to blow up apartments in New York with their gas pipes.” The “gas pipe” plot connects Mohamed to 9/11 plotter Khalid Shaikh Mohammed, who supposedly conceived of the idea. “I said Khalid Shaikh Mohammed had given me a false passport after I was stopped the first time in Karachi and that I had met Osama bin Laden 30 times,” Mohamed will recall. “None of it was true. The British could have stopped the torture because they knew I had tried to use the same passport at Karachi both times (see September 2001 - April 9, 2002). That should have told them that what I was saying under torture wasn’t true. But so far as I know, they did nothing.”
'Rendered' to Afghanistan - Fifteen months after being “rendered” to Morocco, Mohamed is “rendered” to Afghanistan by the CIA (see January-September 2004). [Daily Mail, 3/8/2009]

Entity Tags: Central Intelligence Agency, “Marwan” (Moroccan interrogator), Binyam Mohamed, UK Security Service (MI5)

Timeline Tags: Torture of US Captives

Defense Secretary Rumsfeld issues a secret directive to Special Operations forces allowing them to “capture terrorists for interrogation or, if necessary, to kill them” anywhere in the world. [New Yorker, 12/16/2002] The policy appears to actually prefer the killing or secret interrogation of terrorists over legally arresting and then charging them (see July 22, 2002). Bush already issued a presidential finding authorizing the killing of terrorist leaders (see September 17, 2001), and a list of “high-value” target has been created (see Shortly After September 17, 2001), but this increases such efforts. [New York Times, 12/15/2002] However, Bush has not rescinded a presidential executive order dating from the 1970s that bans all assassinations, claiming that terrorists are military combatants. “Many past and present military and intelligence officials have expressed alarm” at the legality, wisdom, ethics, and effectiveness of the assassination program. Apparently much of the leadership of Special Operations is against it, worrying about the blowback effect. In February 2002, a Predator missile targeting someone intelligence agents thought was bin Laden hit its target, but killed three innocent Afghan farmers instead (see February 4, 2002). [New Yorker, 12/16/2002] The first successful assassination will take place in November (see November 3, 2002).

Entity Tags: Donald Rumsfeld, Special Operations Command

Timeline Tags: Complete 911 Timeline, Civil Liberties

Erich Josef Gliebe.Erich Josef Gliebe. [Source: Cleveland Scene]William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978) dies of cancer. He is replaced by Erich Josef Gliebe, a former boxer who runs Resistance Records, the Alliance-allied white power music label (see Late 1993 and Summer 1999), and publishes the label’s associated magazine, Resistance. Gliebe’s father was a member of the German Army during World War II, and Gliebe says he grew up “racially conscious.”
Plans for Alliance after His Death - Pierce dies unexpectedly, but had long cited his failing health and advancing age as causes for concern, and said the Alliance must not make the mistakes of earlier white supremacist organizations such as the American Nazi Party (which fell apart after its leader and Pierce’s mentor, George Lincoln Rockwell, was assassinated in 1967) and the Christian Nationalist Crusade (which collapsed after the death of its leader Gerald L.K. Smith). He made careful arrangements for the Alliance to continue after his death, and leaves almost all of his personal property to the organization, including 230 acres of property in West Virginia that houses the Alliance’s compound and headquarters (see 1985), along with some 60 acres belonging to Pierce’s “Cosmotheist Community Church,” which he has tried to classify as tax-exempt (see 1978).
Multi-Million Dollar Business - Under Gliebe’s leadership, the Alliance generates over $4 million a year in income, largely from the sale of white power music recordings, books, videos, and related merchandise. It broadcasts a weekly radio program, American Dissident Voices. In August 2002, the Center for New Community writes that the Alliance will likely “continue to play a strong role in the contemporary white nationalist movement, particularly by recruiting young people through its white power music distribution and merchandising.” (The organization has been particularly successful at disseminating its message during concerts by the Texas thrash-metal group Pantera, whose lead singer has worn pro-fascist shirts on stage; Alliance members hand out recruitment flyers at the shows headlined: “Remember when Heavy Metal was for Whites only? We do!”) It sells two video games, one called “Ethnic Cleansing,” where players get to exterminate minority citizens in a graphic, brutal “first-person shooter” style.
Largest Neo-Nazi Group in North America - The Alliance claims over 2,500 members and units or “proto-units” (local groups that have met membership requirements but not yet been sanctioned by national headquarters) in 43 American and five Canadian cities, making it the largest and best-organized neo-Nazi group in North America. It has more than doubled its membership since the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
Moderating Message, Expanding Contact with Similar Groups - Pierce led the organization in “moderating” its message, abandoning the Klan robes, brown Nazi-like uniforms, camouflage attire, and coarse racial slurs that other groups often sport. Leonard Zeskind of the Institute for Research and Education on Human Rights has written: “Their only uniform will be their white skins. They will seek to establish a white nation-state, with definable economic, political, and racial borders, out of the wreckage they hope to create of the United States. And from Pierce they will have learned the arts and sciences of Aryan revolution.” Along with their white power musical concerts and rallies, Alliance members have marched with neo-Confederate groups and worked with younger, more violent “skinhead” groups. Generally, the Alliance shuns many public rallies, preferring instead to “build a revolutionary infrastructure” by training what the Center for New Community will call “dedicated cadres of activists outside the eye of the public.” It has worked closely with the more overtly violent Hammerskin Nation, both in distributing “white power” music (the “Hammerskins” distribute music through Panzerfaust Records) and coordinating public activities.
White Supremacists Praise Pierce after Death - A number of white supremacist leaders will praise Pierce in the days after his death. Former Ku Klux Klan leader David Duke says Pierce “helped people think straight about the Jewish Question and the other vital realities of race.” The overtly racist British National Party (BNP) says in a statement: “The death of Dr. Pierce has opened a huge gap in the nationalist movement in the United States. We hope for the sake of the future generations of white children for whom he felt so strongly that it will not be filled by crude inferior copies of William Pierce—the man was unique!” Dan Gentry of Christian Research praises “Pierce’s love and concern for the racial camaraderie of Celto-Saxons.” Richard Butler, the head of the neo-Nazi Aryan Nations (see Early 1970s), says, “The White Aryan race has lost a great intellectual mind and a Noble Warrior for Gods [sic] eternal truth.” And Matthew Hale, the leader of the violent separatist World Church of the Creator (see May 1996 and After), writes, “We appreciate the comradeship of many National Alliance members over the years and undoubtedly [Pierce’s] presence will be missed.” [Center for New Community, 8/2002 pdf file]

Entity Tags: Cosmotheist Community Church, Resistance Records, Christian Nationalist Crusade, William Luther Pierce, British National Party, American Nazi Party, Panzerfaust Records, Pantera, Richard Girnt Butler, Matthew Hale, Erich Josef Gliebe, David Duke, Dan Gentry, National Alliance, Leonard Zeskind, Center for New Community, Gerald L.K. Smith, Hammerskin Nation

Timeline Tags: US Domestic Terrorism

The Justice Department’s Office of Legal Counsel verbally informs the CIA that Attorney General John Ashcroft has concluded that the proposed interrogation techniques being used against captured Islamist militant Abu Zubaida (see April 2002, Mid-May, 2002, and July 17, 2002) are legal. [Senate Intelligence Committee, 4/22/2009 pdf file]

Entity Tags: US Department of Justice, Abu Zubaida, Central Intelligence Agency, John Ashcroft, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), writes a secret memo to John Rizzo, the acting general counsel of the CIA. The memo is entitled: “Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency: Interrogation of al-Qaeda Operative.” It will be released seven years later, after prolonged litigation by the American Civil Liberties Union (ACLU—see April 16, 2009). It parallels another secret memo written by OLC lawyer John Yoo for White House counsel Alberto Gonzales (see August 1, 2002). The memo, written at the request of CIA officials, finds that the use of the interrogation techniques proposed for use on captured Islamist extremist Abu Zubaida are consistent with federal law (see Mid-May, 2002 and July 17, 2002). The OLC has determined that the only federal law governing the interrogation of a non-citizen detained outside the US is the federal anti-torture statute, Section 2340A of Title 18 of the US Code. Bybee’s memo goes into detail about 10 torture techniques, and explains why they are all legal to use on Abu Zubaida (see March 28, 2002), currently being held in a secret CIA “black site” in Thailand (see April - June 2002). Bybee writes that Zubaida will enter a new, “increased pressure phase” of interrogation, and will be dealt with by a “Survival, Evasion, Resistance, and Escape (‘SERE’) training psychologist, who has been involved with the interrogations since they began.” [Office of Legal Counsel, 8/1/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; Senate Intelligence Committee, 4/22/2009 pdf file]
Lack of Intent Equates Legality - As long as there is no intent to cause “severe pain or suffering,” Bybee writes, none of these techniques violate US law. “To violate the statute, an individual must have the specific intent to inflict severe pain or suffering,” Bybee writes. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture.… We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” [Office of Legal Counsel, 8/1/2002 pdf file; CNN, 4/17/2009]
Ten Techniques of Authorized Torture - Bybee explains the 10 techniques that can be used on Zubaida:
bullet Attention grasp: “The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator.”
bullet Walling: “For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and then quickly and firmly pushes the individual into the wall. It is the individual’s shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebound from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sound when the individual hits it, which will further shock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that might result from the action.”
bullet Facial hold: “The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual’s face. The fingertips are kept well away from the individual’s eyes.”
bullet Facial slap (insult slap): “With the facial slap or insult slap, the interrogator slaps the individual’s face with fingers slightly spread. The hand makes contact with the area directly between the tip of the individual’s chin and the bottom of the corresponding earlobe. The interrogator invades the individual’s personal space. The goal of the facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.”
bullet Cramped confinement: “Cramped confmement involves the placement of the individual in a confined space, the dimensions of which restrict the individual’s movement. The confined space is usually dark. The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up to 18 hours; for the smaller space, confinement lasts for no more than two hours.”
bullet Wall standing: “Wall standing is used to induce muscle fatigue. The individual stands about four to five feet from a wall with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on the wall. His fingers support all of his body weight. The individual is not permitted to move or reposition his hands or feet.”
bullet Stress positions: “A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body. Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fatigue. Two particular stress positions are likely to be used on [Zubaida]: (1) sitting on the floor with legs extended straight out in front of him with his arms raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound.”
bullet Sleep deprivation: “You have indicated that your purpose in using this technique is to reduce the individual’s ability to think on his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction. You have orally informed us that you would not deprive [Zubaida] of sleep for more than 11 days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted.”
bullet Insect confinement: “You would like to place [Zubaida] in a cramped confinement box with an insect. You have informed us he has a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a caterpillar in the box. [REDACTED]”
bullet Waterboarding: “Finally, you would like to use a technique called the “water-board.” In this procedure, the individual is bound securely on an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of ‘suffocation and incipient panic,’ i.e.,the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a beight of 12 to 24 inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally infomed us that it is likely that this procedure would not last more than 20 minutes in any one application.… You have informed us that this procedure does not inflict actual physical harm.… The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict ‘severe pain and suffering.’”
Techniques Can Be Used in Conjunction with One Another - Bybee writes: “You have informed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince [Zubaida] that the only way he can influence his surrounding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these teclmiques may be used with more than once, that repetition wllI not be substantial because the techniques generally lose their effectiveness after several repetitions.” [Office of Legal Counsel, 8/1/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; Senate Intelligence Committee, 4/22/2009 pdf file]
Factual Background for Analysis - The opinion also gives the factual background for the legal analysis, including CIA research findings on the proposed techniques and their possible effect on Zubaida’s mental health. Much of those findings uses as a touchstone the results gleaned from the military’s SERE training, which uses stressful interrogation techniques, including a form of waterboarding, against US soldiers as part of their counterterrorism training. As the Senate Intelligence Committee will later write, Bybee’s “opinion discussed inquiries and statistics relating to possible adverse psychological reactions to SERE training.” The law clearly prohibits an interrogation method “specifically intended” to inflict “severe physical or mental pain or suffering.”
No Technique Constitutes Torture, Bybee Concludes - Bybee’s opinion considers whether each of the proposed interrogation techniques, individually or in combination, might inflict “severe physical pain or suffering” or “severe mental pain or suffering” on Zubaida or other detainees. The opinion also considers whether interrogators using the technique would have the mental state necessary to violate the statute. Bybee concludes that none of the techniques used individually would inflict “severe physical pain or suffering.” Waterboarding would not inflict such harm, Bybee writes, because it inflicts neither physical damage or physical pain. Nor would it inflict extensive “physical suffering,” because the “suffering” would not extend for the period of time required by the legal definition of the term. None of the techniques, including waterboarding, would inflict “severe mental pain or suffering” as defined in the federal statute, Bybee writes. He bases this conclusion on reports from SERE training, where US soldiers are subjected to brief, strictly supervised sessions of waterboarding as part of their anti-torture training. And, Bybee writes, since the techniques individually do not constitute physical suffering, neither will they constitute such suffering in conbination, because they will not be combined in such a way as to reach that threshold. Bybee writes that the OLC lacks the information necessary to conclude whether combinations of those techniques would inflict severe mental suffering; however, because no evidence exists to suggest that a combination of the techniques would inflict an excessive level of mental harm, using the techniques in combination is not precluded. Bybee also concludes that any interrogator using these techniques would not have a specific intent to inflict severe mental or physical pain or suffering, because the circumstances surrounding the use of the techniques would preclude such intent. Therefore, Bybee concludes, none of these techniques violate the federal anti-torture statute. [American Civil Liberties Union [PDF], 1/28/2009 pdf file; Senate Intelligence Committee, 4/22/2009 pdf file]

Entity Tags: John Rizzo, Central Intelligence Agency, Bush administration (43), Office of Legal Counsel (DOJ), Jay S. Bybee, American Civil Liberties Union, John C. Yoo, US Department of Justice, Senate Intelligence Committee, Abu Zubaida, Alberto R. Gonzales

Timeline Tags: Torture of US Captives

Kevin Ryan.Kevin Ryan. [Source: Health Web Summit]Kevin Ryan is sworn in as the US Attorney for the Northern District of California. A former deputy district attorney, Ryan has served as a municipal court judge in San Francisco and a California Superior Court judge. [CBS News, 2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] Ryan comes in after the strong but contentious tenure of his predecessor, Robert Mueller, who left in 2001 to head the FBI. Mueller was succeeded for a year by interim US Attorney David Shapiro. Mueller came to the Northern District in 1998, after his predecessor, Michael Yamaguchi, resigned under fire for letting the office’s morale sink and the caseload dwindle. Mueller fired a dozen supervisors in his first six months on the job and pushed his staff to file more cases. His critics termed Mueller a dictator, but “Main Justice” in Washington considered him a star. He revamped the office and refurbished its reputation, and successfully prosecuted several high-profile cases. When Mueller left to join the FBI, the Justice Department wanted to find someone equally capable to replace him. Ryan is not only a respected judge, but a devoted Republican who routinely listens to Rush Limbaugh in his court chambers. Former federal prosecutor Rory Little says of Ryan: “He’s a real Boy Scout. He believes in the work.” Yamaguchi’s predecessor, Joseph Russoniello, chaired the search committee that selected Ryan for the job. Russoniello said that although Ryan lacks federal court experience, that deficiency should not hinder his ability to head the office. In 2002, he told a reporter, “What is important is the capacity to manage a lot of people who do have a deep understanding of the rules.” [SF Weekly, 10/4/2006] There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. [US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: US Department of Justice, Robert S. Mueller III, Michael Yamaguchi, Rory Little, Joseph Russoniello, Kevin J. Ryan

Timeline Tags: Civil Liberties

An article in Time magazine briefly mentions a key meeting between the CIA and National Security Adviser Condoleezza Rice, where top CIA officials warned Rice of an impending attack (see July 10, 2001). The meeting will be left out of the 9/11 Commission report, although CIA Director George Tenet will tell the Commission about it (see January 28, 2004). Time writes: “In mid-July, Tenet sat down for a special meeting with Rice and aides. ‘George briefed Condi that there was going to be a major attack,’ says an official; another, who was present at the meeting, says Tenet broke out a huge wall chart… with dozens of threats. Tenet couldn’t rule out a domestic attack but thought it more likely that al-Qaeda would strike overseas.” [Time, 8/4/2002] According to a transcript of Tenet’s testimony to the 9/11 Commission, he told Rice there could be an al-Qaeda attack in weeks or perhaps months, that there would be multiple, simultaneous attacks causing major human casualties, and that the focus would be US targets, facilities, or interests. As Time reports, Tenet says the intelligence focuses on an overseas attack, but a domestic attack could not be ruled out. [Washington Post, 10/3/2006] News of the meeting will emerge in 2006 (see September 29, 2006), but the 9/11 Commission members will deny they were told about it. After the transcript is shared with reporters, they will reverse their denials (see September 30-October 3, 2006). Rice will also deny the meeting took place, only to reverse her position as well (see October 1-2, 2006).

