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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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According to anonymous current and former intelligence officials, the CIA has carried out an in-house investigation of the damage done to the agency by the exposure of covert agent Valerie Plame Wilson (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, July 12, 2003, and July 14, 2003). That damage is described by the officials as “severe” and potentially far more damaging than has been previously reported, particularly to the agency’s ability to monitor Iran’s nuclear program (see February 13, 2006). The officials say that while CIA Director Porter Goss has not submitted a formal assessment of the damage caused by Plame Wilson’s exposure to Congressional oversight committees, the CIA’s Directorate of Operations did conduct a serious and aggressive investigation. That investigation, a “counter intelligence assessment to agency operations,” was ordered by the agency’s then-Deputy Director of the Directorate of Operations, James Pavitt. Former CIA counterintelligence officer Larry Johnson says that such an assessment would have had to have been carried out: “An exposure like that required an immediate operational and counter intelligence damage assessment. That was done. The results were written up but not in a form for submission to anyone outside of CIA.” A former counterintelligence officer says that the CIA’s reason for not submitting a report to Congress is that its top officials “made a conscious decision not to do a formal inquiry because they knew it might become public. They referred it [to the Justice Department] instead because they believed a criminal investigation was needed” (see September 16, 2003). According to that official, the assessment found the exposure of Plame Wilson caused “significant damage to operational equities.” Another counterintelligence official explains that “operational equities” includes both people and agency operations that involve the “cover mechanism,” “front companies,” and other CIA officers and assets. The assessment also shows that other CIA non-official cover (NOC) officers (see Fall 1992 - 1996) were compromised by Plame Wilson’s exposure. The officials will not say if American or foreign casualties were incurred as a result of her exposure. Several intelligence officials say it will take up to “10 years” for the agency to recover from the damage done by Plame Wilson’s exposure, and to recover its capability to adequately monitor nuclear proliferation on the level it had achieved prior to the White House’s leak of her identity. [Raw Story, 2/13/2006]

Entity Tags: Directorate of Operations, Central Intelligence Agency, Valerie Plame Wilson, James Pavitt, Porter J. Goss

Timeline Tags: Niger Uranium and Plame Outing

After being asked about the Plame Wilson leak in a press conference (see September 16, 2003), White House press secretary Scott McClellan asks White House deputy chief of staff Karl Rove about his involvement in the leak. McClellan has called questions about Rove’s involvement “ridiculous,” and wants to have Rove confirm McClellan’s public denial. McClellan will later write: “I wanted to make sure I hadn’t climbed out on a limb. Rove had known [conservative columnist Robert] Novak (see July 8, 2003 and July 14, 2003) for years and spoke with him from time to time, and of course he was known for playing hardball politics. But surely even he knew that leaking classified national security information would cross a line.” As McClellan recalls, he asks Rove: “A reporter asked me today if you were one of Novak’s sources and ‘burned the cover’ of [former ambassador Joseph] Wilson’s wife. I said it was totally ridiculous. You weren’t one of Novak’s sources, right?” Rove responds, “Right.” McClellan says, “Just wanted to make sure.” Rove affirms, “You’re right.” [McClellan, 2008, pp. 179-180]

Entity Tags: Scott McClellan, Karl C. Rove, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

An Associated Press (AP) report provides details of what alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) has apparently told his CIA interrogators. The article, based on “interrogation reports” reviewed by the AP, makes the following claims:
bullet KSM worked on the Bojinka plot in 1994 and 1995 in the Philippines with Ramzi Yousef, Abdul Hakim Murad, and Wali Khan Amin Shah;
bullet After Yousef and Murad were captured (see January 6, 1995 and February 7, 1995), KSM began to devise a new plot that focused on hijackings on US soil;
bullet KSM first pitched the 9/11 plot to Osama bin Laden in 1996. He wanted bin Laden “to give him money and operatives so he could hijack 10 planes in the United States and fly them into targets”;
bullet After bin Laden agreed in principle, the original plan, which called for hijacking five commercial jets on each US coast, was modified several times. Some versions even had the planes being blown up in mid-air, possibly with the aid of shoe bombs. Bin Laden scrapped various parts of the plan, including attacks on both coasts and hijacking or bombing some planes in East Asia as well;
bullet The original four al-Qaeda operatives bin Laden offered KSM for the plot were eventual hijackers Nawaf Alhazmi and Khalid Almihdhar, as well as Khallad bin Attash and Abu Bara al-Yemeni. “All four operatives only knew that they had volunteered for a martyrdom operation involving planes,” one interrogation report apparently states;
bullet The first major change to the plans occurred in 1999 when the two Yemeni operatives could not get US visas (see April 3, 1999). [Associated Press, 9/21/2003] (According to the 9/11 Commission Report, KSM actually says Abu Bara al-Yemeni never applied for a US visa); [9/11 Commission, 7/24/2004, pp. 492]
bullet Bin Laden then offered KSM additional operatives, including a member of his personal security detail;
bullet At that time the plot was to hijack a small number of planes in the United States and East Asia and either have them explode or crash into targets simultaneously;
bullet In 1999, the four original operatives picked for the plot traveled to Afghanistan to train at one of bin Laden’s camps, where they received specialized commando training (see Late 1999);
bullet Al-Qaeda’s Malaysia summit (see January 5-8, 2000) was, according to the report, a “key event in the plot,” although it does not say whether KSM was physically present. On the other hand, it confirms the presence of Jemaah Islamiyah leader Hambali;
bullet KSM communicated with Alhazmi and Almihdhar while they were in the US using Internet chat software;
bullet KSM has never heard of Omar al-Bayoumi, an apparent Saudi intelligence agent who provided some assistance to future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi when they arrived in California. Neither did he arrange for anyone else in the US to assist Almihdhar and Alhazmi when they arrived in California. Despite this, Almihdhar and Alhazmi soon made contact with a network of people linked to Saudi intelligence services (see January 15-February 2000 and June 23-July 2001);
bullet Bin Laden canceled the East Asian portion of the attacks in the spring of 2000, because, according to a quote from KSM contained in a report, “it would be too difficult to synchronize” attacks in the United States and Asia;
bullet Around that time, KSM reached out to Jemaah Islamiyah, an al-Qaeda affiliate in Southeast Asia. He began “recruiting JI operatives for inclusion in the hijacking plot as part of his second wave of hijacking attacks to occur after Sept. 11,” one summary reportedly says;
bullet Zacarias Moussaoui also went to Malaysia in the run-up to 9/11 (see September-October 2000);
bullet In its final stages, the plan called for as many as 22 terrorists and four planes in a first wave, followed by a second wave of suicide hijackings that were to be aided possibly by al-Qaeda allies in Southeast Asia;
bullet The hijacking teams were originally made up of members from different countries where al-Qaeda had recruited, but in the final stages bin Laden chose instead to use a large group of young Saudi men to populate the hijacking teams;
bullet KSM told interrogators about other terror plots that were in various stages of planning or had been temporarily disrupted when he was captured, including one planned for Singapore (see June 2001 and November 15-Late December 2001);
bullet KSM and al-Qaeda were still actively looking to strike US, Western, and Israeli targets across the world as of this year. [Associated Press, 9/21/2003]
These statements attributed to KSM are similar to later statements attributed to him by the 9/11 Commission Report. [9/11 Commission, 7/24/2004] The Associated Press article cautions that US authorities are still investigating what KSM is telling them, “to eliminate deliberate misinformation.” [Associated Press, 9/21/2003] KSM made some or all these statements under torture, leading some to question their reliability (see Shortly After February 29 or March 1, 2003, After March 7, 2003, June 16, 2004, and August 6, 2007).

Entity Tags: Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

Mahmoud Afif Abdeljalil.Mahmoud Afif Abdeljalil. [Source: Joel Nito / Agence France-Presse]An “envoy” of bin Laden’s brother-in-law is accused of running al-Qaeda front companies in the Philippines and is deported. Mahmoud Afif Abdeljalil, a Jordanian, was arrested in the Philippines in early 1995 and accused of supporting the Bojinka plot, but then was let go (see January 6, 1995 and April 1, 1995-Early 1996). He is arrested in the Philippines again on this day while attempting to sell some properties owned by Mohammed Jamal Khalifa, bin Laden’s brother-in-law. [Contemporary Southeast Asia, 12/1/2002; Time, 10/27/2003] Philippine officials call him a suspected al-Qaeda operative who had been in close contact with militants from the Abu Sayyaf and other groups. He is called an “envoy” or “point man” for Khalifa, and reputedly took over some of Khalifa’s business front companies after Khalifa left the country in 1994 (see December 1, 1994). His house was used as a safe-house and meeting place for al-Qaeda operatives. [Agence France-Presse, 10/23/2003; Associated Press, 10/23/2003] However, despite all these serious allegations, Abdeljalil is deported back to Jordan in early 2004. [Associated Press, 3/1/2004]

Entity Tags: Mohammed Jamal Khalifa, Abu Sayyaf, Mahmoud Afif Abdeljalil, Al-Qaeda

Timeline Tags: Complete 911 Timeline

The Justice Department authorizes the FBI to open a criminal investigation into leaks of CIA agent Valerie Plame Wilson’s covert identity by sources within the Bush administration (see July 14, 2003, July 30, 2003, and September 16, 2003). [MSNBC, 2/21/2007; Washington Post, 7/3/2007] The investigation is headed by the Justice Department’s counterespionage chief, John Dion. [Vanity Fair, 1/2004]
Questions of Impartiality - Dion is a veteran career prosecutor who has headed the counterespionage section since 2002. He will rely on a team of a half-dozen investigators, many of whom have extensive experience in investigating leaks. However, some administration critics are skeptical of Dion’s ability to run an impartial investigation: he will report to the Justice Department’s Robert McCallum, who is an old friend and Yale classmate of President Bush. Both Bush and McCallum were members of the secret Skull & Bones Society at Yale. Others believe the investigation will be non-partisan. “I believe that the career lawyers in Justice—the people who preceded [Attorney General] John Ashcroft and who will be there after he leaves—will do a nonpolitical investigation, an honest investigation,” says legal ethics specialist Stephen Gillers. “Ashcroft’s sole job is to stay out of it.” [Associated Press, 10/2/2003; Los Angeles Times, 10/2/2003]
CIA Director Filed Request - The request for an investigation (see September 16, 2003) was filed by CIA Director George Tenet; a CIA official says Tenet “doesn’t like leaks.” White House press secretary Scott McClellan says he knows of no leaks about Wilson’s wife: “That is not the way this White House operates, and no one would be authorized to do such a thing. I don’t have any information beyond an anonymous source in a media report to suggest there is anything to this. If someone has information of this nature, then he or she should report it to the Department of Justice.” McClellan calls Joseph Wilson’s charges that deputy White House chief of staff Karl Rove leaked his wife’s name (see August 21, 2003) “a ridiculous suggestion” that is “simply not true.” A White House official says that two administration sources (later revealed to be Rove and Deputy Secretary of State Richard Armitage—see June 13, 2003, July 8, 2003, and 11:00 a.m. July 11, 2003) leaked Plame Wilson’s name to six separate journalists (see Before July 14, 2003). The White House is notoriously intolerant of leaks, and pursues real and supposed leakers with vigor. Wilson says that if the White House did indeed leak his wife’s name, then the leak was part of what he calls “a deliberate attempt on the part of the White House to intimidate others and make them think twice about coming forward.” [Washington Post, 9/28/2003]
White House, Democrats Respond - National Security Adviser Condoleezza Rice says that the White House is willing to have the Justice Department investigate the charges. “I know nothing of any such White House effort to reveal any of this, and it certainly would not be the way that the president would expect his White House to operate,” she tells Fox News. “My understanding is that in matters like this, a question like this is referred to the Justice Department for appropriate action and that’s what is going to be done.” However, some Democrats want more. Senator Charles Schumer (D-NY) says the Justice Department should appoint a special counsel to investigate the charges, since the department has an inherent conflict of interest: “I don’t see how it would be possible for the Justice Department to investigate whether a top administration official broke the law and endangered the life of this agent (see July 21, 2003). Even if the department were to do a thorough and comprehensive investigation, the appearance of a conflict could well mar its conclusions.… Leaking the name of a CIA agent is tantamount to putting a gun to that agent’s head. It compromises her safety and the safety of her loved ones, not to mention those in her network of intelligence assets. On top of that, it poses a serious threat to the national security of this nation.” Representative Richard Gephardt (D-MO) says the White House should find out who is responsible for the leak, and Congress should investigate the matter as well. [Washington Post, 9/28/2003; Fox News, 9/29/2003]
FBI Will Acknowledge Investigation - The FBI officially acknowledges the investigation on September 30 (see September 30, 2003), and informs the White House of the investigation. [New York Times, 2006]

Entity Tags: Richard Gephardt, Karl C. Rove, Richard Armitage, Stephen Gillers, US Department of Justice, Joseph C. Wilson, Valerie Plame Wilson, Scott McClellan, John Dion, Robert McCallum, George W. Bush, Charles Schumer, Condoleezza Rice, Bush administration (43), George J. Tenet, Federal Bureau of Investigation, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

Robert Novak, the conservative columnist who revealed Valerie Plame Wilson’s status as a covert CIA agent in one of his columns (see July 14, 2003), says that CIA sources have told him “it’s doubtful she’ll ever again have a foreign assignment.” He acknowledges being asked by a CIA official not to print her name: “They said if her name was printed, it might be difficult if she was traveling abroad, and they said they would prefer I didn’t use her name (see Before July 14, 2003). It was a very weak request. If it was put on a stronger basis, I would have considered it.” The CIA is still conducting an assessment of the damage that was done to its overseas information networks and foreign contacts by the revelation. [Washington Post, 9/28/2003]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post publishes an article stating that in July, two White House officials had leaked the name and CIA employment status of Valerie Plame Wilson to at least six reporters, and told the reporters that Plame Wilson had been responsible for sending her husband to Niger (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). The article is based on a leak of information by a “senior administration official.” Such an explosive leak is relatively rare from the Bush administration. Reporters Mike Allen and Dana Priest report, “It is rare for one Bush administration official to turn on another.” Asked about the motive for describing the leaks, the senior official says the leaks of Plame Wilson’s identity were “[c]learly… meant purely and simply for revenge.” The leaks were “wrong and a huge miscalculation, because they were irrelevant and did nothing to diminish [Joseph] Wilson’s credibility.” [Washington Post, 9/28/2003; Truthout (.org), 4/14/2006] The “senior administration official” will later be revealed to be State Department official Marc Grossman (see May 29, 2003, June 10, 2003, 12:00 p.m. June 11, 2003, and October 17, 2003). [Truthout (.org), 4/14/2006]
'1x2x6' Theory - Author and blogger Marcy Wheeler, covering the Plame Wilson leak and the subsequent perjury trial of Lewis Libby (see October 28, 2005) for the blogs The Next Hurrah and later Firedoglake, later writes that the Allen/Priest report states the “1x2x6 theory” of the leak, in which one anonymous source tells Allen and Priest that two senior White House officials called at least six Washington reporters to discuss Plame Wilson’s CIA status. Wheeler will note that one of those Washington reporters, Robert Novak, has denied being the White House’s “willing pawn” who leaked Plame Wilson’s identity when the other reporters refused (see July 14, 2003, September 29, 2003, and October 1, 2003). Wheeler will write, “Novak’s October 1 column was designed to refute the incredibly damaging quotes from the 1x2x6 source that clearly indicated the leak was planned.” She will speculate that the single anonymous source for Allen and Priest may be Secretary of State Colin Powell, but she will state that she is by no means sure, and has no proof of her speculation. [Marcy Wheeler, 8/29/2006]
Poor Reasoning - Wilson will later write that he is pleased to learn that “there was at least one Bush official who believed the conduct of his colleagues was ‘wrong.’ I was disappointed to read that he or she evidently judged it so not because it was a betrayal of national security but because it was beside the point and had done nothing to damage my credibility. Would the leak have been okay if it had really impeached my character and sent me skittering into some dungeon reserved for critics of the Bush administration?”
'Smear Campaign' Readied Well before Wilson Published Op-Ed - Wilson muses over the implications of the article. He concludes that if two White House officials had conducted such a large media campaign, “there must have been a meeting to decide on the action to take” (see June 2003). And because of the timing, the officials involved must have had the information on Plame Wilson “well before the appearance of my article on Sunday, July 6” (see July 6, 2003). How did the two officials learn of his wife’s status? he wonders. Was there a breach of security? Was the revelation of his wife’s identity inadvertent or deliberate? “Whatever the answers to these questions,” he will write, “I knew for certain that the initial disclosure of her status, whether deliberate or inadvertent, was the first damaging act, before the calls to all the journalists were placed.… [A] plan to attack me had been formed well before [the publication of his editorial]. It was cocked and ready to fire as soon as I crossed the trip wire and wrote about what I hadn’t found in Niger. My [editorial] triggered the attack, but I was not the only target of it. Now my wife was in their sights, as well. What then happened was not a case of the loose lips of an overly ardent junior defender of the administration flapping to one reporter, but an organized smear campaign directed from the highest reaches of the White House. A group of supposed public servants, collecting salaries paid by American taxpayers and charged with defending the national security of the country, had taken it upon itself to attack me by exposing the identity of a member of the CIA’s clandestine service, who happened to be my wife. Revenge and intimidation had been deemed more important than America’s national security for these co-conspirators.” [Wilson, 2004, pp. 385-387]

Entity Tags: Valerie Plame Wilson, Robert Novak, Washington Post, Marcy Wheeler, Joseph C. Wilson, Dana Priest, Colin Powell, Mike Allen, Central Intelligence Agency, Bush administration (43), Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

Scott McClellan and Karl Rove.Scott McClellan and Karl Rove. [Source: Doug Mills / New York Times]Newly promoted White House press secretary Scott McClellan takes part in his first truly contentious White House press briefing. He will later recall feeling “well prepared,” both from the morning’s less formal “press gaggle” and from a prebriefing preparation session with his staff. He has confirmed from President Bush and White House chief of staff Andrew Card that the White House had no involvement in the Plame Wilson leak (see September 29, 2003). McClellan is authorized to say that anyone involved in the leak “would no longer be in this administration”; Bush has said, “I would fire anybody involved.” McClellan will later write, “I had his full, unequivocal approval.” Bush has also reminded McClellan to ask reporters to come forward if they know who the leakers are. [McClellan, 2008, pp. 187-189]
Leakers 'Would No Longer Be Part of This Administration' - During the briefing, McClellan says that it is “simply not true” that White House political adviser Karl Rove is involved in the leak of CIA agent Valerie Plame Wilson’s identity (see September 26, 2003 and September 27, 2003). He says, after frequent questioning about Bush being “passive” about the possibility of criminal activities in the White House, “If anyone in this administration was involved in it, they would no longer be in this administration.” [White House, 9/29/2003; New York Times, 2006]
Denying Rove's Involvement - McClellan denies again and again that Rove or any other White House official leaked Plame Wilson’s identity to the press. “[T]hat is not the way this White House operates,” he says. “The president expects everyone in his administration to adhere to the highest standards of conduct. No one would be authorized to do such a thing. Secondly, there—I’ve seen the anonymous media reports, and if I could find out who ‘anonymous’ was, it would make my life a whole lot easier.… [A]nyone—anyone—who has information relating to this should report that information to the Department of Justice.” The only information suggesting White House involvement has come from the media, McClellan says. A reporter asks McClellan about his statement earlier in the day that “the president knows” Rove did not leak Plame Wilson’s name. McClellan says: “I’ve said that it’s not true. And I have spoken with Karl Rove.… [Bush is] aware of what I’ve said, that there is simply no truth to that suggestion. And I have spoken with Karl about it.” When pressed about discussing the matter with Rove, McClellan adds, somewhat contradictorily: “I’ve known Karl for a long time, and I didn’t even need to go ask Karl, because I know the kind of person that he is, and he is someone that is committed to the highest standards of conduct.… I have spoken with Karl about this matter and I’ve already addressed it.” McClellan refuses to answer repeated questions about any possible White House investigations or attempts to find the leakers, repeating his answer that any such investigation is a task best left to the Justice Department and repeatedly asking reporters if they have any information about the leaks. He dodges repeated questions about the possibility of Attorney General John Ashcroft appointing a special counsel to investigate the leaks (see December 30, 2003). [White House, 9/29/2003]
'Aggressive' Push Back against Reporters' 'Assumptions' and 'Challenges' - McClellan will later describe his performance at the briefing as “push[ing] back aggressively on assumptions embedded in the questions, and challeng[ing] reporters to produce information suggesting that White House aides were responsible for the leak.” He will write: “Those last words [the statement that anyone caught leaking information ‘would no longer be part of this administration’] would get plenty of media play over the next few years, particularly as important information came to light. With the president’s approval and his oft-stated commitment to honor and integrity embedded in my mind, I could not have been more confident in what I said.” The post-briefing critique with his staff, he will recall, is “very positive.” [McClellan, 2008, pp. 187-189]

