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Context of 'May 6-9, 2005: Newsweek Reports US Guard Flushed Koran Down Toilet in Guantanamo; Pentagon, White House Blame Newsweek for Lethal Riots in Report’s Aftermath'

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Book cover of the Pentagon Papers.Book cover of the Pentagon Papers. [Source: Daniel Ellsberg]The New York Times receives a huge amount of secret Defense Department documents and memos that document the covert military and intelligence operations waged by previous administrations in Vietnam (see January 15, 1969). The documents are leaked by Daniel Ellsberg, a former Defense Department official who worked in counterintelligence and later for the RAND Corporation while remaining an active consultant to the government on Vietnam. Ellsberg, a former aide to Secretary of State and National Security Adviser Henry Kissinger and a member of the task force that produced the Defense Department documents, has, over his tenure as a senior government official, become increasingly disillusioned with the actions of the US in Vietnam. [Herda, 1994] The documents are given to Times reporter Neil Sheehan by Ellsberg (see May 1969). [Bernstein and Woodward, 1974, pp. 313]
Ellsberg Tried to Interest Senators - After he and his friend Anthony Russo had copied the documents (see September 29, 1969), Ellsberg had spent months attempting to persuade several antiwar senators, including William Fulbright (D-AR), Charles Mathias Jr (R-MD), George McGovern (D-SD), and Paul “Pete” McCloskey (R-CA), to enter the study into the public record, all to no avail. But McGovern suggested that Ellsberg provide copies of the documents either to the New York Times or the Washington Post. Ellsberg knew Sheehan in Vietnam, and decided that the Times reporter was his best chance for making the documents public. [Reeves, 2001, pp. 333; Moran, 2007] Ellsberg originally gave copies of the documents—later dubbed the “Pentagon Papers”—to Phil Geyelin of the Washington Post, but the Post’s Katherine Graham and Ben Bradlee decided not to publish any of the documents. Ellsberg then gave a copy to Sheehan.
Documents Prove White House Deceptions - The documents include information that showed former President Dwight D. Eisenhower had made a secret commitment to help the French defeat the insurgents in Vietnam. They also show that Eisenhower’s successor, John F. Kennedy, had used a secret “provocation strategy” to escalate the US’s presence into a full-blown war that eventually led to the infamous Gulf of Tonkin incident. The documents also show that Kennedy’s successor, Lyndon Johnson, had planned from the outset of his presidency to expand the war [Spartacus Schoolnet, 8/2007] , and show how Johnson secretly paved the way for combat troops to be sent to Vietnam, how he had refused to consult Congress before committing both ground and air forces to war, and how he had secretly, and illegally, shifted government funds from other areas to fund the war. Finally, the documents prove that all three presidents had broken Constitutional law in bypassing Congress and sending troops to wage war in Vietnam on their own authority. [Herda, 1994]
Times Publishes Against Legal Advice - The Times will begin publishing them in mid-June 1971 (see June 13, 1971) after putting Sheehan and several other reporters up in the New York Hilton to sift through the mountain of photocopies and the senior editors, publishers, and lawyers argued whether or not to publish such a highly classified set of documents. The management will decide, against the advice of its lawyers, to publish articles based on the documents as well as excerpts from the documents themselves. [Moran, 2007]

Entity Tags: Paul McCloskey, Washington Post, Phil Geyelin, RAND Corporation, New York Times, Johnson administration, Kennedy administration, Charles Mathias, Jr, Ben Bradlee, Anthony Russo, Neil Sheehan, Daniel Ellsberg, Henry A. Kissinger, George S. McGovern, Katharine Graham, J. William Fulbright, US Department of Defense

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

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

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

Timeline Tags: Events Leading to Iraq Invasion

June 1992: Iraqi National Congress Formed

The Kurdistan Democratic Party (KDP), headed by Masud Barzani, and the Patriotic Union of Kurdistan (PUK), headed by Jalal Talabani, meet in Vienna along with nearly 200 delegates from dozens of Iraqi opposition groups to form an umbrella organization for Iraqi dissident groups. [Federation of American Scientists, 8/8/1998; New Yorker, 6/7/2004] The event is organized by the Rendon Group, which has been contracted by the CIA to organize the wide spectrum of Iraqi dissidents into a unified movement against Saddam Hussein. Rendon names the group the “Iraqi National Congress” (INC). The CIA pays the Rendon Group $326,000 per month for the work, funneled to the company and the INC through various front organizations. [ABC, 2/7/1998; CounterPunch, 5/20/2004; Rolling Stone, 11/17/2005 Sources: Unnamed former CIA operative] Thomas Twetten, the CIA’s deputy directorate of operations, will later recall: “The INC was clueless. They needed a lot of help and didn’t know where to start.” [New Republic, 5/20/2002; Bamford, 2004, pp. 296-297] Rendon hires freelance journalist Paul Moran and Zaab Sethna as contract employees to do public relations and “anti-Saddam propaganda” for the new organization. [SBS Dateline, 7/23/2003]

Entity Tags: Paul Moran, Zaab Sethna, Iraqi National Congress, Rendon Group, Jalal Talabani, Masud Barzani, Patriotic Union of Kurdistan, Kurdistan Democratic Party, Central Intelligence Agency, Thomas Twetten

Timeline Tags: Events Leading to Iraq Invasion

Fall 1992 - 1996: Plame Becomes CIA ‘NOC’

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

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

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

After founding the Iraqi National Congress (INC), Ahmed Chalabi approaches the CIA for help in overthrowing Saddam Hussein. The agency, hoping Chalabi can provide useful intelligence, gives the organization millions of dollars to set up a “forgery shop” inside an abandoned schoolhouse in the Kurdish town of Salahuddin. The INC promptly sets about creating phony mockups of Iraqi newspapers filled with stories of Hussein’s abuses. “It was something like a spy novel,” CIA agent Robert Baer will later recall. “It was a room where people were scanning Iraqi intelligence documents into computers, and doing disinformation. There was a whole wing of it that he did forgeries in.… He was forging back then, in order to bring down Saddam.” Carla Bonini, an Italian reporter, will later recall: “When I visited [Chalabi] in London, he told me, ‘You can have anything you want.’ It was like a shopping mall for intelligence.” Bonini quickly learns that Chalabi’s information, although often sensational, is virtually useless. None of it can be independently confirmed, and most of it turns out to be fabrications. One of the documents fabricated by the INC is a copy of a purported letter to Chalabi from President Clinton’s National Security Council. The letter requests Chalabi’s help in a plot to assassinate Saddam Hussein. Baer believes Chalabi’s intent is to trick the Iranians into believing that the Americans will kill Hussein, thus inspiring them into joining a plot against the dictator. According to Francis Brooke, a Rendon Group employee working with the INC, Chalabi did not create the forged letter. “That would be illegal,” he says. [New Yorker, 6/7/2004; Unger, 2007, pp. 125]

Entity Tags: Iraqi National Congress, Francis Brooke, Robert Baer, Ahmed Chalabi, Carla Bonini, Rendon Group

Timeline Tags: Events Leading to Iraq Invasion

Law professor John Yoo writes a lengthy essay for the California Law Review entitled “The Continuation of Politics by Other Means: The Original Understanding of War Powers,” in which he argues that the Founding Fathers intended to empower presidents to launch wars without Congressional permission. Yoo has clerked for conservative judge Laurence Silberman and equally conservative Supreme Court Justice Clarence Thomas, and served for a year as counsel to then-Senate Judiciary Committee Chairman Orrin Hatch (R-UT). He has become a regular speaker at Federalist Society events, the informal but influential group of conservative lawyers, judges, and legal scholars who will come to have so much influence in the Bush administration. You argues that for generations, Constitutional scholars have misread the Constitution: the Founders actually supported, not repudiated, the British model of executive power that gave the king the sole power of declaring war and committing forces to battle. The Constitution’s granting of the legislature—Congress—the power to “declare war” is merely, Yoo writes, a reference to the ceremonial role of deciding whether to proclaim the existence of a conflict as a diplomatic detail. The Founders always intended the executive branch to actually declare and commence war, he writes. Most other Constitutional scholars will dismiss Yoo’s arguments, citing notes from the Constitutional Convention that show the Founders clearly intended Congress, not the president, to decide whether to commit the country to war. One of those Founders, James Madison, wrote in 1795 that giving a president the unilateral ability to declare war “would have struck, not only at the fabric of the Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.” [Savage, 2007, pp. 80-81] Yoo will go on to join the Bush administration’s Office of Legal Counsel, and write numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002).

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

Eason Jordan.Eason Jordan. [Source: Eason Jordan]The US Army’s 4th PSYOPS (Psychological Operations) Group conducts a military symposium in Arlington, Virginia; during the symposium, the unit commander, Colonel Christopher St. John, calls for “greater cooperation between the armed forces and [the nation’s] media giants.” St. John discusses at some length how Army psyops personnel have worked for CNN (see April 22, 1999) and helped that news provider produce news stories. Dutch reporter Abe De Vries finds the information through a February 17 article in an official French intelligence newsletter. Virtually no mainstream American news outlets besides the San Jose Mercury News report the story. In March, CNN senior executive Eason Jordan admits that five “interns” from an Army psyops unit functioned as “observers” in three different units of the network beginning on June 7, 1999, for several weeks at a stretch. He says: “I think they came one at a time, and they worked in three parts of the company: in our radio—and I should be clear, not work, they did not work. They did not function as journalists. They were not paid. But they were in our radio department, our satellites area and our Southeast bureau.… [T]hey should not have been here, they’re not here anymore, and they will not be here ever again.” [Democracy Now!, 3/24/2000]

Entity Tags: US Department of the Army, Abe De Vries, CNN, Christopher St. John, Eason Jordan

Timeline Tags: US Military, Domestic Propaganda

CNN logo.CNN logo. [Source: CNN]After the San Jose Mercury News reports on a February symposium where the commander of an Army psyops (psychological operations) unit discussed how Army psyops personnel have worked closely with the US news network CNN (see Early February, 2000), journalist Amy Goodman discusses the issue with three guests: Dutch journalist Abe De Vries, who first broke the story; liberal columnist Alexander Cockburn, who wrote about it in the Mercury News and in his own publication, Counterpunch; and CNN senior executive Eason Jordan. De Vries says he originally read of the symposium in a newsletter published by a French intelligence organization, and confirmed it with Army spokespersons. Cockburn says that after he wrote about it in his publication, he was contacted by an “indignant” Jordan, who called the story “a terrible slur on the good name of CNN and on the quality of its news gathering.” Cockburn says that he, too, confirmed that Army psyops personnel—“interns,” Jordan told Cockburn—worked for several weeks at CNN, but the network “maintains stoutly, of course, that these interns, you know, they just were there making coffee or looking around, and they had no role in actually making news.” Goodman asks Jordan about the story, and he insists that the Army personnel were nothing more than unpaid interns who “functioned as observers” and were “always under CNN supervision. They did not decide what we would report, how we would report it, when we would report something.…[T]hey had no role whatsoever in our Kosovo coverage and, in fact, had no role whatsoever in any of our coverage.” Jordan says that allowing them into CNN was a mistake that the network will not repeat. Jordan says that the psyops personnel merely wanted “to see how CNN functioned, as a lot of people from around the world do. We have observers here from all over the world.” He insists that no one in his division—news gathering—knew about the psyops personnel serving as interns until the program was well underway, and that once they found out about it, they brought it to a halt “within a matter of days.” Cockburn points out that from De Vries’s reporting, the Army was “obviously pleased” by their ability to insert personnel inside one of the nation’s largest news organizations. Cockburn says that it isn’t a matter of the Army personnel conducting some sort of “spy novel” operation inside CNN, but a matter of building relationships: “[T]he question is really, you know, the way these things work. If people come to an office, and they make friends at the office, then the next time they want to know something, they know someone they can call up. A relationship is a much more subtle thing than someone suddenly running in and writing [CNN correspondent Christiane] Amanpour’s copy for her.” Jordan says the entire idea of the US military influencing news coverage is “nonsense” (see April 20, 2008 and Early 2002 and Beyond). Goodman counters with a quote from an Army psyops training manual: “Capture their minds, and their hearts and souls will follow.… Psychological operations, or PSYOP, are planned operations to convey selected information and indicators to audiences to influence their emotions, motives, objective reasoning and ultimately the behavior of organizations, groups and individuals. Used in all aspects of war, it’s a weapon whose effectiveness is limited only by the ingenuity of the commander using it. A proven winner in combat and peacetime, PSYOP is one of the oldest weapons in the arsenal of man. It’s an important force, protector, combat multiplier and a non-lethal weapons system.” [Democracy Now!, 3/24/2000]

