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Context of 'Early April 1993: FBI Links Bombers in US to Bosnian Charity Front; But Bosnian Link Is Not Explored'

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Four prisoners captured at Tora Bora and shown to the media on December 17, 2001.Four prisoners captured at Tora Bora and shown to the media on December 17, 2001. [Source: Getty Images]US-allied forces declare that the battle of Tora Bora has been won. A ten-day ground offensive that began on December 5 has cleared out the remaining Taliban and al-Qaeda forces in Tora Bora. The Afghan war is now widely considered to be over. However, many will later consider the battle a failure because most of the enemy escapes (see December 5-17, 2001), and because the Taliban will later regroup. [Christian Science Monitor, 3/4/2002] The Christian Science Monitor later reports that up to 2,000 Taliban and al-Qaeda were in the area when the battle began. The vast majority successfully fled, and only 21 al-Qaeda fighters were finally captured. [Christian Science Monitor, 3/4/2002] US intelligence analysts later estimate that around 1,000 to 1,100 al-Qaeda fighters and an unknown number of leaders escaped Tora Bora, while Pakistani officials estimate 4,000 fighters plus 50 to 80 leaders escaped (see October 2004). [Knight Ridder, 10/30/2004] Author Ron Suskind will suggest in 2006 that there were just over 1,000 al-Qaeda and Taliban in the area, and of those, 250 were killed or captured. [Suskind, 2006, pp. 75 Sources: Ron Suskind] Bin Laden left the area by December 15, if not earlier (see December 15, 2001 and Mid-December 2001). It is believed that al-Qaeda’s number two leader, Ayman al-Zawahiri, also escaped the area around the same time. [Knight Ridder, 10/20/2002]

Entity Tags: Al-Qaeda, Osama bin Laden, Taliban, US Department of Defense

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Yazid Sufaat.Yazid Sufaat. [Source: FBI]Yazid Sufaat is arrested in Malaysia. Sufaat is a Malaysian who owns a condominum in Kuala Lumpur, Malaysia, where a January 2000 al-Qaeda summit was held (see January 5-8, 2000). He also graduated in 1987 from a California university with a degree in biological sciences. According to interrogations of Khalid Shaikh Mohammed, Hambali, and other captured prisoners, Sufaat was given the lead in developing chemical and biological weapons for al-Qaeda, but he apparently had been unable to buy the kind of anthrax he wanted for an attack. Zacarias Moussaoui, Mohamed Atta, and other al-Qaeda operatives appeared to have had an interest in crop dusters before 9/11. It has been suggested that this interest served to further Sufaat’s biological weapons plot. This would especially make sense in the case of Moussaoui, since he stayed with Sufaat in Sufaat’s Malaysia apartment for two months in late 2000 (see September-October 2000). The US will only be able to directly interview Sufaat on one brief occasion, in November 2002. [Washington Post, 3/28/2003; CNN, 10/10/2003; Chicago Tribune, 12/7/2003] Sufaat will be released in 2008. The Malaysian government will never try or charge him (see December 4, 2008).

Entity Tags: Zacarias Moussaoui, Yazid Sufaat, Al-Qaeda, Khalid Shaikh Mohammed, Mohamed Atta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Red Fort in Delhi, India, shortly after being attacked in 2000.The Red Fort in Delhi, India, shortly after being attacked in 2000. [Source: BBC]The US officially blocks the assets of Lashkar-e-Toiba (LeT), a Pakistani militant group, and Ummah Tameer-e-Nau (UTN), a Pakistani charity front. [White House, 12/20/2001] LeT has frequently attacked targets in India with the tacit support of the Pakistani government. For instance, LeT took credit for an attack on the Red Fort in Delhi in 2000 that killed three people. [BBC, 3/17/2006] But the US fails to mention Pakistani government support for LeT, particularly long-time support by Gen. Pervez Musharraf, who is now president of Pakistan (see 1993-1994). The Pakistani government officially bans LeT one month later. But the group changes its name to Jamaat-ud-Dawa and continues operating, though less openly than before. It is said to be closely linked to al-Qaeda. The US action comes just days after LeT was implicated in an attack on the Indian parliament (see December 13, 2001). [Asia Times, 6/4/2004] India will blame the group for major attacks in 2003 and 2005 that each kill about 60 people. [BBC, 3/17/2006] UTN was founded by Pakistani nuclear scientists (see 2000). The CIA was aware before 9/11 that UTN had proposed selling a nuclear weapon to Libya (see Shortly Before September 11, 2001), and that two UTN scientists met with Osama bin Laden (see Shortly Before September 11, 2001), so it is not known why the US waited until now to act against it.

Entity Tags: Pervez Musharraf, Lashkar-e-Toiba, Ummah Tameer-e-Nau

Timeline Tags: Complete 911 Timeline

The Justice Department’s John Yoo sends a classified memo to the Defense Department’s general counsel, William Haynes. The contents will not be made public, but the American Civil Liberties Union (ACLU) will eventually learn that the memo concerns possible criminal charges to be brought against an American citizen who is suspected of being a member of either al-Qaeda or the Taliban. The ACLU believes the memo discusses the laws mandating that US military personnel must adhere to the Uniform Code of Military Justice, and how those laws may not apply to military personnel during a so-called “undeclared war.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo

Timeline Tags: Civil Liberties

Richard Reid’s shoe bomb.
Richard Reid’s shoe bomb. [Source: NEFA Foundation]British citizen Richard Reid is arrested for trying to blow up a Miami-bound jet using explosives hidden in his shoe. [Associated Press, 8/19/2002] Reid fails in his attempt to destroy the American Airlines jet because he is unable to detonate the explosives—he cannot get the fuse to light using matches, despite using up six of them before he is overpowered by the stewards and passengers. Authors Sean O’Neill and Daniel McGrory will comment, “Had Reid used a cheap disposable plastic cigarette lighter to ignite the fuse of his bomb, rather than a match that did not burn for long enough, forensic experts are sure there was enough plastic explosive in his boot to puncture the fuselage of Flight 63 and bring down the aircraft.” [O'Neill and McGrory, 2006, pp. 215-217, 236] The attack is supposed to be one of two simultaneous attacks, but Reid’s partner, Saajit Badat, backs out shortly before the bombing (see (December 14, 2001)). Reid will later plead guilty to all charges, and declare himself a follower of Osama bin Laden. [CBS News, 10/4/2002] He may have ties to Pakistan. [Washington Post, 3/31/2002] It is later believed that Reid and others in the shoe bomb plot reported directly to 9/11 mastermind Khalid Shaikh Mohammed (KSM). [CNN, 1/30/2003] It has been suggested that KSM has ties to the ISI, and that Reid is a follower of Ali Gilani, a religious leader believed to be working with the ISI (see January 6, 2002).

Entity Tags: Khalid Shaikh Mohammed, Daniel McGrory, Sean O’Neill, Richard C. Reid

Timeline Tags: Complete 911 Timeline

Wall Street Journal reporter Daniel Pearl writes stories about the ISI that will lead to his kidnapping and murder (see January 31, 2002).
bullet On December 24, 2001, he reports about ties between the ISI and a Pakistani organization, Ummah Tameer-e-Nau, that was working on giving bin Laden nuclear secrets before 9/11 (see 2000 and Mid-August 2001). [Wall Street Journal, 12/24/2001]
bullet A few days later, he reports that the ISI-supported militant organization Jaish-e-Mohammed still has its office running and bank accounts working, even though President Pervez Musharraf claims to have banned the group. The Jaish-i-Mohammed is connected to the Al Rashid Trust, one of the first entities whose assets were frozen by the US after 9/11 and through which funding may have passed on its way to the hijackers in the US (see Early August 2001 and September 24, 2001). “If [Pearl] hadn’t been on the ISI’s radarscope before, he was now.” [Wall Street Journal, 12/31/2001; Guardian, 7/16/2002; Vanity Fair, 8/2002]
bullet He begins investigating links between shoe bomber Richard Reid and Pakistani militants, and comes across connections to the ISI and a mysterious religious group called Al-Fuqra. [Washington Post, 2/23/2002]
bullet He also may be looking into the US training and backing of the ISI. [Gulf News, 3/25/2002]
bullet He is writing another story on Dawood Ibrahim, a powerful Islamic militant and gangster protected by the ISI, and other Pakistani organized crime figures. [Newsweek, 2/4/2002; Vanity Fair, 8/2002]
bullet Former CIA agent Robert Baer later claims to be working with Pearl on an investigation of 9/11 mastermind Khalid Shaikh Mohammed. [United Press International, 4/9/2004] It is later suggested that Mohammed masterminds both Reid’s shoe bomb attempt and the Pearl kidnapping, and has connections to Pakistani gangsters and the ISI, so some of these explanations could fit together. [Asia Times, 10/30/2002; CNN, 1/30/2003; United Press International, 4/9/2004] Kidnapper Saeed will later say of Pearl, “Because of his hyperactivity he caught our interest.” [News (Islamabad), 2/15/2002] Pearl is kidnapped on January 23, 2002, and his murder is confirmed on February 22, 2002. [CNN, 2/22/2002]

Entity Tags: Dawood Ibrahim, Al-Fuqra, Daniel Pearl, Pakistan Directorate for Inter-Services Intelligence, Jaish-e-Mohammed, Osama bin Laden, Pervez Musharraf, Khalid Shaikh Mohammed, Robert Baer, Ummah Tameer-e-Nau

Timeline Tags: Complete 911 Timeline

A Jordanian suspected of involvement in the 1993 WTC bombing (see February 26, 1993) and 1995 Bojinka plot (see January 6, 1995) is arrested but apparently only charged with minor offenses. Hadi Yousef Alghoul had been arrested in the Philippines in March 1995 and accused of involvement in the Bojinka plot there. (see April 1, 1995-Early 1996). He apparently is the cousin of bomber Ramzi Yousef. [Ressa, 2003, pp. 25] On December 26, 2001, he is arrested in the Philippines again. He is found with nearly 300 sticks of dynamite and other bomb making materials. A police colonel says Alghoul had been under surveillance for years. [CNN, 12/28/2001; Contemporary Southeast Asia, 12/1/2002] Police say he is one of the United States’ 25 most wanted terrorists with a $25 million reward for his arrest in connection with the 1993 WTC bombing. His “fingerprints perfectly matched those of a terrorist tagged in the World Trade Center bombing.” He is also wanted for plotting the assassination of Americans. [Manila Bulletin, 1/6/2002] Yet despite all these accusations, he is not extradited to the US as other Bojinka suspects were, and he is merely charged in 2002 with the illegal possession of explosive devices. There have been no further news accounts about him. [Manila Sun-Star, 11/16/2002]

Entity Tags: Hadi Yousef Alghoul, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

Defense Secretary Donald Rumsfeld makes a public announcement that he is planning to move Taliban and al-Qaeda suspects to the Guantanamo Bay Naval Station. The number of people in US custody and destined for Guantanamo is allegedly small. According to the Chairman of the Joint Chiefs of Staff, Air Force Gen. Richard B. Myers, they number eight individuals aboard the USS Peleliu and 37 at a US base near Kandahar airport. [Dawn (Karachi), 12/28/2001] Troops, earlier stationed at nearby Camp Rhino, where John Walker Lindh was detained, are being transferred to Guantanamo. [GlobalSecurity (.org), 1/15/2005] The reason for choosing Guantanamo for detaining suspected al-Qaeda and Taliban members is unclear. Rumsfeld says: “I would characterize Guantanamo Bay, Cuba, as the least worst place we could have selected. Its disadvantages seem to be modest relative to the alternatives.” [Dawn (Karachi), 12/28/2001] Rumsfeld does not inform reporters of the legal opinion about to be released by the Office of Legal Counsel (OLC) that he feels makes Guantanamo uniquely qualified to serve as a prisoner for terror suspects (see December 28, 2001). According to the OLC opinion, Guantanamo is outside the US itself, so US courts have no jurisdiction to oversee conditions or activities there. It is also not on soil controlled by any other court system. And, unlike other facilities considered for housing terror suspects (see January 11, 2002), Guantanamo is not on the soil of a friendly government with which the US has lease and status of force agreements, but rather on the soil of a hostile Communist government whose predecessor had signed a perpetual lease with the US. The base, therefore, is, according to the OLC, under the sole jurisdiction of the US military and its commander in chief, and not subject to any judicial or legislative review. In 2007, author and reporter Charlie Savage will write, “Guantanamo was chosen because it was the best place to set up a law-free zone.” [Savage, 2007, pp. 145]

Entity Tags: Al-Qaeda, US Department of Defense, Charlie Savage, Richard B. Myers, Taliban, Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

Deputy Assistant Attorney Generals Patrick Philbin and John Yoo send a memorandum to Pentagon General Counsel William J. Haynes offering the legal opinion that US courts do not have jurisdiction to review the detention of foreign prisoners at Guantanamo Bay. Therefore detentions of persons there cannot be challenged in a US court of law. The memo is endorsed by the Department of Defense and White House legal counsel Alberto Gonzales. [Newsweek, 5/24/2004] The memo addresses “the question whether a federal district court would properly have jurisdiction to entertain a petition for a writ of habeas corpus filed on behalf of an alien detained at the US naval base at Guantanamo Bay, Cuba.” The conclusion of Philbin and Yoo is that it cannot, based primarily on their interpretation of a decision by the US Supreme Court in the 1950 Eisentrager case, in which the Supreme Court determined that no habeas petition should be honored if the prisoners concerned are seized, tried, and held in territory that is outside of the sovereignty of the US and outside the territorial jurisdiction of any court of the US. Both conditions apply to Guantanamo according to Philbin and Yoo. Approvingly, they quote the US Attorney General in 1929, who stated that Guantanamo is “a mere governmental outpost beyond our borders.” A number of cases, quoted by the authors, “demonstrate that the United States has consistently taken the position that [Guantanamo Bay] remains foreign territory, not subject to US sovereignty.” Guantanamo is indeed land leased from the state of Cuba, and therefore in terms of legal possession and formal sovereignty still part of Cuba. But Philbin and Yoo acknowledge a problem with the other condition: namely that the territory is outside the US’s jurisdiction. They claim with certainty that Guantanamo “is also outside the ‘territorial jurisdiction of any court of the United States.’” However, the Supreme Court should not have made a distinction between jurisdiction and sovereignty here; the wording of the decision is really, Philbin and Yoo believe, an inaccurate reflection of its intent: “an arguable imprecision in the Supreme Court’s language.” For that reason, they call for caution. “A non-frivolous argument might be constructed, however, that [Guantanamo Bay], while not be part of sovereign territory of the United States, is within the territorial jurisdiction of a federal court.” [US Department of Justice, 12/28/2001 pdf file]

Entity Tags: John C. Yoo, Alberto R. Gonzales, Patrick F. Philbin, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Ahmad Sajuli Abdul Rahman.Ahmad Sajuli Abdul Rahman. [Source: Malaysian Government]Ahmad Sajuli Abdul Rahman is arrested in Kuala Lumpur, Malaysia. [Utusan Malaysia, 1/5/2002]
Links to Al-Qaeda Summit - Sajuli, believed to be an operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, did not attend an important al-Qaeda summit in Kuala Lumpur, Malaysia, in January 2000 (see January 5-8, 2000), but he took some of the attendees around Kuala Lumpur. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), one of the attendees Sajuli escorted around town was 9/11 hijacker Khalid Almihdhar. Sajuli also helped arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli’s arrest is part of a wave of over a dozen arrests in Malaysia that also gets Yazid Sufaat, one of the summit attendees (see December 19, 2001). [Utusan Malaysia, 1/5/2002]
Held without Charge or Trial - Malaysian law allows for suspects to be held without charge or trial for up to two years, and this can be extended for additional two year periods. In early 2004, it will be announced that Sajuli’s detention will be extended for another two years. [Human Rights Watch, 2/26/2004] However, apparently will be released before that two year period is up, because there will be no further news of his detention.

