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Context of 'April 29, 2004: Pentagon Awards Pat Tillman Posthumous Silver Star, Telling False Story of His Death'

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After the New York Times verifies the phone calls to Nixon campaign provocateur Donald Segretti from Watergate burglar E. Howard Hunt (see October 12-15, 1972), it publishes an analysis of the White House’s attacks on the media (see October 16-November, 1972). The analysis, written by Robert Semple, Jr, says in part: “The essence of the administration’s recent counterattack to the charges that some of President Nixon’s created or at least condoned a network of political espionage and disruption has been to denounce the newspapers that print them without explicitly discussing them. Behind the strategy lie two assumptions that tell much about the administration’s perceptions of the voters and newspapers that serve them. Judging by recent interviews with Mr. Nixon’s aides, these assumptions seem to be widely shared in his inner circle. First, at the moment, the White House feels, the alleged conspiracy is perceived by most of the public as a distant and even amateurish intrigue far removed from the Oval Office, and thus a denial or even discussion of the charges by the White House would give those charges undeserved visibility and currency. The second is that the public—softened up by three years of speeches from Vice President Agnew—has less than total confidence that what it reads and hears—particularly in the so-called Eastern Establishment media—is true and undistorted by political prejudice. Hence the recent administration attacks on the Washington Post, which has been giving the corruption allegations front-page treatment…. Repeated requests to senior White House aides to get the full story, as they see it, have gone unanswered.… ‘Do you know why we’re not uptight about the press and the espionage business?’ one White House aide… asked rhetorically the other day. ‘Because we believe that the public believes that the Eastern press really is what Agnew said it was—elitist, anti-Nixon and ultimately pro-McGovern.” [Bernstein and Woodward, 1974, pp. 169]

Entity Tags: New York Times, Donald Segretti, E. Howard Hunt, Spiro T. Agnew, Nixon administration, Richard M. Nixon, Robert Semple, Jr

Timeline Tags: Nixon and Watergate

Convicted Watergate burglar James McCord (see January 30, 1973) writes a letter to the presiding judge, John Sirica, in response to Sirica’s requests for more information. McCord writes that he is “whipsawed in a variety of legalities”—he may be forced to testify to the Senate (see February 7, 1973), and he may be involved in future civil and other criminal proceedings. He also fears unspecified “retaliatory measures… against me, my family, and my friends should I disclose” his knowledge of the Watergate conspiracy. But McCord wants some leniency from Sirica in sentencing. McCord alleges that the five defendants who pled guilty did so under duress. The defendants committed perjury, McCord continues, and says that others are involved in the burglary. The burglary is definitely not a CIA operation, though “[t]he Cubans may have been misled” into thinking so. McCord writes, “I know for a fact that it was not,” implying inside knowledge of at least some CIA workings. McCord requests to speak with Sirica privately in the judge’s chambers, because he “cannot feel confident in talking with an FBI agent, in testifying before a Grand Jury whose US attorneys work for the Department of Justice, or in talking with other government representatives.” In his discussion with Sirica, he makes the most explosive charge of all: he and his fellow defendants lied at the behest of former Attorney General John Mitchell, now the head of the Nixon re-election campaign, and current White House counsel John Dean. [Bernstein and Woodward, 1974, pp. 275-276; Time, 1/7/1974; James W. McCord, Jr, 7/3/2007; Gerald R. Ford Library and Museum, 7/3/2007] It seems that McCord writes his letter to Sirica in retaliation for President Nixon’s firing of CIA director Richard Helms, and the White House’s attempts to pin the blame for the Watergate conspiracy on the CIA (see December 21, 1972).

Entity Tags: Richard Helms, James McCord, Federal Bureau of Investigation, Central Intelligence Agency, John Dean, John Mitchell, John Sirica, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Virgilio Gonzalez, Frank Sturgis, former attorney Henry Rothblatt, Bernard Barker, and Eugenio Martinez, photographed during the trial. Virgilio Gonzalez, Frank Sturgis, former attorney Henry Rothblatt, Bernard Barker, and Eugenio Martinez, photographed during the trial. [Source: Wally McNamee / Corbis]The Watergate burglars are sentenced to jail. G. Gordon Liddy receives between six years eight months to twenty years in federal prison. The actual burglars—Bernard Barker, Virgilio Gonzalez, Eugenio Martinez, and Frank Sturgis—receive forty years. E. Howard Hunt receives 35 years. Judge John Sirica announces that the prison terms are “provisionary,” depending on whether they cooperate with government prosecutors. Convicted burglar James McCord is to be sentenced, but Sirica delays his sentencing, and reveals that McCord has written a letter to the court (see March 19-23, 1973) about the perjury and concealment that permeated the trial. After news of the letter hits the press, President Nixon writes in his diary that the letter is “a bombshell.” Watergate prosecutor Earl Silbert says he will reconvene the grand jury investigating the break-in. [Reeves, 2001, pp. 578-580]

Entity Tags: James McCord, E. Howard Hunt, Bernard Barker, Earl Silbert, Frank Sturgis, Eugenio Martinez, Richard M. Nixon, John Sirica, G. Gordon Liddy, Virgilio Gonzalez

Timeline Tags: Nixon and Watergate

Comedian Bill Cosby, one of many on Nixon’s enemies list.Comedian Bill Cosby, one of many on Nixon’s enemies list. [Source: Quixoticals]Former White House counsel John Dean, continuing his testimony before the Senate Watergate Committee (see June 25-29, 1973), provides a sheaf of documents to the committee. Among those is the “Opponents List and Political Enemies Project,” informally called President Nixon’s “enemies list.” The list is actually a set of documents “several inches thick” of names and information about Nixon’s political enemies. It was compiled by a number of administration officials, including Dean, White House aides Charles Colson, Gordon Strachan, and Lyn Nofziger, beginning in 1971. One of the documents from August 16, 1971, has Dean suggesting ways in which “we can use the available federal machinery to screw our political enemies.” Methods proposed included administration manipulation of “grant availability, federal contracts, litigation, prosecution, etc.” The Dean memo was given to then-chief of staff H. R. Haldeman and top White House aide John Ehrlichman for approval. Though Dean testifies that he does not know if the plan was set into motion, subsequent documents submitted to the committee indicate that it was indeed implemented. A condensed list of 20 “White House enemies” was produced by Colson’s office; a larger list included ten Democratic senators, all 12 black House members, over 50 news and television reporters, prominent businessmen, labor leaders, and entertainers, and contributors to the 1972 presidential campaign of Democratic senator Edmund Muskie. The condensed list includes, in priority order:
bullet “1. Arnold M. Picker, United Artists Corp., NY. Top Muskie fund raiser. Success here could be both debilitating and very embarrassing to the Muskie machine. If effort looks promising, both Ruth and David Picker should be programmed and then a follow through with United Artists.”
bullet “2. Alexander E. Barkan, national director of AFL-CIO’s committee on Political Education, Washington D.C.: Without a doubt the most powerful political force programmed against us in 1968 ($10 million, 4.6 million votes, 115 million pamphlets, 176,000 workers—all programmed by Barkan’s COPE—so says Teddy White in The Making of the President 1968). We can expect the same effort this time.”
bullet “3. Ed Guthman, managing editor, Los Angeles Times: Guthman, former Kennedy aide, was a highly sophisticated hatchetman against us in ‘68. It is obvious he is the prime mover behind the current Key Biscayne effort. It is time to give him the message.”
bullet “4. Maxwell Dane, Doyle, Dane and Bernbach, NY: The top Democratic advertising firm—they destroyed Goldwater in ‘64. They should be hit hard starting with Dane.”
bullet “5. Charles Dyson, Dyson-Kissner Corp., NY: Dyson and [Democratic National Committee chairman] Larry O’Brien were close business associates after ‘68. Dyson has huge business holdings and is presently deeply involved in the Businessmen’s Educational Fund which bankrolls a national radio network of five-minute programs—anti-Nixon in character.”
bullet “6. Howard Stein, Dreyfus Corp., NY: Heaviest contributor to [Democratic presidential candidate Eugene] McCarthy in ‘68. If McCarthy goes, will do the same in ‘72. If not, Lindsay or McGovern will receive the funds.”
bullet “7. [US Representative] Allard Lowenstein, Long Island, NY: Guiding force behind the 18-year-old ‘Dump Nixon’ vote campaign.”
bullet “8. Morton Halperin, leading executive at Common Cause: A scandal would be most helpful here.”
bullet “9. Leonard Woodcock, UAW, Detroit, Mich.: No comments necessary.”
bullet “10. S. Sterling Munro Jr., Sen. [Henry Jackson’s aide, Silver Spring, Md: We should give him a try. Positive results would stick a pin in Jackson’s white hat.”
bullet “11. Bernard T. Feld, president, Council for a Livable World: Heavy far left funding. They will program an ‘all court press’ against us in ‘72.”
bullet “12. Sidney Davidoff, New York City, [New York City Mayor John V.] Lindsay’s top personal aide: a first class SOB, wheeler-dealer and suspected bagman. Positive results would really shake the Lindsay camp and Lindsay’s plans to capture youth vote. Davidoff in charge.”
bullet “13. John Conyers, congressman, Detroit: Coming on fast. Emerging as a leading black anti-Nixon spokesman. Has known weakness for white females.”
bullet “14. Samuel M. Lambert, president, National Education Association: Has taken us on vis-a-vis federal aid to parochial schools—a ‘72 issue.” [Facts on File, 6/2003] Committee chairman Sam Ervin (D-NC) is clearly outraged by the list, and particularly by Lambert’s inclusion. He says, “Here is a man listed among the opponents whose only offense is that he believed in the First Amendment and shared Thomas Jefferson’s conviction, as expressed in the Virginia Statute for Religious Freedom, that to compel a man to make contributions of money for the dissemination of religious opinions he disbelieves is sinful and tyrannical. Isn’t that true?” Dean replies, “I cannot disagree with the chairman at all.” [Time, 7/9/1973]
bullet “15. Stewart Rawlings Mott, Mott Associates, NY: Nothing but big money for radic-lib candidates.”
bullet “16. Ronald Dellums, congressman, Calif: Had extensive [Edward M. Kennedy] EMK-Tunney support in his election bid. Success might help in California next year.”
bullet “17. Daniel Schorr, Columbia Broadcasting System, Washington: A real media enemy.”
bullet “18. S. Harrison Dogole, Philadelphia, Pa: President of Globe Security Systems—fourth largest private detective agency in US. Heavy Humphrey [former presidential candidate Hubert Humphrey] contributor. Could program his agency against us.”
bullet “19. [Actor] Paul Newman, Calif: Radic-lib causes. Heavy McCarthy involvement ‘68. Used effectively in nation wide TV commercials. ‘72 involvement certain.”
bullet “20. Mary McGrory, Washington columnist: Daily hate Nixon articles.”
Another “master list” of political enemies prepared by Colson’s office includes Democratic senators Birch Bayh, J. W. Fulbright, Fred R. Harris, Harold Hughes, Edward M. Kennedy, George McGovern, Walter Mondale, Edmund Muskie, Gaylord Nelson, and William Proxmire; House representatives Bella Abzug, William R. Anderson, John Brademas, Father Robert F. Drinan, Robert Kastenmeier, Wright Patman; African-American representatives Shirley Chisholm, William Clay, George Collins, John Conyers, Ronald Dellums, Charles Diggs, Augustus Hawkins, Ralph Metcalfe, Robert N.C. Nix, Parren Mitchell, Charles Rangel, Louis Stokes; and several other politicians, including Lindsay, McCarthy, and George Wallace, the governor of Alabama (see May 15, 1972). The list also includes an array of liberal, civil rights and antiwar organizations, including the Black Panthers, the Brookings Institution, Common Cause, the Farmers Union, the National Economic Council, the National Education Association, the National Welfare Rights Organization, the Southern Christian Leadership Convention; a variety of labor organizations; many reporters, columnists, and other news figures; a short list of celebrities including Bill Cosby, Jane Fonda, Dick Gregory, Steve McQueen, Joe Namath, Gregory Peck, Tony Randall, and Barbra Streisand; and a huge list of businessmen and academics. The documents provide suggestions for avenues of attack against individual listees, including using “income tax discrepancies,” allegations of Communist connections, and other information. [Facts on File, 6/2003] In 1999, Schorr will joke that being on Nixon’s enemies list “changed my life a great deal. It increased my lecture fee, got me invited to lots of very nice dinners. It was so wonderful that one of my colleagues that I will not mention, but a very important man at CBS, said, ‘Why you, Schorr? Why couldn’t it have been me on the enemies list?’” [CNN, 3/27/1999] Schorr does not mention that he was the subject of an FBI investigation because of his listing. [Spartacus Schoolnet, 8/2007]

Entity Tags: Paul Newman, National Welfare Rights Organization, Ralph Metcalfe, Parren Mitchell, Robert F Drinan, National Economic Council, Richard M. Nixon, Morton H. Halperin, Louis Stokes, Mary McGrory, John V. Lindsay, Lawrence O’Brien, Maxwell Dane, Leonard Woodcock, Robert Kastenmeier, Lyn Nofziger, Los Angeles Times, Robert N.C. Nix, Sam Ervin, S. Harrison Dogole, United Auto Workers, Walter Mondale, Tony Randall, William Clay, William R. Anderson, Wright Patman, William Proxmire, Ron Dellums, Stewart Rawlings Mott, Southern Christian Leadership Convention, S. Sterling Munro Jr, John Ehrlichman, Steve McQueen, Samuel M Lambert, Shirley Chisholm, Sidney Davidoff, Senate Watergate Investigative Committee, John Dean, National Education Association, John Brademas, CBS News, Charles Colson, Charles Diggs, Charles Dyson, Charles Rangel, Brookings Institution, Council for a Livable World, Common Cause, Black Panthers, Birch Bayh, Bill Cosby, Allard Lowenstein, Alexander E. Barkan, AFL-CIO, Daniel Schorr, Arnold M. Picker, John Conyers, Augustus Hawkins, Bernard T. Feld, Bella Abzug, Dick Gregory, Barbra Streisand, Edmund Muskie, H.R. Haldeman, Harold Hughes, Gregory Peck, Henry (“Scoop”) Jackson, Jane Fonda, J. William Fulbright, Howard Stein, Gordon Strachan, George S. McGovern, Joe Namath, Edward M. (“Ted”) Kennedy, Eugene McCarthy, Fred R Harris, Gaylord Nelson, George C. Wallace, Hubert H. Humphrey, George Collins, Ed Guthman

Timeline Tags: Nixon and Watergate

Late 1979: MEK Expelled from Iran

The Mujahedeen-e Khalq (MEK) is expelled from Iran and takes refuge in Iraq. In exile, the group develops an overseas support structure and creates the National Liberation Army (NLA), which acquires tanks, armored vehicles, and heavy artillery. The group will receive support from Saddam Hussein until he is toppled by a US invasion in 2003 (see March 19, 2003). [US Department of State, 4/30/2003]

Entity Tags: People’s Mujahedin of Iran, Saddam Hussein

Timeline Tags: US confrontation with Iran

Map showing the strike radii of various Iraqi ballistic missiles.Map showing the strike radii of various Iraqi ballistic missiles. [Source: CIA] (click image to enlarge)US intelligence learns that Iraq’s Saad 16 research center is attempting to develop ballistic missiles. This information is relayed by the Defense Department’s Undersecretary for Trade Security Policy, Stephen Bryen, to the Commerce Department’s (CD) Assistant Secretary for Trade Administration. In spite of this, the Commerce Department will subsequently approve more than $1 million in computer sales to the Iraqi research center over the next four years. In 1991, the House Committee on Government Operations will report that 40 percent of the equipment at the Saad 16 research center had come from the US. [Washington Post, 3/11/1991; US Congress, 7/2/1991]

Entity Tags: US Department of Commerce, Stephen Bryen

Timeline Tags: Events Leading to Iraq Invasion, US-Iraq 1980s

Veteran diplomat Joseph Wilson arrives in Baghdad to assume the post of Deputy Chief of Mission (DCM) under US Ambassador April Glaspie. Wilson has extensive experience throughout sub-Saharan and Central Africa, as well as brief stints on the staffs of Senator Al Gore (D-TN) and Representative Tom Foley (D-WA). Wilson will later write that he and his colleagues share the belief that Iraq is ruled by “a shockingly brutal regime… an ugly totalitarian dictatorship” and its leader, Saddam Hussein, a “sociopath.” For the next three years, Wilson and his colleagues will send harsh reports of Hussein’s systematic violations of the human rights of his subjects to Washington.
Walking a Fine Line between Isolation and Appeasement - Still, most of the embassy staff, including Wilson and Glaspie, are not advocates of totally isolating Hussein with extreme economic and diplomatic sanctions. Wilson will write, “Isolating a regime often results in isolating ourselves, and we then lose any leverage we might have to influence outcomes. On the other hand, when dictators are treated like any other leaders, it’s often interpreted by them as a free pass to continue in their autocratic ways, while critics label it as appeasement.… The merits of ideologically driven diplomacy versus a more pragmatic approach have been a recurring theme of foreign policy debates throughout the history of international relations and America’s own domestic policies.”
'Tread Lightly' - Wilson will note that “Iraq’s Arab neighbors unanimously urged us to tread lightly. They argued that after almost a decade of a grinding war with Iran, Saddam had learned his lesson and that his natural radicalism would now be tempered by the harsh experience.… [I]t was better to tie him to relationships that would be hard for him to jettison than to leave him free to make trouble with no encumbrances. Engaging with him at least kept him in our sights.” Iraq had behaved monstrously during its war with Iran, and had offended the world with its chemical attacks on its own citizens (see August 25, 1988) and its Iranian enemies (see October 1988). But it had emerged from the war as a powerful regional player both militarily and economically. The Bush administration is torn between trying to moderate Hussein’s behavior and treating him as an incorrigible, irredeemable enemy of civilization. And Washington wants Iraq as a balancing force against Iran, which is awash in virulently anti-American sentiment (a sentiment returned in full by many American lawmakers and government officials). No other country in the Gulf region will tolerate the presence of US forces as a counterbalance to Iran. So, as Wilson will write, “All of Iraq’s neighbors continued to argue for a softer approach; and since they clearly had at least as much at stake as we did, the Bush administration was willing to follow their lead.” [Wilson, 2004, pp. 78-79, 451]

Entity Tags: Joseph C. Wilson, Saddam Hussein, April Glaspie

Timeline Tags: Events Leading to Iraq Invasion

The US learns that the Iraqi research center, Saad 16, is involved in the development of chemical and nuclear weapons. Three years earlier it had been discovered that the facility was developing ballistic missiles (see November 1986). The Commerce Department will continue to ship advanced technology products to the center. [US Congress, 7/2/1991]

Entity Tags: US Department of Commerce

Timeline Tags: Events Leading to Iraq Invasion, US-Iraq 1980s

Alan Simpson.Alan Simpson. [Source: Britt Bolen]A delegation of US senators meets with Iraqi dictator Saddam Hussein to deliver a message from President Bush. The delegation is led by Robert Dole (R-KS) and includes Frank Murkowski (R-AK), Jim McClure (R-ID), Alan Simpson (R-WY), and Howard Metzenbaum (D-OH). The senators are joined by US Ambassador to Iraq April Glaspie, her deputy Joseph Wilson, and various embassy staffers. Dole delivers the message from Bush: Iraq must abandon its chemical and biological weapons programs and stockpiles, and, in return, the US will continue working to improve relations between the two countries (see July 27, 1990 and July 25, 1990). In response, Hussein says he is not trying to destabilize the region and work against US interests. As part of his statement, he says: “I didn’t really say I was going to set fire to half of Israel (see April 1990). What I said was that if Israel attacks me, then I will set fire to half of Israel.” Hussein insists he will only take action against Israel if his country is attacked first, but such a response will be swift and overwhelming, with his new WMD playing a central role. He also protests against what he calls US and British efforts to contain Iraq by scaling back economic and commercial programs, and what he calls a Western smear campaign against him and his government. When the other senators are given a chance to speak to Hussein, Wilson is struck by Metzenbaum’s response. “Mr. President, I can tell you are a honorable man,” Metzenbaum says. Wilson later writes, “I remember thinking to myself that whatever beneficial impact the president’s message and Dole’s statement may have had on Saddam, it had all just been negated by this obsequious boot-licking.” Simpson joins Metzenbaum in stroking Hussein, bending forward so low from his chair that he looks as if he is on bended knee and telling the dictator: “Mr. President, I can see that what you have here isn’t really a policy problem; what you have is a public relations problem. You’ve got a problem with the haughty and pampered press. I know all about that, because I’ve got problems with the press back home. What you need is you need a good public relations person.” Wilson will write: “Saddam no doubt took from the meeting not the admonition to stop developing weapons of mass destruction and threatening his neighbors, but rather support for his own misguided belief that he was an honorable man who didn’t really have policy problems at all, just clumsy relations. After all, one of Israel’s champions had told him so, and another American leader had knelt before him to reassure him that he had no problems with the American government.” [Wilson, 2004, pp. 95]

Entity Tags: Jim McClure, Alan Simpson, April Glaspie, Frank Murkowski, George Herbert Walker Bush, Howard Metzenbaum, Saddam Hussein, Robert J. (“Bob”) Dole, Joseph C. Wilson

Timeline Tags: Events Leading to Iraq Invasion

US Ambassador to Iraq April Glaspie (see July 25, 1990) leaves the country for long-planned, long deferred home leave. Deputy Chief of Mission Joseph Wilson is left in charge of the US Embassy in Baghdad. Many other ambassadors also leave the city, as is customary due to the extremely high seasonal heat in late July and August. [Wilson, 2004, pp. 106]

Entity Tags: Joseph C. Wilson, April Glaspie

Timeline Tags: Events Leading to Iraq Invasion

Deputy Chief of Mission Joseph Wilson is in charge of the US Embassy in Baghdad after US Ambassador to Iraq April Glaspie departed for her twice-delayed annual vacation to the US (see July 31, 1990). At 2:30 a.m., local time, Wilson is awakened by a phone call from Washington. The operator tells him, “Mr. Wilson, I have the White House on the line.” Wilson, assuming he is going to speak directly to the president, finds himself standing at attention, stark naked in the middle of his bedroom. Instead, the line goes dead. (Phone service in Iraq is unreliable at best, and the Iraqis often cut service to the embassy phones.) Wilson calls Sandra Charles, a National Security Council specialist on the Middle East, and Charles tells him that she is receiving reports that the US Embassy in Kuwait City, Kuwait, is being surrounded by hostile Iraqi troops (see August 2, 1990). At 7:30 a.m., Wilson, having gotten dressed, pounds on the door of Iraq’s Foreign Minister, Tariq Aziz. The two have what Wilson will later recall as a forceful exchange, and Aziz agrees to restore phone service to the embassy. More pertinently, Wilson tells Aziz that the US is flatly opposed to any military moves against Kuwait. “It seems to me that with your army in Kuwait City and my navy in the Gulf we have an obligation to avoid any escalation of this crisis if we can,” Wilson tells Aziz. A member of the embassy staff later recalls being impressed with Wilson’s political dexterity. “I always knew Joe was bright,” the former staffer recalls, “but he really showed here he could be quick on his feet. That was a pretty smart way to handle the situation.” The meeting with Aziz is the first of many diplomatic efforts Wilson will make over the next few weeks to defuse the situation (see August 2-4, 1990) and protect the Americans in Iraq and Kuwait, whom Wilson fears will be taken hostage by Iraqi forces. [Vanity Fair, 1/2004]

Entity Tags: Joseph C. Wilson, April Glaspie, Tariq Aziz, National Security Council, Sandra Charles

Timeline Tags: Events Leading to Iraq Invasion

The US begins an economic and military trade embargo against Iraq. [PBS Frontline, 1/9/1996] The embargo is authorized by UN Resolution 661. [NationMaster, 12/23/2007]

Entity Tags: United Nations

Timeline Tags: Events Leading to Iraq Invasion

The US diplomats at the embassy in Baghdad, led by Deputy Chief of Mission Joseph Wilson, hold a long and sobering discussion of the possibilities confronting them in the days and weeks to come. They are well aware of the grim fate meted out to several Americans during the 1958 revolution (see 1958), and realize that they, too, may be killed in the near future. As Wilson will later write, they ask themselves: “If, in all likelihood, we were going to die anyway, did we want to go meekly to our deaths delivering useless diplomatic notes to a brutal regime, or did we want to be defiant, treating the Iraqi actions as the outrages they were? We opted for the latter code of conduct. That decision—to stand up and confront Saddam [Hussein] at every opportunity—set the tone at the embassy from that moment on.” Wilson will add: “Months later, after I’d left Baghdad, a psychologist at the CIA told me that the only way to deal with a personality like Saddam’s is to stand up to him: to be defiant, antagonistic, and intimidating. We had not had the benefit of such CIA wisdom back in August, but our instincts were still on the mark.” [Wilson, 2004, pp. 126-127]