Entity Tags: US Department of the Army, Abe De Vries, Amy Goodman, Eason Jordan, CNN, Alexander Cockburn

Timeline Tags: US Military, Domestic Propaganda

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

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

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

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

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

Timeline Tags: Events Leading to Iraq Invasion

The Pentagon creates a secret office to coordinate military information operations aimed at improving the United States’ image abroad. The office, named the Office of Strategic Influence, or OSI, is headed by Brigadier General Simon P. Wordon [New York Times, 2/19/2002] , an astrophysicist with experience in space operations and missile defense. [Washington Post, 2/20/2002] His assistant is Thomas A. Timmes. [New York Times, 2/19/2002] Worden reports to Undersecretary of Defense Douglas Feith. [Rich, 2006, pp. 32] OSI is a small, but well-funded operation and there are reportedly plans to provide it with an annual budget of as much as $100 million. [New York Times, 2/19/2002; London Times, 2/20/2002; New York Times, 2/27/2002] Many of OSI’s functions are contracted to private public relations firms such as the Rendon Group, whose client list includes the CIA, the Kuwaiti royal family, and the Iraqi National Congress. [Rich, 2006, pp. 32] Soon after the office is formed, a proposal is floated to produce and disseminate disinformation. The New York Times will report: “[T]he new office has begun circulating classified proposals calling for aggressive campaigns that use not only the foreign media and the Internet, but also covert operations.… One of the office’s proposals calls for planting news items with foreign media organizations through outside concerns that might not have obvious ties to the Pentagon.… General Worden envisions a broad mission ranging from ‘black’ campaigns that use disinformation and other covert activities to ‘white’ public affairs that rely on truthful news releases.… ‘It goes from the blackest of black programs to the whitest of white,’ a senior Pentagon official said.… Another proposal involves sending journalists, civic leaders and foreign leaders e-mail messages that promote American views or attack unfriendly governments.” [New York Times, 2/19/2002] When OSI’s classified proposals are leaked to the press (see February 19, 2002), White House officials say they are “furious” that the use of disinformation is being considered and then a few days later announce that the office has been shut down (see February 26, 2002). [Washington Post, 2/25/2002]

Entity Tags: Office of Strategic Influence, Douglas Feith, Rendon Group, US Department of Defense, Thomas A. Timmes, Simon P. Wordon

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135]
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals (see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138]

Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Ali Jan Orakzai.Ali Jan Orakzai. [Source: Associated Press]Pakistani President Pervez Musharraf appoints a general sympathetic to the Taliban to seal off the Afghanistan border as US forces close in on al-Qaeda and Taliban militants on the other side. Ali Jan Orakzai is appointed on October 8, 2001, a day Musharraf responded to US pressure and fired some Islamist extremist officers, only to replace them with other Islamist extremist officers (see October 8, 2001). Orakzai, a friend and close adviser to Musharraf, will generally be known as someone who hates the US and sympathizes with the Taliban (see Late 2002-Late 2003). His instructions are to send troops to Pakistan’s tribal region next to Afghanistan to catch fleeing terrorists. On October 11, Pakistani helicopters will begin dropping soldiers in mountainous regions where no Pakistani soldiers had been to before. By December 2001, Orakzai will position more than 30,000 soldiers in the region. [London Times, 1/22/2005] However, when he ends his command of troops in the region in 2004, he will claim that his forces never even saw one Arab there (see January 22, 2005). Musharraf will finally fire him in 2007 for his ineffectiveness and militant sympathies (see July 19, 2007).

Entity Tags: Ali Jan Orakzai, Al-Qaeda, Taliban, Pervez Musharraf

Timeline Tags: Complete 911 Timeline, War in Afghanistan

The Bush administration asks the major US television networks to refrain from showing unedited video messages taped by Osama bin Laden. They agree. A Newsweek article is critical of the decision, pointing out that “all but one [of these networks] are controlled by major conglomerates that have important pending business with the government.” The article openly questions if the media is “doing too much of the government’s bidding” in reporting on 9/11. Says one expert, “I’m not saying that everything is a horrible paranoid fantasy, but my sense is there’s an implicit quid pro quo here. The industry seems to be saying to the administration, ‘We’re patriotic, We’re supporting the war, we lost all of this advertising, now free us from [business] constraints.’” [Newsweek, 10/13/2001]

Entity Tags: Bush administration (43), Osama bin Laden

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline, Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

The Geneva Conventions are mentioned in a memo issued the day after the publication of the Heritage Foundation paper (see November 5, 2001), but only to suggest that suspected terrorists should not be entitled to the rights enclosed in them. Patrick F. Philbin, a deputy in the OLC, sends a confidential 35-page memo to the White House legal counsel Gonzales, arguing that the president, as Commander-in-Chief, has “inherent authority” to establish military commissions without authorization from the US Congress. The 9/11 attacks are themselves “plainly sufficient” to justify the application of the laws of war. Furthermore, putting terrorists on trial under the laws of war, “does not mean,” according to Philbin, “that terrorists will receive the protections of the Geneva Conventions or the rights that laws of war accord to lawful combatants.” The Philbin memo will serve as a basis for a Presidential order (see November 13, 2001) establishing the option of military commissions, which will be drafted by Deputy White House Counsel Timothy E. Flanigan and David S. Addington, the legal counsel to Vice President Cheney. [New York Times, 10/24/2004]

Entity Tags: Patrick F. Philbin, Alberto R. Gonzales

Timeline Tags: Torture of US Captives

CIA agent “Dave”.CIA agent “Dave”. [Source: CNN/House of War]One of the prisoners who is being interrogated by the two CIA agents tells Mike Spann that he has come to Afghanistan “to kill” him. With that, the prisoner lunges towards him. At this point accounts differ over what happens. According to an early account, Mike Spann immediately shoots the prisoner and three others dead with his pistol before the nearby Taliban prisoners join the skirmish and “beat, kick, and bite” Spann to death. [London Times, 11/28/2001] In the other account, the prisoner who lunged towards Spann, used a grenade to blow him and Spann up, killing both of them immediately. [Guardian, 12/1/2001] “Dave,” the second CIA agent, then shoots at least one of the foreign Taliban fighters dead and flees the vicinity. He goes to General Dostum’s headquarters in the north side of the fort where he contacts the American embassy in Tashkent, Uzbekistan using a satellite phone borrowed from the German TV crew. He tells the embassy, “We have lost control of the situation. Send in helicopters and troops.” [Guardian, 12/1/2001] One witness later recalls, “David asked his superiors for choppers to be brought in, as well as ground troops to get everyone out. They sent about 40 American soldiers, but the choppers were too far away in Uzbekistan. David’s people offered to bring in gunships and bomb the Taliban. They would flatten the whole castle and kill us all. David told them twice they shouldn’t do that. They were really pressing for airstrikes and after three hours they started.” [London Times, 11/28/2001] Meanwhile, Dostum’s soldiers began to shoot indiscriminately at the rows of bound prisoners. Some are killed and as prisoners stand up and run for cover, more are shot in their flight. John Walker Lindh too tries to run but after two or three paces a bullet hits him in his right thigh and he falls to the ground. Unable to walk, with chaos all around him, Lindh pretends to be dead. He remains on the ground for the next twelve hours. The Taliban soldiers soon overpower their Northern Alliance captors, take their weapons and break into the arms depot located towards the center for the compound where they help themselves to Dostum’s mortars and rocket launchers. [London Times, 11/28/2001; Guardian, 12/1/2001; United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: Northern Alliance, Mike Spann, Taliban, “Dave”, John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

According to US military officials, the USS Bataan and USS Peleliu are used as prison ships to hold captives suspected of terrorist activities, including “American Taliban” John Walker Lindh (see December 14, 2001). Both vessels are operating in the Indian Ocean. The use of US naval vessels as prison ships is kept extremely secret; the press will not learn of the incidents for years, and even then, details will be sketchy. Questioned in 2004 about the use of US military ships as “floating prisons” (see June 2, 2008), Rear Admiral John Stufflebeem will say: “I don’t know the specifics. Central command determines for either medical considerations, for the protection of those individuals, for the isolation in the sense of not having forces that would try to come get somebody out of a detention center, for a security aspect, and obviously an interest to continue interrogation.” The US may also use ships in and around the British-controlled island of Diego Garcia, in the Indian Ocean, to hold prisoners indefinitely and “off the books.” And the US may use its ships for what is called “extraordinary rendition”—the secret transportation of prisoners to foreign countries where they can be interrogated and tortured in ways proscribed by US law. US and British officials will repeatedly deny the use of Diego Garcia in any such “floating incarcerations” or renditions. [Guardian, 6/2/2008] One reason for the use of naval vessels as prison ships may be necessity: the US is capturing scores of prisoners in Afghanistan, but the first detainee facilities at Guantanamo Bay, Cuba will not open until January 2002 (see January 11, 2002).