Entity Tags: George J. Tenet, 9/11 Commission, Condoleezza Rice

Timeline Tags: Complete 911 Timeline

The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
bullet He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
bullet He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
bullet He is forced to wear women’s underwear on his head and to put on a bra.
bullet He is threatened by dogs, placed on a leash, and told that his mother was a whore.
bullet He is stripped naked, shaved, and forced to bark like a dog.
bullet He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
bullet He is forced to live in a cell deprived of heat
bullet He is given large quantities of intravenous liquids and denied access to a toilet
bullet He is deprived of sleep for days on end.
bullet He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]

Entity Tags: Geneva Conventions, Mohamed al-Khatani, Donald Rumsfeld, Abigail Seltzer, Phillippe Sands

Timeline Tags: Torture of US Captives

The Los Angeles Times reports that “despite intense interrogations and investigations,” no senior al-Qaeda leaders appear to be amongst the nearly 600 detainees at the Guantanamo prison. One US official says that some usual intelligence has been gained from the detainees, but “it’s not roll-up-plots, knock-your-socks-off-kind of stuff.” This official says the detainees are mostly “low-and middle-level” fighters and supporters, not “the big-time guys” high enough to help unravel plots and understand al-Qaeda’s structure. Another official similarly says there are “no big fish” there. “Some of these guys literally don’t know the world is round.” The Times also notes that several European countries “have quietly offered to take prisoners home and put them on trial if US officials can provide evidence that they have committed a crime.” But none has been released for trial so far. [Los Angeles Times, 8/18/2002] The New York Times will confirm in June 2004 that no al-Qaeda or Taliban leaders are being held at the prison and that in fact the vast majority are innocent of any militant connections (see June 21, 2004). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Al-Qaeda

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Howard Kurtz.Howard Kurtz. [Source: CNN / ThinkProgress.org]In 2007, Washington Post media critic Howard Kurtz will say, “From August 2002 until the war was launched in March of 2003 there were about 140 front page pieces in The Washington Post making the [Bush] administration’s case for war. It was, ‘The President said yesterday.’ ‘The Vice President said yesterday.’ ‘The Pentagon said yesterday.’ Well, that’s part of our job. Those people want to speak. We have to provide them a platform. I don’t have anything wrong with that. But there was only a handful—a handful—of stories that ran on the front page, some more that ran inside the pages of the paper, that made the opposite case. Or, if not making the opposite case, raised questions.” [PBS, 4/25/2007] Kurtz will also write in an August 2004 front page Washington Post story criticizing the newspaper’s pre-war coverage, “An examination of the paper’s coverage, and interviews with more than a dozen of the editors and reporters involved, shows that The Post published a number of pieces challenging the White House, but rarely on the front page. Some reporters who were lobbying for greater prominence for stories that questioned the administration’s evidence complained to senior editors who, in the view of those reporters, were unenthusiastic about such pieces. The result was coverage that, despite flashes of groundbreaking reporting, in hindsight looks strikingly one-sided at times.” At the time, The Post’s editorial page was strongly advocating war with Iraq. For instance, a day after Colin Powell’s presentation to the UN (see February 5, 2003), the Post commented that “it is hard to imagine how anyone could doubt that Iraq possesses weapons of mass destruction.” [Washington Post, 8/12/2004]

Entity Tags: Washington Post, Bush administration (43), Howard Kurtz

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Mohammed Mansour Jabarah.Mohammed Mansour Jabarah. [Source: CBC]A number of governments are given warnings suggesting an upcoming attack on nightclubs on the island of Bali, Indonesia, but this does not prevent the bombing of two nightclubs in Bali in October 2002 (see October 12, 2002). Mohammed Mansour Jabarah, an al-Qaeda operative with Canadian citizenship, attended a meeting held in January 2002 in southern Thailand led by Hambali, an al-Qaeda leader who also heads the al-Qaeda affiliate Jemaah Islamiyah (JI). Hambali announces a new plan to target nightclubs and restaurants in Southeast Asia. A second meeting held shortly thereafter also attended by Jabarah (but not Hambali) narrowed the target to nightclubs in Bali. Jabarah was arrested in Oman in April 2002 and deported to Canada. By August, he is in the US and is interrogated by US agents, and he reveals this attack plan. He also reveals code phrases, such as the use of “white meat” to refer to US targets. As a result, the FBI completes an intelligence report on his interrogation on August 21, and passes a warning to all Southeast Asian governments immediately thereafter. A leading counterterrorism expert will later say, “There is absolutely no question [Australia] would have received [the report] under our intelligence-sharing agreement with the US, [Britain], and Canada.” [Age (Melbourne), 1/23/2003; Sydney Morning Herald, 10/10/2003] A US intelligence report in early September will list six likely targets, including two nightclubs in Bali (see Early September 2002).

Entity Tags: Jemaah Islamiyah, Federal Bureau of Investigation, Hambali, Mohammed Mansour Jabarah

Timeline Tags: Complete 911 Timeline

Although he will later come to prominence for accusing it of failing to adequately address the al-Qaeda threat before 9/11 (see March 21, 2004), in a background briefing to reporters, former counterterrorism “tsar” Richard Clarke appears to praise the Bush administration for aggressively pursuing al-Qaeda from the outset. [CNN, 3/24/2004]
'Rapid Elimination' - During the briefing, Clarke says that when the Bush administration came into office in January 2001, it had “decided then” to “vigorously pursue the existing policy” on al-Qaeda, “including all of the lethal covert action findings.” He says that in the first week of February 2001, the administration decided in principle “to add to the existing Clinton strategy and to increase CIA resources, for example, for covert action, five-fold, to go after al-Qaeda.” He says the strategy was changed “from one of rollback with al-Qaeda over the course of five years, which it had been, to a new strategy that called for the rapid elimination of al-Qaeda.”
Response to Time Magazine - Clarke responds to a recent Time magazine article that suggested the Bush administration was unwilling to adopt suggestions made in the Clinton administration because of a general animus against its foreign policy. He says: “This is the one issue where the National Security Council leadership decided continuity was important and kept the same guy around, the same team in place. That doesn’t sound like animus against, uh, the previous team to me.” He is asked, “You’re saying that the Bush administration did not stop anything that the Clinton administration was doing while it was making these decisions, and by the end of the summer had increased money for covert action five-fold?” Clarke replies, “All of that’s correct.”
No Plan, No Delay - One reporter asks about an alleged Clinton administration plan against al-Qaeda, to which Clarke responds, “There was never a plan.” Regarding problems the Clinton administration faced in dealing with the al-Qaeda threat, a reporter asks, “And none of that really changed until we were attacked [on 9/11]?” Clarke says: “No, that’s not true. In the spring, the Bush administration changed—began to change Pakistani policy, um, by a dialogue that said we would be willing to lift sanctions.… So that’s really how it started.” He is asked, “[W]hat you’re saying is that… one, there was no plan; two, there was no delay; and that actually the first changes since October of ‘98 were made in the spring months just after the [Bush] administration came into office?” Clarke replies: “You got it. That’s right.” [Fox News, 3/24/2004]
Comments Published - In March 2004, the White House will violate a long-standing confidentiality policy by authorizing Fox News to publish these comments that Clarke has made off the record (see March 24, 2004). [Columbia Journalism Review, 3/25/2004; FindLaw, 4/9/2004]
Clarke's Explanation - Around that time, when Clarke appears before the 9/11 Commission (see March 24, 2004), Commissioner James Thompson will ask him about the apparent discrepancies between his comments during this briefing and the criticisms he makes of the Bush administration in his book Against All Enemies. Clarke will explain that his briefing was in the context of Time magazine’s critical story. He will say, “So I was asked by several people in senior levels of the Bush White House to do a press backgrounder to try to explain that set of facts in a way that minimized criticism of the administration.” He will add, “I was asked to highlight the positive aspects of what the administration had done, and to minimize the negative aspects of what the administration had done.” [9/11 Commission, 3/24/2004] Former Nixon White House counsel John Dean will defend Clarke, writing, “The truth is that the background briefing simply does not conflict with anything Clarke says openly, if more bluntly, in his book.” [FindLaw, 4/9/2004]
Previous Briefing for 9/11 Congressional Inquiry - Two months before this, Clarke had briefed the 9/11 Congressional Inquiry on the Bush administration’s counterterrorism record and had been largely uncritical of its policies (see June 11, 2002).

Entity Tags: Richard A. Clarke, Clinton administration, Bush administration (43), John Dean, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Cheney speaking before the Veterans of Foreign Wars.Cheney speaking before the Veterans of Foreign Wars. [Source: White House]In a speech to the Nashville convention of the Veterans of Foreign Wars, Vice President Dick Cheney says Saddam Hussein will “seek domination of the entire Middle East, take control of a great portion of the world’s energy supplies, directly threaten America’s friends throughout the region, and subject the United States or any other nation to nuclear blackmail.” He also states unequivocally that Iraq has weapons of mass destruction. “Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction. There is no doubt that he is amassing them to use against our friends, against our allies, and against us.… What he wants is time, and more time to husband his resources to invest in his ongoing chemical and biological weapons program, and to gain possession of nuclear weapons.… Deliverable weapons of mass destruction in the hands of a terror network, or a murderous dictator, or the two working together constitutes as grave a threat as can be imagined,” he says. “The risks of inaction are far greater than the risk of action.… The Iraqi regime has in fact been very busy enhancing its capabilities in the field of chemical and biological agents, and they continue to pursue the nuclear program they began so many years ago.” Therefore he argues, the answer is not weapons inspections. “Against that background, a person would be right to question any suggestion that we should just get inspectors back into Iraq, and then our worries will be over. Saddam has perfected the game of shoot and retreat, and is very skilled in the art of denial and deception. A return of inspectors would provide no assurance whatsoever of his compliance with UN resolutions.” He also says: “Regime change in Iraq would bring about a number of benefits to the region. When the gravest of threats are eliminated, the freedom-loving peoples of the region will have a chance to promote the values that can bring lasting peace.” [White House, 8/26/2002]
First White House Assertion of Iraq's Nuclear Program - Cheney’s speech marks the first major statement from the White House regarding the Bush administration’s Iraq policy following a flood of criticisms from former officials. Significantly, the speech was not cleared by the CIA or the State Department. [Newsweek, 9/9/2002] Furthermore, Cheney’s comments dismissing the need for the return of inspectors, were not cleared by President Bush, according to White House chief of staff Andrew Card. [Newsweek, 9/9/2002] The speech creates a media stir because it is the first time a senior US official has asserted Iraq has nuclear capabilities with such certainty. The CIA is astonished by the claim. CIA official Jami Miscik will later recall: “He said that Saddam was building his nuclear program. Our reaction was, ‘Where is he getting that stuff from? Does he have a source of information that we don’t know about?’” CIA analysts redouble their efforts to collect and review evidence on Iraq and nuclear weapons, but analysts know very little. [Suskind, 2006, pp. 167-169] Cheney’s assertions are contradicted by a broad base of military experts. [Dean, 2004, pp. 138]
Powell 'Blindsided' by Cheney - Three days after the speech, a State Department source tells CNN that Secretary of State Colin Powell’s view clashes with that which was presented in Cheney’s speech, explaining that the secretary of state is opposed to any military action in which the US would “go it alone… as if it doesn’t give a damn” what other nations think. The source also says that Powell and “others in the State Department were ‘blindsided’ by Cheney’s ‘time is running out’ speech… and were just as surprised as everyone else.” [CNN, 8/30/2002] Author and Washington Post reporter Bob Woodward will later describe Powell as “dumbfounded.” [Roberts, 2008, pp. 145] Cheney did, however, inform President Bush he would be speaking to the VFW. He did not provide Bush a copy of his speech. Bush merely told Cheney, “Don’t get me into trouble.” [Dubose and Bernstein, 2006, pp. 175]
'Off Script' - Current deputy press secretary Scott McClellan will later observe that it was always a tactic of the Iraq campaign strategy for Cheney to “lean a little more forward in his rhetoric than the president.” However, McClellan will go on to say that Cheney did not always “stay on message,” and will blame Cheney’s “deep-seated certitude, even arrogance” that sometimes operates “to the detriment of the president.” Cheney’s assertion to the VFW that it would be pointless to send UN inspectors back to Iraq is, McClellan will reflect, “off script.” Bush wants to continue to “show that he [is] exhausting all diplomatic options” before invading Iraq. [McClellan, 2008, pp. 138]

Entity Tags: Colin Powell, US Department of State, George W. Bush, Central Intelligence Agency, Scott McClellan, Jami Miscik, Richard (“Dick”) Cheney, Bob Woodward

Timeline Tags: Events Leading to Iraq Invasion

Michael H. Mobbs, the special adviser to the undersecretary of defense for policy, files a six-page document asserting that “enemy combatant” Jose Padilla (see June 9, 2002) “has been closely associated with known members and leaders of the al-Qaeda terrorist network”; that he trained at al-Qaeda camps and “met with senior Osama Bin Laden lieutenant Abu Zubaida,” whom he approached “with [a] proposal to conduct terrorist operations within the United States”; and that he talked about a plan “to build and detonate a ‘radiological dispersal device…’ within the United States, possibly in Washington, D.C.” But the document also acknowledges that the “plan” was “still in the initial planning stages.” Finally, the declaration states that “it is believed that al-Qaeda members directed Padilla to return to the United States to conduct reconnaissance and/or other attacks on behalf of al-Qaeda.” The declaration concedes that the evidence on which its assertions are based are not entirely solid, noting that its intelligence sources “have not been completely candid about their association with al-Qaeda and their terrorist activities” and that “some information provided by the sources remains uncorroborated and may be part of an effort to mislead or confuse US officials.” [Fox News, 8/28/2002; Washington Post, 9/1/2002; Newsweek, 6/9/2004]

Entity Tags: Michael H. Mobbs, Jose Padilla

Timeline Tags: Torture of US Captives

Patsy Spier, an American teacher wounded in the attack. Her husband Rick Spier was killed.Patsy Spier, an American teacher wounded in the attack. Her husband Rick Spier was killed. [Source: US Department of Justice]A group of US teachers traveling in the Indonesian province of Papua (also known as Irian Jaya) are ambushed on a jungle road. Two American teachers and one Indonesian teacher are killed, and eight American teachers are injured. The ambush takes place on a road owned by the company Freeport-McMoRan, which owns an extremely lucrative gold and copper mine nearby. The road is tightly controlled by the Indonesian military, the TNI, and a military check point is only 500 yards away. The TNI quickly blames the killings on the Free Papua Movement (OPM), a separatist group in the province. But a preliminary Indonesian police investigation finds that “there is a strong possibility” the ambush was carried out by members of the Indonesian military. Other classified reports presented to Congress by the CIA and FBI suggest the TNI was behind the ambush. [Washington Post, 6/22/2003] The weeks later, a US intelligence report suggests that senior Indonesian military officials discussed an operation against Freeport shortly before the ambush (see Mid-September 2002). [Washington Post, 11/3/2002] Matthew P. Daley, deputy assistant secretary of state for East Asian and Pacific Affairs, later says: “The preponderance of evidence indicates to us that members of the Indonesian army were responsible for the murders in Papua. The question of what level and for what motive did these murders take place is of deep interest to the United States.” At the time, over 2,000 security personnel were guarding the Freeport mine, and this has been a lucrative business for the TNI. However, Freeport had made recent comments in the local media that they were planning on cutting the security forces. The Washington Post will report in 2003 that the FBI is investigating the possibility that the ambush was designed to make Freeport increase its payments to the TNI. The Post will additionally report US officials also believe that “elements of the military may have wanted to frame the [OPM] in the hope of prompting the State Department to add the group to the department’s terrorist list. If the separatists were listed as a terrorist group, it would almost guarantee an increase in US counterterrorism aid to the Indonesian military.” [Washington Post, 6/22/2003] In 2006, the New York Times will report that, despite all the evidence, “Bush administration officials [have] consistently sought to absolve the Indonesian military of any link to the killings.” In November 2005, the US officially restores ties to the TNI despite the unresolved nature of the killings. The ties had been cut for 12 years due to widespread human rights abuses by the TNI. Also in 2006, Anthonius Wamang, the main suspect in the killings who was recently arrested, will confess that he did shoot at the teachers, but so did three men in Indonesian military uniforms. Furthermore, he says he was given his bullets by a senior Indonesian soldier. Wamang is said to belong to the OPM, but a human rights group connects him to the TNI. [New York Times, 1/14/2006] After the Bali bombings less than two months later (see October 12, 2002), the Asia Times will point to the Papua ambush to suggest that elements in the TNI could have had a role in the Bali bombings as well. [Asia Times, 11/7/2002]

Entity Tags: Tentara Nasional Indonesia, Free Papua Movement, Freeport-McMoRan, Bush administration (43), Anthonius Wamang, Matthew P. Daley

Timeline Tags: Alleged Use of False Flag Attacks, Complete 911 Timeline

Some congressional leaders are reportedly briefed on the CIA’s detainee interrogation program, but what is actually said will later be disputed. The briefing is described as “a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk,” and apparently mentions waterboarding and information gleaned from detainees, according to two unnamed officials who are present and will later talk to the Washington Post.
Few, if Any, Objections Raised - Due to the feeling of “panic” following 9/11, the legislators’ attitude is described as, “We don’t care what you do to those guys as long as you get the information you need to protect the American people,” and two even ask if the methods are “tough enough.” The briefing, apparently one of the first of a series of around 30 private briefings on the CIA’s interrogation program, is for the “Gang of Eight,” the four top congressional leaders and the senior member from each party on the House and Senate intelligence committees. However, the methods used are only described in some of the briefings, and some of the meetings are just for the “gang of four”—intelligence committee members only. The groups are said to be so small because they concern highly secret covert activities, although it will later be suggested that the administration’s motivation is “partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.” One of the committee members present is Nancy Pelosi (D-CA), and other officials that receive such briefings are reported to include Jane Harman (D-CA), Bob Graham (D-FL), Jay Rockefeller (D-WV), Porter Goss (R-FL) and Pat Roberts (R-KS). Harman is said to be the only one to object at any point. The attendees’ recollections of the meeting will later vary greatly. Goss will say, “Among those being briefed, there was a pretty full understanding of what the CIA was doing… And the reaction in the room was not just approval, but encouragement,” although this may not be a reference to this specific meeting. Graham, who will leave the Senate Intelligence Committee in January 2003, will later say he has no memory of being told about waterboarding, “Personally, I was unaware of it, so I couldn’t object.” A “source familiar with Pelosi’s position” will say that she participates in a discussion of enhanced interrogation techniques, but understands they are at the planning stage at this time and are not in use. [Washington Post, 12/9/2007]
Restrictions on Information - Graham will later describe the limitations placed on legislators who receive such briefings: “In addition to the fact that the full members of the committee can’t hear what’s happening, those who are in the room are very restricted. You can’t take any notes. You can’t bring anyone with you and after the meeting, you cannot discuss what you’ve heard. So that if, for instance, there’s an issue about, is this legal under the Geneva Convention, you can’t go to someone who’s an expert on that subject and get their opinion. It’s a very limiting situation.” [CNN, 12/13/2007]
Secret Interrogations Already Underway - The CIA has been conducting aggressive interrogations since at least May 2002 (see Mid-May 2002 and After), but is has no firm legal basis to perform them until the Justice Department gives approval in August 2002 (see August 1, 2002). CIA Director George Tenet will later comment in a 2007 book, “After we received the written Department of Justice guidance on the interrogation issue, we briefed the chairmen and ranking members of our oversight committees. While they were not asked to formally approve the program as it was done under the President’s unilateral authorities, I can recall no objections being raised.” [MSNBC, 9/13/2007]