Entity Tags: Joseph C. Wilson, Central Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

Nine days after Iraq invades Kuwait (see August 2, 1990), the public relations firm Hill & Knowlton creates a front organization, “Citizens for a Free Kuwait,” almost entirely funded by Kuwaiti money. Hill & Knowlton’s point man with the Kuwaitis is Craig Fuller, a close friend and political adviser to President Bush (see July 23, 1986). Veteran PR reporter Jack O’Dwyer will later write, “Hill & Knowlton… has assumed a role in world affairs unprecedented for a PR firm.” [Christian Science Monitor, 9/6/2002; Public Relations Watch, 6/3/2007] Citizens for a Free Kuwait is one of about twenty PR and lobbying groups formed by the Kuwaiti government. Other American PR firms representing these groups include the Rendon Group and Neill & Co. Citizens for a Free Kuwait will spread a false story of Kuwaiti babies being killed in their incubators by Iraqi troops, a story that will help inflame US public opinion and win the Bush administration the authority to launch an assault against Iraq (see October 10, 1990). Another public relations and lobbying effort includes a 154-page book detailing supposed Iraqi atrocities, entitled The Rape of Kuwait, that is distributed to various media outlets and later featured on television talk shows and in the pages of the Wall Street Journal. The Kuwaiti embassy also buys 200,000 copies of the book for distribution to American troops. Hill & Knowlton will produce dozens of “video news releases” that are offered as “news stories” to television news broadcasters throughout America; the VNRs are shown on hundreds of US television news broadcasts, usually as straight news reports without being identified as the product of a public relations firm. [Public Relations Watch, 6/3/2007]

Entity Tags: Jack O’Dwyer, Hill and Knowlton, Craig Fuller, Neill and Company, Citizens for a Free Kuwait, Rendon Group

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

As tensions escalate between the US and Iraq, Iraqi officials circulate a note to all the embassies in Baghdad, directing them to register all of the civilians in their care with the authorities. Failure to comply can result in execution, the note implies. Such registration can only be done in person at Iraqi governmental offices; Deputy Chief of Mission Joseph Wilson, the ranking US diplomat in Baghdad, knows that bringing American citizens in for registration may well result in those Americans being taken hostage. He is housing some 60 Americans at the ambassador’s residence for their protection. He will later write: “It was clearly a way for the Iraqis to replenish their stock of hostages. The choice, theoretically, was either to turn over Americans or to defy the note and risk execution.” Instead of making the choice, Wilson uses the order to publicly defy the Iraqis. He schedules a press conference and has a Marine make him a hangman’s noose. Wearing the noose, he tells reporters that if Saddam Hussein “wants to execute me for keeping Americans from being taken hostage, I will bring my own f_cking rope.” The press conference, like all of the embassy press conferences, is off the record, but journalists release the story anyway. A garbled, erroneous version from a French news outlet has the Iraqis planning to hang Wilson by sundown. Iraqi Foreign Minister Tariq Aziz, angered and embarrassed by the press coverage, attempts to dress down Wilson that evening, but Wilson refuses to back down. Instead, the Iraqis withdraw the request. Soon after, President Bush sends Wilson a cable lauding his courage and his outspokeness (see November 29, 1990). [Wilson, 2004, pp. 153-154; Unger, 2007, pp. 311] Conservative columnist Robert Novak co-writes a piece about Wilson that says, “He shows the stuff of heroism.” Novak will later reveal the covert CIA status of Wilson’s wife, Valerie Plame Wilson, as an act of political retaliation (see July 14, 2003). [Wilson, 2004, pp. 153-154]

Entity Tags: Tariq Aziz, Joseph C. Wilson, Robert Novak, Saddam Hussein, George Herbert Walker Bush

Timeline Tags: Events Leading to Iraq Invasion, US-Iraq 1980s

’Nayirah’ testifying before Congress.’Nayirah’ testifying before Congress. [Source: Web Fairy (.com)]An unconfirmed report of Iraqi soldiers entering a Kuwaiti hospital during the Iraqi invasion of Kuwait (see August 2, 1990) and removing newborns from their incubators causes a sensation in the US media. The rumor, which later turns out to be false, is seized upon by senior executives of the PR firm Hill & Knowlton, which has a $11.9 million contract from the Kuwaiti royal family to win support for a US-led intervention against Iraq—the largest foreign-funded campaign ever mounted to shape US public opinion. (Under the Foreign Agents Registration Act, the firm should have been held accountable for its marketing campaign, but the Justice Department fails to intervene.) The firm also has close ties to the Bush administration, and will assist in marketing the war to the US citizenry. [Christian Science Monitor, 9/6/2002; Independent, 10/19/2003; Public Relations Watch, 6/3/2007] Hill & Knowlton uses a front group, “Citizens for a Free Kuwait” (see August 11, 1990), to plant the stories in the news media.
Congressional Hearings - Hearings on the story, and other tales of Iraqi atrocities, are convened by the Congressional Human Rights Caucus, chaired by Representatives Tom Lantos (D-CA) and John Porter (R-IL). Reporters John Stauber and Sheldon Rampton will later characterize the caucus as little more than an H&K-funded sham; Lantos and Porter are also co-chairs of the Congressional Human Rights Foundation, a legally separate entity that occupied free office space in Hill & Knowlton’s Washington, DC offices. The star of the hearings is a slender, 15-year old Kuwaiti girl called “Nayirah.” According to the Caucus, her true identity is being concealed to prevent Iraqi reprisals against her or her family. Sobbing throughout her testimony, “Nayirah” describes what she says she witnessed in a hospital in Kuwait City; her written testimony is provided to reporters and Congressmen in a media kit prepared by Citizens for a Free Kuwait. “I volunteered at the al-Addan hospital,” she tells the assemblage. “While I was there, I saw the Iraqi soldiers come into the hospital with guns, and go into the room where… babies were in incubators. They took the babies out of the incubators, took the incubators, and left the babies on the cold floor to die.” [Christian Science Monitor, 9/6/2002; Los Angeles Times, 1/5/2003; Public Relations Watch, 6/3/2007] The hearings, and particularly “Nayirah’s” emotional tale, inflame American public opinion against the Iraqis (see October 10, 1990 and After) and help drum up support for a US invasion of Iraq (see January 9-13, 1991).
Outright Lies - Neither Lantos, Porter, nor H&K officials tell Congress that the entire testimony is a lie. “Nayirah” is the daughter of Saud Nasir al-Sabah, the Kuwaiti ambassador to the US. Neither do they reveal that “Nayirah’s” testimony was coached by H&K vice president Lauri Fitz-Pegado. Seven other “witnesses” testify to the same atrocities before the United Nations; the seven use false names and identities. The US even presents a video made by Hill & Knowlton to the Security Council. No journalist investigates the claims. As author Susan Trento will write: “The diplomats, the congressmen, and the senators wanted something to support their positions. The media wanted visual, interesting stories.” It is not until after the war that human rights investigators look into the charges. No other witnesses can be located to confirm “Nayirah’s” story. Dr. Mohammed Matar, director of Kuwait’s primary care system, and his wife, Dr. Fayeza Youssef, who runs the obstretrics unit at the maternity hospital, says that at the time of the so-called atrocities, few if any babies were in incubator units—and Kuwait only possesses a few such units anyway. “I think it was just something for propaganda,” Dr. Matar will say. It is doubtful that “Nayirah” was even in the country at the time, as the Kuwaiti aristocracy had fled the country weeks before the Iraqi invasion. Amnesty International, which had supported the story, will issue a retraction. Porter will claim that he had no knowledge that the sobbing little girl was a well-rehearsed fabricator, much less an ambassador’s daughter. Canadian Broadcasting Corporation reporters will ask al-Sabah for permission to question his daughter about her testimony; he will angrily refuse. “Naiyrah” herself will later admit that she had never been in the hospital herself, but had learned of the supposed baby murders from a friend. In a subsequent interview about media manipulation during the war, Fitz-Pegado will say: “Come on.… Who gives a sh_t whether there were six babies or two? I believed her.” She will later clarify that statement: “What I meant was one baby would be too many.” [CounterPunch, 12/28/2002; Independent, 10/19/2003; Public Relations Watch, 6/3/2007]

Entity Tags: Susan Trento, Tom Lantos, Sheldon Rampton, US Congress, United Nations Security Council, Saud Nasir al-Sabah, US Department of Justice, Mohammed Matar, Lauri Fitz-Pegado, Citizens for a Free Kuwait, ’Nayirah’, Amnesty International, Bush administration (41), John Stauber, Congressional Human Rights Caucus, Canadian Broadcasting Corporation, Fayeza Youssef, John MacArthur, John Porter, Hill and Knowlton, Congressional Human Rights Foundation, Jack O’Dwyer

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Defense Secretary Dick Cheney testifies to the Senate on the upcoming invasion of Iraq (see August 2, 1990). Senator Ted Kennedy (D-MA) asks Cheney bluntly, “Now, barring an act of provocation, do you agree that the president must obtain the approval of Congress in advance before the United States attacks Iraq?” Cheney replies that he “does not believe the president requires any additional authorization from the Congress before committing US forces to achieve our objectives in the Gulf.” Cheney cites “more than two hundred” earlier instances where presidents have committed US forces into conflicts, “and on only five of those occasions was their a prior declaration of war. And so I am not one who would argue… that the president’s hands are tied, or that he is unable, given his constitutional responsibilities as commander in chief, to carry out his responsibilities.” Author John Dean will note in 2007, “Cheney had announced to Congress, in essence, that he did not need their authority to go to war.” Kennedy says of Cheney’s statement after the hearings, “We’ve not seen such arrogance in a president since Watergate.” [Dean, 2007, pp. 90]

Entity Tags: Richard (“Dick”) Cheney, Edward M. (“Ted”) Kennedy, John Dean

Timeline Tags: Events Leading to Iraq Invasion, US-Iraq 1980s

The US Defense Department begins censoring war reporting from the Persian Gulf. [PBS Frontline, 1/9/1996]

Entity Tags: US Department of Defense

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Faced with a lawsuit from 53 members of Congress demanding that he seek Congressional authorization before invading Iraq (see December 1990 and January 16, 1991 and After), President Bush asks Congress for such an authorization. His carefully worded request does not directly acknowledge the constitutional requirement that Congress authorize any military involvement by the US. After three days of what the New York Times calls “solemn, often eloquent debate,” both chambers of Congress approve the war resolution. [PBS Frontline, 1/9/1996; Dean, 2007, pp. 90-91] That authority is granted in part because of propaganda efforts mounted by Pentagon and Kuwaiti officials (see October 10, 1990). Even with such powerful persuasive tactics, the vote in the US Senate is 52-47 and 250-183 in the US House of Representatives, the closest such vote since the War of 1812. [NationMaster, 12/23/2007]
House Reminds Bush that Congress Retains Power to Declare War - The House passes another resolution, 302-131, informing the White House that Congress has the exclusive authority under the Constitution to declare war. Of this second resolution, author and former Nixon White House counsel John Dean will write in 2007, “The breakdown of the vote is telling: 260 Democrats and 41 Republicans along with one independent voted to support the wording and clear intention of Article I of the Constitution; 126 Republicans and 5 Democrats, all hard-right conservatives (including Tom DeLay, R-TX, and two would-be presidents of the United States, Newt Gingrich, R-GA and Duncan Hunter, R-CA) voted against the resolution.” [Dean, 2007, pp. 90-91]
Gore Persuaded to Support War by Wilson - One of the few Democratic senators to vote for the war is Al Gore (D-TN). Gore takes time from the floor deliberations to speak with the ranking US diplomat in Iraq, Joseph Wilson, who once served as Gore’s aide (see September 5, 1988 and After). Gore grills Wilson for twenty minutes on the efficacy of US sanctions against Iraq (see August 6, 1990) and the necessity of US intervention to free Kuwait before returning to the Senate to vote for the authorization. Wilson later writes of his outrage that Gore’s fellow senator, Alan Simpson (R-WY), would accuse Gore during the 2000 election of being what Simpson will call “Prime Time Al” for the timing of his speech in favor of the war authorization. Wilson recalls Simpson as the senator who had been “practically on bended knee before Saddam in April 1990, reassuring the Iraqi dictator that he had a press problem and not a policy problem” (see April 12, 1990). Wilson will continue, “It was an outrage that a decade later he had the nerve to be critical of the one senator who had really taken the time to listen to an analysis from the field and factor that into his decision on what most senators agreed was one of the most momentous votes of their careers.” [Wilson, 2004, pp. 163-164]

Entity Tags: Tom DeLay, New York Times, Joseph C. Wilson, Newt Gingrich, George Herbert Walker Bush, Albert Arnold (“Al”) Gore, Jr., Duncan Hunter, Bush administration (41), Alan Simpson, John Dean

Timeline Tags: Events Leading to Iraq Invasion

With US military strikes just days away (see January 9-13, 1991 and January 16, 1991 and After), ranking US diplomat Joseph Wilson shuts down the US embassy in Baghdad, hauling down the flag from over the embassy and taking it with him as he drives to the airport to leave Iraq. Wilson is the last American to leave Iraq before the invasion. He later calls it “probably the most difficult thing I have ever had to do.” He particularly worries about the loyal and hardworking Iraqis who, until today, worked for the embassy. They are now unemployed and likely to face retribution for working with the Americans. [Wilson, 2004, pp. 171]

Entity Tags: Joseph C. Wilson

Timeline Tags: Events Leading to Iraq Invasion

One of the many air strikes launched against Iraqi targets during Operation Desert Storm.One of the many air strikes launched against Iraqi targets during Operation Desert Storm. [Source: US Air Force]The US launches a massive air assault against Iraq in retaliation for that country’s invasion of Kuwait (see August 2, 1990). The air assault begins the day after a UN deadline for Iraq’s withdrawal from Kuwait expires (see November 29, 1990). F-117 Stealth bombers hit Baghdad with an array of high-tech bombs and missiles; many of the explosions are televised live, or on briefly delayed feeds, on CNN, which launches virtually 24-hour coverage of the air strikes. In the first 48 hours of the war, 2,107 combat missions drop more than 5,000 tons of bombs on Baghdad alone, nearly twice the amount that incinerated Dresden in World War II.
'Thunder and Lightning of Desert Storm' - US Army General Norman Schwarzkopf, chief of the US Central Command (CENTCOM), announces the beginning of hostilities by transmitting the following: “Soldiers, sailors, airmen and Marines of the United States Central Command, this morning at 0300, we launched Operation Desert Storm, an offensive campaign that will enforce the United Nation’s resolutions that Iraq must cease its rape and pillage of its weaker neighbor and withdraw its forces from Kuwait. My confidence in you is total. Our cause is just! Now you must be the thunder and lightning of Desert Storm. May God be with you, your loved ones at home, and our country.” [US Navy, 9/17/1997]
Initial Attacks Obliterate Iraqi Navy, Much of Air Force, Many Ground Installations - The attack begins with an assault of over 100 Tomahawk land attack missiles (TLAMs) launched from US naval vessels in the Persian Gulf and Red Sea, and attack helicopter strikes on Iraqi radar installations near the Iraq-Saudi Arabian border. The assaults destroy much of Iraq’s air defense and command-and-control capabilities. The missile assault is quickly followed by fighter, bomber, and assault helicopter strikes which continue pounding at Iraqi government buildings, power stations, dams, military sites, radio and television stations, and several of Saddam Hussein’s palaces. The strikes essentially obliterate the Iraqi Navy, and drastically cripple the Iraqi Air Force. (Between 115 and 140 aircraft and crews of the Iraqi Air Force flees to Iran over the course of the war, a move that surprises US commanders, who expected the aircraft and their crews to attempt to flee to Jordan, not Iran. The Iranians will never give Iraq back its aircraft, and will not release Iraqi air crews for years to come.) A US Navy review later calls the combined Navy-Marine air campaign, conducted in concert with US Air Force strikes, “successful beyond the most optimistic expectations.” The Navy later reports that “allied air forces dropped over 88,500 tons of ordnance on the battlefield.” [US Navy, 9/17/1997; NationMaster, 12/23/2007] Iraqi anti-aircraft counterattacks are surprisingly effective, downing around 75 US and British aircraft in the first hours of attacks. The US media does not widely report these downings, nor does it give much attention to the dozens of pilots and air crew captured as POWs. [NationMaster, 12/23/2007]
'The Mother of All Battles' - Five hours after the first attacks, Baghdad state radio broadcasts a voice identified as Saddam Hussein. Hussein tells his people that “The great duel, the mother of all battles has begun. The dawn of victory nears as this great showdown begins.” [NationMaster, 12/23/2007]
US Embassy Helped Locate Targets for Air Strikes - Deputy Chief of Mission Joseph Wilson, the last American to leave Baghdad (see January 12, 1991), and his staff provided critical assistance to the US battle planners in choosing their initial targets. Over the months, Wilson and his staff developed a “hostage tracking system,” monitoring and recording the movements of the American hostages as they were transferred from site to site to be used as human shields in the event of a US strike (see August 4, 1990 and August 8, 1990). Wilson and his staff were able to identify some 55 sites that were being used around the country, presumably some of the most critical military and infrastructure sites in Iraq. Wilson gave that information to the Pentagon. He will later write, “I was gratified when several months later, on the first night of Desert Storm, long after the hostages had been released, many of those sites were ones hit by American bombs.” [Wilson, 2004, pp. 141]

Entity Tags: US Department of the Navy, United Nations, US Department of the Marines, US Department of the Air Force, US Department of the Army, CNN, Richard (“Dick”) Cheney, Norman Schwarzkopf, Joseph C. Wilson, US Department of Defense, US Department of State, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

President George H. W. Bush signs a covert “lethal finding” authorizing the CIA to spend a hundred million dollars to “create the conditions for removal of Saddam Hussein from power.” [New Yorker, 6/7/2004] The CIA forms the Iraqi Opposition Group within its Directorate of Operations to implement this policy. [Ritter, 2005, pp. 128] Awash in cash, the agency hires the Rendon Group to influence global political opinion on matters related to Iraq. According to Francis Brooke, an employee of the company who’s paid $22,000 per month, the Rendon Group’s contract with the CIA provides it with a ten percent “management fee” on top of whatever money it spends. “We tried to burn through $40 million a year,” Brooke will tell the New Yorker. “It was a very nice job.” The work involves planting false stories in the foreign press. The company begins supplying British journalists with misinformation which then shows up in the London press. In some cases, these stories are later picked up by the American press, in violation of laws prohibiting domestic propaganda. “It was amazing how well it worked. It was like magic,” Brooke later recalls. Another one of the company’s tasks is to help the CIA create a viable and unified opposition movement against Saddam Hussein (see June 1992). This brings the Rendon Group and Francis Brooke into contact with Iraqi exile Ahmed Chalabi (see After May 1991). The CIA will soon help Chalabi and Rendon create the Iraqi National Congress (INC) to further the goal of toppling Hussein. [New Yorker, 6/7/2004] Author and intelligence expert James Bamford will later say, “Chalabi was a creature of American propaganda to a large degree. It was an American company, the Rendon Group, that—working secretly with the CIA—basically created his organization, the Iraqi National Congress. And put Chalabi in charge basically.… From the very beginning Chalabi was paid a lot of money from the US taxpayers. The CIA paid him originally about 350,000 dollars a month, to Chalabi and his organization.” [PBS, 4/25/2007]

Entity Tags: Saddam Hussein, Rendon Group, Iraqi Opposition Group, James Bamford, George Herbert Walker Bush, Francis Brooke, Central Intelligence Agency, Ahmed Chalabi, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Fall 1992 - 1996: Plame Becomes CIA ‘NOC’

Valerie Plame, a young CIA case officer working in the Europe Division at the agency’s Directorate of Operations following a tour in Greece (see Fall 1985 and Fall 1989), decides on a risky career move—becoming a NOC, or Nonofficial Covered Officer. As reporter Laura Rozen will later explain: “Becoming a NOC would require Plame to erase all visible connections to the US government, while, with the help of the agency’s Office of Central Cover, developing and inhabiting a plausible new private sector career and professional identity that would serve as useful cover for her to meet and develop potential sources of intelligence value to the agency without revealing herself as an agent of the US government. It also meant giving up the protection of diplomatic status should her covert activities be discovered.” “A NOC has no overt affiliation with the US government,” Plame will later write. “If he was caught, the United States would deny any connection.” The CIA accepts her as a NOC candidate, and in order to distance herself from her former association with her former “cover” career as a junior State Department officer in Athens, Plame begins pursuing double graduate degrees in international affairs and European studies. She studies at both the London School of Economics and at the College of Europe in Bruges, Belgium, where the entire curriculum is taught in French. By 1996 she is ensconced in an apartment in Brussels, where she begins a “career” as an energy executive and secret NOC. She has a far wider range of potential contacts within the corporate world as an apparent private citizen, and her new assignment introduces her to the world of weapons proliferation, WMD, counternarcotics, economic intelligence, technological developments, and counterterrorism. [Wilson, 2007, pp. 332-333]

Entity Tags: Laura Rozen, College of Europe, US Department of State, Central Intelligence Agency, Valerie Plame Wilson, London School of Economics

Timeline Tags: A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

The outgoing President Bush pardons six former Reagan officials for any crimes they may have committed as part of their involvement in the Iran-Contra affair. One of the six, former Defense Secretary Caspar Weinberger, was slated to go on trial in January 1993 on charges that he lied to Congress about his knowledge of arms sales to Iran and funding from other countries for the Nicaraguan Contras (see July 24, 1992). Weinberger’s case was expected to reveal details of then-Vice President Bush’s involvement in the affair. Bush has refused to turn over a 1986 campaign diary he kept that may contain evidence of his involvement. Special prosecutor Lawrence Walsh says of the pardons, “[T]he Iran-Contra cover-up, which has continued for more than six years, has now been completed.” The pardons “undermine… the principle that no man is above the law. It demonstrates that powerful people with powerful allies can commit serious crimes in high office—deliberately abusing the public trust without consequence.” Walsh says that he believes Bush may have pardoned Weinberger to conceal his own complicity and possibly criminal actions in Iran-Contra. Bush also pardons former National Security Adviser Robert McFarlane and former Assistant Secretary of State Elliott Abrams, both of whom have already pled guilty to misdemeanor charges of withholding information from Congress. Bush also pardons Clair George, the former head of the CIA’s clandestine services, convicted earlier in December of two felony charges of perjury and misleading Congress. Finally, he pardons two other CIA officials, Duane Clarridge, who is awaiting trial, and Alan Fiers, who pled guilty to withholding information from Congress, and who testified against George. For his part, Bush says he is merely trying to “put bitterness behind us” in pardoning the six, many of whom he said have already paid a heavy price for their involvement. Senator George Mitchell (D-ME) is sharply critical of the pardons, saying, “If members of the executive branch lie to the Congress, obstruct justice and otherwise break the law, how can policy differences be fairly and legally resolved in a democracy?” [New York Times, 12/25/1992]

Entity Tags: Robert C. McFarlane, Caspar Weinberger, Alan Fiers, Clair George, Lawrence E. Walsh, Contras, George Herbert Walker Bush, Duane Clarridge, Elliott Abrams, George Mitchell

Timeline Tags: Iran-Contra Affair

President Clinton issues Executive Order 12949, which marginally extends the powers of the Justice Department to conduct warrantless surveillance of designated targets, specifically suspected foreign terrorists. Perhaps the most controversial aspect of the order comes in the first section, which reads, “Pursuant to section 302(a)(1) of the [Foreign Intelligence Surveillance] Act [FISA], the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.” [US President, 2/9/1995] As with then-president Jimmy Carter’s own May 1979 order extending the Justice Department’s surveillance capabilities (see May 23, 1979), after George W. Bush’s warrantless domestic wiretapping program will be revealed in December 2005 (see December 15, 2005), many of that program’s defenders will point to Clinton’s order as “proof” that Clinton, too, exercised unconstitutionally broad powers in authorizing wiretaps and other surveillance of Americans. These defenders will point to the “physical search” clause in Clinton’s order to support their contention that, if anything, Clinton’s order was even more egregrious than anything Bush will order. This contention is false. [50 U.S.C. 1802(a); Think Progress, 12/20/2005] Under FISA, the Attorney General must certify that any such physical search does not involve the premises, information, material, or property of a United States person.” That means US citizens or anyone inside the United States. Clinton’s order does not authorize warrantless surveillance or physical searches of US citizens. [US President, 2/9/1995; Think Progress, 12/20/2005]