Entity Tags: Bush administration (43), Karl C. Rove, Scott McClellan, Andrew Card, John Ashcroft, US Department of Justice, Valerie Plame Wilson, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

The FBI publicly acknowledges that it has opened an investigation into the Valerie Plame Wilson identity leak (see September 26, 2003). The White House directs its staff to fully cooperate with the investigation (see September 29-30, 2003). President Bush tells the press: “If there is a leak out of my administration, I want to know who it is. And if the person has violated the law, he will be taken care of.” [New York Times, 9/30/2003; New York Times, 2006] (In White House press secretary Scott McClellan’s later recollection, “he’d made clear that if anyone in his administration had been responsible for the leak, he or she would have to leave.”) [McClellan, 2008, pp. 216] Bush says there are “just too many leaks” from both the White House and Congress. The Justice Department instructs the White House, through White House counsel Alberto Gonzales, to preserve all records relating to the case, including any involving contacts with columnist Robert Novak (who first publicly outed Plame Wilson—see July 14, 2003), and two Newsday reporters, Timothy Phelps and Knut Royce (see September 30, 2003). Phelps and Royce wrote a July 2003 article claiming that “intelligence officials” had confirmed and expanded on Novak’s identification of Plame Wilson, and stated that Plame Wilson worked for the CIA in “an undercover capacity” (see July 21, 2003). Bush tells reporters that he is “absolutely confident that the Justice Department will do a very good job” of investigating the case, indicating that he will not support calls for an outside special counsel to take over the probe. The Justice Department has not ruled out asking for a special counsel, though Attorney General John Ashcroft says his department is more than capable of handling the investigation itself. Democrats say that Ashcroft’s Justice Department should not conduct any such investigation because of Ashcroft’s close connections to White House personnel who may be involved in the leak, such as White House political adviser Karl Rove. At a fundraising luncheon, Bush indirectly dismisses the controversy over the Plame Wilson outing as part of the “needless partisan bickering that dominates the Washington, DC, landscape.” A Republican source close to the White House tells the New York Times that the investigation will blow over within a matter of days. “The general view inside the White House among senior staff is that this is going to create a few rocky political days, that it’s mainly the Democrats pushing it and that if all the Republicans stay on board, the story goes away,” the source says. [New York Times, 9/30/2003; New York Times, 2006] Plame Wilson’s husband, former ambassdor Joseph Wilson, will later call this an “absurdly broad net, as there were only a very small number of people in the administration whose responsibilities overlap the national security and the political arenas, the best pool of possible suspects in which to start looking.” Wilson will note, “If the president really wanted to ‘come to the bottom of this,’ as he claimed to reporters on October 7 (see October 7, 2003), he could have acted like the strong chief executive he claims to be and brought his senior people into a room and demanded that they produce the leaker.” [Wilson, 2004, pp. 399]

Entity Tags: Joseph C. Wilson, Federal Bureau of Investigation, Bush administration (43), Alberto R. Gonzales, John Ashcroft, Valerie Plame Wilson, US Department of Justice, Timothy Phelps, Scott McClellan, Knut Royce, Robert Novak, Karl C. Rove, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

FBI agents investigating the Plame Wilson identity leak inform Attorney General John Ashcroft that they believe White House political strategist Karl Rove and conservative columnist Robert Novak may be conspiring to hide the truth behind Rove’s involvement in the leak. They also inform Ashcroft that they believe Lewis Libby, the chief of staff to Vice President Dick Cheney, has lied to FBI investigators about his role in leaking Plame Wilson’s identity to the press. Although it is unclear who provides this briefing to Ashcroft, he is usually briefed on the status of the investigation by John Dion, the head of the FBI investigation, and Christopher Wray, the assistant attorney general in charge of the criminal division. [National Journal, 5/25/2006; National Journal, 6/8/2006]
Novak's Attempt to Protect Rove - They inform Ashcroft of a telephone conversation between Rove and Novak, in which Novak promised to protect Rove from the FBI investigation, presumably by either refusing to disclose him as a source of his knowledge of Plame Wilson’s identity (see September 29, 2003) or lying to investigators. Although Ashcroft receives routine briefings on the status of the FBI investigation, the bureau considers this important enough to warrant a special briefing for him on the matter. The FBI believes that after the conversation with Rove, Novak did indeed change his story about the leak, characterizing White House officials’ role in it as entirely passive. A week after Novak publicly outed Plame Wilson, he told reporters that he didn’t “dig out” the Plame Wilson information, but rather “it was given to me.… They thought it was significant. They gave me the name, and I used it” (see July 21, 2003). This account suggests that Rove was actively trying to expose Plame Wilson as a CIA officer, as reporter Murray Waas will later write. But the same day he spoke with Rove, Novak provided a different story, saying no one at the White House gave him the information (see September 29, 2003). Novak’s first story fits more closely with accounts later given by reporters such as Time’s Matthew Cooper (see July 13, 2005) and the New York Times’s Judith Miller (see September 30, 2005). [National Journal, 5/25/2006]
Libby's Lies to FBI - The FBI also informs Ashcroft that it has acquired evidence—personal notes from Libby—that contradicts Libby’s assertions that he learned of Plame Wilson’s identity from journalists (see October 14, 2003). Libby also told investigators that he had merely considered the information about Plame Wilson’s covert CIA status “unsubstantiated rumors” when he leaked that information to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, Late Afternoon, July 12, 2003, and 2:24 p.m. July 12, 2003), another lie. [National Journal, 6/8/2006]
Ashcroft Declines to Recuse Himself - Ashcroft will recuse himself from participation in the investigation in December, in part because of the potential of a conflict of interest stemming from his previous relationship with Rove (see December 30, 2003) as well as other White House officials. Some FBI investigators believe that he should have recused himself as soon as he learned that Rove and Libby were possibly involved in the leak; some have also noted privately that many of Ashcroft’s top aides came from the Republican National Committee (RNC), which they suspect has been working closely with the White House to pressure Ashcroft not to name a special prosecutor. In 2006, law professor Stephen Gillers will say: “There is always going to be an interim period during which you decide you will recuse or not recuse. But [Ashcroft] should have had an ‘aha!’ moment when he learned that someone, figuratively, or in this case literally, next door to the president of the United States—who was Ashcroft’s boss—was under suspicion.” Ashcroft’s spokesman Mark Corallo has explained that Ashcroft declined to recuse himself because of his intense interest in the probe. Corallo will later become the spokesman for Rove. Fellow law professor Charles Wolfram, like Gillers a specialist in legal ethics, agrees with Gillers. In 2006, Wolfram says the “most distressing” ethical aspect of the case is that Ashcroft continued overseeing the probe even after Cheney’s name arose. “This should have been a matter of common sense,” Wolfram will note. Ashcroft “should have left it to career prosecutors whether or not to go after politically sensitive targets. You can’t have Ashcroft investigate the people who appointed him or of his own political party.” [National Journal, 6/8/2006]

Entity Tags: Karl C. Rove, Christopher Wray, Charles Wolfram, Federal Bureau of Investigation, John Dion, Richard (“Dick”) Cheney, Mark Corallo, Stephen Gillers, John Ashcroft, Murray Waas, Lewis (“Scooter”) Libby, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Syndicated columnist Robert Novak, who has already outed Valerie Plame Wilson as a CIA agent (see July 14, 2003), now outs the CIA front firm that was her cover. In a column reporting that Plame Wilson and her husband Joseph Wilson made campaign donations of $1,000 each to Democratic presidential candidate Al Gore in 1999, Novak notes that Plame Wilson, under her married name of Valerie E. Wilson, “identified herself as an ‘analyst’ with ‘Brewster Jennings & Associates.’ No such firm is listed anywhere, but the late Brewster Jennings was president of Socony-Vacuum oil company a half-century ago. Any CIA employee working under ‘non-official cover’ always is listed with a real firm, but never an imaginary one. Sort of adds to the little mystery.” Novak fails to mention that Joseph Wilson also donated $1,000 to the campaign of George W. Bush. He also fails to note that he has indirectly admitted that he knew Plame Wilson was an undercover CIA agent. [Town Hall (.com), 10/4/2003; Washington Post, 10/4/2003] In 2005, Joseph Wilson will tell a reporter that Novak’s outing of Brewster Jennings indicates a “pattern of disclosure,” presumably indicating that Novak’s revealing of state secrets may rise to the level of criminal behavior. [Raw Story, 7/13/2005]

Entity Tags: Joseph C. Wilson, Robert Novak, Valerie Plame Wilson, Brewster Jennings, Central Intelligence Agency, George W. Bush

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The leak of Valerie Plame Wilson’s identity as a CIA officer by conservative columnist Robert Novak (see July 14, 2003) has resulted in the exposure of a CIA front company, potentially causing widespread damage to overseas intelligence gathering. Yesterday, Novak revealed the name of the firm in another column (see October 2, 2003). The fictitious Boston firm, Brewster Jennings & Associates, appears in Federal Election Commission records on a 1999 form filled out by Plame Wilson when she donated $1,000 to the presidential campaign of Al Gore (D-TN). Once the Novak column was published, CIA officials admitted that it is a front. Brewster Jennings is listed as Plame Wilson’s employer on her 1999 tax forms, though she was working as an undercover CIA officer at the time. A former diplomat says that since Brewster Jennings and Plame Wilson have been exposed, every foreign intelligence service is running the names through their own databases to determine whether she ever visited their countries and what kinds of contacts she made there. “That’s why the agency is so sensitive about just publishing her name,” the former diplomat says. [Washington Post, 10/4/2003]
Plame's NOC Status, 'Legend' - As one of a very small, select number of “nonofficial cover” officers, Plame Wilson would have enjoyed little or no government protection had her cover been blown while she was overseas. Training officers such as her cost millions of dollars and require elaborate constructions of fictional background, called “legends,” including the creation of CIA front companies such as Brewster Jennings. The amount of damage caused by the outing of Plame Wilson and Brewster Jennings is incalculable. Former CIA counterterrorism chief Vincent Cannistraro says many other CIA agents and foreign assets are now endangered, and future attempts to convince foreign citizens to share information with US intelligence agencies will be hampered. Former CIA and State Department official Larry Johnson, who trained with Plame Wilson in 1985, says that when the damage is fully assessed, “at the end of the day, [the harm] will be huge and some people potentially may have lost their lives.” Johnson describes himself as “furious, absolutely furious” at the breach. “We feel like the peasants with torches and pitchforks,” he says. “The robber barons aren’t going to be allowed to get away with this.” Former CIA officer Jim Marcinkowski, who also trained with Plame Wilson, agrees: “This is not just another leak. This is an unprecedented exposing of an agent’s identity.” While the CIA continues to keep details of Plame Wilson’s career secret, it is known that she was attached to a US embassy in Europe in 1990 and 1991 (more information on her overseas postings will later be revealed—see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). It is known that when Novak blew her cover, she was a senior case officer for the CIA’s counterproliferation division, working with intelligence about hostile countries and WMD. “All the people who had innocent lunches with her overseas or went shopping or played tennis with her, I’m sure they are having heart attacks right now,” says one former colleague who was also in covert operations. “I would be in hiding now if I were them.” [Washington Post, 10/8/2003; Knight Ridder, 10/11/2003]
Brewster Jennings Just One of Plame Wilson's Cover Firms - Former intelligence officials confirm that Brewster Jennings was just one of several cover affiliations that Plame Wilson used when she was operating overseas. “All it was was a telephone and a post office box,” says one former intelligence officer. “When she was abroad she had a more viable cover.” [Boston Globe, 10/10/2003] Cannistraro will later add that when Plame Wilson was operating undercover outside the US, she would have had a real job with a more legitimate company. The Boston company “is not an indicator of what she did overseas.” Now, those firms are themselves in jeopardy of exposure for working with US intelligence. [Wilson, 2007, pp. 343-344] In 2007, former CIA and National Security Council official Bruce Riedel will say: “I have looked at the part of her CV that is in the open domain. The agency spent an awful lot of effort building a really good cover for this person. A lot of effort. People who say this was not a covert operative don’t understand what they’re saying. This was intended to be a nonofficial cover person who would have the credentials to be a very serious operative. The damage done to the mission of the organization by exposing her, and how cover is built, is pretty serious.” [Wilson, 2007, pp. 343]

Entity Tags: Valerie Plame Wilson, Robert Novak, Vincent Cannistraro, Jim Marcinkowski, Central Intelligence Agency, Brewster Jennings, Counterproliferation Division, Albert Arnold (“Al”) Gore, Jr., Federal Election Commission, Larry C. Johnson, Bruce Riedel

Timeline Tags: Niger Uranium and Plame Outing

At his home, White House press secretary Scott McClellan receives a call from White House chief of staff Andrew Card. Card makes a request that shocks McClellan: “The president and vice president spoke this morning. They want you to give the press the same assurance for Scooter [Lewis Libby, the vice president’s chief of staff] that you gave for [White House deputy chief of staff] Karl [Rove]” (see September 29, 2003). According to McClellan’s 2008 book What Happened, he acquiesces, “not really indicating my instinctive disinclination to do what he was directing me to do.” McClellan doesn’t want to begin absolving one official after another to the press. He has already refused to absolve Libby for the press once (see October 1, 2003), and knows “if other names started to surface… the press would be curious why I’d asked Scooter about his involvement, and why the White House wasn’t asking every staff member the same question.” However, he will write: “this was an order coming from on high. As a result, I was about to cross the line I’d drawn publicly once the investigation had gotten underway earlier in the week.” McClellan will write that he is sure President Bush had no knowledge of Libby, Rove, or anyone else being involved in leaking Plame Wilson’s identity. “I wish I could say the same about the vice president,” he will add. “I simply don’t know for sure.” [McClellan, 2008, pp. 217-218] Card makes his request shortly after Vice President Cheney writes a memo demanding Libby’s public exoneration (see October 4, 2003).

Entity Tags: Lewis (“Scooter”) Libby, Andrew Card, George W. Bush, Richard (“Dick”) Cheney, Scott McClellan, Bush administration (43)

Timeline Tags: Niger Uranium and Plame Outing

Through White House spokesmen, two senior Bush officials deny being involved in the Valerie Plame Wilson identity leak (see July 14, 2003 and July 17, 2003). Neither Lewis “Scooter” Libby, chief of staff for Vice President Dick Cheney, nor Elliott Abrams, the director of Middle East affairs for the National Security Council, were involved in the leak, according to spokesmen; the same claim has been made for White House deputy chief of staff Karl Rove. According to press secretary Scott McClellan, Libby “neither leaked the classified information, nor would he condone it.” The disclaimers are in response to reporters’ questions. [New York Times, 10/5/2003] In 2007, the prosecution in the Libby perjury trial (see January 16-23, 2007) will enter into evidence a page of undated notes taken by Libby around this time. The notes are talking points for McClellan, and indicate that McClellan should use lines such as “I’ve talked to Libby. I’ve said it was ridiculous about Karl and it is ridiculous about Libby. Libby was not the source of the Novak story. And he did not leak classified information.” Libby’s notes also advise McClellan to say something like, “Not going to protect one staffer & sacrifice the guy the Pres that was asked to stick his neck in the meat grinder because of the incompetence of others.” Cheney has crossed out the words “the Pres,” obviously not wanting McClellan to reference President Bush (see October 4, 2003). [Office of the Vice President, 9/2003 pdf file; National Public Radio, 3/7/2007]

Entity Tags: Lewis (“Scooter”) Libby, Elliott Abrams, George W. Bush, Richard (“Dick”) Cheney, Valerie Plame Wilson, Karl C. Rove, Scott McClellan

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Civil Liberties

Conservative columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July (see July 14, 2003), is interviewed by FBI agents regarding the Plame Wilson leak. The interview takes place in the offices of Swidler Berlin, a law firm that is representing Novak. Novak’s attorneys, Lester Hyman and James Hamilton, have advised Novak that he has no certain constitutional basis to refuse to obey a grand jury subpoena, and that to do so could mean imprisonment and, Novak will later write, “inevitably result in court decisions that would diminish press freedom, all at heavy personal legal costs.” Novak discloses how he learned of Plame Wilson’s identity (see July 8, 2003), but, he will write, “the FBI did not press me to disclose my sources.” [Human Events, 7/12/2006]

Entity Tags: Valerie Plame Wilson, Federal Bureau of Investigation, Swidler Berlin, James Hamilton, Robert Novak, Lester Hyman

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

White House political strategist Karl Rove testifies under oath to FBI investigators probing the Plame Wilson identity leak (see September 26, 2003). Rove says he did not speak to any journalists about Valerie Plame Wilson until after columnist Robert Novak outed her in his column (see July 14, 2003). Instead, Rove says, he circulated and discussed potentially damaging information about Plame Wilson with his colleagues within the White House as well as with outside political consultants and journalists. But he insists he was not the official who leaked Plame Wilson’s name to Novak. He only circulated that information about her after Novak’s column appeared, he says. He also claims that such dissemination was a legitimate means to counter criticism from Plame Wilson’s husband, Joseph Wilson.
Lying under Oath - Rove is lying about his role in the exposure of Plame Wilson to Novak and other journalists (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003). Rove and his lawyer, Robert Luskin, will later claim that Rove “forgot” about his discussions with at least one of the above journalists, Time’s Matthew Cooper, until he found an e-mail confirming their conversation (see After 11:07 a.m. July 11, 2003 and March 1, 2004). For reasons that are unclear, the e-mail in question does not turn up in an initial search for all documents and materials pertaining to the FBI investigation (see September 29-30, 2003). Additionally, Rove’s assistant, Susan Ralston, will later testify that Rove asked her not to log the call from Cooper (see July 29, 2005). [American Prospect, 3/8/2004; Raw Story, 10/31/2005; CounterPunch, 12/9/2005; National Journal, 5/25/2006]
Fails to Disclose 'Protection' Conversation with Reporter - Rove also fails to disclose a conversation with Novak, in which Novak promised to “protect” him during the investigation (see September 29, 2003). Rove was a source for Novak, who revealed Plame Wilson’s identity in his column (see July 14, 2003). [National Journal, 5/25/2006]
Claims to Have Learned Plame Wilson Identity from Reporter - During his testimony, Rove claims that he learned of Plame Wilson’s identity from a reporter, though he cannot remember who that reporter was. [American Prospect, 7/19/2005]
Discloses Names of Six White House Participants in Wilson Smear Campaign - Rove tells the FBI the names of at least six other White House officials involved in the smear campaign against Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). He says he and his fellow White House officials believed the campaign was justified by Wilson’s “partisan” attacks on the White House’s Iraq policies. [American Prospect, 3/8/2004]