Entity Tags: Yazid Sufaat, Khalid Almihdhar, Abu Bara al-Taizi, Ahmad Sajuli Abdul Rahman, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Three of the men convicted for the World Trade Center bombing (see February 26, 1993)—Mohammed Salameh, Mahmud Abouhalima, and Nidal Ayyad—are allowed to write about 90 letters from inside the Supermax prison in Florence, Colorado, encouraging fellow extremists around the world. Some of the letters are sent to Morocco and some to a militant cell in Spain. In one, addressed to cell leader Mohamed Achraf, who will be arrested in late 2004 for attempting to blow up the National Justice Building in Madrid (see July-October 18, 2004), Salameh writes, “Oh, God, make us live with happiness. Make us die as martyrs. May we be united on the day of judgment.” Other recipients have links to the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). One of Salameh’s letters, in which he calls Osama bin Laden “the hero of my generation,” is published in a newspaper in July 2002, but this does not result in any new security attempts to stop other letters. The letters urge readers to “terminate the infidels” because “Muslims don’t have any option other than jihad.” Former prosecutor Andrew McCarthy wonders, “He was exhorting acts of terrorism and helping recruit would-be terrorists for the jihad from inside an American prison.” Terrorism specialist Hedieth Mirahmadi says the letters would have been especially useful for recruitment because the convicted bombers have “a power that the average person or the average imam in a mosque doesn’t have.” Attorney General Alberto Gonzales will later comment, “I was surprised. Didn’t seem to make any sense to me and I’m sure the average American would have to wonder, ‘How could this happen?’” Staff at the prison noticed the letters were unmonitored and complained in 2003, but it apparently took management several months to impose a tighter regime. [MSNBC, 3/1/2005; MSNBC, 3/9/2005]

Entity Tags: US Bureau of Prisons, Mohamed Achraf, Mohammed Salameh, Hedieth Mirahmadi, Andrew McCarthy, Alberto R. Gonzales, Nidal Ayyad, Mahmud Abouhalima

Timeline Tags: Complete 911 Timeline

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

An aerial shot of Camp X-Ray.An aerial shot of Camp X-Ray. [Source: Public domain]The US prison camp at Guantanamo receives its first 20 prisoners from the Afghan battlefield. [Reuters, 1/11/2002] The prisoners are flown on a C-141 Starlifter cargo plane, escorted during the final leg of the journey by a Navy assault helicopter and a naval patrol boat. The prisoners, hooded, shackled, wearing blackout goggles and orange jumpsuits, and possibly drugged, are escorted one by one off the plane by scores of Marines in full battle gear. They are interred in what reporter Charlie Savage will later call “kennel-like outdoor cages” in the makeshift containment facility dubbed Camp X-Ray. [Guardian, 1/11/2002; Savage, 2007, pp. 142-143]
Leaked Photos of Transfer Cause International Outcry - Pictures of prisoners being transferred in conditions clearly in violation of international law are later leaked, prompting an outcry. But rather than investigating the inhumane transfer, the Pentagon will begin investigating how the pictures were leaked. [Associated Press, 11/9/2002]
Guantanamo Chosen to Keep Prisoners out of US Jurisdiction - The prisoners are sent to this base—leased by Cuba to the US—because it is on foreign territory and therefore beyond the jurisdiction of US law (see December 28, 2001). [Globe and Mail, 9/5/2002] It was once a coaling station used by the US Navy, and in recent years had been used by Coast Guard helicopters searching for drug runners and refugees trying to make it across the Florida Straits to US soil. In 1998, the Clinton administration had briefly considered and then rejected a plan to bring some prisoners from Kosovo to Guantanamo. Guantanamo was chosen as an interim prison for Afghanis who survived the uprising at Mazar-e Sharif prison (see 11:25 a.m. November 25, 2001) by an interagency working group (see Shortly Before September 23, 2001), who considered and rejected facilities in Germany and other European countries. Group leader Pierre-Richard Prosper will later recall: “We looked at our military bases in Europe and ruled that out because (a), we’d have to get approval from a European government, and (b), we’d have to deal with the European Court of Human Rights and we didn’t know how they’d react. We didn’t want to lose control over it and have it become a European process because it was on European soil. And so we kept looking around and around, and basically someone said, ‘What about Guantanamo?’” The base may well have not been the final choice of Prosper’s group; it was still researching a Clinton-era attempt to house Haitian and Cuban refugees there that had been challenged in court when Rumsfeld unilaterally made the decision to begin transferring prisoners to the naval base. [Savage, 2007, pp. 143-144]
No Geneva Convention Strictures Apply to 'Unlawful Combatants' - Rumsfeld, acting on the advice of the Justice Department’s Office of Legal Counsel, publicly declares the detainees “unlawful combatants” and thereby not entitled to the rights of the Geneva Conventions. “Unlawful combatants do not have any rights under the Geneva Convention,” Rumsfeld says. Though, according to Rumsfeld, the government will “for the most part treat them in a manner that is reasonably consistent with the Geneva Conventions, to the extent they are appropriate.” [Reuters, 1/11/2002] There is no reason to feel sorry for these detainees, says Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff. He states, “These are people who would gnaw through hydraulic lines at the back of a C-17 to bring it down.” [New York Times, 6/21/2004]
British Officials: 'Scandalous' - Senior British officials privately call the treatment of prisoners “scandalous,” and one calls the refusal to follow the Geneva Convention “not benchmarks of a civilized society.” [Guardian, 6/13/2002]

Entity Tags: US Department of the Navy, United States, US Department of Defense, Pierre-Richard Prosper, Richard B. Myers, Clinton administration, Donald Rumsfeld, Charlie Savage, Guantanamo Bay Naval Base, Office of Legal Counsel (DOJ), Geneva Conventions

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

Prisoners being flown to Guantanamo.Prisoners being flown to Guantanamo. [Source: Public domain]Beginning in January 2002, when the US-controlled Guantanamo prison opens in Cuba, until at least 2005, over 700 suspects are secretly flown by the CIA to Guantanamo over the territories of European countries. Most prisoners come from Afghanistan or other places in the Middle East and change planes at the Incirlik US military airbase in Turkey. Then they fly over Greek, Italian, and Portuguese airspace. About 170 other prisoners fly over or land in Spain. The first flight apparently takes place on January 14, and carries three British citizens known as the “Tipton Three” as well as others (see January 13, 2002). In 2007, the Council of Europe, Europe’s leading watchdog on human rights, will claim that European countries had breached the international Convention against Torture (see October 21, 1994) by giving the US secret permission to use its airspace. Moazzam Begg, a British prisoner at Guantanamo until 2005, will later recall his flight to Guantanamo. “Inside the plane there was a chain around our waist, and it connected to cuffs around my wrists, which were tied in the back, and to my ankles. We were seated but it was so painful not being able to speak, to hear, to breathe properly, to look, to turn left or right, to move your hands, stretch your legs, or anything.” [London Times, 11/25/2007] All the member countries of NATO signed a secret agreement in late 2001 allowing blanket overflight clearances for any flight relating to terrorism (see October 4, 2001).

Entity Tags: Central Intelligence Agency, Moazzam Begg

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. [Ledger (Lakeland FL), 10/24/2004]
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). [Washington Post, 6/24/2007]
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).

Entity Tags: US Department of Defense, US Department of Justice, Richard B. Myers, US Department of State, Taliban, Office of Legal Counsel (DOJ), John C. Yoo, Alberto R. Gonzales, Richard (“Dick”) Cheney, Colin Powell, Al-Qaeda, Condoleezza Rice, Donald Rumsfeld, John Bellinger, George W. Bush, Geneva Conventions, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Defense Secretary Rumsfeld sends a memo to Joint Chiefs of Staff Chairman General Richard Myers informing him that Bush has declared the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban (see January 18-25, 2002). In this “Memorandum for Chairman of the Joint Chiefs of Staff,” Rumsfeld states: “The United States has determined that al-Qaeda and Taliban individuals under the control of the Department of Defense are not entitled to prisoner of war status for purposes of the Geneva Conventions of 1949.” Nevertheless, “[t]he Combatant Commanders shall, in detaining al-Qaeda and Taliban individuals under the control of the Department of Defense, treat them humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions of 1949.” [US Department of Defense, 1/19/2002 pdf file] The same day, the memorandum is disseminated as an order by the Joint Chiefs of Staff. [Chairman of the Joint Chiefs of Staff, 1/19/2002 pdf file]

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

In January 2002, the Observer reports that Anas al-Liby, one of al-Qaeda’s top leaders, has been recently captured in Afghanistan. Al-Liby is considered one of bin Laden’s computer experts, and a long-time member of al-Qaeda’s ruling council. [Observer, 1/20/2002] In early March 2002, the London Times mentions al-Liby’s capture as an established fact. [London Times, 3/11/2002] Then, in late March 2002, the London Times and the Washington Post report that al-Liby has been recently captured in Sudan. Anonymous CIA sources and anonymous “senior administration officials” claim that al-Liby has been captured, but the Sudanese and US governments officially deny the arrest. The London Times says the arrest “has been kept a closely guarded secret.” Some senior officials who told the Post al-Liby had been arrested later change their account and say it was someone with a similar name. [London Times, 3/17/2002; Washington Post, 3/19/2002; Washington Post, 3/20/2002] Al-Liby remains on the FBI’s most wanted list, with a $25 million reward on his name. It will later be lowered to $5 million. [London Times, 5/8/2005] Al-Liby appears to have collaborated with British intelligence to kill Libyan leader Colonel Mu’ammar al-Qadhafi in 1996 and was allowed to openly live in Britain until 2000 (see Late 1995-May 2000; 1996). In 2003, it will be reported that al-Liby was captured in Sudan and then secretly deported to Egypt, where he is wanted for an attempted assassination of Egyptian President Hosni Mubarak (see (Late 1995)). [Scotland on Sunday, 10/26/2003] In 2007, human rights groups will list al-Liby as a possible ghost prisoner still held by the US (see June 7, 2007).

Entity Tags: Anas al-Liby

Timeline Tags: Complete 911 Timeline

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), and OLC lawyer John Yoo send a memo to White House counsel Alberto Gonzales and Defense Department chief counsel William Haynes. Known as the “Treaties and Laws Memorandum,” the document addresses the treatment of detainees captured in Afghanistan, and their eventual incarceration at Guantanamo and possible trial by military commissions. The memo asserts that the Geneva Conventions do not apply to al-Qaeda detainees, and the president has the authority to deny Taliban members POW status. The document goes on to assert that the president is not bound by international laws such as the Geneva Conventions because they are neither treaties nor federal laws. [US Department of Justice, 1/22/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), John C. Yoo, Jay S. Bybee, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties, War in Afghanistan

John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions and is applicable to prisoners of war. Yoo’s boss, OLC head Jay Bybee, sends another secret memo about the Geneva Conventions to Deputy Attorney General Larry Thompson. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Jay S. Bybee, American Civil Liberties Union, Geneva Conventions, US Department of Justice, John C. Yoo, Office of Legal Counsel (DOJ), Larry D. Thompson

Timeline Tags: Civil Liberties

It is reported that four charities operating in Bosnia are due to be shut down there within weeks. The four are Saudi High Relief Commission, Global Relief Foundation (GRF), Active Islamic Youth (AIO), and the Third World Relief Agency (TWRA). The Saudi High Commission is closely tied to the Saudi government and has given out hundreds of millions of dollars in aid to Bosnia. At least three suspects recently arrested by the US worked for the Commission, and it had a long history of known militant links (see 1996 and After). In late 2001, GRF was shut down in the US and the UN shut its offices in nearby Kosovo (see December 14, 2001). In the early 1990s, TWRA funneled hundreds of millions of dollars worth of weapons to Bosnia in violation of a UN embargo (see Mid-1991-1996). A Bosnian police official says, “We have information that these groups are used to finance and support terrorism. There is also definitely money laundering here. And this laundering definitely shows evidence of sources in the narcotics and arms trades.” Bosnian Deputy Minister Rasim Kadic says, “A series of searches and other intelligence gathering proved activities and evidence that has no relationship to humanitarian work. Four groups have very suspicious financial dealings and other issues have made police very suspicious about these four groups.… We expect to make the hard decision to close some of these groups. We will say ‘Thank you for your help, but now you must go.’” Officials say have also discovered evidence of drug and weapons trafficking by the four charities. [United Press International, 1/25/2002] But in fact, the four charities are not shut down in Bosnia, except for GRF, which will have its offices there shut near the end of 2002. [BBC, 11/28/2002] In 2004, there will be reports that TWRA is operating in the Czech Republic. [BBC, 3/15/2004] And in 2005, counterterrorism expert Rohan Gunaratna will tell an Austrian newspaper that TWRA is still tied to radical militants and still active there. [BBC, 6/14/2005]

Entity Tags: Third World Relief Agency, Rohan Gunaratna, Saudi High Commission, Rasim Kadic, Global Relief Foundation, Active Islamic Youth

Timeline Tags: Complete 911 Timeline

President Bush’s State of the Union speech describes an “axis of evil” consisting of Iraq, Iran, and North Korea. Osama bin Laden is not mentioned in the speech. [US President, 2/4/2002] Bush says: “States like these and their terrorist allies, constitute an axis of evil, arming to threaten the peace of the world. By seeking weapons of mass destruction, these regimes pose a grave and growing danger. They could provide these arms to terrorists, giving them the means to match their hatred. They could attack our allies or attempt to blackmail the United States. In any of these cases, the price of indifference would be catastrophic.” Bush goes on to suggest for the first time that the US might be prepared to launch pre-emptive wars by saying, “The United States of America will not permit the world’s most dangerous regimes to threaten us with the world’s most destructive weapons.” [Vanity Fair, 5/2004] When Bush advisor Richard Perle was asked one month before 9/11 about new challenges the US faced, he replied by naming these exact three countries (see August 6, 2001). Michael Gerson, head of the White House speechwriting team at the time, will later claim that, as Newsweek will later put it, “Bush was already making plans to topple Saddam Hussein, but he wasn’t ready to say so.” Iran and North Korea are inserted into the speech in order to avoid focusing solely on Iraq. The speech is followed by a new public focus on Iraq and a downplaying of bin Laden (see September 15, 2001-April 6, 2002). Prior to the speech, the Iranian government had been very helpful in the US fight against the Taliban, since the Taliban and Iran were enemies. [Newsweek, 2/12/2007] At the time, al-Qaeda operatives had been streaming into Iran from Afghanistan following the defeat of the Taliban. Iran has been turning over hundreds of suspects to US allies and providing US intelligence with the names, photographs, and fingerprints of those it is holding. [Washington Post, 2/10/2007] Newsweek will later say that it is “beyond doubt” the Iranian government was “critical… to stabilizing [Afghanistan] after the fall of Kabul.” But all this cooperation comes to an end after the speech. Iranian Deputy Foreign Minister Mohammad Hossein Adeli will later say that “Those [inside the Iranian government] who were in favor of a rapprochement with the United States were marginalized. The speech somehow exonerated those who had always doubted America’s intentions.” [Newsweek, 2/12/2007] In August 2003, reporter Jeffrey St. Clair will write that “the Axis of Evil [is not] an ‘axis’ at all, since two of the states, Iran and Iraq, hate… each other, and neither [have] anything at all to do with the third, North Korea.” [CounterPunch, 8/13/2003]

Entity Tags: George W. Bush, Mohammad Hossein Adeli, Jeffrey St. Clair, Michael Gerson

Timeline Tags: US confrontation with Iran, Complete 911 Timeline, Events Leading to Iraq Invasion, US International Relations

Reporter Daniel Pearl moments before he is killed.Reporter Daniel Pearl moments before he is killed. [Source: Associated Press]Wall Street Journal reporter Daniel Pearl is murdered. He is reported dead on February 21; his mutilated body is found months later. Police investigators say “there were at least eight to ten people present on the [murder] scene” and at least 15 who participated in his kidnapping and murder. “Despite issuing a series of political demands shortly after Pearl’s abduction four weeks ago, it now seems clear that the kidnappers planned to kill Pearl all along.” [Washington Post, 2/23/2002] Some captured participants later claim 9/11 mastermind Khalid Shaikh Mohammed is the one who cuts Pearl’s throat. [MSNBC, 9/17/2002; Time, 1/26/2003] The land on which Pearl was held and murdered reportedly belongs to either the Al Rashid Trust, or one of its supporters, Saud Memon. The Al Rashid Trust, an ostensibly charitable organization that US intelligence linked to the financing of al-Qeada, is closely linked to the jihadi organization Jaish-i-Mohammed and was one of the very first organizations to have its assets frozen after 9/11. It may have been used to funnel money to the 9/11 hijackers in the US (see Early August 2001 and September 24, 2001). [Time, 1/26/2003; Daily Telegraph, 5/9/2004; Tribune, 4/2/2006]