Entity Tags: Porter J. Goss, Senate Intelligence Committee, Pat Roberts, Nancy Pelosi, John D. Rockefeller, Jane Harman, Central Intelligence Agency, George J. Tenet, House Intelligence Committee, Daniel Robert (“Bob”) Graham

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The FBI decides not to charge Nabil al-Marabh on any terrorism related charge. Instead, on September 3, 2002, al-Marabh pleads guilty to illegally entering the US in June 2001 (see June 27, 2001-July 11, 2001), and is sentenced to only eight months in prison. [Chicago Sun-Times, 9/5/2002] Federal prosecutors claim that “at this time” there is no evidence “of any involvement by [al-Marabh] in any terrorist organization,” even though he has admitted to getting weapons training in Afghan training camps. [Washington Post, 9/4/2002] Numerous reported ties between al-Marabh and the 9/11 hijackers are apparently not mentioned in the trial (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). The judge states he cannot say “in good conscience” that he approves of the plea bargain worked out between the prosecution and defense, but he seems unable to stop it. He says, “Something about this case makes me feel uncomfortable. I just don’t have a lot of information.” He has a number of unanswered questions, such as how al-Marabh had $22,000 in cash and $25,000 worth of amber jewels on his possession when he was arrested, despite holding only a sporadic series of low-paying jobs. “These are the things that kind of bother me. It’s kind of unusual, isn’t it?” says the judge. [National Post, 9/4/2002] In 2003, the judge at al-Marabh’s deportation hearing will rule that al-Marabh presents “a danger to national security” and is “credibly linked to elements of terrorism” but this will not stop him from being deported.(see January 2004).

Entity Tags: Federal Bureau of Investigation, Nabil al-Marabh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Wael Hamza Julaidan.Wael Hamza Julaidan. [Source: Public domain, via Evan Kohlmmann]The US and United Nations designate Wael Hamza Julaidan a terrorist financier and freezes the funds of the Rabita Trust. Julaidan worked with bin Laden’s mentor Abdullah Azzam in the Muslim World League in Pakistan in the 1980s and was one of the founders of al-Qaeda in 1988 (see August 11-20, 1988). [US News and World Report, 12/15/2003] Julaidan’s name was on the “Golden Chain” list of early al-Qaeda funders (see 1988-1989), serving as an intermediary between bin Laden and Saudi multimillionaires. Beginning in 2000, he became director general of the Rabita Trust, a Pakistani charity which the UN determined has been funding al-Qaeda. The US froze the bank accounts of the Rabita Trust shortly after 9/11 due to suspected terrorist links, but the organization changed its name and continued to operate (see Mid-September-October 12, 2001). Julaidan is considered highly connected in Saudi Arabia and even though the Saudi government officially goes along with the terrorist designations of Julaidan and the Rabita Trust, some top Saudi officials publicly defend him. For instance, Saudi Interior Minister Prince Nawaf bin Abdul Aziz publicly suggests that Julaidan is innocent. Julaidan is not arrested and the Saudi government offers no proof that they seized any of his or Rabita’s bank accounts. In December 2003, the Washington Post will report that US and UN officials believe Julaidan continues to work with charity fronts and handles large sums of money. [Washington Post, 12/14/2003; Burr and Collins, 2006, pp. 100-101]

Entity Tags: Wael Hamza Julaidan, Osama bin Laden, Muslim World League, Nawaf bin Abdul Aziz, Abdullah Azzam, Al-Qaeda, Rabita Trust

Timeline Tags: Complete 911 Timeline

Abdulaziz Alomari filmed speaking in Afghanistan in early 2001. He stands in front of a large map of the world.Abdulaziz Alomari filmed speaking in Afghanistan in early 2001. He stands in front of a large map of the world. [Source: Spiegel TV]Details of an Al Jazeera interview with al-Qaeda leaders Khalid Shaikh Mohammed (KSM) and Ramzi bin al-Shibh (see April, June, or August 2002) are widely publicized starting on September 8, 2002. [London Times, 9/8/2002; Australian, 9/9/2002; Guardian, 9/9/2002] But there are numerous doubts about this interview, since there is no video footage and only audio footage from bin al-Shibh. It has further been suggested that the broadcast of bin al-Shibh’s voice in the interview helps in his arrest (see September 11, 2002). [Observer, 9/15/2002; CBS News, 10/9/2002] Bin al-Shibh’s voice is first broadcast on September 9, 2002, as part of uncredited narration on another documentary released that day (see September 9, 2002). His voice is only publicly identified as his on the morning of September 11, 2002, just hours before bin al-Shibh is said to be arrested. [Fouda and Fielding, 2003, pp. 159] Al Jazeera also broadcasts footage of hijacker Abdulaziz Alomari speaking against the US filmed in Afghanistan in early 2001 (see September 9, 2002) and other footage of some other hijackers (see September 9, 2002). [Financial Times, 9/11/2002]

Entity Tags: Abdulaziz Alomari, Khalid Shaikh Mohammed, Al Jazeera, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The top picture is of Waleed Alshehri. The bottom two pictures are said to be of hijackers planning the 9/11 attacks, but no faces are shown to help confirm this.The top picture is of Waleed Alshehri. The bottom two pictures are said to be of hijackers planning the 9/11 attacks, but no faces are shown to help confirm this. [Source: Spiegel TV]Al Jazeera television broadcasts video footage in which bin Laden appears to take credit for the 9/11 attacks. Some of the video footage shows some 9/11 hijackers, including Ahmed Alnami, Hamza Alghamdi, Saeed Alghamdi, Waleed Alshehri, and Wail Alshehri, talking with each other and studying maps and flight manuals. At one point, hands are shown over maps of the US and the Pentagon, but no faces are shown as this happens. One section of the video is hijacker Abdulaziz Alomari reading last will and testament in which he praises Osama bin Laden (see September 9, 2002). Al Jazeera says the video was filmed in Kandahar, Afghanistan, in early 2001. Additional footage has bin Laden hailing the hijackers as heroes, but there is no video footage of him saying this, only his voice over still photographs of the hijackers. The Financial Times will report, “But analysts cited the crude editing of the tapes and the timing of the broadcasts as reasons to be suspicious about their authenticity. The skepticism was deepened by Al Jazeera’s silence yesterday about how it had obtained the videos.” [Financial Times, 9/11/2002] Al Jazeera shows an interview of al-Qaeda leaders Ramzi bin al-Shibh and Khalid Shaikh Mohammed (KSM) around the same time (see September 8-11, 2002). Yosri Fouda, who allegedly was the one who interviewed bin al-Shibh and KSM several months earlier, will later claim that parts of the documentary were narrated by bin al-Shibh, although the voice is not identified as his. And bin al-Shibh was working on the documentary when the interview took place. [Fouda and Fielding, 2003, pp. 158-159]

Entity Tags: Ramzi bin al-Shibh, Waleed Alshehri, Hamza Alghamdi, Saeed Alghamdi, Ahmed Alnami, Osama bin Laden, Wail Alshehri

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam).Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam). [Source: FBI]The New York Times reports that 10 out of the 24 al-Qaeda leaders considered most important by the CIA before 9/11 have been killed or captured. [New York Times, 9/10/2002] The four most important figures considered still at large are:
bullet Osama bin Laden (Saudi). He will be killed in 2011 (see May 2, 2011).
bullet Ayman al-Zawahiri (Egyptian).
bullet Khalid Shaikh Mohammed (Kuwaiti/Pakistani). He will be captured in 2003 (see February 29 or March 1, 2003).
bullet Saif al-Adel (Egyptian).
Other figures considered still at large are:
bullet Abdullah Ahmed Abdullah (Egyptian).
bullet Mustafa Muhammad Fadhil (Egyptian).
bullet Mushin Musa Matwalli Atwah (Egyptian). He will be killed in 2006 (see April 12, 2006).
bullet Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam) (Kenyan). He will be killed in 2009 (see January 1, 2009).
bullet Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) (Comoros Islander). He will be killed in 2011 (see June 10, 2011).
bullet Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian) (Mauritanian).
bullet Amin ul-Haq (Afghan).
bullet Midhat Mursi (Egyptian). He will be killed in 2008 (see July 28, 2008).
bullet Anas al-Liby (Libyan). He may have been secretly captured already (see January 20, 2002- March 20, 2002).
bullet Suliman abu Ghaith (Kuwaiti).
bullet Saad bin Laden (Saudi). He apparently will be killed in 2009 (see July 22, 2009).
bullet Mustafa Ahmed al-Hawsawi (Saudi). He will be captured in 2003 (see February 29 or March 1, 2003). [New York Times, 9/10/2002]
The four leaders captured are:
bullet Abu Zubaida (Palestinian) (see March 28, 2002).
bullet Abdul Rahim al-Sharqawi (Yemeni) (see Late 2001 and February 7, 2002).
bullet Ibn al-Shaykh al-Libi (Libyan) (see December 19, 2001).
bullet Abu Zubair al-Haili (Saudi) (see June 8, 2002 and After). [New York Times, 9/10/2002]
Five of the six leaders believed killed are:
bullet Mohammed Atef (Egyptian) (see November 15, 2001).
bullet Abu Jaffa (a.k.a. Abu Jafar al-Jaziri) (Algerian).
bullet Abu Salah al-Yemeni (Yemeni).
bullet Tariq Anwar al-Sayyid Ahmad (Egyptian).
bullet Muhammad Salah (a.k.a. Nasr Fahmi Nasr Hasanayn) (Egyptian). [New York Times, 9/10/2002]
The sixth leader believed killed is not named. One year after 9/11, US intelligence identifies 20 current high-ranking al-Qaeda leaders, though it is not mentioned who the six new leaders are who replaced some of the killed or captured leaders. [New York Times, 9/10/2002] This list of leaders, while instructive, is curiously incomplete because it fails to mention al-Qaeda leaders known as important to US intelligence before 9/11, such as Hambali, Khallad bin Attash, Abd al-Rahim al-Nashiri, Thirwat Salah Shehata, Mustafa Abu al-Yazid, Ahmed Khalfan Ghailani, and Mohammed Jamal Khalifa.

Entity Tags: Mushin Musa Matwalli Atwah, Muhammad Salah, Mohammed Atef, Mustafa Ahmed al-Hawsawi, Suliman abu Ghaith, Saif al-Adel, Saad bin Laden, Usama al-Kini, Midhat Mursi, Mahfouz Walad Al-Walid, Osama bin Laden, Ibn al-Shaykh al-Libi, Abu Jaffa, Abdullah Ahmed Abdullah, Abdul Rahim al-Sharqawi, Abu Salah al-Yemeni, Abu Zubaida, Abu Zubair al-Haili, Anas al-Liby, Fazul Abdullah Mohammed, Ayman al-Zawahiri, Khalid Shaikh Mohammed, Amin ul-Haq, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Ramzi bin al-Shibh arrested in Pakistan.Ramzi bin al-Shibh arrested in Pakistan. [Source: Associated Press]Would-be hijacker Ramzi bin al-Shibh is arrested after a huge gunfight in Karachi, Pakistan, involving thousands of police. [Observer, 9/15/2002] He is considered “a high-ranking operative for al-Qaeda and one of the few people still alive who know the inside details of the 9/11 plot.” [New York Times, 9/13/2002] Khalid Shaikh Mohammed (KSM) called bin al-Shibh “the coordinator of the Holy Tuesday [9/11] operation” in an interview aired days before. Captured with him in safe house raids on the same day or the day before are approximately nine associates (see September 10-11, 2002), as well as numerous computers, phones, and other evidence. [New York Times, 9/13/2002; Time, 9/15/2002] There are conflicting claims that either Mohammed is killed in the raid [Asia Times, 10/30/2002; Daily Telegraph, 3/4/2003; Asia Times, 3/6/2003] ; shot while escaping [Australian Broadcasting Corporation, 3/2/2003] ; someone who looks like him is killed, leading to initial misidentification [Time, 1/20/2003] ; someone matching his general appearance is captured [Associated Press, 9/16/2002] ; or that he narrowly escapes capture but his young children are captured. [Los Angeles Times, 12/22/2002]

Entity Tags: Khalid Shaikh Mohammed, Ramzi bin al-Shibh

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

Ramzi Bin al-Shibh shortly after arrest. The name shown under his face is one of his aliases. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Ramzi Bin al-Shibh shortly after arrest. The name shown under his face is one of his aliases. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]In 2002 and 2003, many of the highest-ranking al-Qaeda detainees are subjected to waterboarding and other forms of interrogation generally considered to be torture (see May 2002-2003). However, Ramzi bin al-Shibh, captured in Pakistan in September 2002 and sent to a secret CIA prison (see September 11, 2002), is not waterboarded. NBC News will later claim that he agreed to talk with just the threat of waterboarding. “Bin al-Shibh was viewed as a weakling and a narcissist and the agency played heavily on that. He quickly became the most cooperative of those detained…” However, by the time bin al-Shbih is charged before a military tribunal in 2007, he once again is refusing to talk (see March 9-April 28, 2007). [MSNBC, 9/13/2007]
Tortured in Jordan Instead? - It is unknown what other interrogation techniques may have been used on him. In contradiction to the allegation that bin al-Shibh broke easily by the mere threat of torture, it will later be reported that in late 2002, he was secretly transferred to Jordanian custody for a time so he could be tortured by the Jordanian government (see Late 2002).

Entity Tags: Central Intelligence Agency, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The FBI arrests six US citizens with a Yemeni background, on information provided by the CIA: Sahim Alwan, Mukhtar al-Bakri, Faysal Galab, Yahya Goba, Shafel Mosed and Yaseinn Taher. Five are arrested in their hometown Lackawanna, a suburb of Buffalo, New York. The sixth, who is connected to the other five, is arrested in Bahrain and then transferred to the US. [CBS News, 11/9/2002] They are hereafter nicknamed “the Lackawanna Six.” They reportedly traveled to Afghanistan in April and May 2001 to join in Islamic jihad and receive military training at the Al Farooq training camp run by al-Qaeda (see April-August 2001). They also allegedly met with Osama bin Laden (see (June 2001)). They are believed to have been encouraged to go to Afghanistan by two American veteran mujaheddin, Juma al-Dosari and Kamal Derwish, who fought in the war in Bosnia and who visited Lackawanna in early 2001. [Washington Post, 7/29/2003] One month later, a federal jury indicts the Lackawanna Six on two counts of providing material support to terrorism. They are charged with supporting terrorism. If found guilty, they could face up to 15 years in prison. All of them plead not guilty. [CBS News, 10/22/2002]

Entity Tags: Yahya Goba, Yaseinn Taher, Shafel Mosed, Sahim Alwan, Federal Bureau of Investigation, Kamal Derwish, Faysal Galab, Mukhtar al-Bakri, Juma al-Dosari

Timeline Tags: Torture of US Captives, Complete 911 Timeline

US officials hold a secret meeting with Indonesian President Megawati Sukarnoputri and strongly urge her to allow the US to rendition Abu Bakar Bashir out of the country. Bashir is a radical Islamist imam alleged to be the spiritual leader of Jemaah Islamiyah (JI), al-Qaeda’s main Southeast Asian affiliate. US ambassador to Indonesia Ralph Boyce, National Security Council official Karen Brooks, and a CIA official meet with Megawati at her home in Jakarta. The interpreter is an American named Fred Burks, who will later reveal details of the meeting during an Indonesian trial. Burks claims the CIA official tells Megawati that Bashir was responsible for a series of Christmas Eve bombings in Indonesia in 2000 and asks to rendition him. Megawati had allowed the US to rendition two suspects earlier in the year, Omar al-Faruq and Muhammad Saad Iqbal Madni (see June 5, 2002 and Early January-January 9, 2002). But neither of them are Indonesian citizens, whereas Bashir is. Megawati rejects the request, saying Bashir is too popular to simply disappear without repercussions. (Megawati’s Vice President Hamzah Haz describes himself as “very close” to Bashir, and shortly after this meeting he says publicly, “If you want to arrest Abu Bakar Bashir, you will have to deal with me first” (see July 23, 2001-October 20, 2004).) Burks claims that Megawati says: “I can’t render somebody like him. People will find out.” Boyce will later claim that the US did press forcefully for Indonesia to arrest Bashir because the CIA had just learned from interrogating al-Faruq that Bashir was the head of a terrorist network that was about to attack Indonesia. However, he will deny the US wanted to rendition him. Boyce will later call the meeting the centerpiece of a month-long series of meetings with Indonesian officials in an attempt to prevent a terrorist attack in Indonesia. [BBC, 1/3/2005; Boston Globe, 3/2/2005] However, the Bali bombings take place one month later, killing over 200 (see October 12, 2002). In 2005, Bashir will be acquitted of charges that he was involved in any terrorist acts and set free after serving a year in prison on minor charges (see March 3, 2005).