Entity Tags: US Department of Justice, James Earl “Jimmy” Carter, Jr., William Jefferson (“Bill”) Clinton, George W. Bush, Foreign Intelligence Surveillance Act

Timeline Tags: Civil Liberties

April 25, 1996: New Anti-Terrorism Law Passed

President Clinton signs the Antiterrorism and Effective Death Penalty Act, which the New York Times calls “broad legislation that provides new tools and penalties for federal law-enforcement officials to use in fighting terrorism.” The Clinton administration proposed the bill in the aftermath of the Oklahoma City terrorist bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). In many ways, the original bill will be mirrored by the USA Patriot Act six years later (see October 26, 2001). Civil libertarians on both the left and right opposed the legislation. Political analyst Michael Freeman called the proposal one of the “worst assaults on civil liberties in decades,” and the Houston Chronicle called it a “frightening” and “grievous” assault on domestic freedoms. Many Republicans opposed the bill, and forced a compromise that removed increased wiretap authority and lower standards for lawsuits against sellers of guns used in crimes. CNN called the version that finally passed the Republican-controlled Congress a “watered-down version of the White House’s proposal. The Clinton administration has been critical of the bill, calling it too weak. The original House bill, passed last month, had deleted many of the Senate’s anti-terrorism provisions because of lawmakers’ concerns about increasing federal law enforcement powers. Some of those provisions were restored in the compromise bill.” [CNN, 4/18/1996; New York Times, 4/25/1996; Roberts, 2008, pp. 35] An unusual coalition of gun rights groups such as the National Rifle Association (NRA) and civil liberties groups such as the American Civil Liberties Union (ACLU) led the opposition to the law. [New York Times, 4/17/1996] By the time Congress passed the bill, it had been, in the words of FBI Director Louis Freeh, “stripped… of just about every meaningful provision.” [Roberts, 2008, pp. 35] The law makes it illegal in the US to provide “material support” to any organization banned by the State Department. [Guardian, 9/10/2001]

Entity Tags: William Jefferson (“Bill”) Clinton, Louis J. Freeh, National Rifle Association, American Civil Liberties Union, Clinton administration, Michael Freeman, USA Patriot Act, US Congress

Timeline Tags: Complete 911 Timeline, Civil Liberties, US Domestic Terrorism

Former US ambassador Joe Wilson and CIA officer Valerie Plame meet for the first time at a reception held at the Turkish ambassador’s residence. Wilson is a political adviser to the Commander in Chief of the US Armed Forces in Europe. Plame describes herself as an “energy executive living in Brussels.” Wilson and Plame will marry a year later and will become involved in the “Plame Affair,” when Plame’s affiliation with the CIA is disclosed in the media (see July 14, 2003). After her marriage, Plame will generally be referred to by the name Plame Wilson. Wilson, who is accompanied by General James Jamerson, is there to receive an award from the American-Turkish Council. The reason for Plame’s presence there is not known. [Wilson, 2004, pp. 239-242, 273] However, the American-Turkish Council will later be said to be involved in the smuggling of nuclear weapons material to Turkey and other countries (see Late 1990s-Early 2001 and Mid-Late 1990s), and Plame’s job at the CIA is in its non-proliferation section (see Late February 1999), so she may be there for operational reasons. [Sunday Times (London), 1/6/2008; Sunday Times (London), 1/27/2008]

Entity Tags: James Jamerson, American-Turkish Council, Valerie Plame Wilson, Joseph C. Wilson

Timeline Tags: A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

CIA officer Valerie Plame Wilson uses the front company Brewster Jennings & Associates as cover for work against the nuclear proliferation network run by Pakistani scientist A. Q. Khan. Details of what exactly she does and whether other CIA officers use it as cover are not known. However, she is said to pose as an “oil consultant” and the company is also said to be involved in alternative energy in some way. [Sunday Times (London), 1/27/2008] According to former CIA officer Vincent Cannistraro, her specialty in the agency’s nonproliferation center is biological, chemical and nuclear weapons, and “recruiting agents, sending them to areas where they could access information about proliferation matters, weapons of mass destruction.” [New York Daily News, 1/27/2008] Plame Wilson makes a donation of $1,000 to Al Gore’s election campaign in 1999 giving the company’s name as her employer, and also lists it as her employer on her 1999 tax forms. [Sunday Times (London), 1/27/2008]

Entity Tags: Vincent Cannistraro, Brewster Jennings & Associates, Central Intelligence Agency, Valerie Plame Wilson

Timeline Tags: A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

The Committee for Peace and Security in the Gulf (CPSG), a bipartisan group made up largely of foreign policy specialists, sends an “Open Letter to the President” calling for President Clinton to use the US military to help Iraqi opposition groups overthrow Saddam Hussein and replace him with a US-friendly government. US law forbids such an operation. The group is led by, among others, former Representative Stephen Solarz (D-NY) and prominent Bush adviser Richard Perle, a former assistant secretary of defense.
Largely Neoconservative in Makeup - Many of its co-signers will become the core of the Bush administration’s neoconservative-driven national security apparatus. These co-signers include Elliott Abrams, Richard Armitage, John Bolton, Stephen Bryen, Douglas Feith, Frank Gaffney, Fred Ikle, Robert Kagan, Zalmay Khalilzad, William Kristol, Michael Ledeen, Bernard Lewis, Peter Rodman, Donald Rumsfeld, Gary Schmitt, Max Singer, Casper Weinberger, Paul Wolfowitz, David Wurmser, and Dov Zakheim. [CNN, 2/20/1998; Middle East Policy Council, 6/2004] The CPSG is closely affiliated with both the neoconservative Project for the New American Century (PNAC—see June 3, 1997 and January 26, 1998) and the neoconservative American Enterprise Institute (AEI), both of which boast Perle as a powerful and influential member. Jim Lobe of the Project Against the Present Danger later learns that the CPSG is funded in large part by a sizable grant from the right-wing Bradley Foundation, a key funding source for both the PNAC and the AEI. According to Counterpunch’s Kurt Nimmo, the plan for overthrowing Iraq later adopted by the Bush administration, and currently advocated by the CPSG, will be echoed in the PNAC’s September 2000 document, “Rebuilding America’s Defenses” (see September 2000). [CounterPunch, 11/19/2002]
Advocates Supporting Iraq-Based Insurgency - The letter reads in part: “Despite his defeat in the Gulf War, continuing sanctions, and the determined effort of UN inspectors to root out and destroy his weapons of mass destruction, Saddam Hussein has been able to develop biological and chemical munitions.… This poses a danger to our friends, our allies, and to our nation.… In view of Saddam Hussein’s refusal to grant UN inspectors the right to conduct unfettered inspections of those sites where he is suspected of storing his still significant arsenal of chemical and biological munitions and his apparent determination never to relinquish his weapons of mass destruction, we call upon President Clinton to adopt and implement a plan of action designed to finally and fully resolve this utterly unacceptable threat to our most vital national interests.” The plan is almost identical to the “End Game” scenario proposed in 1993 (see November 1993) and carried out, without success, in 1995 (see March 1995). It is also virtually identical to the “Downing Plan,” released later in 1998 (see Late 1998). In 2004, then-Defense Intelligence Agency official Patrick Lang will observe, “The letter was remarkable in that it adopted some of the very formulations that would later be used by Vice President [Dick] Cheney and other current administration officials to justify the preventive war in Iraq that commenced on March 20, 2003” (see March 19, 2003). The CPSG advocates:
bullet US support for Ahmed Chalabi’s Iraqi National Congress (INC—see 1992-1996) as the provisional government to replace Hussein’s dictatorship;
bullet Funding the INC with seized Iraqi assets, designating areas in the north and south as INC-controlled zones, and lifting sanctions in those areas;
bullet Providing any ground assault by INC forces (see October 31, 1998) with a “systematic air campaign” by US forces;
bullet Prepositioning US ground force equipment “so that, as a last resort, we have the capacity to protect and assist the anti-Saddam forces in the northern and southern parts of Iraq”;
bullet Bringing Hussein before an international tribunal on war crimes charges.
Carrying out these actions, Solarz says, would completely eliminate the threat of weapons of mass destruction that he claims Iraq owns. [Abrams et al., 2/19/1998; CNN, 2/20/1998; Middle East Policy Council, 6/2004]

Gary Schmitt.Gary Schmitt. [Source: Think Progress (.org)]Prominent neoconservative Abram Shulsky, who worked under former Senator Henry “Scoop” Jackson (see Early 1970s), joins fellow neoconservative Gary Schmitt, the founder of the Project for the New American Century (PNAC - see January 26, 1998), in penning an essay called “Leo Strauss and the World of Intelligence.” Both are Strauss proteges, having studied under him at the University of Chicago. Strauss is considered an intellectual guiding light for neoconservative philosophy. Strauss, as Shulsky and Schmitt write, believed that all intelligence work essentially boils down to deception and counterdeception, as much with the governments and citizenry an intelligence agency ostensibly serves as with an enemy government or organization. Strauss viewed intelligence as a means for policymakers to attain and justify policy goals, not to describe the realities of the world. Intelligence is “the art of deception,” Strauss taught. Shulsky will go on to implement Strauss’s views in his work with the Office of Special Plans (see September 2002). [Middle East Policy Council, 6/2004]

Entity Tags: Henry (“Scoop”) Jackson, Gary Schmitt, University of Chicago, Abram Shulsky, Leo Strauss, Office of Special Plans, Project for the New American Century

Timeline Tags: Neoconservative Influence

Wissam al-Zahawie, Iraq’s ambassador to the Vatican, sets off on a trip to several African countries as part of an effort to convince African heads of state to visit Iraq. Saddam Hussein hopes that these visits will help break the embargo on flights to Iraq and undermine the UN sanctions regime. Zahawie’s first stop is Niger, where he meets with the country’s President Ibrahim Bare Mainassara for one hour. Mainassara promises that he will visit Baghdad the following April. (He is assasinated before he has an opportunity to do this.) [Sunday Herald (Glasgow), 7/13/2003; Independent, 8/10/2003; Time, 10/2/2003; New Yorker, 10/27/2003] In early 2002, the Italian military intelligence service, SISMI, will allege in a report (see February 5, 2002) sent to the US that the motive behind the visit is to discuss the future purchase of uranium oxide, also known as “yellowcake” (see October 15, 2001). [New Yorker, 10/27/2003] However, no one at this time suggests that the trip’s motives have anything to do with acquiring uranium. Zahawie’s trip is reported in the local newspaper as well as by a French news agency. The US and British governments are aware of the trip and show no concern about Niger, which is actively seeking economic assistance from the United States. [New Yorker, 10/27/2003] In 2003, al-Zawahie will tell British reporters: “My only mission was to meet the president of Niger and invite him to visit Iraq. The invitation and the situation in Iraq resulting from the genocidal UN sanctions were all we talked about. I had no other instructions, and certainly none concerning the purchase of uranium.” [Independent, 8/10/2003]

Entity Tags: Wissam al-Zahawie, Ibrahim Bare Mainassara

Timeline Tags: Niger Uranium and Plame Outing

Valerie Plame Wilson, a covert CIA agent (see Fall 1992 - 1996) posing as an energy executive, lists “Brewster-Jennings & Assoc.” as her employer when making a $1,000 donation to the presidential campaign of Al Gore (D-TN). “Brewster Jennings” will later be revealed to be a CIA front company (see October 3, 2003). [FactCheck (.org), 7/22/2005; Chicago Tribune, 3/11/2006]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, Brewster Jennings

Timeline Tags: Niger Uranium and Plame Outing

Former President George H. W. Bush, a former director of the CIA, speaks at the dedication ceremony of the new intelligence center bearing his name. In the course of his speech, Bush says: “We need more human intelligence. That means we need more protection for the methods we use to gather intelligence and more protection for our sources, particularly our human sources, people that are risking their lives for their country.… I have nothing but contempt and anger for those who betray the trust by exposing the name of our sources. They are, in my view, the most insidious, of traitors.” [Central Intelligence Agency, 4/26/1999] These remarks will later be unearthed in conjunction with the White House’s leaking of the identity of covert CIA agent Valerie Plame Wilson (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), and the publication of her name and status by conservative columnist Robert Novak (see July 14, 2003).

Entity Tags: George Herbert Walker Bush, Bush administration (43), Robert Novak, Central Intelligence Agency, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Italian information peddler Rocco Martino agrees to pay Laura Montini, an employee at the Niger embassy in Rome, the sum of £350 per month in exchange for any documents that might shed light on rumours that “rogue states” are trying to acquire uranium from Niger (see Between 1999 and 2000). Martino wants to sell the documents to the French who are investigating the rumours. France is concerned about the security of a French consortium that controls Niger’s only two uranium mines. Martino has reportedly been on French intelligence’s payroll since 1999 (see June or July 1999). Martino learned of Montini through his friend Antonio Nucera, deputy chief of the SISMI center in Viale Pasteur in Rome (see Early 2000). Up until this point, Montini, age 60, has been working as an informant for Italian intelligence. She goes by the name “La Signora.” [Sunday Times (London), 8/1/2004; Financial Times, 8/2/2004; La Repubblica (Rome), 10/24/2005; Marshall, 11/10/2005; Sunday Times (London), 4/9/2006; Vanity Fair, 7/2006, pp. 150] One of the first documents she gives to Martino is one relating to Wissam al-Zahawie’s 1999 visit to Niger (see February 1999). Martino reportedly passes the document on to the French. [Sunday Times (London), 4/9/2006] Over the next several months, La Signora reportedly provides Martino with numerous documents—a “codebook,” a dossier including a mixture of fake and genuine documents, and then finally, a purported agreement between Niger and Iraq on the sale of 500 tons of uranium oxide, also known as “yellowcake.” [Marshall, 11/10/2005]

Entity Tags: Antonio Nucera, Laura Montini, Rocco Martino

Timeline Tags: Niger Uranium and Plame Outing

During the first presidential debate between George W. Bush (R-TX) and Al Gore (D-TN), Bush accuses Gore of advocating a policy of aggressive foreign interventionism, a policy Gore does not support, but which Bush does (see December 2, 1999 and Spring 2000). “The vice president and I have a disagreement about the use of troops,” Bush says. “He believes in nation-building. I would be very careful about using our troops as nation builders” (see March 19, 2003). (Apparently, Bush is conflating the idea of foreign interventionism with the concept of nation building, two somewhat different concepts.) [Unger, 2007, pp. 175-176] Bush will reiterate the claim in the next presidential debate (see October 11, 2000).

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: Events Leading to Iraq Invasion, US International Relations

A set of documents is forged implicating Iraq in an attempt to purchase 500 tons of uranium oxide, also known as “yellowcake,” from Niger. [Agence France-Presse, 7/19/2003; Reuters, 7/19/2003; New Yorker, 10/27/2003; Talking Points Memo, 10/31/2003; La Repubblica (Rome), 10/24/2005] It is possible that official stamps and letterhead stolen from the Niger embassy in Rome (see January 2, 2001) are used to fabricate the documents, though a subsequent police investigation suggests that the break-in may have been staged to provide a cover story for the origins of the documents. [Isikoff and Corn, 2006, pp. 88] Material gleaned from real Italian intelligence (SISMI) documents dating back to the 1980s concerning Iraq’s yellowcake purchases from Niger during that period are also incorporated into the set of forged documents. [La Repubblica (Rome), 10/24/2005; San Francisco Chronicle, 10/30/2005] But it is unclear who exactly is responsible for the forgeries. In August 2004, the Financial Times will report that according to Rocco Martino, the Italian information peddler who later tries to sell the documents, the documents are fabricated by SISMI, which passes them on to Martino through embassy employee Laura Montini, a paid SISMI asset. [Financial Times, 8/2/2004] In October 2005, the Italian newspaper La Repubblica will suggest the forgery is done by Montini and fellow embassy employee Zakaria Yaou Maiga under the guidance of Martino and Antonio Nucera, the deputy chief of the SISMI center in Viale Pasteur in Rome. [La Repubblica (Rome), 10/24/2005] In 2006, an official investigation will add support to this account, concluding that Montini and Maiga, motivated by money, were indeed the forgers of the documents. [Sunday Times (London), 4/9/2006] SISMI director Nicolo Pollari will later acknowledge that Martino had worked as a SISMI agent in the past, but deny any SISMI involvement in the Iraq-Niger affair. “[Nucera] offered [Martino] the use of an intelligence asset [Montini]—no big deal, you understand—one who was still on the books but inactive—to give a hand to Martino,” Pollari will explain. Author Craig Unger will observe that the issue is, if Pollari is to be believed, just one friend helping another friend by loaning him an intelligence asset to help disseminate forged documents. Martino has a different explanation: “SISMI wanted me to pass on the documents, but they didn’t want anyone to know they had been involved.” The information is quite contradictory. The Italian newspaper La Repubblica will call Martino “a failed carabiniere and dishonest spy,” and a “double-dealer” who “plays every side of the fence.” But Unger will later note that assets like him are valuable precisely because they lack credibility. “If there were a deep-cover unit of SISMI, it would make sense to hire someone like Rocco,” says former DIA analyst Patrick Lang. “His flakiness gives SISMI plausible deniability. That’s standard tradecraft for the agencies.” Until Martino stops talking to journalists in 2005, he will insist he believed the documents were authentic (see Summer 2004). “I sell information, I admit,” he will tell a London reporter. “But I only sell good information.” [Unger, 2007, pp. 236]

Entity Tags: Rocco Martino, Nicolo Pollari, Laura Montini, La Repubblica, Zakaria Yaou Maiga, Antonio Nucera, Craig Unger, SISMI, Patrick Lang

Timeline Tags: Niger Uranium and Plame Outing

The US intelligence community—most notably the intelligence gatherers working in the Pentagon offices under Douglas Feith (see September 2002) —bases several of its intelligence assessments concerning Iraq on information offered by the Iraqi National Congress (INC) and by Iraqi defectors provided by the INC, despite warnings from the State Department and some CIA analysts that the lobbying group cannot be trusted. [New Yorker, 5/12/2003; Salon, 7/16/2003; Guardian, 7/17/2003; Inter Press Service, 8/7/2003; Independent, 9/30/2003; Mother Jones, 1/2004 Sources: Greg Thielmann, Unnamed administration official] The INC’s primary intelligence organization is its Information Collection Program (ICP), which conducts about 20 percent of all US intelligence’s verbal debriefings of Iraqi prisoners, insurgents, and defectors. [Bamford, 2004, pp. 336-337] Some of the INC’s intelligence on Iraq is reportedly funneled directly to the office of Vice President Dick Cheney by Francis Brooke, the DC lobbyist for the group. [Newsweek, 12/15/2003 Sources: Memo, Francis Brooke] Brooke will later acknowedge that the information provided by the INC was driven by an agenda. “I told them [the INC], as their campaign manager, ‘Go get me a terrorist and some WMD, because that’s what the Bush administration is interested in.’” [Vanity Fair, 5/2004, pp. 230] Brooke had previously worked for the Rendon Group, “a shadowy CIA-connected public-relations firm.” [Mother Jones, 1/2004]

Entity Tags: Douglas Feith, Richard (“Dick”) Cheney, Francis Brooke, Frank Gaffney, Office of Special Plans

Timeline Tags: Events Leading to Iraq Invasion

The National Security Agency seeks the assistance of global telecommunications corporation AT&T to help it set up a domestic call monitoring site to eavesdrop on US citizens’ phone communications, according to court papers filed in June 2006 as part of a lawsuit against AT&T (see October 2001). The NSA is expressly forbidden from spying on US citizens within US borders unless authorized by the Foreign Surveillance Intelligence Court (FISC) (see 1978). When the NSA program, which wiretaps phone and email communications often without court warrants, becomes public knowledge well over four years later (see December 15, 2005), President Bush, NSA Director Michael Hayden, and other White House and government officials will assert that the program was set up in response to the September 11, 2001 terrorist attacks. If the claims made in the lawsuit are accurate, these assertions are provably false. “The Bush administration asserted this became necessary after 9/11,” lawyer Carl Mayer will claim in 2006. “This undermines that assertion.” Unbeknownst to most Americans, the NSA is operating a secret “data mining” operation that, by 2006, will have compiled phone records and contact information on millions of domestic phone and email communications. The NSA project is code-named “Project Groundbreaker,” and is ostensibly an above-board attempt announced in June 2000 to have AT&T and other firms help modernize its technological capabilities. The project originally seeks to have AT&T build a network operations center that duplicates AT&T’s facility in Bedminster, New Jersey; this plan will be altered when the NSA decides it will be better served by acquiring the monitoring technology itself. The agency is seeking bids for a project to “modernize and improve its information technology infrastructure,” including the privatization of its “non-mission related” systems support. [TechWeb, 6/13/2000; Bloomberg, 6/30/2006] Groundbreaker’s privatization project is expected to provide up to $5 billion in government contracts to various private firms such as AT&T, Computer Sciences Corporation, and OAO Corporation, [Computerworld, 12/4/2000; Government Executive, 9/1/2001] and up to 750 NSA employees will become private contractors. Hayden, who has aggressively instituted a corporate management protocol to enhance productivity and has brought in numerous senior managers and agency executives from private defense firms, is a strong proponent of privatizing and outsourcing much of the NSA’s technological operations, and in 2001 will say that he wants the agency to focus on its primary task of breaking codes and conducting surveillance. Hayden does not admit that Groundbreaker is part of a larger NSA domestic surveillance program, [Government Executive, 9/1/2001] and publicly, NSA officials say that the project is limited to administrative and logistics functions. [Computerworld, 12/4/2000] The covert data mining portion of the project is code-named “Pioneer.” A former, unnamed employee of the NSA, [Bloomberg, 6/30/2006] and a former AT&T technician, Mark Klein, will provide the key information about Groundbreaker (see Late 2002, July 7, 2009 and December 15-31, 2005). Klein will say in 2006 that he saw the NSA construct a clandestine area within its switching center in San Francisco, and saw NSA technicians shunt fiber optic cable carrying Internet traffic into that area, which contains a large data bank and secret data mining hardware (see April 6, 2006). Klein will say he knew that the NSA built other such facilities in other switching locations. He will go on to say that the NSA did not work with just AT&T traffic; when AT&T’s network connected with other networks, the agency acquired access to that traffic as well. [Democracy Now!, 5/12/2006] The information about AT&T and the NSA will become public knowledge after the 2006 filing of a lawsuit against AT&T and other telecommunications firms (see May 12, 2006 and June 26, 2006).

Entity Tags: Mark Klein, Michael Hayden, George W. Bush, Foreign Intelligence Surveillance Court, Bush administration (43), Carl Mayer, Computer Sciences Corporation, AT&T, National Security Agency, OAO Corporation

Timeline Tags: Civil Liberties

Joseph Nacchio.Joseph Nacchio. [Source: publicity photo via Business Week]Qwest CEO Joe Nacchio meets with NSA officials in Fort Meade, Maryland, to discuss two topics of mutual interest: a $100 million infrastructure upgrade that Qwest, one of the US’s largest telecommunications firms, can perform for the agency, and another topic that remains classified. (The meeting will be revealed in heavily redacted court documents released six years later—see October 12, 2007). Observers believe the discussion is about the NSA’s warrantless wiretapping program of US citizens, which the government will conceal for years (see December 15, 2005), and which the Bush administration will insist did not come about until after the 9/11 attacks (see December 17, 2005). Nacchio meets with NSA officials to discuss the agency’s “Groundbreaker” project (see February 2001), which the NSA will later claim is merely a modernization and upgrade of its technological infrastructure. A June 2006 lawsuit against AT&T over that firm’s cooperation with the NSA alleges that “Groundbreaker” is part of a secret domestic surveillance operation. According to the court documents, Nacchio and the NSA are unable to agree on an unrevealed topic of discussion; after that disagreement, the NSA will withdraw its “Groundbreaker” contract from consideration for Qwest. Nacchio, according to the documents, believes that the unrevealed topic of discussion involves illegal and inappropriate actions. He asks the agency officials whether “a warrant or other legal process had been secured.” The NSA officials, according to the documents, have a “disinclination on the part of the authorities to use any legal process,” leading Nacchio to conclude that “the requests violated the privacy requirements of the Telecommunications Act.” When Nacchio refuses to cooperate with the NSA, the agency withdraws its offer of the “Groundbreaker” contract. [Raw Story, 10/12/2007; Marketwatch, 10/13/2007] James F.X. Payne, the former chief of Qwest’s government business unit, will later tell investigators, “There was a feeling also that the NSA acted as agents for other government agencies.” [National Journal, 11/2/2007] In 2007, the New York Times will reveal that Qwest refuses to give the NSA access to its most localized communications switches, carrying largely domestic phone calls. The arrangement would have permitted neighborhood-by-neighborhood surveillance of phone traffic without a court order. [New York Times, 12/16/2007] The NSA has more success with other companies—and has enjoyed a long and fruitful relationship with Qwest as well (see February 2001).