Entity Tags: John Walker Lindh, John Stufflebeem

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Pentagon chief of public relations Victoria Clarke.Pentagon chief of public relations Victoria Clarke. [Source: Department of Defense]While detailed plans for the upcoming invasion of Iraq are well underway, the administration realizes that the American people are not strongly behind such an invasion. They aren’t convinced that Saddam Hussein was responsible for the 9/11 attacks, and unsure about Iraq having weapons of mass destruction. White House and Pentagon officials decide that using retired military officers as “independent military analysts” in the national media can help change hearts and minds (see April 20, 2008). Assistant secretary of defense for public affairs Victoria “Torie” Clarke, a former public relations executive, intends to achieve what she calls “information dominance.” The news culture is saturated by “spin” and combating viewpoints; Clarke argues that opinions are most swayed by voices seen as authoritative and completely independent. Clarke has already put together a system within the Pentagon to recruit what she calls “key influentials,” powerful and influential people from all areas who, with the proper coaching, can generate support for Defense Secretary Donald Rumsfeld’s agenda. After 9/11, when each of the news networks rushed to land its own platoon of retired military officers to provide commentary and analysis, Clarke saw an opportunity: such military analysts are the ultimate “key influentials,” having tremendous authority and credibility with average Americans. They often get more airtime than network reporters, Clarke notes. More importantly, they are not just explaining military minutiae, but telling viewers how to interpret events. Best of all, while they are in the news media, they are not creatures of the media. Reporter David Barstow will write in 2008, “They were military men, many of them ideologically in sync with the administration’s neoconservative brain trust, many of them important players in a military industry anticipating large budget increases to pay for an Iraq war.” And even those without such ties tended to support the military and the government. Retired Army general and ABC analyst William Nash will say: “It is very hard for me to criticize the United States Army. It is my life.”
'Writing the Op-Ed' for the War - As a result, according to Clarke’s aide Don Meyer, Clarke decides to make the military analysts the main focus of the public relations push to build a case for invading Iraq. They, not journalists, will “be our primary vehicle to get information out,” Meyer recalls. The military analysts are not handled by the Pentagon’s regular press office, but are lavished with attention and “perks” in a separate office run by another aide to Clarke, Brent Krueger. According to Krueger, the military analysts will, in effect, be “writing the op-ed” for the war.
Working in Tandem with the White House - The Bush administration works closely with Clarke’s team from the outset. White House officials request lists of potential recruits for the team, and suggests names for the lists. Clarke’s team writes summaries of each potential analyst, describing their backgrounds, business and political affiliations, and their opinions on the war. Rumsfeld has the final say on who is on the team: “Rumsfeld ultimately cleared off on all invitees,” Krueger will say. Ultimately, the Pentagon recruits over 75 retired officers, though some only participate briefly or sporadically.
Saturation Coverage on Cable - The largest contingent of analysts is affiliated with Fox News, followed by NBC and CNN, the networks with 24-hour cable news coverage. Many analysts work for ABC and CBS as well. Many also appear on radio news and talk broadcasts, publish op-ed articles in newspapers, and are quoted in press reports, magazine articles, and in Web sites and blogs. Barstow, a New York Times reporter, will note that “[a]t least nine of them have written op-ed articles for The Times.”
Representing the Defense Industry - Many of the analysts have close ties with defense contractors and/or lobbying firms involved in helping contractors win military contracts from the Pentagon:
bullet Retired Army general James Marks, who begins working as an analyst for CNN in 2004 (until his firing three years later—see July 2007) is a senior executive with McNeil Technologies, and helps that firm land military and intelligence contracts from the government.
bullet Thomas McInerney, a retired Air Force general and Fox News analyst, sits on the boards of several military contractors.
bullet CBS military analyst Jeffrey McCausland is a lobbyist for Buchanan Ingersoll & Rooney, a major lobbying firm where he is director of a national security team that represents several military contractors. His team proclaims on the firm’s Web site, “We offer clients access to key decision makers.”
bullet Shortly after signing with CBS, retired Air Force general Joseph Ralston became vice chairman of the Cohen Group, a consulting firm headed by former Defense Secretary William Cohen (also an analyst for CNN). The Cohen Group says of itself on its Web site, “The Cohen Group knows that getting to ‘yes’ in the aerospace and defense market—whether in the United States or abroad—requires that companies have a thorough, up-to-date understanding of the thinking of government decision makers.”
Ideological Ties - Many military analysts have political and ideological ties to the Bush administration and its supporters. These include:
bullet Two of NBC’s most familiar analysts, retired generals Barry McCaffrey and Wayne Downing, are on the advisory board of the Committee for the Liberation of Iraq, an advocacy group created with White House encouragement in 2002 to push for the overthrow of Saddam Hussein. [New York Times, 4/20/2008] Additionally, McCaffrey is chief of BR McCaffrey Associates, which “provides strategic, analytic, and advocacy consulting services to businesses, non-profits, governments, and international organizations.” [Washington Post, 4/21/2008] Other members include senators John McCain (R-AZ) and Joseph Lieberman (D-CT), and prominent neoconservatives Richard Perle and William Kristol. [Truthout (.org), 4/28/2008] Both McCaffrey and Downing head their own consulting firms and are board members of major defense contractors.
bullet Retired Army general Paul Vallely, a Fox News analyst from 2001 through 2007, shares with the Bush national security team the belief that the reason the US lost in Vietnam was due to negative media coverage, and the commitment to prevent that happening with the Iraq war. In 1980, Vallely co-wrote a paper accusing the US press of failing to defend the nation from what he called “enemy” propaganda—negative media coverage—during the Vietnam War. “We lost the war—not because we were outfought, but because we were out Psyoped,” he wrote. Vallely advocated something he called “MindWar,” an all-out propaganda campaign by the government to convince US citizens of the need to support a future war effort. Vallely’s “MindWar” would use network TV and radio to “strengthen our national will to victory.” [New York Times, 4/20/2008]
bullet Ironically, Clarke herself will eventually leave the Pentagon and become a commentator for ABC News. [Democracy Now!, 4/22/2008]
Seducing the Analysts - Analysts describe a “powerfully seductive environment,” in Barstow’s words, created for them in the Pentagon: the uniformed escorts to Rumsfeld’s private conference room, lavish lunches served on the best government china, embossed name cards, “blizzard[s] of PowerPoints, the solicitations of advice and counsel, the appeals to duty and country, the warm thank you notes from the secretary himself.” Former NBC analyst Kenneth Allard, who has taught information warfare at the National Defense University, says: “[Y]ou have no idea. You’re back. They listen to you. They listen to what you say on TV.” Allard calls the entire process “psyops on steroids,” using flattery and proximity to gain the desired influence and effect. “It’s not like it’s, ‘We’ll pay you $500 to get our story out,’” Allard says. “It’s more subtle.”
Keeping Pentagon Connections Hidden - In return, the analysts are instructed not to quote their briefers directly or to mention their contacts with the Pentagon. The idea is always to present a facade of independent thought. One example is the analysts’ almost perfect recitation of Pentagon talking points during a fall and winter 2002 PR campaign (see Fall and Winter 2002). [New York Times, 4/20/2008]

Entity Tags: Richard Perle, Paul Vallely, Thomas G. McInerney, William S. Cohen, Wayne Downing, US Department of Defense, William Nash, William Kristol, New York Times, Joseph Ralston, Kenneth Allard, CBS News, Bush administration (43), Brent T. Krueger, Barry McCaffrey, ABC News, CNN, Committee for the Liberation of Iraq, David Barstow, Don Meyer, Joseph Lieberman, John McCain, NBC, Jeffrey McCausland, Fox News, Donald Rumsfeld, James Marks, Victoria (“Torie”) Clarke

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

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

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

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

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

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

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

The “military analysts” named by the New York Times as participants in the Pentagon’s propaganda operation to manipulate public opinion on the Iraq war (see April 20, 2008 and Early 2002 and Beyond) appear over 4,500 times on network and television news broadcasts between January 1, 2002 and May 13, 2008. The news outlets included in the May 13, 2008 count, performed by the media watchdog group Media Matters, includes ABC, ABC News Now, CBS, CBS Radio Network, NBC, CNN, CNN Headline News, Fox News, MSNBC, CNBC, and NPR. Media Matters uses the Lexis/Nexis database to compile their report. Media Matters releases a spreadsheet documenting each analyst’s appearance on each particular broadcast outlet. [Media Matters, 5/13/2008] Salon columnist Glenn Greenwald notes, “If anything, the Media Matters study actually under-counts the appearances, since it only counted ‘the analysts named in the Times article,’ and several of the analysts who were most active in the Pentagon’s propaganda program weren’t mentioned by name in that article.” [Salon, 5/15/2008]

Entity Tags: US Department of Defense, New York Times, National Public Radio, Media Matters, CNBC, CBS News, ABC News, NBC, Fox News, MSNBC, Glenn Greenwald, CNN

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

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Attorney General John Ashcroft publicly defends the president’s decision (see January 18-25, 2002) to deny detainees the protections of Geneva Conventions. He calls the detainees “terrorists” who “are uniquely dangerous.” [CNN, 1/22/2002]

Entity Tags: John Ashcroft

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

The White House declares that the United States will apply the Geneva Conventions to the conflict in Afghanistan, but will not grant prisoner-of-war status to captured Taliban and al-Qaeda fighters. Though Afghanistan was party to the 1949 treaty, Taliban fighters are not protected by the Conventions, the directive states, because the Taliban is not recognized by the US as Afghanistan’s legitimate government. Likewise, al-Qaeda fighters are not eligible to be protected under the treaty’s provisions because they do not represent a state that is party to the Conventions either.
Administration Will Treat Detainees Humanely 'Consistent' with Geneva - In the memo, President Bush writes that even though al-Qaeda detainees do not qualify as prisoners of war under Geneva, “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The presidential directive is apparently based on Alberto Gonzales’s January 25 memo (see January 25, 2002) and a memo from Vice President Cheney’s chief of staff, David Addington (see January 25, 2002).
Bush Chooses Not to Suspend Geneva between US and Afghanistan - The directive also concludes that Bush, as commander in chief of the United States, has the authority to suspend the Geneva Conventions regarding the conflict in Afghanistan, should he feel necessary: Bush writes, “I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time.” Though not scheduled for declassification until 2012, the directive will be released by the White House in June 2004 to demonstrate that the president never authorized torture against detainees from the wars in Afghanistan and Iraq. [George W. Bush, 2/7/2002 pdf file; CNN, 2/7/2002; Newsweek, 5/24/2004; Truthout (.org), 1/19/2005; Dubose and Bernstein, 2006, pp. 191]
Overriding State Department Objections - Bush apparently ignores or overrides objections from the State Department, including Secretary of State Colin Powell (see January 25, 2002) and the department’s chief legal counsel, William Howard Taft IV (see January 25, 2002). Both Powell and Taft strenuously objected to the new policy. [Savage, 2007, pp. 147]
Ignoring Promises of Humane Treatment - The reality will be somewhat different. Gonzales laid out the arguments for and against complying with Geneva in an earlier memo (see January 18-25, 2002), and argued that if the administration dispensed with Geneva, no one could later be charged with war crimes. Yet, according to Colin Powell’s chief of staff, Lawrence Wilkerson, sometime after the Bush memo is issued, Vice President Cheney and Defense Secretary Rumsfeld decide to ignore the portions promising humane treatment for prisoners. “In going back and looking at the deliberations,” Wilkerson later recalls, “it was clear to me that what the president had decided was one thing and what was implemented was quite another thing.” [Dubose and Bernstein, 2006, pp. 190-191]

Entity Tags: Geneva Conventions, George W. Bush, Colin Powell, Lawrence Wilkerson, William Howard Taft IV, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

The Pentagon announces the existence of the new Office of Strategic Influence (OSI), which “was quietly set up after September 11.” The role of this office is to plant false stories in the foreign press, phony e-mails from disguised addresses, and other covert activities to manipulate public opinion. The new office proves so controversial that it is declared closed six days later. [CNN, 2/20/2002; CNN, 2/26/2002] It is later reported that the “temporary” Office of Global Communications will be made permanent (it is unknown when this office began its work). This office seems to serve the same function as the earlier OSI, minus the covert manipulation. [Washington Post, 7/30/2002] Defense Secretary Rumsfeld later states that after the OSI was closed, “I went down that next day and said fine, if you want to savage this thing fine I’ll give you the corpse. There’s the name. You can have the name, but I’m gonna keep doing every single thing that needs to be done and I have.” [US Department of Defense, 11/18/2002]

Entity Tags: Pentagon, US Department of Defense, Donald Rumsfeld, Office of Strategic Influence, Office of Global Communications

Timeline Tags: Complete 911 Timeline, Civil Liberties, Domestic Propaganda

Detainees being held at Guantanamo launch a hunger strike. Some reports say the direct cause is a guard who deliberately kicked a copy of the Koran. [Guardian, 12/3/2003; Mirror, 3/12/2004] Others say the reason is the fact that detainees are forbidden to wear head coverings, which Islamic tradition requires for prayer. Muhammad Ansar recalls: “At the camp, we were not allowed to say prayers. We couldn’t cover our heads.” [New York Times, 6/21/2004] In this version, the conflict begins when guards at Guantanamo reportedly order “an inmate to remove a turban he… fashioned from a sheet in violation of a camp rule to prevent detainees from concealing contraband.” Allegedly, the guards are not aware the man is praying when they forcefully remove his turban. A handful of prisoners respond the next day by starting a hunger strike. Two days later, on February 28, 194 prisoners join the strike by refusing their lunch, equaling about 70 percent of the prison population. In response to the strikes, Marine Corps Brig. Gen. Michael R. Lehnert, the Commander of Military Police at Guantanamo, repeals the contested rule, but announces turbans will be checked periodically. Prisoner Ansar later says that, as a result of the strike, “Prayers were allowed….” [New York Times, 6/21/2004] Nevertheless, 75 detainees still refuse lunch and dinner on Friday, and 85 refuse breakfast on Saturday. [CNN, 3/2/2002] Strikers are relocated to a single cellblock where they can be more effectively monitored. [Reuters, 3/7/2002] According to a March 2 CNN report, six hunger striking prisoners are forced to take intravenous liquids after they are found to have become seriously dehydrated. [CNN, 3/2/2002] Reuters reports that by March 7, 18 men are in need of being fed intravenously and that force has been used to provide fluids to “at least two” of them. [Reuters, 3/7/2002] At this point, less than 50 are still participating. However, most of the strikers have been taking some food some of the time. Only three have refused to eat all of the time. [Reuters, 3/7/2002] The strike thus slowly fades out. Lehnert later admits that the removed turban was not the only cause for the hunger strike, and that detainees were also motivated by frustration about their indefinite detention and uncertainty regarding their possible charges. [CNN, 3/2/2002] He stresses, however, that the detainees were mostly interested in media coverage. Lt. Col. Bill Cline claims that it is “their way of getting attention.” [Reuters, 3/7/2002]

Entity Tags: Bill Cline, Michael R. Lehnert

Timeline Tags: Torture of US Captives

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

Timeline Tags: Torture of US Captives

In the wake of the defeat of al-Qaeda and the Taliban at Tora Bora, Afghanistan, many of them flee into the tribal region of Waziristan, just across the Pakistani border (see December 2001-Spring 2002). These tribal regions normally have no Pakistani military presence, and the Pakistani army left the border near Waziristan unguarded (see December 10, 2001). [Rashid, 2008, pp. 148, 268] In early May, the US begins applying pressure on Pakistan to act. On anonymous Defense Department official tells the Washington Post, “We know where there is a large concentration of al-Qaeda.” He notes there are several hundred in one Waziristan border town alone. A senior US offical says, “We are trying to encourage, wheedle, coerce, urge the Pakistanis to move more aggressively” against the Waziristan safe haven, but have not been having much progress. [Washington Post, 5/12/2002] Pakistan finally moves army units into Waziristan in late May 2002, but even then the 8,000 troops remain in the administrative capital of Wana and do not attempt to seal the border with Afghanistan. [Rashid, 2008, pp. 148, 268]

Entity Tags: Al-Qaeda, Pakistani Army

Timeline Tags: Complete 911 Timeline, War in Afghanistan

In June 2002, US military officers in Bagram, Afghanistan, tell Pakistani journalist Ahmed Rashid that up to 3,500 al-Qaeda-linked militants are hiding out in the Pakistani tribal area of South Waziristan (see December 2001-Spring 2002). They say they cannot understand why the Pakistani ISI is turning a blind eye to them. Some Pakistani army units moved into the area in May, but they only patrol the administrative capitol of Wana. At the time, Pakistani President Pervez Musharraf is claiming he has no troops to spare for the tribal region due to tensions with India. [Rashid, 2008, pp. 268] Pakistan will not allow US troops to enter the tribal regions (see Early 2002 and After).