Entity Tags: Megawati Sukarnoputri, Fred Burks, Central Intelligence Agency, Abu Bakar Bashir, Hamzah Haz, Karen Brooks, Mohammed Saad Iqbal Madni, Omar al-Faruq, Jemaah Islamiyah, Ralph Boyce

Timeline Tags: Complete 911 Timeline

CBS reports that in the days after the arrest of Ramzi bin al-Shibh (see September 11, 2002) and four other al-Qaeda operatives in Pakistan on September 11, 2002 (see September 10-11, 2002), “a search of the home of the five al-Qaeda suspects turned up passports belonging to members of the family of Osama bin Laden.” No more details, such as which family members, or why bin al-Shibh’s group had these passports, is given. [CBS News, 9/17/2002]

Entity Tags: Ramzi bin al-Shibh, Al-Qaeda, Bin Laden Family

Timeline Tags: Complete 911 Timeline

President Bush hosts a dinner meeting with a group of Republican governors at the White House. As deputy press secretary Scott McClellan will later recall, because the meeting is private—no press is allowed—Bush is “conspicuously candid with his former colleagues, now trusted friends and political allies.… Bush’s forthrightness about his thinking and approach on Iraq [is] revealing.” Bush boasts of the recent capture of Ramzi bin al-Shibh (see September 11, 2002) and says of Osama bin Laden, “[W]e don’t know where he is, but he has been diminished.” He then turns to Iraq: “It is important to know that Iraq is an extension of the war on terror,” he says. “In the international debate, we are starting to shift the burden of guilt to the guilty. The international community is risk averse. But I assure you I am going to stay plenty tough.” He repeats his belief that if the international community brings enough pressure to bear, the Iraqi people will take matters into their own hands: “I believe regime change can occur if we have strong, robust inspections. Saddam Hussein is a guy who is likely to have his head show up on a platter” if enough outside pressure is brought to bear. Of Hussein, Bush says: “He is a hateful, ugly, repugnant man who needs to go. He is also paranoid. This is a guy who killed his own security guards recently. I would like to see him gone peacefully. But if I unleash the military, I promise you it will be swift and decisive.” He then tells the governors how to handle questions from possible critics: “Don’t fall into the argument that there is no one to replace Saddam Hussein.… And our planning will make sure there is no oil disruption; we are looking at options to enhance oil flow.” To sum up, Bush says: “Military force is my last option, but it may be the only choice.… I’m gonna make a prediction. Write this down. Afghanistan and Iraq will lead that part of the world to democracy. They are going to be the catalyst to change the Middle East and the world.” In the questioning period, Bush tells the governors that while he intends to invade Iraq sooner rather than later, he is aware that the political timing of the decision is important, with the midterm elections approaching. He reiterates: “[I]f we have to go [into Iraq], we will be tough and swift and it will be violent so troops can move very quickly.… If we go, we will use the full force and the might of the US military (see February 25, 2003).… I believe in the power of freedom.” After the meeting, Governor John Rowland (R-CT), the chairman of the Republican Governors Association, calls the meeting a “heart to heart” on Iraq. But, McClellan will later reflect, “it was also a frank strategy powwow between the leader of a campaign and some important members of his team—a collection of local politicians who could play a crucial role in helping to generate popular support for the decision to invade.” [McClellan, 2008, pp. 139-141]

Entity Tags: George W. Bush, Bush administration (43), Scott McClellan, Saddam Hussein, Republican Governors Association, John Rowland

Timeline Tags: Events Leading to Iraq Invasion

David Albright, a physicist who helped investigate Iraq’s nuclear weapons program following the 1991 Persian Gulf War as a member of the International Atomic Energy Agency’s inspection team, concludes in a study that Iraq’s attempt to import aluminum tubes is not “evidence that Iraq is in possession of, or close to possessing, nuclear weapons” or that Iraq has an operating centrifuge plant. His assessment is based on several factors, including the fact that the tubes are made of an aluminum alloy that is ill-suited for welding. He notes that Iraq had used maraging steel and carbon fiber in its earlier attempts to make centrifuges (see (Late 1980s)). Albright also challenges the CIA’s contention the tubes’ anodized coating is an indication that they are meant to be used as rotors in a gas centrifuge. The nuclear physicist notes that the fact the tubes are anodized actually supports the theory that they were meant to be used in rockets, not a centrifuge. He cites another expert who said that an “anodized layer on the inside of the tube… can result in hampering the operation of the centrifuge.” [Albright, 10/9/2003 Sources: David Albright] Though Albright is critical of the charges being made by the Bush administration against Iraq, concerning nuclear weapons, he is no sympathizer of Saddam Hussein. He believes that Iraq has weapons of mass destruction and advocates a tough stance towards his regime. [New York Review of Books, 2/26/2004] His report is widely dispersed and is covered in detail by the Washington Post on September 19, 2002 (see September 19, 2002). Several other newspapers also cover Albright’s report. [Washington Post, 9/19/2002; Guardian, 10/9/2002; San Francisco Chronicle, 10/12/2002] It is later revealed that scientists at the Energy Department secretly worked with Albright on the report. [New York Times, 10/3/2004]

Entity Tags: David Albright, US Department of Energy

Timeline Tags: Events Leading to Iraq Invasion

Federal prosecutors say a business card found in the wreckage of Flight 93 provides a link between alleged conspirator Zacarias Moussaoui and 9/11 hijacker Ziad Jarrah. [MSNBC, 9/24/2002] The business card is in the name of one of Jarrah’s relatives, Assem Jarrah, and there are some handwritten notes on its reverse side. The notes include an address in Germany linked with Ramzi bin al-Shibh, a member of the hijacker cell in Hamburg. This is relevant to the Moussaoui case because, before Moussaoui was arrested, he associated with bin al-Shibh and received money from him (see October 2000-February 2001, Between February 23, 2001 and June 2001, and July 29, 2001-August 3, 2001). In addition, the phone number associated with bin al-Shibh’s address received a fax from Norman, Oklahoma, on July 29, 2001, when Moussaoui was living there. The circumstances of the card’s discovery are unknown. [United States of America v. Zacarias Moussaoui, a/k/a Shaqil, a/k/a Abu Khalid al Sahrawi, Defendant, 3/7/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006] The card was first reported in German newspaper Der Spiegel in mid-September 2002. [Der Spiegel (Hamburg), 9/16/2002] Interestingly, this find comes just as the case against Moussaoui is facing trouble. For instance, in late August 2002, USA Today reported that investigators had found no link between Moussaoui and the 9/11 hijackers. [USA Today, 8/29/2002] Prosecutors have been trying to get permission to play the Flight 93 cockpit voice recordings to the jury, but on September 13, the judge said, “the recordings appear to have marginal evidentiary value while posing unfair prejudice to the defendant.” [Washington Post, 9/25/2002]

Entity Tags: Assem Jarrah, Ziad Jarrah, Zacarias Moussaoui, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In an interview with CBS, FBI Director Robert Mueller states, “I can tell you there are things I wish we had done differently. That there are things we should have followed up on. But the bottom line is I do not believe that we would have been able to prevent 9/11.” Speaking about the Zacarias Moussaoui case, he says, “That took us several months, to follow that lead, and it also required the full support of the German authorities, and it would have been very, I think impossible to have followed that particular lead in the days between the time in which Moussaoui was detained and September 11th.” [CBS News, 9/25/2002] This negativism is in sharp contrast to a previous statement he made on May 21, 2002 (see May 21, 2002), as well as the opinion of many rank and file FBI officers, some of whom have made a chart showing how all the hijackers could have been caught if certain leads had been followed. [Newsweek, 6/2/2002] Mueller’s opinion on the Moussaoui case is contradicted by many, including FBI agents working on that case. [Time, 5/21/2002] The media also does not agree. For instance the Independent suggested information on Moussaoui’s computer “might have been enough to expose the Hamburg cell, which investigators believe was the key planning unit for 11 September.” [Independent, 12/11/2001]

Entity Tags: Robert S. Mueller III, Federal Bureau of Investigation, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Maher Arar.Maher Arar. [Source: Chris Wattie / Reuters]On his way home to Montreal, Maher Arar, a 34-year old IT specialist, makes a stopover at JFK International Airport in New York. He is returning alone from a family holiday with his wife and daughter in Tunisia. At the airport, Arar, who was born in Syria and has dual Syrian and Canadian citizenship, is arrested by officers wearing badges from the FBI and the New York Police Department. Arar happens to be on a terrorist watch list. A US official later says Arar has the names of “a large number of known al-Qaeda operatives, affiliates or associates” on him. [Washington Post, 11/19/2003] Canadian Solicitor General Wayne Easter later admits that Canada contributed information that led to Arar’s arrest. [Washington Post, 11/20/2003] In an interrogation room Arar asks for an attorney, but, as he later publishes on his website, is told he has no right to a lawyer because he is not an American citizen. Subsequent requests for a lawyer are ignored and the interrogation continues until midnight. His interrogators are particularly interested in another Canadian by the name of Abdullah Almalki. Arar says he has worked together with his brother, Nazih Almalki, but knows Abdullah only casually. Then, with his hands and feet in shackles, he is taken to a nearby building and put in a cell around 1 a.m. “I could not sleep,” Arar later writes. “I was very, very scared and disoriented.” [Amnesty International, 8/19/2003; CounterPunch, 11/6/2003; CBS News, 1/22/2004; Washington Post, 5/11/2004; CBC News, 11/26/2004; Maher Arar, 1/15/2005]

Entity Tags: Federal Bureau of Investigation, Abdullah Almalki, Wayne Easter, Al-Qaeda, Maher Arar

Timeline Tags: Torture of US Captives

Shortly after the Bali bombings (see October 12, 2002), the Washington Post will report: “US intelligence officials said they intercepted communications in late September [2002] signaling a strike on a Western tourist site. Bali was mentioned in the US intelligence report…” [Washington Post, 10/15/2002] In response to the Post story, the State Department will issue a statement saying they did share this information with the Australian government. The statement admits their warning discussed tourists as potential targets, but says the warning did no specify an attack on Bali on the weekend that it took place. No government urgently warns tourists to stay away from likely targets in Bali before the bombings. Australian Prime Minister John Howard will later admit that Australia received this warning, but he will claim his intelligence agency analyzed it and decided no upgrade in alert status or any special warning was warranted. [Age (Melbourne), 10/17/2002]

Entity Tags: John Howard, US Department of State, US intelligence

Timeline Tags: Complete 911 Timeline

High-ranking al-Qaeda leader Abd al-Rahim al-Nashiri is captured in the United Arab Emirates (UAE). Al-Nashiri is believed to have played a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), attended a 9/11 planning summit in Malaysia in 2000 (see January 5-8, 2000), was one of the masterminds of the 2000 USS Cole bombing (see October 12, 2000), and planned the 2002 bombing of the French oil tanker Limburg (see October 6, 2002). Said to be chief of al-Qaeda’s operations in the Persian Gulf region, he is taking flight lessons in the remote UAE region of Umm Al-Qaiwain when he is arrested by local authorities and then turned over to the CIA. An unknown number of other al-Qaeda suspects are arrested with him, but apparently they are considered less important and are not handed to the CIA as well. Most reports indicate he is arrested on November 8, 2002, about two weeks before the first media leaks about his arrest. [New York Times, 12/23/2002] However, US News and World Report will later claim that he was arrested even earlier, early in October 2002. “Al-Nashiri soon broke; he even let officials listen in as he called his associates.” This leads to intelligence on Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, and the US assassinates him with a missile strike on November 3, 2002, after trailing him for about two weeks (see November 3, 2002). [US News and World Report, 6/2/2003] Al-Nashiri will remain in secret CIA prisons until 2006 and then will be transfered to the Guantanamo Bay prison (see September 2-3, 2006).

Entity Tags: Abd al-Rahim al-Nashiri, Central Intelligence Agency, Qaed Salim Sinan al-Harethi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The Associated Press reports that Islamist militant leader Abu Musab al-Zarqawi “was in Baghdad about two months ago, and US officials suspect his presence was known to the government of Iraqi President Saddam Hussein, a defense official said…” This anonymous US official also calls al-Zarqawi among al-Qaeda’s top two dozen leaders. The article notes that “some US officials… contend the United States has no solid evidence of Iraq and al-Qaeda working together to conduct terrorist operations.” [Associated Press, 10/2/2002] But despite this caveat, just five days later, in a public speech President Bush mentions “one very senior al-Qaeda leader who received medical treatment in Baghdad this year, and who has been associated with planning for chemical and biological attacks” (see October 7, 2002). This is a reference to al-Zarqawi, and is said to be based on communications intercepts. But the same day as the speech, Knight Ridder Newspapers reports that according to US intelligence officials, “The intercepts provide no evidence that [al-Zarqawi] was working with the Iraqi regime or that he was working on a terrorist operation while he was in Iraq.” [Knight Ridder, 10/7/2002; US President, 10/14/2002] After the US invades Iraq in March 2003, evidence of this Baghdad connection will start to be questioned. Reports that al-Zarqawi was there to have a leg amputated will later be debunked (see January 26, 2003). In June 2003, Newsweek will report, “Bush Administration officials also have acknowledged that their information about al-Zarqawi’s stay in Baghdad is sketchy at best.” [Newsweek, 6/25/2003] Whether al-Zarqawi stayed in Baghdad and if the Hussein government was aware of his movements remains unclear.

Entity Tags: George W. Bush, Abu Musab al-Zarqawi

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

The New York Times reports that the FBI is refusing to allow Abdussattar Shaikh, the FBI informant who lived with 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar in the second half of 2000 (see May 10-Mid-December 2000), to testify before the 9/11 Congressional Inquiry. The FBI claims Shaikh would have nothing interesting to say. The Justice Department also wants to learn more about him. [New York Times, 10/5/2002] The FBI also tries to prevent Shaikh’s handler Steven Butler from testifying, but Butler will end up testifying before a secret session on October 9, 2002 (see October 9, 2002). Shaikh will not testify at all. [Washington Post, 10/11/2002] Butler’s testimony will uncover many curious facts about Shaikh. [New York Times, 11/23/2002; US News and World Report, 12/1/2002; US Congress, 7/24/2003; San Diego Union-Tribune, 7/25/2003]

Entity Tags: US Department of Justice, Nawaf Alhazmi, Steven Butler, Khalid Almihdhar, Federal Bureau of Investigation, Abdussattar Shaikh, 9/11 Congressional Inquiry

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

October 6, 2002: Al-Qaeda Attacks Oil Tanker

The Limburg after the attack.The Limburg after the attack. [Source: NAVSEA]Al-Qaeda conducts a suicide bombing against a French oil tanker, the Limburg. The attack takes places in the Gulf of Aden off the coast of Yemen. One crew member is killed and over 90,000 barrels of oil leak into the sea. The attack is similar to the one on the USS Cole almost two years before (see October 12, 2000) and is planned by one of the same people, Abd al-Rahim al-Nashiri. [BBC, 10/16/2002; 9/11 Commission, 7/24/2004, pp. 153]

Entity Tags: Abd al-Rahim al-Nashiri

Timeline Tags: Complete 911 Timeline

FBI agent Robert Fuller interrogates Canadian citizen Omar Khadr at Bagram Air Base in Afghanistan. Fuller is an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001), while Khadr is a minor accused of throwing a hand grenade that killed a US soldier in Afghanistan. The interrogation lasts from October 7 to October 22. On the first day, Fuller shows Khadr a black-and-white photograph provided by the FBI in Massachusetts of Maher Arar, a Canadian terror suspect the US has been holding in New York (see September 26, 2002). Fuller will later say that Khadr identifies Arar as someone he has seen in a safe house run by al-Qaeda in Afghanistan and that he also “may have” seen Arar at a terror training camp near Kabul. However, at the time Khadr says he saw Arar in Afghanistan—September and October 2001—Arar was first in the US and then in Canada under surveillance by the local authorities, according to Walter Ruiz, a lawyer who will later represent Khadr. Ruiz will also point out that it takes Khadr several minutes to identify Arar. Another of Khadr’s lawyers, Lieutenant Commander Bill Kuebler, will say that Khadr repeatedly lies to his interrogators to avoid being abused. Deputy Attorney General Larry Thompson decides that Arar will be deported to Syria on this day (see October 7, 2002), and the deportation is soon carried out (see October 8, 2002). However, it is unclear whether Thompson’s decision is motivated by Fuller’s interrogation of Khadr or other factors. [CBC News, 1/20/2009; Canwest News Service, 1/20/2009] Fuller will testify about the identification at a Guantanamo hearing (see January 19, 2009), but facts calling it into question will emerge under cross-examination (see January 20, 2009).