Entity Tags: Qwest, New York Times, James F.X. Payne, Bush administration (43), AT&T, Joe Nacchio, National Security Agency

Timeline Tags: Civil Liberties

The National Security Agency (NSA) engages in apparently illegal surveillance of US citizens beginning shortly after the inauguration of George W. Bush as president. This will not be revealed to the public until media reports in January 2006, a month after the press revealed that the NSA had engaged in similar illegal wiretaps and surveillance of American citizens after the 9/11 attacks, using those attacks as justification for the surveillance (see December 15, 2005). The former NSA and counterterrorism officials who reveal the pre-9/11 spying will claim that the wiretaps, e-mail monitoring, and Internet surveillance were all “inadvertent,” as NSA computers “unintentionally” intercepted US citizens’ international phone calls and e-mails when the computers flagged keywords. NSA protocol demands that such “inadvertent” surveillance end as soon as NSA analysts realize they are spying on those citizens, and the names of the monitored citizens are supposed to be deleted from the NSA databases. Instead, the NSA is instructed to continue monitoring some citizens that are characterized as “of interest” to White House officials. Those officials include President Bush, Vice President Cheney, and Defense Secretary Donald Rumsfeld, say the former NSA and counterterrorism officials. In December 2000, the NSA told the incoming Bush administration that some US citizens are being inadvertently targeted for surveillance, but the names of the citizens are deleted because the law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents (see December 2000). However, once Bush takes office in January 2001, that practice undergoes a radical change. In the first few months of the administration, President Bush assigns Vice President Cheney to make himself more of a presence at the various US intelligence agencies, particularly the CIA, NSA, and DIA. Cheney, along with other officials at the State and Defense Departments, begins making repeated requests to the NSA to reveal the identities of those Americans which had previously been deleted, so that administration officials can more fully understand the context and scope of the intelligence. Such requests are technically legal. But Cheney goes well beyond the law when he requests, as he frequently does, that the NSA continue monitoring specific Americans already caught up in the NSA’s wiretaps and electronic surveillance. A former White House counterterrorism official will later claim that Cheney advised Bush of what he was learning from the NSA. “What’s really disturbing is that some of those people the vice president was curious about were people who worked at the White House or the State Department,” says another former counterterrorism official. “There was a real feeling of paranoia that permeated from the vice president’s office and I don’t think it had anything to do with the threat of terrorism. I can’t say what was contained in those taps that piqued his interest. I just don’t know.” [Truthout (.org), 1/17/2006]

Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Defense Intelligence Agency, George W. Bush, Donald Rumsfeld, US Department of Defense, National Security Agency, US Department of State

Timeline Tags: Civil Liberties

Photo of Iraqi aluminum tube, misidentified as a component for a nuclear reactor.Photo of Iraqi aluminum tube, misidentified as a component for a nuclear reactor. [Source: CIA]The CIA writes at least 15 reports (only seven of which have been identified; see, e.g., June 20, 2001, June 30, 2001, September 2004-September 2006, November 24, 2001, December 15, 2001, June 14, 2001, April 10, 2001) about Iraq’s interest in purchasing 7075-T6 aluminum tubes. Several of the assessments are distributed only to high-level policy makers, including President Bush, and are not sent to other intelligence agencies for peer review. According to a Senate Select Committee on Intelligence investigation, all the assessments rely on the same evidence and they all fail to note that the opinions of leading centrifuge experts at the Energy Department conflict with the CIA’s view. [US Congress, 7/7/2004, pp. 59; New York Times, 10/3/2004]

Entity Tags: Central Intelligence Agency, George W. Bush, US Department of Energy

Timeline Tags: Events Leading to Iraq Invasion

Victoria “Torie” Clarke joins the Defense Department. She is a public relations specialist who served as press secretary for President George H. W. Bush’s 1992 re-election campaign, worked closely with Senator John McCain (R-AZ), and was an Assistant US Trade Representative during the first Bush’s presidency. In the private sector, she was president of Bozell Eskew Advertising, Vice President of the National Cable Telecommunications Association, and the Washington director for the PR firm of Hill & Knowlton, the firm so heavily involved in promoting and selling the 1991 Gulf War (see January 16, 1991 and After). She brings strong ideas to her new position about achieving what she calls “information dominance” in both the domestic and foreign “markets” (see February 2003). She directs what John Stauber, the executive director of the Center for Media and Democracy, calls the “twin towers of propaganda” for the Pentagon: “embedding news media with the troops, and embedding military propagandists into the TV media” (see April 20, 2008 and Early 2002 and Beyond). [Stennis Center for Public Service, 8/17/2007; New York Times, 4/20/2008; Bill Berkowitz, 5/10/2008]

Entity Tags: Victoria (“Torie”) Clarke, John Stauber, US Department of Defense, Bush administration (43), Center for Media and Democracy, Reagan administration

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

Newly hired Defense Department public relations chief Victoria Clarke (see May 2001) begins a series of regular meetings with a number of Washington’s top private PR specialists and lobbyists. The group is tasked with developing a marketing plan for the upcoming war in Iraq. It is remarkably successful in securing press cooperation to spread its message (see August 13, 2003 and After May 31, 2001).
Bipartisan Makeup - Reporter Jeffrey St. Clair will later write, “The group was filled with heavy-hitters and was strikingly bipartisan in composition.” The group, later informally dubbed “the Rumsfeld Group,” is made up of, among others, PR executives John Rendon and Sheila Tate, Republican political consultant Rich Galen, and Democratic operative Tommy Boggs (brother of NPR’s Cokie Roberts and a PR consultant for the Saudi royal family; St. Clair believes Boggs may have had a hand in the decision to redact 20+ pages concerning the Saudis from Congress’s report on the intelligence failures leading to the 9/11 attacks—see April 2003 and August 1-3, 2003). The direct involvement, if any, of Defense Secretary Donald Rumsfeld is unclear.
Rendon's Involvement - John Rendon, the head of the Rendon Group, is a noteworthy veteran of the 1990-91 PR efforts to market the Gulf War (see August 11, 1990), has worked for both Democratic and Republican politicians and lobbying groups, and was instrumental in creating Ahmed Chalabi’s Iraqi National Congress (see May 1991). Rendon, already under contract with the Pentagon to help market the US bombing of Afghanistan, is one of the key players in marketing the upcoming Iraq invasion. Though Rendon refuses to discuss his work for the Pentagon, St. Clair believes he will be partially or completely responsible for some of the invasion’s signature events, including the toppling of the statue of Hussein in Firdos Square by US troops and Chalabi associates (see April 9, 2003), and video-friendly Iraqi crowds waving American flags as US Army vehicles roll by. Rendon explains his role like this: “I am not a national security strategist or a military tactician. I am a politician, and a person who uses communication to meet public policy or corporate policy objectives. In fact, I am an information warrior and a perception manager.” The Pentagon defines “perception management” as “actions to convey and/or deny selected information and indicators to foreign audiences to influence their emotions, motives, and objective reasoning.” St. Clair adds, “In other words, lying about the intentions of the US government.” One of the biggest instances of Pentagon “perception management” is the Office of Strategic Influence (see Shortly after September 11, 2001), also developed by Rendon. [CounterPunch, 8/13/2003]

Entity Tags: Tommy Boggs, Iraqi National Congress, Donald Rumsfeld, Bush administration (43), “The Rumsfeld Group”, Jeffrey St. Clair, Sheila Tate, John Rendon, US Department of Defense, Rich Galen, Victoria (“Torie”) Clarke, Office of Strategic Influence

Timeline Tags: Events Leading to Iraq Invasion

According to the trade publication PR Week, the ad hoc government public relations organization dubbed “The Rumsfeld Group” (see Late May 2001) is quite successful at sending what the publication calls “messaging advice” to the Pentagon.
Marketing a Link between Iraq, Islamist Radicals - The group tells Pentagon PR chief Victoria Clarke and Defense Secretary Donald Rumsfeld that to get the American public’s support for the war on terror, and particularly the invasion of Iraq, they need to fix in the public mind a link between terror and nation-states, not just fluid and ad hoc groups such as al-Qaeda. Reporter Jeffrey St. Clair will write, “In other words, there needed to be a fixed target for the military campaigns, some distant place to drop cruise missiles and cluster bombs.” The Rumsfeld Group comes up with the idea of labeling Iraq and certain other nations “rogue states,” an idea already extant in Rumsfeld’s mind, and the genesis of the so-called “axis of evil” (see January 29, 2002 and After January 29, 2002).
Veterans of the Gulf War - The government allocates tens of millions of dollars, most of which is handed out to private public relations and media firms hired to spread the Bush administration’s message that Iraq’s Saddam Hussein must be taken out before he can use his arsenal of nuclear, chemical, and biological weapons on US targets. Many of the PR and media executives are old friends of senior Bush officials, and many had worked on selling the 1991 Gulf War to the public (see October 10, 1990).
Media Complicity Ensures Success - St. Clair will later note that while the PR efforts are, largely, failures with US allies, they are far more successful with the American population (see August 13, 2003). He will write: “A population traumatized by terror threats and shattered economy became easy prey for the saturation bombing of the Bush message that Iraq was a terrorist state linked to al-Qaeda that was only minutes away from launching attacks on America with weapons of mass destruction. Americans were the victims of an elaborate con job, pelted with a daily barrage of threat inflation, distortions, deceptions, and lies. Not about tactics or strategy or war plans. But about justifications for war. The lies were aimed not at confusing Saddam’s regime, but the American people.” St. Clair places as much blame on the “gullible [and] complicit press corps,” so easily managed by Clarke (see February 2003). “During the Vietnam war, TV images of maimed GIs and napalmed villages suburbanized opposition to the war and helped hasten the US withdrawal,” St. Clair writes. “The Bush gang meant to turn the Vietnam phenomenon on its head by using TV as a force to propel the US into a war that no one really wanted. What the Pentagon sought was a new kind of living room war, where instead of photos of mangled soldiers and dead Iraqi kids, they could control the images Americans viewed and to a large extent the content of the stories. By embedding reporters inside selected divisions, Clarke believed the Pentagon could count on the reporters to build relationships with the troops and to feel dependent on them for their own safety. It worked, naturally.” St. Clair notes the instance of one reporter on national television calling the US Army “our protectors,” and NBC’s David Bloom’s on-air admission that he is willing to do “anything and everything they can ask of us.” [CounterPunch, 8/13/2003]

Entity Tags: Donald Rumsfeld, Jeffrey St. Clair, US Department of Defense, Victoria (“Torie”) Clarke, “The Rumsfeld Group”, Bush administration (43), David Bloom

Timeline Tags: Domestic Propaganda

President Bush at his Crawford, Texas, ranch on August 6, 2001. Advisors wait with classified briefings.President Bush at his Crawford, Texas, ranch on August 6, 2001. Advisors wait with classified briefings. [Source: White House]President Bush receives a classified presidential daily briefing (PDB) at his Crawford, Texas ranch indicating that Osama bin Laden might be planning to hijack commercial airliners. The PDB provided to him is entitled, “Bin Laden Determined to Strike in US.” The entire briefing focuses on the possibility of terrorist attacks inside the US. [New York Times, 5/15/2002; Newsweek, 5/27/2002] The analysts who drafted the briefing will say that they drafted it on the CIA’s initiative (see July 13, 2004), whereas in 2004 Bush will state that he requested a briefing on the topic due to threats relating to a conference in Genoa, Italy, in July 2001, where Western intelligence agencies believed Osama bin Laden was involved in a plot to crash an airplane into a building to kill Bush and other leaders (see April 13, 2004). The analysts will later explain that they saw it as an opportunity to convey that the threat of an al-Qaeda attack in the US was both current and serious. [9/11 Commission, 7/24/2004, pp. 260] The existence of this briefing is kept secret, until it is leaked in May 2002, causing a storm of controversy (see May 15, 2002). While National Security Adviser Condoleezza Rice will claim the memo is only one and a half pages long, other accounts state it is 11 1/2 pages instead of the usual two or three. [New York Times, 5/15/2002; Newsweek, 5/27/2002; Die Zeit (Hamburg), 10/1/2002] A page and a half of the contents will be released on April 10, 2004; this reportedly is the full content of the briefing. [Washington Post, 4/10/2004] The briefing, as released, states as follows (note that the spelling of certain words are corrected and links have been added):
bullet Clandestine, foreign government, and media reports indicate bin Laden since 1997 has wanted to conduct terrorist attacks in the US (see December 1, 1998). Bin Laden implied in US television interviews in 1997 and 1998 that his followers would follow the example of World Trade Center bomber Ramzi Yousef and “bring the fighting to America” (see May 26, 1998).
bullet After US missile strikes on his base in Afghanistan in 1998, bin Laden told followers he wanted to retaliate in Washington, according to a -REDACTED-service (see December 21, 1998).
bullet An Egyptian Islamic Jihad (EIJ) operative told -REDACTED- service at the same time that bin Laden was planning to exploit the operative’s access to the US to mount a terrorist strike.
bullet The millennium plotting in Canada in 1999 may have been part of bin Laden’s first serious attempt to implement a terrorist strike in the US. Convicted plotter Ahmed Ressam has told the FBI that he conceived the idea to attack Los Angeles International Airport himself (see December 14, 1999), but that bin Laden lieutenant Abu Zubaida encouraged him and helped facilitate the operation. Ressam also said that in 1998 Abu Zubaida was planning his own US attack (see Late March-Early April 2001 and May 30, 2001).
bullet Ressam says bin Laden was aware of the Los Angeles operation.
bullet Although bin Laden has not succeeded, his attacks against the US Embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998) demonstrate that he prepares operations years in advance and is not deterred by setbacks. Bin Laden associates surveyed our embassies in Nairobi and Dar es Salaam as early as 1993 (see Late 1993-Late 1994), and some members of the Nairobi cell planning the bombings were arrested and deported in 1997.
bullet Al-Qaeda members—including some who are US citizens—have resided in or traveled to the US for years, and the group apparently maintains a support structure that could aid attacks (see January 25, 2001). Two al-Qaeda members found guilty in the conspiracy to bomb our embassies in East Africa were US citizens (see September 15, 1998), and a senior EIJ member lived in California in the mid-1990s (see November 1989 and September 10, 1998).
bullet A clandestine source said in 1998 that a bin Laden cell in New York was recruiting Muslim-American youth for attacks (see October-November 1998).
bullet “We have not been able to corroborate some of the more sensational threat reporting, such as that from a [REDACTED] service in 1998 saying that bin Laden wanted to hijack a US aircraft to gain the release of ‘Blind Sheikh’ Omar Abdul-Rahman and other US-held extremists” (see 1998, December 4, 1998, and May 23, 2001). [9/11 Commission, 7/24/2004, pp. 223] According to the Washington Post, this information came from a British service. [Washington Post, 5/18/2002]
bullet Nevertheless, FBI information since that time indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York (see May 30, 2001).
bullet The FBI is conducting approximately 70 full-field investigations throughout the US that it considers bin Laden-related (see August 6, 2001). CIA and the FBI are investigating a call to our embassy in the UAE in May saying that a group or bin Laden supporters was in the US planning attacks with explosives (see May 16-17, 2001). [9/11 Commission, 7/24/2004, pp. 223]
In retrospect, the briefing is remarkable for the many warnings that apparently are not included (see for instance, from the summer of 2001 prior to August alone: May 2001, June 2001, June 12, 2001, June 19, 2001, Late Summer 2001, July 2001, July 16, 2001, Late July 2001, Late July 2001, Summer 2001, June 30-July 1, 2001, July 10, 2001, and Early August 2001). According to one account, after the PDB has been given to him, Bush tells the CIA briefer, “You’ve covered your ass now” (see August 6, 2001). Incredibly, the New York Times later reports that after being given the briefing, Bush “[breaks] off from work early and [spends] most of the day fishing.” [New York Times, 5/25/2002] In 2002 and again in 2004, National Security Adviser Rice will incorrectly claim under oath that the briefing only contained historical information from 1998 and before (see May 16, 2002 and April 8, 2004).

Entity Tags: George W. Bush, Islamic Jihad, Omar Abdul-Rahman, Federal Bureau of Investigation, Los Angeles International Airport, Condoleezza Rice, Abu Zubaida, Al-Qaeda, World Trade Center, Central Intelligence Agency, 9/11 Commission, Ahmed Ressam, Ramzi Yousef, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Addington.David Addington. [Source: David Bohrer / White House]According to an in-depth examination by the Washington Post, within hours of the 9/11 attacks, Vice President Dick Cheney begins working to secure additional powers for the White House. Cheney had plans in place to begin acquiring these powers for the executive branch before the attacks, but had not begun to execute them.
Gathering the Team - David Addington, Cheney’s general counsel and legal adviser, had been walking home after having to leave the now-evacuated Eisenhower Executive Office Building. He receives a message from the White House telling him to turn around, because the vice president needs him. After Addington joins Cheney in the Presidential Emergency Operations Center (PEOC) below the East Wing of the White House, the pair reportedly begin “contemplating the founding question of the legal revolution to come: What extraordinary powers will the president need for his response?” Later in the day, Addington connects by secure video with Timothy Flanigan, the deputy White House counsel, who is in the White House Situation Room. John Yoo, the deputy chief of the Office of Legal Counsel, is also patched in from the Justice Department’s command center. White House counsel Alberto Gonzales joins them later. This forms the core legal team that Cheney will oversee after the terrorist attacks. Associate White House counsel Bradford Berenson will later recall: “Addington, Flanigan and Gonzales were really a triumvirate. [Yoo] was a supporting player.” Addington dominates the group. Gonzales is there primarily because of his relationship with President Bush. He is not, Yoo will later recall, “a law-of-war expert and [doesn’t] have very developed views.” Along with these allies, Cheney will provide what the Washington Post calls “the rationale and political muscle to drive far-reaching legal changes through the White House, the Justice Department, and the Pentagon,” which will free the president to fight the war on terror, “as he saw fit.”
Drafting the AUMF - The team begins drafting the document that will become the Authorization to Use Military Force (AUMF—see October 10, 2002) passed by Congress for the assault on Afghanistan. In the words of the group, the president is authorized “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States.”
Extraordinarily Broad Language - The language is extraordinarily broad; Yoo will later explain that they chose such sweeping language because “this war was so different, you can’t predict what might come up.” The AUMF draft is the first of numerous attempts to secure broad powers for the presidency, most justified by the 9/11 attacks. The Washington Post will later report, “In fact, the triumvirate knew very well what would come next: the interception—without a warrant—of communications to and from the United States” (see September 25, 2001). [CNN, 9/11/2001; CNN, 9/12/2001; Unger, 2007, pp. 220-221; Washington Post, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, Timothy E. Flanigan, Craig Unger, Bradford Berenson, David S. Addington, Alberto R. Gonzales

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

An illustration of the NIMD dataflow.An illustration of the NIMD dataflow. [Source: LibertyThink.com] (click image to enlarge)Shortly after the 9/11 attacks, the NSA awards $64 million in research contracts for a program called Novel Intelligence from Massive Data (NIMD). [New York Times, 5/21/2003; National Journal, 1/20/2006] NIMD is one of several cutting-edge data mining technologies that not only has the capability of finding keywords among millions of electronically monitored communications, but can find hidden relationships among data points, and even critique the thinking and biases of a particular analyst and suggest alternative hypotheses differing from the human analysts’ conclusion. Like other data-mining technologies, the NSA will steadfastly refuse to discuss whether NIMD is used to analyze data from domestic surveillance operations. NIMD is designed as an preliminary sort program, to keep human analysts from becoming overwhelmed by raw data. In essence, NIMD is an early-warning system. “NIMD funds research to…help analysts deal with information-overload, detect early indicators of strategic surprise, and avoid analytic errors,” according to the “Call for 2005 Challenge Workshop Proposals” released by the Advanced Research and Development Activity (ARDA). ARDA was founded in 1998 to create, design, and field new technologies for US intelligence agencies, particularly the NSA. A selected few Congressional lawmakers (see January 18, 2006) were informed that the warrantless surveillance program authorized by President George W. Bush (see Early 2002) was designed to be an early-warning system for possible terrorist attacks or plans. Assistant Attorney General William Moschella will inform the top Democrats and Republicans on the House and Senate Intelligence committees in December 2002 that the “president determined that it was necessary following September 11 to create an early-warning detection system” to prevent more attacks. He will justify the use of programs such as NIMD by claiming, as NSA director Michael Hayden and other administration officials have repeatedly claimed, that the Foreign Intelligence Surveillance Act (FISA), which allows the government to obtain warrants to conduct domestic eavesdropping or wiretapping, “could not have provided the speed and agility required for the early-warning detection system.” Many experts outside of the Bush administration feel that NIMD and other programs do not have to operate outside of the Foreign Intelligence Surveillance Act (FISA) because of limitations in the law, but because of the fact that the programs cannot meet the law’s minimum requirements for surveillance. FISA requires that any such surveillance must have a probable cause that the target is a terrorist. NIMD has no such threshold. Steven Aftergood, an expert on intelligence and government secrecy with the Federation of American Scientists, will say in 2006, “Logistically speaking, the early-warning approach may involve a significant increase in the number of surveillance actions. It may be that neither the Justice Department nor the [Foreign Intelligence Surveillance Court, which approves wiretapping warrants] is prepared to prepare and process several thousand additional FISA applications per year, beyond the 1,700 or so approved in 2004.” [National Journal, 1/20/2006] Some experts will later express the opinion that NIMD is the controversial Total Information Awareness program in a slightly different form (see February 2003 and September 2002).

Entity Tags: Senate Intelligence Committee, US Department of Justice, Total Information Awareness, William E. Moschella, Tom Armour, Novel Intelligence from Massive Data, Steven Aftergood, Michael Hayden, National Security Agency, Advanced Capabilities for Intelligence Analysis, Advanced Research and Development Activity, John Poindexter, Foreign Intelligence Surveillance Act, George W. Bush, Federation of American Scientists (FAS), House Intelligence Committee

Timeline Tags: Civil Liberties

A self-styled White House “war council” begins meeting shortly after the 9/11 attacks, to discuss the administration’s response to the attacks and the methods it will use (see (After 10:00 a.m.) September 11, 2001). The ad hoc group is composed of White House counsel Alberto Gonzales, Justice Department lawyer John Yoo, Pentagon chief counsel William J. Haynes, and the chief aide to Vice President Dick Cheney, David Addington. According to Jack Goldsmith, who will become head of the Justice Department’s Office of Legal Counsel (OLC) in 2003 (see October 6, 2003), the four believe that the administration’s biggest obstacle to responding properly to the 9/11 attacks is the body of domestic and international law that arose in the 1970s to constrain the president’s powers after the criminal excesses of Richard Nixon’s White House. Chief among these restraints is the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978). Though Addington tends to dominate the meetings with his imposing physical presence and aggressive personality, Yoo is particularly useful to the group; the head of the OLC, Jay Bybee (whom Goldsmith will replace) has little experience with national security issues, and delegates much of the responsibility for that subject to Yoo, even giving him the authority to draft opinions that are binding on the entire executive branch. Yoo agrees wholeheartedly with Addington, Gonzales, and Cheney about the need for vastly broadened presidential powers. According to Goldsmith, Yoo is seen as a “godsend” for the White House because he is eager to draft legal opinions that would protect Bush and his senior officials from any possible war crimes charges. However, Yoo’s direct access to Gonzales angers Attorney General John Ashcroft, who feels that the “war council” is usurping legal and policy decision-making powers that are legally his own. [New York Times Magazine, 9/9/2007] In 2009, Goldsmith will say, “[I]it was almost as if they [Cheney and Addington] were interested in expanding executive power for its own sake.” [Vanity Fair, 2/2009]

Entity Tags: Richard (“Dick”) Cheney, William J. Haynes, Richard M. Nixon, Office of Legal Counsel (DOJ), Jay S. Bybee, Jack Goldsmith, John C. Yoo, Bush administration (43), Foreign Intelligence Surveillance Act, Alberto R. Gonzales, David S. Addington

Timeline Tags: Civil Liberties

In a television interview, Vice President Cheney is asked how the US will respond to the 9/11 attacks. He first replies that there will be a military response. But he adds an oblique comment indicating the secrecy in which he and the administration intend to operate after the 9/11 attacks: “We also have to work, though, sort of the dark side, if you will. We’ve got to spend time in the shadows in the intelligence world. A lot of what needs to be done here will have to be done quietly, without any discussion, using sources and methods that are available to our intelligence agencies, if we’re going to be successful. That’s the world these folks operate in, and so it’s going to be vital for us to use any means at our disposal, basically, to achieve our objective.” [Meet the Press, 9/16/2001; Unger, 2007, pp. 221] In 2006, former CIA official Gary Schroen will be asked about Cheney’s comment, and he replies: “My impression at the time was that the administration was trying to send a message, and certainly CIA leadership was trying to send a message, that the gloves were off. I think what [Cheney] was probably saying was, we’re going to do things like assassination operations; we were going to go into places and not try to capture these guys, but just kill them, and that… there would be a lot of people who would object to those kind of tactics.” [PBS Frontline, 1/20/2006] In 2007, author and reporter Charlie Savage will write, “Many interpreted Cheney’s vague remarks to have been a reference to brutal interrogation techniques.” [Savage, 2007, pp. 154]

Entity Tags: Charlie Savage, Gary C. Schroen, Richard (“Dick”) Cheney

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

The Justice Department publishes an interim regulation allowing non-citizens suspected of terrorism to be detained without charge for 48 hours or “an additional reasonable period of time” in the event of an “emergency or other extraordinary circumstance.” [New York Times, 9/19/2001] The new rule is used to hold hundreds indefinitely until the Patriot Act passes in October (see October 26, 2001), providing more solid grounds to hold non-citizens without charge.