Entity Tags: Joseph C. Wilson, Federal Bureau of Investigation, Robert Luskin, Bush administration (43), Robert Novak, Karl C. Rove, Matthew Cooper, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

The FBI says it is doubling the number of investigators it has assigned to the Plame Wilson leak investigation. Originally the investigation had about six investigators operating under the guidance of veteran FBI prosecutor and counterespionage chief John Dion (see September 26, 2003), but the bureau now says it will assign about 12 agents and other personnel to it. Because of the volume of records that may have to be reviewed, “it just made sense to increase our numbers,” says a senior FBI official. “Six people can’t do this alone.” [New York Times Magazine, 10/10/2003]

Entity Tags: Federal Bureau of Investigation, Valerie Plame Wilson, John Dion

Timeline Tags: Niger Uranium and Plame Outing

Knight Ridder reporter Warren Strobel publishes an analysis of the potential damage the Plame Wilson identity leak (see Fall 1992 - 1996 and July 14, 2003) has caused to the CIA and to US national security. According to current and former CIA officials interviewed by Strobel, revealing Plame Wilson’s identity “may have damaged US national security to a much greater extent than generally realized.” Former CIA and State Department official Larry Johnson says flatly, “At the end of the day, [the harm] will be huge and some people potentially may have lost their lives.” Strobel notes that Plame Wilson’s training cost the US “millions of dollars and requires the time-consuming establishment of elaborate fictions, called ‘legends,’ including in this case the creation of a CIA front company that helped lend plausibility to her trips overseas.” Conservative columnist Robert Novak not only outed Plame Wilson, but her front company, Brewster Jennings (see October 2, 2003), a revelation that former CIA counterterrorism chief Vincent Cannistraro says puts other CIA officers at risk as well (see October 3, 2003). Plame Wilson’s career, as a specialist in Iraqi WMD, is now over, costing the agency her expertise, knowledge, and, perhaps most irreplaceably, the network of operatives and sources she has built up over the years. Former CIA agent Jim Marcinkowski, now a prosecutor in Michigan, says: “This is not just another leak. This is an unprecedented exposing of an agent’s identity.” Johnson calls himself “furious, absolutely furious” at the security breach. [Knight Ridder, 10/11/2003] According to anonymous intelligence officials, the CIA performed an “aggressive,” in-house assessment of the damage done by her exposure, and found it to have been “severe” (see Before September 16, 2003). It is unlikely that Strobel is aware of this assessment.

Entity Tags: Warren Strobel, Robert Novak, Larry C. Johnson, Valerie Plame Wilson, Central Intelligence Agency, Brewster Jennings, Vincent Cannistraro, Jim Marcinkowski

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post publishes the second of its “1x2x6” articles (see September 28, 2003), based on the idea that one anonymous whistleblower says two White House officials have leaked the identity of CIA official Valerie Plame Wilson to six journalists. (The “1x2x6” moniker will be coined in 2006 by, among others, author and blogger Marcy Wheeler.) The article focuses on the FBI’s scrutiny of the events of June 2003, “when the CIA, the White House, and Vice President Cheney’s office first were asked about former ambassador Joseph C. Wilson IV’s CIA-sponsored trip to Niger” (see February 21, 2002-March 4, 2002). The FBI “investigators are examining not just who passed the information to [conservative columnist Robert] Novak (see July 14, 2003) and other reporters but also how Plame [Wilson]‘s name may have first become linked with Wilson and his mission, who did it, and how the information made its way around the government.” Administration sources tell the Post that the officials who discussed Plame Wilson with reporters (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003) were not trying to expose her as a CIA official so much as they were trying to imply that she sent her husband on a “junket” to Niger and thusly discredit Wilson. “The officials wanted to convince the reporters that he had benefited from nepotism in being chosen for the mission,” the Post reports. The administration tried well before the Novak column to convince journalists that Wilson’s findings in Niger (see July 6, 2003) were not important (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006). The anonymous “1x2x6” source stands by the claims he or she made for the previous Post article. [Washington Post, 10/12/2003; Marcy Wheeler, 8/29/2006] Three years later, Novak will identify White House press aide Adam Levine as the “1x2x6” source (see October 16, 2006).

Entity Tags: Adam Levine, Valerie Plame Wilson, Office of the Vice President, Bush administration (43), Washington Post, Central Intelligence Agency, Marcy Wheeler, Federal Bureau of Investigation, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

John Dickerson.John Dickerson. [Source: Writers Voice (.net)]Time magazine carries an article suggesting that White House official Karl Rove is no longer under suspicion for leaking the identity of CIA official Valerie Plame Wilson. However, at least three reporters involved in the writing and editing of the article know that Rove leaked the name, according to an analysis by the Media Matters website. The article prominently features White House press secretary Scott McClellan’s denial that Rove had any involvement in the leak (see September 29, 2003). Reporter Matthew Cooper, who himself had Plame Wilson’s identity leaked to him by Rove (see 11:00 a.m. July 11, 2003), and editors Michael Duffy and John Dickerson all know of Rove’s involvement in the leak. Duffy learned of the Rove leak from an e-mail Cooper sent him. Dickerson will later acknowledge that he, too, is aware of Rove’s leak to Cooper at the same time (see February 7, 2006). Although both Cooper and Dickerson are credited with writing the article, and Duffy edits it, none reveal their knowledge that McClellan’s denial is false and that Rove had, indeed, leaked Plame Wilson’s identity. Indeed, Media Matters will note, the article gives implicit credence to the notion that Rove is no longer under suspicion for the leak. Media Matters will also note that Dickerson will go on to co-write a January 2004 Time article with another reporter, Viveca Novak, which will say in part, “If there are culprits in the White House who leaked the identity of CIA operative Valerie Plame, they may now be dependent on reporters to protect their identities.” Media Matters will note that Dickerson was well aware that there were indeed “culprits” in the White House who outed Plame Wilson: “He knew there was at least one, and he knew who it was. Yet he told readers it was an open question and that no charges were likely.” Media Matters will also note that Novak knew at some point that Rove was Cooper’s source, though it is unclear if she knows it when she co-writes the January 2004 article with Dickerson. [Time, 1/12/2004; Media Matters, 2/6/2006] In 2005, the Los Angeles Times will report that Time magazine justified its reporting by saying it was “concerned about becoming part of such an explosive story in an election year.” [Los Angeles Times, 8/25/2005]

Entity Tags: Scott McClellan, Karl C. Rove, John Dickerson, Bush administration (43), Matthew Cooper, Michael Duffy, Valerie Plame Wilson, Viveca Novak, Media Matters

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, the chief of staff for Vice President Cheney, is interviewed by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [Office of the Vice President, 10/14/2003 pdf file; US District Court for the District of Columbia, 10/28/2005 pdf file; US District Court for the District of Columbia, 10/30/2006 pdf file; MSNBC, 2/21/2007] Libby tells investigators that in his conversations with reporters Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Matthew Cooper (see 2:24 p.m. July 12, 2003) he was careful to tell them that the information about Plame Wilson was merely “unsubtianted gossip” and not necessarily reliable. He also claims that, before he spoke to either Miller or Cooper, he learned of Plame Wilson’s CIA status from another journalist, NBC’s Tim Russert (see July 10 or 11, 2003). Libby is lying in both instances (see August 7, 2004). [US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 6/8/2006; US District Court for the District of Columbia, 10/30/2006 pdf file]

Entity Tags: Richard (“Dick”) Cheney, Judith Miller, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Matthew Cooper, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

White House press secretary Scott McClellan is interviewed by several FBI agents as part of the FBI’s investigation into the Plame Wilson leak. The FBI team is led by John Eckenrode, the senior agent who has spearheaded the bureau’s investigation. McClellan is accompanied by a White House lawyer (see October 10, 2003). He has already turned over a sheaf of documents from his work files, including an e-mail from a friend of his personal assistant, Carmen Ingwell. The friend claimed that she had attended a class or lecture at a California university several years before, at which, she said, Plame Wilson’s husband, former ambassador Joseph Wilson, told his listeners that his wife was a CIA agent. McClellan will write, “I had no idea whether the story was true or not.” The FBI questions revolve mostly around “how the White House, including the White House’s communication team, operated and interacted with the media.” After the interview, McClellan remarks to the White House lawyer, Ted Ullyot, “I was surprised they didn’t ask any substantive questions about what I might know, such as my conversations with [Karl] Rove and [Lewis] Libby.” [McClellan, 2008, pp. 222] McClellan will subsequently be interviewed a second time by the FBI (see Late October or Early November, 2003).

Entity Tags: Joseph C. Wilson, Carmen Ingwell, Federal Bureau of Investigation, Scott McClellan, John Eckenrode, Valerie Plame Wilson, Theodore W. (“Ted”) Ullyot

Timeline Tags: Niger Uranium and Plame Outing

An internal CIA memo detailing the January 2002 meeting in which former ambassador Joseph Wilson was chosen to go to Niger to find out the truth behind the Iraq-Niger uranium allegations (see February 13, 2002) is published by the Wall Street Journal. The memo is due to be turned over to the Department of Justice along with thousands of other documents as part of its investigation into the outing of Wilson’s wife, CIA agent Valerie Plame Wilson (see September 26, 2003). The document shows that while Plame Wilson was involved in the decision to send her husband to Niger, she was not responsible for making the final decision, a conclusion already verified by CIA officials (see July 22, 2003). [Wall Street Journal, 10/17/2003]

Entity Tags: Joseph C. Wilson, Central Intelligence Agency, Valerie Plame Wilson, US Department of Justice, Wall Street Journal

Timeline Tags: Niger Uranium and Plame Outing

Amnesty International publishes a report stating that it believes that “the totality of conditions” in which “most” of the detainees at Guantanamo are being held may itself amount to cruel, inhuman, or degrading treatment. Amnesty notes that the Committee against Torture, established to oversee implementation of the Convention against Torture (see October 21, 1994), “has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman or degrading treatment.” [Amnesty International, 10/20/2003]

Entity Tags: Amnesty International

Timeline Tags: Torture of US Captives

Prosecutor Patrick Fitzgerald testifies before the Senate Committee on the Judiciary about post-9/11 legislative changes, and says that the removal of the “wall” was a significant step forward for US counterintelligence. The wall was a set of procedures which regulated the passage of intelligence information within the FBI and from the FBI to prosecutors (see July 19, 1995). Fitzgerald says the removal of the wall represented “the single greatest change that could be made to protect our country.” He cites four cases that he says are examples of how the wall and other such obstacles have hampered counterterrorism efforts:
bullet The arrest of Ali Mohamed. Fitzgerald claims it would have been “far less difficult” to arrest al-Qaeda operative Ali Mohamed for his involvement in the attacks on US embassies in East Africa (see September 10, 1998) had it not been for the wall. [US Congress, 10/21/2003] However, author Peter Lance will point out, “But Fitzgerald neglected to tell the senators that… prosecutors and FBI agents had been monitoring the bombing cell members for two years or that they’d had multiple face-to-face meetings with Mohamed himself.” Mohamed, who was called a “key figure” in the Day of Terror plot in the US press in early 1995 (see February 3, 1995), had actually met Fitzgerald a year before the arrest and told him that he had trained bin Laden’s bodyguards, lived in bin Laden’s house, loved and believed in bin Laden, and that he didn’t need a fatwa to attack the US, as it was obvious the US was the enemy (see After October 1997). [Lance, 2006, pp. 274-6, 299-300]
bullet The Day of Terror conspiracy. After the partial success of the World Trade Center bombing (see February 26, 1993), the conspirators planned to attack other targets in New York, but were arrested by the FBI, which had penetrated their cell. All of the arrested plotters were successfully convicted. However, Fitzgerald tells the committee, “Prosecutors were in the dark about the details of the plot until very late in the day.” [US Congress, 10/21/2003; Lance, 2006, pp. 118-9]
bullet The Millennium Alert. Fitzgerald says that in 1999, investigations into suspected millennium plots were hampered because “criminal prosecutors received information only in part and with lag time so as not to breach the wall.” All attacks planned for the millennium failed, including one plot to bomb the Los Angeles airport (see December 31, 1999-January 1, 2000).
bullet Sharing Wadih El-Hage’s grand jury interview. In 1997, Al-Qaeda operative El-Hage provided information about bin Laden and his associates to a grand jury. Fitzgerald wanted to pass some of this information along to intelligence investigators (see September 24, 1997) but was unable to because grand jury information cannot be shared with intelligence investigators. To get around this restriction, an FBI agent had to get El-Hage to repeat the information outside the grand jury room. (Note: this example is not directly related to the “wall” under the Foreign Intelligence Surveillance Act, but rather to a similar obstacle governing the passage of information in the opposite direction—from criminal agents to intelligence agents). [US Congress, 10/21/2003]

Entity Tags: Senate Judiciary Committee, Patrick J. Fitzgerald, Federal Bureau of Investigation, Ali Mohamed, Foreign Intelligence Surveillance Act, Peter Lance

Timeline Tags: Complete 911 Timeline

Jim Marcinkowski (left) and Larry Johnson.Jim Marcinkowski (left) and Larry Johnson. [Source: CNN]Former CIA case officer Jim Marcinkowski, a former classmate of outed CIA case officer Valerie Plame Wilson (see Fall 1985), is outraged by the revelation of Plame Wilson’s CIA status and the allegations that the leak of her identity is not a crime (see July 14, 2003 and September 29, 2003). Another former classmate of Plame Wilson’s, former CIA agent Larry Johnson, says: “[W]hat I keep seeing in the newspaper is the spin and leak that this is no big deal. And that’s got to stop.… The problem with this is a lot of the damage that has occurred is not going to be seen. It can’t be photographed. We can’t bring the bodies out because in some cases it’s going to involve protecting sources and methods. And it’s important to keep this before the American people. This was a betrayal of national security.” Marcinkowski concurs: “This is an unprecedented act. This has never been done by the United States government before. The exposure of an undercover intelligence officer by the US government is unprecedented. It’s not the usual leak from Washington. The leak a week scenario is not at play here. This is a very, very serious event.” Plame Wilson was an NOC, or nonofficial cover officer (see Fall 1992 - 1996). “It was the most dangerous assignment you could take. It takes a special sort of person,” says Marcinkowski, who is now a prosecutor in Michigan. Former CIA official Kenneth Pollack agrees, describing an NOC’s identity as the “holiest of holies.” Many believe that the outrage among the rank and file of CIA agents and officials at Plame Wilson’s outing was so strong that CIA Director George Tenet had little choice but to recommend that the Justice Department investigate the leak (see September 16, 2003). Marcinkowski says: “In this particular case, it was so far over the line, I think myself and a lot of us were truly outraged that the government would do this.… I mean, we kept our mouths closed since 1985, when we joined.” Johnson, noting that both he and Marcinkowski are registered Republicans, says: “As a Republican, I think we need to be consistent on this. It doesn’t matter who did it, it didn’t matter which party was involved. This isn’t about partisan politics. This is about protecting national security and national security assets and in this case there has been a betrayal, not only of the CIA officers there, but really a betrayal of those of us who have kept the secrets over the years on this point.” [Guardian, 10/22/2003; CNN, 10/24/2003]

Entity Tags: Jim Marcinkowski, Central Intelligence Agency, George J. Tenet, Valerie Plame Wilson, Larry C. Johnson, US Department of Justice, Kenneth Pollack

Timeline Tags: Niger Uranium and Plame Outing

Three former CIA agents, Brent Cavan, Jim Marcinkowski, and Larry Johnson, and one current CIA official who declines to be identified, prepare a joint statement for the Senate Intelligence Committee. Because of problems with travel arrangements, Marcinkowski appears alone.
'You Are a Traitor and You Are Our Enemy' - In a closed session, Marcinkowski delivers their statement, which reads in part: “We acknowledge our obligation to protect each other and the intelligence community and the information we used to do our jobs. We are speaking out because someone in the Bush administration seemingly does not understand this, although they signed the same oaths of allegiance and confidentiality that we did. Many of us have moved on into the private sector, where this agency aspect of our lives means little, but we have not forgotten our initial oaths to support the Constitution, our government, and to protect the secrets we learned and to protect each other. We still have friends who serve. We protect them literally by keeping our mouths shut unless we are speaking amongst ourselves. We understand what this bond or the lack of it means. Clearly some in the Bush administration do not understand the requirement to protect and shield national security assets. Based on published information we can only conclude that partisan politics by people in the Bush administration overrode the moral and legal obligations to protect clandestine officers and security assets. Beyond supporting Mrs. Wilson with our moral support and prayers we want to send a clear message to the political operatives responsible for this. You are a traitor and you are our enemy. You should lose your job and probably should go to jail for blowing the cover of a clandestine intelligence officer. You have set a sickening precedent. You have warned all US intelligence officers that you may be compromised if you are providing information the White House does not like.… Politicians must not politicize the intelligence community. President Bush has been a decisive leader in the war on terrorism, at least initially. What about decisiveness now? Where is the accountability he promised us in the wake of Clinton administration scandals? We find it hard to believe the president lacks the wherewithal to get to bottom of this travesty. It is up to the president to restore the bonds of trust with the intelligence community that have been shattered by this tawdry incident.”
Questions from Senators - One committee member, Chuck Hagel (R-NE), asks Marcinkowski if he believes the White House can investigate itself, a reference to the White House’s promise to conduct a thorough internal investigation (see March 16, 2007). Marcinkowski replies that if the attorney general is trying to intimidate federal judges, it is unlikely that he can be trusted to conduct such an investigation. Another senator, Christopher “Kit” Bond (R-MO), challenges Marcinkowski, demanding that he cease attacking “my friend” Attorney General John Ashcroft. According to Marcinkowski’s later recollection, “A total food fight ensued,” with committee member Dianne Feinstein (D-CA) accusing Bond of trying to intimidate a witness.
Immediate Classification - A few minutes after the hearing concludes, Marcinkowski learns that the entire hearing has been declared secret by committee chairman Pat Roberts (R-KS). Marcinkowski, who is scheduled to testify again before a Democrats-only hearing the next day, is incensed. He believes that Roberts deliberately scheduled the full committee hearing to come before the Democratic hearing, so he can classify Marcinkowski’s testimony and prevent him from testifying publicly in support of Plame Wilson. Marcinkowski decides to appear before the Democratic hearing anyway. He calls a Democratic staffer and says, “You call Roberts’s office and you tell him I said that he can go straight to hell.” Marcinkowski anticipates being arrested as soon as his testimony before the Democratic committee members, not knowing that Roberts has no authority to classify anything.
Democratic Hearing - Marcinkowski, joined by Johnson and former CIA counterterrorism chief Vincent Cannistraro, testifies before the committee’s Democrats. The last question is from Senate Minority Leader Tom Daschle (D-SD), who has this question whispered to him by ranking member John D. Rockefeller (D-WV). Rockefeller says: “I would like to ask Mr. Marcinkowski, who is an attorney, one more question. Do you think the White House can investigate itself?” After the hearing, Rockefeller grabs Marcinkowski’s hand and asks, “What did you think of the food fight yesterday?” [No Quarter, 7/18/2005; Wilson, 2007, pp. 382-386]