Entity Tags: Pervez Musharraf, Al-Qaeda

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives

As the administration’s push to convince Americans that the Iraq war is necessary is reaching its height, the Pentagon sends its military analysts out to the television networks and the press (see April 20, 2008 and Early 2002 and Beyond) with talking points portraying Iraq as an imminent threat. The analysts are to emphasize that Iraq has chemical and biological weapons that it can and will use, that it is developing nuclear weapons, and that it is sure to provide these weapons to al-Qaeda. A military invasion, the talking points state, is not only a necessity, but will be a relatively quick, relatively bloodless, and relatively inexpensive “war of liberation.” Pentagon public relations chief Victoria Clarke and her staff are thrilled at how well the analysts incorporate Pentagon talking points into their own presentations. Clarke’s aide Brent Krueger recalls: “You could see that they were messaging. You could see they were taking verbatim what the secretary was saying or what the technical specialists were saying. And they were saying it over and over and over.” Some days, “We were able to click on every single station and every one of our folks were up there delivering our message. You’d look at them and say, ‘This is working.’” [New York Times, 4/20/2008]

Entity Tags: Bush administration (43), Brent T. Krueger, Al-Qaeda, US Department of Defense, Victoria (“Torie”) Clarke

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

A man claiming to be Osama bin Laden calls for the overthrow of Pakistani President Pervez Musharraf in a message made public on this day. The man calls on “my Pakistani Muslim brothers… to get rid of the shameful Musharraf.” [Rashid, 2008, pp. 230, 436] Despite this, Musharraf makes no serious attempt to disrupt an al-Qaeda safe haven in Pakistan’s tribal region where most al-Qaeda leaders are believed to be hiding, and in fact elements of the Pakistani government continue to assist al-Qaeda there (see Late 2002-Late 2003). Musharraf will finally take some action against al-Qaeda’s presence in Pakistan after two failed assassination attempts against him in late 2003 (see December 14 and 25, 2003).

Entity Tags: Pervez Musharraf, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives

As part of the orchestrated media blitz to make the case for war with Iraq (see October 10, 2001, November 6-8, 2001, Late 2001 and After, and Early 2002 and Beyond), former Nixon speechwriter William Safire writes in the New York Times, “It is absurd to claim… that Iraq is not an active collaborator with, harborer of, and source of sophisticated training and unconventional weaponry for bin Laden’s world terror network.” [Unger, 2007, pp. 228]

Entity Tags: William Safire

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Pakistan’s tribal region, shown in various colors, while the rest of Pakistan is in green. FATA stands for Federally Administered Tribal Areas, the bureaucratic name for the area.Pakistan’s tribal region, shown in various colors, while the rest of Pakistan is in green. FATA stands for Federally Administered Tribal Areas, the bureaucratic name for the area. [Source: Public domain via Wikipedia]Thousands of al-Qaeda-linked militants have been regrouping in the Pakistan tribal region of South Waziristan (see Late May 2002 and June 2002). By late 2002, these forces begin regularly attacking US outposts, also known as firebases, just across the border in Afghanistan. In December 2002, the US is forced to abandon the Lawara firebase after phosphorus rockets fired on the base burn US Special Forces vehicles. US military officials begin to complain that the Pakistani government’s Frontier Corps is not only turning a blind eye to these attacks, but is actually helping al-Qaeda forces cross the border and providing covering fire for their attacks. US forces are not allowed to pursue al-Qaeda forces across the Pakistan border (see Early 2002 and After). In January 2003, US commander Lieutenant General Dan McNeill publicly speaks out about the situation despite orders from his superiors not to. He says, “US forces acknowledge the internationally recognized boundaries of Afghanistan, but may pursue attackers who attempted to escape into Pakistan to evade capture or retaliation.” Around the same time, the US media begins to report that the Pakistani government is allowing militants to attack US positions across the border (see December 2002-February 2003). Pakistan comes under increasing pressure to do something, but takes no action. Confident of their position, militants begin killing tribal elders who they suspect are not loyal to them, further cementing their control and causing many to flee. Some fleeing locals claim that the Pakistani ISI is frequently meeting with al-Qaeda and Taliban leaders there, such as Taliban leader Jalaluddin Haqqani, and apparently supporting them. [Rashid, 2008, pp. 440] The Pakistani army commander in the region, Lieutenant General Ali Jan Orakzai, is considered a close friend of Pakistani President Pervez Musharraf. It is believed he intensely hates the US and NATO, and has sympathy for the Taliban. He will later call them a “national liberation movement.” [Rashid, 2008, pp. 277, 384] The Pakistani army will finally launch its first limited attack against al-Qaeda in October 2003 (see October 2, 2003).

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Frontier Corps, Al-Qaeda, Ali Jan Orakzai, Daniel K. McNeill, Taliban, Jalaluddin Haqqani

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

Entity Tags: William J. Haynes, Donald Rumsfeld

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Former Green Beret Robert Bevelacqua, a Fox News military analyst and a part of the Pentagon’s propaganda operation to promote the Iraq war (see April 20, 2008 and Early 2002 and Beyond), is, along with other analysts, briefed about Iraq’s purported stockpiles of weapons of mass destruction. When he asks his briefer about “smoking gun” proof, the briefer admits, “We don’t have any hard evidence.” Bevelacqua and the other analysts are alarmed by the concession. Another analyst, retired Army lieutenant colonel Robert Maginnis, who works in the Pentagon for a military contractor, is at the same briefing. Maginnis later confirms Bevelacqua’s recollection, saying that he felt “very disappointed” and that he and the other analysts were being “manipulated” to believe in weapons that were not proven to exist. Yet Bevelacqua, Maginnis, and other analysts are firm in their on-air insistence that these weapons do indeed exist. Bevelacqua has started a new defense contracting business, the wvc3 Group, and hopes to win lucrative government contracts. “There’s no way I was going to go down that road and get completely torn apart,” he will later say. “You’re talking about fighting a huge machine.” [New York Times, 4/20/2008]

Entity Tags: Fox News, Bush administration (43), US Department of Defense, wvc3 Group, Robert Maginnis, Robert Bevelacqua

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

Alberto Mora, the Navy’s general counsel, meets for a second time with Pentagon general counsel William J. Haynes, who he had tried unsuccessfully to convince to join him in opposing the use of extreme interrogation methods at Guantanamo (see December 20, 2002). Mora will write in a June 2004 memo (see July 7, 2004) that when he tells Haynes how disappointed he is that nothing has been done to stop abuse at Guantanamo, Haynes retorts that “US officials believed the techniques were necessary to obtain information,” and that the interrogations might prevent future attacks against the US and save American lives. Mora acknowledges that he can imagine any number of “ticking bomb” scenarios where it might be the proper, if not the legal, thing to torture suspects. But, he asks, how many lives must be saved to justify torture? Hundreds? Thousands? Where do we draw the line? Shouldn’t there be a public debate on the issue? Mora is doubtful that anyone at Guantanamo would be involved in such a scenario, since almost all of the Guantanamo detainees have been in custody for over a year. He also warns Haynes that the legal opinions the administration is using will probably not stand up in court. If that is the case, then US officials could face criminal charges. Secretary of Defense Donald Rumsfeld could find himself in court; the presidency itself could be damaged. “Protect your client!” he says. When Haynes relates Mora’s concerns to Rumsfeld, according to a former administration official, Rumsfeld responds with jokes about how gentle the interrogation techniques are. “Torture?” he asks rhetorically. “That’s not torture!” He himself stands for up to ten hours a day, he says, and prisoners are not allowed to stand for over four. The official will recall, “His attitude was, ‘What’s the big deal?’” Mora continues to push his arguments, but, as a former Pentagon colleague will recall: “people were beginning to roll their eyes. It was like, ‘Yeah, we’ve already heard this.’” [New Yorker, 2/27/2006]

Entity Tags: William J. Haynes, Alberto Mora, US Department of Defense, Donald Rumsfeld

Timeline Tags: Torture of US Captives, Civil Liberties

The Navy’s general counsel, Alberto Mora, is angered at the lack of response to his attempts to persuade the Pentagon to stop abusing prisoners at Guantanamo and is particularly frustrated with the Pentagon’s general counsel, William J. Haynes (see December 20, 2002 and January 9, 2003 and After). Mora decides to take a step that he knows will antagonize Haynes, who always warns subordinates never to put anything controversial in writing or in e-mail messages. Mora delivers an unsigned draft memo of his objections to Haynes, and tells him that he intends to “sign it out” that afternoon—thereby making it an official document—unless the harsh interrogation techniques at Guantanamo stop. Mora’s memo describes the interrogations at Guantanamo as “at a minimum cruel and unusual treatment, and, at worst, torture.”
'Working Group to Be Created - Haynes calls Mora later that day with good news: Defense Secretary Donald Rumsfeld is suspending his authorization of the disputed interrogation techniques (see December 2, 2002) and is appointing a “working group” of lawyers from all branches of the armed forces to develop new interrogation guidelines. Mora will be a part of that working group. An elated Mora begins working with the group of lawyers to discuss the constitutionality and effectiveness of various interrogation techniques. In 2006, he will say that he felt “no one would ever learn about the best thing I’d ever done in my life.”
Mora Outmaneuvered - But Haynes has outmaneuvered Mora. A week later, Mora sees a lengthy classified document that negates every argument he has made. Haynes has already solicited a second, overarching opinion from John Yoo, a lawyer at the Justice Department’s Office of Legal Counsel, that supersedes Mora’s working group (see January 9, 2002). Mora is astonished (see January 23-Late January, 2003). He will later learn that the working group’s report will be forced to comply with Yoo’s legal reasoning. In fact, the group’s final report is never completed—though the draft report, which follows Yoo’s memo, is signed by Rumsfeld without Mora’s knowledge. [New Yorker, 2/27/2006] Mora later says that while Yoo’s memo displays a “seeming sophistication,” it is “profoundly in error,” contradicting both domestic law and international treaties. Mora and the other “dissident” members of the working group are led to believe that the report has been abandoned. [Savage, 2007, pp. 181] He will learn about Rumsfeld’s signature on the draft report while watching C-SPAN in mid-2004. [New Yorker, 2/27/2006; Savage, 2007, pp. 189]

Entity Tags: US Department of Defense, US Department of Justice, Alberto Mora, John C. Yoo, Office of Legal Counsel (DOJ), Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

During a joint press conference, French President Jacques Chirac and German Chancellor Gerhard Schroeder announce that they intend to work together to oppose the Bush administration’s plan to invade Iraq. Schroeder says to a crowd of hundreds of French and German students in Berlin, “We are both of the opinion… that one can never accept it when it is said that war is unavoidable.” [BBC, 1/22/2003; BBC, 1/23/2003] Back in Washington, a reporter asks Secretary of Defense Donald Rumsfeld if he thinks the actions of France and Germany would leave the United States without European support. To this Rumsfeld, responds: “Now, you’re thinking of Europe as Germany and France. I don’t. I think that’s old Europe. If you look at the entire NATO Europe today, the center of gravity is shifting to the east…. Germany has been a problem, and France has been a problem…. But you look at vast numbers of other countries in Europe. They’re not with France and Germany on this, they’re with the United States.” [US Department of Defense, 1/22/2003; BBC, 1/23/2003]

Entity Tags: Jacques Chirac, Gerhard Schroeder, Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion

The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). [New Yorker, 2/27/2006]