Entity Tags: US Department of Justice

Timeline Tags: Civil Liberties

James Bamford.James Bamford. [Source: PBS]According to author James Bamford, SISMI passes on details of the alleged Iraq-Niger uranium deal “to the Executive Committee of the Intelligence and Security Services (CESIS), which in turn pass[es] it on to the Faresine, the Italian Foreign Ministry, and to Prime Minister Silvio Berlusconi at his office in Rome’s Palazzo Chigi. Only the Farnesina raise[s] ‘strong objection’ and ‘reservations’ about the report—primarily from the African Countries Directorate. They [are] greatly concerned about the reliability of the information.” [Bamford, 2004, pp. 303]

Entity Tags: Silvio Berlusconi, Italian Foreign Ministry, SISMI, Committee of the Intelligence and Security Services

Timeline Tags: Niger Uranium and Plame Outing

Sen. Russell Feingold will ultimately be the only senator to vote against the Patriot Act.
Sen. Russell Feingold will ultimately be the only senator to vote against the Patriot Act. [Source: Publicity photo]The “anti-terrorism” Patriot Act is introduced in Congress. The act is technically known as The USA PATRIOT Act, which stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.” [US Congress, 10/2/2001] The legislation was ready four days after the 9/11 attacks, in what Attorney General John Ashcroft called a “full-blown legislative proposal” ready to submit to Congress. The proposal is actually a revamping and enlargement of the Clinton-era antiterrorism legislation first proposed after the Oklahoma City terrorist bombing (see April 25, 1996). [Roberts, 2008, pp. 36]

Entity Tags: US Congress, USA Patriot Act, John Ashcroft

Timeline Tags: Civil Liberties

President Bush issues a directive authorizing the National Security Agency (NSA) to operate a warrantless domestic surveillance program. Author/journalist Jane Mayer will report in 2011, “[O]n October 4, 2001, Bush authorized the policy, and it became operational by October 6th,” and, “[t]he new policy, which lawyers in the Justice Department justified by citing President Bush’s executive authority as commander in chief, contravened a century of constitutional case law.” Mayer will interview NSA whistleblower Thomas Drake for her article and quote him as saying that, following the October 4 directive, “strange things were happening. Equipment was being moved. People were coming to me and saying, ‘We’re now targeting our own country!’” Bush’s directive is based on a legal opinion drafted by Department of Justice Office of Legal Counsel Deputy Attorney General John Yoo (see September 25, 2001). [New Yorker, 5/23/2011]
Conflicting Information regarding Date of First Authorization - The existence of the NSA’s domestic surveillance program will first be made public in December 2005, following reporting by the New York Times that will cite “[n]early a dozen current and former officials” (see December 15, 2005). The Times article will state that in 2002, “[m]onths after the Sept. 11 attacks,” Bush signed an executive order authorizing the NSA to monitor domestic phone calls, including those of US citizens and permanent residents, if one end of the call was outside the country. The Times article also mentions an NSA “‘special collection program’ [that] began soon after the Sept. 11 attacks, as it looked for new tools to attack terrorism.” The difference between the October 4, 2001 directive and the 2002 executive order referred to by the Times is unclear. [New York Times, 12/16/2005]
Other Sources for October Directive - Other sources, including Bush, NSA Director General Michael Hayden, and the inspectors general of five separate agencies, will later refer to a presidential order having been given in “October,” or “weeks” after the 9/11 attacks, and say that, subsequent to this order, international calls of US persons are targeted for content-monitoring. Following the publication of the Times article, Bush will say in a December 17, 2005 radio address: “In the weeks following the terrorist attacks on our nation, I authorized the National Security Agency, consistent with US law and the Constitution, to intercept the international communications of people with known links to al-Qaeda and related terrorist organizations. Before we intercept these communications, the government must have information that establishes a clear link to these terrorist networks” (see December 17, 2005). This presidential authorization was based on a legal opinion drafted by Department of Justice Office of Legal Counsel attorney John Yoo (see October 18, 2001). [WhiteHouse(.gov), 12/17/2005] Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001,” which is when he “gathered key members of the NSA workforce… [and] introduced [the NSA’s] new operational authority to them.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general,” and that “the three most senior and experienced lawyers in NSA… supported the lawfulness of this program.” [Michael Hayden, 1/23/2006] In a July 10, 2009 jointly-issued report, the inspectors general of the Department of Defense, Department of Justice, CIA, NSA, and Office of the Director of National Intelligence will refer to the “President’s Surveillance Program” (PSP) and “the program’s inception in October 2001.” The report will say: “One of the activities authorized as part of the PSP was the interception of the content of communications into and out of the United States where there was a reasonable basis to conclude that one party to the communication was a member of al-Qaeda or related terrorist organizations.… The attorney general subsequently publicly acknowledged the fact that other intelligence activities were also authorized under the same presidential authorization, but the details of those activities remain classified.” [Inspectors General, 7/10/2009] Citing “a senior administration official,” the Washington Post will report on January 4, 2006: “The secret NSA program… was authorized in October 2001.… The president and senior aides have publicly discussed various aspects of the program, but neither the White House, the NSA, nor the office of the director of national intelligence would say what day the president authorized it.” [Washington Post, 1/4/2006]

Entity Tags: US Department of Justice, Thomas Drake, US Department of Defense, Office of Legal Counsel (DOJ), Office of the Director of National Intelligence, Michael Hayden, National Security Agency, George W. Bush, Central Intelligence Agency, John C. Yoo, Jane Mayer

Timeline Tags: Civil Liberties

The Afghan village of Darya Khanah is bombed on October 27, 2001.The Afghan village of Darya Khanah is bombed on October 27, 2001. [Source: Associated Press]The US begins bombing Afghanistan. [MSNBC, 11/2001] The bombing campaign will taper off around the end of 2001. Some, like counterterrorism “tsar” Richard Clarke, will later criticize the amount of time before the bombings could start. Shortly ater 9/11, Clarke was made co-chairman of an interagency committee to devise responses to al-Qaeda. He had advocated a “rapid, no-holds-barred” retaliation in Afghanistan, including sending troops to immediately seal off Afghanistan’s borders and cut off escape routes. But the Bush administration decided to focus on air power. The start of the bombing campaign was delayed until this date mostly because of concerns about US pilots being captured. A network of combat search and rescue teams were set up in neighboring countries first, to allow a rapid response in case a pilot was shot down. [Atlantic Monthly, 10/2004] Most documentary evidence suggests the US was not planning this bombing before 9/11. However, former Pakistani Foreign Secretary Niaz Naik has claimed that in July 2001 senior US officials told him that a military action to overthrow the Taliban in Afghanistan would, as the BBC put it, “take place before the snows started falling in Afghanistan, by the middle of October at the latest.” [BBC, 9/18/2001]

Entity Tags: Taliban, United States, Bush administration (43), Richard A. Clarke

Timeline Tags: War in Afghanistan

On October 9, 2001, Senator Russ Feingold (D-WI) blocks an attempt to rush the Patriot Act to a vote with little debate and no opportunity for amendments. He criticizes the bill as a threat to civil liberties. [Associated Press, 10/10/2001] One day earlier, in the story “Cracks in Bipartisanship Start to Show,” the Washington Post reported, “Congress has lost some of the shock-induced unity with which it first responded to the [9/11] attacks.” [Washington Post, 10/8/2001] Also on October 9, identical anthrax letters are postmarked in Trenton, New Jersey, with lethal doses to Senators Tom Daschle and Patrick Leahy. Inside both letters are the words, “Death to America, Death to Israel, Allah is Great” (see October 15, 2001). [Associated Press, 8/7/2008]

Entity Tags: Russell D. Feingold, USA Patriot Act

Timeline Tags: Civil Liberties, 2001 Anthrax Attacks

Nancy Pelosi.Nancy Pelosi. [Source: US Congress]House Minority Leader Nancy Pelosi (D-CA) writes to NSA Director Michael Hayden questioning the nature and extent of the apparently illegal warrantless wiretapping of US citizens by the agency. Pelosi and other members of the House Intelligence Committee were briefed on October 1, 2001, by Hayden, whose agency began conducting surveillance against US citizens after the 9/11 attacks (see After September 11, 2001). Pelosi will release the letter on January 6, 2006, three weeks after the New York Times revealed that the NSA had been conducting electronic surveillance of US citizens without warrants since at least 2002 (see December 15, 2005.) Pelosi’s office will also release Hayden’s response, but almost the entire letter from Hayden is redacted.
Letter to Hayden - Pelosi writes in part, “[Y]ou indicated [in the briefing] that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance under the Foreign Intelligence Surveillance Act and related statutes, orders, regulations, and guidelines.… For several reasons, including what I consider to be an overly broad interpretation of President Bush’s directive of October 5 on sharing with Congress ‘classified or sensitive law enforcement information’ it has not been possible to get answers to my questions. Without those answers, the concerns I have about what you said on the First can not be resolved, and I wanted to bring them to your attention directly. You indicated that you were treating as a matter of first impression, [redacted ] being of foreign intelligence interest. As a result, you were forwarding the intercepts, and any information [redacted ] without first receiving a request for that identifying information to the Federal Bureau of Investigation. Although I may be persuaded by the strength of your analysis [redacted ] I believe you have a much more difficult case to make [redacted ] Therefore, I am concerned whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting. Until I understand better the legal analysis regarding the sufficiency of the authority which underlies your decision on the appropriate way to proceed on this matter, I will continue to be concerned.” The only portion of Hayden’s October 18 reply regarding Pelosi’s concerns that has not been redacted reads, “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” In January 2006, an NSA official will say that Pelosi’s concerns were adequately addressed in Hayden’s reply, and in a private briefing shortly thereafter. [Washington Post, 1/4/2006; Nancy Pelosi, 1/6/2006]
Pelosi Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Pelosi is apparently unaware of any of this.

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi

Timeline Tags: Civil Liberties

Italy’s military intelligence service (SISMI) provides Jeff Castelli, the CIA station chief in Rome, with papers documenting an alleged uranium deal between Iraq and Niger. Castelli, who is not permitted to duplicate the papers, writes a summary of them and sends the report to Langley. [New Yorker, 10/27/2003; Knight Ridder, 11/4/2005; La Repubblica (Rome), 11/11/2005]
The allegations - The report includes four allegations:
bullet The report states that Iraq first communicated its interest in purchasing uranium from Niger at least as early as 1999. [US Congress, 7/7/2004] As blogger ERiposte will conclude through his analysis at TheLeftCoaster.Org [ERiposte, 10/31/2005] , none of the documents that are later provided to the US as the basis for this allegation include actual proof of uranium negotiations in 1999. Two of the source documents for this allegation do mention a 1999 visit by Wissam Al-Zahawi to Niger; however, no evidence has ever surfaced suggesting that there were any discussions about uranium during that visit (see February 1999). The first document (possibly authentic) is a letter, dated February 1, 1999, from the Niger embassy in Rome to Adamou Chekou, the Minister of Foreign Affairs in Niger, announcing Zahawie’s trip. It does not mention uranium. (Note that the SISMI report does not mention Al-Zahawi’s trip, it only states that uranium negotiations between the two countries began by at least 1999.) The second document is a letter dated July 30, 1999 from the Niger Ministry of Foreign Affairs to his ambassador in Rome requesting that he contact Zahawie, concerning an agreement signed June 28, 2000 to sell uranium to Iraq. The letter is an obvious forgery because it refers to an event that it describes as taking place 11 months later. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003]
bullet The SISMI report states that in “late 2000,” the State Court of Niger approved an agreement with Iraq whereby Niger would sell Iraq a large quantity of uranium. This allegation appears to be based on a forged document titled “Annex 1,” which was possibly an annex to the alleged uranium agreement. It is evident that this document was forged because it says that the state court “met in the chamber of the council in the palace… on Wednesday, July 7, 2000.” But July 7, 2000 was, in fact, a Friday, not a Wednesday. One of SISMI’s reports to the US, possibly this one, actually reproduces this error. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003; ERiposte, 10/31/2005]
bullet According to the report, Nigerien President Mamadou Tandja approved the agreement and communicated this decision to Iraqi President Saddam Hussein. The source for this is apparently a forged letter from the president of Niger to Saddam Hussein, in which the president refers to his authority under the country’s obsolete 1966 constitution. At the time the letter was presumed to have been written, the constitution in effect would have been that of December 26, 1992, which was subsequently revised by national referendum on May 12, 1996 and again by referendum on July 18, 1999. [Unknown, n.d.; Reuters, 3/26/2003; La Repubblica (Rome), 7/16/2003; US Department of State, 9/2005]
bullet The report also alleges that in October 2000, Nigerien Minister of Foreign Affairs Nassirou Sabo informed one of his ambassadors in Europe that Niger had agreed to provide several tons of uranium to Iraq. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003] This is seemingly based on a forged letter that accompanied the alleged uranium sales agreement. The letter, dated October 10, 2000, is stamped as being received in Rome on September 28, 2000—nearly two weeks before the letter was presumably written. Furthermore, there is a problem with the signature. Unlike what is reported in the SISMI papers provided to the CIA, the actual letter is signed by Allele Elhadj Habibou, who left office in 1989. This indicates that someone must have corrected this information, replacing the name of Allele Elhadj Habibou with that of Nassirou Sabo (the minister in October 2000), before the letter was included in this report. [ERiposte, 10/31/2005]
Distribution within US Intelligence Community - After receiving the report from its Rome station, the CIA distributes it to other US intelligence agencies. According to a later Senate investigation, the “CIA, Defense Intelligence Agency (DIA), and Department of Energy (DOE) analysts considered the reporting to be ‘possible’ while the Department of State’s Bureau of Intelligence and Research (INR) regarded the report as ‘highly suspect,’ primarily because INR analysts did not believe that Niger would be likely to engage in such a transaction and did not believe Niger would be able to transfer uranium to Iraq because a French consortium maintained control of the Nigerien uranium industry.” [US Congress, 7/7/2004] Sources later interviewed by New Yorker’s Seymour Hersh portray US intelligence analysts’ assessment of the report in slightly harsher terms, saying that they “dismissed [it] as amateurish and unsubstantiated.” [New Yorker, 10/27/2003] “I can fully believe that SISMI would put out a piece of intelligence like that,” a CIA consultant later tells Hersh, “but why anybody would put credibility in it is beyond me.” [New Yorker, 5/17/2004, pp. 227] Langley asks for further clarification from Rome and receives a response three days later (see October 18, 2001). [La Repubblica (Rome), 11/11/2005]
Repeated Dissemination - The documents and reports based on the documents are sent to the CIA at least three separate times. They are also sent to the White House, the US embassy in Rome, British and French intelligence, and Italian journalist Elisabetta Burba of the news magazine Panorama. Each recipient in turn shares the documents, or their contents, with others, creating what author Craig Unger later calls “an echo chamber that gives the illusion that several independent sources had corroborated an Iraq-Niger uranium deal.” [Unger, 2007, pp. 237]

Entity Tags: Bureau of Intelligence and Research, Central Intelligence Agency, Craig Unger, Defense Intelligence Agency, Mamadou Tandja, SISMI, Elisabetta Burba, Nassirou Sabo, Wissam al-Zahawie, Saddam Hussein, Jeff Castelli, US Department of Energy

Timeline Tags: Niger Uranium and Plame Outing

Following a number of meetings in Rome and London between SISMI, Italy’s military intelligence, and the British MI6 [Bamford, 2004, pp. 303-304] , SISMI provides the British with an intelligence report on Iraq’s alleged efforts to obtain uranium from Niger. The report—delivered by freelance SISMI agent Rocco Martino to the Vauxhall Cross headquarters of Britain’s MI6 in south London—is reportedly based on the collection of mostly forged documents put together in Italy (see Between Late 2000 and September 11, 2001). MI6 will include this information in a report it sends to Washington saying only that it was obtained from a “reliable source.” Washington treats the report as an independent confirmation of the Italian report (see October 15, 2001). [La Repubblica (Rome), 10/24/2005; La Repubblica (Rome), 10/25/2005; San Francisco Chronicle, 10/30/2005; Independent, 11/6/2005; Unger, 2007, pp. 228-229]

Entity Tags: UK Secret Intelligence Service (MI6), SISMI, Rocco Martino

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

NSA Director Michael Hayden responds to an October 11 letter from Representative Nancy Pelosi (see October 11, 2001), expressing concerns about the NSA’s post-9/11 surveillance expansion (see After September 11, 2001) that Hayden outlined for the House Intelligence Committee on October 1 (see October 1, 2001), and asking whether the president authorized it. The substance of Hayden’s October 18 reply will be redacted, except for this statement: “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” [Nancy Pelosi, 1/6/2006] A January 4, 2006 report in the Washington Post will cite “intelligence official close to Hayden” as saying that “[Hayden’s] appearance on Oct. 1, 2001, before the House committee had been to discuss Executive Order 12333, and not the new NSA program,” and that “Pelosi’s concerns had been answered in writing and again several weeks later during a private briefing.” [Washington Post, 1/4/2006] In a January 23, 2006 public briefing, Hayden will say, “September 2001, I asked to update the Congress on what NSA had been doing, and I briefed the entire House Intelligence Committee on the 1st of October on what we had done under our previously existing authorities,” and, “These decisions were easily within my authorities as the director of NSA under and [sic] executive order; known as Executive Order 12333.” [Michael Hayden, 1/23/2006]
Nature of Hayden's EO 12333 Surveillance Program - The full scope of Hayden’s surveillance program is unclear, but some sources indicate it includes the wholesale collection and data-mining of phone records provided by telecom companies and placement of pen registers (call trackers) on domestic phone numbers (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, October 2001), and October 31, 2001). Some sources indicate the NSA began large-scale domestic surveillance activities prior to the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi, National Security Agency

Timeline Tags: Civil Liberties

John Yoo, a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, and OLC special counsel Robert Delahunty issue a joint memo to White House counsel Alberto Gonzales. The memo claims that President Bush has sweeping extraconstitutional powers to order military strikes inside the US if he says the strikes are against suspected terrorist targets. In the days following the 9/11 attacks, Gonzales asked if Bush could legally order the military to combat potential terrorist activity within the US. The memo is first revealed to exist seven years later (see April 2, 2008) after future OLC head Steven Bradbury acknowledges its existence to the American Civil Liberties Union; it will be released two months after the Bush administration leaves the White House (see March 2, 2009). [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]
Granting Extraordinary, Extraconstitutional Authority to Order Military Actions inside US - Yoo and Delahunty’s memo goes far past the stationing of troops to keep watch at airports and around sensitive locations. Instead, the memo says that Bush can order the military to conduct “raids on terrorist cells” inside the US, and even to seize property. “The law has recognized that force (including deadly force) may be legitimately used in self-defense,” they write. In 2009, Reuters will write, “The US military could have kicked in doors to raid a suspected terrorist cell in the United States without a warrant” under the findings of the OLC memo. “We do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant,” Yoo and Delahunty write. [US Department of Justice, 10/23/2001 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009] The memo reasons that since 9/11, US soil can be legally construed as being a battlefield, and Congress has no power to restrict the president’s authority to confront enemy tactics on a battlefield. [Savage, 2007, pp. 131]
No Constitutional or Other Legal Protections - “[H]owever well suited the warrant and probable cause requirements may be as applied to criminal investigations or to other law enforcement activities, they are unsuited to the demands of wartime and the military necessity to successfully prosecute a war against an enemy. [Rather,] the Fourth Amendment does not apply to domestic military operations designed to deter and prevent foreign terrorist attacks.” Any objections based on the Fourth Amendment’s ban on unreasonable search and seizures would be invalid since whatever possible infringement on privacy would be trumped by the need to protect the nation from injury by deadly force. The president is “free from the constraints of the Fourth Amendment.” The Posse Comitatus Act, which bars the military from operating inside the US for law enforcement purposes, is also moot, the memo says, because the troops would be acting in a national security function, not as law enforcement. [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009; Ars Technica, 3/2/2009] There are virtually no restrictions on the president’s ability to use the military because, Yoo and Delahunty write, the nation is in a “state of armed conflict.” The scale of violence, they argue, is unprecedented and “legal and constitutional rules” governing law enforcement, even Constitutional restrictions, no longer apply. The US military can be used for “targeting and destroying” hijacked airplanes, they write, or “attacking civilian targets, such as apartment buildings, offices, or ships where suspected terrorists were thought to be.” The memo says, “Military action might encompass making arrests, seizing documents or other property, searching persons or places or keeping them under surveillance, intercepting electronic or wireless communications, setting up roadblocks, interviewing witnesses, or searching for suspects.” [Newsweek, 3/2/2009] Yoo writes that the Justice Department’s criminal division “concurs in our conclusion” that federal criminal laws do not apply to the military during wartime. The criminal division is headed by Michael Chertoff, who will become head of the Department of Homeland Security. [Washington Post, 4/4/2008]
Sweeping Away Constitutional Rights - Civil litigator Glenn Greenwald will later note that the memo gives legal authorization for President Bush to deploy the US military within US borders, to turn it against foreign nationals and US citizens alike, and to render the Constitution’s limits on power irrelevant and non-functional. Greenwald will write, “It was nothing less than an explicit decree that, when it comes to presidential power, the Bill of Rights was suspended, even on US soil and as applied to US citizens.”
Justifying Military Surveillance - Greenwald will note that the memo also justifies the administration’s program of military surveillance against US citizens: “[I]t wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls ‘domestic military operations’ was, among other things, the basis on which Bush ordered the NSA, an arm of the US military, to turn inwards and begin spying—in secret and with no oversight—on the electronic communications (telephone calls and emails) of US citizens on US soil” (see December 15, 2005 and Spring 2004). “If this isn’t the unadorned face of warped authoritarian extremism,” Greenwald will ask, “what is?” [Salon, 3/3/2009] If the president decides to use the military’s spy agency to collect “battlefield intelligence” on US soil, no law enacted by Congress can regulate how he goes about collecting that information, including requiring him to get judicial warrants under the Foreign Intelligence Surveillance Act (FISA). In 2007, Yoo will say in an interview: “I think there’s a law greater than FISA, which is the Constitution, and part of the Constitution is the president’s commander in chief power. Congress can’t take away the president’s powers in running war.” [Savage, 2007, pp. 131; PBS Frontline, 5/15/2007] Cheney and Addington will push the NSA to monitor all calls and e-mails, including those beginning and ending on US soil, but the NSA will balk. Domestic eavesdropping without warrants “could be done and should be done,” Cheney and Addington argue, but the NSA’s lawyers are fearful of the legal repercussions that might follow once their illegal eavesdropping is exposed, with or without the Justice Department’s authorization. The NSA and the White House eventually reach a compromise where the agency will monitor communications going in and out of the US, but will continue to seek warrants for purely domestic communications (see Spring 2001, After September 11, 2001, and October 2001). [Savage, 2007, pp. 131]
Military Use Considered - In 2009, a former Bush administration lawyer will tell a reporter that the memo “gave rise to the Justice Department discussing with the Defense Department whether the military could be used to arrest people and detain people inside the United States. That was considered but rejected on at least one occasion.” The lawyer will not give any indication of when this will happen, or to whom. Under the proposal, the suspects would be held by the military as “enemy combatants.” The proposal will be opposed by the Justice Department’s criminal division and other government lawyers and will ultimately be rejected; instead, the suspects will be arrested under criminal statutes. [Los Angeles Times, 3/3/2009]