Entity Tags: Robert Fuller, Federal Bureau of Investigation, Maher Arar, Walter Ruiz, Omar Khadr, William Kuebler

Timeline Tags: Torture of US Captives

A suspect in the 1995 Bojinka plot is arrested in the Philippines but is soon deported. Mohammed Amin al-Ghafari is believed to have played a key role in financing the Bojinka plot (see June 1994). After the Bojinka plot was foiled, he stayed in the Philppines and effectively took over a charity that is believed to have helped fund the plot (see 1995 and After). He is widely believed to be the successor to the local operations of Mohammed Jamal Khalifa, bin Laden’s brother-in-law. The Philippine military arrested al-Ghafari after concluding he was a mastermind in an October 2, 2002 bombing that killed one US soldier and three civilians in the southern city of Zamboanga. [Manila Times, 10/9/2002; Manila Standard Today, 10/19/2002] Another mastermind of the bombing, Abu Sayyaf leader Abdulmukim Edris, will later be alleged to be a government mole (see October 2-November 12, 2002). One intelligence official says al-Ghafari had been “placed under surveillance after we established that he was in constant contact with members of Jemaah Islamiyah, mostly Indonesians, in the country, Abu Sayyaf bandits, and the Moro Islamic Liberation Front (MILF).” [Philippine Star, 10/9/2002] He is also accused of heading another group that funded two new al-Qaeda training camps in the Philippines. [Gulf News, 10/11/2002] Further, al-Ghafari’s brother belongs to the banned Palestinian militant group Hamas, and a foundation he controls was used as a gathering place for suspected Hamas sympathizers. The Manila Times will report that while some Philippine investigators had been interested in apprehending him for years, others in the government had protected him. For instance, Rex Piad, the Deputy Director-General of the national police, confirmed he helped al-Ghafari get two clearances that allowed him to stay in the country. Furthermore, Piad and retired generals Eduardo Cuadra and Percival Adiong “are directors of the Islamic Wisdom Worldwide Mission (IWWM), a foundation headed by al-Ghafari and a suspected conduit of funds for terrorist operations.” [Manila Times, 10/9/2002] In 1999, it was reported that bin Laden was funding Muslim militants through the IWWM and other charities, but these charities stayed open (see February 15, 1999). It is reported that al-Ghafari had long been in contact with Philippine intelligence agents, who tried to recruit him as a spy, supposedly unsuccessfully. He was going to meet with agents the night he was arrested. [Gulf News, 10/11/2002] On November 8, al-Ghafari is deported to Jordan. [Manila Standard Today, 11/9/2002] The Zamboanga bombing will be blamed on Abu Sayyaf, a group that has often been accused of colluding with the Philippine government. [Manila Standard Today, 4/26/2006]

Entity Tags: Mohammed Jamal Khalifa, Philippine National Police, Percival Adiong, Mohammed Amin al-Ghafari, Moro Islamic Liberation Front, Jemaah Islamiyah, Eduardo Cuadra, Hamas, Islamic Wisdom Worldwide Mission, Abu Sayyaf, Abdulmukim Edris, Rex Piad

Timeline Tags: Complete 911 Timeline

San Diego FBI agent Steven Butler reportedly gives “explosive” testimony to the 9/11 Congressional Inquiry. Butler, recently retired, has been unable to speak to the media, but he was the handler for Abdussattar Shaikh, an FBI informant who rented a room to 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar. Butler claims he might have uncovered the 9/11 plot if the CIA had provided the FBI with more information earlier about Alhazmi and Almihdhar. [US News and World Report, 12/1/2002] He says, “It would have made a huge difference.” He suggests they would have quickly found the two hijackers because they were “very, very close.… We would have immediately opened… investigations. We would have given them the full court press. We would… have done everything—physical surveillance, technical surveillance, and other assets.” [US Congress, 7/24/2003 pdf file; San Diego Union-Tribune, 7/25/2003] Butler discloses that he had been monitoring a flow of Saudi Arabian money that wound up in the hands of two of the 9/11 hijackers, but his supervisors failed to take any action on the warnings. It is not known when Butler started investigating the money flow, or when he warned his supervisors. [US News and World Report, 12/1/2002] The FBI had tried to prevent Butler from testifying, but was unsuccessful. [Washington Post, 10/11/2002] Following Butler’s testimony, Staff Director Eleanor Hill “detail[s] his statements in a memo to the Justice Department.” The Justice Department will decline comment on the matter, saying Butler’s testimony is classified. [US News and World Report, 12/1/2002] This testimony doesn’t stop the US government from deporting Basnan to Saudi Arabia several weeks later. [Washington Post, 11/24/2002]

Entity Tags: Nawaf Alhazmi, Central Intelligence Agency, Federal Bureau of Investigation, Khalid Almihdhar, 9/11 Congressional Inquiry, Abdussattar Shaikh, Steven Butler

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The House votes to give President Bush sweeping authorization to use military force against Iraq, on an overwhelming 296-133 vote. One hundred and twenty-six Democrats vote against the bill even though House Minority Leader Richard Gephardt (D-MO) co-authored it. House Majority Leader Dick Armey (R-TX) issues a veiled warning to the president to use his newly granted powers judiciously: “Mr. President, we are about to give you a great trust.” After the bill passes the House, Bush says, “The days of Iraq acting as an outlaw state are coming to an end… [t]he gathering threat of Iraq must be confronted fully and finally.” One of the opponents of the House bill, John Spratt (D-SC), says that without an international diplomatic approach, “this will be the United States versus Iraq and in some quarters the US versus the Arab and the Muslim world.” Commenting on the passing of the resolution, the Washington Post reports: “Yesterday’s debate often lacked the passion and unpredictability of the 1991 affair, when members sat late into the night listening attentively to a war of words. By contrast, the House chamber was largely empty most of yesterday: the arguments familiar, the outcome certain, the conclusion anticlimactic.” [White House, 10/2/2002; PBS, 10/10/2002; Washington Post, 10/11/2002] Bush calls on the Senate to pass the bill (see October 11, 2002) so it can be signed into law as soon as possible (see October 16, 2002). The Senate overwhelmingly approves the resolution the next day. [PBS, 10/10/2002; US Senate, 10/11/2002] The AUMF contains a caveat in the authorization that conditions Congress’s authorization of military force on a formal determination by Bush that Iraq poses a threat to the US that cannot be contained diplomatically, and that any military action against Iraq must be consistent with the war against those who attacked the US on 9/11 (see March 18, 2003). The US media virtually ignores this condition, and therefore the Bush administration does not feel particularly bound by it. Congress asks for the formal declaration either before launching an attack or within 48 hours of the attack, and insists that the declaration contain solid evidence of the impossibility of further diplomacy, and of Iraq’s connection to the 9/11 terrorists. [Dean, 2004, pp. 143-148]

Entity Tags: Richard Gephardt, John Spratt, Bush administration (43), Dick Armey, George W. Bush, Washington Post

Timeline Tags: Events Leading to Iraq Invasion

Lieutenant Colonel Diane Beaver, the top legal adviser to the Army’s interrogation unit at Guantanamo, JTF-170, writes a legal analysis of the extreme interrogation techniques being used on detainees. Beaver notes that some of the more savage “counter-resistance” techniques being considered for use, such as waterboarding (the use of which has resulted in courts-martials for users in the past) might present legal problems. She acknowledges that US military personnel at Guantanamo are bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assaults” as felonies. However, she reasons, if interrogators can obtain “permission,” or perhaps “immunity,” from higher authorities “in advance,” they might not be legally culpable. In 2006, a senior Defense Department official calls Beaver’s legal arguments “inventive,” saying: “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify. I don’t know whether we’ve ever faced the question of immunity in advance before.” The official praises Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” Beaver will later be promoted to the staff of the Pentagon’s Office of General Counsel, where she will specialize in detainee issues. But Naval General Counsel Alberto Mora is less impressed. When he reads Beaver’s legal analysis two months later (see December 17-18, 2002), he calls it “a wholly inadequate analysis of the law.” According to Mora, the Beaver memo held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantanamo detainees with near impunity.” Such acts are blatantly illegal, Mora believes. Mora will note that Defense Secretary Donald Rumsfeld bases his decision to approve such harsh “counter-resistance” techniques (see December 2, 2002) in part on Beaver’s memo. He will write that Rumsfeld’s decision “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld will draw any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. As such, this vagueness of language “could produce effects reaching the level of torture,” which is prohibited without exception both in the US and under international law. [New Yorker, 2/27/2006]
Written under Difficult Circumstances - Beaver later tells a more complete story of her creation of the memo. She insists on a paper trail showing that the authorization of extreme interrogation techniques came from above, not from “the dirt on the ground,” as she describes herself. The Guantanamo commander, Major General Michael Dunlavey, only gives her four days to whip up a legal analysis, which she sees as a starting point for a legal review of the interrogation policies. She has few books and materials, and more experienced lawyers at the US Southern Command, the Judge Advocate General School, the Joint Chiefs of Staff, and the DIA refuse to help her write the analysis. She is forced to write her analysis based on her own knowledge of the law and what she could find on the Internet. She bases her analysis on the previous presidential decision to ignore the Geneva Conventions, later recalling, “It was not my job to second-guess the president.” Knowing little of international law, she ignores that body of law altogether. She fully expects her analysis to be dissected and portions of it overridden, but she is later astonished that her analysis will be used as a legal underpinning for the administration’s policies. She has no idea that her analysis is to be used to provide legal cover for much more senior White House officials (see June 22, 2004). She goes through each of the 18 approved interrogation techniques (see December 2, 2002), assessing them against the standards set by US law, including the Eighth Amendment, which proscribes “cruel and unusual punishment,” the federal torture statutes, and the Uniform Code of Military Justice. Beaver finds that each of the 18 techniques are acceptable “so long as the force used could plausibly have been thought necessary in a particular situation to achieve a legitimate government objective, and it was applied in a good faith effort and not maliciously or sadistically for the very purpose of causing harm.” Law professor Phillippe Sands later observes: “That is to say, the techniques are legal if the motivation is pure. National security justifies anything.” The interrogators must be properly trained, Beaver notes, and any interrogations involving the more severe techniques must “undergo a legal, medical, behavioral science, and intelligence review prior to their commencement.” However, if all of the criteria are met, she “agree[s] that the proposed strategies do not violate applicable federal law.” Sands points out that her use of the word “agree” indicates that she “seems to be confirming a policy decision that she knows has already been made.”
'Awful' but Understandable - Sands later calls her reasoning “awful,” but understands that she was forced to write the memo, and reasonably expected to have more senior legal officials review and rewrite her work. “She could not have anticipated that there would be no other piece of written legal advice bearing on the Guantanamo interrogations. She could not have anticipated that she would be made the scapegoat.” Beaver will recall passing Vice President Cheney’s chief of staff David Addington in a Pentagon hallway shortly after she submitted the memo. Addington smiled at her and said, “Great minds think alike.” [Vanity Fair, 5/2008]

Entity Tags: Michael E. Dunlavey, Donald Rumsfeld, Diane E. Beaver, Defense Intelligence Agency, David S. Addington, Alberto Mora, Geneva Conventions, Judge Advocate General School, US Department of Defense, US Department of the Army, Phillippe Sands, Joint Chiefs of Staff, US Southern Command

Timeline Tags: Torture of US Captives, Civil Liberties

An explosion lights up the sky on the island of Bali, Indonesia.An explosion lights up the sky on the island of Bali, Indonesia. [Source: Agence France-Presse]A car bomb detonates in front of a discotheque at Kuta Beach, on the Indonesian resort island of Bali, starting a fire that rages through a dozen buildings. A backpack-mounted device carried by a suicide bomber explodes in another Kuta Beach discotheque. 202 people are killed and 209 are injured. Eighty-eight of those killed are Australian, while most of the rest are Indonesian. A much smaller device explodes outside the US consulate in nearby Denpasar, causing only minor damage and no casualties. No group claims responsibility, but Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia, is believed to be behind the bombings. [New York Times, 10/13/2002; New York Times, 10/14/2002; BBC, 2/19/2003] Hambali, a key leader in both al-Qaeda and JI, is said to have been involved. He will be arrested in 2003 and taken into US custody (see August 12, 2003). [Chicago Tribune, 12/7/2003] Three alleged JI operatives, Ali Gufron (a.k.a. Mukhlas), Imam Samudra, and Amrozi bin Nurhasyim, will be arrested in Indonesia and sentenced to death in 2003 for their roles in the Bali bombings. Ali Imron, brother to both Gufron and Amrozi, will be sentenced to life in prison. [New York Times, 9/19/2003; New York Times, 10/3/2003] JI operatives Dulmatin, Azhari Husin, and Noordin Mohammed Top also are said to have major roles in the bombings. Husin will be killed in a police shootout in 2005, while Dulmatin and Top remain at large (see October 6, 2005 and After). It will later turn out that the US was given a “stunningly explicit and specific” advanced warning that Hambali and JI were planning to attack nightclubs in Bali (see August 21, 2002).

Entity Tags: Ali Gufron, Azhari Husin, Dulmatin, Amrozi bin Nurhasyim, Imam Samudra, Ali Imron, Hambali, Noordin Mohammed Top, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives

The US embassy in Rome faxes the Niger documents to the State Department’s Bureau of Nonproliferation, which then passes a copy of the documents to the Bureau of Intelligence and Research (INR), the State Department’s intelligence bureau. [US Congress, 7/7/2004, pp. 58] Simon Dodge, an INR nuclear analyst, receives a copy, and after a brief review of the documents immediately suspects that they are bogus. One particularly strange document that is included in the Niger papers describes a secret meeting that allegedly took place on June 14, 2002 at the home of the Iraqi ambassador in Rome. According to the document, the meeting was attended by military officials from Iraq, Iran, Sudan, Libya, and Pakistan. The purpose of the meeting was to form a coalition of Islamic nations against the West. They would seek “Global Support,” which would include backing from the “Islamic patriots accused of belonging to criminal organizations.” Dodge finds the scenario depicted in the document “completely implausible.” He notices that the document bears the same official seal that is stamped on the Niger documents. He concludes that the documents are probably all fakes, and he sends an email to other analysts in the intelligence community explaining this conclusion. [US Congress, 7/7/2004, pp. 58; Isikoff and Corn, 2006, pp. 162; CBS News, 4/23/2006] According to one unnamed CIA official, “Everybody knew at every step of the way that they were false—until they got to the Pentagon, where they were believed.” [New Yorker, 10/27/2003] Copies also go to nuclear experts at the DIA, the Department of Energy, and the NSA. Wayne White, the deputy director of the INR and the INR’s principal Iraq analyst, reviews the documents himself. Within 15 minutes he too begins doubting their authenticity (see Mid-October 2002). [Unger, 2007, pp. 261]

Entity Tags: Simon Dodge, National Security Agency, Bureau of Intelligence and Research, Central Intelligence Agency, US Department of Energy, Defense Intelligence Agency, Wayne White

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

A CIA officer who served with Alec Station, the CIA’s bin Laden unit, before 9/11 is interviewed by CIA Director George Tenet about a failure to pass on information to the FBI about one of the 9/11 hijackers, Khalid Almihdhar. Although information about Almihdhar’s US visa was not passed to the FBI, the officer, Michael Anne Casey, drafted a cable falsely stating that it had been passed (see Around 7:00 p.m. January 5, 2000). According to Tenet’s testimony to the 9/11 Congressional Inquiry (see October 17, 2002), Casey “believes she never would have written this cable unless she believes this had happened.” Tenet will be impressed with Casey, calling her a “terrific officer” at an open hearing of the inquiry. [New York Times, 10/17/2002] However, it was Casey herself who blocked the cable, on the orders of her boss, Tom Wilshire (see 9:30 a.m. - 4:00 p.m. January 5, 2000). In addition, the day after she sent the cable falsely stating the information had been passed, she again insisted that the information not be provided to the FBI (see January 6, 2000). Casey will later repeat the same lie to the Justice Department’s inspector general (see February 2004).