Entity Tags: William J. Haynes, David S. Addington, Alberto Mora, John C. Yoo, Mary L. Walker, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Defense, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

Victoria “Torie” Clark, the head of public relations for the Defense Department (see May 2001), develops the idea of embedding reporters with troops during the US invasion of Iraq. In a memo for the National Security Council, Clarke, with the approval of Defense Secretary Donald Rumsfeld, argues that allowing journalists to report from the battlefields and front lines will give Americans the chance to get the story, both “good or bad—before others seed the media with disinformation and distortions, as they most certainly will continue to do. Our people in the field need to tell our story. Only commanders can ensure the media get to the story alongside the troops. We must organize for and facilitate access of national and international media to our forces, including those forces engaged in ground operations.” [US Department of Defense, 2/2003 pdf file; Bill Berkowitz, 5/10/2008]

Entity Tags: National Security Council, Victoria (“Torie”) Clarke, Donald Rumsfeld, US Department of Defense

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

Colin Powell and George Tenet, at the UN presentation.Colin Powell and George Tenet, at the UN presentation. [Source: CBS News]US Secretary of State Colin Powell presents the Bush administration’s case against Saddam to the UN Security Council, in advance of an expected vote on a second resolution that the US and Britain hope will provide the justification to use military force against Iraq. [US Department of State, 2/5/2003] At the insistence of Powell, CIA Director George Tenet is seated directly behind him to the right. “It was theater, a device to signal to the world that Powell was relying on the CIA to make his case that Iraq had weapons of mass destruction,” Vanity Fair magazine will later explain. [Bamford, 2004, pp. 371-2; Vanity Fair, 5/2004, pp. 232] In his speech before the Council, Powell makes the case that Iraq is in further material breach of past UN resolutions, specifically the most recent one, UN Resolution 1441 (see November 8, 2002). Sources cited in Powell’s presentation include defectors, informants, communication intercepts, procurement records, photographs, and detainees. [US Department of State, 2/5/2003] Most of the allegations made by Powell are later demonstrated to be false. “The defectors and other sources went unidentified,” the Associated Press will later report. “The audiotapes were uncorroborated, as were the photo interpretations. No other supporting documents were presented. Little was independently verifiable.” [Associated Press, 8/9/2003]
Iraq's December 7 Declaration Was Inaccurate - Powell contends that Iraq’s December 7 declaration was not complete. According to UN Resolution 1441 the document was supposed to be a “currently accurate, full and complete declaration of all aspects” of its programs to develop weapons of mass destruction. But Saddam has not done this, says Powell, who explains that Iraq has yet to provide sufficient evidence that it destroyed its previously declared stock of 8,500 liters of anthrax, as it claimed in the declaration. Furthermore, notes the secretary of state, UNSCOM inspectors had previously estimated that Iraq possessed the raw materials to produce as much as 25,000 liters of the virus. [New York Times, 2/5/2003; US Department of State, 2/5/2003; Washington Post, 2/6/2003]
Iraq Has Ties to Al-Qaeda - Powell repeats earlier claims that Saddam Hussein’s government has ties to al-Qaeda. Powell focuses on the cases of the militant Islamic group Ansar-al-Islam and Abu Musab Zarqawi, a Jordanian-born Palestinian, who had received medical treatment in Baghdad during the summer of 2002 (see December 2001-Mid-2002). [US Department of State, 2/5/2003] However, just days before Powell’s speech, US and British intelligence officials—speaking on condition of anonymity—told the press that the administration’s allegations of Iraqi-al-Qaeda ties were based on information provided by Kurdish groups, who, as enemies of Ansar-al-Islam, should not be considered reliable. Furthermore, these sources unequivocally stated that intelligence analysts on both sides of the Atlantic remained unconvinced of the purported links between Iraq and al-Qaeda (see February 3-4, 2003). [Independent, 2/3/2003; Daily Telegraph, 2/4/2003] Powell also claims that Iraq provided “chemical or biological weapons training for two al-Qaeda associates beginning in December 2000.” The claim is based on a September 2002 CIA document which had warned that its sources were of “varying reliability” and that the claim was not substantiated (see September 2002). The report’s main source, Ibn al-Shaykh al-Libi, an al-Qaeda operative who offered the information to CIA interrogators while in custody, later recounts the claim (see February 14, 2004). [CNN, 9/26/2002; New York Times, 7/31/2004; Newsweek, 7/5/2005] Larry Wilkerson, Powell’s chief of staff, will later say that neither he nor Powell ever received “any dissent with respect to those lines… indeed the entire section that now we know came from [al-Libi].” [Newsweek, 11/10/2005] Senior US officials will admit to the New York Times and Washington Post after the presentation that the administration was not claiming that Saddam Hussein is “exercising operational control” of al-Qaeda. [New York Times, 2/6/2003; Washington Post, 2/7/2003]
Iraq Has Missiles Capable of Flying Up to 1,200 Kilometers - Describing a photo of the al-Rafah weapons site, Powell says: “As part of this effort, another little piece of evidence, Iraq has built an engine test stand that is larger than anything it has ever had. Notice the dramatic difference in size between the test stand on the left, the old one, and the new one on the right. Note the large exhaust vent. This is where the flame from the engine comes out. The exhaust vent on the right test stand is five times longer than the one on the left. The one of the left is used for short-range missiles. The one on the right is clearly intended for long-range missiles that can fly 1,200 kilometers. This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” [US Department of State, 2/5/2003; New York Times, 2/5/2003] But according to the Associated Press, “… UN missile experts have reported inspecting al-Rafah at least five times since inspections resumed Nov. 27, have studied the specifications of the new test stand, regularly monitor tests at the installation, and thus far have reported no concerns.” [Associated Press, 2/7/2003] Similarly, Reuters quotes Ali Jassem, an Iraqi official, who explains that the large stand referred to in Powell’s speech is not yet in operation and that its larger size is due to the fact that it will be testing engines horizontally. [Reuters, 2/7/2003; Guardian, 2/15/2003] Several days later, Blix will report to the UN that “so far, the test stand has not been associated with a proscribed activity.” [Guardian, 2/15/2003]
Iraqis Attempted to Hide Evidence from Inspectors - Powell shows the UN Security Council satellite shots depicting what he claims are chemical weapons bunkers and convoys of Iraqi cargo trucks preparing to transport ballistic missile components from a weapons site just two days before the arrival of inspectors. “We saw this kind of housecleaning at close to 30 sites,” Powell explains. “We must ask ourselves: Why would Iraq suddenly move equipment of this nature before inspections if they were anxious to demonstrate what they had or did not have?” [US Department of State, 2/5/2003] But the photos are interpreted differently by others. An unnamed UN official and German UN Inspector Peter Franck both say the trucks in the photos are actually fire engines. [Mercury News (San Jose), 3/18/2003; Agence France-Presse, 6/6/2003]
'Literally Removed the Crust of the Earth' - Another series of photos—taken during the spring and summer of 2002—show that Iraqis have removed a layer of topsoil from the al-Musayyib chemical complex. This piece of evidence, combined with information provided by an unnamed source, leads Powell to draw the following conclusion: “The Iraqis literally removed the crust of the earth from large portions of this site in order to conceal chemical weapons evidence that would be there from years of chemical weapons activity.” [US Department of State, 2/5/2003; Washington Post, 2/6/2003] Showing another series of pictures—one taken on November 10 (before inspections) and one taken on December 22—Powell says that a guard station and decontamination truck were removed prior to the arrival of inspectors. Powell does not explain how he knows that the truck in the photograph was a decontamination truck. [US Department of State, 2/5/2003; Washington Post, 2/6/2003; Washington Post, 2/6/2003] AP reporter Charles Hanley says that some of Powell’s claims that Iraq is hiding evidence are “ridiculous.” Powell says of a missile site, “This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” Hanley later says, “What he neglected to mention was that the inspectors were underneath, watching what was going on.” [PBS, 4/25/2007]
Communication Intercepts Demonstrate Iraqi Attempts to Conceal Information from Inspectors - Powell plays recordings of three conversations intercepted by US intelligence—one on November 26, another on January 30, and a third, a “few weeks” before. The conversations suggest that the Iraqis were attempting to hide evidence from inspectors. [New York Times, 2/5/2003; US Department of State, 2/5/2003; London Times, 2/6/2003; Sydney Morning Herald, 2/7/2003] Senior administration officials concede to the Washington Post that it was not known “what military items were discussed in the intercepts.” [Washington Post, 2/13/2003] Some critics argue that the intercepts were presented out of context and open to interpretation. [Sydney Morning Herald, 2/7/2003; Sydney Morning Herald, 2/9/2003] Others note that the conversations were translated from Arabic by US translators and were not analyzed or verified by an independent specialist. [Newsday, 2/6/2003]
Biological Weapons Factories - Colin Powell says that US intelligence has “firsthand descriptions” that Iraq has 18 mobile biological weapons factories mounted on trucks and railroad cars. Information about the mobile weapons labs are based on the testimonies of four sources—a defected Iraqi chemical engineer who claims to have supervised one of these facilities, an Iraqi civil engineer (see December 20, 2001), a source in “a position to know,” and a defected Iraqi major (see February 11, 2002). Powell says that the mobile units are capable of producing enough dry biological agent in a single month to kill several thousand people. He shows computer-generated diagrams and pictures based on the sources’ descriptions of the facilities. Powell says that according to the chemical engineer, during the late 1990s, Iraq’s biological weapons scientists would often begin the production of pathogens on Thursday nights and complete the process on Fridays in order to evade UNSCOM inspectors whom Iraq believed would not conduct inspections on the Muslim holy day. [New York Times, 2/5/2003; US Department of State, 2/5/2003; Washington Post, 2/6/2003; Reuters, 2/11/2003] Powell tells the delegates, “The source was an eyewitness, an Iraqi chemical engineer, who supervised one of these facilities. He actually was present during biological agent production runs. He was also at the site when an accident occurred in 1998. Twelve technicians died from exposure to biological agents.” He displays models of the mobile trucks drawn from the source’s statements. [CBS News, 11/4/2007] Responding to the allegation, Iraqi officials will concede that they do in fact have mobile labs, but insist that they are not used for the development of weapons. According to the Iraqis, the mobile labs are used for food analysis for disease outbreaks, mobile field hospitals, a military field bakery, food and medicine refrigeration trucks, a mobile military morgue and mobile ice making trucks. [Guardian, 2/5/2003; ABC News, 5/21/2003] Iraq’s explanation is consistent with earlier assessments of the UN weapons inspectors. Before Powell’s presentation, Hans Blix had dismissed suggestions that the Iraqis were using mobile biological weapons labs, reporting that inspections of two alleged mobile labs had turned up nothing. “Two food-testing trucks have been inspected and nothing has been found,” Blix said. And Ewen Buchanan, spokesman for the UN Monitoring, Verification and Inspection Commission, said, “The outline and characteristics of these trucks that we inspected were all consistent with the declared purposes.” [Guardian, 2/5/2003; ABC News, 5/21/2003]
'Curveball' Primary Source of Claims - Powell’s case is further damaged when it is later learned that one of the sources Powell cited, the Iraqi major, had been earlier judged unreliable by intelligence agents at the Defense Intelligence Agency (see February 11, 2002). In May 2002, the analysts had issued a “fabricator notice” on the informant, noting that he had been “coached by [the] Iraqi National Congress” (INC) (see May 2002). But the main source for the claim had been an Iraqi defector known as “Curveball,” who was initially believed to be the brother of a top aide to Ahmed Chalabi. The source claimed to be a chemical engineer who had helped design and build the mobile labs. His information was passed to Washington through Germany’s intelligence service, the Bundesnachrichtendienst (BND), which had been introduced to the source by the INC. In passing along the information, the BND noted that there were “various problems with the source.” And only one member of the US intelligence community had actually met with the person—an unnamed Pentagon analyst who determined the man was an alcoholic and of dubious reliability. Yet both the DIA and the CIA validated the information. [Veteran Intelligence Professionals for Sanity, 8/22/2003; Los Angeles Times, 3/28/2004; Knight Ridder, 4/4/2004; Newsweek, 4/19/2004; Newsweek, 7/19/2004] Powell says that the US has three other intelligence sources besides Curveball for the mobile bioweapons labs. Powell will be infuriated to learn that none of those three sources ever corroborated Curveball’s story, and sometimes their information contradicted each other. One of the three had failed a polygraph test and was determined to have lied to his debriefers. Another had already been declared a fabricator by US intelligence community, and had been proven to have mined his information off the Internet. [Buzzflash (.com), 11/27/2007] In November 2007, Curveball is identified as Rafid Ahmed Alwan. Serious questions about Curveball’s veracity had already been raised by the time of Powell’s UN presentation. He will later be completely discredited (see November 4, 2007).
Further Problems with Mobile Lab Claims - In addition to the inspectors’ assessments and the dubious nature of the sources Powell cited, there are numerous other problems with the mobile factories claim. Raymond Zilinskas, a microbiologist and former UN weapons inspector, argues that significant amounts of pathogens such as anthrax, could not be produced in the short span of time suggested in Powell’s speech. “You normally would require 36 to 48 hours just to do the fermentation…. The short processing time seems suspicious to me.” He also says: “The only reason you would have mobile labs is to avoid inspectors, because everything about them is difficult. We know it is possible to build them—the United States developed mobile production plants, including one designed for an airplane—but it’s a big hassle. That’s why this strikes me as a bit far-fetched.” [Washington Post, 2/6/2003] After Powell’s speech, Blix will say in his March 7 report to the UN that his inspectors found no evidence of mobile weapons labs (see March 7, 2003). [CNN, 3/7/2003; Agence France-Presse, 3/7/2003; CNN, 3/7/2003] Reporter Bob Drogin, author of Curveball: Spies, Lies and the Con Man Who Caused a War, says in 2007, “[B]y the time Colin Powell goes to the UN to make the case for war, he shows the world artists’ conjectures based on analysts’ interpretations and extrapolations of Arabic-to-German-to-English translations of summary debriefing reports of interviews with a manic-depressive defector whom the Americans had never met. [CIA director George] Tenet told Powell that Curveball’s information was ironclad and unassailable. It was a travesty.” [Alternet, 10/22/2007]
'Four Tons' of VX Toxin - Powell also claims that Iraq has “four tons” of VX nerve toxin. “A single drop of VX on the skin will kill in minutes,” he says. “Four tons.” Hanley later notes, “He didn’t point out that most of that had already been destroyed. And, on point after point he failed to point out that these facilities about which he was raising such alarm were under repeated inspections good, expert people with very good equipment, and who were leaving behind cameras and other monitoring equipment to keep us a continuing eye on it.” [PBS, 4/25/2007]
Iraq is Developing Unmanned Drones Capable of Delivering Weapons of Mass Destruction - Powell asserts that Iraq has flight-tested an unmanned drone capable of flying up to 310 miles and is working on a liquid-fueled ballistic missile with a range of 745 miles. He plays a video of an Iraqi F-1 Mirage jet dispersing “simulated anthrax.” [US Department of State, 2/5/2003; New York Times, 2/5/2003; Washington Post, 2/6/2003] But the Associated Press will later report that the video was made prior to the 1991 Gulf War. Apparently, three of the four spray tanks shown in the film had been destroyed during the 1991 military intervention. [Associated Press, 8/9/2003]
Imported Aluminum Tubes were Meant for Centrifuge - Powell argues that the aluminum tubes which Iraq had attempted to import in July 2001 (see July 2001) were meant to be used in a nuclear weapons program and not for artillery rockets as experts from the US Energy Department, the INR, and the IAEA have been arguing (see February 3, 2003) (see January 11, 2003) (see August 17, 2001) (see January 27, 2003). To support the administration’s case, he cites unusually precise specifications and high tolerances for heat and stress. “It strikes me as quite odd that these tubes are manufactured to a tolerance that far exceeds US requirements for comparable rockets,” he says. “Maybe Iraqis just manufacture their conventional weapons to a higher standard than we do, but I don’t think so.” Powell also suggests that because the tubes were “anodized,” it was unlikely that they had been designed for conventional use. [US Department of State, 2/5/2003; Washington Post, 2/5/2003; Washington Post, 3/8/2003] Powell does not mention that numerous US nuclear scientists have dismissed this claim (see August 17, 2001) (see September 23, 2002) (see December 2002). [Albright, 10/9/2003] Powell also fails to say that Iraq has rockets identical to the Italian Medusa 81 mm rockets, which are of the same dimensions and made of the same alloy as the 3,000 tubes that were intercepted in July 2001 (see After January 22, 2003). [Washington Post, 8/10/2003] This had been reported just two weeks earlier by the Washington Post. [Washington Post, 1/24/2003] Moreover, just two days before, Powell was explicitly warned by the US State Department’s Bureau of Intelligence and Research not to cite the aluminum tubes as evidence that Iraq is pursuing nuclear weapons (see February 3, 2003). [Financial Times, 7/29/2003]
Iraq Attempted to Acquire Magnets for Use in a Gas Centrifuge Program - Powell says: “We… have intelligence from multiple sources that Iraq is attempting to acquire magnets and high-speed balancing machines. Both items can be used in a gas centrifuge program to enrich uranium. In 1999 and 2000, Iraqi officials negotiated with firms in Romania, India, Russia and Slovenia for the purchase of a magnet production plant. Iraq wanted the plant to produce magnets weighing 20 to 30 grams. That’s the same weight as the magnets used in Iraq’s gas centrifuge program before the Gulf War.” [US Department of State, 2/5/2003; New York Times, 2/6/2003] Investigation by the UN’s International Atomic Energy Agency [IAEA] will demonstrate that the magnets have a dual use. IAEA Director Mohamed ElBaradei said a little more than a week before, on January 27, in his report to the Security Council: “Iraq presented detailed information on a project to construct a facility to produce magnets for the Iraqi missile program, as well as for industrial applications, and that Iraq had prepared a solicitation of offers, but that the project had been delayed due to ‘financial credit arrangements.’ Preliminary investigations indicate that the specifications contained in the offer solicitation are consistent with those required for the declared intended uses. However, the IAEA will continue to investigate the matter….” (see January 27, 2003) [Annan, 1/27/2003 pdf file] On March 7, ElBaradei will provide an additional update: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters and field telephones. Through visits to research and production sites, reviews of engineering drawings and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” (see March 7, 2003) [CNN, 3/7/2003]
Iraq Attempted to Purchase Machines to Balance Centrifuge Rotors - Powell states: “Intercepted communications from mid-2000 through last summer show that Iraq front companies sought to buy machines that can be used to balance gas centrifuge rotors. One of these companies also had been involved in a failed effort in 2001 to smuggle aluminum tubes into Iraq.” [US Department of State, 2/5/2003; New York Times, 2/6/2003]
Powell Cites Documents Removed from Home of Iraqi Scientist Faleh Hassan - Powell cites the documents that had been found on January 16, 2003 by inspectors with the help of US intelligence at the Baghdad home of Faleh Hassan, a nuclear scientist. Powell asserts that the papers are a “dramatic confirmation” that Saddam Hussein is concealing evidence and not cooperating with the inspections. The 3,000 documents contained information relating to the laser enrichment of uranium (see January 16, 2003). [Daily Telegraph, 1/18/2003; Associated Press, 1/18/2003; BBC, 1/19/2003; US Department of State, 2/5/2003] A little more than a week later, in the inspectors’ February 14 update to the UN Security Council (see February 14, 2003), ElBaradei will say, “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” [Guardian, 2/15/2003; BBC, 2/17/2003; Associated Press, 8/9/2003]
Iraq is Hiding Missiles in the Desert - Powell says that according to unidentified sources, the Iraqis have hidden rocket launchers and warheads containing biological weapons in the western desert. He further contends that these caches of weapons are hidden in palm groves and moved to different locations on a weekly basis. [US Department of State, 2/5/2003] It will later be suggested that this claim was “lifted whole from an Iraqi general’s written account of hiding missiles in the 1991 war.” [Associated Press, 8/9/2003]
Iraq Has Scud Missiles - Powell also says that according to unnamed “intelligence sources,” Iraq has a few dozen Scud-type missiles. [Associated Press, 8/9/2003]
Iraq Has Weapons of Mass Destruction - Secretary of State Colin Powell states unequivocally: “We… have satellite photos that indicate that banned materials have recently been moved from a number of Iraqi weapons of mass destruction facilities. There can be no doubt that Saddam Hussein has biological weapons and the capability to rapidly produce more, many more.” Elsewhere in his speech he says: “We know that Saddam Hussein is determined to keep his weapons of mass destruction, is determined to make more.” [US Department of State, 2/5/2003; CNN, 2/5/2003]
Governments, Media Reaction Mixed - Powell’s speech will fail to convince many skeptical governments, nor will it impress many in the European media. But it will have a tremendous impact in the US media (see February 5, 2003 and After).