Entity Tags: Steven Bradbury, US Department of Homeland Security, US Department of Defense, Robert J. Delahunty, Office of Legal Counsel (DOJ), Bush administration (43), Michael Chertoff, Alberto R. Gonzales, National Security Agency, American Civil Liberties Union, Glenn Greenwald, George W. Bush, US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

The House of Representatives passes the final version of the Patriot Act and other previously unpopular Bush administration projects: Alaska oil drilling, $25 billion in tax cuts for corporations, taps into Social Security funds, and cuts in education. [CNN, 10/25/2001] Republican Congressman Ron Paul states: “It’s my understanding the bill wasn’t printed before the vote—at least I couldn’t get it. They played all kinds of games, kept the House in session all night, and it was a very complicated bill. Maybe a handful of staffers actually read it, but the bill definitely was not available to members before the vote.” It is later found that only two copies of the bill were made available in the hours before its passage, and most House members admit they voted for the act without actually reading it first. [Insight, 11/9/2001] Two days later, the Senate will pass the final version of the Patriot Act. Anthrax targets Senators Tom Daschle and Patrick Leahy (see October 15, 2001) now support the bill. President Bush signs it into law the same day (see October 26, 2001). [Fox News, 10/26/2001]

Entity Tags: Tom Daschle, Patrick J. Leahy, Ron Paul

Timeline Tags: Civil Liberties, 2001 Anthrax Attacks

Vice President Dick Cheney summons the chairmen and ranking members of the Senate and House Intelligence Committees to the White House for a classified briefing on the secret NSA warrantless wiretapping program (see Early 2002). Cheney makes it clear to the lawmakers that he is merely informing them about the program, and not seeking their approval. [Washington Post, 12/18/2005] Officials later say that under any of the previous presidents, such a meeting of this import would involve the president. But the four lawmakers are hustled away from the Oval Office. Instead, “[w]e met in the vice president’s office,” Bob Graham (D-FL), the chairman of the Senate Intelligence Committee, later recalls. President Bush has already told Graham that “the vice president should be your point of contact in the White House.” Cheney, according to the president, “has the portfolio for intelligence activities.” [Washington Post, 6/24/2007] The leaders are briefed by Cheney, CIA Director George Tenet, and NSA Director Michael Hayden. The Congressional leaders will later mostly refuse to comment publicly about what they do and do not learn about the program, even after it is revealed to the public (see December 15, 2005). In 2003, when Senator John D. Rockefeller ascends to the Democratic leadership of the Senate committee, and is himself briefed on the program, he will write to Cheney expressing his concerns over it (see July 17, 2003). [New York Times, 12/15/2005]
'No Discussion about Expanding' NSA Wiretapping - In December 2005, after the program is revealed to the public, one of the Congressmen present at the briefings, Graham, the then-chairman of the Senate Intelligence Committee, will discuss his knowledge of the program. In contradiction to the characterizations of Bush and other White House officials, Graham will say that he recalls “no discussion about expanding [NSA eavesdropping] to include conversations of US citizens or conversations that originated or ended in the United States,” and knew nothing of Bush’s intention to ignore the Foreign Intelligence Surveillance Court (also known as the FISA court). “I came out of the room with the full sense that we were dealing with a change in technology but not policy,” Graham will recall, using new methodologies to intercept overseas calls that passed through US switches. He thought that NSA eavesdropping would continue to be limited to “calls that initiated outside the United States, had a destination outside the United States but that transferred through a US-based communications system.” Instead, Graham will say, it now seems that Bush decided to go “beyond foreign communications to using this as a pretext for listening to US citizens’ communications. There was no discussion of anything like that in the meeting with Cheney.” A senior intelligence official, who refuses to reveal his identity but says he is speaking with the permission of the White House, will accuse Graham of “misremembering the briefings,” which he will call “very, very comprehensive.” The official will refuse to discuss the briefings in any but the most general terms, but will say they were intended “to make sure the Hill knows this program in its entirety, in order to never, ever be faced with the circumstance that someone says, ‘I was briefed on this but I had no idea that—’ and you can fill in the rest.” Graham will characterize the official’s description as saying: “[W]e held a briefing to say that nothing is different.… Why would we have a meeting in the vice president’s office to talk about a change and then tell the members of Congress there is no change?” House Minority Leader Nancy Pelosi (D-CA), who was also present at the meeting as the ranking Democrat on the House Intelligence Committee, will say the briefing described “President Bush’s decision to provide authority to the National Security Agency to conduct unspecified activities.” She will note that she “expressed my strong concerns” but did not go into detail. [Washington Post, 12/18/2005]
Lawmakers Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). In the briefing, Cheney informs the lawmakers of none of this.

Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Nancy Pelosi, John D. Rockefeller, House Intelligence Committee, Daniel Robert (“Bob”) Graham, George J. Tenet, George W. Bush, Michael Hayden, National Security Agency

Timeline Tags: Civil Liberties

October 26, 2001: USA Patriot Act Becomes Law

President Bush signs the Patriot Act into law.President Bush signs the Patriot Act into law. [Source: White House]President Bush signs the USA Patriot Act (see October 2, 2001) into law. The act’s provisions include:
bullet 1) Non-citizens can be detained and deported if they provide “assistance” for lawful activities of any group the government chooses to call a terrorist organization. Under this provision the secretary of state can designate any group that has ever engaged in violent activity as a terrorist organization. Representative Patsy Mink (D-HI) notes that in theory supporters of Greenpeace could now be convicted for supporting terrorism. [San Francisco Chronicle, 11/12/2001]
bullet 2) Immigrants can be detained indefinitely, even if they are found not to have any links to terrorism. They can be detained indefinitely for immigration violations or if the attorney general decides their activities pose a danger to national security. They need never be given a trial or even a hearing on their status. [San Francisco Chronicle, 9/8/2002]
bullet 3) Internet service providers can be ordered to reveal the websites and e-mail addresses that a suspect has communicated to or visited. The FBI need only inform a judge that the information is relevant to an investigation. [Village Voice, 11/26/2001; San Francisco Chronicle, 9/8/2002]
bullet 4) The act “lays the foundation for a domestic intelligence-gathering system of unprecedented scale and technological prowess.” [Washington Post, 11/4/2001] It allows the government to access confidential credit reports, school records, and other records, without consent or notification. [San Francisco Chronicle, 9/8/2002] All of this information can now be given to the CIA, in violation of the CIA’s mandate prohibiting it from spying within the US. [Village Voice, 11/26/2001]
bullet 5) Financial institutions are encouraged to disclose possible violations of law or “suspicious activities” by any client. The institution is prohibited from notifying the person involved that it made such a report. The term “suspicious” is not defined, so it is up to the financial institutions to determine when to send such a report.
bullet 6) Federal agents can easily obtain warrants to review a library patron’s reading and computer habits (see January 2002). [Village Voice, 2/22/2002] Section 215 allows the FBI to ask the Foreign Intelligence Surveillance Court (FISC) for an order to obtain documents relating to counterterrorism investigations without meeting the usual standard of legal “probable cause” that a crime may have been committed. Senator Russ Feingold (D-WI—see October 9, 2001) says that Section 215 can allow the FBI to “go on a fishing expedition and collect information on virtually anyone.” Librarians will make Section 215 the centerpiece of their objections to the Patriot Act, arguing that the government can now “sweep up vast amounts of information about people who are not suspected of a crime.” In 2005, one librarian will say, “It reminds me of the Red Scare of the 1950s.” However, some FBI officials find it easier to use provisions of Section 505, which expands the usage of so-called “national security letters” (see November 28, 2001). [Roberts, 2008, pp. 39-40]
bullet 7) The government can refuse to reveal how evidence is collected against a suspected terrorist defendant. [Tampa Tribune, 4/6/2003]
Passes with No Public Debate - The law passes without public debate. [Village Voice, 11/9/2001; Village Voice, 11/26/2001] Even though it ultimately took six weeks to pass the law, there were no hearings or congressional debates. [Salon, 3/24/2003] Congressman Barney Frank (D-MA) says: “This was the least democratic process for debating questions fundamental to democracy I have ever seen. A bill drafted by a handful of people in secret, subject to no committee process, comes before us immune from amendment” (see October 2-4, 2001 and October 24, 2001). [Village Voice, 11/9/2001] Only 66 congresspeople, and one senator, Feingold, vote against it. Few in Congress are able to read summaries, let alone the fine print, before voting on it. [Los Angeles Times, 10/30/2001] Feingold says, “The new law goes into a lot of areas that have nothing to do with terrorism and have a lot to do with the government and the FBI having a wish list of things they want to do.” [Village Voice, 11/9/2001] Supporters of the act point out that some of its provisions will expire in four years, but in fact most provisions will not expire. [Chicago Tribune, 11/1/2001]
Mounting Opposition - One year later, criticism of the law will grow. [San Francisco Chronicle, 9/8/2002] Dozens of cities will later pass resolutions criticizing the Patriot Act (see January 12, 2003).

Entity Tags: George W. Bush, USA Patriot Act, Foreign Intelligence Surveillance Court, US Congress, Patsy Mink, Russell D. Feingold, Barney Frank

Timeline Tags: Complete 911 Timeline, Civil Liberties

Concerned that NSA post-9/11 surveillance operations violated the US Constitution, a senior NSA official reports on the program to House Intelligence Committee staff (see Before October 31, 2001), then retires. William Binney, a crypto-mathematician, had served in the NSA for 36 years. In 1997 he was made technical director of the World Geopolitical and Military Analysis Reporting Group, a 6000-employee unit that focused on signals intelligence (SIGINT) reporting and analysis. In the last part of his NSA career, Binney focused on dealing with the NSA’s problem of information overload, co-founding the Signals Intelligence Automation Research Center (SARC) and leading a 20-member team to develop a data-mining and analysis program called ThinThread. This program made it possible to “correlate data from financial transactions, travel records, Web searches, GPS equipment, and any other ‘attributes’ that an analyst might find useful,” and “could chart relationships among people in real time.” Unlike the NSA’s existing centralized data processing systems, ThinThread was able to identify useful or useless data as it was collected, reducing the overload problem. However, though it targeted foreign communications, ThinThread also intercepted those of Americans, and “continued documenting signals when a trail crossed into the US.” Binney incorporated measures to protect privacy, but NSA lawyers still considered the program too invasive, according to a 2011 article by Jane Mayer based on interviews with Binney and another NSA whistleblower, Thomas Drake. In 1999, NSA Director General Michael Hayden decided to fund a rival program, Trailblazer, which would be developed by defense contractors (see Late 1999). Trailblazer will be abandoned in 2006 as unworkable, after costing $1.2 billion (see January 2006). [New Yorker, 5/23/2011; Wired News, 2/15/2012; Democracy Now!, 4/20/2012] In 2002, three NSA whistleblowers—Edward Loomis, J. Kirk Wiebe, and Binney—will ask the Pentagon to investigate the NSA for wasting “millions and millions of dollars” on Trailblazer. [Nation, 3/26/2013]
Post-9/11 NSA Surveillance Expansion - Binney will tell Mayer that, after the 9/11 attacks, his people began coming to him, saying things like: “They’re getting billing records on US citizens! They’re putting pen registers [call logs] on everyone in the country!” James Bamford will interview Binney in 2012 and write, “At the outset the program recorded 320 million calls a day, [Binney] says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts.” Binney has not been personally “read in” to this domestic surveillance program, but some members of his SARC team have, as their knowledge of ThinThread code was needed to set it up. Binney became convinced elements of ThinThread were being used, but without privacy protections, meaning US persons could be targeted. Soon after learning these things, Binney takes his concerns to the House Intelligence Committee (see Before October 31, 2001), and retires on October 31. He will tell Mayer, “I couldn’t be an accessory to subverting the Constitution.” Other sources support Binney’s account of this NSA data-mining and monitoring program (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, and October 2001). However, the claim that NSA domestic surveillance was initiated only after, and in response to, 9/11 is contradicted by information indicating that domestic monitoring programs and activities were established and conducted prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [New Yorker, 5/23/2011; Wired News, 2/15/2012; Democracy Now!, 4/20/2012]
ThinThread 'Would Likely Have Prevented 9/11' - Despite ThinThread’s capacity to collect actionable intelligence, Hayden vetoed the idea of deploying the system three weeks before 9/11, in August 2001. According to the Loomis, Wiebe, and Binney, this decision “left the NSA without a system to analyze the trillions of bits of foreign SIGINT flowing over the Internet at warp speed, as ThinThread could do.” During the summer of 2001, when “the system was blinking red,” according to CIA Director George Tenet, the NSA “failed to detect critical phone and e-mail communications that could have tipped US intelligence to al-Qaeda’s plans to attack.” [Nation, 3/26/2013]

Entity Tags: Edward Loomis, World Geopolitical and Military Analysis Reporting Group, J. Kirk Wiebe, William Binney, Thomas Drake, House Intelligence Committee, James Bamford, Trailblazer, Jane Mayer, National Security Agency, Signals Intelligence Automation Research Center, Michael Hayden, Thinthread

Timeline Tags: Civil Liberties

John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 pdf file] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 pdf file] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]

Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice

Timeline Tags: Civil Liberties

John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007]

Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ)

President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004]
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [Savage, 2007, pp. 138]
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [New York Times, 10/24/2004]
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [New York Times, 10/24/2004]
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).

Entity Tags: George W. Bush, John Bellinger, Donald Rumsfeld, Colin Powell, Condoleezza Rice, David S. Addington, Alberto R. Gonzales, William J. Haynes, Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Civil Liberties

In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives

Defense Policy Board member Richard Perle, discussing the US’s planned reaction to the 9/11 attacks, says that Iraq is next on the US’s military strike list. CNN anchor John King asks, “Next phase Saddam Hussein?” and Perle replies, “Absolutely.” The day before, on ABC, Perle explained why the US had to make such a move: “Weapons of mass destruction in the hands of Saddam Hussein, plus his known contact with terrorists, including al-Qaeda terrorists, is simply a threat too large to continue to tolerate.” And what would the upshot of such an invasion be? Perle tells his CNN listeners, “We would be seen as liberators in Iraq.” [PBS, 4/25/2007]

Entity Tags: ABC News, Richard Perle, CNN, Al-Qaeda

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

The US Embassy in Niamey, Niger’s capital, disseminates a cable summarizing a recent meeting between the US ambassador and the director general of Niger’s French-led mining consortium. The director general reportedly explained that “there was no possibility” that the government of Niger could have diverted any of the 3,000 tons of uranium produced by the consortium’s two mines. [US Congress, 7/7/2004]

Timeline Tags: Niger Uranium and Plame Outing

Assistant Secretary of Defense Peter Rodham, who works in Undersecretary of Defense Douglas Feith’s office, asks Deputy Defense Secretary Paul Wolfowitz to “[o]btain approval of creation of a Team B” (see Early 1976) which “[t]hrough independent analysis and evaluation… would determine what is known about al-Qaeda’s worldwide terror network, its suppliers, and relationship to states and other international terrorist organizations.” The 1976 Team B exercise was a deeply flawed effort by conservatives and neoconservatives to second-guess the US intelligence community’s findings about Soviet military and intelligence capabilities (see November 1976). Feith studied under Team B leader Richard Pipes at Harvard, and shares his fundamental distaste and mistrust of US intelligence capabilities. Feith and Wolfowitz believe that “Team B” showed just how limited and misguided the CIA’s intelligence reporting could be, and think that the same “Team B” approach could provide heretofore-unrevealed information about Islamist terrorism. Feith sets about producing a report “proving” a sinister relationship between al-Qaeda and Iraq (see July 25, 2002), while Wolfowitz begins work on what will become the Office of Special Plans (see September 2002). [Scoblic, 2008, pp. 218-220]

Entity Tags: Paul Wolfowitz, ’Team B’, Al-Qaeda, Central Intelligence Agency, Douglas Feith, Office of Special Plans, US Department of Defense, Richard Pipes, Peter Rodham

Timeline Tags: Complete 911 Timeline, US International Relations, Neoconservative Influence

The newly adopted USA Patriot Act (see October 26, 2001) allows FBI field offices to issue, without court orders, so-called “national security letters,” or NSLs, that require recipients—telecommunications firms, employers, libraries, anyone—to provide detailed information on their clients, employees, and patrons. The FBI’s Office of General Counsel warns each field office of the potential for abuse inherent in such powerful and relatively unrestricted instruments, writing in part: “NSLs are powerful investigative tools in that they can compel the production of substantial amounts of relevant information. However, they must be used judiciously.… In deciding whether or not to re-authorize the broadened authority, Congress certainly will examine the manner in which the FBI exercised it. Executive Order 12333 and the FCIG [Attorney General Guidelines for FBI Foreign Intelligence Collection and Counterintelligence Investigations] require that the FB[I] accomplish its investigations through the ‘least intrusive’ means. Supervisors should keep this in mind when deciding whether or not a particular use of NSL authority is appropriate. The greater availability of NSLs does not mean that they should be used in every case.” This warning not to overuse NSLs is not always heeded (see February 2005 and Before Mid-March, 2007). [Wired News, 7/10/2007]

Entity Tags: Federal Bureau of Investigation, Office of General Counsel (FBI), USA Patriot Act

Timeline Tags: Civil Liberties

Greg Thielmann, director for strategic proliferation and military affairs at the State Department’s Bureau of Intelligence and Research (INR), reviews Iraq’s alleged WMD programs for Secretary of State Colin Powell. Thielmann’s review concludes that Italian reports of a possible uranium deal between Iraq and Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, Late April or Early May 2002-June 2002, and Late June 2002) are completely false. Thielmann will later recall: “A whole lot of things told us that the report was bogus. This wasn’t highly contested. There weren’t strong advocates on the other side. It was done, shot down” (see March 1, 2002). [Unger, 2007, pp. 229]

Entity Tags: Bureau of Intelligence and Research, Colin Powell, Greg Thielmann, US Department of State

Timeline Tags: Niger Uranium and Plame Outing

According to a later report by the Senate Intelligence Committee, Pentagon officials conceal potentially life-saving intelligence gleaned from Iranian agents. The report will find that in 2001, the officials, Larry Franklin and Harold Rhode, fail to pass along information gained from Iranian agents to US intelligence agencies, including reports that Iran has sent “hit squads” to Afghanistan to kill Americans. The findings will be based on information from highly unreliable sources: Iranian arms merchant Manucher Ghorbanifar and former Pentagon official Michael Ledeen, both of whom have often provided false or questionable information gathered from questionable sources (see April 3, 2005). In a series of meetings authorized by then-Deputy National Security Adviser Stephen Hadley (see December 9, 2001, December 12, 2001, June 2002, July 2002, and June 2003), two Pentagon officials, including one who reported to then-Undersecretary of Defense for Policy Douglas Feith (see September 2002), meet with Ghorbanifar, Ledeen, and other Iranians. Hadley does not fully brief CIA Director George Tenet and Deputy Secretary of State Richard Armitage about the meetings. The head of the DIA is briefed on the meeting but is not authorized to keep a written summary of it or to discuss it on the orders of then-Deputy Defense Secretary Paul Wolfowitz. For his part, Ledeen will say he twice briefed the US ambassador to Italy about the meetings. “Any time the CIA wanted to find out what was going on all they had to do was ask,” he will say. Though the report will admit that the sources of the intelligence are unreliable, it will still criticize the Pentagon for failing to allow what it calls “potentially useful and actionable intelligence” to be shared with intelligence agencies. [Associated Press, 6/5/2008; Senate Intelligence Committee, 6/5/2008 pdf file]

Entity Tags: US Department of Defense, George J. Tenet, Douglas Feith, Manucher Ghorbanifar, Stephen J. Hadley, Michael Ledeen, Richard Armitage, Paul Wolfowitz, Senate Intelligence Committee

Timeline Tags: US confrontation with Iran

Sometime in early 2002, President Bush signs a secret executive order authorizing the National Security Agency (NSA) to wiretap phone conversations and read e-mails to and from US citizens. The order extends an operation set into motion at least as early as October 2001 to begin wiretapping US citizens’ phones in a response to the 9/11 attacks. When the program is revealed by the US media in late 2005 (see December 15, 2005), Bush and his officials will say the program is completely legal, though it ignores the requirements of the Foreign Intelligence Surveillance Act (FISA) that requires the government to obtain court-issued warrants to mount surveillance against US citizens. They will insist that only those suspected of having ties to al-Qaeda are monitored, and only when those individuals make or receive international communications. [New York Times, 12/15/2005; Washington Post, 12/22/2005; Newsweek, 12/22/2008] Bush’s order authorizes the NSA to monitor international telephone conversations and international e-mails of hundreds, and perhaps thousands, of US citizens without court warrants, in an effort to track what officials call “dirty numbers” linked to al-Qaeda. When the program is finally revealed by the New York Times over three years later (see December 15, 2005), officials will say that the NSA still seeks warrants to monitor domestic communications. But there is little evidence of this (see, for example, Spring 2001). The presidential order is a radical shift in US surveillance and intelligence-gathering policies, and a major realignment for the NSA, which is mandated to only conduct surveillance abroad. Some officials believe that the NSA’s domestic eavesdropping crosses constitutional limits on legal searches. “This is really a sea change,” a former senior official who specializes in national security law will say in December 2005. “It’s almost a mainstay of this country that the NSA only does foreign searches.” [New York Times, 12/15/2005] Some sources indicate that NSA domestic surveillance activities, such as data-mining, the use of information concerning US persons intercepted in foreign call monitoring, and possibly direct surveillance of US persons, took place prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: George W. Bush, Al-Qaeda, Foreign Intelligence Surveillance Court, National Security Agency

Timeline Tags: Civil Liberties

John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 pdf file; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).

Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes

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

After more than two months and more than 350 inspections, the UN teams have failed to find the arsenal of banned weapons the US and Britain claim Iraq has. Nor are there any signs of programs to build such weapons. The London Observer reports that International Atomic Energy Agency (IAEA) inspectors are convinced Iraq does not have a reconstituted nuclear weapons program. “IAEA officials and intelligence sources admit it is extremely unlikely that Iraq has nuclear weapons squirreled away,” The Observer reports, explaining that “… the IAEA [had] revealed that analysis of samples taken by UN nuclear inspectors in Iraq… showed no evidence of prohibited nuclear activity.” [Observer, 1/26/2003; Los Angeles Times, 1/26/2003; Washington Post, 12/27/2003]

Entity Tags: International Atomic Energy Agency, United Nations Monitoring, Verification and Inspection Commission

Timeline Tags: Events Leading to Iraq Invasion

White House political adviser Karl Rove says that the Republican Party should campaign primarily on the war on terror in the 2002 midterm elections. “Americans trust the Republicans to do a better job of keeping our communities and our families safe,” Rove tells the Republican National Committee. “We can also go to the country on this issue because they trust the Republican Party to do a better job of protecting and strengthening America’s military might and thereby protecting America.” President Bush has said repeatedly that the war on terror should not be considered fodder for partisan political gain. Just days before Rove’s speech, Bush told a gathering in California, “It’s time to take the spirit of unity that has been prevalent when it comes to fighting the war and bring it to Washington, DC.” And Rove recently told reporters that Bush had told his aides: “Politics has no role in this. Don’t talk to me about politics for a while.” Now Rove is publicly advising Republicans to politicize the war. Democratic Party chairman Terry McAuliffe says: “If the White House is politicizing the war, that’s nothing short of despicable. For Karl Rove to politicize the issue is an affront to the integrity of the entire United States military.” McAuliffe’s Republican counterpart, Marc Racicot, calls on McAuliffe “to help stop the politics of obstruction.” [New York Times, 1/19/2002]

Entity Tags: Karl C. Rove, George W. Bush, Republican National Committee, Terry McAuliffe, Marc Racicot

Timeline Tags: Domestic Propaganda, 2004 Elections

White House lawyer Alberto Gonzales completes a draft memorandum to the president advising him not to reconsider his decision (see January 18-25, 2002) declaring Taliban and al-Qaeda fighters ineligible for prisoner of war status as Colin Powell has apparently recommended. [US Department of Justice, 1/25/2004 pdf file; Newsweek, 5/24/2004] The memo recommends that President Bush accept a recent Office of Legal Counsel (OLC) memo saying that the president has the authority to set aside the Geneva Conventions as the basis of his policy (see January 9, 2002). [Savage, 2007, pp. 146]
Geneva No Longer Applies, Says Gonzales - Gonzales writes to Bush that Powell “has asked that you conclude that GPW [Third Geneva Convention] does apply to both al-Qaeda and the Taliban. I understand, however, that he would agree that al-Qaeda and the Taliban fighters could be determined not to be prisoners of war (POWs) but only on a case-by-case basis following individual hearings before a military board.” Powell believes that US troops will be put at risk if the US renounces the Geneva Conventions in relation to the Taliban. Rumsfeld and his chairman of the Joint Chiefs of Staff, Gen. Richard B. Myers, allegedly agree with Powell’s argument. [New York Times, 10/24/2004] But Gonzales says that he agrees with the Justice Department’s Office of Legal Counsel, which has determined that the president had the authority to make this declaration on the premise that “the war against terrorism is a new kind of war” and “not the traditional clash between nations adhering to the laws of war that formed the backdrop for GPW [Geneva Convention on the treatment of prisoners of war].” Gonzales thus states, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Newsweek, 5/24/2004] Gonzales also says that by declaring the war in Afghanistan exempt from the Geneva Conventions, the president would “[s]ubstantially [reduce] the threat of domestic criminal prosecution under the War Crimes Act [of 1996]” (see August 21, 1996). The president and other officials in the administration would then be protected from any future “prosecutors and independent counsels who may in the future decide to pursue unwarranted charges.” [New York Times, 5/21/2004; Newsweek, 5/24/2004]
Memo Actually Written by Cheney's Lawyer - Though the memo is released under Gonzales’s signature, many inside the White House do not believe the memo was written by him; it has an unorthodox format and a subtly mocking tone that does not go with Gonzales’s usual style. A White House lawyer with direct knowledge of the memo later says it was written by Cheney’s chief lawyer, David Addington. Deputy White House counsel Timothy Flanigan passed it to Gonzales, who signed it as “my judgment” and sent it to Bush. Addington’s memo quotes Bush’s own words: “the war against terrorism is a new kind of war.” [Washington Post, 6/24/2007]
Powell 'Hits the Roof' over Memo - When Powell reads the memo (see January 26, 2002), he reportedly “hit[s] the roof” and immediately arranges for a meeting with the president (see January 25, 2002). [Newsweek, 5/24/2004]

Entity Tags: George W. Bush, Office of Legal Counsel (DOJ), Geneva Conventions, Alberto R. Gonzales, Colin Powell, David S. Addington, Al-Qaeda, Taliban, Richard B. Myers

Timeline Tags: Torture of US Captives, Civil Liberties

The CIA Directorate of Operations issues a second intelligence report from SISMI, Italy’s military intelligence service, on Iraq’s alleged agreement with Niger to purchase 500 tons of uranium annually. This report provides details that were not included in Italy’s October 15 report (see October 15, 2001), including a “verbatim text” of the accord. (It is not clear what the source is for the “verbatim text”. [ERiposte, 3/6/2006] ) According to the report, the purported agreement was signed by Iraqi and Niger officials during meetings held July 5-6, 2000. [US Congress, 7/7/2004; Knight Ridder, 11/4/2005] The SISMI report also draws attention to a 1999 trip to Niger made by Wissam al-Zahawie (see February 1999), Iraq’s former ambassador to the Vatican, and alleges that its mission was to discuss the future purchase of uranium. This is the first report from SISMI that names al-Zahawie and refers directly to his 1999 trip. (SISMI’s previous report had only stated that negotiations had begun by at least 1999.) This report, as well as the previous report, is based on the forged Niger documents. [New Yorker, 10/27/2003; US Congress, 7/7/2004; ERiposte, 11/3/2005] Analysts at the CIA and the DIA are more impressed with the detail and substance of this second report, but analysts at the Department of State’s Bureau of Intelligence and Research (INR) remain skeptical of the report’s allegations noting that it was unlikely that Niger would sell uranium to Iraq because the Nigeriens would have considered the risk of being caught too great. An INR analyst asks the CIA if the source of the report would submit to a polygraph. A CIA analyst who also asks about the source is told by the DO that the source is “very credible.” [US Congress, 7/7/2004]

Entity Tags: Central Intelligence Agency, Bureau of Intelligence and Research, Defense Intelligence Agency

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

After several meetings with Mohammad Harith (see February 11, 2002) —an Iraqi defector provided by the Iraqi National Congress—a Defense Intelligence Agency debriefer determines that the defector’s information on Iraq’s presumed arsenal of banned weapons seems “accurate, but much of it [appears] embellished.” Defense Intelligence Agency analysts also determine that the defected Iraqi has been “coached by the Iraqi National Congress.” Harith claims that he was a major in an Iraqi intelligence unit charged with concealing illicit weapons and that Iraq has developed mobile biological weapons labs. [Knight Ridder, 7/16/2004]

Entity Tags: Mohammad Harith, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

Kenneth Adelman.Kenneth Adelman. [Source: PBS]Neoconservative Kenneth Adelman, who served as an assistant to Defense Secretary Donald Rumsfeld from 1975-1977 and was arms control director in the Reagan administration, writes an op-ed for the Washington Post titled “Cakewalk in Iraq.” Adelman is straightforward in his insistence that defeating the Iraqi military and beginning a transition to a democratic government in Iraq will be a “cakewalk.” He derides predictions that the US could lose “thousands of troops in the process,” writing, “I believe demolishing Hussein’s military power and liberating Iraq would be a cakewalk.” He gives what he calls “simple, responsible reasons:” it was a cakewalk in 1991, Iraq is significantly weaker than during the Gulf War, and “now we’re playing for keeps.” Adelman details just how weak and insignificant the much-vaunted Iraqi ground forces are, and says that US forces are “much fiercer.” Between that quality and the sophisticated “gizmos”—unmanned Predator drones, “smart” bombs, and other technological wonders—Adelman says the Iraqi military should be routed with ease. He gives similar short shrift to the idea that the US needs to build a multinational coalition. In 1991, he writes, the US “engaged a grand international coalition because we lacked a domestic coalition. Virtually the entire Democratic leadership stood against that President Bush. The public, too, was divided.” The situation is different today. “This President Bush does not need to amass rinky-dink nations as ‘coalition partners’ to convince the Washington establishment that we’re right. Americans of all parties now know we must wage a total war on terrorism.” Saddam Hussein, and not Osama bin Laden’s al-Qaeda, is “the number one threat against American security and civilization. Unlike Osama bin Laden, he has billions of dollars in government funds, scores of government research labs working feverishly on weapons of mass destruction—and just as deep a hatred of America and civilized free societies.… Measured by any cost-benefit analysis, such an operation would constitute the greatest victory in America’s war on terrorism.” [Washington Post, 2/13/2002]

Entity Tags: Kenneth Adelman, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

Joseph Wilson and Valerie Plame Wilson.Joseph Wilson and Valerie Plame Wilson. [Source: Haraz N. Ghanbari / Associated Press]Officials in the CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) decide to send former ambassador Joseph Wilson to Niger to investigate allegations that Iraq sought to procure uranium from that country. Wilson’s wife, Valerie Plame Wilson, a senior CPD officer (see April 2001 and After), relays the request to him explaining that “there’s this crazy report” asserting that Iraq made a deal with Niger on the sale of a large quantity of uranium. [US Congress, 7/7/2004] Shortly afterwards, she sends an overseas cable requesting concurrence with the agency’s decision to send her husband to Niger (see February 13, 2002). She writes, “[B]oth State and [the Department of Defense] have requested additional clarification and indeed, the vice president’s office just asked for background information” (see (February 13, 2002)). [US Congress, 7/7/2004]

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

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

The CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) holds a meeting with former ambassador Joseph Wilson, intelligence analysts from both the CIA and State Department’s Bureau of Intelligence and Research (INR), and several individuals from the DO’s Africa and CPD divisions. The purpose of the meeting is to discuss the merits of sending Wilson to Niger. Wilson is introduced by his wife Valerie Plame Wilson, who heads CPD’s Joint Task Force on Iraq (JTFI). [US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 94-95]
Wife Does Not Participate in Meeting - In her 2007 book Fair Game, Plame Wilson will write that she brings her husband into the briefing room, introduces him to the “10 or so participants,” and “[a]fter a minute or so, I went back to my desk to attend to what seemed like a hundred other operational crises. When the meeting broke, Joe poked his head in my office to say that the group had asked him to consider going to Niger to discuss the report.” [Wilson, 2007, pp. 111]
Wilson's Qualifications - Wilson will later describe himself as “the insider increasing [the CIA analysts’] store of information, supplying that perspective missing from their raw data. I had served as a junior diplomatic officer in Niger in the mid-1970s, a period that happened to coincide with the growth in the uranium business there. We had followed this issue closely from the American Embassy in Niamey, Niger’s capital, just as my staff and I had when I was ambassador to Gabon, another uranium-producing country, from 1992 to 1995. When I worked on the National Security Council in the Clinton administration two years later, among my areas of responsibility was the African uranium industry. Rarely did conversations with Africans from uranium-producing countries fail to touch on the subject. Niger, where I had traveled frequently over the years, was always of particular interest.” [Wilson, 2004, pp. 8]
Details Shared with Wilson - In the meeting, Wilson learns of a report that purports to document a memorandum of sale from Niger to Iraq, and that the report had aroused the interest of Vice President Dick Cheney (see (February 13, 2002)). Cheney’s office has tasked the CIA to determine the truth or falsity of the report. The report is lacking in key details. Wilson’s knowledge of the region, particularly of the government and private interests involved in mining and distributing uranium, will be particularly helpful. Wilson later writes, “The Nigeriens were the same people I had dealt with during and after my time at the National Security Council, people I knew well.” The former minister of mines, the man responsible for oversight of the industry at the time of the alleged sales, is a friend of his.
Skepticism among Participants about Report - Wilson will later describe himself as “skeptical, as prudent consumers of intelligence always are about raw information.” He will note that much of this kind of intelligence is classified as “rumint,” or rumors passing as fact, and is usually “no more reliable than Bigfoot sightings. Rumint is a necessary and unfortunate reality in a world where many people will tell you what they think you want to hear, as opposed to simple facts.” [Wilson, 2004, pp. 14-15] Notes taken by INR analyst Douglas Rohn, as well as e-mails from other participants, indicate that INR expresses skepticism that the alleged uranium contract could have taken place. Rohn, who served as deputy chief of mission in Niger during the ‘90s, writes that it would have been very difficult to conceal such a large shipment of yellowcake because “the French appear to have control of the uranium mining, milling and transport process, and would seem to have little interest in selling uranium to the Iraqis.” INR also says that the embassy in Niger has good contacts and is thus in a position to get to the truth on the matter, and therefore believes the proposed trip to Niger would be redundant. Others attending the meeting argue that the trip would probably not resolve the matter because the Nigeriens would be unlikely to admit to a uranium sales agreement with Iraq. An e-mail from a WINPAC analyst to CPD following the meeting notes, “[I]t appears that the results from this source will be suspect at best, and not believable under most scenarios.” CPD nonetheless concludes that sending Wilson would be worth a try. [US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 94-95]
Open and Public Visit - Wilson is willing, but points out that he is not a spy, but a former diplomat with no experience with clandestine work. He will be recognized in Niger. Therefore, there can be no expectation of any covert or clandestine actions on his part; everything he does will be open and above board. He also insists on obtaining the approval of both the State Department and the US Ambassador to Niger, Barbro Owens-Kirkpatrick, before entering the country. He expects no payment for his visit, but will accept reimbursement for expenses. The others in the meeting agree. The rest of the two-hour meeting is spent considering and plotting out various scenarios, based on who he might see and what he might learn during his visit. [Wilson, 2004, pp. 16-17] “I went through what I knew about… uranium,” Wilson later recalls. “I went through what I knew about the personalities.… People chimed in, and I answered them as best I could. It was a kind of free-for-all, and at the end they sort of asked, ‘Well, would you be able to clear your schedule and go out there if we wanted?’ and I said, ‘Sure.’” [Vanity Fair, 1/2004]

Entity Tags: Douglas Rohn, Counterproliferation Division, Joseph C. Wilson, Valerie Plame Wilson, US Embassy in Niger, Bureau of Intelligence and Research

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

Joseph Wilson.Joseph Wilson. [Source: public domain]The CIA sends Joseph C. Wilson, a retired US diplomat, to Niger to investigate claims that Iraq had sought to purchase uranium from that country (see February 13, 2002). The CIA pays Wilson’s expenses for the trip, but does not pay him in any other respect. The identity of the party who requests the mission is later disputed. While Wilson will claim the trip was requested directly by Dick Cheney’s office, other sources will indicate that the CIA had decided (see February 19, 2002) that a delegation to Niger was needed in order to investigate questions raised by one of Dick Cheney’s aides (see (February 13, 2002)). [New York Times, 5/6/2003; Washington Post, 6/12/2003 pdf file; Independent, 6/29/2003; New York Times, 7/6/2003; US Congress, 7/7/2004]
Reason behind Request - Former CIA analyst Melvin Goodman will later note that “Wilson was asked to go to Niger for one specific purpose. It was the CIA’s idea to get Cheney off their backs. Cheney would not get off their backs about the yellowcake documents. They couldn’t get Cheney to stop pressing the issue. He insisted that was the proof of reconstitution of [Iraq’s nuclear] program.” [Dubose and Bernstein, 2006, pp. 214]
Normal Skepticism - Wilson goes into the situation with a healthy dose of skepticism. “My skepticism was the same as it would have been with any unverified intelligence report, because there is a lot of stuff that comes over the transom every day,” he will recall in 2006. Wilson knows nothing of the influence of the Pentagon neoconservatives (see July 8, 1996, January 26, 1998, July 1998, September 2000, Late December 2000 and Early January 2001, Shortly after January 20, 2001, and Shortly After September 11, 2001) or the growing rift in the intelligence community over the reports: “I was aware that the neocons had a growing role in government and that they were interested in Iraq,” he will recall. “But the administration had not articulated a policy at this stage.” He is not given a copy of the Niger documents before leaving for Africa, nor is he told of their history. “To the best of my knowledge, the documents were not in the possession of the [CIA] at the time I was briefed,” he will recall. “The discussion was whether or not this report could be accurate. During this discussion, everyone who knew something shared stuff about how the uranium business worked, and I laid out what I knew about the government in Niger, what information they could provide.” With this rather sketchy preparation, Wilson leaves for Niger. [Unger, 2007, pp. 240; Wilson, 2007, pp. 113] Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write, “He figured that if the vice president had asked a serious and legitimate question, it deserved a serious answer and he would try to help find it.” [Wilson, 2007, pp. 111]
No Trouble Finding Information - Wilson, who knows the Nigerien government and many of its officials, has little trouble finding the information he needs in the following week. In 2006, he will recall: “Niger has a simplistic government structure. Both the minister of mines and the prime minister had gone through the mines. The French were managing partners of the international consortium [which handles Niger’s uranium]. The French mining company actually had its hands on the project. Nobody else in the consortium had operators on the ground.” Wilson also personally knows Wissam al-Zahawie, Iraq’s ambassador to the Vatican who supposedly negotiated the uranium deal with Niger (see February 1999). Wilson will later observe: “Wissam al-Zahawie was a world-class opera singer, and he went to the Vatican as his last post so he could be near the great European opera houses in Rome. He was not in the Ba’athist inner circle. He was not in Saddam [Hussein]‘s tribe. The idea that he would be entrusted with the super-secret mission to buy 500 tons of uranium from Niger is out of the question.” [Unger, 2007, pp. 240-241] Wilson meets with, among other officials, Niger’s former minister of mines, Mai Manga. As later reported by the Senate Intelligence Committee (see July 9, 2004), Manga tells Wilson “there were no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s,” and he “knew of no contracts signed between Niger and any rogue states for the sale of uranium.” Manga says a “French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transport overseas,” and, “it would be difficult, if not impossible, to arrange a special shipment of uranium to a pariah state given these controls.” [CounterPunch, 11/9/2005]
Meeting with US Ambassador - Wilson arrives in Niger on February 26, two days after Marine General Carlton W. Fulford Jr.‘s meeting (see February 24, 2002) with Nigerien officials. Wilson first meets with US Ambassador to Niger Barbro Owens-Kirkpatrick, a veteran Foreign Service official, whom Wilson will later describe as “crisp” and well-informed. Over tea in the US Embassy offices in Niamey, Niger’s capital, Owens-Kirkpatrick tells Wilson that she has already concluded that the allegations of uranium sales to Iraq are unfounded. “She had already debunked them in her reports to Washington,” Wilson will later recall. “She said, yeah, she knew a lot about this particular report. She thought she had debunked it—and, oh, by the way, a four-star Marine Corps general had been down there as well—Carlton Fulford. And he had left satisfied there was nothing to report.” [Wilson, 2004, pp. 20-22]
Details of Alleged Uranium Production - Niger extracts uranium from two mines, both located in remote locations in the Sahara Desert. It takes well over a day to drive from the mines to Niamey. The mines are owned by a consortium of foreign companies and the Nigerien government, and managed by a French mining company, COGEMA. Because of a recent upswing in the production of Canadian uranium, Niger’s uranium is mined at a net loss, and its only customers are consortium members. Wilson will later write, “[T]he Nigerien government has sold no uranium outside the consortium for two decades.” If Iraq had bought 500 tons of uranium, as the story is told, that would have represented a 40 percent production increase. “There is no doubt,” Wilson will later write, “that such a significant shift from historic production schedules would have been absolutely impossible to hide from the other partners, and most certainly from the managing partner, COGEMA. Everyone involved would have known about it.” Any Nigerien government decision to produce such an amount of uranium would have involved numerous government officials and many well-documented meetings. Because the transaction would have been to a foreign country, Niger’s Foreign Ministry would also have been involved in the decision. To sell Iraq uranium during that time would have been a violation of international law and of UN sanctions against Iraq, a weighty decision that would have ultimately been made by the president of Niger in conjuction with the foreign minister and the minister of mines. Such a decision would have been published in the Nigerien equivalent of the Federal Register and would have dramatic tax and revenue implications. The unexpected huge infusion of cash from the sale would have had a strong impact on the Nigerien economy, and would have been much anticipated and talked about throughout the Nigerien business community. [Wilson, 2004, pp. 22-25]
Off-the-Books Production Virtually Impossible - It is conceivable that such an enormous operation could have been conducted entirely “off the books,” Wilson will write, but virtually impossible to pull off. True, a military junta was in power at the time of the alleged sale, one that felt no responsibility or accountability to the Nigerien people. But even a secret transaction would have been impossible to conceal. Such a transaction would have involved thousands of barrels of clandestinely shipped uranium, extensive and complex adjustments to shipping schedules, and other ramifications. “It simply could not have happened without a great many people knowing about it, and secrets widely known do not remain hidden for long. And again, COGEMA, as the managing partner, would have had to know and be complicit.” Add to that Niger’s dependence on US foreign economic aid and its unwillingness to threaten the loss of that aid by secretly shipping uranium to a country that the US considers a dangerous rogue nation. All told, Wilson concludes, the possibility of such a clandestine operation is remote in the extreme. [Wilson, 2004; Wilson, 2004]
1999 Meeting with Iraqi Official - While speaking with a US Embassy official, Wilson learns about a 1999 meeting between the embassy official and an Iraqi representative in Algiers, perhaps in concert with a similar meeting between Iraqi officials and Niger’s prime minister (see June 1999). [Wilson, 2004, pp. 27-28]
Confirmation that Allegations are Unrealistic - After spending several days talking with current government officials, former government officials, and people associated with the country’s uranium business, Wilson concludes the rumors are completely false. He will later call the allegations “bogus and unrealistic.” [Washington Post, 6/12/2003 pdf file; Knight Ridder, 6/13/2003; Independent, 6/29/2003; New York Times, 7/6/2003; CBS News, 7/11/2003; Vanity Fair, 1/2004; Wilson, 2004, pp. 20-28, 424; Vanity Fair, 5/2004, pp. 282; Wilson, 2007, pp. 113]

Entity Tags: Barbro Owens-Kirkpatrick, Wissam al-Zahawie, Carlton W. Fulford, COGEMA, Mai Manga, Valerie Plame Wilson, Muhammad Saeed al-Sahhaf, Melvin A. Goodman, Central Intelligence Agency, Richard (“Dick”) Cheney, Joseph C. Wilson

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

Carlton W. Fulford Jr.Carlton W. Fulford Jr. [Source: US Marine Corps]Marine General Carlton W. Fulford Jr., deputy commander of the US European Command, arrives in Niger on a scheduled refueling stop. At the request of US Ambassador to Niger Barbro Owens-Kirkpatrick, Fulford joins the ambassador at a meeting with Niger’s President Mamadou Tandja and Foreign Minister Aichatou Mindaoudou. He explains the importance of keeping Niger’s ore deposits secure. At the meeting, President Tandja assures the ambassador and General Fulford that Niger is determined to keep its uranium “in safe hands.” [Washington Post, 7/15/2003; Voice of America, 7/15/2003; Vanity Fair, 5/2004, pp. 282; US Congress, 7/7/2004] After the meeting, Fulford concludes that Niger’s uranium is securely under the control of a French consortium and that there is little risk that the material will end up in the wrong hands. These findings are passed on to General Joseph Ralston who provides them to General Richard B. Myers, chairman of the Joint Chiefs of Staff. [Washington Post, 7/15/2003; Voice of America, 7/15/2003; Vanity Fair, 5/2004, pp. 282] The Pentagon will later say that Defense Secretary Donald Rumsfeld was not informed about the trip or its conclusions. [Voice of America, 7/15/2003]

Entity Tags: Mamadou Tandja, Joseph Ralston, Barbro Owens-Kirkpatrick, Richard B. Myers, Aichatou Mindaoudou, Carlton W. Fulford, US Department of Defense

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

Secretary of Defense Donald Rumsfeld announces the closure of the Office of Strategic Influence (see Shortly after September 11, 2001), after news of the Pentagon propaganda initiative causes a public stir (see February 19, 2002). “The office has clearly been so damaged that it is pretty clear to me that it could not function effectively,” he tells reporters. “So it is being closed down.” Asked if he instructed Rumsfeld to close the office, President Bush says: “I didn’t even need to tell him this. He knows how I feel about this.” [New York Times, 2/27/2002] Nine months later, Rumsfeld says that after the OSI was closed, “I went down that next day and said fine, if you want to savage this thing fine I’ll give you the corpse. There’s the name. You can have the name, but I’m gonna keep doing every single thing that needs to be done and I have.” [US Department of Defense, 11/18/2002] Much of its operations are apparently shifted to another unit called the Information Operations Task Force. Some operations are farmed out to the Rendon Group, a private public relations firm with extensive experience marketing wars and foreign policy for Republican administrations (see May 1991 and Late May 2001). [Rolling Stone, 11/17/2005; Rich, 2006, pp. 189]

Entity Tags: John Rendon, Office of Strategic Influence, Rendon Group, Donald Rumsfeld, Information Operations Task Force, James R. Wilkinson

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

While former ambassador Joseph Wilson is still in Africa learning about the supposed Iraq-Niger uranium deal (see February 21, 2002-March 4, 2002), Douglas Rohn, an analyst for the State Department’s Bureau of Intelligence and Research (INR), writes an intelligence assessment, titled “Niger: Sale of Uranium to Iraq Is Unlikely,” that disputes recent Italian intelligence reports (see October 15, 2001 and February 5, 2002) suggesting that Iraq attempted to purchase uranium from Niger. The assessment reiterates INR’s view that France controls the uranium industry and “would take action to block a sale of the kind alleged in a CIA report of questionable credibility from a foreign government service.” It adds that though “some officials may have conspired for individual gain to arrange a uranium sale,” Nigerien President Mamadou Tandja’s government would have been unlikely to risk relations with the US and other key aid donors. And it cites the logistical difficulties of a secret transaction requiring “25 hard-to-conceal 10-ton trailers” that would have had to travel 1,000 miles and cross one international border before reaching the sea. “A whole lot of things told us that the report was bogus,” Greg Thielmann, a high-ranking INR official, will later explain to Time magazine. “This wasn’t highly contested. There weren’t strong advocates on the other side. It was done, shot down.” The assessment, drafted in response to interest from the vice president’s office (see (February 13, 2002)), is sent to the White House Situation Room and Secretary of State Colin Powell. [Time, 7/21/2003; US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 96-97; Unger, 2007, pp. 241]