Entity Tags: George J. Tenet, Central Intelligence Agency, Michael Anne Casey

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In sworn testimony to the 9/11 Congressional Inquiry, CIA Director George Tenet repeatedly claims that a March 2000 cable sent to CIA headquarters reporting that hijacker Nawaf Alhazmi had entered the US was not read by anybody. He says, “I know that nobody read that cable,” “Nobody read that cable in the March timeframe,” and “[N]obody read that information only cable.” [New York Times, 10/17/2002] Former Counterterrorist Center Director Cofer Black will also claim that the cable was not read. [US Congress, 7/24/2003, pp. 51 pdf file] However, a later investigation by the CIA Office of Inspector General will find that numerous CIA officers had actually read the cable shortly after it was sent (see March 6, 2000 and After). Nevertheless, the 9/11 Commission will later assert that, “No-one outside the Counterterrorist Center was told any of this” (about Alhazmi’s arrival in the US) and neglect to mention that Tenet had previously misstated the CIA’s knowledge of the hijackers. Neither will the 9/11 Commission investigate the cause of the CIA’s apparent inaction. [9/11 Commission, 7/24/2004, pp. 181]

Entity Tags: 9/11 Congressional Inquiry, 9/11 Commission, Nawaf Alhazmi, Cofer Black, George J. Tenet

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA releases a more complete review of the Iraq-Niger documents (see Afternoon October 7, 2002 and October 9, 2002) in a Senior Executive Intelligence Brief (SEIB). The briefing notes the new intelligence on the documents, but adds what Washington Post reporter Peter Eisner will call “important caveats,” including the fact that there is no corroboration for the claims made in the documents, and that Iraq has “no known facilities for processing or enriching” uranium. The SEIB is classified and is distributed only to senior policymakers, as well as the House and Senate Intelligence Committees. [Washington Post, 4/3/2007]

Entity Tags: Senate Intelligence Committee, Central Intelligence Agency, Peter Eisner, House Intelligence Committee

Timeline Tags: Niger Uranium and Plame Outing

German investigators believe they know of nine people who are still living and who played roles in assisting the 9/11 plot, the Chicago Tribune reports. An unnamed senior German intelligence official says he believes these nine cover everyone linked to the al-Qaeda Hamburg cell who helped plan, finance, or carry out the plot. However, he says “there may be people still in Hamburg who had a certain knowledge” of the plot. The nine are:
bullet Ramzi Bin al-Shibh, a Yemeni. He is considered the head of the 9/11 plot in Germany while the hijackers were living in the US. He was captured in Pakistan in 2002 and put in the secret CIA prison system (see September 11, 2002).
bullet Mounir El Motassadeq, a Moroccan. He knew the others in the Hamburg cell and trained in Afghanistan (see May 22 to August 2000). He has been arrested and charged with a role in the 9/11 plot. He will later be convicted (see January 8, 2007).
bullet Abdelghani Mzoudi, a Moroccan. Mzoudi lived with Mohamed Atta and others in the Hamburg cell, and he is alleged to have attended a training camp in Afghanistan in 2000 (see Summer 2000). He has been arrested in Germany and charged with a role in the 9/11 attacks. He will later be acquitted after the US fails to cooperate with German prosecutors (see February 5, 2004-June 8, 2005).
bullet Barakat Yarkas, a Spaniard. He is alleged to be the leader of al-Qaeda in Spain. Germans believe he helped arrange a meeting between Atta and bin al-Shibh in Spain two months before 9/11 (see July 8-19, 2001). He is imprisoned in Spain on various terrorism charges. He will later be convicted to 12 years in prison, but not for any role in 9/11 (see September 26, 2005).
bullet Mohammed Haydar Zammar, a Moroccan. He was investigated for al-Qaeda ties for years prior to 9/11. He was captured in Morocco after 9/11 and renditioned to a prison in Syria (see December 2001).
bullet Said Bahaji, a German. He is said to be a computer expert who taught Atta and others how to use computers to communicate. He fled Germany just before 9/11 (see September 3-5, 2001). There is a warrant for his arrest (see September 21, 2001), but he remains free.
bullet Zakariya Essabar, a Moroccan. He lived with Atta, Bahaji, and others. He trained in Afghanistan and attempted to get a US visa (see January-October 2000). He fled Germany just before 9/11 (see Late August 2001). There is a warrant for his arrest (see October 19, 2001), but he remains free overseas.
bullet Mamoun Darkazanli, a Syrian. He had been investigated for al-Qaeda ties for years before 9/11 (see 1993), and he knew Atta, Marwan Alshehhi, and other members of the Hamburg cell (see October 9, 1999). He remains free in Germany (see November 11, 2010).
bullet Abdul-Matin Tatari, a Syrian. He runs a textile company called Tatex Trading that investigators suspect helped get money and visas for al-Qaeda operatives (see September 10, 2002-June 2003). He was questioned on September 10, 2002, but he remains free in Germany. [Chicago Tribune, 10/22/2002]
More than Just Nine - But a few months later, the Chicago Tribune will report that investigators believe there are many more members of the Hamburg cell than was previously reported (see February 25, 2003). For instance, one likely participant who will only become publicly known many years later is Naamen Meziche. He was friends with Atta and others in the Hamburg cell, and he will be killed by a US drone strike in Pakistan in 2010 (see October 5, 2010).

Entity Tags: Marwan Alshehhi, Barakat Yarkas, Abdul-Matin Tatari, Abdelghani Mzoudi, Mamoun Darkazanli, Zakariya Essabar, Said Bahaji, Ramzi bin al-Shibh, Naamen Meziche, Mounir El Motassadeq, German intelligence community, Mohamed Atta, Mohammed Haydar Zammar

London imam Abu Qatada is arrested at a house in South London by Scotland Yard and MI5 officials. Intelligence agencies in eight countries, including Italy, France, and Germany, have claimed that Qatada has extensive al-Qaeda links, and he is believed to be a member of al-Qaeda’s fatwa (religious) committee (see June 1996-1997). Using anti-terrorist laws passed in December 2001, he is held at the Belmarsh high security prison without charge. He “disappeared” hours before the new laws went into effect (see Early December 2001). Several days before his arrest, Qatada came out of hiding to release a new document justifying the 9/11 attacks. He posted a ten-page document on the Internet entitled “The Legal Vision for the September 11 Events.” In it, he outlined the “moral” case for the attacks and praised Osama bin Laden for challenging the US. [London Times, 10/25/2002] Another radical London imam, Sheik Omar Bakri Mohamed, tells the press that Abu Qatada was arrested after family members visited his house and one of them used a cell phone that was apparently traced by the authorities. [New York Times, 10/26/2002] Qatada worked as an MI5 informant beginning in 1996 (see June 1996-February 1997).

Entity Tags: Abu Qatada, UK Security Service (MI5), Sheikh Omar Bakri Mohammed

Timeline Tags: Complete 911 Timeline

The US and the United Nations officially declare Jemaah Islamiyah (JI) to be a terrorist organization. JI is considered to be al-Qaeda’s main affiliate in Southeast Asia. Australia, Malaysia, New Zealand, Indonesia, and other nations support the UN declaration. The Indonesian government had previously maintained that JI did not even exist, but immediately changed its position on JI after the Bali bombings earlier in the month (see October 12, 2002). However, even though the Indonesian government supports the UN declaration, it does not actually declare JI an illegal organization within Indonesia. [New York Times, 10/24/2002; Associated Press, 10/31/2002] It will take until 2008 for an Indonesian court to officially declare JI an illegal organization (see April 21, 2008). The key breakthrough to identifying the bombers takes place on November 2, 2002. The first suspect, an alleged JI operative named Amrozi bin Nurhasyim, is arrested on November 5. [BBC, 12/3/2002] Indonesia officially declares JI the prime suspect in the bombings on November 16. [Jakarta Post, 1/3/2003]

Entity Tags: United States, Jemaah Islamiyah, Amrozi bin Nurhasyim, United Nations

Timeline Tags: Complete 911 Timeline

Shortly after the October 11, 2002, request by Guantanamo commander Major General Michael Dunlavey for approval of new, harsh interrogation techniques, and after Guantanamo legal counsel Diane Beaver submitted her analysis justifying the use of those techniques (see October 11, 2002), General James T. “Tom” Hill forwards everything to General Richard Myers, the chairman of the Joint Chiefs of Staff. Hill includes a letter that contains the sentence, “Our respective staffs, the Office of the Secretary of Defense, and Joint Task Force 170 [the Army unit in charge of interrogating Guantanamo detainees] have been trying to identify counter-resistant techniques that we can lawfully employ.” In the letter, Hill is clearly ambivalent about the use of severe interrogation methods. He wants the opinion of senior Pentagon lawyers, and requests that “Department of Justice lawyers review the third category [the most severe] of techniques.” But none of this happens. The Joint Chiefs should have subjected the request to a detailed legal review, including scrutiny by Myers’s own counsel, Jane Dalton, but instead, Pentagon general counsel William J. Haynes short-circuits the approval process. Navy General Counsel Alberto Mora recalls Dalton telling him: “Jim pulled this away. We never had a chance to complete the assessment.” Myers later recalls being troubled that the normal procedures had been circumvented. Looking at the “Haynes Memo,” Myers will point out, “You don’t see my initials on this.” He notes that he “discussed it,” but never signed off on it. “This was not the way this should have come about.” Myers will come to believe that there was “intrigue” going on “that I wasn’t aware of, and Jane wasn’t aware of, that was probably occurring between [William J.] Haynes, White House general counsel [Alberto Gonzales], and Justice.” Instead of going through the proper channels, the memo goes straight to Haynes, who merely signs off with a note that says, “Good to go.” [Vanity Fair, 5/2008]

Entity Tags: Joint Chiefs of Staff, US Department of Justice, Diane E. Beaver, Alberto R. Gonzales, Alberto Mora, James T. Hill, Jane Dalton, Richard B. Myers, Michael E. Dunlavey, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Six of Indonesia’s main newspapers, including the Jakarta Post, Jawa Pos, and Bali Pos, suggest that several high-ranking Indonesian government figures could be suspects in the Bali bombings that took place earlier in the month (see October 12, 2002). These newspapers note that Gen. Djaja Suparman and former Jakarta police chief Nugroho Jayusman had flown to Bali just before the bombings. Army chief of staff Gen. Ryamizard Ryacudu was also reportedly in Bali at the time of the bombings. [Jakarta Post, 1/3/2003; Pacific Media Watch, 3/31/2003] Gen. Endriartono Sutarto, head of the Indonesian military, admits to the movements, but claims that Suparman was on vacation, while Riyacudu was in Bali for “health reasons.” An Indonesian human-rights activist says, “General Suparman is one of the generals who was behind the extremist jihad groups. He set up militias composed of gangsters and religious fanatics to counter student demonstrations in 1998. One of these militias, Pram Swarkasa, became the embryo of Laskar Jihad.” Laskar Jihad collaborated with the Indonesian military to kill thousands of Christians in the Indonesian province of Maluku in previous years (see January 1999-July 2001); al-Qaeda and its Southeast Asian affiliate Jemaah Islamiyah provided assistance (see Late 2000-Mid-2001). [Asia Times, 11/7/2002] Wimar Witoelar, spokesman for the previous Indonesian president, Abdurrahman Wahid, also says around this time, “The plot is probably hatched by hardline military rogues. This is certainly an excuse for a military takeover unless it is pre-empted.” Suparman threatens to sue for libel, as does Sutarto, who is accused by the Washington Post around the same time for tacitly approving the killing of a group of US citizens in Indonesia less than two months before the Bali bombings (see Mid-September 2002). But the lawsuits apparently never occur, and an Indonesian press council apparently never rules if the newspapers were irresponsible for making the allegations. None of the government figures are ever charged or officially named as suspects in the bombings. [Jakarta Post, 11/9/2002; Pacific Media Watch, 3/31/2003; Reporters without Borders, 6/3/2004]

Entity Tags: Laskar Jihad, Tentara Nasional Indonesia, Nugroho Jayusman, Wimar Witoelar, Djaja Suparman, Ryamizard Ryacudu

Timeline Tags: Complete 911 Timeline

A group of militants thought to be linked to Afghan warlord Gulbuddin Hekmatyar and his Hezb-e-Islami organisation are captured in Pakistan. One man arrested is Gul Rahman, who will later freeze to death at a CIA-controlled prison in Afghanistan (see November 20, 2002). Another is Ghairat Baheer, a doctor and Hekmatyar’s son-in-law. Hekmatyar was a CIA ally during the Soviet-Afghan war (see (1986)), but is now linked to al-Qaeda. According to Baheer, Rahman had driven from Peshawar, Pakistan, in the northwest frontier to Islamabad for a medical checkup. He is staying with Baheer, an old friend, when US agents and Pakistani security forces storm the house and take both men, two guards, and a cook into custody. [Associated Press, 3/28/2010]

Entity Tags: Gul Rahman, Ghairat Baheer

Timeline Tags: Torture of US Captives

Two detainees, Gul Rahman and Ghairat Baheer, are transferred from Pakistan to the CIA-controlled Salt Pit black site in Afghanistan. Baheer will say that he was separated from Rahman about a week after they were captured (see October 29, 2002) and they were both moved to the prison, so presumably they are transferred there together. [Associated Press, 3/28/2010] Rahman will later die at the prison (see November 20, 2002).

Entity Tags: Gul Rahman, Ghairat Baheer, Central Intelligence Agency

Timeline Tags: Torture of US Captives

The CIA approves four standard interrogation techniques for use against detainees. The techniques are:
bullet Sleep deprivation, which should not exceed 72 hours;
bullet Continual use of light or darkness in a cell;
bullet Loud music; and
bullet White noise, meaning a background hum.
These standard techniques can be used in addition to 10 enhanced techniques such as waterboarding (see Mid-March 2002). The limit on sleep deprivation as a standard technique will later be reduced (see December 2003), although when the tactic is used as an enhanced technique the maximum is 11 days. [Central Intelligence Agency, 5/7/2004, pp. 15, 40 pdf file]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

On November 2, 2002, only three weeks after the 2002 Bali bombings (see October 12, 2002), the Australian and Indonesian teams investigating the attacks say they have finished their initial forensic analysis of the bomb site. One forensic team member says, “We have all we need to nail these bad guys down.” [New York Times, 11/2/2002; Jakarta Post, 1/3/2003] That same day, investigators get their first big break when they discover the vehicle identification number of the chassis of the van used by some of the bombers. [BBC, 12/3/2002] The first arrest of an officially suspected bomber, Amrozi, takes place on November 5. He had bought the van. He immediately confesses to taking part in the bombings. Other arrests, including the arrest of an alleged mastermind of the bombings, Imam Samudra, follow in the next weeks and months. [Jakarta Post, 1/3/2003] Most Balinese are Hindu, and on November 15, the island holds a large public Hindu ritual purifying the bomb sites. The next day, bulldozers begin dumping the debris into the ocean, and they dump all the bomb site wreckage into the ocean over the next several days. [Jakarta Post, 11/17/2002; New York Times, 5/4/2003] Robert S. Finnegan, editor for the English-language Jakarta Post newspaper, will later sarcastically comment on how quickly the investigators finished their on-site work: “Astounding work, as it must have set a world record for crime scene forensic analysis.” He will also note, “Given the scope of the bombing and the sheer size of the primary and secondary blast areas - where traces from a plethora of different explosive compounds were swabbed from - this was a feat that escaped even the vaunted investigators working the World Trade Center [9/11] crime scene in New York, who spent nearly a year literally sifting by hand for evidence at the site.” [Jakarta Post, 1/3/2003]

Entity Tags: Imam Samudra, Robert S. Finnegan, Amrozi bin Nurhasyim

Timeline Tags: Complete 911 Timeline

Qaed Senyan al-Harethi.Qaed Senyan al-Harethi. [Source: Yemen Observer]A CIA-operated Predator drone fires a missile that destroys a truck of suspected al-Qaeda operatives in Yemen. The target of the attack is Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, but five others are also killed, including American citizen Kamal Derwish. [Washington Post, 11/4/2002; Associated Press, 12/3/2002] Al-Harethi is said to have been involved in the 2000 bombing of the USS Cole. Bush administration officials say Derwish was the ringleader of a sleeper cell in Lackawanna, New York (see September 13, 2002). [Washington Post, 11/9/2002; Newsweek, 11/11/2002] A former high-level intelligence officer complains that Defense Secretary Donald Rumsfeld wants “to take guys out for political effect.” Al-Harethi was being tracked for weeks through his cell phone. [New Yorker, 12/16/2002] The attack happens one day before mid-term elections in the US. Newsweek will note that timing of the strike “was, at the very least, fortuitous” for the Bush administration. [Newsweek, 11/11/2002] New Yorker magazine will later report, “The Yemeni government had planned to delay an announcement of the attack until it could issue a joint statement with Washington. When American officials released the story unilaterally, in time for Election Day, the Yemenis were angry and dismayed.” [New Yorker, 12/16/2002] Initial reports suggest the truck was destroyed by a car bomb. But on November 5, Deputy Defense Secretary Paul Wolfowitz will brag about the strike on CNN, thus ruining the cover story and revealing that the truck was destroyed by a US missile (see November 5, 2002). [Newsweek, 11/11/2002] US intelligence appears to have learned of al-Harethi’s whereabouts after interrogating Abd al-Rahim al-Nashiri, captured the month before (see Early October 2002).