Entity Tags: George W. Bush, Chuck Hagel, Christopher (“Kit”) Bond, Central Intelligence Agency, Bush administration (43), Brent Cavan, Dianne Feinstein, Vincent Cannistraro, Senate Intelligence Committee, Clinton administration, Larry C. Johnson, John D. Rockefeller, John Ashcroft, Tom Daschle, Jim Marcinkowski, Pat Roberts, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Former ambassador Joseph Wilson sits down with Jeff Gannon of Talon News to discuss the outing of his wife, Valerie Plame Wilson, as a CIA agent (see July 14, 2003), his trip to Niger that helped debunk the claim that Iraq tried to buy uranium from that country (see February 21, 2002-March 4, 2002 and July 6, 2003), and his concerns over the Iraq war. Wilson is unaware that Gannon is in reality James Guckert, a gay prostitute who moonlights as a fake journalist for the right-wing Talon News (see January 26, 2005 and January 28, 2005). Little of what Gannon/Guckert elicits is new information.
Access to Classified Information? - However, early in the interview, Gannon/Guckert refers to a classified memo when he says, “An internal government memo prepared by US intelligence personnel details a meeting in early 2002 where your wife, a member of the agency for clandestine service working on Iraqi weapons issues, suggested that you could be sent to investigate the reports.” The FBI will investigate Gannon/Guckert’s knowledge of the memo, but he will deny ever having seen it. It is not clear from whom he learned of the memo [Talon News, 10/28/2003; Wilson, 2007, pp. 216] , though he will insist that he received the information from “confidential sources.” [Antiwar (.com), 2/18/2005]
America Did Not Debate Redrawing the Middle East as a Rationale for War - Wilson notes that he considered “the invasion, conquest, and occupation of Iraq for the purpose of disarming Saddam [Hussein] struck me as the highest risk, lowest reward option.… [W]e ought to understand that sending our men and women to kill and to die for our country is the most solemn decision a government has to make and we damn well ought to have that debate before we get them into harm’s way instead of after.” He explains why the idea that his wife selected him for the Niger mission is incorrect. When Gannon/Guckert attempts to pin him down by citing the initial meeting in which Plame Wilson suggested Wilson for the mission (see February 13, 2002), Wilson notes, “[T]hat fact that my wife knows that I know a lot about the uranium business and that I know a lot about Niger and that she happens to be involved in weapons of mass destruction, it should come as no surprise to anyone that we know of each others activities.” Wilson says that the aims of the administration’s neoconservatives—to redraw “the political map of the Middle East,” is something that has not been debated by the nation. The US did not debate the war with Iraq “on the grounds of redrawing the map of the Middle East,” he notes.
Wilson Did Not Violate CIA Secrecy in Revealing Niger Mission - Gannon/Guckert asks if Wilson violated CIA secrecy in going public with the results of his Niger mission, as some on the right have asserted. Wilson reminds Gannon that his was not a clandestine trip, “not a CIA mission,” but an aboveboard fact-finding journey. Those circumstances were well understood by the CIA before he left for Niger.
Implications of French Complicity in Niger Allegations Debunked - Gannon/Guckert tries to insinuate that the French may have had something to do with keeping the alleged uranium sales secret, and Wilson quickly shoots that line of inquiry down, saying, “The fact that you don’t like the French or that the French seem to have favored a different approach on this is far different from the French violating UN Security Council resolutions of which they are signatories, and clandestinely transferring 500 tons of uranium to a rogue country like Iraq is a real reach.” He then describes just how impossible it would have been for the French to have facilitated such a secret uranium transfer even had it wished.
Refuses to Accuse Rove Directly - Wilson refuses to flatly name White House political strategist Karl Rove as the person behind the leaks of his wife’s clandestine identity, though he notes that Rove indeed labeled his wife “fair game” to the press (see July 21, 2003) and that Rove was in a perfect position to have orchestrated the leak. When Gannon/Guckert tells Wilson that conservative columnist Robert Novak, who first published Plame Wilson’s name and occupation, denies that the White House gave him the information on her identity, Wilson retorts, “Novak has changed his story so much that it’s hard for me to understand what he is talking about” (see September 29, 2003).
When a Leak Is Not a Leak - Gannon/Guckert brings up the allegation from New York Times columnist Nicholas Kristof that Plame Wilson was revealed as an undercover agent by Russian spy Aldrich Ames in 1994. Because Ames may have revealed Plame Wilson’s identity to the Russians, Gannon/Guckert asks, isn’t it possible that she was no longer an undercover agent? Wilson refuses to validate the Ames speculation, and finally says that the CIA would not be treating this so seriously if it were as frivolous an issue as Gannon/Guckert suggests. “[R]emember this is not a crime that has been committed against my wife or against me,” he says. “If there was a crime, it was committed against our country. The CIA has referred the matter to the Justice Department for further investigation, I don’t believe that’s a frivolous referral.” [Talon News, 10/28/2003]

Entity Tags: Federal Bureau of Investigation, James Guckert, Talon News, Robert Novak, Karl C. Rove, US Department of Justice, Central Intelligence Agency, Joseph C. Wilson, Valerie Plame Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

White House press secretary Scott McClellan is interviewed a second time by FBI agents investigating the Plame Wilson leak (see Mid-October 2003). As McClellan will later recall, this second meeting is “more targeted to what I might know.” [McClellan, 2008, pp. 222]

Entity Tags: Scott McClellan, Federal Bureau of Investigation

Timeline Tags: Niger Uranium and Plame Outing

Top: Charles Garner punches one of the seven detainees. Bottom: Lynndie England points at the word “Rapeist” written on the leg of another one of the seven detainees. Other detainees are forced to sit naked on each other in the background.Top: Charles Garner punches one of the seven detainees. Bottom: Lynndie England points at the word “Rapeist” written on the leg of another one of the seven detainees. Other detainees are forced to sit naked on each other in the background. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, detainee number 7787; Hussein Mohssein Mata al-Zayiadi, detainee number 19446; and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] At least one of them was detained on suspicion of car theft. [Los Angeles Times, 10/21/2004] When they arrive, they all have their hands tied behind their backs with plastic handcuffs. Empty sandbags (“gunnysacks”) are put over their heads. [Rolling Stone, 7/28/2004] According to an account later provided by MP Spc. Matthew Wisdom, the other MPs suddenly begin striking at the prisoners. Spc. Charles Graner, Staff Sgt. Ivan Frederick and Sgt. Javal Davis “rotate around the detainees and abuse and hit them,” Wisdom later testifies. Graner poses for a photograph with his fist, clenched as if about to strike, close to a detainee’s head. “Right after the picture [is] taken, he actually hit[s] him,” Wisdom says in his testimony. [Los Angeles Times, 8/5/2004] The MPs then throw the tied-up Iraqi men against the walls until they fall on the floor. Wisdom later recounts, “Sfc [Sgt. First Class] Snider grabbed my prisoner and threw him into a pile.” [New Yorker, 5/10/2004] Pfc. Lynndie England, who had her birthday the day before and has come to the cellblock to visit her boyfriend Spc. Graner, says the prisoners fall in what she calls a “dog pile.” [Rolling Stone, 7/28/2004] According to Wisdom, he sees “Staff Sgt. Frederic, Davis and Cpl. Graner walking around the pile hitting the prisoners.” [New Yorker, 5/10/2004] Several guards take turns leaping on top of the pile. Also present is Spc. Jeremy Sivits, who later testifies: “That is when Sgt. Davis ran across the room and lunged in the air and landed in the middle of where the detainees were. I believe Davis ran across the room a total of two times and landed in the middle of the pile of detainees.” [Washington Post, 5/22/2004] “A couple of the detainees kind of made an ‘ah’ sound, as if this hurt them or caused them some type of pain.” In the meanwhile Pfc. England and Sgt. Javal Davis stomped on the lying prisoners’ fingers and feet. Sivits heard them scream because of it. [Rolling Stone, 7/28/2004] The alleged car thief later testified during Frederick’s trial, he felt someone putting his foot on his head when he was thrown into the pile of men. “He put his whole weight on my head and on my knee. I was screaming and crying.” [Los Angeles Times, 10/21/2004] At this point, MP Sgt. Shannon K. Snider of the 372nd MP Company, who is working in an office on the top floor, hearing the cries of pain, leans over the railing and angrily yells at Sgt. Davis to stop abusing the prisoners. When Davis steps away from the pile of men, Snider leaves. “I believe that Sgt. Snider thought it was an isolated incident,” Sivits says, “and that when he ordered Sgt. Davis to stop, it was over.” [Rolling Stone, 7/28/2004] It was not. Testimony by Spc. Wisdom suggests some ringleaders among the MPs pressured the others to join in with the abuse. According to Wisdom, he too asked Davis not to stomp on toes. Davis then allegedly tells Wisdom: “Who are you to tell me to stop?” [Los Angeles Times, 8/5/2004] Wisdom witnesses Frederick hitting a prisoner “in the side of his chest.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Frederick then takes notice of Wisdom looking on. Wisdom testifies that Frederick “looked at me and said: ‘Wisdom, you’ve got to get some of this,’ meaning I should hit the detainees as well.” [Los Angeles Times, 8/5/2004] According to Wisdom’s account, he goes outside after this incident, [New Yorker, 5/10/2004] and proceeds to alert his team leader Sgt. Robert Jones. [Los Angeles Times, 8/5/2004] After Snider has left the scene, and possibly Wisdom as well, the MPs put the prisoners back to their feet and remove their handcuffs. Graner orders the detainees in Arabic to take their clothes off. Graner takes the head of one of the naked but hooded prisoners in one arm and smashes his free fist into his temple, causing the prisoner to sag down on the floor. “Damn, that hurt!” Graner says jokingly. Sivits walks over to see if the detainee is still alive. “I could tell that the detainee was unconscious, because his eyes were closed and he was not moving, but I could see his chest rise and fall, so I knew he was still alive.” Maybe this is the same incident witnessed by Wisdom, as perhaps is the following. Staff Sgt. Ivan Frederick writes an X on another detainee’s chest with his finger and says, “Watch this.” Then he punches the prisoner on the indicated spot so massively that the hooded prisoner sways backward, falls to his knees and is gasping for air. [Rolling Stone, 7/28/2004] Frederick has singled out the alleged car thief for extra punishment. “I stood him up and punched him in the chest. I was angry. They told me he was the ringleader. He hit a female soldier in the face with a rock.” [Los Angeles Times, 10/21/2004] Sivits testifies that Frederick says that “he thought he put the detainee in cardiac arrest.” [Rolling Stone, 7/28/2004] When the detainee subsequently collapses, he is checked by a female medic. She says he is “faking.” [Los Angeles Times, 10/21/2004] The seven detainees will continue to be abused into the night and will be forced to form naked human pyramids (see Evening November 7, 2003).

Entity Tags: Jeremy C. Sivits, Matthew Wisdom, Lynndie England, Nori al-Yasseri, Javal Davis, Mustafa, Sabrina Harman, Robert Jones II, Ivan L. Frederick II, Hashiem, Haydar Sabbar Abed, Ahmed, Hussein Mohssein Mata Al-Zayiadi, Charles Graner, Ahzem, Haidar, George R. Fay, New Yorker, Shannon K. Snider

Timeline Tags: Torture of US Captives

Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, Hussein Mohssein Mata al-Zayiadi, and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] They are repeatedly punched and attacked by Staff Sgt. Ivan L. Frederick, Spc. Charles Graner, and other MPs (see Evening November 7, 2003). The MPs then take out their cameras to take pictures of the seven naked men and begin putting them in humiliating poses, often placing themselves in the picture as well, smiling. Graner makes them climb on top of each other to form a human pyramid, as is reported by Spc. Sabrina Harman. [Washington Post, 5/22/2004; Rolling Stone, 7/28/2004] “They put us two on the bottom, two on top of them, and two on top of those and on top,” Al-Zayiadi will say. [Washington Post, 5/21/2004] “The pyramid lasted about 15 to 20 minutes,” according to Harman. [Washington Post, 5/22/2004] The prisoners are also made to crawl on hands and knees with MPs riding on their backs. [Rolling Stone, 7/28/2004] “They were sitting on our backs like riding animals,” Al-Zayiadi says. Meanwhile, others are taking photographs. [Washington Post, 5/21/2004] Frederick then takes hold of the prisoner whom he has singled out for additional punishment and motions him to masturbate. “I grabbed his arm by the elbow, put it on his genitals and moved it back and forth with an arm motion, and he did it.” [Los Angeles Times, 10/21/2004] He makes another detainee do the same. “I lifted his hood and gave him a hand gesture, telling him to keep doing it himself.” [New York Times, 10/21/2004] Spc. Matthew Wisdom, who complained to his team leader Sgt. Robert Jones earlier in the evening about the treatment of the detainees, returns to Tier 1A to find a naked detainee being forced to masturbate in front of another naked detainee on his knees before him. “I saw two naked detainees,” Wisdom will later recall, “one masturbating to another kneeling with its mouth open. I thought I should just get out of there. I didn’t think it was right.” [New Yorker, 5/10/2004] According to Wisdom, Frederick says to him: “Look what these animals do when we leave them alone for two seconds.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Meanwhile, Pfc. Lynndie England makes sexually suggestive comments “in a somewhat sarcastic, fun tone of voice,” according to Wisdom. [Los Angeles Times, 8/5/2004] “I heard Pfc. England shout out, ‘He’s getting hard.’” [New Yorker, 5/10/2004] Again Wisdom leaves the building to tell Sgt. Jones, who assures him the “problem [will] be addressed and dealt with,” [Los Angeles Times, 8/5/2004] and Wisdom assumes that the problem will be taken care of. [New Yorker, 5/10/2004] Others, meanwhile, are lined up and forced to masturbate. These facts are corroborated by photographs that show the MPs laughing as they look on. [Rolling Stone, 7/28/2004] Al-Zayiadi later identifies himself in one of these pictures. “They told my friend to masturbate and told me to masturbate also, while they were taking pictures,” he says. [Washington Post, 5/21/2004] In the end, Al-Zayiadi says they are tossed naked but still hooded into a cell. “They opened the water in the cell and told us to lay face down in the water and we stayed like that until the morning, in the water, naked, without clothes.” [Washington Post, 5/21/2004] One of the seven prisoners is likely Haydar Sabbar Abed who says he was originally arrested for not carrying his ID card. After being involved in a fight with an Iraqi prison employee in one of the tent camps, he is taken to the Hard Site. He later recalls: “They cut off our clothes and… told us to masturbate towards this female soldier. But we didn’t agree to do it, so they beat us.” He also says: “They made us act like dogs, putting leashes around our necks. They’d whistle and we’d have to bark like dogs. We thought they were going to kill us.” [BBC, 8/4/2004] The next day, Wisdom asks for and is granted a transfer to a job elsewhere in the prison. Although he and Sgt. Jones say they have been angered by the abuse, they do little more than mildly confront their colleagues with their objections. [Los Angeles Times, 8/5/2004] To the detainees, the experience has been harrowing. Al-Yasseri will later call it a “night which we felt like 1,000 nights.” “I was trying to kill myself,” says Al-Zayiadi, “but I didn’t have any way of doing it.” [Rolling Stone, 7/28/2004] Gen. George Fay will also describe these incidents in his report (see August 25, 2004), which he concludes was an the affair of MPs alone. He states that military intelligence “involvement in this abuse has not been alleged nor is it likely.” However, one of the pictures taken that night, depicting the “human pyramid,” is later used as a screen saver for a computer in the Hard Site. The screen saver is later seen by a female military intelligence interrogator, but she states, according to Gen. Fay, that she did not report the picture because she did not see it again. The same interrogator, Fay will report, had a “close personal relationship” with Staff Sgt. Frederick, [US Department of Defense, 8/23/2004 pdf file] one of the main instigators of the abuse that night.

Entity Tags: Javal Davis, Ivan L. Frederick II, Jeremy C. Sivits, Matthew Wisdom, Shannon K. Snider, Hussein Mohssein Mata Al-Zayiadi, Lynndie England, Nori al-Yasseri, Mustafa, Haydar Sabbar Abed, George R. Fay, Haidar, New Yorker, Hashiem, Ahmed, Charles Graner, Ahzem, Sabrina Harman, Robert Jones II

Timeline Tags: Torture of US Captives

Lynndie England smiling at pointing at the penis of one of the Abu Ghraib detainees.Lynndie England smiling at pointing at the penis of one of the Abu Ghraib detainees. [Source: Public domain]Seven Iraqi detainees in Abu Ghraib prison have been punched, attacked, and humiliated all evening long on November 7, 2003, by their US captors (see Evening November 7, 2003 and Evening November 7, 2003). This abuse continues into the early morning hours of November 8. Pfc. Lynndie England is photographed pointing at the penises of several of the same seven detainees while Charles Graner and other MPs look on. [Salon, 3/14/2006]

Entity Tags: Ahmed, Nori al-Yasseri, Lynndie England, Mustafa, Haydar Sabbar Abed, Ahzem, Charles Graner, Haidar, Hussein Mohssein Mata Al-Zayiadi, Hashiem, Ivan L. Frederick II

Timeline Tags: Torture of US Captives

Tim Russert, NBC’s bureau chief and host of Meet the Press, is interviewed by FBI agent John Eckenrode as part of the Plame Wilson leak investigation. One of the targets of the investigation, White House official Lewis Libby, has indicated that he learned about Valerie Plame Wilson’s CIA identity from Russert (see July 10 or 11, 2003). According to the report later compiled by Eckenrode, Russert recalls “one, and possibly two telephone conversations” between himself and Libby between July 6 and July 12, 2003. Eckenrode will write: “Russert does not recall stating to Libby, in this conversation, anything about the wife of former ambassador Joe Wilson. Although he could not completely rule out the possibility that he had such an exchange, Russert was at a loss to remember it, and moreover, he believes that this would be the type of conversation that he would or should remember. Russert acknowledged that he speaks to many people on a daily basis and it is difficult to reconstruct some specific conversations, particularly one which occurred several months ago.” [US District Court for the District of Columbia, 2/14/2006 pdf file]