Alberto Mora, the Navy’s general counsel, invites Justice Department lawyer John Yoo to his office to discuss Yoo’s recent memo defending the legality of extreme interrogation techniques used against terror suspects (see January 9, 2002). Mora has been working to put an end to such tactics at the Pentagon, but was horrified when his supervisor, Pentagon general counsel William Haynes, outflanked him with the Yoo memo (see January 23-Late January, 2003). Mora wants to know if Yoo believes cruel, inhuman or degrading treatment can be allowed at Guantanamo, and if that the president’s authority to order torture is virtually unlimited. During the meeting with Yoo, Mora asks him, “Are you saying the President has the authority to order torture?” Yoo replies, “Yes.” “I don’t think so,” Mora retorts. “I’m not talking policy,” Yoo replies, “I’m just talking about the law.” Mora responds, “Well, where are we going to have the policy discussion, then?” Yoo has no idea. Perhaps it will take place within the Pentagon, where the defense-policy experts are. Mora knows that no such discussion will ever take place; the Bush administration will use Yoo’s memo to justify its support of torture. [New Yorker, 2/27/2006; Washington Post, 4/2/2008]

Entity Tags: William J. Haynes, John C. Yoo, Alberto Mora, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

General Shinseki testifying before the Senate, February 2003.General Shinseki testifying before the Senate, February 2003. [Source: Representational Pictures]General Eric Shinseki, the Army chief of staff, tells the Senate Armed Services Committee that “something on the order of several hundred thousand soldiers” will be needed to secure post-invasion Iraq. “We’re talking about post-hostilities control over a piece of geography that’s fairly significant, with the kinds of ethnic tensions that could lead to other problems. And so it takes a significant ground-force presence to maintain a safe and secure environment, to ensure that people are fed, that water is distributed, all the normal responsibilities that go along with administering a situation like this.” [Associated Press, 3/25/2003; New York Times, 1/12/2007] For his estimate, Shinseki will be publicly derided by Defense Secretary Donald Rumsfeld and his deputy Paul Wolfowitz (see February 27, 2003). [Vanity Fair, 2/2009]

Entity Tags: Paul Wolfowitz, Eric Shinseki, Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion

Jerry Bruckheimer.Jerry Bruckheimer. [Source: Thomas Robinson / Getty Images / Forbes]ABC airs the first of a six-episode reality series entitled Profiles from the Front Line, which purports to document the war in Afghanistan from the soldiers’ point of view. It was conceived and produced with the extensive help and oversight of the Pentagon. [Chicago Tribune, 2/26/2003] Filming for the show began in May 2002. [Los Angeles Times, 2/6/2003] ABC executives say that the show will tell the “compelling personal stories of the US military men and women who bear the burden of the fighting” in Afghanistan. The series was quickly approved by Victoria Clarke, the head of the Pentagon’s public relations office (see Early 2002 and Beyond), and by Rear Admiral Craig Quigley, the public relations commander of US Central Command. Clarke and Quigley granted the series producers unprecedented access to the troops, technical advice, and even the use of aircraft carriers for filming. In return, the Pentagon received the right to review and approve all footage before airing (in the interests of national security, Pentagon officials said). [Rich, 2006, pp. 32-33] The Pentagon denies that it asked for any changes in the series’ broadcast footage. [Washington Post, 3/9/2003]
Producers Insist Show Not Propaganda, No Censorship from Pentagon - Though the show is widely considered to be tied in to the Bush administration’s push for war with Iraq (some question the fact that the show was shelved for months before suddenly being approved just as news of the impending invasion began hitting the news), series producer Bertram van Munster says he came up with the idea after 9/11. “We were all kind of numb, I certainly was extremely numb for two or three weeks,” he will recall. “And I said I’ve got to do something.” Van Munster and his co-producer, famed movie and television producer Jerry Bruckheimer (an acknowledged Bush supporter best known for his action-film blockbusters such as Top Gun, Black Hawk Down, and Pearl Harbor, as well as the CSI television series), put together a proposal that van Munster says does not necessarily support President Bush’s war plans. Instead, he says, the show is intended to personalize America’s fighting forces. “There’s nothing flag-waving about death. We have people getting killed on the show,” he says. “In many ways, I see this thing as much anti-war as it is a portrait of what these people are doing out there.” Bruckheimer insists that the Defense Department did not exercise any censorship whatsoever except in minor instances, such as the withholding of a Special Forces soldier’s last name. “They didn’t use any censorship whatsoever,” Bruckheimer says. “They were very cooperative.… They were very receptive to the concept of showing what US forces were doing in Afghanistan.” The show’s own film, shot on location in Afghanistan, is bolstered by Defense Department footage. [Los Angeles Times, 2/6/2003; Chicago Tribune, 2/26/2003; Washington Post, 3/9/2003; Progressive, 4/1/2003; Rich, 2006, pp. 32-33] The Progressive’s Andrea Lewis calls the show “reality television, war movie, documentary video, and military propaganda all rolled into one.” Other critics call it “a Pentagon infomercial.” Bruckheimer denies that the show is propaganda, but admits that he ensured the show would present the positive face of the military: “Put it this way. If I were to rent your apartment, I’m not going to trash it. It wouldn’t be right. So I’m not going to go and expose all their blemishes.” [Progressive, 4/1/2003; Television Week, 7/14/2003]
Documentary or Reality TV? - Chicago Tribune reviewer Allan Johnson writes of the first episode: “Stirring orchestral music and editing, framing and [quick] pacing… succeed in instilling enough patriotic feelings so that Bush should give the producers a cheer. Which raises the question of whether such advocacy is appropriate in these sensitive times.” The first episode provides what Johnson calls a reflection of standard reality-show characters: the serious-minded father figure (a captain who commands 150 soldiers from the 82nd Airborne Division); a gung-ho aircraft mechanic who tells the camera that the terrorists “had better be ready for some payback, and it’s going to continue until we end it;” a roguish Special Forces sergeant who says his job is to “find and kill all al-Qaeda;” the stockbroker-turned-soldier whose wife weeps uncontrollably as he leaves for Afghanistan; and others. One soldier says with a smile, “I couldn’t think of any place I’d rather be than right here doing my job, knowing I’m doing my part to keep America free.” Lewis calls the soldiers who are profiled for the series “good looking, articulate, and enthusiastic about what they’re doing… archetypes of characters you’d expect to see in a big-budget Bruckheimer film.” Answering the question of whether the show is reality television or straight documentary, Bruckheimer says, “I think it’s a little bit of both.” Van Munster adds: “I think documentary and reality are actually brother and sister. And it’s also cinema verite.” [Chicago Tribune, 2/26/2003; Progressive, 4/1/2003] Others disagree. “It raises all sorts of questions, which are exacerbated by the entertainment factor,” says Robert Lichter, president of the Center for Media and Public Affairs. “One check on war news becoming propaganda is the professionalism of journalists, which will be ostentatiously lacking.… Documentaries are inherently more informative than entertainment. ‘Reality’ programming turns the tables.” [Los Angeles Times, 2/6/2003]
Journalists Shocked at Wide Access Enjoyed by Show's Producers, Camera Teams - Many war correspondents are shocked at the level of access, and the amount of cooperation, between the Pentagon and ABC, especially considering the difficulties they routinely encounter in getting near any battlefields. Even a complaint from ABC News regarding the show’s broad access as contrasted to the restrictions forced upon their reporters is rejected by ABC’s parent company, Disney. “There’s a lot of other ways to convey information to the American people than through news organizations,” Quigley says. [Rich, 2006, pp. 32-33] Lewis writes: “During the months when Profiles was filmed, ‘real’ journalists weren’t allowed anywhere near the front lines, and news organizations had to survive on a limited diet of highly coordinated military briefings. Meanwhile, Profiles camera crews were given nearly unlimited access to US soldiers in Afghanistan.” CBS anchor Dan Rather says: “I’m outraged by the Hollywoodization of the military. The Pentagon would rather make troops available as props in gung-ho videos than explain how the commanders let Osama bin Laden and al-Qaeda leaders escape or target the wrong villages.” [Progressive, 4/1/2003]
Show Used to 'Train' Pentagon for Embedding Journalists in Iraq - The Pentagon’s project officer for the series, Vince Ogilvie, later says that the interactions of the Profiles film crews and military personnel provided “a prelude to the process of embedding” media representatives in military units for war coverage in Iraq. The series had a number of different crews in different military units over its shooting schedule, Ogilvie will say: “Though they were not reporting on a daily basis, they were with the unit—living with the unit and reporting on what different individuals or units were involved in. With each passing day, week, month came a better understanding.” [Washington Post, 3/9/2003]
Show Not Renewed - The show will do extremely poorly in the ratings, and after its six-episode run is completed, it will not be renewed. [Rich, 2006, pp. 32-33] Van Munster will become involved in a shadowy Pentagon-driven project to document the Iraq occupation, of which little will be known. A Cato Institute official will say of that project: “This administration is fighting a PR battle over weapons of mass destruction and whether we’re getting bogged down in a quagmire. So maybe they want to frame their own message and own history about their time in Iraq.” [Television Week, 7/14/2003]

Entity Tags: American Broadcasting Corporation, Allan Johnson, Andrea Lewis, Cato Institute, Bush administration (43), Craig Quigley, Bertram van Munster, Robert Lichter, Jerry Bruckheimer, Dan Rather, Vince Ogilvie, Victoria (“Torie”) Clarke, US Department of Defense

Timeline Tags: Domestic Propaganda, War in Afghanistan

US National Guard units deployed to Iraq are less well-equipped than their counterparts in the Army.
bullet Helicopters lack aircraft survivability equipment which allows the helicopters to evade enemy fire. [St. Louis Post-Dispatch, 12/27/2003]
bullet Guardsmen complain of shortages of body armor, night vision goggles, ammunition, radar, uniforms, boots, cold weather gear, and two-way radios. Some guardsmen say that the equipment shortage are at times so severe that if they were operating according to Army rules the lack of equipment would have amounted to an “automatic mission-abort criteria.” [St. Louis Post-Dispatch, 12/27/2003; CBS News, 10/31/2004]

Entity Tags: National Guard

Timeline Tags: US Military, Treatment of US troops, Iraq under US Occupation

President Bush holds a press conference—only his eighth since taking office—in which he conflates Iraq and Saddam Hussein with the 9/11 attacks and the global war on terror at least 12 times. For instance, he says: “Iraq is a part of the war on terror. It’s a country that trains terrorists; it’s a country that could arm terrorists. Saddam Hussein and his weapons are a direct threat to this country.” Perhaps his most alarming statement is, “September the 11th should say to the American people that we’re now a battlefield.” [White House, 3/6/2003; Salon, 5/4/2006; PBS, 4/25/2007] Bush insists that he has not yet decided to take military action against Iraq (see March 6, 2003). [Salon, 5/4/2006]
Scripted and Orchestrated - Oddly, none of the 94 assembled journalists challenge Bush’s conflations, no one asks about Osama bin Laden, and no one asks follow-up questions to elicit information past the sound bites Bush delivers. There is a reason for that. In 2007, PBS’s Bill Moyers will report that “the White House press corps will ask no hard questions… about those claims,” because the entire press conference is scripted. “Sure enough, the president’s staff has given him a list of reporters to call on,” Moyers will report. Press Secretary Ari Fleischer later admits to giving Bush the list, which omits reporters from such media outlets as Time, Newsweek, USA Today, and the Washington Post. After calling on CNN reporter John King, Bush says, “This is a scripted—” and then breaks into laughter. King, like his colleagues, continues as if nothing untoward is happening. Author and media commentator Eric Boehlert will later say: “[Bush] sort of giggled and laughed. And, the reporters sort of laughed. And, I don’t know if it was out of embarrassment for him or embarrassment for them because they still continued to play along after his question was done. They all shot up their hands and pretended they had a chance of being called on.” Several questions later, Bush pretends to choose from the available reporters, saying: “Let’s see here… Elizabeth… Gregory… April.… Did you have a question or did I call upon you cold?” The reporter asks, “How is your faith guiding you?” Bush responds: “My faith sustains me because I pray daily. I pray for guidance.” Boehlert will later say: “I think it just crystallized what was wrong with the press coverage during the run up to the war. I think they felt like the war was gonna happen and the best thing for them to do was to get out of the way.” [White House, 3/6/2003; Salon, 5/4/2006; PBS, 4/25/2007]
Defending the Press's Complicity - New York Times reporter Elisabeth Bumiller, a participant in the conference, will later defends the press corps’ “timid behavior,” in Boehlert’s characterization, by saying: “I think we were very deferential because… it’s live, it’s very intense, it’s frightening to stand up there. Think about it, you’re standing up on prime-time live TV asking the president of the United States a question when the country’s about to go to war. There was a very serious, somber tone that evening, and no one wanted to get into an argument with the president at this very serious time.” [Salon, 5/4/2006]
Compliant Media Coverage - The broadcast news media, transmitting the live feed of the conference, could not have been more accommodating, author and media critic Frank Rich will later note. “CNN flashed the White House’s chosen messages in repetitive rotation on the bottom of the screen while the event was still going on—‘People of good will are hoping for peace’ and ‘My job is to protect America.’” After the conference, Fox News commentator Greta van Susteren tells her audience, “What I liked tonight was that in prime time [Bush] said to the American people, my job is to protect the American people.” [Rich, 2006, pp. 70]
Follow-Up Coverage Equally Stage-Managed - Boehlert notes that the post-conference coverage is equally one-sided. On MSNBC’s flagship news commentary show, Hardball, host Chris Matthews spends an hour discussing the conference and the upcoming invasion. Matthews invites six guests on. Five are advocates of the war, and one, given a few moments for “balance,” questions some of the assumptions behind the rationale for war. The five pro-war guests include an “independent military analyst,” retired General Montgomery Meigs, who is one of around 75 retired military officers later exposed as participants in a Pentagon propaganda operation designed to promote the war (see April 20, 2008 and Early 2002 and Beyond). [Salon, 5/4/2006]
Some Criticism Leveled - Several journalists later write harsh critiques of the conference and the media’s complicity (see March-April 2003).

Entity Tags: Montgomery Meigs, USA Today, Washington Post, Time magazine, MSNBC, George W. Bush, Greta Van Susteren, Ari Fleischer, Bill Moyers, CNN, Chris Matthews, Elisabeth Bumiller, John King, Frank Rich, Eric Boehlert, Newsweek

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

US broadcast and cable news outlets begin covering the first US strikes against Iraqi targets (see March 19, 2003 and March 19-20, 2003), but, as author and media critic Frank Rich will later note, their coverage often lacks accuracy. News broadcasts report “a decapitation strike” (see March 20, 2003) that lead US viewers to believe for hours that Saddam Hussein has been killed. CNN’s title card for its strike coverage reads, “Zero Hour for Iraq Arrives”; during its initial coverage, CNN features New York Times reporter Judith Miller, who credits “a slew of information from defectors” and other “intelligence sources”—those who had provided the foundation for Secretary of State Colin Powell’s “impressive speech to the United Nations” (see February 5, 2003)—with the imminent discovery and destruction of Iraq’s WMD stockpiles. “One person in Washington told me that the list could total more than 1,400 of those sites,” Miller says. Pentagon PR chief Victoria Clarke, who had created both the Pentagon’s “embed program” of reporters going into battle with selected military units (see February 2003) and the “military analysts” program of sending carefully selected retired flag officers to the press and television news programs to give the administration’s views of the war (see Early 2002 and Beyond), has overseen the construction of a briefing room for press conferences from US CENTCOM headquarters in Qatar: the $200,000 facility was designed by a production designer who had worked for, among others, Disney, MGM, and illusionist David Blaine. Clarke and the Pentagon marketing officials succeed in having their term to describe the initial assault, “shock and awe,” promulgated throughout the broadcast and cable coverage. (Fox and MSNBC will soon oblige the Pentagon by changing the name of their Iraqi coverage programming to the official administration name for the invasion, “Operation Iraqi Freedom.”) During the assault, as Rich will later write, “the pyrotechnics of Shock and Awe looked like a distant fireworks display, or perhaps the cool computer graphics of a Matrix-inspired video game, rather than the bombing of a large city. None of Baghdad’s nearly six million people were visible.” Pentagon spokesman Kenneth Bacon later says, “If you had hired actors [instead of the network news anchors], you could not have gotten better coverage.” [Rich, 2006, pp. 73-75]