Entity Tags: Al Rashid Trust, Daniel Pearl, Khalid Shaikh Mohammed, Saud Memon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Flynt Leverett.Flynt Leverett. [Source: Publicity photo]In the wake of the 9/11 attacks, Iran is supportive of US efforts to defeat the Taliban, since the Taliban and Iran have opposed each other. In 2006, Flynt Leverett, the senior director for Middle East affairs on the National Security Council in 2002 and 2003, will recall this cooperation between Iran and the US in a heavily censored New York Times editorial. Gulbuddin Hekmatyar, a notorious Afghan warlord with close ties to bin Laden (see 1984), had been living in Iran since the Taliban came to power in the 1990s. Leverett claims that in December 2001 Iran agrees to prevent Hekmatyar from returning to Afghanistan to help lead resistance to US-allied forces there, as long as the Bush administration does not criticize Iran for harboring terrorists. “But, in his January 2002 State of the Union address, President Bush did just that in labeling Iran part of the ‘axis of evil’ (see January 29, 2002). Unsurprisingly, Mr. Hekmatyar managed to leave Iran in short order after the speech.” [New York Times, 12/22/2006] Hekmatyar apparently returns to Afghanistan around February 2002. He will go on to become one of the main leaders of the armed resistance to the US-supported Afghan government. Iranian cooperation with the US over Afghanistan will continue in a more limited manner, with Iran deporting hundreds of suspected al-Qaeda and Taliban operatives who had fled Afghanistan, while apparently keeping others. But the US will end this cooperation in 2003. [BBC, 2/14/2002; USA Today, 5/21/2003; New York Times, 12/22/2006]

Entity Tags: Iran, Gulbuddin Hekmatyar, Bush administration (43), Flynt Leverett

Timeline Tags: US confrontation with Iran, Complete 911 Timeline, War in Afghanistan

In a memo concurrent with the presidential declaration that the Geneva Convention does not apply to Taliban or al-Qaeda fighters (see February 7, 2002), Jay Bybee, the head of the Justice Department’s Office of Legal Counsel, sends a memo to White House counsel Alberto Gonzales. Bybee concludes that President Bush has the legal authority to conclude that Taliban fighters have no rights to prisoner of war status as defined under the Geneva Conventions, because the Taliban lack an organized command structure, do not wear uniforms, and do not consider themselves bound by Geneva. It also concludes that there is no need for the US to convene Article 5 tribunals under Geneva to determine the status of the Taliban, as Bush’s presidential determination of their status eliminates any doubt under domestic law. [US Department of Justice, 2/7/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: George W. Bush, Alberto R. Gonzales, Geneva Conventions, US Department of Justice, Taliban, Office of Legal Counsel (DOJ), Jay S. Bybee

Timeline Tags: Civil Liberties

Accused al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001) is charged with one count of credit card fraud. He has already been arrested on a material witness warrant pertaining to the investigation of the 9/11 attacks; since January, he has been in detention in New York City, where most of the investigations are centered. [Bradley Scout, 3/29/2002] According to the FBI, phone records link al-Marri with a phone number in the United Arab Emirates that was used by 9/11 hijacker Mohamed Atta and one of his associates, Ramzi bin Al-Shibh. Al-Marri’s lawyer, Richard Jasper, says there is no evidence linking al-Marri to the phone calls by Atta and bin al-Shibh, al-Marri merely attempted three phone calls to the same number. “Attempted—I don’t know what that means, do you?” Jasper says. “It’s the thinnest of inferences, actually. If you read the affidavit carefully there’s no direct or indirect evidence he made the calls. How do we know there wasn’t some kind of mistaken call or some flaw in recovering the numbers?” Al-Marri has family members in the UAE. [Chicago Sun-Times, 3/21/2002]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Ali Saleh Kahlah al-Marri, Ramzi bin al-Shibh, Richard Jasper, Mohamed Atta

Timeline Tags: Torture of US Captives

The Defense Intelligence Agency (DIA) issues “a finished intelligence product” summarizing the February 5, 2002 SISMI report (see February 5, 2002). The report, entitled “Niamey Signed an Agreement to Sell 500 Tons of Uranium a Year to Baghdad,” states as irrefutable fact that Iraq intends to buy weapons-grade uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). It concludes, “Iraq probably is searching abroad for natural uranium to assist in its nuclear weapons program.” It does not comment on the credibility of the sourcing. The report is sent directly to Vice President Dick Cheney. Within hours, Cheney directs the CIA (see February 5, 2002) to investigate the claims. According to the Senate Intelligence Committee’s 2004 report on Iraqi WMD (see July 9, 2004), CIA and DIA analysts find the subsequent reports more informative and believable than the first, more sketchy reports (see February 5, 2002). The CIA’s Directorate of Operations tells one agency analyst that the report comes from a “very credible source.” Analysts with the State Department’s Bureau of Intelligence and Research (INR) continue to find the reports unconvincing. [US Congress, 7/7/2004; Unger, 2007, pp. 239] Former CIA analyst Ray McGovern will later describe Cheney’s receipt of this document as “odd.” “[I]n more than two years of briefing then-Vice President George H. W. Bush every other morning, not once did he ask a question about a DIA report or even indicate that he had read one,” McGovern will note. “That this particular report was given to Cheney almost certainly reflects the widespread practice of ‘cherry picking’ intelligence.” [AfterDowningStreet (.org), 7/25/2005]

Entity Tags: Defense Intelligence Agency, Ray McGovern, Richard (“Dick”) Cheney

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

Vice President Dick Cheney asks his morning intelligence briefer, CIA briefer David Terry, about the Defense Intelligence Agency’s recent analysis (see February 12, 2002) of SISMI’s February 5 report (see February 5, 2002) suggesting that Iraq attempted to purchase uranium from Niger. [Time, 7/21/2003; New Yorker, 10/27/2003; US Congress, 7/7/2004] Cheney is reportedly dissatisfied with his briefer’s initial response, and asks the agency to take another look (see Shortly after February 12, 2002). [CIA Task Sheet, 2/13/2002; New Yorker, 10/27/2003] Cheney’s questions quickly reach the desk of senior CIA case officer Valerie Plame Wilson, who accepts the suggestion of another CIA officer to send her husband, Joseph Wilson, to Niger to investigate the claims (see February 13, 2002). [Wilson, 2007, pp. 108-110]

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Central Intelligence Agency, Richard (“Dick”) Cheney, David Terry, Counterproliferation Division

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

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

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

In February 2002, the Belgian government secretly indicts Victor Bout, the world’s biggest illegal arms dealer, on charges of money laundering and illegal weapons trafficking. For the first time, he can be legally arrested and Interpol issues a secret arrest warrant for him anywhere in the world. Later that month, solid intelligence indicates Bout is going to be on a flight from Moldova to Greece. An encrypted message is sent by British intelligence field agents once the plane takes off, alerting their superiors in London that they are preparing to arrest Bout in Athens. But shortly after the message is sent, Bout’s plane veers away from its flight plan and disappears off radar screens into mountainous terrain. It reappears on radar about ninety minutes later and lands in Athens. British special forces raid the plane, but find it empty except for the pilot and a few passengers. One European intelligence official familiar with the operation will later say, “There were only two intelligence services that could have decrypted the British transmission in so short a time. The Russians and the Americans. And we know for sure it was not the Russians.” [Farah and Braun, 2007, pp. 202-203] It has been alleged that the US began secretly working with Bout shortly after 9/11, despite his previous connections to the Taliban (see Shortly After September 11, 2001).

Entity Tags: Victor Bout

Timeline Tags: Complete 911 Timeline

A sign on top of the Al Haramains Islamic Foundation’s four-story office building in Dhaka, Bangladesh, in June 2004.A sign on top of the Al Haramains Islamic Foundation’s four-story office building in Dhaka, Bangladesh, in June 2004. [Source: Rafiqur Rahman / Reuters / Corbis]The Al Haramain Islamic Foundation was founded in 1988 as a branch of the Muslim World League charity, and just like the Muslim World League it is closely linked to the Saudi government. It develops branches in about 50 countries, including a US branch based in Oregon. It has an annual budget of $40 million to $60 million, paid by the Saudi government, and about 3,000 employees. It gives considerable aid to religious causes such as building mosques. But by the early 1990s evidence began to grow that it was funding Islamist militants in Somalia and Bosnia, and a 1996 CIA report detailed its Bosnian militant ties (see January 1996). In 1998, several links were discovered between the charity and the African embassy bombings that year (see Autumn 1997 and 10:35-10:39 a.m., August 7, 1998).
bullet In March 2002, the US and Saudi governments jointly announce the closing of Al Haramain’s branches in Somalia and Bosnia, but Al Haramain defiantly keeps its Bosnian branch open and it is shut down again after police raids in December 2003. [Washington Post, 8/19/2004; Burr and Collins, 2006, pp. 38-41] In December 2002, it is reported that the Somali branch is still open as well. [Christian Science Monitor, 12/18/2002]
bullet In late 2002, Al Haramain is linked to the October 2002 Bali bombing and al-Qaeda operations in Southeast Asia in general (see September-October 2002).
bullet In May 2003, Al Haramain announces the closing of its branches in Albania, Croatia, and Ethiopia, soon followed by branches in Kenya, Tanzania, Pakistan, and Indonesia. But this is because of pressure due to suspected militant links, and at least the Indonesian branch secretly changes locations and stays open. [Burr and Collins, 2006, pp. 38-41]
bullet In late 2003, Al Haramain Director-General Aqeel al-Aqeel indiscreetly mentions that Saudi Crown Prince Abdullah recently donated money to his charity. Al-Aqeel, Deputy General Mansour al-Kadi, and two other senior officials are fired from the charity by the Saudi minister of religious affairs in January 2004. Interestingly, the Saudi minister is also the chairman of Al-Haramain’s board. In 1997, US intelligence found al-Kadi’s business card in the possession of Wadih el-Hage, Osama bin Laden’s former personal secretary (see Shortly After August 21, 1997). [Netherlands Interior Ministry, 1/6/2005 pdf file; Burr and Collins, 2006, pp. 38-41]
bullet In February 2004, the US Treasury Department freezes the organization’s US financial assets pending an investigation.
bullet In June 2004, The charity is disbanded by the Saudi Arabian government and folded into an “umbrella” private Saudi charitable organization, the Saudi National Commission for Relief and Charity Work Abroad.
bullet In September 2004, the US designates Al-Haramain a terrorist organization, citing ties to al-Qaeda. [US Treasury Department, 9/9/2004; Washington Post, 3/2/2006] The United Nations also bans the organization, saying it has ties to the Taliban. [United Nations, 7/27/2007]

Entity Tags: United Nations, US Department of the Treasury, Saudi National Commission for Relief and Charity Work Abroad, Muslim World League, Al-Qaeda, Aqeel al-Aqeel, Abdullah bin Abdulaziz al-Saud, Al Haramain Islamic Foundation, Al Haramain Islamic Foundation (Oregon branch), Taliban, Mansour al-Kadi

Timeline Tags: Complete 911 Timeline

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

The Washington Post reveals that the US government has secretly transported “dozens of people” suspected of links to terrorists to foreign countries with poor human rights records “where they can be subjected to interrogation tactics—including torture and threats to families—that are illegal in the United States.” The program is known as “rendition” (see 1993) (see After September 11, 2001). [Washington Post, 3/11/2002]

Entity Tags: Washington Post, Bush administration (43)

Timeline Tags: Torture of US Captives

Jay Bybee, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo to William Howard Taft IV, the chief counsel of the State Department, titled “The President’s Power as Commander in Chief to Transfer Captive Terrorists to the Control and Custody of Foreign Nations.” The memo, actually written by Bybee’s deputy John Yoo, says Congress has no authority to block the president’s power to unilaterally transfer detainees in US custody to other countries. In essence, the memo grants President Bush the power to “rendition” terror suspects to countries without regard to the law or to Congressional legislation, as long as there is no explicit agreement between the US and the other nations to torture the detainees. [US Department of Justice, 3/12/2002 pdf file; Savage, 2007, pp. 148; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009] The memo directly contradicts the 1988 Convention Against Torture (see October 21, 1994), which specifically forbids the transfer of prisoners in the custody of a signatory country to a nation which practices torture. Once the treaty was ratified by Congress in 1994, it became binding law. But Yoo and Bybee argue that the president has the authority as commander in chief to ignore treaties and laws that supposedly interfere with his power to conduct wartime activities. [Savage, 2007, pp. 148-149] In 2009, when the memos are made public (see March 2, 2009), Jennifer Daskal of Human Rights Watch says she is shocked at the memo: “That is [the Office of Legal Counsel] telling people how to get away with sending someone to a nation to be tortured. The idea that the legal counsel’s office would be essentially telling the president how to violate the law is completely contrary to the purpose and the role of what a legal adviser is supposed to do.” [Washington Post, 3/3/2009]

Entity Tags: John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

The CIA comes up with a list of 10 “Enhanced Interrogation Techniques” that it will allow to be used on captured high-ranking al-Qaeda detainees. In 2005, ABC News will reveal six of the techniques on the list and describe them as follows:
bullet The Attention Grab: The interrogator forcefully grabs the shirt front of the prisoner and shakes him.
bullet The Attention Slap: An open-handed slap aimed at causing pain and triggering fear.
bullet The Belly Slap: A hard open-handed slap to the stomach. The aim is to cause pain, but not internal injury. Doctors consulted advised against using a punch, which could cause lasting internal damage.
bullet Long Time Standing: This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions.
bullet The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water.
bullet Waterboarding: The prisoner is bound to an inclined board, feet raised, and head slightly below the feet. Cellophane is wrapped over the prisoner’s face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt. [ABC News, 11/18/2005]
The New York Times will later reveal that there are actually four more techniques on the list, but will not detail what they are. [New York Times, 11/9/2005]
Waterboarding Most Controversial Technique - Waterboarding will be the most controversial technique used. In centuries past, it was considered by some to be the most extreme form of torture, more so than thumbscrews or use of the rack. [Harper's, 12/15/2007] “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law,” says John Sifton of Human Rights Watch. CIA officials who allowed themselves to be waterboarded lasted, on average, 14 seconds before caving in. In addition, such confessions are dubious at best. “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear,” says one of the CIA sources. [ABC News, 11/18/2005]
List Compiled with Help from Egypt, Saudi Arabia - The list is secretly drawn up by a team including senior CIA officials, and officials from the Justice Department and the National Security Council. The CIA got help in making the list from governments like Egypt and Saudi Arabia that are notorious for their widespread use of torture (see Late 2001-Mid-March 2002). [New York Times, 11/9/2005] Apparently, “only a handful” of CIA interrogators are trained and authorized to use these techniques. Later this month, al-Qaeda leader Abu Zubaida will be captured and the CIA will begin using all of these techniques on him (see March 28, 2002). However, the White House will not give the CIA clear legal authority to do so until months after the CIA starts using these techniques on Zubaida (see March 28-August 1, 2002).
Techniques 'Cruel, Inhuman, and Degrading' under Treaty - In 2004, CIA Inspector General John Helgerson will determine in a classified report that these techniques appear to constitute cruel, inhuman, and degrading treatment under the Convention Against Torture, an international treaty signed by the US (see October 21, 1994 and May 7, 2004). Former CIA officer Robert Baer calls the use of such techniques “bad interrogation,” and notes, “[Y]ou can get anyone to confess to anything if the torture’s bad enough.” [ABC News, 11/18/2005]

Entity Tags: John Sifton, John Helgerson, Abu Zubaida, ABC News, Central Intelligence Agency, Robert Baer