Entity Tags: Valerie Plame Wilson, Federal Bureau of Investigation, John Eckenrode, Joseph C. Wilson, NBC News, Tim Russert, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Jack Goldsmith, the new head of the Justice Department’s Office of Legal Counsel (see October 6, 2003), finds himself embroiled in a huge, if secretive, controversy over Justice Department lawyer John Yoo’s torture memos (see January 9, 2002 and January 25, 2002). Yoo, who wrote the original memos over former OLC chief Jay Bybee’s signature, had placed the OLC in the position of asserting that torture can indeed be used against terror suspects. Goldsmith disagrees, feeling that Yoo’s definitions of torture are far too narrow and give far too much latitude to US interrogators. He also believes that Yoo’s assertions of near-unchecked presidential power to authorize torture—at the direct expense of Congressional and judicial oversight—has no legal basis. And, Goldsmith worries, the opinions could be interpreted as a clumsy, “tendentious” attempt to protect Bush officials from criminal charges. The conflict between Goldsmith and Yoo will cost the two men their friendship. “I was basically taking steps to fix the mistakes of a close friend, who I knew would be mad about it,” Goldsmith will recall in 2007. “We don’t talk anymore, and that’s one of the many sad things about my time in government.” Goldsmith decides to withdraw the follow-up March 2003 torture memo, and tells White House officials they cannot rely on it any longer. Actually doing so proves a tricky business. [New York Times Magazine, 9/9/2007]
'Serious, Serious Problems' - Goldsmith will say in September 2007: “As soon as I absorbed the opinions I realized… that my reaction to them was a big problem. The Office of Legal Counsel rarely overturns its prior opinions, and even more rarely does so within an administration, and even more rarely than that, in the same administration about something this important. I didn’t find any precedent for it. And I did not want to do anything to affect either the programs or the underlying opinions. But they were serious, serious problems, and I knew if and when I was asked to stand by them that I would have a very hard time doing so.” [Newsweek, 9/8/2007]
Pressure from Abu Ghraib Scandal - The legal and bureaucratic niceties of withdrawing the memos become moot when, in April 2004, the Abu Ghraib scandal breaks (see Mid-April 2004), and when in June 2004, the first memo is leaked to the media. “After the leak, there was a lot of pressure on me within the administration to stand by the opinion,” he later says, “and the problem was that I had decided six months earlier that I couldn’t stand by the opinion.” [New York Times Magazine, 9/9/2007] “I had determined that the analysis was flawed,” he will recall. “But I hadn’t determined the underlying techniques were illegal. After Abu Ghraib, there was enormous pressure for me to stand by the decisions… and I couldn’t do so. I had already made up my mind many months earlier and I wasn’t about to change it. But I struggled for several days with what the consequences might be of withdrawing the opinion, because I wasn’t in the position to make an independent ruling on the other techniques. I certainly didn’t think they were unlawful, but I couldn’t get an opinion that they were lawful either. So I struggled to repudiate the flawed opinion while not causing massive disruption and fright throughout the counterterrorism world related to interrogation. And I ultimately decided that I had to withdraw those and under suspicions, stand by it, because it was so thoroughly flawed.” [Newsweek, 9/8/2007]
White House Resists Change - Though Goldsmith has the support of his boss, Attorney General John Ashcroft, Ashcroft’s deputy, James Comey, and his own deputy, Patrick Philbin, he knows the White House will fight the withdrawal. Goldsmith will decide to issue the withdrawal and then resign his position (see June 17, 2004), effectively forcing the administration to either quietly accept the withdrawal, or fight it and make his resignation a media circus. “If the story had come out that the US government decided to stick by the controversial opinions that led the head of the Office of Legal Counsel to resign, that would have looked bad,” he later recalls. “The timing was designed to ensure that the decision stuck.” Vice President Dick Cheney’s chief aide, David Addington, among other White House officials, is furious over the withdrawal of the torture opinion (interestingly, White House counsel and future attorney general Alberto Gonzales will modify his own opposition to the withdrawals later, telling Goldsmith in 2007, “I guess those opinions really were as bad as you said”). [New York Times Magazine, 9/9/2007]
Expansion of Presidential Power - Addington asks Goldsmith incredulously, “Why are you trying to give away the president’s power?” Like Cheney, Addington believes, in Goldsmith’s words, “that the very act of asking for Congress’s help would imply, contrary to the White House line, that the president needed legislative approval and could not act on his own. The president’s power would diminish, Addington thought, if Congress declined its support once asked, especially if it tried to restrict presidential power in some way. Congress had balked, during the month after 9/11, at giving the president everything he had asked for in the Congressional authorization to use force and the Patriot Act. Things would only be worse in 2004 and beyond, Addington believed.” Addington’s two questions are always, Goldsmith writes, “‘Do we have the legal power to do it ourselves?’ (meaning on the president’s sole authority), and ‘Might Congress limit our options in ways that jeopardize American lives?’” While Goldsmith and his colleagues agree that the president has the power, and that seeking Congressional approval might tie the White House’s hands more so than the administration is willing to accept, Goldsmith worries that an unfavorable Supreme Court decision would undercut Bush’s authority much more so than any restrictions passed by a compliant, Republican-led Congress. Addington sees things in very simple terms: ”“We’re going to push and push and push until some larger force makes us stop,” Addington says on several occasions. Addington tells Goldsmith, “Now that you’ve withdrawn legal opinions that the president of the United States has been relying on, I need you to go through all of [the OLC terror memos] and let me know which ones you still stand by.” Goldsmith will do just that, further angering Addington. [Savage, 2007, pp. 184; Slate, 9/11/2007]
Absolute Power Required to Defend Nation - Goldsmith later writes: “He and, I presumed, his boss viewed power as the absence of constraint. These men believed that the president would be best equipped to identify and defeat the uncertain, shifting, and lethal new enemy by eliminating all hurdles to the exercise of his power. They had no sense of trading constraint for power. It seemed never to occur to them that it might be possible to increase the president’s strength and effectiveness by accepting small limits on his prerogatives in order to secure more significant support from Congress, the courts, or allies. They believed cooperation and compromise signaled weakness and emboldened the enemies of America and the executive branch. When it came to terrorism, they viewed every encounter outside the innermost core of most trusted advisers as a zero-sum game that if they didn’t win they would necessarily lose.” [Slate, 9/11/2007]

Entity Tags: John Ashcroft, John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), James B. Comey Jr., David S. Addington, Patrick F. Philbin, Alberto R. Gonzales, Bush administration (43), Daniel Levin, Jack Goldsmith, US Department of Justice

Timeline Tags: Civil Liberties

Patrick Fitzgerald.Patrick Fitzgerald. [Source: US Department of Justice]Citing potential conflicts of interest, Attorney General John Ashcroft formally recuses himself from any further involvement in the investigation of the Valerie Plame Wilson identity leak (see September 26, 2003 and September 30, 2003). The Justice Department names Patrick Fitzgerald, the US attorney for the Chicago region, to handle the investigation. In a letter to Fitzgerald authorizing the position, Deputy Attorney General James Comey writes: “I hereby delegate to you all the authority of the attorney general with respect to the department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity, and I direct you to exercise that authority as special counsel independent of the supervision or control of any officer of the department.” Many believe that Ashcroft’s continued involvement has become politically untenable, and that the investigation has reached a point where his potential conflicts of interest can no longer be ignored. The White House steadfastly denies that any of its officials leaked Plame Wilson’s name to conservative columnist Robert Novak, who first outed Plame Wilson in his column (see July 14, 2003), or any other member of the press. The FBI has already spoken to White House political adviser Karl Rove, suspected of being one of Novak’s sources; Rove has close political ties to Ashcroft. Upon Ashcroft’s recusal, the investigation was given over to Comey, who immediately named Fitzgerald to head the investigation. Fitzgerald and Comey, himself a former Manhattan prosecutor, are close friends and colleagues. [Office of the Deputy Attorney General, 12/30/2003 pdf file; Associated Press, 12/30/2003; New York Times, 12/31/2003]
Appearance of Conflict of Interest - Comey tells the press: “The attorney general, in an abundance of caution, believed that his recusal was appropriate based on the totality of the circumstances and the facts and evidence developed at this stage of the investigation. I agree with that judgment. And I also agree that he made it at the appropriate time, the appropriate point in this investigation.” Comey says that while Ashcroft denies an actual conflict of interest exists, “The issue that he was concerned about was one of appearance.” White House officials say that President Bush had no role in the decision; some White House and law enforcement officials were surprised upon learning of Comey’s decision.
Investigation Reaching into White House? - Some Democrats believe that Ashcroft’s recusal is an indication that the investigation is moving into the White House itself. Senator Charles Schumer (D-NY) says of Comey’s decision, “This isn’t everything that I asked for, but it’s close.” In regards to Fitzgerald, Schumer says, “I would have preferred to have someone outside the government altogether, but given Fitzgerald’s reputation for integrity and ability—similar to Comey’s—the glass is three-quarters full.” Governor Howard Dean (D-VT), a leading Democratic contender for the presidency, says Ashcroft’s decision “is too little, too late.” For the last three months, the investigation has been run by John Dion, the Justice Department’s chief of counterespionage. Whether Fitzgerald will ask Dion or other Justice Department investigators to remain on the case remains to be seen. “I wouldn’t be surprised if he thought maybe he ought to keep some or all of the career folks involved,” says Comey. Fitzgerald has the authority to issue subpoenas and grant immunity on his own authority, Comey confirms. “I told him that my mandate to him was very simple. Follow the facts wherever they lead, and do the right thing at all times. And that’s something, if you know this guy, is not something I even needed to tell him.” [New York Times, 12/31/2003]
Fitzgerald's 'Impressive Reputation' - Fitzgerald has earned an “impressive reputation,” in Plame Wilson’s words, as a government prosecutor. In 1993, he won a guilty plea from Mafia capo John Gambino, and a conviction against Sheikh Omar Abdul-Rahman for his role in the 1993 World Trade Center bombing (see July 3, 1993). He put together the first criminal indictment against Osama bin Laden. In 2003 he indicted former Illinois Republican governor George Ryan on fraud and conspiracy charges; in 2005, he indicted several aides of Chicago Democratic mayor Richard Daley on mail fraud. He brought charges of criminal fraud against Canadian media tycoon Conrad Black. As Plame Wilson will write, “Fitzgerald was not easily intimidated by wealth, status, or threats.”
'Belated Christmas Present' - In 2007, Plame Wilson will write: “It was a belated but welcome Christmas present. Ashcroft had clearly given some thought to his extensive financial and personal ties to Karl Rove, who even then was believed to have had a significant role in the leak, and made the right decision.” She will also add that several years after the recusal, she hears secondhand from a friend of Ashcroft’s that Ashcroft was “troubled” and “lost sleep” over the administration’s action. [Wilson, 2007, pp. 174-175]

Entity Tags: Valerie Plame Wilson, Karl C. Rove, US Department of Justice, John Dion, Patrick J. Fitzgerald, James B. Comey Jr., Bush administration (43), Charles Schumer, Howard Dean, George W. Bush, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

January 2004: Fitzgerald Seats Grand Jury

Special prosecutor Patrick Fitzgerald, investigating the Valerie Plame Wilson identity leak (see December 30, 2003), empanels a grand jury. Among the White House officials testifying before the jury will be President Bush, Vice President Dick Cheney, chief of staff Andrew Card, deputy chief of staff Karl Rove, National Security Adviser Stephen Hadley, Bush’s communications assistants Dan Bartlett and Karen Hughes, former Cheney chief of staff Lewis “Scooter” Libby, former press secretary Ari Fleischer, and current press secretary Scott McClellan (see January 2004). [MSNBC, 2/21/2007; Washington Post, 7/3/2007]

Entity Tags: Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

After Deputy Attorney General James Comey announces the naming of special prosecutor Patrick Fitzgerald to head the Plame Wilson CIA identity leak investigation (see December 30, 2003), White House press secretary Scott McClellan is contacted by Ron Roos, the FBI’s deputy counterespionage director, to arrange a time where McClellan can testify before Fitzgerald’s grand jury. This time, Roos says, he would like McClellan to come alone, without a White House lawyer (see October 10, 2003). McClellan’s sister-in-law, a former assistant district attorney, advises him to retain a lawyer, as many of his co-workers have done, but McClellan decides not to do so. Perhaps, he will later write, he was lulled by the almost-perfunctory interview sessions he has already participated in (see Mid-October 2003 and Late October or Early November, 2003). McClellan meets with Roos and other prosecutors for a pre-jury interview. This time, McClellan will recall, the interview is far more adversarial than the first two. Roos asks McClellan why he publicly exonerated Karl Rove (see September 29, 2003) and Lewis Libby (see October 4, 2003), and then asks why McClellan failed to mention in previous interviews that Rove had spoken with columnist Robert Novak. McClellan, later writing that he was “taken aback” by the question, reminds Roos that he had indeed informed them of Rove’s contact with Novak in an earlier interview. Afterwards, McClellan will write, he worries about the FBI’s “initial hard-edged approach.” [McClellan, 2008, pp. 224-225]

Entity Tags: Ron Roos, Bush administration (43), Federal Bureau of Investigation, Karl C. Rove, Scott McClellan, Lewis (“Scooter”) Libby, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald informs conservative columnist Robert Novak, the author of the column that exposed the CIA identity of Valerie Plame Wilson (see July 14, 2003), that he intends to bring waivers of journalistic confidentiality (see January 2-5, 2004) from Novak’s sources for the column, Deputy Secretary of State Richard Armitage (see July 8 or 9, 2003) and White House political strategist Karl Rove (see July 8, 2003), to a meeting with Novak. Novak will later write, “In other words, the special prosecutor knew the names of my sources.” [Human Events, 7/12/2006] Novak will speak three times to Fitzgerald’s investigators (see January 14, 2004, February 5, 2004, and September 14, 2004).

Entity Tags: Patrick J. Fitzgerald, Karl C. Rove, Valerie Plame Wilson, Robert Novak, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), is questioned by Patrick Fitzgerald, the special prosecutor investigating the Plame Wilson leak (see December 30, 2003). Novak has already discussed some of his knowledge of Plame Wilson’s covert CIA status with FBI investigators (see October 7, 2003). As with the FBI session, the Fitzgerald interview takes place at the law offices of Swidler Berlin, the firm representing Novak. Fitzgerald comes to the interview with waivers (see January 2-5, 2004) from Novak’s sources (see January 12, 2004) for his column outing Plame Wilson—White House political strategist Karl Rove and Deputy Secretary of State Richard Armitage (see July 8, 2003), as well as a waiver from CIA official Bill Harlow, who asked Novak not to divulge Plame Wilson’s identity when Novak called him with the information from his other sources that Plame Wilson was a CIA official (see Before July 14, 2003). Novak is uncomfortable in accepting that Fitzgerald’s waivers make it ethically acceptable for him to disclose the three men as his sources, but his lawyer, James Hamilton, says he will almost certainly lose a court challenge as to their propriety. Novak will later write, “I answered questions using the names of Rove, Harlow, and my primary source,” which at the time of his writing had not yet been revealed as Armitage. [Human Events, 7/12/2006] Novak will be questioned again several weeks later (see February 5, 2004).

Entity Tags: Patrick J. Fitzgerald, Bill Harlow, James Hamilton, Karl C. Rove, Robert Novak, Valerie Plame Wilson, Swidler Berlin, Richard Armitage

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The federal grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity subpoenas a large amount of White House records, including Air Force One telephone logs from the week before Plame Wilson’s public outing (see July 14, 2003); records created in July 2003 by the White House Iraq Group (WHIG—see August 2002), a White House public relations group tasked with crafting a public relations strategy to market the Iraq war to the public; a transcript of press secretary Ari Fleischer’s press briefing in Nigeria currently missing from the White House’s Web site (see 3:20 a.m. July 12, 2003); a list of guests at former President Gerald Ford’s July 16, 2003 birthday reception; and records of Bush administration officials’ contacts with approximately 25 journalists and news media outlets. The journalists include Robert Novak, the columnist who outed Plame Wilson, Newsday reporters Knut Royce and Timothy Phelps (see July 21, 2003), five Washington Post reporters including Mike Allen and Dana Priest (see September 28, 2003 and October 12, 2003), Time magazine’s Michael Duffy (see 11:00 a.m. July 11, 2003), NBC’s Andrea Mitchell (see July 8, 2003 and October 3, 2003), MSNBC’s Chris Matthews (see July 21, 2003), and reporters from the New York Times, Wall Street Journal, and the Associated Press. The subpoenas will be accompanied by a January 26 memo from White House counsel Alberto Gonzales that will set a January 29 deadline for production of the subpoenaed documents and records. Gonzales will write that White House staffers will turn over records of any “contacts, attempted contacts, or discussion of contacts, with any members of the media concerning [former ambassador Joseph] Wilson, his trip, or his wife, including but not limited to the following media and media personnel.” White House spokeswoman Erin Healy later says, “The president has always said we would fully comply with the investigation, and the White House counsel’s office has directed the staff to fully comply.” White House press secretary Scott McClellan will say: “It’s just a matter of getting it all together.… At this point, we’re still in the process of complying fully with those requests. We have provided the Department of Justice investigators with much of the information and we’re continuing to provide them with additional information and comply fully with the request for information.” [US District Court for the District of Columbia, 1/22/2004; US District Court for the District of Columbia, 1/22/2004; Newsday, 3/5/2004; Washington Post, 3/6/2004]

Entity Tags: Chris Matthews, US Department of Justice, Bush administration (43), Valerie Plame Wilson, Wall Street Journal, White House Iraq Group, Ari Fleischer, Time magazine, Alberto R. Gonzales, Andrea Mitchell, Scott McClellan, Timothy Phelps, Newsday, Gerald Rudolph Ford, Jr, Erin Healy, Dana Priest, Knut Royce, Robert Novak, NBC News, Michael Duffy, Associated Press, New York Times, MSNBC, Mike Allen

Timeline Tags: Niger Uranium and Plame Outing

Maulana Fazlur Rehman Khalil.Maulana Fazlur Rehman Khalil. [Source: Public domain]The Los Angeles Times reports that Maulana Fazlur Rehman Khalil, leader of the Pakistani militant group Harkat ul-Mujahedeen (HUM), is living and operating openly in Pakistan. He lives with his family in the city of Rawalpindi and urges his followers to fight the US. Khalil was a signatory to Osama bin Laden’s February 1998 fatwa [religious edict] that encouraged attacks on Americans and Jews anywhere in the world (see February 22, 1998). In late 1998, Khalil said, “We will hit back at [the Americans] everywhere in the world, wherever we find them. We have started a holy war against the US and they will hardly find a tree to take shelter beneath it.” The Pakistani government banned HUM in January 2002 (see Shortly After January 12-March 2002), but the group simply changed its name to Jamiat ul-Ansar and continued to operate. Then it was banned again in November 2003 (see November 2003). The Times reports that HUM is openly defying the most recent ban. HUM publishes a monthly magazine that urges volunteers to fight the US in Afghanistan and Iraq. In a recent issue published since the most recent ban, Khalil calls on followers to “sacrifice our life, property and heart” in order to help create one Muslim nation that will control the whole world. The magazine continues to appear on newsstands in Pakistan and gives announcements for upcoming HUM meetings and events, despite the group supposedly being banned.
Government Takes No Action - The Pakistani government claims not to know where Khalil is, even though his magazine publishes his contact information (Times reporters attempting to find him for an interview were detained and roughed up by his supporters.) Government officials also claim that Khalil and HUM are doing nothing illegal, even though HUM’s magazine makes clear fund-raising appeals in each issue, and Pakistani law clearly specifies that banned groups are not allowed to fund-raise. Officials also say that they don’t know where the leaders of other banned militant groups like Jaish-e-Mohammed and Lashkar-e-Toiba are, but these leaders make frequent public appearances and documents obtain by the Times show the ISI intelligence agency is closely monitoring them. Militant leader Maulana Masood Azhar has not been arrested even though his group, Jaish-e-Mohammed, was recently implicated in the attempted assassination of Pakistani President Pervez Musharraf (see December 14 and 25, 2003). [Los Angeles Times, 1/25/2004]
Link to California Suspect - In 2005, a Pakistani immigrant to the US named Umer Hayat will be arrested in California on terrorism charges. He will allegedly confess to having toured training camps in Pakistan run by Khalil, who is a family friend. He will only serve a short time for making false statements to the FBI, but his son Hamid Hayat will be sentenced to 24 years in prison on similar charges (see June 3, 2005). [Los Angeles Times, 6/9/2005]