Entity Tags: Qaed Salim Sinan al-Harethi, Scott L. Silliman, Kamal Derwish, Condoleezza Rice, Al-Qaeda, Paul Wolfowitz, Central Intelligence Agency

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

Maj. Gen. Geoffrey Miller assumes command of the new Joint Task Force (JTF) GTMO, which is the product of the merger of the military intelligence and military police units at Guantanamo (see October 9, 2002). [Amnesty International, 10/27/2004] Although he is reported not to have had any formal training in the operation of prisons or in intelligence, Miller comes to be seen at the Pentagon as largely successful in extracting information from the prisoners. “[H]e oversaw,” according to the Washington Post, “a transformation of the… detention center at Guantanamo Bay from a disorganized bundle of tents into an efficient prison that routinely produced what officials have called ‘moderately valuable’ intelligence for the war on terrorism.” [Washington Post, 5/16/2004] The “Tipton Three,”—Rhuhel Ahmed, Asif Iqbal, and Shafiq Rasul—also notice the difference. “We had the impression,” Rasul recalls, “that at the beginning things were not carefully planned but a point came at which you could notice things changing. That appeared to be after [the arrival of] Gen. Miller around the end of 2002.” Thus, according to the Tipton Three, it is under Miller that the practice of so called “short-shackling” begins, which is the chaining of prisoners into squatting or fetal positions. Miller’s arrival also heralds, according to the three Britons, the start of sexual humiliation, “loud music playing in interrogation, shaving beards and hair,… taking away people’s ‘comfort’ items, the introduction of levels, moving some people every two hours depriving them of sleep, [and] the use of A/C air.” Also, isolation periods are stepped up considerably. “Before, when people would be put into blocks for isolation, they would seem to stay for not more than a month. After he came, people would be kept there for months and months and months,” the three allege. “Isolation was always there.” Additionally, the occasional call for prayers is ended under Miller. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Shafiq Rasul, Geoffrey D. Miller, Asif Iqbal, Rhuhel Ahmed

Timeline Tags: Torture of US Captives


David Shayler.
David Shayler. [Source: David Shayler]David Shayler, a member of the British intelligence agency MI5, is convicted of divulging British intelligence secrets. Shayler claims that British intelligence paid an al-Qaeda agent to assassinate Libyan leader Colonel Mu’ammar al-Qadhafi in 1996 (see 1996). Under strict secrecy laws, the British press is not allowed to report Shayler’s claims. The press is not even allowed to report that the government won a gag order on the press. [Age (Melbourne), 10/10/2002] Shayler is not allowed to argue that he acted in the public interest by releasing the information, and the veracity of his claims is not challenged in court. [Guardian, 11/6/2002] Shayler is sentenced to six months in prison, but only serves seven weeks, then is released on parole. [BBC, 12/23/2002]

Entity Tags: Mu’ammar al-Qadhafi, Al-Qaeda, David Shayler

Timeline Tags: Complete 911 Timeline

Carol Lam.Carol Lam. [Source: Common Dreams (,org)]Carol Lam is sworn in as the US Attorney for the Southern District of California. [Talking Points Memo, 2011] Lam is a former Assistant US Attorney, a former California Superior Court judge, and an acknowledged expert on white-collar crime and health care fraud. During her interview process for the US Attorney position, she described herself as “non-partisan,” and said she does not belong to any political party. When asked if she could support the Justice Department’s policies considering that she is not a Republican, she answered that “it is a responsibility of a US Attorney to effect the attorney general’s guidelines in a way that makes sense in the district.” White House Counsel Kyle Sampson (see 2001-2003) offered Lam the job, at which time she told him that he had not “made things easy by virtue of the fact that I was a non-partisan.” Lam’s ascension to her post was delayed by political infighting between powerful Republicans and Democrats. It is the first time in five years her district has had a presidentially appointed, Senate-confirmed US Attorney. There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president, and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. [Iglesias and Seay, 5/2008, pp. 124; US Department of Justice, Office of the Inspector General, 9/29/2008]

Entity Tags: Carol C. Lam, US Department of Justice, D. Kyle Sampson

Timeline Tags: Civil Liberties

Following six attacks by different radical Islamic groups in Tunisia (see April 11, 2002), Pakistan, Yemen (see October 6, 2002), Kuwait, Bali (see October 12, 2002), and Moscow, a new audio message is released by a man said by some to be Osama bin Laden, although the identity of the speaker will be disputed (see November 29, 2002). The voice on the tape outlines a principle he says he and his allies are using: reciprocity. He comments: “If it pains you to see your victims and your allies’ victims in Tunisia, Karachi, Failaka, and Oman, then remember that our children are murdered daily in Palestine and Iraq… If it pains you to see your victims in Moscow, then remember ours in Chechnya. How long will fear, killing, destruction, displacement, orphaning, and widowing be our sole destiny, while security, stability, and happiness is yours? This is injustice. The time has come to settle accounts. Just as you kill, so you shall be killed; just as you bomb, so you shall be bombed. And there will be more to come.” [Laden, 2005, pp. 173-5]

Entity Tags: Osama bin Laden

Timeline Tags: Complete 911 Timeline

The release of an audio message by a man thought to be Osama bin Laden (see November 12, 2002) sparks several publications to run stories about the authentication of the voice on the tape. These articles make several points about voice analysis of apparent bin Laden recordings:
bullet Machine analysis: Some aspects of voice identification are done my machine. Voice authentication software measures the acoustic qualities of a person’s voice, such as pitch, loudness, basic resonances, frequency, and amplitude. [New Scientist, 11/13/2002; Slate, 11/15/2002] This produces spectrographic information and can also be used to look for specific features of a voice, such as a nasal quality. In addition, every person creates the same sounds using a slightly different set of basic pitches, so the set of frequencies in bin Laden’s vowels, like those in “ea” from “fear,” will be marginally different from anyone else’s. By examining this frequency detail for every vowel and comparing them to previous examples, a machine analysis can tell if they are the same and were all said by him. [Slate, 11/15/2002] However, “People hardly ever pronounce the same word the same way twice, even in the same utterance,” says Robert Berkovitz, a speech analyst with Sensimetrics Corp. [CBS News, 11/13/2002]
bullet Human analysis: Some aspects of voice identification are done by humans, who are, according to Slate, “very good at doing the kind of thing most people do subconsciously—telling if someone comes from a particular region by recognizing basic vowel and consonant qualities.” For example, a human analyst can tell whether the “Ye” sound in “Yemen” is of the right length and stress for bin Laden’s dialect. [Slate, 11/15/2002] Experts listen to previous recordings of bin Laden, and compare them syllable by syllable. [New Scientist, 11/13/2002; Slate, 11/15/2002] Experts can also verify whether words on a tape generally match those uttered by someone of bin Laden’s age and educational background. [Slate, 11/15/2002]
bullet Quality of tape: According to Slate, the November tape is “allegedly very noisy and possibly went down a phone line at some point.” [Slate, 11/15/2002] However, the New Scientist reports, “Voice analysis experts say the quality of the recording appears good enough to determine if the recording is genuine.” It also quotes Steve Cain of Forensic Tape Analysis, a company that received snippets of the tape from US media, who says, “It seems like it is at least clear enough and there’s enough amplitude of that unknown speaker’s voice that if you had a known sample of bin Laden it would be possible.” [New Scientist, 11/13/2002]
bullet Splicing: Analysis can determine whether a tape is spliced together. Potential red flags include hitches in timing and rhythm, removal of background noise, and different pitch to accommodate for differences in background noise. [Slate, 11/15/2002]
bullet It makes no difference to voice analysis what language a recording is in. [CBS News, 11/13/2002]
bullet Uncertainty: The New Scientist quotes Tomi Kinnunnen, an expert in computer analysis of speech at the University of Joensuu, Finland, as saying: “There is always the possibility of error.… But if you have a clean sample with little noise, you can quite reliably say [who it is].” [New Scientist, 11/13/2002] However, according to Slate, human and machine analyses can be “formidable,” but “neither type of analysis can say with 100 percent certainty that the speaker on the tape is bin Laden or anyone else.” [Slate, 11/15/2002] CBS finds that intelligence analysts are convinced the tape is from bin Laden, but “they will never be sure,” because “Computer voice analysis lacks the accuracy of fingerprint or DNA identification and can be hamstrung by a skilled impersonator or low-quality recording.” “You can say with some probability, but you can never be sure,” says Kenneth Stevens, a Massachusetts Institute of Technology expert on speech analysis and synthesis. “Where there’s a combination of strong motivation and relatively weak science, there’s an opportunity for deception,” adds Berkovitz. “You can’t put the voice in a slot and have it come out saying, ‘This is Joe Smith.’” [CBS News, 11/13/2002]
bullet One analyst, Matsumi Suzuki of Japan Acoustic Lab, Tokyo, says that, although the recording seems genuine, the speaker sounds ill. [New Scientist, 11/13/2002]

Entity Tags: Matsumi Suzuki, Al-Qaeda, Forensic Tape Analysis, Tomi Kinnunnen, Japan Acoustic Lab, Sensimetrics Corp, Robert Berkovitz, Osama bin Laden, Steve Cain

Timeline Tags: Complete 911 Timeline

Shortly after his arrest in the United Arab Emirates in early October 2002 (see Early October 2002), al-Qaeda leader Abd al-Rahim al-Nashiri is taken to an unknown location and tortured. He is waterboarded, which is a technique simulating drowning that is widely regarded as torture. He is only one of about three high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [Associated Press, 12/11/2007] Much will later be written about the torture and interrogation of other top al-Qaeda leaders such as Abu Zubaida, but next to nothing is publicly known about what happens to al-Nashiri in the months after his arrest. However, in late 2007 it will be reported that at least some of his interrogations were videotaped by the CIA (see Spring-Late 2002) and his waterboarding was videotaped. [Washington Post, 12/18/2007] But these videotapes will later be destroyed in controversial circumstances (see November 2005). The waterboarding likely takes place in Thailand, because the videotape of al-Nashiri’s torture will be destroyed there in 2005 (see November 2005). [Newsweek, 6/28/2008]

Entity Tags: Abd al-Rahim al-Nashiri, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The 9/11 Congressional Inquiry had been frustrated in its attempts to speak with Abdussattar Shaikh (see October 5, 2002), the FBI informant who was a landlord to two of the 9/11 hijackers (see Mid-May-December 2000; May 10-Mid-December 2000). On this day, a senior FBI official sends a letter to Sen. Bob Graham (D-FL) and Rep. Porter Goss (R-FL), the co-chairs of the Inquiry. In explaining why the FBI has been uncooperative and not allowed the informant to testify, the letter says, “the Administration would not sanction a staff interview with the source, nor did the Administration agree to allow the FBI to serve a subpoena or a notice of deposition on the source.” Graham later will comment, “We were seeing in writing what we had suspected for some time: the White House was directing the cover-up.” [Graham and Nussbaum, 2004, pp. 166]

Entity Tags: Daniel Robert (“Bob”) Graham, Bush administration (43), Federal Bureau of Investigation, Porter J. Goss

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An Afghan detainee dies of hypothermia while being brutalized by CIA interrogators at a secret prison north of Kabul code-named the “Salt Pit” (see After October 2001). The detainee, whose name is Gul Rahman, is considered uncooperative (see November 2002). [Washington Post, 3/3/2005; ABC News, 11/18/2005; Associated Press, 3/28/2010] He had originally been arrested in Pakistan, and then brought to Afghanistan. [Washington Post, 9/19/2009] An inexperienced junior CIA case officer named Matthew Zirbel, who is in charge of the Salt Pit, orders Rahman to be stripped semi-naked, chained to the concrete floor, and left overnight without blankets. [Washington Post, 3/3/2005; ABC News, 11/18/2005; Mahoney and Johnson, 10/9/2009, pp. 29 pdf file] The incident will later be confirmed by four government officials. Afghan guards paid by the CIA and working under agency supervision take Rahman to an abandoned warehouse, drag him around on the concrete floor, causing bruising and lacerations, before chaining him in his cell. When night falls, the temperature plummets. Rahman is found in the morning, frozen to death. A CIA medic quickly autopsies him and states that “hypothermia” is the cause of death, and guards bury the body in an unmarked, unacknowledged cemetery used by Afghan forces. The man’s family is not notified, and his remains are never returned for a proper burial. The man is not listed on any registry of captives, not even as a so-called “ghost detainee.” One government official says simply, “He just disappeared from the face of the earth.” Zirbel will later be promoted. [Washington Post, 3/3/2005; ABC News, 11/18/2005] Zirbel’s supervisor, the CIA chief of station in Afghanistan known only as Paul P., will go on to play a role in incidents of detainee abuse in Iraq, although details about this are unknown. [Washington Post, 9/19/2009; Harper's, 3/28/2010] Colleagues later describe Zirbel as “bright… eager, [and] full of energy,” and say that he was placed in charge of the facility because “there were not enough senior-level volunteers,” according to one senior intelligence officer. “It’s not a job just anyone would want. More senior people said, ‘I don’t want to do that.’ There was a real notable absence of high-ranking people” in Afghanistan. Moreover, the officer will add: “[T]he CIA did not have a deep cadre of people who knew how to run prisons. It was a new discipline. There’s a lot of room to get in trouble.” The CIA will brief the chairmen and vice chairmen of the House and Senate Intelligence Committees on the death, but at least one official will say the briefing is incomplete. Senator John D. Rockefeller (D-WV), the ranking minority member of the Senate Intelligence Committee, will ask the committee chairman, Pat Roberts (R-KS), to investigate Rahman’s death, but Roberts will refuse. No one is sure if Rahman had any real connection to al-Qaeda or the Taliban. “He was probably associated with people who were associated with al-Qaeda,” one US government official will say. [Washington Post, 3/3/2005; ABC News, 11/18/2005]

Entity Tags: House Intelligence Committee, Matthew Zirbel, “Paul P.”, Pat Roberts, Central Intelligence Agency, John D. Rockefeller, Gul Rahman, Senate Intelligence Committee

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

The CIA’s office of the inspector general begins an investigation of the killing of detainee Gul Rahman at the agency’s Salt Pit black site in Afghanistan (see November 20, 2002). The investigation begins after the agency’s inspector general, John Helgerson, is notified of the incident by management (see Shortly After November 20, 2002). It is unclear whether the inspector general issues a separate report on this incident or whether his office’s conclusions about it are contained in a general report on the effectiveness of the CIA’s detention and interrogation program (see May 7, 2004). Whatever the case, the inspector general’s conclusions focus on two agency officials, an officer named Matthew Zirbel, who caused Rahman’s death, and his boss, the CIA’s station chief in Afghanistan, known only as Paul P. The investigation finds that Zirbel displayed poor judgement in leaving Rahman to die, but that he made repeated requests for guidance that were largely ignored. [Associated Press, 3/28/2010]

Entity Tags: Office of the Inspector General (CIA), “Paul P.”, Central Intelligence Agency, Matthew Zirbel

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

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

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

Timeline Tags: Torture of US Captives

Destruction at the Paradise Hotel, Mombasa, Kenya.Destruction at the Paradise Hotel, Mombasa, Kenya. [Source: Karel Princloo/ Associated Press]Three suicide bombers detonate their explosives outside a resort hotel in Mombasa, Kenya. Militants also fire shoulder-launched missiles unsuccessfully at a passenger jet. [New York Times, 11/30/2002] The death toll reaches 16. [CNN, 12/1/2002] Al-Qaeda purportedly claims responsibility a few days later. [CNN, 12/2/2002]

Entity Tags: Al-Qaeda

Timeline Tags: Complete 911 Timeline

The authenticity of a new audio tape purportedly made by bin Laden, in which he praises recent attacks in Bali, Kuwait, Yemen and Moscow (see November 12, 2002), is disputed by Swiss voice analysts. US officials believe the voice is “almost certainly” bin Laden, but the Dalle Molle Institute for Perceptual Artificial Intelligence in Switzerland, one of the world’s leading voice-recognition institutes, is 95 percent certain the tape is a forgery. [BBC, 11/13/2002; BBC, 11/18/2002; BBC, 11/29/2002; Toronto Star, 12/16/2002] Two weeks after it was broadcast, a British newspaper publishes the complete text of a “letter to the American people,” purportedly written by bin Laden. [Observer, 11/25/2002] However, “diplomats [are] skeptical about the authenticity of the document.” [Guardian, 10/15/2002] The institute will not continue to analyse bin Laden’s speeches (see February 12, 2003).

Entity Tags: Dalle Molle Institute, Osama bin Laden

Timeline Tags: Complete 911 Timeline

The Pentagon informs the FBI that it will again take over interrogations of Guantanamo detainee Mohamed al-Khatani, believing that the use of aggressive techniques, which are about to be authorized by Defense Secretary Donald Rumsfeld (see November 27, 2002), will be more successful. [New York Times, 6/21/2004] However, the first tactic used against al-Khatani is a subtle one. According to the detention logs of al-Khatani, or “Detainee 063,” his interrogators suggest that he has been spared by Allah to reveal the true meaning of the Koran and to help bring down Osama bin Laden. During a routine medical check, a sergeant whispers to al-Khatani: “What is God telling you right now? Your 19 friends died in a fireball and you weren’t with them. Was that God’s choice? Is it God’s will that you stay alive to tell us about his message?” Al-Khatani reacts violently to the exhortation, throwing his head back and butting the sergeant in the eye. Two MPs wrestle him to the ground, and as al-Khatani thrashes and tries to spit on the sergeant, he crouches down next to the prisoner and says: “Go ahead and spit on me. It won’t change anything. You’re still here. I’m still talking to you and you won’t leave until you’ve given God’s message.” [Time, 6/12/2005]

Entity Tags: Mohamed al-Khatani

Timeline Tags: Torture of US Captives

Barbara Grewe.Barbara Grewe. [Source: Barbara Grewe]Barbara Grewe, a key investigator on the Justice Department inspector general’s investigation of the FBI’s failures before 9/11, moves to the 9/11 Commission. [University of Michigan Law School, 3/7/2005] She was recommended to the Commission by a former colleague who worked at the office of inspector general at the Justice Department. [University Record Online, 3/14/2005] As special investigative counsel at the Justice Department’s office of the inspector general between July and December 2002 she had investigated and reported on the FBI’s handling of intelligence prior to 9/11, and directed part of the investigation into information sharing between the FBI and CIA, missed opportunities to locate the hijackers before 9/11, and earlier warnings about terrorists using airplanes as weapons. This is similar to the work she does on the 9/11 Commission. According to a press release for a lecture she will give in 2005, Grewe also “drafted and edited” the “relevant sections” of the Justice Department’s final report. [University of Michigan Law School, 3/7/2005; Center for American Progress Action Fund, 4/16/2008] However, it is unclear how she could have done this, as she left the Justice Department’s investigation in 2003. Although December 2002 is early on in the Justice Department inspector general’s probe, the following important interviews have been conducted by this time:
bullet Tom Wilshire, a CIA officer later detailed to the FBI who was involved in many pre-9/11 intelligence failures (see 9:30 a.m. - 4:00 p.m. January 5, 2000, March 5, 2000, May 15, 2001, Mid-May 2001, Late May, 2001, July 23, 2001, August 22, 2001, and August 24, 2001); [9/11 Commission, 7/24/2004, pp. 502]
bullet “Michael,” a female CIA officer who had blocked notification to the FBI saying that one of the hijackers, Khalid Almihdhar, had a US visa (see Around 7:00 p.m. January 5, 2000 and January 6, 2000); [9/11 Commission, 7/24/2004, pp. 502]
bullet Dina Corsi, an FBI official who withheld intelligence information from criminal investigators in the summer of 2001 (see June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 474]
bullet Clark Shannon, a CIA officer who withheld information about Almihdhar from the FBI (see June 11, 2001); [9/11 Commission, 7/24/2004, pp. 537]
bullet Margaret Gillespie, an FBI agent detailed to the FBI involved in information sharing problems (see (Late May-Early June) and August 21-22, 2001); [9/11 Commission, 7/24/2004, pp. 538]
bullet Robert Fuller, an FBI agent who searched for Almihdhar in the US just before the 9/11 attacks, but failed to find him (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001); [9/11 Commission, 7/24/2004, pp. 539]
bullet Russell Fincher and Steve Bongardt, FBI agents from whom the CIA withheld information (see June 11, 2001, June 12-September 11, 2001, and August 29, 2001); [9/11 Commission, 7/24/2004, pp. 537]
bullet Sherry Sabol, an attorney involved in errors in the Moussaoui and Almihdhar cases (see August 22-28, 2001 and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 538]
bullet An FBI official who handled an al-Qaeda informer in Pakistan (see January 4, 2001); [9/11 Commission, 7/24/2004, pp. 537]
bullet Harry Samit (see August 15-20, 2001), Greg Jones (see August 27, 2001), John Weess (see August 16, 2001), and Coleen Rowley (see May 21, 2002), FBI officials who worked on the Moussaoui case; [9/11 Commission, 7/24/2004, pp. 531, 540]
bullet Rodney Middleton, acting head of the FBI’s bin Laden unit before 9/11 (see July 27, 2001 and after); and [9/11 Commission, 7/24/2004, pp. 538]
bullet Jennifer Maitner, an FBI official involved in the Phoenix memo and President Bush’s August 6 presidential daily briefing (see July 10, 2001, July 27, 2001 and after, and (August 4-5, 2001)). [9/11 Commission, 7/24/2004, pp. 536]

Entity Tags: 9/11 Commission, US Department of Justice, Barbara Grewe, Office of the Inspector General (DOJ)

Timeline Tags: Complete 911 Timeline

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

Entity Tags: William J. Haynes, Donald Rumsfeld

Timeline Tags: Torture of US Captives

A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. [Washington Post, 12/5/2002; Washington Post, 12/11/2002] In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. [Washington Post, 9/1/2002] As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” [Guardian, 10/10/2002] After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” [Washington Post, 6/25/2007] The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).