Timeline Tags: Torture of US Captives, Civil Liberties

March 20, 2002: SAAR Network Is Raided

US Customs Agents carry out boxes of evidence from SAAR network businesses on March 20, 2002.US Customs Agents carry out boxes of evidence from SAAR network businesses on March 20, 2002. [Source: Mike Theiler/ Getty Images]Scores of federal agents raid 14 entities in a cluster of more than 100 homes, charities, think tanks, and businesses in Herndon, Virginia, a town just outside of Washington with a large Muslim population. No arrests are made and no organizations are shut down, but over 500 boxes of files and computer files are confiscated, filling seven trucks. This group of interlocking entities is widely known as the SAAR network (it is also sometimes called the Safa Group). SAAR stands for Sulaiman Abdul Aziz al-Rajhi, a Saudi banker and billionaire who largely funded the group beginning in the early 1980s (see July 29, 1983). He is said to be close to the Saudi ruling family and is on the Golden Chain, a list of early al-Qaeda supporters (see 1988-1989). [New York Times, 3/21/2002; Farah, 2004, pp. 152; Wall Street Journal, 6/21/2004] The name and address of Salah al-Rajhi, Suleiman’s brother, was discovered in 1998 in the telephone book of Wadih El-Hage (see September 15, 1998). El-Hage was bin Laden’s personal secretary and was convicted of a role in the 1998 US embassy bombings. [New York Times, 3/25/2002] The raids are said to be primarily led by David Kane, a Customs agent working with a Customs investigation started just after 9/11 code-named Operation Greenquest. Many of the organizations are located at an office building at 555 Grove Street in Herndon. Kane writes in an affidavit for the raid that many organizations based there are “paper organizations” which “dissolve and are replaced by other organizations under the control of the same group of individuals.” [New York Times, 3/21/2002; Wall Street Journal, 6/21/2004] Investigators appear to be primarily interested in the connections between the SAAR network and the Al Taqwa Bank, a Swiss bank closed after 9/11 on suspicions of funding al-Qaeda and other terrorist groups (see November 7, 2001). They are also interested in connections between both SAAR and Al Taqwa and the Muslim Brotherhood (see December 1982). According to author Douglas Farah, “US officials [later say] they had tracked about $20 million from [SAAR] entities flowing through Nada’s Bank al Taqwa, but said the total could be much higher. The ties between Nada and [SAAR] leaders were many and long-standing, as were their ties to other [Muslim] Brotherhood leaders.… For a time, Suleiman Abdel Aziz al-Rajhi, the SAAR Foundation founder, worked for Nada” at Al Taqwa’s Liechtenstein branch. [New York Times, 3/25/2002; Farah, 2004, pp. 154-155] Organizations and individuals targeted by the raid include:
bullet Yaqub Mirza. He is the director of virtually all of the organizations targeted in the raid. The Wall Street Journal claims, “US officials privately say Mr. Mirza and his associates also have connections to al-Qaeda and to other entities officially listed by the US as sponsors of terrorism.” [Wall Street Journal, 4/18/2002; Wall Street Journal, 12/6/2002]
bullet The SAAR Foundation or the Safa Trust, an umbrella group for the SAAR network. The SAAR Foundation had recently disbanded and reformed as the Safa Trust. [New York Times, 3/21/2002; Wall Street Journal, 3/22/2002; Washington Post, 10/7/2002]
bullet Hisham Al-Talib, who served as an officer of the SAAR Foundation and Safa Trust, had previously been an officer of firms run by Youssef Nada. Nada is one of the main owners of the Al Taqwa Bank. [Wall Street Journal, 3/22/2002]
bullet Mar-Jac Poultry Inc., an Islamic chicken processor with operations in rural Georgia. [Wall Street Journal, 6/21/2004]
bullet Jamal Barzinji. An officer of Mar-Jac and other organizations targeted in the raid, he had previously been involved with Nada’s companies. [Wall Street Journal, 3/22/2002]
bullet The International Islamic Relief Organization (IIRO). [New York Times, 3/21/2002]
bullet The Muslim World League. It is considered to be a parent organization for the IIRO. [New York Times, 3/21/2002]
bullet International Institute for Islamic Thought (IIRT). The IIRT had been under investigation since at least 1998. [New York Times, 3/21/2002]
bullet Tarik Hamdi, an employee at IIRT. His home is also raided. He carried a battery for a satellite phone to Afghanistan in early 1998, and the battery was used for Osama bin Laden’s phone (see May 28, 1998). [New York Times, 3/21/2002]
bullet Abdurahman Alamoudi, a top Muslim lobbyist who formerly worked for one of the SAAR organizations. His nearby home is raided. The search yields a memo on large transactions involving Hamas, operations against the Israelis, and the notation “Met Mousa Abu Marzouk in Jordan.” Marzouk is a Hamas leader believed to be involved in fundraising for Hamas in the US for many years (see July 5, 1995-May 1997). Alamoudi is alleged to be a leader of the Muslim Brotherhood. [Wall Street Journal, 6/21/2004]
bullet Samir Salah, an Egyptian-born president of the Piedmont Trading Corporation, which is part of the SAAR network. He is also a former director and treasurer of the Al Taqwa Bank’s important Bahamas branch. Additionally, he was a founder of a Bosnian charity reportedly connected to a plot to blow up the US embassy in Bosnia. [New York Times, 3/25/2002]
bullet Ibrahim Hassabella. He is a shareholder of the SAAR Foundation and also a former secretary of the Al Taqwa Bank. [New York Times, 3/25/2002] Investigators will later find that much of SAAR’s money seemed to disappear into offshore bank accounts. For instance, in 1998, SAAR claimed to have moved $9 million to a charity based in the tax haven of the Isle of Man, but investigators will find no evidence the charity existed. One US official involved in the probe will say of SAAR, “Looking at their finances is like looking into a black hole.” [Washington Post, 10/7/2002] In 2003, it will be reported that US investigators are looking into reports that the director of the SAAR foundation for most of the 1990s stayed in the same hotel as three of the 9/11 hijackers the night before the 9/11 attacks (see September 10, 2001). Some US investigators had looked into the SAAR network in the mid-1990s, but the FBI blocked the investigation’s progress (see 1995-1998).

Secretary of Defense Donald Rumsfeld signs Military Commission Order No. 1 prescribing the procedures of the military commission trials (see November 10, 2001). The order says a two-third majority is required to determine a sentence and unanimity for applying the death penalty. It fails to provide for the possibility of appeals. It also says evidence submitted before a commission “shall” be declared admissible if the presiding officer or a majority of the commission members consider that it “would have probative value to a reasonable person.” [US Department of Defense, 3/21/2002 pdf file]
Fundamental Violations of Defendant Rights - Thus, if the presiding member or a majority considers a statement made under any form of coercion, including torture, to have some “probative value,” it “shall” be admitted. Professor Neal Katyal of Georgetown University later says this is a break with standard proceedings in civil courts and courts-martial and calls it “clearly at odds with American military justice.” [Los Angeles Times, 8/18/2004] Under the rules, the “Accused” is assigned a military officer to conduct his defense, but may select another officer. He may also retain a civilian attorney; however, he may only choose a lawyer who is vetted by the military. Unlike a military attorney, the civilian lawyer can be excluded from the trial if the presiding member of the commission decides to hold closed proceedings. This prompts Amnesty International to observe that the commissions “will restrict the right of defendants to choose their own counsel and to an effective defense.” [Amnesty International, 10/27/2004] Under the rules of the military commissions the military is allowed to monitor private conversations between defense lawyers and their clients. This violates, as Human Rights Watch remarks, “the fundamental notion of attorney-client confidentiality.” [Human Rights Watch, 1/9/2004]
Extraordinary Procedures for a 'Special Breed of Person' - In a discussion of the new rules, Deputy Secretary of Defense Paul Wolfowitz, in an appearance on the PBS NewsHour with Jim Lehrer, explains that the detainees being held in Guantanamo are “dangerous people, whether or not they go before a military commission.” He adds, “We’re dealing with a special breed of person here” and thusly new and far more draconian rules must be applied. [PBS, 3/21/2002]
Battle with JAG Lawyers - Rumsfeld worked with lawyers from the Pentagon’s Judge Advocate General (JAG) office to create the procedures for the commissions. The JAG lawyers viewed the commissions as well outside the established rule of law, both in due process as mandated by the Constitution and in the protections mandated by the Geneva Conventions. But Rumsfeld and his group of political appointees considered the JAGs too closed-minded, and insisted on procedures that horrified the military lawyers—low standards for convictions, denial of civilian attorneys, imposition of the death penalty without unanimous consent of the panel of officers judging the case, and other proposed procedures. The JAGs argued that some of the proposals floated by Rumsfeld and his staff would violate their own ethical standards and put them at risk for later prosecution for war crimes if adopted. One top JAG official threatened to resign if the procedures were not brought more in line with established military law. The final version is a compromise between the two camps. Major General Thomas Romig, the head of JAG, later says that the final version still is not what the JAGs would have created on their own. As reporter and author Charlie Savage will later write, based on Romig’s comments: “While less draconian than the political appointees’ initial plans, the military commissions were still legally objectionable in several respects. The commission rules, for example, allowed secret evidence that would be kept hidden from a defendant and allowed the admission of evidence obtained through coercive interrogations [torture]. Moreover, the special trials still had no explicit congressional authorization.” [Savage, 2007, pp. 138-139]

Entity Tags: Thomas J. Romig, US Department of Defense, Neal Katyal, Donald Rumsfeld, Human Rights Watch, Judge Advocate General Corps, Charlie Savage, Geneva Conventions, Paul Wolfowitz

Timeline Tags: Torture of US Captives, Civil Liberties

Two weeks after the CIA informed the White House and other departments that evidence of an Iraqi attempt to purchase Nigerien uranium is scanty (see March 8, 2002), Vice President Dick Cheney appears on CNN to assert the opposite: that Iraq is actively pursuing nuclear weapons. Cheney says that Iraq “has chemical weapons… has biological weapons… [and is] pursuing nuclear weapons.” [CNN, 3/24/2002]

Entity Tags: Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

When al-Qaeda logistics manager Abu Zubaida is arrested in late March 2002 (see March 28, 2002), his computer is searched. According to the Washington Post: “When agents found Zubaida’s laptop computer, a senior law enforcement source said, they discovered that the vast majority of people he had been communicating with were being monitored under FISA warrants or international spying efforts. ‘Finally, we got some comfort’ that surveillance efforts were working, said a government official familiar with Zubaida’s arrest.” The fact some of his contacts are monitored under FISA warrants indicates that they are in the US, as FISA warrants are only used for US targets (see 1978). The monitoring of Abu Zubaida’s communications began in the mid-1990s, at the latest (see (Mid-1996) and October 1998 and After), and continued after 9/11 (see October 8, 2001). [Washington Post, 2/9/2006] Some will later suggest that Zubaida may have had mental problems (see Shortly After March 28, 2002), but this apparently did not stop him from being a key al-Qaeda contact point. FBI agent Dan Coleman, an expert on al-Qaeda, will later say that the FBI “all knew he was crazy, and they knew he was always on the damn phone.” [Washington Post, 12/18/2007] Vincent Cannistraro, former head of the CIA’s Counter Terrorism Center, says of Zubaida shortly after Zubaida’s capture, “He was the guy that had the direct contact with prominent al-Qaeda cell leaders abroad, and he knew where they all were. He would have been the guy co-ordinating new attacks.” [Observer, 4/7/2002]

Entity Tags: Dan Coleman, Vincent Cannistraro, Abu Zubaida

Timeline Tags: Complete 911 Timeline

The house in Faisalabad, Pakistan, where Abu Zubaida is arrested.The house in Faisalabad, Pakistan, where Abu Zubaida is arrested. [Source: New York Times]Al-Qaeda leader Abu Zubaida is captured in Faisalabad, Pakistan. He is the first al-Qaeda leader considered highly important to be captured or killed after 9/11.
Zubaida Injured during Raid - A joint team from the FBI, the CIA, and the ISI, Pakistan’s intelligence agency, raids the house where Zubaida is staying. Around 3 a.m., the team breaks into the house. Zubaida and three others wake up and rush to the rooftop. Zubaida and the others jump to a neighbor’s roof where they are grabbed by local police who are providing back-up for the capture operation. One of Zubaida’s associates manages to grab a gun from one of the police and starts firing it. A shoot-out ensues. The associate is killed, several police are wounded, and Zubaida is shot three times, in the leg, stomach, and groin. He survives. About a dozen other suspected al-Qaeda operatives are captured in the house, and more are captured in other raids that take place nearby at the same time. [New York Times, 4/14/2002; Suskind, 2006, pp. 84-89] US intelligence had slowly been closing in on Zubaida’s location for weeks, but accounts differ as to exactly how he was found (see February-March 28, 2002). He had surgically altered his appearance and was using an alias, so it takes a few days to completely confirm his identity. [New York Times, 9/10/2006]
Link to Pakistani Militant Group - A later US State Department report will mention that the building Zubaida is captured in is actually a Lashkar-e-Toiba safehouse. Lashkar-e-Toiba is a Pakistani militant group with many links to al-Qaeda, and it appears to have played a key role in helping al-Qaeda operatives escape US forces in Afghanistan and find refuge in Pakistan (see Late 2001-Early 2002). [US Department of State, 4/30/2008]
Rendition - Not long after his arrest, Zubaida is interrogated by a CIA agent while he is recovering in a local hospital (see Shortly After March 28, 2002). He then is rendered to a secret CIA prison, where he is interrogated and tortured (see Mid-May 2002 and After). Throughout his detention, members of the National Security Council and other senior Bush administration officials are briefed about Zubaida’s captivity and treatment. [Senate Intelligence Committee, 4/22/2009 pdf file]
Is Zubaida a High-Ranking Al-Qaeda Leader? - Shortly after the arrest, the New York Times reports that “Zubaida is believed by American intelligence to be the operations director for al-Qaeda and the highest-ranking figure of that group to be captured since the Sept. 11 attacks.” [New York Times, 4/14/2002] But it will later come out that while Zubaida was an important radical Islamist, his importance was probably overstated (see Shortly After March 28, 2002).
Tortured While in US Custody - Once Zubaida has sufficiently recovered from his injuries, he is taken to a secret CIA prison in Thailand for more interrogation. [Observer, 6/13/2004; New York Review of Books, 3/15/2009] One unnamed CIA official will later say: “He received the finest medical attention on the planet. We got him in very good health, so we could start to torture him.” [Suskind, 2006, pp. 94-96, 100] Defense Secretary Donald Rumsfeld publicly vows that Zubaida will not be tortured, but it will later come out that he was (see Mid-May 2002 and After and April - June 2002). [New York Times, 4/14/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, National Security Council, Donald Rumsfeld, Lashkar-e-Toiba, Central Intelligence Agency, Federal Bureau of Investigation, Al-Qaeda, Bush administration (43), Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In the wake of al-Qaeda leader Abu Zubaida’s arrest (see March 28, 2002), the FBI discovers much useful information (see Shortly After March 28, 2002). FBI agent Dan Coleman leads a team to sort through Zubaida’s computer files and documents. However, at the same time, some US officials come to believe that Zubaida’s prominence in al-Qaeda’s hierarchy has been overestimated. Many FBI officials conclude that he was used as little more than a travel agent for training camp attendees because he was mentally ill. [Suskind, 2006, pp. 94-96, 100]
FBI Agent Coleman: Zubaida Is Mentally Crippled - FBI counterterrorist operative Dan Coleman will go through Zubaida’s journals and other materials seized from his Faisalabad safe house. Coleman will say: “Abu Zubaydah was like a receptionist, like the guy at the front desk [of a hotel]. He takes their papers, he sends them out. It’s an important position, but he’s not recruiting or planning.” Because Zubaida is not conversant with al-Qaeda security methods, “[t]hat was why his name had been cropping up for years.” Of Zubaida’s diaries, Coleman will say: “There’s nothing in there that refers to anything outside his head, not even when he saw something on the news, not about any al-Qaeda attack, not even 9/11. All it does is reveal someone in torment. [Zubaida is physically and mentally crippled from wounds suffered fighting in Afghanistan in the early 1990s.] Based on what I saw of his personality, he could not be what they say he was.” [Vanity Fair, 12/16/2008] Coleman will add: “He knew very little about real operations, or strategy. He was expendable.” Zubaida’s diary evidences his apparent schizophrenia; he wrote it in three different personas, or voices, each with a different and distinctive personality. [Suskind, 2006, pp. 94-96, 100]
Islamist Al-Deen: Importance Overstated? - Noor al-Deen, a Syrian teenager, was captured along with Zubaida. The terrified al-Deen will readily answer questions from his captors, and will describe Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. Al-Deen will be sent to a detention facility in Morocco and later to Syria; his subsequent whereabouts and status will remain unknown to the public. [Washington Post, 3/29/2009]
Informant Says Zubaida Behaved Oddly - Other accounts back up this assessment. For instance, Omar Nasiri, a former informant for European intelligence agencies who met Zubaida in the 1990s, will later describe Zubaida’s odd behavior, saying he “shuffled around his home in near-total darkness, carrying a gas lantern from room to room. He barely spoke and would often communicate by pointing.” [New Yorker, 1/22/2007]
CIA Officer Scheuer: Zubaida Served as Key Hub - Michael Scheuer, who previously ran the CIA’s bin Laden unit (see February 1996), will later say of Zubaida’s importance: “I’d followed him for a decade. If there was one guy you could call a ‘hub,’ he was it.” Scheuer will describe Zubaida not as an actual al-Qaeda member, but “the main cog in the way they organized,” a point of contact for Islamists from many parts of the globe seeking combat training in the Afghan camps. Scheuer will say that Zubaida, a Palestinian, “never swore bayat [al-Qaeda’s oath of allegiance] to bin Laden,” and he was bent on causing damage to Israel, not the US. [Vanity Fair, 12/16/2008]
Involvement in Pre-9/11 Plots - However, Zubaida does appear to have been involved in numerous plots before 9/11 (see for instance November 30, 1999 and Early September 2001). Al-Qaeda operative Ahmed Ressam cooperated with US investigators after being arrested. He worked with Zubaida and suggested Zubaida was of some importance, but not one of al-Qaeda’s highest leaders. According to Ressam, Zubaida “is the person in charge of the [training] camps. He receives young men from all countries. He accepts you or rejects you. He takes care of the expenses of the camps. He makes arrangements for you when you travel coming in or leaving.” [Gunaratna, 2003, pp. 133] Furthermore, when Zubaida was caught, apparently he and several others staying with him were in the middle of building a bomb. According to one of the CIA officers who helped capture him, the soldering iron used in making the bomb was still hot when he was captured (see Shortly After March 28, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file]
CIA Chief Tenet Rejects Diagnosis of Schizophrenia - In a 2007 book, former CIA Director George Tenet will claim that the reports that Zubaida was mentally unstable were “[b]aloney.… Apparently, the source of the rumor that Abu Zubaida was unbalanced was his personal diary, in which he adopted various personas. From that shaky perch, some junior Freudians leapt to the conclusion that Zubaida had multiple personalities. In fact, agency psychiatrists eventually determined that in his diary he was using a sophisticated literary device to express himself.” [Tenet, 2007, pp. 243]
Zubaida Touted as High-Level Terror Chief - Regardless, despite being briefed otherwise, President Bush and others in his administration will repeatedly tout the importance of capturing Zubaida and no hint of any doubts about his importance or sanity will be publicly expressed (see April 9, 2002 and After). [Suskind, 2006, pp. 94-96, 100]