Entity Tags: Maulana Fazlur Rehman Khalil, Harkat ul-Mujahedeen, Lashkar-e-Toiba, Umer Hayat, Jaish-e-Mohammed, Maulana Masood Azhar

Timeline Tags: Complete 911 Timeline

White House political adviser Karl Rove testifies before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). Rove acknowledges discussing Plame Wilson with columnist Robert Novak, who publicly identified her as a CIA agent (see July 14, 2003), but does not tell the jury that he also disclosed her CIA status to Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003). [New York Times, 2006] He tells the grand jury that he indeed confirmed Plame Wilson’s CIA identity for Novak, but he knew very little about her at the time. Rove says that Novak knew more about her than he did, and that he believes he learned more about Plame Wilson and her husband, Joseph Wilson, from Novak than Novak learned from him. Rove tells jurors that he may have learned Plame Wilson’s identity from a journalist or someone else outside the White House, but cannot recall that person’s name or anything about their conversation. [National Journal, 11/12/2005]

Entity Tags: Karl C. Rove, Valerie Plame Wilson, Robert Novak, Bush administration (43), Matthew Cooper

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Torture of US Captives

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), is questioned for a second time (see January 14, 2004) by Patrick Fitzgerald, the special prosecutor investigating the Plame Wilson leak (see December 30, 2003). As with the earlier interview, Fitzgerald interviews Novak at the law offices of Swidler Berlin, the firm representing him. In writing about this interview, Novak will not go into the specifics of his interrogation, but will state: “I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.” [Human Events, 7/12/2006]

Entity Tags: Patrick J. Fitzgerald, Swidler Berlin, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Acting Attorney General James Comey, who appointed US Attorney Patrick Fitzgerald as the special counsel in charge of investigating the Plame Wilson identity leak (see December 30, 2003), writes a letter to Fitzgerald confirming that he has “plenary power” in the investigation, and the authority to investigate crimes including “perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.” In essence, Comey is confirming that Fitzgerald has near-unlimited powers of investigation and prosecution, and is not limited to merely filing charges of violation of the Intelligence Identities Protection Act if he determines who leaked Valerie Plame Wilson’s identity to the press. [US Department of Justice, 2/6/2004 pdf file]

Entity Tags: James B. Comey Jr., Patrick J. Fitzgerald, Intelligence Identities Protection Act

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

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

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

Timeline Tags: Complete 911 Timeline

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), testifies before the grand jury investigating the Plame Wilson leak. Novak has already spoken to FBI investigators (see December 30, 2003) and to special prosecutor Patrick Fitzgerald (see January 14, 2004 and February 5, 2004), and disclosed the names of his three sources in the leak (see July 8, 2003 and Before July 14, 2003). Of his four appearances, Novak will later write: “I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.” [Human Events, 7/12/2006]

Entity Tags: Federal Bureau of Investigation, Valerie Plame Wilson, Robert Novak, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

The FBI orders an internal review of its files to determine whether documents related to the 1995 Oklahoma City bombing case were improperly withheld from investigators or defense lawyers. Bombing conspirator Terry Nichols, already convicted on federal charges related to the case and serving a life sentence (see June 4, 1998), faces 161 counts of first-degree murder in an upcoming trial in McAlester, Oklahoma (see May 13, 2003). Recent press reports have raised new questions as to whether Nichols’s co-conspirator, bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001), had more accomplices than just Nichols. An Associated Press report says that documents not introduced at McVeigh’s trial (see June 2, 1997) indicated that FBI agents had destroyed evidence and failed to share other information that indicated McVeigh was part of a larger group of white supremacists who may have helped him carry out the bombing (see (April 1) - April 18, 1995). McVeigh had murky ties with a group called the Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and perhaps took part in bank robberies the group carried out. Moreover, ARA members possessed explosive blasting caps similar to those McVeigh used in the bomb; additionally, a driver’s license in the name of an alias used by Roger Moore, a man robbed by Nichols as part of an attempt to finance the bombing (see November 5, 1994), was later found in the possession of ARA member Richard Guthrie. Law enforcement officials continue to insist that no evidence exists of any larger conspiracy involving anyone other than Nichols and McVeigh, and the FBI’s internal review is motivated by nothing more than “an abundance of caution.” A government official says: “If there’s information out there, that needs to be looked at. This will be a document review to ascertain whether there are documents that were relative to the investigation and that should have been reviewed during the investigation or the prosecution.” If additional records are identified, the Justice Department will determine whether records were improperly withheld from defense lawyers in the case, the official says. The FBI had to conduct a similar document review just days before McVeigh’s 2001 execution after the Justice Department disclosed that the bureau had not turned over thousands of pages of interview reports and other material to McVeigh’s lawyers (see May 10-11, 2001). [New York Times, 2/27/2004; New York Times, 3/16/2004] Also, former television reporter Jayna Davis says she has unearthed ties between McVeigh, Nichols, and Iraqi soldiers operating undercover in the US; Davis has said the FBI refused to act on her information, and has accused the agency of a cover-up (see March 20, 2001). Retired FBI agent David Cid, who worked on the original case, calls Davis’s allegations absurd. “What possible motive would we have to conceal a Middle Eastern link?” he asks. “That was our immediate first assumption anyway” (see 10:00 a.m. April 19, 1995 and After). The presiding judge in the case, District Court Judge Steven Taylor, will conduct a hearing after the FBI’s announcement, but Nichols’s trial will not be delayed. [New York Times, 2/29/2004]

Entity Tags: Richard Guthrie, Aryan Republican Army, David Cid, Jayna Davis, Terry Lynn Nichols, Roger E. (“Bob”) Moore, US Department of Justice, Federal Bureau of Investigation, Steven W. Taylor, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

White House chief of staff Lewis Libby speaks with NBC bureau chief and Meet the Press host Tim Russert. Russert has willingly testified to the FBI concerning his knowledge of the Valerie Plame Wilson identity leak (see November 24, 2003), but will resist testifying to the grand jury investigating the leak (see May 13-20, 2004 and June 2004). According to his own subsequent testimony before the grand jury (see March 24, 2004), Libby asks if Russert is willing to discuss the matter with his lawyer, but he will testify that he does not discuss anything else of substance with Russert. It is unclear whether their conversation has anything to do with Russert’s unwillingness to testify before the grand jury. [United States District Court for the District of Columbia, 3/24/2004 pdf file; Marcy Wheeler, 2/12/2007]

Entity Tags: Federal Bureau of Investigation, Tim Russert, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Al-Qaeda has released a series of video messages featuring Adam Gadahn. This one is from September 2, 2006.Al-Qaeda has released a series of video messages featuring Adam Gadahn. This one is from September 2, 2006. [Source: Public domain / Wikipedia]The Washington Post will report in May 2004, “US officials have continued investigating [Khalil] Deek’s whereabouts, a fact that is made clear since [his name has recently] appeared on US terrorist lookout lists.” Deek is a naturalized US citizen whom authorities believe was a member of an al-Qaeda cell in Anaheim, California for most of the 1990s. He was arrested in Jordan for masterminding an al-Qaeda millennium bomb plot there (see December 11, 1999). Then he was let go, apparently with US approval (see May 2001). US intelligence has a record dating back to the late 1980s of investigating Deek for a variety of criminal activities but taking no action against him (see Late 1980s, March 1993-1996, December 14-25, 1999, November 30, 1999, May 2000, December 15-31, 1999). It is not known why Deek is finally watchlisted at this time, though it is likely connected to wide publicity about Adam Gadahn. Gadahn, a Caucasian American also known as “Azzam the American,” was a member of Deek’s Anaheim cell in the mid-1990s. He moved to Afghanistan where he has since become well-known as a top al-Qaeda media spokesman. [New Yorker, 1/22/2007] Counterterrorism expert Rita Katz, who investigated Deek for the US government in the late 1990s, says it’s “a mystery” law enforcement officials have not arrested or even charged Deek as a terrorist. [Orange County Weekly, 6/17/2004] A US newspaper reporter who closely followed Deek’s career will comment that Deek seemingly “couldn’t get arrested to save his life.” [Orange County Weekly, 6/15/2006] Deek has not been hard from since. There will be unconfirmed reports that he was killed somewhere in Pakistan in early 2005, but his body has not been found. [Orange County Weekly, 6/15/2006]

Entity Tags: Adam Gadahn, United States, Khalil Deek

Timeline Tags: Complete 911 Timeline

March 5, 2004: Libby Lies to Grand Jury

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

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

Timeline Tags: Niger Uranium and Plame Outing

March 8, 2004: Court Denies Al-Marri Appeal

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

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

Timeline Tags: Torture of US Captives

Chuck Rosenberg.Chuck Rosenberg. [Source: Associated Press / Charles Dharapak]Vice President Dick Cheney challenges objections to the White House’s secret, warrantless surveillance program (see Early 2002) by Justice Department officials. Cheney makes his objections during a meeting attended by high-level White House and Justice Department officials, but this does not come to light until a 2007 testimony by Deputy Attorney General James Comey (see May 15, 2007). [Washington Post, 6/7/2007] (Comey will step down from his post in mid-2005.) [Law.com, 4/21/2005] The White House meetings take place one day before White House officials journey to Attorney General John Ashcroft’s hospital room to try to force Ashcroft to give his approval for the NSA-managed surveillance program (see March 10-12, 2004). Ashcroft will refuse to give his approval. Cheney’s key role in leading what the Washington Post calls “a fierce internal battle over the legality of the warrantless surveillance program” is not known until Comey’s 2007 testimony. The White House meeting, held to discuss Justice Department objections to the NSA program, is attended by Cheney, White House counsel and future attorney general Alberto Gonzales, Cheney’s chief counsel David Addington, and others. Comey will testify that at the time, eight Justice Department officials are prepared to resign if the White House doesn’t back down on forcing the department to sign off on the program. Those officials include FBI director Robert Mueller, US attorney Chuck Rosenberg of the northern Virginia district, and Office of Legal Counsel head Jack Goldsmith. [Washington Post, 6/7/2007]

Entity Tags: Washington Post, US Department of Justice, Robert S. Mueller III, John Ashcroft, Alberto R. Gonzales, Chuck Rosenberg, David S. Addington, Richard (“Dick”) Cheney, James B. Comey Jr., Jack Goldsmith

Timeline Tags: Civil Liberties

Attorney General John Ashcroft is visited by a squad of top White House and Justice Department officials just hours after Ashcroft underwent emergency surgery for severe, acute pancreatis, and is still recuperating in intensive care. The White House officials attempt to persuade the barely lucid Ashcroft to give his formal approval for the secret National Security Agency warrantless wiretapping surveillance program (see Early 2002), which requires the Justice Department to periodically review and approve it. [National Public Radio, 5/15/2007; Washington Post, 5/16/2007; Washington Post, 6/7/2007; Associated Press, 6/7/2007]
Comey, Goldsmith Rush to Head Off Aides - Deputy Attorney General James Comey testifies to the incident before the Senate Judiciary Committee over three years later (see May 15, 2007). Comey will recall that he and Ashcroft had decided not to recertify the surveillance program due to their concerns over its legality and its lack of oversight. On March 9, Ashcroft was rushed to the hospital with severe pancreatis. As per Justice Department procedures, Comey became acting attorney general for the duration of Ashcroft’s incapacity. The next night, just hours after Ashcroft underwent emergency surgery for the removal of his gallbladder, Comey receives an urgent phone call from Ashcroft’s aide, David Ayres, who himself has just spoken with Ashcroft’s wife Janet. Ayres tells Comey that White House counsel Alberto Gonzales and White House chief of staff Andrew Card are en route to Ashcroft’s hospital room to pressure Ashcroft to sign off on the program recertification. A furious Comey telephones FBI director Robert Mueller, and the two, accompanied by aides, race separately through the Washington, DC streets with sirens wailing to reach Ashcroft’s hospital room; they beat Gonzales and Card to the room by a matter of minutes. “I was concerned that, given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that,” Comey will testify, and will add that to him, Ashcroft appears “pretty bad off.” En route, Mueller instructs the security detail protecting Ashcroft not to allow Card or Gonzales to eject Comey from the hospital room. Card and Gonzales enter just minutes later. [Washington Post, 5/16/2007; PBS, 5/16/2007] “And it was only a matter of minutes that the door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card,” Comey will testify. “They came over and stood by the bed, greeted the attorney general very briefly, and then Mr. Gonzales began to discuss why they were there—to seek his approval for a matter.” [National Public Radio, 5/15/2007] Gonzales is holding an envelope containing an executive order from Bush. He tells Ashcroft that he needs to sign off on the order, thereby giving the wiretapping program Justice Department authorization to continue unabated. Comey will testify that Ashcroft “lifted his head off the pillow and in very strong terms expressed his view of the matter, rich in both substance and fact, which stunned me. [Ashcroft then adds] ‘But that doesn’t matter, because I’m not the attorney general. There is the attorney general,’” pointing at Comey. Gonzales and Card leave the room without ever acknowledging Comey’s presence. “I was angry,” Comey will recall. “I thought I just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me.” [Washington Post, 5/16/2007; Washington Post, 6/7/2007] “That night was probably the most difficult night of my professional life, so it’s not something I forget,” Comey will testify. [PBS, 5/16/2007] Goldsmith is also in the room; like Comey, Goldsmith receives a phone call alerting him to Gonzales’s and Card’s visit, and like Comey, Goldsmith races through the Washington streets to arrive at Ashcroft’s room minutes before Gonzales and Card arrive. He, too, is astonished at the brazen, callous approach taken by the two White House officials against Ashcroft, who he describes as laying in his darkened hospital room, with a bright light shining on him and tubes and wires protruding from his body. “Ashcroft, who looked like he was near death, sort of puffed up his chest,” Goldsmith later recalls. “All of a sudden, energy and color came into his face, and he said that he didn’t appreciate them coming to visit him under those circumstances, that he had concerns about the matter they were asking about and that, in any event, he wasn’t the attorney general at the moment; Jim Comey was. He actually gave a two-minute speech, and I was sure at the end of it he was going to die. It was the most amazing scene I’ve ever witnessed.” As Gonzales and Card leave the room, Goldsmith will recall, “Mrs. Ashcroft, who obviously couldn’t believe what she saw happening to her sick husband, looked at Gonzales and Card as they walked out of the room and stuck her tongue out at them. She had no idea what we were discussing, but this sweet-looking woman sticking out her tongue was the ultimate expression of disapproval. It captured the feeling in the room perfectly.” [New York Times Magazine, 9/9/2007] After Gonzales and Card leave the room, Comey asks Mueller to instruct the security detail not to let any more visitors into the room, except for family, without Mueller’s approval, apparently in order to keep Gonzales and Card from attempting to return. [US Department of Justice, 8/14/2007]
Cheney or Bush Behind Visit? - The hospital visit is sparked by at least two events: a meeting of White House officials a day earlier, where Vice President Dick Cheney attempted to push reluctant Justice Department officials to approve the surveillance program (see March 9, 2004), and Comey’s own refusal to certify the legality of the surveillance, as noted above. [Washington Post, 6/7/2007] Some believe that the timing of the incident shows that Cheney is the one who ordered Gonzales and Card to go to Ashcroft’s hospital room; Comey personally informed Cheney of his decision not to give his approval to the program. Speculation about Cheney’s ordering of the visit cannot be confirmed, [National Journal, 7/7/2007; National Journal, 8/16/2007] though the New York Times states flatly in an op-ed that “Vice President Dick Cheney sent Mr. Gonzales and [Card] to Mr. Ashcroft’s hospital room to get him to approve the wiretapping.” [New York Times, 7/29/2007] Three years later, Goldsmith will tell Congress that he believes Bush himself authorized the visit (see October 2, 2007).
Meeting in the White House - Minutes after the incident in Ashcroft’s hospital room, Card orders Comey to appear at a late-night meeting at the White House; Comey refuses to go alone, and pulls Solicitor General Theodore Olson from a dinner party to act as a witness to the meeting. “Mr. Card was very upset and demanded that I come to the White House immediately. After the conduct I had just witnessed, I would not meet with him without a witness present,” Comey will testify. “[Card] replied, ‘What conduct? We were just there to wish him well.’ And I said again, ‘After what I just witnessed, I will not meet with you without a witness. And I intend that witness to be the solicitor general of the United States.’” On March 11, after an al-Qaeda bombing in Madrid kills over 200 people (see 7:37-7:42 a.m., March 11, 2004, Bush recertifies the program without the approval of the Justice Department. Comey responds by drafting a letter of resignation, effective March 12. “I couldn’t stay if the administration was going to engage in conduct that the Department of Justice had said had no legal basis,” he will testify. “I just simply couldn’t stay.” Comey is not the only one threatening to resign; he is joined by Ashcroft, Mueller, Ayres, Goldsmith, Justice Department official Patrick Philbin, and others, who all intend to resign en masse if Bush signs off on the surveillance program without Justice Department support. But Ayres persuades Comey to delay his resignation; in Comey’s words, Ayres “asked me something that meant a great deal to him, and that is that I not resign until Mr. Ashcroft was well enough to resign with me.” Instead of resigning on March 12, Bush meets separately with Comey and Mueller, and promises to make changes in the program (see March 12-Mid-2004). Those changes have never been disclosed, though some changes are later found to be the creation of a secret review court to oversee the surveillance court, and the clarification of what exactly constitutes “probable cause” for surveillance. Comey will testify,…“Director Mueller came to me and said that, ‘The president told me that the Department of Justice should get this where it wants to be—to do what the department thinks is right.’ And I took that mandate and set about to do that, and I accomplished that.” [Newsweek, 1/9/2006; National Public Radio, 5/15/2007; New York Times, 5/15/2007; Washington Post, 5/16/2007; PBS, 5/16/2007; Associated Press, 6/7/2007] Goldsmith recalls his surprise when Congress later approves the program and brings it somewhat under the supervision of the FISA court. “I was sure the government was going to melt down,” Goldsmith says in 2007. “No one anticipated they were going to reverse themselves.” [New York Times Magazine, 9/9/2007]
Did Gonzales Break the Law? - It is also possible that Gonzales and Card may have broken the law in discussing classified information in a public venue. “Executive branch rules require sensitive classified information to be discussed in specialized facilities that are designed to guard against the possibility that officials are being targeted for surveillance outside of the workplace,” says law professor Neal Katyal, a national security adviser under Bill Clinton. “The hospital room of a cabinet official is exactly the type of target ripe for surveillance by a foreign power. And the NSA program is particularly sensitive. One government official familiar with the program notes, “Since it’s that program, it may involve cryptographic information,” some of the most highly protected information in the intelligence community. The law governing disclosure of classified information is quite strict, and numerous government and military officials have been investigated for potential violations in the past. “It’s the one you worry about,” says the government official. Katyal says that if Gonzales did indeed break the law, the Justice Department cannot run any investigation into the matter: “The fact that you have a potential case against the Attorney General himself calls for the most scrupulous and independent of investigations.” Many others are dismayed and confused by the contradictions between the absolute secrecy surrounding the program, and Gonzales’s and Card’s willingness to openly discuss it in such an insecure location, and in front of witnesses not cleared to hear details about the program—including Ashcroft’s wife, who is present in the room while the officials seek her husband’s signature. Former NSA general counsel Elizabeth Parker says not enough is known about the meeting to be sure whether or not the law was broken. “Obviously things can be discussed in ways that don’t divulge highly classified information,” she says. “The real issue is what is it about this program that is so classified that can’t allow it to be discussed in a Congressional setting, even a closed Congressional hearing. In order to have confidence in what this program is all about, one needs to understand better what the approach is and how it affects the rights of American citizens.”
'Horrible' Judgment - John Martin, who oversaw Justice’s counterintelligence division for 26 years, calls Gonzales’s and Card’s attempt to override Comey’s authority as acting attorney general as more than just “bad judgment.” Martin calls their judgement “horrible…they both knew or should have known that the Attorney General while he was so incapacitated had delegated his power to his deputy Jim Comey. Comey’s actions were heroic under the circumstances.” [Time, 5/17/2007]
Snow Dismisses Concerns - In May 2007, after Comey’s testimony to the Senate hits the media, White House press secretary Tony Snow dismisses any concerns about the inappropriateness of Gonzales’s and Card’s pressuring of Ashcroft in his hospital room, and skips over the fact that Comey, not Ashcroft, had the final authority of the Attorney General at the time. “Because he had an appendectomy, his brain didn’t work?” Snow will say of Ashcroft. “Jim Comey can talk about whatever reservations he may have had. But the fact is that there were strong protections in there, this program has saved lives and it’s vital for national security and furthermore has been reformed in a bipartisan way.” Judiciary Committee member Charles Schumer (D-NY) has a different take on the incident: “What happened in that hospital room crystallized Mr. Gonzales’ view about the rule of law: that he holds it in minimum low regard.” [Associated Press, 6/7/2007] Senate Democrats are preparing to introduce a resolution of no-confidence against Gonzales. [Time, 5/17/2007]