Entity Tags: US Department of Justice, Richard (“Dick”) Cheney, Al-Qaeda, Jose Padilla, Abu Zubaida, Michael Mukasey, Paul Clement

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

The CIA transfers detained al-Qaeda leader Abd al-Rahim al-Nashiri from a CIA prison in Thailand to a similar black site in Poland. [Associated Press, 9/7/2010]

Entity Tags: Central Intelligence Agency, Abd al-Rahim al-Nashiri

Timeline Tags: Torture of US Captives

CIA interrogators use stress positions that will later be described as “potentially injurious” on detained al-Qaeda leader Abd al-Rahim al-Nashiri. Al-Nashiri is required to kneel on the floor and lean back, and on one occasion he does this a CIA officer reportedly pushes him backwards. On another occasion, an unnamed person has to intervene after somebody else expresses concern that al-Nashiri’s arms might be dislocated from his shoulders. At this time the interrogators are attempting to put al-Nashiri into a standing stress position; he is reportedly lifted off the floor by his arms while they are bound behind his back with a belt. [Central Intelligence Agency, 5/7/2004, pp. 43 pdf file] The timing of these events is unknown, although other similar abuse of al-Nashiri takes place around December 2002 (see Late December 2002 or Early January 2003 and Between December 28, 2002 and January 1, 2003). At this time al-Nashiri is apparently being held at a CIA base in Poland. [Associated Press, 9/7/2010]

Entity Tags: Central Intelligence Agency, Abd al-Rahim al-Nashiri

Timeline Tags: Torture of US Captives

Tom Wilshire, a CIA officer involved in the failed search for hijackers Nawaf Alhazmi and Khalid Almihdhar before 9/11, is interviewed by the Congressional Inquiry and comments on some of the failures. When asked about the failure to watchlist Nawaf Alhazmi based on a cable telling CIA headquarters he had arrived in the US and was a terrorist (see March 5, 2000 and March 6, 2000 and After), Wilshire says: “It’s very difficult to understand what happened with [the] cable when it came in. I don’t know exactly why it was missed. It would appear that it was missed.” Commenting on a meeting in June 2001 where the CIA failed to tell the FBI what it knew about Almihdhar and Alhazmi despite showing them photographs of the two hijackers (see June 11, 2001), Wilshire says: “[E]very place that something could have gone wrong in this over a year and a half, it went wrong. All the processes that had been put in place, all the safeguards, everything else, they failed at every possible opportunity. Nothing went right.” [US Congress, 7/24/2003, pp. 147, 151 pdf file]

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, 9/11 Congressional Inquiry, Nawaf Alhazmi, Tom Wilshire, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA’s inspector general, which is reviewing some aspects of the CIA’s performance with respect to 9/11, examines the agency’s analysis of Osama bin Laden-related matters before the attacks and finds it was wanting. The executive summary of the inspector general’s report will state that the US intelligence community’s understanding of al-Qaeda “was hampered by insufficient analytic focus, particularly regarding strategic analysis.” The inspector general also asks three former senior analysts to review what was produced about bin Laden. They find that there were some shortcomings, and that some important elements, such as discussions of the implications of information, were ignored. In addition they find there was:
bullet No comprehensive strategic assessment of al-Qaeda by any unit at the CIA;
bullet No comprehensive report focused on bin Laden after 1993;
bullet No examination of the possible use of planes as weapons;
bullet Limited analytic focus on the US as a target;
bullet No comprehensive analysis putting the increased threat reporting in the summer of 2001 into context;
bullet Not much strategic analysis in the CIA’s Counterterrorist Center, where the analytical unit focused on current and tactical issues.
In addition, the National Intelligence Council produced its last terrorist threat assessment before 9/11 in 1995, although it was updated in 1997. Work on a new assessment began in early 2001, but was not completed by 9/11. [Central Intelligence Agency, 6/2005, pp. xvii-xviii pdf file]

Entity Tags: Counterterrorist Center, Office of the Inspector General (CIA), Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

CIA employees who have been applying “enhanced interrogation techniques” to al-Qaeda leader Abd al-Rahim al-Nashiri decide that he is now “compliant.” The techniques, including waterboarding, have been used on al-Nashiri for around a month (see (November 2002)). At this point, the agency regards him to be ready to be “debriefed”—a CIA term for part of an interrogation conducted by a more knowledgeable officer who does not use the enhanced techniques, or not to such an extent. Following this decision, the Counterterrorist Center at CIA headquarters sends out a senior operations officer to question al-Nashiri. [Central Intelligence Agency, 5/7/2004, pp. 36, 41 pdf file] This officer will later become known to the public as “Albert.” [Associated Press, 9/7/2010] Al-Nashiri is currently being held at CIA black site in Poland (see December 5, 2002).

Entity Tags: Central Intelligence Agency, “Albert”, Abd al-Rahim al-Nashiri, Counterterrorist Center

Timeline Tags: Torture of US Captives

A CIA official known as a “debriefer” who has come out to question al-Qaeda leader Abd al-Rahim al-Nashiri at a secret CIA black site in Poland says that al-Nashiri is withholding information during interrogations. [Central Intelligence Agency, 5/7/2004, pp. 41 pdf file; Associated Press, 9/7/2010] Al-Nashiri had previously been tortured by the agency (see (November 2002)), but the torture stopped when interrogators decided he was “compliant” (see Mid-December 2002). However, due to the decision that al-Nashiri is withholding information, some of the agency’s harsh techniques, including hooding and shackling, are now reinstated. [Central Intelligence Agency, 5/7/2004, pp. 41 pdf file] According to a former CIA official who will talk to the Associated Press in 2010, the conclusion reached by the debriefer, who will later become known to the public as “Albert,” is disputed. Based on this official’s account, the Associated Press will report that there are “heated arguments at CIA headquarters” over what to do with al-Nashiri, but that in the end the abuse starts again. [Associated Press, 9/7/2010]

Entity Tags: “Albert”, Abd al-Rahim al-Nashiri, Central Intelligence Agency

Timeline Tags: Torture of US Captives

David Brant, the head of the Naval Criminal Investigative Service (NCIS), approaches Naval General Counsel Alberto Mora about the abuse of detainees in US custody at Guantanamo, abuse perhaps authorized at a “high level” in Washington. Brant is in charge of a team of NCIS agents working with the FBI at Guantanamo, called the Criminal Investigative Task Force. The task force’s job is to obtain incriminating information from the detainees for use in future trials or tribunals.
Troubling Information - Brant has learned troubling information about the interrogations at Guantanamo (see Early December, 2002). Brant had never discussed anything so sensitive with Mora before, and later recalls, “I wasn’t sure how he would react.” Brant had already discussed the allegations of abuse with Army officials, since they have command authority over the detainees, and to Air Force officials as well, but goes to Mora after deciding that no one in either branch seems to care. He is not hopeful that Mora will feel any differently.
Worried about Abuse - Brant goes to Mora because, he will recall, he didn’t want his investigators to “in any way observe, condone, or participate in any level of physical or in-depth psychological abuse. No slapping, deprivation of water, heat, dogs, psychological abuse. It was pretty basic, black and white to me.… I didn’t know or care what the rules were that had been set by the Department of Defense at that point. We were going to do what was morally, ethically, and legally permissible.” Brant had ordered his task force members to “stand clear and report” any abusive tactics that they might witness.
Mora 'Rocked' - Brant is not disappointed in Mora’s reactions. A military official who works closely with Brant will later recall that the news “rocked” Mora. The official will add that Mora “was visionary about this,” adding, “He quickly grasped the fact that these techniques in the hands of people with this little training spelled disaster.” Brant asks if Mora wants to hear more about the situation; Mora will write in a 2004 memo (see July 7, 2004), “I responded that I felt I had to.”
Second Meeting - Brant meets with Mora the next day, and shows Mora part of the transcript of the [Mohamed al-Khatani] interrogations. Mora is shocked when Brant tells him that the abuse was not “rogue activity,” but apparently sanctioned by the highest levels in the Bush administration. Mora will write in his memo, “I was under the opinion that the interrogation activities described would be unlawful and unworthy of the military services.” Mora will recall in a 2006 interview: “I was appalled by the whole thing. It was clearly abusive, and it was clearly contrary to everything we were ever taught about American values.” Shocked, Mora will learn more from his counterpart in the Army (see December 18, 2002), and determine that the abusive practices need to be terminated.
Meeting with Pentagon Lawyer - He will bring his concerns to the Pentagon’s general counsel, William J. Haynes, and will leave that meeting hopeful that Haynes will put an end to the extreme measures being used at Guantanamo (see December 20, 2002). But when Mora returns from Christmas vacation, he will learn that Haynes has done nothing. Mora will continue to argue against the torture of detainees (see Early January, 2003). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, David Brant, Alberto Mora, Naval Criminal Investigative Service, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

A White House meeting in March 2003. From left to right: Cheney, Tenet, and Bush. A White House meeting in March 2003. From left to right: Cheney, Tenet, and Bush. [Source: Eric Draper / White House]CIA Director George Tenet and his deputy John McLaughlin meet in the White House with President George Bush and Bush’s top advisers for a “dress rehearsal” ahead of a public presentation that will accuse Iraq of having weapons of mass destruction. Bush is disappointed with Tenet and McLauglin’s presentation, which is based on communications intercepts, satellite photos, diagrams, and other intelligence. “Nice try,” one official will later recall Bush saying. “I don’t think this quite—it’s not something that Joe Public would understand or would gain a lot of confidence from.” Bush reportedly says to Tenet. “I’ve been told all this intelligence about having WMD, and this is the best we’ve got?” According to a White House leak to Washington Post reporter Bob Woodward, Tenet responds, “It’s a slam dunk case,” Bush then reportedly asks, “George, how confident are you?” To which the intelligence head responds, “Don’t worry, it’s a slam dunk.” [Washington Post, 4/17/2004; PBS Frontline, 6/20/2006 Sources: Carl W. Ford, Jr.] But this account is later disputed by Tenet. According to Tenet, he told the president that he could provide more intelligence to strengthen the public case. It would be easy—“a slam dunk.” [Tenet, 2007, pp. 359-367; CBS News, 4/29/2007]

Entity Tags: George J. Tenet, George W. Bush, John E. McLaughlin

Timeline Tags: Events Leading to Iraq Invasion

A CIA official known as a “debriefer” attempts to intimidate al-Qaeda leader Abd al-Rahim al-Nashiri with a handgun and a power drill. [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file] The official, who will later become known as “Albert,” had come to interrogate al-Nashiri at an agency black site in Poland after al-Nashiri had been tortured (see (November 2002)), but recently decided that al-Nashiri was still withholding information (see Mid-December 2002). [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file; Mayer, 2008, pp. 225; Associated Press, 9/7/2010] Albert gets approval for the plan to use the gun from his supervisor, known only as “Mike,” although Mike does not clear the plan with CIA headquarters. [Associated Press, 9/7/2010] Albert takes an unloaded semi-automatic handgun into al-Nashiri’s cell. He racks it once or twice, simulating the loading of a bullet into the chamber, close to al-Nashiri’s ear. [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file] After again receiving consent from Mike, around the same day Albert takes a power drill into the cell. While al-Nashiri is naked and hooded, he revs the drill to frighten al-Nashiri, but does not touch him with it. [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file; Associated Press, 9/7/2010] This abuse will be reported to CIA headquarters (see January 2003), but the Justice Department will decline to prosecute Albert (see September 11, 2003), and the result of the CIA inspector general’s investigation of the matter is unknown (see October 29, 2003).

Entity Tags: “Albert”, Central Intelligence Agency, “Mike”, Abd al-Rahim al-Nashiri

Timeline Tags: Torture of US Captives

A CIA officer who is interrogating al-Qaeda leader Abd al-Rahim al-Nashiri threatens to harm al-Nashiri’s mother and family. The officer tells al-Nashiri that if he does not talk, “We could get your mother in here,” and, “We can bring your family in here.” [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file] At this time al-Nashiri is apparently being held at a CIA base in Poland. The officer will later become known as “Albert.” [Associated Press, 9/7/2010] Albert, who also threatens al-Nashiri with a gun and power drill around the same time (see Between December 28, 2002 and January 1, 2003), apparently wants al-Nashiri to infer, for what the CIA’s inspector general will call “psychological reasons,” that he may not be a US official. Instead, al-Nashiri is to believe that he comes from an Arabic country. Al-Nashiri would infer this because of Albert’s Arab accent. According to the inspector general, this is because it is “widely believed in Middle East circles” that interrogation by officials of this Arabic country involves “sexually abusing female relatives in front of the detainee.” [Central Intelligence Agency, 5/7/2004, pp. 42-43 pdf file] The name of the Arabic country is not known, although Albert is of Egyptian descent. [Associated Press, 9/7/2010] Albert will admit not identifying himself as a US official to al-Nashiri, but say that he neither claimed to be an official of this Arabic country nor threatened his family. [Central Intelligence Agency, 5/7/2004, pp. 42-43 pdf file]

Entity Tags: “Albert”, Abd al-Rahim al-Nashiri, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Mark Rossini.Mark Rossini. [Source: Fox News]Two FBI agents who were involved in a pre-911 failure, Doug Miller and Mark Rossini, are reportedly “eager” to provide testimony to the 9/11 Commission about that failure. However, the Commission does not issue them with a subpoena or otherwise interview them about the matter. Miller and Rossini were on loan to Alec Station, the CIA’s bin Laden unit, before 9/11, and helped block a cable to the FBI that said 9/11 hijacker Khalid Almihdhar had a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and January 6, 2000). [Congressional Quarterly, 10/1/2008] The Commission will cite the transcript of an interview of Miller by the Justice Department’s inspector general in its final report. [9/11 Commission, 7/24/2004, pp. 502] However, in the interview Miller falsely claims that he remembers nothing of the incident (see (February 12, 2004)). The Commission’s final report will also cite an interview it apparently conducted with Miller in December 2003, although this is in an endnote to a paragraph on terrorist financing. [9/11 Commission, 7/24/2004, pp. 185, 504] As the blocked cable is not discovered by investigators until February 2004 (see Early February 2004), Miller is presumably not asked about it at the interview.

Entity Tags: Mark Rossini, Doug Miller, Central Intelligence Agency, Federal Bureau of Investigation, Alec Station

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA’s Deputy Director for Operations, James Pavitt, asks the agency’s office of inspector general, headed by John Helgerson, to investigate allegations that a high-value detainee, Abd al-Rahim al-Nashiri, has been abused. Apparently, Pavitt has just learned of the abuse of al-Nashiri, who was captured in October or November the previous year (see Early October 2002). [Central Intelligence Agency, 5/7/2004, pp. 1-2 pdf file] The abuse took place at a black site in Poland and was apparently carried out by a CIA officer known only as “Albert,” with the approval of his superior, “Mike.” [Central Intelligence Agency, 5/7/2004, pp. 1-2 pdf file; Associated Press, 9/7/2010] The inspector general will issue a report on the incidents later in the year (see October 29, 2003).

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

Timeline Tags: Torture of US Captives

The CIA’s Office of Inspector General begins an investigation of the agency’s torture and interrogation practices. The investigation is spurred by three stimuli: notification of a controversial incident in November 2002 (see Shortly After November 20, 2002); concerns over the interrogation of high-value detainee Abd al-Rahim al-Nashiri (see January 2003); and other concerns about human rights abuses at a black site (see (January 2003)). The investigation will cover the period between September 2001 and mid-October 2003. [Central Intelligence Agency, 5/7/2004, pp. 2 pdf file] The inspector general, John Helgerson, will issue his office’s final, classified report on the investigation in May 2004 (see May 7, 2004).

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

Timeline Tags: Torture of US Captives

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