Entity Tags: Ron Suskind, George J. Tenet, Dan Coleman, Bush administration (43), George W. Bush, Abu Zubaida, Ahmed Ressam, Omar Nasiri, Noor al-Deen

Timeline Tags: Complete 911 Timeline

In a 2006 book, New York Times reporter James Risen will claim that shortly after al-Qaeda leader Abu Zubaida is captured in March 2002, “According to a well-placed source with a proven track record of providing extremely reliable information to the author, [CIA Director] George Tenet soon learned that [President] George Bush was taking a very personal interest in the Zubaida case.” Just days after Zubaida’s arrest, Tenet goes to the White House to give his usual daily Presidential Daily Briefing (PDB). Bush asks Tenet about what the CIA is learning from Zubaida’s interrogation. Tenet replies that nothing has been learned yet because Zubaida is heavily wounded and is too groggy from painkillers to talk coherently. Bush then allegedly asks Tenet, “Who authorized putting him on pain medication?” Risen will comment, “It is possible that this was just one more piece of jocular banter between the two plain-speaking men, according to the source who recounted this incident. Bush’s phrasing was ambiguous. But it is also possible that the comment meant something more. Was [Bush] implicitly encouraging [Tenet] to order the harsh treatment of a prisoner?” Risen notes that some of Tenet’s associates claim they have never heard of the incident and doubt that it is true. [Risen, 2006, pp. 22-23] Later, it appears Bush will be deliberately kept out of the loop regarding the treatment of Zubaida and other detainees in order to avoid culpability for the harsh interrogation methods used (see April 2002 and After).

Entity Tags: James Risen, Abu Zubaida, George W. Bush, George J. Tenet

Timeline Tags: Torture of US Captives, Complete 911 Timeline

FBI agents are able to get prisoner Abu Zubaida to confess that Khalid Shaikh Mohammed (KSM) is the mastermind of the 9/11 attacks. Zubaida, captured in Pakistan in March 2002 (see March 28, 2002), is considered a high-ranking prisoner, although there is controversy over just how important he was to al-Qaeda (see Shortly After March 28, 2002). FBI agents Ali Soufan and Steve Gaudin have been interrogating Zubaida using traditional non-coercive interrogation methods, while he is being held in a secret CIA prison in Thailand (see Late March through Early June, 2002). A CIA interrogation team is expected but has not yet arrived. Soufan shows Zubaida a sheaf of pictures of high priority suspects; Zubaida points at KSM’s photo and says, “That’s Mukhtar… the one behind 9/11.” Shortly before 9/11, US intelligence had learned that the alias “Mukhtar” was frequently used by KSM (see August 28, 2001), but this is important confirmation. The more stunning revelation is that KSM is “the one behind 9/11.” [Mayer, 2008, pp. 155; New York Times, 4/22/2009; Newsweek, 4/25/2009] Zubaida proceeds to lay out more details of the 9/11 plot, although exactly what and how much he says is unknown. [Vanity Fair, 7/17/2007] It is unclear how much US intelligence knew about KSM’s role in the 9/11 attacks prior to this, although at least some was known (see (December 2001)).

Entity Tags: Khalid Shaikh Mohammed, Abu Zubaida, Ali Soufan, Federal Bureau of Investigation, Steve Gaudin, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Justice Department lawyer Patrick Philbin sends a classified memo to Daniel Bryant, a lawyer with the Justice Department’s Office of Legal Counsel, concerning the “Swift Justice Authorization Act.” The memo states that Congress has no power to interfere with President Bush’s authority to act as commander in chief to control US actions during wartime, including Bush’s authority to promulgate military commissions to try and sentence suspected terrorists and other detainees taken by the US as part of its “war on terror.” Philbin’s colleague, OLC lawyer John Yoo, will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice, 4/8/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo will be made public in early 2009 (see March 2, 2009).

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

Timeline Tags: Civil Liberties

The capture of al-Qaeda leader Abu Zubaida (see March 28, 2002) is leaked to the press shortly after it occurs and on April 9, 2002, President Bush says in a speech: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives planning death and destruction on the United States. He’s not plotting and planning anymore.” In the weeks and months that follow, Bush and others in his administration will repeatedly tout the importance of capturing Zubaida. He is frequently described as “chief of operations” for all of al-Qaeda and the group’s number three leader. Zubaida is the only significant al-Qaeda capture in the first year after 9/11, so there is pressure to hype his importance. However, at the time there is a raging debate among US intelligence analysts as to Zubaida’s actual importance and even his mental sanity (see Shortly After March 28, 2002). According to journalist Ron Suskind, one day, when CIA Director George Tenet reminds Bush that Zubaida was not such a top leader after all, Bush reportedly says to him: “I said he was important. You’re not going to let me lose face on this, are you?” Tenet replies, “No sir, Mr. President.” Suskind will later comment: “In the wide, diffuse ‘war on terror,’ so much of it occurring in the shadows—with no transparency and only perfunctory oversight—the administration could say anything it wanted to say.… The administration could create whatever reality was convenient.” [Suskind, 2006, pp. 99-100] But in 2006, the Office of the Director of National Intelligence (DNI) will issue a report containing the biographies of al-Qaeda detainees held at Guantanamo. In marked contrast to previous announcements, this biography downgrades the importance of Zubaida. It merely calls him a “leading extremist facilitator” and “one of al-Qaeda’s senior travel facilitators,” and says he is “not believed to be directly linked to the attacks on 11 September 2001.” [Office of the Director of National Intelligence, 9/6/2006 pdf file; Time, 9/6/2006; Dickey, 2009, pp. 77] In 2006, Bush will make new claims about Zubaida’s capture that are at odds with the known facts (see September 6, 2006).

Entity Tags: Ron Suskind, George W. Bush, Bush administration (43), Abu Zubaida, George J. Tenet

Timeline Tags: Complete 911 Timeline

Ahmed Alhaznawi in his martyr video.Ahmed Alhaznawi in his martyr video. [Source: Al Jazeera]A martyr video of 9/11 hijacker Ahmed Alhaznawi is shown by the Al Jazeera television network. Alhaznawi does not mention details of the 9/11 plot, but he pledges to send a “bloodied message” to Americans. He says, “It is time to kill the Americans on their own ground among their families and soldiers… The time of humiliation and subjugation is over. It’s time to kill Americans in their heartland.… Lord I regard myself as a martyr for you to accept me as such.” A picture of the World Trade Center exploding appears behind him during his entire speech. It is believed that he recorded the video around March 2001, the same time most other 9/11 hijackers recorded similar videos (see (December 2000-March 2001)), and the background was added in digitally after 9/11. Al Jazeera says they received the video about a week earlier, along with videos from top al-Qaeda leaders Osama bin Laden and Ayman al-Zawahiri, as part of a documentary prepared by al-Qaeda. The Guardian notes that “The al-Qaeda tapes broadcast by [Al Jazeera since 9/11] have gradually moved towards acknowledging the organization’s role in the September 11 conspiracy,” and “Alhaznawi’s statement comes close to a full admission…” [Guardian, 4/16/2002]

Entity Tags: Ahmed Alhaznawi, Al Jazeera, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Guantanamo now holds about 300 prisoners, indicating that the number of detainees has grown at an average rate of 75 persons per month since January 11 (see January 11, 2002). [American Forces Press Service, 1/14/2003]

Timeline Tags: Torture of US Captives

This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions.This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions. [Source: Bettmann / Corbis]In 2007, it will be reported that the CIA used the controversial interrogation technique of waterboarding on at least three detainees. The Associated Press will claim the detainees are:
bullet Abu Zubaida, who is captured in March 2002 and tortured around May 2002 (see March 28, 2002 and Mid-May 2002 and After).
bullet Abd al-Rahim al-Nashiri, who is captured in November 2002 (see Early October 2002 and (November 2002)).
bullet Khalid Shaikh Mohammed (KSM), who is allegedly captured in early 2003 (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003). [Associated Press, 12/11/2007]
bullet NBC News will report a list of three that includes Hambali, who is captured in August 2003 (see August 12, 2003 and Shortly After August 12, 2003). NBC’s list also mentions KSM and Zubaida, but does not mention al-Nashiri. [MSNBC, 9/13/2007] In a 2007 book, former CIA Director George Tenet will hint that slightly more than three may have been waterboarded, writing, “The most aggressive interrogation techniques conducted by CIA personnel were applied to only a handful of the worst terrorists on the planet, including people who had planned the 9/11 attacks…” [Tenet, 2007, pp. 242] ABC News will claim in September 2007, “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects…” [ABC News, 9/14/2007] Prior to 2002, waterboarding was classified by the US government as a form of torture, and treated as a serious criminal offense. US soldiers were court-martialled for waterboarding captives as recently as the Vietnam War. The technique is said to simulate death by drowning. [New Yorker, 8/6/2007] In the 1600s, King James I of England wrote about the torture his government was using and stated that waterboarding was the most extreme form of torture used, worse than the rack and thumbscrews. [Harper's, 12/15/2007] In 2007, it will be revealed that at least some of the interrogations of Zubaida and al-Nashiri were videotaped, and it is suspected by some that their waterboarding may have been taped (see Spring-Late 2002). These tapes will later be destroyed under controversial circumstances (see November 2005). A government official will later claim that waterboarding is no longer used after 2003. The CIA and US military will prohibit the use of waterboarding in 2006. [Associated Press, 12/11/2007]

Entity Tags: George J. Tenet, Central Intelligence Agency, Abd al-Rahim al-Nashiri, Hambali, Khalid Shaikh Mohammed, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Coming from Pakistan, Jose Padilla steps off the plane at Chicago’s O’Hare International Airport and is arrested by FBI agents. Padilla is carrying $10,526, a cell phone, the names and phone numbers of his al-Qaeda training camp sponsor and recruiter, and e-mail addresses of other al-Qaeda operatives. The FBI takes him to New York and holds him in federal criminal custody on the basis of a material witness warrant in connection to a grand jury investigation into the 9/11 attacks. Padilla is a Muslim convert and also goes by the name of Abdullah Al-Muhajir. [Associated Press, 6/2004; Supreme Court opinion on writ of certiorari to the United States Court of Appeals for the Second Circuit. Donald Rumsfeld v. Jose Padilla, 6/28/2004]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Jose Padilla

Timeline Tags: Torture of US Captives

The New York Post has a banner headline on May 16, 2002.The New York Post has a banner headline on May 16, 2002. [Source: New York Post]The Bush administration is embarrassed when the CBS Evening News reveals that President Bush had been warned about al-Qaeda domestic attacks in August 2001 (see August 6, 2001). [New York Times, 5/15/2002; Washington Post, 5/16/2002] CBS’s David Martin reports: “The president’s daily intelligence brief is delivered to the president each morning, often by the director of central intelligence himself. In the weeks before 9/11 it warned that an attack by Osama bin Laden could involve the hijacking of a US aircraft.” [McClellan, 2008, pp. 113] Bush had repeatedly said that he had “no warning” of any kind. Press secretary Ari Fleischer states unequivocally that while Bush had been warned of possible hijackings, “[t]he president did not—not—receive information about the use of airplanes as missiles by suicide bombers.” [New York Times, 5/15/2002; Washington Post, 5/16/2002] “Until the attack took place, I think it’s fair to say that no one envisioned that as a possibility.” [MSNBC, 9/18/2002] Fleischer claims the August memo was titled “Bin Laden Determined to Strike the US,” but the real title is soon found to end with “Strike in US” [Washington Post, 5/18/2002] The Guardian will state a few days later, “[T]he memo left little doubt that the hijacked airliners were intended for use as missiles and that intended targets were to be inside the US.” It further states that, “now, as the columnist Joe Conason points out in the current edition of the New York Observer, ‘conspiracy’ begins to take over from ‘incompetence’ as a likely explanation for the failure to heed—and then inform the public about—warnings that might have averted the worst disaster in the nation’s history.” [Guardian, 5/19/2002] Current deputy press secretary Scott McClellan will point out in 2008: “The [CBS] report left much open to question. Was it suggesting that the president had received info that should have led him to act? Was it just a possible warning sign, like many others that may have gone unheeded? Or was it something else, possibly a nonspecific bit of intelligence from years earlier?” McClellan will write that the uncertainty “mattered little to Democratic leaders in Congress. They saw an opportunity to attack the president’s strong suit—his leadership in the war on terrorism—and cut into his enormous popularity ahead of the midterm elections that coming November.” [McClellan, 2008, pp. 113]

Entity Tags: Bush administration (43), David Martin, Osama bin Laden, George W. Bush, Scott McClellan, Ari Fleischer, Joe Conason