Entity Tags: National Security Agency, George W. Bush, Jack Goldsmith, James B. Comey Jr., John Ashcroft, Elizabeth Parker, Janet Ashcroft, Richard (“Dick”) Cheney, John Martin, David Ayres, Alberto R. Gonzales, Andrew Card, US Department of Justice, Charles Schumer, Theodore (“Ted”) Olson, Tony Snow, Robert S. Mueller III, Senate Judiciary Committee, Patrick F. Philbin, Neal Katyal

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

After senior Justice Department officials object to the possible illegality of the National Security Agency’s secret domestic surveillance program, and refuse to sign off on its continued use, the program is suspended for several months while Justice Department officials conduct a secret audit of the program. Attorney General John Ashcroft will recertify the program at the end of the month (see Late March, 2004). The suspension is prompted by acting Attorney General James Comey’s refusal to approve the program when it comes up for its regular 45-day review, and a subsequent late-night hospital visit by White House officials Andrew Card and Alberto Gonzales to the hospital room of Attorney General John Ashcroft, where they unsuccessfully attempt to pressure Ashcroft, recuperating from surgery, to overrule Comey and approve the program (see March 10-12, 2004). Bush himself has personally reauthorized the program over 30 times since its inception after the 9/11 attacks (see Early 2002), and reauthorizes it himself after Comey and Ashcroft refuse to give it their approval. This reauthorization prompts a threat of mass resignations by Justice Department officials unless the program is brought under increased oversight. Bush will allow the Justice Department to recommend changes to the program, though those changes have never been made public. The Justice Department audits a selection of cases to see how the NSA is running the program, scrutinizing how NSA officials determine that they have probable cause to wiretap US citizens’ phones and e-mail accounts. The results of that audit have not been made public. When the program was first authorized by Bush’s executive order in early 2002, it was so secret that then-Deputy Attorney General Larry Thompson, who was active in most of the government’s most highly classified counterterrorism operations, was not given access to the program. That decision, among other elements of the program, led many Justice Department officials to worry that the program was operating outside of the Constitution and without proper oversight. Comey, Thompson’s successor, was eventually given authorization to take part in the program and to review intelligence data produced by it. Justice Department officials say that Comey takes part in overseeing the reforms that are put into place during the current audit. However, those reforms do not restrict the NSA’s authority to independently choose its eavesdropping targets, and NSA shift supervisors have the authority to decide for themselves whether there is enough evidence against a US citizen to warrant a secret wiretap. No one at the Justice Department or in the White House needs to be consulted before a wiretap is put into place. [New York Times, 12/31/2005]

Entity Tags: US Department of Justice, National Security Agency, Larry D. Thompson, Associated Press, James B. Comey Jr., John Ashcroft, Alberto R. Gonzales, George W. Bush, Andrew Card

Timeline Tags: Civil Liberties

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

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

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

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

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

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: US Domestic Terrorism

March 24, 2004: Libby Lies to Grand Jury Again

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: George W. Bush, Philip Shenon

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

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

Entity Tags: Khalid Shaikh Mohammed, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Attorney General John Ashcroft recertifies the NSA’s warrantless wiretapping program as being within the law, three weeks after he and his deputy, James Comey, refused to certify it. The program had come under question in early 2004, when Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel, wrote to Ashcroft and Comey expressing his doubts about the program’s legality (see September 9, 2007). For those three weeks, the program operated without Justice Department approval; President Bush personally recertified it himself, though it was suspended and subjected to an internal review (see March 12-Mid-2004). Ashcroft had previously refused to recertify the program while recuperating from surgery, despite pressure from White House officials Alberto Gonzales and Andrew Card (see March 10-12, 2004). Ashcroft, Comey, Goldsmith, and other Justice Department officials had even threatened to resign en masse if Bush recertified the program without their department’s support; Bush promised to revamp the program to address Ashcroft and Comey’s objections to the program, though what those changes are remains unclear. [Boston Globe, 5/16/2007; Associated Press, 6/7/2007]

Entity Tags: Andrew Card, Alberto R. Gonzales, George W. Bush, Jack Goldsmith, National Security Agency, James B. Comey Jr., US Department of Justice, John Ashcroft

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

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

Entity Tags: George W. Bush

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

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A deranged Abu Ghraib detainee wanders the halls covered in human feces on December 12, 2003. MP Ivan Frederick stands behind him with a stick.A deranged Abu Ghraib detainee wanders the halls covered in human feces on December 12, 2003. MP Ivan Frederick stands behind him with a stick. [Source: Public domain]The Abu Ghraib prison photos are leaked to CBS. The network informs the Pentagon that it will broadcast a story on the prison abuses and include the photos. But the network delays broadcasting the story at the request of Gen. Richard Myers. [Guardian, 4/30/2004; CBS News, 5/6/2004; Los Angeles Times, 5/6/2004; CNS News, 5/7/2004]

Entity Tags: Richard B. Myers

Timeline Tags: Torture of US Captives

Deputy Solicitor General Paul Clement appears before the Supreme Court to argue for the administration in Hamdi v. Rumsfeld (see June 28, 2004). Clement argues that the Court has no role in the White House’s decision to hold suspected terrorists designated as “enemy combatants” without trial or charge. During oral arguments, several of the justices ask Clement if the Bush administration considers itself bound by the Convention against Torture (see October 21, 1994). Clement replies, “The United States is signatory to conventions that prohibit torture and that sort of thing, and the United States is going to honor its treaty obligations.” He continues: “I wouldn’t want there to be any misunderstanding about this. It’s also the judgment of those involved in this process that the last thing you want to do is torture somebody or do something along those lines.” That evening, CBS’s 60 Minutes II airs the first photos of tortured prisoners at Abu Ghraib (see April 28, 2004). [Oral Arguments, Hamdi v. Rumsfeld, 4/28/2004 pdf file; Savage, 2007, pp. 188-189]

Entity Tags: Convention Against Torture, Paul Clement, US Supreme Court, Bush administration (43)

Timeline Tags: Civil Liberties

In Iraq, this photo is commonly called “The Statue of Liberty.”In Iraq, this photo is commonly called “The Statue of Liberty.” [Source: Public domain]Media outlets in the US, other than CBS, appear less interested in the Abu Ghraib scandal than elsewhere. The Guardian of London notes, “[I]t was no surprise that newspapers around the world made huge, horrified play of the events at the Abu Ghraib prison. It was more of a surprise, however, that the story did not receive the same level of coverage in the US papers.” [Guardian, 4/30/2004] People in the Middle East are generally outraged. For instance, Abdel-Bari Atwan, editor of the influential Arab newspaper Al Quds Al Arabi, says in response, “The liberators are worse than the dictators.” He adds, “This is the straw that broke the camel’s back for America.” [Reuters, 4/30/2004] The scandal also causes outrage in Iraq, and polls show it turns most of the population against the US-led occupation (see April-May 2004). For many in Iraq, the iconic photo of a detainee standing on a box and threatened with electrocution becomes derisively known as “The Statue of Liberty.” [Newsweek, 7/19/2004]

Entity Tags: Abdel-Bari Atwan

Timeline Tags: Torture of US Captives

Major General Geoffrey Miller says during a Coalition Provisional Authority briefing that while physical contact between the interrogator and detainees is prohibited, “sleep deprivation and stress positions and all that could be used—but they must be authorized.” (see April 16, 2003) But as Amnesty International later notes in a letter to George Bush, “The United Nations Committee against Torture, the expert body established by the Convention against Torture (see October 21, 1994) has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman, or degrading treatment.” [Amnesty International, 5/7/2004]

Entity Tags: Geoffrey D. Miller, George W. Bush, Amnesty International

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Vice President Dick Cheney is interviewed in his office by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Cheney is asked if he knows who, if anyone, in the White House might have leaked Plame Wilson’s identity to the press. He is asked about conversations with his senior aides, including his chief of staff, Lewis “Scooter” Libby. He is also asked whether he knows of any concerted effort by White House officials to leak Plame Wilson’s identity. Cheney is not questioned under oath, and has not been asked to testify before the grand jury. He is represented by two lawyers, Terrence O’Donnell and Emmet Flood. [Federal Bureau of Investigation, 5/8/2004 pdf file; New York Times, 6/5/2004]
Cheney Evades, Refuses to Answer Questions - In October 2009, an FBI interview summary regarding Cheney’s testimony will be released (see October 1, 2009). According to the document, Cheney equivocates or refuses to answer 72 times during his interview, either saying he cannot be certain about the information requested, or that he does not know.
Denies Informing Libby about Plame Wilson's CIA Status - One of the most fundamental questions Cheney is asked is about how Libby learned about Plame Wilson’s identity. Libby’s own notes indicate that he learned it from Cheney, and that he had shared his notes with Cheney in late 2003 (see Late September or Early October, 2003), in defiance of instructions from the FBI and the White House counsel’s office not to share information with colleagues (see September 29-30, 2003). But in his testimony, Cheney “cannot recall Scooter Libby telling him how he first heard of Valerie Wilson. It is possible Libby may have learned about Valerie Wilson’s employment from the vice president… but the vice president has no specific recollection of such a conversation.” [Federal Bureau of Investigation, 5/8/2004 pdf file; Associated Press, 11/2/2009] Cheney testifies that contrary to the evidence, he learned of Plame Wilson’s CIA status from Libby, who informed him that a number of reporters had contacted Libby in July 2003 to say that Plame Wilson had been responsible for arranging her husband’s trip to Niger to investigate the Niger uranium claims. Cheney says that the next time he heard about Plame Wilson and her connection to her husband was when he read Robert Novak’s article outing her as a CIA officer (see July 14, 2003). Cheney is lying; he informed Libby of Plame Wilson’s identity (see (June 12, 2003)).
Denies Knowledge of Wilson Trip to Niger - He also denies knowing that Plame Wilson’s husband, war critic and former ambassador Joseph Wilson, was sent to Niger to investigate claims that Iraq was attempting to buy uranium from that country (see (February 13, 2002) and February 21, 2002-March 4, 2002), and says the CIA never briefed him about Wilson’s trip (see March 5, 2002). Future testimony will challenge Cheney’s claims, as witnesses will testify that Cheney, Libby, Deputy National Security Adviser Stephen Hadley, the Defense Department, the State Department, the Defense Intelligence Agency, the Joint Chiefs of Staff, the National Security Council, and President Bush were all given copies of a CIA cable sent to Cheney’s office that debunked the Niger claims (see December 2001, Shortly after February 12, 2002, March 5, 2002, February 12, 2002, March 8, 2002, October 15, 2002, Mid-October 2002, October 18, 2002, January 2003, and March 8, 2003). [Federal Bureau of Investigation, 5/8/2004 pdf file; Truthout (.org), 2/15/2006]
Refuses to Answer about WMD NIE - Prosecutor Patrick Fitzgerald, leading the interview, presses Cheney to discuss evidence that shows he pressured Bush to quickly declassify portions of the October 2002 National Intelligence Estimate on Iraqi WMD (see October 1, 2002) for the purpose of making the case for invading Iraq. Libby provided selected NIE information to New York Times reporter Judith Miller while simultaneously leaking Plame Wilson’s identity to her (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and other reporters. Cheney refuses to confirm that he discussed anything regarding the NIE with Bush, saying that he could not comment on any private or privileged conversations he may have had with the president. Libby has already testified to the declassification of the NIE, telling prosecutors that he talked to Miller following the “president’s approval relayed to me through the vice president.”
Insists Plame Wilson's Identity Never Used to Discredit Husband - Cheney insists that no one in the White House ever talked about leaking Plame Wilson’s CIA status to the press in an attempt to discredit her husband. There was never any discussion, Cheney says, of “pushing back” on Wilson’s credibility by raising the issue of nepotism, the fact that his wife worked for the CIA, the same agency that dispatched him to Niger to run down the report of an agreement to supply uranium to Iraq. In his own testimony, Libby was far less emphatic, saying “[i]t’s possible” he may have discussed the idea with Cheney. Both men lie in their testimony (see March 9, 2003 and After, May 2003, June 3, 2003, June 9, 2003, June 11 or 12, 2003, (June 11, 2003), 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), June 19 or 20, 2003, July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and 7:35 a.m. July 8, 2003). [Federal Bureau of Investigation, 5/8/2004 pdf file; Associated Press, 11/2/2009] Cheney tells prosecutors that he and his office were merely interested in rebutting Wilson’s criticisms of the war effort, and wanted to dispel the notion among some reporters that he had selected Wilson for the Niger trip. In 2006, an attorney close to the case will say: “In his testimony the vice president said that his staff referred media calls about Wilson to the White House press office. He said that was the appropriate venue for responding to statements by Mr. Wilson that he believed were wrong.” [Federal Bureau of Investigation, 5/8/2004 pdf file; Truthout (.org), 2/15/2006] In June 2009, the Department of Justice will reveal that Cheney and Bush had discussed the leak in a “confidential conversation” and “an apparent communication between the vice president and the president.” [Truthout (.org), 7/7/2009]

Entity Tags: Terrence O’Donnell, US Department of State, Valerie Plame Wilson, Stephen J. Hadley, US Department of Defense, Robert Novak, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Emmet Flood, Defense Intelligence Agency, Bush administration (43), Federal Bureau of Investigation, George W. Bush, Joint Chiefs of Staff, National Security Council, Judith Miller, Joseph C. Wilson, Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Niger Uranium and Plame Outing

A Pentagon report determines that conditions at the detention facilities at Guantanamo Bay, Cuba, and Charleston, South Carolina used to house “enemy combatants” are problematic at best. The facilities house three designated enemy combatants: Jose Padilla (see May 8, 2002), Yaser Esam Hamdi (see December 2001), and Ali Saleh Kahlah al-Marri (see December 12, 2001). The report, entitled “Brief to the Secretary of Defense on Treatment of Enemy Combatants Detained at Naval Station Guantanamo Bay, Cuba, and Naval Consolidated Brig Charleston,” is written by the Navy’s Vice Admiral A.T. Church III and by Marine Brigadier General D.D. Thiessen. The focus of the report is to “[e]nsure Department of Defense orders concerning proper treatment of enemy combatants.” The report documents extensive problems at both locations. It cites the following as some of the problems:
bullet “One detainee has Koran removed from cell as part of JFCOM [Joint Forces Command] interrogation plan. Muslim chaplain not available.”
bullet “One detainee in Charleston has mattress removed as part of JFCOM-approved interrogation plan.”
bullet “One detainee in each location currently not authorized ICRC [Red Cross] visits due to interrogation plans in progress.”
bullet “One detainee in Charleston has Koran, mattress, and pillow removed and is fed cold MREs as part of interrogation plan.” This citation has a footnote that reads, “After completion of current interrogation,” removal of the Koran as an incentive to answer questions “will no longer be used at Charleston.”
bullet “Limited number and unique status of detainees in Charleston precludes interaction with other detainees. Argument could be made that this constitutes isolation.”
bullet At the Charleston brig, “Christian chaplain used to provide socialization, but could be perceived as forced proselytization.”
Nonetheless, the report concludes, “No evidence of noncompliance with DoD orders at either facility.” The authors assume that “treatment provided for in presidential and SECDEF orders constitutes ‘humane treatment.’” [Progressive, 3/2007] When Church presents his report to journalists (see May 12, 2004), he says he only found eight “minor infractions.”

Entity Tags: US Department of Defense, Jose Padilla, D.D. Thiessen, Ali Saleh Kahlah al-Marri, Albert T. Church III, Yaser Esam Hamdi

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Niger Uranium and Plame Outing

A newspaper article reveals that Ptech, the Boston-based computer company with ties to Yassin al-Qadi and other suspected terrorist financiers (see 1994), is still continuing its business under a different name. The article states, “Although no one associated with the company has been charged, the US attorney’s office has never issued a statement exonerating the company or ending the investigation.” Ptech is now called GoAgile. The company lost many customers in the wake of the widely-publicized raid on its offices in 2002 (see December 5, 2002). However, CEO Oussama Ziade states, “We still have government agencies as customers, including the White House.” [Patriot Ledger, 5/14/2004; FrontPage Magazine, 6/17/2005]

Entity Tags: Oussama Ziade, Ptech Inc.