Entity Tags: Mamadou Tandja, US Department of State, Joseph C. Wilson, Douglas Rohn, Bureau of Intelligence and Research, Greg Thielmann, Colin Powell

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

A few days after the State Department determines that the reported secret uranium deal between Iraq and Niger is “unlikely” (see March 1, 2002), former ambassador Joseph Wilson returns from his fact-finding trip to Niger (see February 21, 2002-March 4, 2002). Wilson tells CIA officials that he found no evidence to show that any such deal ever took place. [Unger, 2007, pp. 241] Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write that the debriefing actually begins shortly after Wilson’s arrival in the US, with “two clean-cut CIA officers, one of whom was the reports officer who had suggested sending Joe to Niger in the first place” (see February 13, 2002), arriving at the Wilson home, “clearly eager to debrief Joe so they could immediately write up an intelligence report on his trip.” Plame Wilson deliberately absents herself from the debriefing taking place in her living room, though she joins her husband and the two CIA officers for a late dinner of takeout Chinese food, where they discuss general subjects. [Wilson, 2004, pp. 29; Wilson, 2007, pp. 112] Based on Wilson’s information, the CIA’s Directorate of Operations (DO)‘s case officer writes a draft intelligence report and sends it to the DO reports officer, who adds additional relevant information from his notes. [US Congress, 7/7/2004] The report will be distributed by March 8, 2002 (see March 8, 2002). [Wilson, 2007, pp. 370]

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

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

In response to a request from Vice President Dick Cheney for an update on the Niger uranium issue made a few days earlier, CIA WINPAC analysts provide an analytic update to Cheney’s intelligence briefer stating that the government of Niger has said it is making all efforts to ensure that its uranium will be used for only peaceful purposes. The update says the foreign government service (Italian military intelligence agency, SISMI) that provided the original report “was unable to provide new information, but continues to assess that its source is reliable.” The update also notes that the CIA would “be debriefing a source [Joseph Wilson] who may have information related to the alleged sale on March 5 (see March 4-5, 2002).” [US Congress, 7/7/2004]

Entity Tags: Central Intelligence Agency, Richard (“Dick”) Cheney

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

The CIA sends a one-and-a-half-page cable to the White House, the FBI, the Justice Department, the Joint Chiefs of Staff, and the Defense Intelligence Agency, with news that a CIA source sent to Niger has failed to find any evidence to back claims that Iraq sought uranium from that country (see February 21, 2002-March 4, 2002). The cable contains an initial report of the source’s findings in Niger. [Knight Ridder, 6/12/2003; ABC News, 6/12/2003; Knight Ridder, 6/13/2003; Washington Post, 6/13/2003; BBC, 7/8/2003; BBC, 7/8/2003; US Congress, 7/7/2004] The agency rates the quality of the information in the report as “good,” with a rating of 3 out of 5. [CounterPunch, 11/9/2005]
Caveats and Denials - The report does not name the CIA source or indicate that the person is a former ambassador. Instead it describes the source as “a contact with excellent access who does not have an established reporting record” and notes that the Nigeriens with whom he spoke “knew their remarks could reach the US government and may have intended to influence as well as inform.” A later Senate report on the US’s pre-war intelligence on Iraq will state: “The intelligence report indicated that former Nigerien Prime Minister Ibrahim Mayaki was unaware of any contracts that had been signed between Niger and any rogue states for the sale of yellowcake while he was prime minister (1997-1999) or foreign minister (1996-1997). Mayaki said that if there had been any such contract during his tenure, he would have been aware of it.” Mayaki, according to the report, also acknowledged a June 1999 visit (see June 1999) by a businessman who arranged a meeting between Mayaki and an Iraqi delegation to discuss “expanding commercial relations” between Niger and Iraq. The intelligence report says that Mayaki interpreted “expanding commercial relations” to mean that the delegation wanted to discuss purchasing uranium. The meeting did take place, but according to the report, “Mayaki let the matter drop due to UN sanctions on Iraq.” The intelligence report also says that Niger’s former Minister for Energy and Mines, Mai Manga, told Wilson that there have been no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s. Mai Manga is also reported to have described how the French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transportation overseas. Manga said he believed it would be difficult, if not impossible, to arrange a special clandestine shipment of uranium to a country like Iraq. [US Congress, 7/7/2004]
White House: Report Left Out Details, Considered Unimportant - Bush administration officials will say in June 2003 that the report left out important details, such as the trip’s conclusions. And consequently, the Washington Post will report in June 2003, “It was not considered unusual or very important and not passed on to Condoleezza Rice, the president’s national security adviser, or other senior White House officials.” [Washington Post, 6/12/2003 pdf file; Washington Post, 6/13/2003; Knight Ridder, 6/13/2003]
CIA Source Doubts White House Claims - But the CIA source who made the journey, former ambassador Joseph Wilson, will find this explanation hard to believe. “Though I did not file a written report [he provided an oral briefing (see March 4-5, 2002)], there should be at least four documents in United States government archives confirming my mission,” he will later explain. “The documents should include the ambassador’s report of my debriefing in Niamey, a separate report written by the embassy staff, a CIA report summing up my trip, and a specific answer from the agency to the office of the vice president (this may have been delivered orally). While I have not seen any of these reports, I have spent enough time in government to know that this is standard operating procedure.” [New York Times, 7/6/2003]
Senior CIA Case Officer Backs Up Source - In 2007, Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will write of the report (see March 4-5, 2002) that if standard protocol has been followed, the report is distributed to “all the government departments that have intelligence components, such as the State Department’s Bureau of Intelligence and Research (INR), the National Security Agency (NSA), the Pentagon, and the overseas military commands. All of us had every reason to believe that their finished report would indeed be sent to the vice president’s office as part of the established protocol.” According to Plame Wilson, who read the report when it was completed (see (March 6, 2002)), much of the report focuses on “Niger’s strict, private, and government controls on mining consortia to ensure that no yellowcake went missing between the uranium mines and the marketplace.” She will write in 2007 that her husband’s report “corroborated and reinforced what was already known.” Both she and her husband assume that the allegations are sufficiently disproven and will not be heard of again. [Wilson, 2007, pp. 112-114]
Little New Information - According to intelligence analysts later interviewed by Congressional investigators, the intelligence community does not believe the trip has contributed any significant information to what is already known about the issue, aside from the details of the 1999 Iraqi delegation. [US Congress, 7/7/2004]

Entity Tags: Condoleezza Rice, Federal Bureau of Investigation, Ibrahim Mayaki, Defense Intelligence Agency, Central Intelligence Agency, US Department of Justice, Mai Manga, Bush administration (43), Valerie Plame Wilson, Joint Chiefs of Staff, Joseph C. Wilson

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

Peter Ricketts, the British Foreign Office’s political director, offers advice to Foreign Secretary Jack Straw who is to provide Tony Blair with a note (see March 25, 2002) before he sets off for a planned meeting with Bush in Texas. In the memo, Ricketts recommends that Blair back the Bush policy on regime change, in a broad sense, because it would allow the British to exert some influence on the exact shape of the administration’s policy. “In the process, he can bring home to Bush some of the realities which will be less evident from Washington,” he says. “He can help Bush make good decisions by telling him things his own machine probably isn’t.” But he acknowledges that the British, in backing US plans against Iraq, may have a difficult time convincing Parliament and the British public to support the use of military force against Iraq because of scant evidence supporting Washington’s allegations against Iraq. “The truth is that what has changed is not the pace of Saddam Hussein’s WMD programs, but our tolerance of them post-11 September.” He adds that the “figures” being used in a dossier on Iraq that Downing Street is drafting needs more work in order for it to be “consistent with those of the US.” He explains: “[E]ven the best survey of Iraq’s WMD programs will not show much advance in recent years on the nuclear, missile, or chemical weapons/biological weapons fronts: the programs are extremely worrying but have not, as far as we know, been stepped up.” He also says the US has little evidence to support its other allegation. “US scrambling to establish a link between Iraq and al-Qaeda is so far frankly unconvincing,” he says. [United Kingdom, 3/22/2002 pdf file; Daily Telegraph, 3/21/2005; Guardian, 4/21/2005; Los Angeles Times, 6/15/2005]

Entity Tags: Peter Ricketts, Tony Blair, Jack Straw

Timeline Tags: Events Leading to Iraq Invasion

The CIA’s Directorate of Operations (DO) distributes a third and final intelligence report from Italy’s military intelligence service, SISMI, on the alleged 2000 Niger-Iraq uranium purchase deal. The report does not provide any information about its source. [Washington Post, 3/22/2003; Knight Ridder, 6/13/2003; Knight Ridder, 11/4/2005]

Entity Tags: SISMI, Central Intelligence Agency

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

The Future of Iraq dossier cover.The Future of Iraq dossier cover. [Source: Representational Pictures]The US State Department begins the “Future of Iraq” project aimed at developing plans for post-Saddam Iraq. The project eventually evolves into the collaborative effort of some 17 working groups involving more than 200 exiled Iraqi opposition figures and professionals including jurists, academics, engineers, scientists, and technical experts. These groups meet on numerous occasions over the next eight to ten months, preparing plans to address a wide range of issues. The 17 working groups include: Public Health and Humanitarian Needs; Water, Agriculture and the Environment; Public Finance and Accounts; Transitional Justice; Economy and Infrastructure; Refugees and Internally Displaced Persons, and Migration Policy; Foreign and National Security Policy; Defense Institutions and Policy; Civil Society Capacity-Building; Public and Media Outreach; Economic and Infrastructure; Local Government; Anti-Corruption Measures; Oil and Energy; Education; Free Media; and Democratic Principles. [US Department of State, 1/22/2002; United Press International, 6/5/2002; US Department of State, 10/4/2002; US Department of State, 10/11/2002; US Department of State, 10/11/2002; Assyrian International News Agency, 10/31/2002; Washington File, 12/16/2002; Washington File, 12/16/2002; US Department of State, 12/19/2002; Washington File, 2/3/2003; Detroit Free Press, 2/10/2003; US Department of State, 2/12/2003; US Department of State, 4/23/2003 pdf file; New York Times, 10/19/2003; US News and World Report, 11/25/2003]
Problems and Setbacks - The project suffers from a serious lack of interest and funds. In July, The Guardian reports: “Deep in the bowels of the US State Department, not far from the cafeteria, there is a small office identified only by a handwritten sign on the door reading: ‘The Future of Iraq Project.‘… [T]he understaffed and underfunded Future of Iraq Project has been spending more effort struggling with other government departments than plotting Saddam’s downfall.” [Guardian, 7/10/2002] More than a month after the invasion, several of the project’s 17 working groups will still have not met. [Roberts, 2008, pp. 126]
Achievements - The $5 million project ultimately produces 13 volumes of reports consisting of some 2,000 pages of what is described as varying quality. The New York Times will later report, “A review of the work shows a wide range of quality and industriousness.” [New York Times, 10/19/2003] The newspaper cites several examples:
bullet “[T]he transitional justice working group, made up of Iraqi judges, law professors, and legal experts… met four times and drafted more than 600 pages of proposed reforms in the Iraqi criminal code, civil code, nationality laws and military procedure.” [New York Times, 10/19/2003]
bullet “The group studying defense policy and institutions expected problems if the Iraqi Army was disbanded quickly.… The working group recommended that jobs be found for demobilized troops to avoid having them turn against allied forces.” [New York Times, 10/19/2003]
bullet “The democratic principles working group wrestled with myriad complicated issues from reinvigorating a dormant political system to forming special tribunals for trying war criminals to laying out principles of a new Iraqi bill of rights.” [New York Times, 10/19/2003]
bullet “The transparency and anticorruption working group warned that ‘actions regarding anticorruption must start immediately; it cannot wait until the legal, legislative and executive systems are reformed.’” [New York Times, 10/19/2003]
bullet “The economy and infrastructure working group warned of the deep investments needed to repair Iraq’s water, electrical, and sewage systems.” [New York Times, 10/19/2003]
bullet “The free media working group noted the potential to use Iraq’s television and radio capabilities to promote the goals of a post-Hussein Iraq.” [New York Times, 10/19/2003]
Impact of the Project's Work - After the US and British invasion of Iraq, Knight Ridder will report, “Virtually none of the ‘Future of Iraq’ project’s work was used.” [Knight Ridder, 7/12/2003] It was “ignored by Pentagon officials,” the New York Times will also observe. [New York Times, 10/19/2003] Iraq expert and former CIA analyst Judith Yaphe, who is one of the American experts involved in the “Future of Iraq” project, will tell American Prospect magazine in May 2003: “[The Office of the Secretary of Defense] has no interest in what I do.” She will also complain about how the Defense Department prevented the State Department from getting involved in the post-war administration of Iraq. “They’ve brought in their own stable of people from AEI [American Enterprise Institute], and the people at the State Department who worked with the Iraqi exiles are being kept from [Jay] Garner,” she will explain. [American Prospect, 5/1/2003] One of those people is Tom Warrick, the “Future of Iraq” project director. When retired Lt. Gen. Jay Garner, the first US administrator in Iraq, requests that Warrick join his staff, Pentagon civilians veto the appointment. [Knight Ridder, 7/12/2003; New York Times, 10/19/2003] Other sources will also say that the Pentagon purposefully ignored the work of the “Future of Iraq” project. Air Force Lt. Col. Karen Kwiatkowski, who retires from the Pentagon’s Near East/South Asia bureau on July 1, will tell Knight Ridder Newspapers that she and her colleagues were instructed by Pentagon officials in the Office of Special Plans to ignore the State Department’s concerns and views. “We almost disemboweled State,” Kwiatkowski will recall. [Knight Ridder, 7/12/2003] After the fall of Saddam Hussein, critics will say that several of the post-war problems encountered could have been avoided had the Pentagon considered the warnings and recommendations of the “Future of Iraq” project. [American Prospect, 5/1/2003; New York Times, 10/19/2003]

Entity Tags: US Department of State, Jay Garner, Judith Yaphe, US Department of Defense, Tom Warrick, Karen Kwiatkowski

Timeline Tags: Events Leading to Iraq Invasion

In part due to pressure from Vice President Cheney, the CIA sends a cable to France’s intelligence agency, the Direction Generale de la Securite Exterieure (DGSE), communicating concerns about intelligence suggesting that Iraq is attempting to purchase uranium from Niger. (Another cable had been sent the year before (see Summer 2001).) Specifically, the CIA says it is concerned about an alleged agreement between Iraq and Niger on the sale of 500 tons of uranium that was signed by Nigerian officials. (In an interview with the Los Angeles Times, DGSE official Alain Chouet will note that the details of this agreement matched those of the forged documents.) [Los Angeles Times, 12/11/2005; Unger, 2007, pp. 241] Niger is a former French colony, and the French keep a tight rein on Niger’s uranium production. Hence, the CIA turns to French intelligence to vet the claim of Nigerien uranium going to Iraq. “The French were managing partners of the international consortium in Niger,” former US ambassador Joseph Wilson will later say. “The French did the actual mining and shipping of [uranium].” [Unger, 2007, pp. 208-209] The CIA asks for an immediate answer about the authenticity of the information. [La Repubblica (Rome), 12/1/2005] In response, the DGSE sends its head of security intelligence, Chouet, to look into the uranium deal. The initial information Chouet receives from the CIA is vague, he will later recall, except for one striking detail: Iraq’s ambassador to the Vatican, Wissam al-Zahawie, made an unusual trip to four African countries in 1999, including Niger. CIA analysts fear the trip may have been a prelude to the uranium deal. But Chouet soon learns that the al-Zawahie trip (see February 1999) had not been secret, as the CIA avers, but had been well covered by, among other news outlets, the local Nigerien press. In addition, French, British, and US intelligence had received routine reports on al-Zawahie’s visits. Chouet, head of a 700-person intelligence unit specializing in weapons proliferation and terrorism, sends an undercover team of five or six men to Niger to check on the security of Niger’s uranium. The investigation produces no evidence that al-Zawahie had even discussed uranium with the Nigeriens. [La Repubblica (Rome), 12/1/2005; Los Angeles Times, 12/11/2005; Unger, 2007, pp. 208-209] Chouet will later recall, “[O]nce back, they told me a very simple thing: ‘the American information on uranium is all bullsh_t.’” [La Repubblica (Rome), 12/1/2005] The French summarize the results of their investigation in a series of formal cables they send to CIA offices in Langley and Paris. Chouet will later tell the Times that they communicated their doubts about the claims in no uncertain terms. “We told the Americans, ‘Bullshi_t. It doesn’t make any sense.’” [La Repubblica (Rome), 12/1/2005; Los Angeles Times, 12/11/2005] Choeut’s formal reports to the CIA use less coarse language, but he later describes them as candid. “We had the feeling we had been heard,” he will recall. [Unger, 2007, pp. 241] The DGSE considers the issue closed. [Unger, 2007, pp. 208-209]

Entity Tags: Richard (“Dick”) Cheney, Joseph C. Wilson, Central Intelligence Agency, Alain Chouet, Direction Générale de la Sécurité Extérieure, Wissam al-Zahawie

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

Defense Intelligence Agency analysts issue a “fabricator notice,” warning the intelligence community that the agency has determined (see Between February 12, 2002 and March 31, 2002) that Iraqi defector Mohammad Harith is of questionable reliability and recommending that agencies disregard any intelligence that he has provided. It also notes that Harith had been “coached by [the] Iraqi National Congress” on what to tell US interrogators. [New York Times, 2/13/2004; Newsweek, 2/16/2004; Knight Ridder, 7/16/2004 Sources: Unnamed US intelligence official] The classified memo is “widely circulated within intelligence agencies, including the DIA and CIA,” Newsweek will later report, citing unnamed intelligence officials. [Newsweek, 2/16/2004 Sources: Unnamed US Intelligence Officials, Linton Wells] Almost a year later, in a presentation to the UN, Secretary of State Colin Powell will make the claim that Iraq has mobile biological weapons labs (see February 5, 2003), and cite Harith as one of US Intelligence’s four sources. Explaining how the reference to a dubious source made its way into Powell’s speech, the State Department will say that the “fabricator notice” had not been properly cross-referenced in intelligence computers. [Newsweek, 2/16/2004]

Entity Tags: Iraqi National Congress, Mohammad Harith, Central Intelligence Agency, Defense Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

The Bush administration issues a remarkable series of terror warnings that many believe are politically motivated. Vice President Cheney warns it is “not a matter of if, but when” al-Qaeda will next attack the US. [CNN, 5/20/2002] Homeland Security Director Tom Ridge says the same thing. Defense Secretary Rumsfeld says terrorists will “inevitably” obtain weapons of mass destruction (see May 21, 2002). FBI Director Mueller says more suicide bombings are “inevitable.” [Washington Post, 5/22/2002] Authorities also issue separate warnings that al-Qaeda militants might target apartment buildings nationwide, banks, rail and transit systems, the Statue of Liberty, and the Brooklyn Bridge. USA Today titles an article, “Some Question Motives Behind Series of Alerts.” [USA Today, 5/24/2002] David Martin, CBS’s national security correspondent, says, “Right now they’re putting out all these warnings to change the subject from what was known prior to September 11 to what is known now.” It had been revealed the week before that Bush received a briefing in August 2001 entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001). [Washington Post, 5/27/2002] Remarkably, even Press Secretary Ari Fleischer says the alerts were issued “as a result of all the controversy that took place last week.” [Washington Times, 5/22/2002; Village Voice, 5/23/2002] A retired CIA official reveals that the administration “made a political decision” to make any threat public, even those deemed to be hoaxes. In response to the alleged threat to New York, the former head of the FBI bureau there states that “there really isn’t any hard information.” [Rolling Stone, 9/21/2006 pdf file] Time notes, “Though uncorroborated and vague, the terror alerts were a political godsend for an administration trying to fend off a bruising bipartisan inquiry into its handling of the terrorist chatter last summer. After the wave of warnings, the Democratic clamor for an investigation into the government’s mistakes subsided.” [Time, 5/27/2002]

Entity Tags: Robert S. Mueller III, Richard (“Dick”) Cheney, Donald Rumsfeld, Tom Ridge, Ari Fleischer, Al-Qaeda, David Martin

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

Defense Secretary Rumsfeld says that al-Qaeda operatives are in the US, and “they are very well-trained.” He also says that “terrorist networks have relationships with terrorist states that have weapons of mass destruction, and… they inevitably are going to get their hands on them, and they would not hesitate one minute in using them. That’s the world we live in.” [Suskind, 2006, pp. 121] His comments are part of a wave of ominous warnings by the Bush administration (see May 20-24, 2002) that come just days after it is reported that President Bush was given a warning before 9/11 entitled “Bin Laden Determined to Strike in US” (see August 6, 2001).

Entity Tags: Donald Rumsfeld

Timeline Tags: Complete 911 Timeline

Corporal Pat Tillman.Corporal Pat Tillman. [Source: US Army / Public domain]St. Louis Cardinals safety Pat Tillman visits the team complex in Tempe, Arizona to tell his coach he will enlist in the Army. Although he has been offered a three-year, multi-million dollar contract, he wants to become a US Ranger and fight in Afghanistan. He clears his locker and sees to his insurance, but does not yet disclose his plan to teammates. [East Valley Tribune (Mesa), 5/29/2002] However, the story breaks the next day. [Orlando Sentinel, 5/26/2002] Both Tillman and his brother, Kevin Tillman, a former minor league baseball player in Cleveland, dodge media attention by refusing to be interviewed and driving to Denver, Colorado to enlist, rather than enlist in their home state of Arizona where they are better known. [Express (London), 5/30/2002; New York Times, 6/1/2002]
Tillman Does Not Want to Be 'Poster Boy' for Military - Tillman continues to refuse media interviews, denying requests from sources such as the New York Times and Sports Illustrated, as well as most major television networks. He asks that the Army not “use him as a poster boy.” [San Jose Mercury News, 5/29/2002] Nancy Hutchinson, a public affairs officer for Army recruitment in Phoenix, Arizona, confirms that Tillman has requested that the military not publicize his enlistment and says that this should ensure his privacy. [East Valley Tribune (Mesa), 5/29/2002]
Lionized by Media - Despite Tillman’s best efforts to avoid the limelight, the media gives the story widespread coverage, characterizing him as a “hero” and “an inspiration.” [Orlando Sentinel, 5/26/2002; Daily Herald(Arlington Heights), 5/27/2002] The Philadelphia Inquirer writes that his desire to join the Rangers is “a special calling,” and that both brothers are “volunteering to give up the life of privilege and perks for the opportunity to kill terrorists.” The Tampa Tribune describes Tillman as that “one in a million” who has “got your back.” The Tribune interviews former Rangers who recount the extreme hardships recruits endure, noting that “65 percent of would-be Rangers” do not complete the training. However, it predicts that the Tillmans will go on to “defend our country.” Former Education Secretary William Bennett calls Tillman “a patriot, somebody with a deep, abiding love for our people, our country, and constitution.” [Tampa Tribune, 5/26/2002; Philadelphia Inquirer, 5/27/2002] Although Tillman never discusses his reasons for wanting to join the Rangers publicly [East Valley Tribune (Mesa), 5/29/2002; New York Times, 6/1/2002] , several news stories see his choice as a patriotic reaction to the events of 9/11, with David Whitely of the Orlando Sentinel writing, “Oh, for Osama bin Laden to run a crossing pattern in front of Pvt. Tillman.” [Orlando Sentinel, 5/26/2002]

Entity Tags: David Whitely, William J. Bennett, US Department of the Army, Nancy Hutchinson, Philadelphia Inquirer, Tampa Tribune, Kevin Tillman, Pat Tillman

Timeline Tags: War in Afghanistan

Within a week of NFL football player Pat Tillman telling his coach that he is joining the US infantry (see May 23-June 1, 2002), the story goes nationwide in the press. [New York Times, 6/1/2002] Sources abroad also cover Tillman’s decision, attributing it to his desire to be a part of the war on terror. London’s Express says that “this unnervingly selfless act was inspired… by the terrorist attacks against America last September.” London’s Daily Telegraph titles its feature article, “Footballer joins hunt for bin Laden,” and the Guardian reprises the narrative in “The man who wants to tackle terrorism.” [Express (London), 5/30/2002; Daily Telegraph, 6/4/2002; Guardian, 7/9/2002]

Entity Tags: The Guardian, London Express, Daily Telegraph, Pat Tillman

Timeline Tags: War in Afghanistan

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