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

National Security Adviser Condoleezza Rice holds a press conference to respond to the public leak (see May 15, 2002) of the title of President Bush’s August 6, 2001 Presidential Daily Brief item entitled “Bin Laden Determined to Strike in US” (see August 6, 2001).
Presidential Daily Brief - She asserts: “It was an analytic report that talked about [Osama bin Laden]‘s methods of operation, talked about what he had done historically, in 1997, in 1998.… I want to reiterate, it was not a warning. There was no specific time, place, or method mentioned.” [White House, 5/16/2002] In April 2004, Rice will testify under oath before the 9/11 Commission and repeatedly assert that it was “a historical memo… not threat reporting” (see April 8, 2004).
Comment by Philip Shenon - Author Philip Shenon will later comment, “She failed to mention, as would later be clear, that the PDB focused entirely on the possibility that al-Qaeda intended to strike within the United States; it cited relatively recent FBI reports of possible terrorist surveillance of government buildings in New York.” After rereading the transcript of the press conference, Shenon will call it a “remarkable document,” because “To many of the Commission’s staff, it offered proof of how, to Condoleezza Rice, everything is semantics. A threat is not a threat, a warning is not a warning, unless she says it is. The word historical appeared to have an especially broad definition to Rice. To her, a warning that was a few weeks or months old was of relatively little value because it was ‘historical.’”
Aircraft as Weapons - Rice also says, “I don’t think anybody could have predicted that these people would take an airplane and slam it into the World Trade Center, take another one and slam it into the Pentagon—that they would try to use an airplane as a missile.” However, various government agencies were well aware of the concept of planes as missiles, including the FBI (see August 27, 2001), the Defense Department (see April 17-26, 2001), and the White House itself (see June 20, 2001). Shenon will point out that this news conference occurs eight months after the attacks, yet Rice is “suggesting that in all that time, no one had bothered to tell her [of these reports].” [Shenon, 2008, pp. 213, 237-239]

Entity Tags: Philip Shenon, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

White House spokesman Ari Fleischer misstates the title of a key presidential daily brief item from August 2001 about al-Qaeda’s intentions to attack the US (see August 6, 2001). Fleischer says: “The president was aware that bin Laden, of course, as previous administrations have well known, that bin Laden was determined to strike the United States. In fact, the label on the president’s (presidential daily briefing) was ‘Bin Laden Determined to Strike the United States.’” [Fox News, 5/17/2002] Author Philip Shenon will later point out that “Fleischer had left out the title’s all-important preposition—‘in’ the United States.” [Shenon, 2008, pp. 214] The full title is “Bin Laden Determined to Strike in US.” [9/11 Commission, 7/24/2004, pp. 261] The Washington Post soon points out the misstatement: “White House press secretary Ari Fleischer told reporters yesterday […] the headline on the document was, ‘Bin Laden Determined to Strike the United States.’ But sources who have read the memo said the headline ended with the phrase ‘in US.’” [Washington Post, 5/19/2008]

Entity Tags: Philip Shenon, Ari Fleischer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

In September 2002, the Washington Post reports that European, US, and Pakistani investigators believe that al-Qaeda and the Taliban have secretly shipped large quantities of gold from Pakistan to Sudan in recent weeks and months. Disguised boxes of gold are taken by small boat from Karachi, Pakistan, to Dubai, United Arab Emirates, or Iran, and then flown to Khartoum, Sudan. European officials claim that some of the chartered planes used to fly the gold and other commodities are linked to Victor Bout, the world’s largest illegal arms dealer. [Washington Post, 9/3/2002] Bout worked extensively with the Taliban before 9/11 (see October 1996-Late 2001), but reportedly began working with the US after 9/11 (see Shortly After September 11, 2001). So if these various allegations against Bout are true, it means he would be working with the US and the Taliban and al-Qaeda at the same time. European and US intelligence sources say Sudan may have been chosen because Osama bin Laden used to live there and still retains business contacts there. The Taliban kept most of their money in gold when they ruled Afghanistan. Large amounts of gold were also apparently shipped out of Afghanistan shortly before the Taliban were driven from power there in late 2001. [Washington Post, 9/3/2002] The US learned of bin Laden’s extensive financial network in Sudan several years before 9/11, but apparently never shut it down, even after 9/11 (see December 1996-January 1997 and March 16, 2000).

Entity Tags: Victor Bout, Al-Qaeda, Taliban

Timeline Tags: Complete 911 Timeline

The photo of Mohammed on the right has been flipped to better compare it.The photo of Mohammed on the right has been flipped to better compare it. [Source: FBI]Khalid Shaikh Mohammed (KSM) is publicly identified as the “mastermind” behind the 9/11 attacks. He is believed to have arranged the logistics while on the run in Germany, Pakistan, and Afghanistan. In 1996, he had been secretly indicted in the US for his role in Operation Bojinka (see January 6, 1995), and the US began offering a $2 million reward for his capture in 1998 (see January 8, 1998), which increased to $25 million in December 2001. An international warrant for his arrest was issued in November 2000 (see November 17, 2000). [Associated Press, 6/4/2002; New York Times, 6/5/2002] According to the New York Times, “In recent months, American counterintelligence officials have identified a small group of other al-Qaeda lieutenants as the crucial figures behind the Sept. 11 attacks” aside from KSM. They include Mohammed Atef (who is already deceased), Abu Zubaida, and Ayman al-Zawahiri. [New York Times, 6/5/2002] There are conflicting accounts of how much US investigators knew about KSM before 9/11. He is Pakistani, although he was born and raised in Kuwait. [CBS News, 6/5/2002] He is an uncle of Ramzi Yousef, the bomber of the World Trade Center in 1993. [New York Times, 6/5/2002] In April 2002, captured al-Qaeda leader Abu Zubaida confessed that KSM was the 9/11 mastermind (see April 2002). It is not known how much US intelligence knew about KSM’s link to the 9/11 attacks prior that, although at least some was known (see (December 2001)).

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Mohammed Atef, Ramzi Yousef, Ayman al-Zawahiri, Abu Zubaida, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Jose Padilla.
Jose Padilla. [Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. [Guardian, 6/11/2002; PBS, 6/11/2002] But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. [London Times, 6/13/2002] It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” [Village Voice, 6/12/2002; Independent, 6/12/2002; BBC, 6/13/2002; Washington Post, 6/13/2003] Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. [Rolling Stone, 9/21/2006 pdf file] Bush soon privately chastises Ashcroft for overstating claims about Padilla. [Guardian, 8/15/2002] The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. [Village Voice, 6/12/2002] It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” [Guardian, 8/15/2002] Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. [San Francisco Chronicle, 6/11/2002; Washington Post, 6/11/2002] The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” [Washington Post, 6/11/2002] Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).

Entity Tags: Al-Qaeda, Central Intelligence Agency, London Times, Joint Intelligence Committee, Federal Bureau of Investigation, Jose Padilla

Timeline Tags: Complete 911 Timeline

Dennis Pluchinsky, a senior intelligence analyst with the Diplomatic Security Service in the State Department, pens an op-ed for the Washington Post that begins, “I accuse the media in the United States of treason.” Pluchinsky describes himself as a veteran “threat analyst” with 25 years of government experience. He writes that the media has no business reporting on any supposed “intelligence failures” surrounding the 9/11 attacks, calling himself “appalled and confused by many of the post-9/11 articles published at home and abroad, in newspapers, news magazines and academic journals, as well as on the Internet.”
Doing Research for Terrorists - Those articles identify the nation’s weak spots, Pluchinsky argues: “our food supply, electrical grids, chemical plants, trucking industry, ports, borders, airports, special events, and cruise ships.” Terrorists would have no trouble gleaning useful tactical details from some of the articles, he says. Worse, “[n]o terrorist group that I am aware of has the time and manpower to conduct this type of extensive research on a multitude of potential targets. Our news media, and certain think tankers and academicians, have done and continue to do the target vulnerability research for them.” America is at war, Pluchinsky argues, and therefore the media must support the government in that war. He writes that some current media reporting is equivalent to giving actionable information to “Japanese and Nazi saboteurs and fifth columnists” during World War II. There is a wealth of open-source information out there already, Pluchinsky writes; the media should not add to it and thereby make terrorists’ jobs even easier.
Media Reporting on 9/11 Hijackers Aiding Terrorists - Pluchinsky writes that the media’s extensive reporting on the 9/11 hijackers—their entries into the US, their movements and actions once in the country—have done nothing but aid future terrorists. These future terrorists will learn from their predecessors’ mistakes, Pluchinsky believes. Indeed, he asserts, media reports on earlier terrorists such as Ramzi Yousef (see April 2, 1993) likely helped the 9/11 terrorists with their plans.
Only Quote Certain Government Officials - In many cases, he writes, reporters should only interview government sources who will exercise caution in giving possibly useful information to those reporters, and refuse to quote experts and specialists from oversight groups, unions, or even private technicians or consultants. “[I]f not for the media, terrorist groups would have no access to the insights and wisdom of these people,” he writes.
Instead of Reporting News, Inform Government - Instead of writing about it in public forums, Pluchinsky recommends that reporters who believe they have found evidence of vulnerability inform someone in “the proposed Department of Homeland Security” or other government agency.
'Patriotism,' Not 'Censorship' - He writes: “A skeptic would call this censorship; a patriot would call it cooperation. This type of cooperation existed during World War II and believe me, this current war is a ‘world war’ also.” The media would win the “Osama bin Laden award” if al-Qaeda gave one out, he states.
Government Must Enforce Censorship - “This type of reporting—carrying specifics about US vulnerabilities—must be stopped or censored,” he concludes. He recommends that “the Department of Homeland Security establish a program where academicians, reporters, think tankers, or any citizen could contact the department and inform them of security vulnerabilities. If the department determined that these vulnerabilities indeed existed, then it could award ‘Homeland Security Protective Security’ certificates to individuals or ‘Homeland Security Gold Stars’ to newspaper or Internet sites that put the country first during a time of war. If displayed on its banner, this star might increase circulation.” The government should “temporarily restrict… the media from publishing any security information that can be used by our enemies. This was necessary during World War II, it is necessary now. These restrictions were backed by the American public during World War II, and I believe the public would support them now.” In World War II, the slogan was, “Loose lips sink ships,” he reminds his readers. He suggests another slogan for today: “Prolific pens propagate terrorist plots.” [Washington Post, 6/16/2002]
So Extreme It Seems Like Satire, Critic Notes - Liberal pundit Jim Hightower later responds that Pluchinsky’s article is so extreme that he first thought it was satire. After realizing that Pluchinsky is serious, Hightower will note: “Osama’s troops are fairly savvy zealots who figured out how to fly commercial airliners into big buildings, so they already seem to have a pretty clear grasp of our vulnerabilities. It’s not like they’re waiting for Wolf Blitzer to identify targets for them!” A true patriot would not call Pluchinsky’s recommendations “patriotism,” Hightower concludes, “a patriot would call it stupid.” [Austin Chronicle, 7/12/2002]
Method for Hiding Incompetence - Time’s James Poniewozik attempts to take Pluchinsky’s recommendations more seriously than Hightower, and reminds readers that the same open-source information available to terrorists is also available to government officials, law-enforcement officials, and private citizens who can use that information to help counter future attacks. He also points out that Pluchinsky’s uncritical reliance on government officials to use the knowledge given to it by trusting reporters for the public good flies in the face of what we know of the government’s response to the 9/11 attacks. Indeed, Poniewozik writes, adopting Pluchinsky’s recommendations would do little more than give government officials a shield behind which to hide their errors, miscalculations, and outright incompetence. [Time, 6/18/2002] And the Toronto Star’s Lynda Hurst will observe, “[W]arnings work both ways: If anybody had written about the possibility of terrorists taking flying lessons, that alone might have put a wrench into 9/11.” [Toronto Star, 9/8/2002]

Entity Tags: Diplomatic Security Service, Dennis Pluchinsky, Jim Hightower, US Department of Homeland Security, James Poniewozik, Lynda Hurst, US Department of State

Timeline Tags: Domestic Propaganda

Both the 9/11 Congressional Inquiry and the 9/11 Commission examine the NSA’s intercepts of various calls made by the hijackers to an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). The 9/11 Congressional Inquiry refers to several of the calls and gives an idea of the content of some of them. But it does not mention those made by Nawaf Alhazmi and possibly other hijackers from the US after the USS Cole bombing, which are only disclosed later in the media (see Mid-October 2000-Summer 2001 and March 15, 2004 and After). However, this section of the Inquiry report is heavily redacted so most details remain unknown. It states that, although the NSA intercepted the calls and disseminated dispatches about some of them, the NSA did not realize the hijackers were in the US at the time the calls were made. [US Congress, 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file] The 9/11 Commission Report contains a briefer section on the intercepts and deals with those which led to the surveillance of the al-Qaeda summit in Malaysia (see January 5-8, 2000). In addition, it mentions that Almihdhar called his wife from San Diego in the spring of 2000, but fails to mention that his wife lived at an al-Qaeda communications hub and that the calls were intercepted by the NSA (see Spring-Summer 2000). [9/11 Commission, 7/24/2004, pp. 181, 222] The Los Angeles Times comments: “The [9/11 Congressional Inquiry] and the Sept. 11 commission that came after it referred indirectly to the calls from Yemen to San Diego. But neither report discloses what the NSA gleaned from the calls, or why they were never disclosed to the FBI.” [Los Angeles Times, 12/21/2005] The publication of the 9/11 Commission report and revelations about domestic surveillance by the NSA will lead to increased media interest in and revelations about the intercepts starting from 2004 (see March 15, 2004 and After).

Entity Tags: Hoda al-Hada, 9/11 Congressional Inquiry, 9/11 Commission, Nawaf Alhazmi, Khalid Almihdhar, National Security Agency, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Shelby (R-AL), the ranking Republican on the Senate Intelligence Committee, leaks highly classified information to Fox News political correspondent Carl Cameron just minutes after his committee learns it in a closed-door hearing with NSA Director Michael Hayden, according to later testimony. Shelby learns that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack, but the agency failed to translate the intercepts until September 12, the day after the 9/11 attacks (see September 10, 2001). Cameron does not report the story, but instead gives the material to CNN reporter Dana Bash. A half-hour after Cameron’s meeting with Bash, CNN broadcasts the story, citing “two Congressional sources” in its report. CNN does not identify Shelby as a source. Moments after the broadcast, a CIA official upbraids committee members who have by then reconvened to continue the hearing. USA Today and the Washington Post publish more detailed stories on the NSA intercepts the next day. White House and intelligence community officials will quickly claim that the leak proves Congress cannot be trusted with classified information, but experts in electronic surveillance will later say the information about the NSA’s intercepts contains nothing harmful because it does not reveal the source of the information or the methods used to gather it. [Washington Post, 8/5/2004; National Journal, 2/15/2007] The next day, a furious Vice President Dick Cheney will threaten Senator Bob Graham (D-FL) with termination of the White House’s cooperation with the 9/11 Congressional inquiry unless Graham and his House Intelligence Committee counterpart, Porter Goss (R-FL), push for an investigation (see June 20, 2002). Shelby will deny any involvement in the leak (see August 5, 2004).

Entity Tags: National Security Agency, Carl Cameron, CNN, Daniel Robert (“Bob”) Graham, Al-Qaeda, Dana Bash, Michael Hayden, Richard Shelby, Senate Intelligence Committee, USA Today, Washington Post, Porter J. Goss, Richard (“Dick”) Cheney, Fox News

Timeline Tags: Complete 911 Timeline, Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline, Civil Liberties

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

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

Timeline Tags: Civil Liberties

In November 2001, the Sudanese allowed the FBI to interview two al-Qaeda operatives living in Sudan, Mohammed Loay Bayazid, and Mubarak al Duri (see November 2001). Even though both men had links to al-Qaeda dating back to the 1980s (Bayazid even was one of al-Qaeda’s founding members), CIA Director George Tenet will later claim that the FBI agents “reported back that, although their suspicions were great, they were unable to develop sufficient grounds for a case against either man that would justify an extradition request.” But the CIA continues to find more intelligence that appears to tie both of them to al-Qaeda efforts to get weapons of mass destruction. For instance, a trusted informant claims Bayazid helped in an effort to buy uranium for bin Laden (see Late 1993). Tenet claims that “Both men had developed business connections to Sudanese WMD-related entities, and both had established businesses that could have served as dual-use front companies for developing nuclear and biological weapons.” In mid-2002, the CIA tries to get the two men to change sides. CIA officer Rolf Mowatt-Larssen goes to Sudan and is allowed to speak with them in a neutral location. But both men are unrepentant. After an appeal to help uncover al-Qaeda’s WMD program to potentially save millions of lives, one of them replies, “No… I think it is legitimate to kill millions of you because of how many of us you killed.” [Tenet, 2007, pp. 270-271] There have been no reports since of the US capturing or killing either man or putting them on any public wanted lists.