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

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

Entity Tags: 9/11 Commission, John Farmer

Timeline Tags: Complete 911 Timeline

Rene Lerner, a deputy assistant attorney general in the Office of Legal Counsel (OLC), and Justice Department lawyer Adrien Silas send a memo to Assistant Attorney General William Moschella. The memo will remain classified, but the American Civil Liberties Union (ACLU) will learn that it pertains to the so-called “McCain Amendment,” later known as the Detainee Treatment Act (see December 15, 2005). President Bush will sign the bill into law, but will include a signing statement that states the administration will not follow the law because it impinges on the president’s constitutional authority to conduct military operations (see December 30, 2005). It is unclear whether Bush’s signing statement is influenced by the memo. [ProPublica, 4/16/2009]

Entity Tags: Detainee Treatment Act, Adrien Silas, American Civil Liberties Union, US Department of Justice, Rene Lerner, Office of Legal Counsel (DOJ), George W. Bush, William E. Moschella

Timeline Tags: Civil Liberties

Rudolph Giuliani testifying before the 9/11 Commission.Rudolph Giuliani testifying before the 9/11 Commission. [Source: Gotham Gazette]The second day of the 9/11 Commission hearings about the emergency response on the day of the attacks is dominated by questioning of former New York Mayor Rudy Giuliani, which Commission Chairman Tom Kean and Vice Chairman Lee Hamilton will describe as the Commission’s “low point.” [Kean and Hamilton, 2006, pp. 226-228] Giuliani had become a hero after the attacks, winning the Time magazine Person of the Year award, and the Commission was aware that it had to be careful about how it handled material it had uncovered putting him in a bad light (see Before May 17, 2004 and May 18, 2004). [Time, 12/22/2001] However, commissioner John Lehman had attacked the city’s preparedness the previous day, leading to a major row (see May 18, 2004). Author Philip Shenon will describe the hearing as a “Rudy Giuliani lovefest,” pointing out that, “Many of the questions directed at Giuliani by the commissioners barely qualified as softballs, they were so gentle.” [Shenon, 2008, pp. 355-356]
'The Captain Was on the Bridge' - Kean and Hamilton will admit that every commissioner “opens his or her questioning with lavish praise.” For instance, Richard Ben-Veniste says, “Your leadership on that day and in the days following gave the rest of the nation, and indeed the world, an unvarnished view of the indomitable spirit and the humanity of this great city, and for that I salute you.” Jim Thompson thanks Giuliani for “setting an example to us all.” Lehman says: “There was no question the captain was on the bridge.” Kean says, “New York City on that terrible day in a sense was blessed because it had you as a leader.” [Kean and Hamilton, 2006, pp. 226-228]
'Stop Kissing Ass!' - However, Giuliani suggests that hundreds of firefighters died when the North Tower collapsed because they had chosen to remain in the building, not because they had not received the order to evacuate due to problems with their radio system. This angers some of the audience members, who shout out, “Talk about the radios!” “Put one of us on the panel—just one of us!” “Stop kissing ass!” and: “My brother was a fireman, and I want to know why three hundred firemen died. And I’ve got some real questions. Let’s ask some real questions. Is that unfair?” [Shenon, 2008, pp. 355-356]
'We Did Not Ask Tough Questions' - Kean and Hamilton will later write: “The questioning of Mayor Giuliani was a low point in terms of the Commission’s questioning of witnesses at our public hearings. We did not ask tough questions, nor did we get all of the information we needed to put on the public record. We were affected by the controversy over Lehman’s comments, and by the excellent quality of the mayor’s presentation.” [Kean and Hamilton, 2006, pp. 226-228]

Entity Tags: Rudolph (“Rudy”) Giuliani, Richard Ben-Veniste, Philip Shenon, John Lehman, James Thompson, Lee Hamilton, Thomas Kean

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Newsweek reveals the existence of the January 9, 2002 draft memo written by Justice Department lawyers John Yoo and Robert Delahunty (see January 9, 2002). [Newsweek, 5/21/2004]

Entity Tags: Robert J. Delahunty, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

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

Entity Tags: Vincent Cannistraro

Timeline Tags: Complete 911 Timeline

The New York Times learns that President Bush is retaining the services of lawyer James Sharp to represent him in the Valerie Plame Wilson identity leak case (see December 30, 2003). Sharp has represented numerous high-profile clients, including two key figures in the Nixon Watergate scandal, a senator accused of bribery, and Enron’s Kenneth Lay. Friends and colleagues describe Sharp as “an absolutely superb trial lawyer,” but “a very private guy.” Sharp’s political leanings are unclear, but his donation records show that he has regularly given more money to Democratic candidates than Republican, including contributing to the campaign of Bush’s challenger, Senator John Kerry (D-MA). He has represented both Democrats and Republicans in a variety of court cases. He is a former Navy lawyer with the Judge Advocate General Corps, and has served as a federal prosecutor. [New York Times, 6/5/2004]

Entity Tags: George W. Bush, James Sharp

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post reveals the existence of a secret August 2002 memo from the Justice Department. This memo advised the White House that torturing al-Qaeda terrorists in captivity “may be justified,” and that international laws against torture “may be unconstitutional if applied to interrogations” conducted in the US war on terrorism (see August 1, 2002). The legal reasoning was later used in a March 2003 report by Pentagon lawyers assessing interrogation rules governing the military detention center at Guantanamo Bay (see March 6, 2003). Bush officials say that despite the memo, it has abided by the Geneva Conventions and other international treaties proscribing torture (see February 7, 2002). The incidents at Abu Ghraib, where numerous Iraqi prisoners were tortured, maimed, and sometimes murdered, were not policy, officials say. Human rights organizations and civil libertarians are appalled at the memo. “It is by leaps and bounds the worst thing I’ve seen since this whole Abu Ghraib scandal broke,” says Tom Malinowski of Human Rights Watch. “It appears that what they were contemplating was the commission of war crimes and looking for ways to avoid legal accountability. The effect is to throw out years of military doctrine and standards on interrogations.” A senior Pentagon official says that the Judge Advocate Generals (JAGs) were quick to challenge the Justice Department opinion when it was promoted by the Pentagon. “Every flag JAG lodged complaints,” the official says. A senior military attorney says of the memo: “It’s really unprecedented. For almost 30 years we’ve taught the Geneva Convention one way. Once you start telling people it’s okay to break the law, there’s no telling where they might stop.” [Washington Post, 6/8/2004] Attorney General John Ashcroft tells the Senate Judiciary Committee that he will not discuss the contents of the August 2002 memo, nor turn it over to the committee. “I believe it is essential to the operation of the executive branch that the president has the opportunity to get information from the attorney general that is confidential,” he says. [Washington Post, 6/8/2004]

Entity Tags: Senate Judiciary Committee, Bush administration (43), Geneva Conventions, John Ashcroft, Tom Malinowski, US Department of Justice, Judge Advocate General Corps, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

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

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Hikmat Shakir Ahmad, Ahmad Hikmat Shakir

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith (see June 17, 2004), Deputy Attorney General Jack Comey, and Justice Department lawyer Patrick Philbin brief reporters on the OLC’s decision to withdraw the department’s memos authorizing torture (see June 22, 2004). Comey explains that the statements about potential defenses against war crimes charges, and the commander in chief’s power to ignore anti-torture laws and treaties, are nothing more than “broad academic theories” that had never actually been relied upon to formulate policy. The “golden shield” memo (see August 1, 2002) is “under review and will be replaced with analysis limited to the legality of actual al-Qaeda interrogation practices and the torture statutes and other applicable laws.” Goldsmith’s decision to withdraw the memos causes what author and reporter Charlie Savage will later term “a final burst of apoplexy among the hard-liners on the Bush-Cheney legal team.” OLC lawyer John Yoo, who authored many of the withdrawn memos, will later write that Goldsmith’s decision set “a terrible precedent” and rendered “Justice Department judgments on the law… just one more political target open to political attack and political negotiations.” Yoo will accuse Goldsmith and Comey of being “too worried about public perceptions” of the department’s work. [Savage, 2007, pp. 190-191]

Entity Tags: US Department of Justice, Charlie Savage, Jack Goldsmith, James B. Comey Jr., John C. Yoo, Patrick F. Philbin, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives

President Bush is interviewed for over an hour as part of the ongoing investigation into the Valerie Plame Wilson identity leak (see December 30, 2003). Bush, who is not sworn in, is interviewed by a team of federal prosecutors led by special counsel Patrick Fitzgerald. His lawyer, James Sharp (whom Bush has nicknamed “Shooter”), is also present during questioning (see June 5, 2004). White House press secretary Scott McClellan refuses to divulge any details of what Bush says to his interviewers, only telling reporters: “The leaking of classified information is a very serious matter. The president directed the White House to cooperate fully with those in charge of the investigation. He was pleased to do his part to help the investigation move forward.” Fitzgerald has already interviewed Vice President Dick Cheney (see May 8, 2004), and has called several current and former White House officials to testify before a grand jury. He has also subpoenaed a number of records, including White House phone logs. McClellan confirms that the interview with Bush and Sharp lasted about 70 minutes; asked if the White House had set a time limit on the interview, he says it would be “wrong to characterize it that way.” Even though Bush does not testify under oath, federal law requires him to be truthful in his statements, and he could be charged with making false statements if prosecutors found he lied or was evasive. [New York Times, 6/25/2004; McClellan, 2008, pp. 228]
Directly Contradicting Cheney - The media will later learn that Bush says he personally directed Cheney to lead a White House effort to counter allegations made by Plame Wilson’s husband, Joseph Wilson, that the White House had manipulated intelligence to make the case for war with Iraq (see March 9, 2003 and After). Bush also admits that he directed Cheney to disclose classified information that would both defend his administration and discredit Wilson. His testimony directly contradicts Cheney’s. Bush says he did not know that Cheney had told his then-chief of staff, Lewis “Scooter” Libby, to covertly leak the classified information to the media instead of releasing it to the public in the usual, overt fashion.
Denies Instructing Subordinates to Leak Plame Wilson Info - He also denies telling anyone to reveal Plame Wilson’s CIA status, and says he does not know who in his administration made her CIA status public knowledge. Libby has testified that neither Bush nor Cheney directed him or any other White House official to leak Plame Wilson’s identity. According to one senior government official, Bush told Cheney to “Get it out,” or “Let’s get this out,” regarding information that administration officials believed would rebut Wilson’s allegations and would discredit him. Another source with direct knowledge of the interview will later say that characterization is consistent with what Bush tells Fitzgerald. Libby told the grand jury that Cheney had told him to “get all the facts out” to defend the administration and besmirch Wilson. [National Journal, 7/3/2006]

Entity Tags: Richard (“Dick”) Cheney, James Sharp, George W. Bush, Joseph C. Wilson, Patrick J. Fitzgerald, Scott McClellan, Lewis (“Scooter”) Libby, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Yaser Esam Hamdi.Yaser Esam Hamdi. [Source: Associated Press]In the case of Yaser Esam Hamdi v. Donald Rumsfeld, the Supreme Court rules 8-1 that, contrary to the government’s position, Hamdi (see December 2001), as a US citizen held inside the US, cannot be held indefinitely and incommunicado without an opportunity to challenge his detention. It rules he has the right to be given the opportunity to challenge the basis for his detention before an impartial court. Justice Sandra Day O’Connor writes for the majority: “It would turn our system of checks and balances on its head to suggest that a citizen could not make his way to court with a challenge to the factual basis for his detention by his government, simply because the Executive opposes making available such a challenge. Absent suspension of the writ by Congress, a citizen detained as an enemy combatant is entitled to this process.” Hamdi, on the other hand, apart from military interrogations and “screening processes,” has received no process. Due process, according to a majority of the Court, “demands some system for a citizen detainee to refute his classification [as enemy combatant].” A “citizen-detainee… must receive notice of the factual basis for his classification, and a fair opportunity to rebut the government’s factual assertions before a neutral decision-maker.” However, O’Connor writes, “an interrogation by one’s captor… hardly constitutes a constitutionally adequate factfinding before a neutral decisionmaker.”
Conservative Dissent: President Has Inherent Power to Detain Citizens during War - Only Justice Clarence Thomas affirms the government’s opinion, writing, “This detention falls squarely within the federal government’s war powers, and we lack the expertise and capacity to second-guess that decision.” [Supreme Court opinion on writ of certiorari. Shafiq Rasul, et al. v. George W. Bush, et al., 6/28/2004] Thomas adds: “The Founders intended that the president have primary responsibility—along with the necessary power—to protect the national security and to conduct the nation’s foreign relations. They did so principally because the structural advantages of a unitary executive are essential in these domains.” [Dean, 2007, pp. 105]
'A State of War Is Not a Blank Check for the President' - The authority to hold Hamdi and other such US citizens captured on enemy battlefields derives from Congress’s Authorization to Use Military Force (AUMF—see September 14-18, 2001). Justice Antonin Scalia dissents from this portion of the majority ruling, saying that because Congress had not suspended habeas corpus, Hamdi should either be charged with a crime or released. The Court also finds that if Hamdi was indeed a missionary and not a terrorist, as both he and his father claim, then he must be freed. While the Court does not grant Hamdi the right to a full criminal trial, it grants him the right to a hearing before a “neutral decision-maker” to challenge his detention. O’Connor writes: “It is during our most challenging and uncertain moments that our nation’s commitment to due process is most severely tested; and it is in these times that we must preserve our commitment at home to the principles for which we fight abroad.… We have long made clear that a state of war is not a blank check for the president when it comes to the rights of the nation’s citizens.”
Affirms President's Right to Hold US Citizens Indefinitely - Although the media presents the ruling as an unmitigated defeat for the Bush administration, it is actually far more mixed. The White House is fairly pleased with the decision, insamuch as Hamdi still has no access to civilian courts; the administration decides that Hamdi’s “neutral decision-maker” will be a panel of military officers. Hamdi will not have a lawyer, nor will he have the right to see the evidence against him if it is classified. This is enough to satisfy the Court’s ruling, the White House decides. In 2007, author and reporter Charlie Savage will write: “[T]he administration’s legal team noted with quiet satisfaction that, so long as some kind of minimal hearing was involved, the Supreme Court had just signed off on giving presidents the wartime power to hold a US citizen without charges or a trial—forever.” The Justice Department says of the ruling that it is “pleased that the [Court] today upheld the authority of the president as commander in chief of the armed forces to detain enemy combatants, including US citizens.… This power, which was contested by lawyers representing individuals captured in the War on Terror, is one of the most essential authorities the US Constitution grants the president to defend America from our enemies.” [Savage, 2007, pp. 193-194]

Entity Tags: Sandra Day O’Connor, Antonin Scalia, Donald Rumsfeld, Yaser Esam Hamdi, Clarence Thomas, Charlie Savage

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

Richard Ben-Veniste, a Democratic member of the 9/11 Commission, insists that the commission properly interview two CIA analysts who drafted an August 2001 Presidential Daily Brief (PDB) item entitled “Bin Laden Determined to Strike in US” (see August 6, 2001). Ben-Veniste makes the demand after he learns that Commission Executive Director Philip Zelikow interviewed one of the analysts by phone, but allegedly pressured the analyst to back the White House version of events (see June 2004). Initially, Ben-Veniste asks to see transcripts of interviews with the analysts. However, according to author Philip Shenon: “With a condescending tone that reflected his disdain for Ben-Veniste, Zelikow explained matter-of-factly that there weren’t any transcripts…. After months of battles with Zelikow, it was hard for Ben-Veniste to be shocked by almost anything he did. But the staff could see that Ben-Veniste was genuinely startled.” Ben-Veniste’s demand for full interviews is opposed by Zelikow, who says that one of the analysts, known only as Barbara S, has already been interviewed (although it is unclear how much of this interview was focused on the PDB). Zelikow will also say, “The CIA was pleading with us not to do this, since the career people involved in preparing and presenting PDBs would be intimidated, disrupting the sense of confidentiality and candor they considered essential for the PDB process.” However, when they are interviewed, the two analysts seem eager to volunteer the information they have. The commission’s Democratic Vice Chairman Lee Hamilton, who has a record of siding with the Republicans (see Before November 27, 2002 and March 2003-July 2004) fails to back Ben-Veniste before the full commission. Republican Chairman Tom Kean rescues him, pushing through the request for the interviews in the face of opposition from the other Republicans on the commission (see July 13, 2004). [Shenon, 2008, pp. 375-377]

Entity Tags: Philip Shenon, ’Barbara S’, 9/11 Commission, Lee Hamilton, Thomas Kean, Richard Ben-Veniste

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Navy General Counsel Alberto J. Mora writes a secret, but unclassified, memo to Vice Admiral Albert Church, who led a Pentagon investigation into abuses at the US detention facility at Guantanamo Bay. Mora writes the memo in an attempt to stop what he sees as a disastrous and unlawful policy of authorizing cruel and inhuman treatment of terror suspects. The memo details in chronological fashion Mora’s earlier attempts to speak out against the Bush administration’s decision to circumvent the Geneva Conventions (see January 9, 2002 and January 11, 2002).
Specific Problems - Mora, a veteran of the Reagan and George H. W. Bush administrations and a strong supporter of the “war on terror,” argues that a refusal to outlaw cruelty toward US-held terrorist suspects is an implicit invitation to abuse. Mora also writes that the Bush administration’s legal arguments that justify an expansion of executive power in everything from interrogations to warrantless wiretapping are “unlawful,” “dangerous,” and “erroneous” legal theories. Not only are they wrong in granting President Bush the right to authorize torture, he warns that they may leave US personnel open to criminal prosecution. While the administration has argued that it holds to humane, legal standards in interrogation practices (see January 12, 2006), Mora’s memo shows that from the outset of the administration’s “war on terror,” the White House, the Justice Department, and the Defense Department intentionally skirted and at times ignored domestic and international laws surrounding interrogation and detention of prisoners.
Cruelty and Torture - Mora will later recall the mood in the Pentagon: “The mentality was that we lost three thousand Americans [on 9/11], and we could lose a lot more unless something was done. It was believed that some of the Guantanamo detainees had knowledge of other 9/11-like operations that were under way, or would be executed in the future. The gloves had to come off. The US had to get tougher.” But, Mora will say, the authorization of cruel treatment of detainees is as pernicious as any defined torture techniques that have been used. “To my mind, there’s no moral or practical distinction,” he says. “If cruelty is no longer declared unlawful, but instead is applied as a matter of policy, it alters the fundamental relationship of man to government. It destroys the whole notion of individual rights. The Constitution recognizes that man has an inherent right, not bestowed by the state or laws, to personal dignity, including the right to be free of cruelty. It applies to all human beings, not just in America—even those designated as ‘unlawful enemy combatants.’ If you make this exception, the whole Constitution crumbles. It’s a transformative issue.… The debate here isn’t only how to protect the country. It’s how to protect our values.” [Mora, 7/7/2004 pdf file; New Yorker, 2/27/2006]

Entity Tags: Geneva Conventions, Richard (“Dick”) Cheney, US Department of Defense, Alberto Mora, Albert T. Church III, US Department of Justice, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Conservative columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column a year earlier (see July 14, 2003), regarding the recently released Senate Intelligence Committee report on the administration’s use of intelligence to justify the invasion of Iraq (see July 9, 2004), observes that its “most remarkable aspect… is what its Democratic members did not say.” Novak claims that committee Democrats do not dispute that Iraq tried to discuss purchasing yellowcake uranium from Niger. They did not agree to the report’s conclusion that Plame Wilson suggested her husband, Joseph Wilson, for a fact-finding mission to Niger, a conclusion that is false (see February 19, 2002, July 22, 2003, October 17, 2003, and Mid-July, 2004), but neither did they defend Wilson’s denials of his wife’s involvement. Novak writes: “According to committee sources, Roberts felt Wilson had been such a ‘cause celebre’ for Democrats that they could not face the facts about him.… Now, for Intelligence Committee Democrats, it is as though the Niger question and Joe Wilson have vanished from the earth.” [CNN, 7/15/2004]

Entity Tags: Joseph C. Wilson, Valerie Plame Wilson, Senate Intelligence Committee, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: 9/11 Commission, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bill Gertz, a columnist for the conservative Washington Times, writes that CIA official Valerie Plame Wilson’s identity was compromised twice before it was publicly exposed by conservative columnist Robert Novak (see July 14, 2003). If true, neither exposure was made publicly, as Novak’s was. Anonymous government officials told Gertz that Plame Wilson’s identity was disclosed to Russian intelligence agents in the mid-1990s. Her identity was again revealed in what Gertz calls “a more recent inadvertent disclosure,” references identifying Plame Wilson as a CIA official in confidential documents sent by the agency to the US interests section of the Swiss Embassy in Havana. The anonymous officials told Gertz that Cuban officials read the documents and could have learned of Plame Wilson’s CIA status. The officials did not state when the alleged Cuban exposure took place. “The law says that to be covered by the act the intelligence community has to take steps to affirmatively protect someone’s cover,” one official told Gertz. “In this case, the CIA failed to do that.” Another official told Gertz that the compromises before the news column were not publicized and thus should not affect the investigation of Plame Wilson’s exposure. [Washington Times, 7/22/2004]

Entity Tags: Washington Times, Bill Gertz, Valerie Plame Wilson, Central Intelligence Agency

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

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

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