Entity Tags: Mohammed Loay Bayazid, Al-Qaeda, Mubarak al Duri, Central Intelligence Agency, Rolf Mowatt-Larssen

Timeline Tags: Complete 911 Timeline

The FBI takes over interrogations of Saudi Guantanamo detainee Mohamed al-Khatani. He had been captured and taken into US custody months before (see December 2001) but his real identity was only recently discovered. In the months before, military intelligence, using harsh tactics, was unsuccessful in gaining information from him, but the FBI allegedly uses subtle persuasion with an experienced interrogator and succeeds. Khatani discloses:
bullet He is an al-Qaeda member and received terrorist training at two al-Qaeda camps.
bullet He attended an al-Qaeda summit in Malaysia attended by two 9/11 hijackers (see January 5-8, 2000).
bullet He attempted unsuccessfully to be one of the hijackers himself, failing to enter the US in August 2001 (see August 4, 2001).
bullet He had been sent to the US by 9/11 mastermind Khalid Shaikh Mohammed.
bullet He had met bin Laden on several occasions and had been in contact with many other senior al-Qaeda leaders.
bullet He is related to Ali Saleh Kahlah al-Marri, an apparent al-Qaeda sleeper agent already arrested in the US (see September 10, 2001).
bullet He informs on about thirty other prisoners being held at Guantanamo.
But he is also believed to have little knowledge of other al-Qaeda plots. [New York Times, 6/21/2004; Time, 3/3/2006] He will later recant his confession (see October 26, 2006).

Entity Tags: Ali Saleh Kahlah al-Marri, Mohamed al-Khatani, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

Entity Tags: Sheikh Ahmed Salim Swedan

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

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The memo’s contents will remain secret, but the American Civil Liberties Union (ACLU) will learn that the memo regards the 1984 Convention Against Torture. According to the memo, the first fifteen articles of the Convention, ratified by the United States almost a decade before, “are non-self executing and place no affirmative obligations on the executive branch.” Furthermore, international law in general “lacks domestic legal effect, and in any event can be overridden by the president,” the memo states. In essence, Yoo concludes that the Convention can be ignored by the president. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [United Nations High Commissioner for Human Rights, 12/10/1984; American Civil Liberties Union [PDF], 1/28/2009 pdf file; ProPublica, 4/16/2009]

Entity Tags: John C. Yoo, Alberto R. Gonzales, American Civil Liberties Union, Convention Against Torture, Bush administration (43), US Department of Justice, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

US attorney for New Jersey Christopher Christie opposed a raid on an associate of the 9/11 hijackers.US attorney for New Jersey Christopher Christie opposed a raid on an associate of the 9/11 hijackers. [Source: Public domain]Both the FBI and the US attorney’s office for New Jersey are highly critical of a raid by the Passaic County sheriff’s office on the business of Mohamed el-Atriss, who supplied the 9/11 hijackers with false IDs (see (July-August 2001) and July 31, 2002). El-Atriss is later arrested and will plead guilty to selling fake IDs (see November 2002-June 2003). According to the sheriff, when US attorney for New Jersey Christopher Christie learns the sheriff intends to hold a news conference about the raid, he tells the sheriff that “he [will] be arrested and the US attorney [will] come down and shut down the Sheriff’s Department.” However, a spokesman for Christie will deny this. [Newark Star-Ledger, 10/20/2003] The FBI also hammers the sheriff in the media after the arrest, calling the raid, in which officers were accompanied by several press representatives, a “shameful media grab” and saying that the sheriff killed an FBI investigation. The Bergen County Record will point out that this is unusual, as “the feds don’t make a habit of lambasting other law enforcement officials publicly or of confirming the existence of secret investigations.” [Bergen Record, 8/7/2002] Federal officials then tell the sheriff’s department not to proceed with any investigations related to el-Atriss until they get clearance from the FBI. [Newark Star-Ledger, 10/20/2003] El-Atriss cooperated with the FBI after 9/11 and promised to “keep his eyes and ears open” for other terrorists (see September 13, 2001-Mid 2002).

Entity Tags: US Attorney’s Office for the District of New Jersey, Mohamed el-Atriss, Federal Bureau of Investigation, Christopher J. (“Chris”) Christie, Passaic County Sheriff’s Department

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 pdf file] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]

Entity Tags: US Department of Defense, Richard (“Dick”) Cheney, Bush administration (43), Central Intelligence Agency, Convention Against Torture, Donald Rumsfeld, Office of Legal Counsel (DOJ), US Department of Justice, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives

The district court at Norfolk finds that the Mobbs declaration (see July 25, 2002) “falls far short” of providing a basis for the continuing detention of “enemy combatant” Yaser Esam Hamdi without due process of law. “If the Court were to accept the Mobbs Declaration as sufficient justification for detaining Hamdi…, this Court would be acting as little more than a rubber stamp,” judge Robert Doumar writes in his ruling. He again orders the government to produce additional evidence, including copies of Hamdi’s statements, notes by his interrogators, statements by members of the Northern Alliance and relevant names, dates, and locations. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file; Washington Post, 1/9/2003] Doumar says the government’s arguments lead “to more questions than answers.” For example:
bullet The Mobbs Declaration does not say what authority Mobbs has, as “Special Advisor” to the Undersecretary of Defense for Policy, to determine the classification of a detainee. He says that during the August 13 hearing (see August 13, 2002), the government’s attorney was unable to do so. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]
bullet The government has provided no reason “for Hamdi to be in solitary confinement, incommunicado for over four months and being held some eight-to-ten months without any charges of any kind.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]
bullet Though it is claimed that Hamdi was “affiliated with a Taliban military unit and received weapons training,” the declaration makes no attempt to explain the nature of this “affiliation” or why the “affiliation” warrants the classification of Hamdi as an enemy combatant. Furthermore, the declaration “never claims that Hamdi was fighting for the Taliban, nor that he was a member of the Taliban.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]
bullet Assertions in the document concerning statements made by Hamdi appear to be paraphrased. Hamdi’s actual statements are not provided. “Due to the ease with which such statements may be taken out of context, the Court is understandably suspicious of the Respondent’s assertions regarding statements that Hamdi is alleged to have made,” the court ruling says. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 pdf file]

Entity Tags: Yaser Esam Hamdi, Robert G. Doumar

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Events Leading to Iraq Invasion

As Bush administration lawyers warn that Vice President Cheney and his Pentagon allies are setting the government up for defeat in the courts with their hardline advice on interrogation techniques (see Late 2001-Early 2002, January 25, 2002, April 2002 and After, and August 1, 2002) and indefinite detentions (see After September 11, 2001 and December 2001-January 2002), one of the uneasiest of Justice Department lawyers is Solicitor General Theodore Olson. Cheney and Olson have similar views on the expansion of presidential powers, but his job in the administration is to win court cases. Olson is not sure that Cheney’s legal arguments are tenable. Olson is particularly worried about two pending cases, those of US citizens Jose Padilla (see June 10, 2002) and Yaser Esam Hamdi (see December 2001 and August 16, 2002). Both have been declared enemy combatants and denied access to lawyers. Olson warns that federal courts will not go along with that provision, but he finds himself opposed by CIA and Pentagon officials. When Olson and other lawyers propose that Padilla and Hamdi be granted lawyers, Cheney’s chief lawyer, David Addington, beats back their proposal because, says deputy White House counsel Timothy Flanigan, “that was the position of his client, the vice president.” The issue comes to a head in the West Wing office of Alberto Gonzales, the White House’s chief legal counsel. Four officials with direct knowledge of the meeting later recall the chain of events. Olson has the support of associate White House counsel Bradford Berenson, a former law clerk to Supreme Court Justice Anthony Kennedy. Berenson says that Kennedy, the Court’s swing vote, will never accept absolute presidential authority to declare a US citizen an enemy and lock him away without benefit of counsel. Another former Kennedy law clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier. Addington, representing Cheney in the meeting, accuses Berenson of surrendering presidential authority on what he calls a fool’s prophecy about the Court; Berenson retorts by accusing Addington of “know-nothingness.” Gonzales listens quietly as the Justice Department and his own staff line up against Addington. He finally makes a decision: in favor of Cheney and Addington. [Washington Post, 6/25/2007]

Entity Tags: US Department of Defense, Brett Kavanaugh, Bradford Berenson, Alberto R. Gonzales, Central Intelligence Agency, Theodore (“Ted”) Olson, David S. Addington, Richard (“Dick”) Cheney, US Department of Justice, Jose Padilla, Yaser Esam Hamdi, Timothy E. Flanigan

Timeline Tags: Civil Liberties

Vice President Cheney, widely acknowledged as a master bureaucrat, uses a variety of bureaucratic strategies to craft his own foreign policy strategies, including the promotion the Office of Special Plans (OSP—see September 2002), simultaneously undercutting and marginalizing the CIA. Many senior intelligence officials have no idea that the OSP even exists. “I didn’t know about its existence,” Greg Thielmann, the director of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), will say.
Strategic Placement of Personal, Ideological Allies - Another Cheney strategy is personal placement. He moves his special adviser, neoconservative William Luti, into the OSP. Another influential neoconservative, Abram Shulsky, soon joins Luti there. A longtime associate of both Cheney and Defense Secretary Donald Rumsfeld, Stephen Cambone, becomes a special assistant to Rumsfeld (see Early 2001). Cheney now has his allies at the highest levels of the Pentagon. In Cheney’s office, chief of staff Lewis “Scooter” Libby serves as his liaison with the Pentagon. His chief counsel, David Addington, oversees Cheney’s aggressive and obsessively secretive legal staff. In the National Security Council (NSC), Stephen Hadley, Condoleezza Rice’s deputy, keeps a close eye on Rice in case she shows signs of falling back in with her old mentor, Brent Scowcroft (see August 1998). John Bolton and David Wurmser keep tabs on Colin Powell at the State Department. Cheney has John Yoo (see (After 10:00 a.m.) September 11, 2001) at the Justice Department. Not only does Cheney have highly placed loyalists in the State, Defense, and Justice Department, and in the NSC, he has vital allies in the Republican leadership in Congress.
Managing the Oval Office - Cheney handles the Oval Office himself. A Pentagon official who works closely with Cheney will later observe that President Bush handles the executive branch much as he handled the Texas Rangers baseball team: ignoring much of the daily functions, leaving most policy decisions to others and serving as a “corporate master of ceremonies, attending to the morale of the management team and focusing on narrow issues… that interested him.” Cheney becomes, in author Craig Unger’s words, “the sole framer of key issues for Bush,” the single conduit through which information reaches the president. Cheney, the Pentagon official will later say, “rendered the policy planning, development and implementation functions of the interagency system essentially irrelevant. He has, in matters he has deemed important, governed. As a matter of protocol, good manners, and constitutional deference, he has obtained the requisite ‘check-mark’ of the president, often during one-on-one meetings after a Potemkin ‘interagency process’ had run its often inconclusive course.” [Unger, 2007, pp. 249-250]

Entity Tags: Condoleezza Rice, Stephen A. Cambone, Stephen J. Hadley, Texas Rangers, William Luti, Brent Scowcroft, Abram Shulsky, Central Intelligence Agency, Office of Special Plans, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, David Wurmser, David S. Addington, Craig Unger, National Security Council, John R. Bolton, Greg Thielmann, John C. Yoo, Bureau of Intelligence and Research, George W. Bush, Donald Rumsfeld

Timeline Tags: US International Relations

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline

Abdulaziz Alomari in his martyr video.Abdulaziz Alomari in his martyr video. [Source: Al Jazeera]A martyr video of 9/11 hijacker Abdulaziz Alomari is broadcast on the Al Jazeera satellite network. In it, Alomari gives a speech that he calls his last will and testament, and says: “I am writing this with my full conscience and I am writing this in expectation of the end, which is near. An end that is really a beginning.” He implores the US to “take your fat hands off the land of Arabs.… We will get you. We will humiliate you. We will never stop following you.… God praise everybody who trained and helped me, namely the leader Sheikh Osama bin Laden. May God bless him. May God accept our deeds.” It is believed that Alomari recorded the video around March 2001, the same time most of the other 9/11 hijackers recorded similar videos (see March 2001), and the background of a burning Pentagon was added digitally after 9/11. [CNN, 9/9/2002; Washington Post, 9/11/2002] Alomari’s speech is part of an hour-long al-Qaeda video broadcast on Al Jazeera (see September 9, 2002).

Entity Tags: Osama bin Laden, Abdulaziz Alomari, Al Jazeera, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline

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

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

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

Khalid Shaikh Mohammed’s (KSM’s) children, who were captured in a September 2002 raid on a house KSM used (see September 11, 2002), are allegedly tortured following their capture. A statement that they are tortured is made in a submission to a Guantanamo Bay hearing to determine the status of a detainee called Majid Khan. The submission is made by Khan’s father, based on information from another of his sons. It reads: “The Pakistani guards told my son that the boys were kept in a separate area upstairs and were denied food and water by other guards. They were also mentally tortured by having ants or other creatures put on their legs to scare them and get them to say where their father was hiding.” [US department of Defense, 4/15/2007 pdf file] Human Rights Watch, based on eyewitness accounts, says that KSM’s children are held in an adult detention center (see June 7, 2007), and KSM also says that his children are abused in US custody (see March 10-April 15, 2007). [US Department of Defense, 3/10/2007 pdf file; Reuters, 6/7/2007]

Entity Tags: Khalid Shaikh Mohammed, Majid Khan, Central Intelligence Agency

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

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

October 6, 2002: Al-Qaeda Attacks Oil Tanker

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

Entity Tags: Abd al-Rahim al-Nashiri

Timeline Tags: Complete 911 Timeline

Deputy Attorney General Larry Thompson, in his capacity as acting attorney general, signs an order to transfer Maher Arar from the US to Syria, stating, according to officials speaking on condition of anonymity, that sending him to Canada would be “prejudicial to the interests of the United States.” Arar has dual Canadian and Syrian citizenship and has expressed his fear of being tortured once extradited to Syria. One year later, Imad Moustafa, Syria’s charge d’affaires in Washington says Syria had no reason to detain Arar, but that his country has agreed to take him as a favor to the US and to win its goodwill. He also says US intelligence officials have told their Syrian counterparts that Arar is a member of al-Qaeda. [Washington Post, 11/19/2003]

Entity Tags: Larry D. Thompson, Maher Arar, Imad Moustafa

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Complete 911 Timeline

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

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

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

Munir Alibabic.Munir Alibabic. [Source: Dani]By 2002, the Muslim Bosnian government is controlled by the Social Democrats, now that Alija Izetbegovic has retired and his SDA party is out of power. To deal with the issues of corruption and terrorism, in July 2002 the new government brings Munir Alibabic out of retirement to run Bosnia’s intelligence agency. Alibabic had been fired in 1994 as head of the secret police in Sarajevo for opposing government corruption and the support of the mujaheddin, and he is widely respected for his integrity. He vows to stop the cover-up of Bosnian Muslim ties to terrorism, stating, “A crime is a crime, regardless which side commits it.” He works aggressively with other intelligence agencies to uncover the al-Qaeda network in Bosnia. He soon completes a report detailing ties between the SDA party and organized crime. The report names Elfatih Hassanein, Hasan Cengic, Irfan Ljevakovic, Bakir Alispahic, and Alija Delimustafic as key co-consiprators. The first three were central figures in the Third World Relief Agency (TWRA), a bin Laden-linked charity front active in the early 1990s (see Mid-1991-1996). But in October 2002 elections, the SDA returns to power. Paddy Ashdown, a British politician serving as the Office of the High Representative in Bosnia, publicly supported the SDA over secularists and reformers in the election and shortly after they win he fires Alibabic. Author John Schindler will later write that “By the end of 2002, it was evident that the post-9/11 drive to run al-Qaeda out of Bosnia and force its local supporters to heel had run out of steam.” [Schindler, 2007, pp. 289-291] The Telegraph will later report that Ashdown fired Alibabic on the advice of the British intelligence agency MI6, but it isn’t clear why. [Daily Telegraph, 9/27/2004]

Entity Tags: Hasan Cengic, Alija Delimustafic, Elfatih Hassanein, UK Secret Intelligence Service (MI6), Paddy Ashdown, Party of Democratic Action (SDA), Munir Alibabic, Irfan Ljevakovic, Bakir Alispahic, Third World Relief Agency

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Complete 911 Timeline

Judge Marilyn Clark heard the case of Mohamed el-Atriss.Judge Marilyn Clark heard the case of Mohamed el-Atriss. [Source: newjerseycourtsonline]The case of Mohamed el-Atriss, who was arrested for selling false ID cards to two of the 9/11 hijackers (see (July-August 2001)) and was an associate of an unindicted co-conspirator in the ‘Landmarks’ bomb plot trial (see Before September 11, 2001), becomes controversial when secret evidence is used against him at a series of hearings. The evidence is presented without el-Atriss or his attorney being present and such secrecy is said to be unusual even after 9/11. Based on the secret evidence, el-Atriss’ bond is set at $500,000, which the Washington Post calls “an amount consistent with a charge of capital murder—even though most of the charges against him [are] misdemeanors.” The secret evidence rule is invoked for national security reasons based on a request by the sheriff’s office, while el-Atriss is being held in prison for six months. However, the FBI, which has a relationship with el-Atriss (see September 13, 2001-Mid 2002) and does not back the use of the secret evidence, insists that el-Atriss is not connected to terrorism. An appeals judge rules that the secret evidence cannot be used on the say-so of local officials. According to the judge, the secret information is inaccurate and could have been rebutted by el-Atriss if he had seen it. Transcripts of the secret hearings are later released to the media [Washington Post, 2/5/2003; Washington Post, 6/25/2003] In January 2003 el-Atriss pleads guilty to a charge of selling false identification documents to two hijackers, Khalid Almihdhar and Abdulaziz Alomari, and is sentenced to five years’ probation, with credit for the six months in jail he has already served, and a $15,000 fine. Although he admits selling the cards not just to the two hijackers, but also to hundreds of illegal immigrants, the other 26 charges against him are dropped by prosecutors. [Washington Post, 2/5/2003; Newark Star-Ledger, 10/20/2003]

Entity Tags: Mohamed el-Atriss

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

Mohammed al-Khatani, the alleged would-be “20th 9/11 hijacker,” reveals crucial information about Osama bin Laden’s courier, Ibrahim Saeed Ahmed. US intelligence already knows some details about Ahmed, based on interrogations of other prisoners, but they only know him by his alias Abu Ahmed al-Kuwaiti and they don’t yet know how important a courier he is. Around this time, al-Khatani faces harsh interrogation techniques that even a senior Bush administration official will later say meet the legal definition of torture (see January 14, 2009). Al-Khatani gives the name “Abu Ahmad al-Kuwaiti” (with two A’s in Ahmed). He says that Ahmed is a “senior al-Qaeda facilitator” and a “courier” who worked for 9/11 mastermind Khalid Shaikh Mohammed (KSM) and others. When al-Khatani was preparing to be one of the 9/11 hijackers, Ahmed gave him computer training in Karachi, Pakistan, “for his mission to the United States,” on KSM’s orders, indicating that Ahmed had some level of foreknowledge of the 9/11 attacks. He also says that Ahmed was seen in the Tora Bora mountains in late 2001, and it is possible Ahmed was one of the people with bin Laden in Tora Bora before bin Laden disappeared. [MSNBC, 5/4/2011]

Entity Tags: Khalid Shaikh Mohammed, Ibrahim Saeed Ahmed, Osama bin Laden, US intelligence, Mohamed al-Khatani

Timeline Tags: Complete 911 Timeline

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

Entity Tags: William J. Haynes, Donald Rumsfeld

Timeline Tags: Torture of US Captives

FBI agents raid Ptech offices.FBI agents raid Ptech offices. [Source: ABC News]Federal agents search the offices of Ptech, Inc., a Boston computer software company, looking for evidence of links to Osama bin Laden. A senior Ptech official confirms that Yassin al-Qadi, one of 12 Saudi businessmen on a secret CIA list suspected of funneling millions of dollars to al-Qaeda, was an investor in the company, beginning in 1994. Ptech appears to have connections to other potential terrorist financiers (see 1994). In particular, there seem to be many ties between Ptech and BMI Inc., a New Jersey-based company whose list of investors has been called a “who’s who of designated terrorists and Islamic extremists” (see 1986-October 1999). [Newsweek, 12/6/2002; WBZ 4 (Boston), 12/9/2002] A former FBI counterterrorism official states, “For someone like [al-Qadi] to be involved in a capacity, in an organization, a company that has access to classified information, that has access to government open or classified computer systems, would be of grave concern.” [WBZ 4 (Boston), 12/9/2002] On the day after the raid, US authorities will claim that Ptech’s software has been scrutinized and poses no danger. But security expert John Pike comments, “When you look at all of the different military security agencies that they have as customers, it’s very difficult to imagine how they would not be encountering sensitive information, classified information.” [National Public Radio, 12/8/2002] The search into Ptech is part of Operation Greenquest, which has served 114 search warrants in the past 14 months involving suspected terrorist financing. Fifty arrests have been made and $27.4 million seized. [Forbes, 12/6/2002] However, the raid appears to have been largely for show. Ptech was notified by US officials in November that they were being investigated, and they were told in advance exactly when the raid would take place (see May-December 5, 2002). Top officials in the US government appear to have made up their minds before the results of the raid can even be examined. White House Press Secretary Ari Fleischer comments on the Ptech raid only hours after it ends: “The one thing I can share with you is that the products that were supplied by this company to the government all fell in the nonclassified area. None of it involved any classified products used by the government. The material has been reviewed by the appropriate government agencies, and they have detected absolutely nothing in their reports to the White House that would lead to any concern about any of the products purchased from this company.” [White House, 12/6/2002] The fact that the raid takes place at all appears to be due to the persistence of Operation Greenquest investigators, who are engaged at this time in a bureaucratic battle with other investigators over who will control US government investigations into terrorist financing (see After March 20, 2002-Early 2003). Greenquest will lose this battle early in 2003 and get shut down (see May 13-June 30, 2003). In his 2003 book Black Ice, author Dan Verton will call Ptech an “innocent” casualty of Operation Greenquest’s “scorched-earth” tactics. [Verton, 2003, pp. 223] No charges will be brought against Ptech, and the company will continue fulfilling sensitive government contracts under a new name (see May 14, 2004).

Entity Tags: Operation Greenquest, Federal Bureau of Investigation, Yassin al-Qadi, Central Intelligence Agency, Ari Fleischer, BMI Inc., Ptech Inc.

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Syafrie Syamsuddin.Syafrie Syamsuddin. [Source: Kuantanutama.com]The International Crisis Group (ICG), an international think tank, publishes a report that identifies a “curious link” between the al-Qaeda affiliate group Jemaah Islamiyah (JI) and the Indonesian military, the TNI. [International Crisis Group, 12/11/2002] PBS Frontline will later say that Sidney Jones, the author of the report, “is widely considered to know more about terrorism in Indonesia than anyone.” [PBS Frontline, 4/2007] The ICG says the connection is “strong enough to raise the question of how much the TNI knew about Jemaah Islamiah” before the October 2002 Bali bombings. The report outs Fauzi Hasbi, a long-time JI leader, as an Indonesian government mole. It says that Hasbi has maintained links with Major-General Syafrie Syamsuddin since the late 1970s. “Hasbi maintains regular communication with Major-General Syafrie Syamsuddin to this day and is known to be close to the National Intelligence Agency head Hendropriyono.” Furthermore, an army intelligence officer interviewed by ICG had Hasbi’s number programmed into his cell phone, and actually called Hasbi and spoke to him while in the presence of the ICG investigator. And remarkably, Hasbi himself has claimed that he has treated Hambali, a top JI and al-Qaeda leader believed to have masterminded the 2002 Bali bombings, like a son. Hasbi and Hambali lived next door to each other in a small Malaysian village until late 2000 (see April 1991-Late 2000). [International Crisis Group, 12/11/2002; Age (Melbourne), 12/12/2002] Hasbi is killed in mysterious circumstances two months later (see 1979-February 22, 2003).

Entity Tags: Syafrie Syamsuddin, Sidney Jones, Tentara Nasional Indonesia, International Crisis Group, Hambali, Fauzi Hasbi, Hendropriyono, Jemaah Islamiyah

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

Richard Ben-Veniste.Richard Ben-Veniste. [Source: C-SPAN]The 10 members of the new 9/11 Commission are appointed by this date, and are: Republicans Thomas Kean (chairman), Slade Gorton, James Thompson, Fred Fielding, and John Lehman, and Democrats Lee Hamilton (vice chairman), Max Cleland, Tim Roemer, Richard Ben-Veniste, and Jamie Gorelick. [Chicago Tribune, 12/12/2002; Associated Press, 12/16/2002; New York Times, 12/17/2002] Senators Richard Shelby (R-AL) and John McCain (R-AZ) had a say in the choice of one of the Republican positions. They and many 9/11 victims’ relatives wanted former Senator Warren Rudman (R-NH), who co-wrote an acclaimed report about terrorism before 9/11 (see January 31, 2001). But, possibly under pressure from the White House, Senate Republican leader Trent Lott (R-MS) blocked Rudman’s appointment and chose John Lehman instead. [St. Petersburg Times, 12/12/2002; Associated Press, 12/13/2002; Reuters, 12/16/2002; Shenon, 2008, pp. 55-56] It will slowly emerge over the next several months that at least six of the 10 commissioners have ties to the airline industry. [CBS News, 3/5/2003] Henry Kissinger (see December 13, 2002) and his replacement Thomas Kean (see December 16, 2002) both caused controversy when they were named. In addition, the other nine members of the Commission are later shown to all have potential conflicts of interest. Republican commissioners:
bullet Fred Fielding also works for a law firm lobbying for Spirit Airlines and United Airlines. [Associated Press, 2/14/2003; CBS News, 3/5/2003]
bullet Slade Gorton has close ties to Boeing, which built all the planes destroyed on 9/11, and his law firm represents several major airlines, including Delta Air Lines. [Associated Press, 12/12/2002; CBS News, 3/5/2003]
bullet John Lehman, former secretary of the Navy, has large investments in Ball Corp., which has many US military contracts. [Associated Press, 3/27/2003]
bullet James Thompson, former Illinois governor, is the head of a law firm that lobbies for American Airlines and has previously represented United Airlines. [Associated Press, 1/31/2003; CBS News, 3/5/2003] Democratic commissioners:
bullet Richard Ben-Veniste represents Boeing and United Airlines. [CBS News, 3/5/2003] He also has other curious connections, according to a 2001 book on CIA ties to drug running written by Daniel Hopsicker, which has an entire chapter called “Who is Richard Ben-Veniste?” Lawyer Ben-Veniste, Hopsicker says, “has made a career of defending political crooks, specializing in cases that involve drugs and politics.” He has been referred to in print as a “Mob lawyer,” and was a long-time lawyer for Barry Seal, one of the most famous drug dealers in US history who is also alleged to have had CIA connections. [Hopsicker, 2001, pp. 325-30]
bullet Max Cleland, former US senator, has received $300,000 from the airline industry. [CBS News, 3/5/2003]
bullet James Gorelick is a director of United Technologies, one of the Pentagon’s biggest defense contractors and a supplier of engines to airline manufacturers. [Associated Press, 3/27/2003]
bullet Lee Hamilton sits on many advisory boards, including those to the CIA, the president’s Homeland Security Advisory Council, and the US Army. [Associated Press, 3/27/2003]
bullet Tim Roemer represents Boeing and Lockheed Martin. [CBS News, 3/5/2003]

Entity Tags: American Airlines, Fred F. Fielding, Jamie Gorelick, 9/11 Commission, James Thompson, John McCain, John Lehman, Trent Lott, Richard Shelby, Lee Hamilton, Richard Ben-Veniste, United Airlines, Warren Rudman, Slade Gorton, Tim Roemer, Max Cleland

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Ghassan Elashi holds a press conference and denies any connection to terrorist funding.Ghassan Elashi holds a press conference and denies any connection to terrorist funding. [Source: Associated Press]Mousa Abu Marzouk, his wife, and five brothers (Ghassan Elashi, Bayan Elashi, Hazim Elashi, Basman Elashi, and Ihsan Elashi) are charged with conspiracy, money laundering, dealing in the property of a designated terrorist, illegal export, and making false statements. The brothers are arrested in Texas, but Marzouk and his wife are living in Syria and remain free. Marzouk is considered a top leader of Hamas. FBI agent Robert Wright had been investigating Marzouk and the brothers since the late 1990s. Wright is set to appear on ABC News on December 19, 2002, to complain that the FBI had failed to prosecute Marzouk for years. As the New York Post notes, “That got results: A day before the show aired, Attorney General Ashcroft announced he would indict Marzouk.” [BBC, 12/18/2002; Associated Press, 12/18/2002; Washington Post, 12/19/2002; New York Post, 7/14/2004] FBI agent John Vincent, who worked closely with Wright, comments, “From within the FBI, [Wright] and I tried to get the FBI to use existing criminal laws to attack the infrastructure of terrorist organizations within the United States, but to no avail. It took an appearance [on television] by [Wright] and I to propel them into making arrests that they could have made as early as 1993.” [Federal News Service, 6/2/2003] ABC News similarly notes, “Marzouk was in US custody in 1997 and under criminal investigation then for much the same crimes cited today.” [ABC News, 12/18/2002] Ghassan Elashi was the vice president of InfoCom Corporation, which was raided on September 5, 2001 (see September 5-8, 2001). He was also chairman of Holy Land Foundation, which was shut down in December 2001. InfoCom and Holy Land were based in the same Texas office park and shared many of the same employees. [Guardian, 9/10/2001; CBS News, 12/18/2002; Associated Press, 12/23/2002] Holy Land raised $13 million in 2000 and claimed to be the largest Muslim charity in the US. The government charges that Hamas members met with Ghassan Elsashi and other Holy Land officials in 1993 to discuss raising money for the families of suicide bombers (see October 1993). Wright had begun an investigation into Holy Land that same year, but he faced obstacles from higher-ups and eventually his investigation was shut down. [CBS News, 12/18/2002; New York Times, 7/28/2004] In 2004, the five Elashi brothers will be convicted of selling computer equipment overseas in violation of anti-terrorism laws. In 2005, three of the brothers, Ghassan, Basman, and Bayan Elashi, will be found guilty of supporting Hamas by giving money to Mazouk through 2001. [BBC, 7/8/2004; Associated Press, 4/13/2005] In July 2004, Ghassan Elashi will be charged again, along with four other former Holy Land officials. Two other Holy Land officials will also charged but not arrested, since they had recently left the country. Sen. Charles Schumer (D-NY) will state: “I wonder why this prosecution has taken so long. I think until recently we have not put the resources needed into tracking groups that finance terrorism, and the fact that they didn’t get 24-hour surveillance on these two who escaped is galling and perplexing.” [New York Times, 7/28/2004] In 2007, this court case will result in a mistrial, and be cast as a major setback for the Justice Department (see October 19, 2007).

Entity Tags: Charles Schumer, Bayan Elashi, Basman Elashi, Federal Bureau of Investigation, Ihsan Elashi, Mousa Abu Marzouk, John Ashcroft, Hazim Elashi, Ghassan Elashi, Nadia Elashi

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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