Entity Tags: US Department of Defense, CNN, David Blaine, Frank Rich, Victoria (“Torie”) Clarke, Judith Miller, Kenneth Bacon

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

US forces fire more than 40 Tomahawk missiles at the Dora Farms compound on the Tigris River, where intelligence intercepts have indicated that Saddam Hussein may be holed up in an underground bunker. The Tomahawks are accompanied by “bunker-buster” bombs from F-117 Stealth fighters. The strike is an attempt to “decapitate” Iraq’s military and government by killing the dictator in the first hours of the assault (see March 19, 2003). The missile barrage destroys all of the building in the compound except the main palace. Unfortunately for the US military planners, Hussein is not at the compound; later intelligence learns that Hussein has not been at the Dora Farms complex since 1995. Hussein is at a safe house in Baghdad, watching the international television coverage of the strike and drafting a message to the Iraqi people. Hussein will remain in Baghdad for weeks, moving from safe house to safe house; though American forces will strike at numerous targets in Baghdad, none will come close to Hussein’s locations. [CBS News, 5/28/2003; New York Times, 3/12/2006; Unger, 2007, pp. 295]

Entity Tags: Saddam Hussein, US Department of Defense

Timeline Tags: Events Leading to Iraq Invasion

A photo of a slain US soldier as broadcast on Al Jazeera.A photo of a slain US soldier as broadcast on Al Jazeera. [Source: Al Jazeera / TheWE (.cc)]With the first broadcast of graphic, disturbing images from the Iraq war on Al Jazeera television news shows, the media coverage of the US strike begins turning away from what media critic Frank Rich will later call “cheerleading” (see March 19-20, 2003) to a more somber assessment of the events taking place in Iraq. Defense Secretary Donald Rumsfeld, appearing on CBS’s Face the Nation, is embarrassed when host Bob Schieffer shows part of an Al Jazeera film clip of US troops being killed. (The Pentagon is also denying media reports that around ten US soldiers were either captured or missing. The juxtaposition is inopportune for Rumsfeld and the “shock and awe” story he and the Defense Department wish to tell.) The Pentagon will quickly decide that for the US media to show such images violates “the principles of the Geneva Conventions” and attempt to stop them from being shown in the American press. The Pentagon’s proscription of such images being published and broadcast is only partially successful. ABC news anchor Charles Gibson engages in an on-air discussion of the propriety of airing such images with reporter Ted Koppel. Gibson says to broadcast such disturbing images would be “simply disrespectful,” a point with which Koppel, embedded with the Third Infantry Division, disagrees. The news media is “ginning up patriotic feelings” in covering the war, Koppel says: “I feel that we do have an obligation to remind people in the most graphic way that war is a dreadful thing.… The fact of the matter is young Americans are dying. Young Iraqis are dying. And I think to turn our faces away from that is a mistake.… To sanitize it too much is a dreadful mistake.” However, Koppel’s is not a popular argument. CNN decided at the onset of the war to minimize its broadcast of graphic imagery in deference to “the sensibilities of our viewers.” The other US television news outlets make similar decisions, leaving it to the BBC and other non-American news organizations to show what Rich calls “the savagery and blood of warfare.” Ex-Marine Anthony Swofford, who wrote the bestseller Jarhead about his experiences during the 1991 Gulf War, later says the television coverage is so sanitized that he quickly shut off his TV “and stayed with the print.… [T]he actual experience of combat doesn’t make it to the other side of the screen.” [Rich, 2006, pp. 76]

Entity Tags: Donald Rumsfeld, Al Jazeera, Anthony Swofford, Bob Schieffer, Charles Gibson, US Department of Defense, Ted Koppel, Geneva Conventions, Frank Rich

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

Bernard Trainor.Bernard Trainor. [Source: PBS]The New York Times examines the influence of retired military officers in influencing public opinion on the invasion of Iraq. Reporter John Cushman, Jr writes that “a whole constellation of retired one-, two-, three- and four-star generals—including many who led the recent wars in Afghanistan, Kosovo, and the Persian Gulf—can be seen night and day across the television firmament, navigation aids for viewers lost in a narrative that can be foggier than war itself.” All of the news broadcasters, including cable news outlets CNN, MSNBC, and Fox News, and the commercial networks’ news shows on ABC, CBS, and NBC rely on retired military officers to explain to their viewers what is happening in Iraq. Cushman acknowledges the “deep perspective” that the retired officers bring to the war coverage, particularly those who led the same units now on the ground, or at least “commanded, trained, or shared barracks and beers with the current commanders.” Retired Marine General Gregory Newbold recently told an ABC News audience, “If things haven’t gone exactly according to script, they’ve gone according to plan.” Newbold helped draw up the plans for the invasion as director of operations for the Joint Chiefs of Staff.
Questions Raised - How much do the military analysts actually know? Cushman asks, and are they giving out more information than they should? Many of the analysts receive what Cushman calls “occasional briefings from the Pentagon” (he is apparently unaware of the Pentagon’s propaganda operation involving these selfsame analysts—see April 20, 2008 and Early 2002 and Beyond), and garner much of their information from public sources and from their friends and former colleagues in the military. Cushman goes on to observe that almost all of the analysts have “evident sympathies with the current commanders”; between those sympathies and their “immersion in [military] doctrines,” their objectivity is in doubt—or as Cushman delicately phrases it, their experience and bias “sometimes seem to immunize them to the self-imposed skepticism of the news organizations that now employ them.” After conducting “a detailed review of their recent remarks,” Cushman says that it is a rarity when an analyst criticizes the conduct of the war. “Instead, they tend gravely to point out the timeless risks of combat.” One sharp exception is from retired Army General Wesley Clark, the former supreme commander of NATO, who recently questioned whether the military had committed enough troops on the ground. More typical is recent remarks by retired Army General Wayne Downing, a commander in the 1991 Gulf War. Downing lavished praise on the invasion’s supreme commander, General Tommy Franks. Cushman notes that Downing “rattl[ed] off the story of his old comrade’s career as if by rote.”
Technical Details Vs. Analysis - The retired officers do “reasonably well” in explaining what Cushman calls “the nuts and bolts of an operation, the technical details of weapons, the decisions facing American and British commanders.” Their speculations about what the Iraqis might be doing and thinking are more problematic. One analyst, retired Marine General Bernard Trainor, almost seemed to invite chemical or biological retaliation from the Iraqis when he told an MSNBC audience: “If he moves, we kill him; if he stays put, we kill him. And regardless of what they’re told to do over the network, whatever is left of the command and control, unless it comes down to using chemical weapons, then the rest of it is just ancillary. If this is going to be the communication of red telephone, if you will, to tell people to launch chemical weapons—and we’re reaching that point in the operation—if they’re going to use their stuff, they’d better start thinking about it, because pretty soon we’re in downtown Baghdad.” Clark, considered the most polished and urbane of the analysts, takes a different tack, and notes repeatedly that the analysts are careful not to give away details of current operations and thus endanger American troops. All of the analysts, Cushman writes, “emphasize the gravity of what the military is up to in Iraq.” As Clark told an audience, “It’s not entertainment.” [New York Times, 3/25/2003]

Entity Tags: MSNBC, Fox News, CNN, CBS News, Bernard Trainor, ABC News, Gregory Newbold, Joint Chiefs of Staff, Thomas Franks, US Department of Defense, Wayne Downing, Wesley Clark, NBC, New York Times, John Cushman, Jr

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

Sheldon Rampton.Sheldon Rampton. [Source: Sheldon Rampton]Author Sheldon Rampton, an expert on public relations and propaganda, observes that the Bush administration uses what he calls “the framework of a ‘propaganda model’ of communication” in releasing information to the public and coordinating communications between administration officials and outsiders (see Early 2002 and Beyond, January 2003, and March 6, 2003). Rampton says such a model’s “strategies and assumptions are fundamentally contrary to a democratic model.… The goal of the propaganda model is simply to achieve efficient indoctrination, and it therefore tends to regard the assumptions of the democratic model as inconvenient obstacles to efficient communication.”
Inherent Contradictions - Rampton notes that using the propaganda model as a communications strategy on such a large scale is impossible in the long term. One problem the Bush administration is facing is in countering the growing disaffection with the US among other nations while simultaneously refusing to listen to criticism from these nations. He cites as examples Defense Secretary Donald Rumsfeld’s contemptuous dismissal of European opponents to the Iraq invasion as members of “old Europe” (see January 22, 2003), and Bush’s dismissal of recent worldwide protests with over 11 million participants by saying he doesn’t “decide policy based upon a focus group.” Rampton writes, “Bush’s statement speaks volumes about his inability to think outside the framework of a propaganda model of communication.” The Bush administration is an avid consumer of polls, though it goes to extraordinary lengths to give the impression that it does not. Columnist Joshua Green recently wrote that instead of using polls to determine policy, as the Clinton administration was often accused of doing, in the Bush White House, “[p]olicies are chosen beforehand [and] polls [are] used to spin them.… Because many of Bush’s policies aren’t necessarily popular with a majority of voters, [his pollsters’] job essentially consists of finding words to sell them to the public.” The administration has similar problems with spreading propaganda among foreign nations, particularly among Middle Eastern nations. Rampton writes: “The real problem with the Bush administration is that it doesn’t listen to anything but focus groups. It never thinks of public opinion as worth considering in its own right, and instead merely uses it to refine the message points that go out each day in its ‘Global Messenger’ emails” (see January 2003).
Self-Indoctrination - Rampton notes that while the Bush administration’s propaganda efforts often fail to produce the desired effects, at least to the degree desired, such persistent propaganda practices often have more success in “indoctrinating the propagandist themselves.… The discipline of ‘ensuring message consistency’ cannot hope to succeed at controlling the world’s perceptions of something as broad, sprawling, and contradictory as the Bush administration’s foreign policy. However, it may be successful at enabling people like George W. Bush and Donald Rumsfeld to ignore the warnings coming from Europe and other quarters. As our leaders lose their ability to listen to critics, we face the danger that they will underestimate the risks and costs involved in going to war.” [PRWatch, 4/2003]

Entity Tags: Donald Rumsfeld, Joshua Green, Sheldon Rampton, Bush administration (43), Clinton administration

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

As the initial media exuberance over the “shock and awe” assault on Iraq (see March 19-20, 2003) begins to fade, questions begin to mount about the plans for rebuilding Iraq after the invasion and inevitable toppling of the Saddam Hussein regime. Bush administration officials had assumed that military operations would end in 30 days, according to White House briefings. Some senior administration officials admit to the New York Times that that assumption now seems “overly optimistic.” As reported by David Sanger, those officials “say that the American military will likely need to retain tight control over the country for longer than they anticipated.” But administration officials insist that they remain committed to giving over control of the country to the newly liberated Iraqis very soon. “The Iraqi people will administer Iraq,” says White House press secretary Ari Fleischer, adding that President Bush is as committed to that goal now as he was before the war began. However, some military officials now admit that the Iraqi resistance is far stiffer than had been anticipated, and the reception of American occupiers by the Iraqi people has been far less welcoming than US planners foresaw. The White House says that initial plans for an “Iraqi Interim Authority” as the genesis of a new Iraqi government have been put on hold until Baghdad can be secured and the remnants of the Hussein regime can be eliminated. Similarly, plans to turn over power to local Iraqi governance have also been delayed indefinitely, until cities like Basra can be purged of guerrilla resistance. “There were many of us who hoped to be creating a new government even before Iraq was fully under coalition control,” says one senior official. The White House intended to demonstrate quickly that “this is a liberation, not an occupation.” Now, “[t]hat may not be possible for some weeks.” To make matters more difficult, turf wars between the State Department and the Pentagon are inhibiting efforts to implement post-invasion plans, with Defense Department officials such as Douglas Feith blocking the hiring of outside experts for General Jay Garner’s reconstruction team (see January 2003). State officials say that Feith and other Pentagon ideologues want to place “like-minded former officials who have strong views about what a new Iraq should look like” in those slots, a charge which the Pentagon denies. [New York Times, 4/2/2003]

Entity Tags: US Department of State, Ari Fleischer, Bush administration (43), Jay Garner, David Sanger, George W. Bush, Douglas Feith, US Department of Defense

Timeline Tags: Events Leading to Iraq Invasion

A barely conscious Lynch lies on a stretcher. An American flag is draped over her chest. This will become one of the iconic photos of the Lynch saga.A barely conscious Lynch lies on a stretcher. An American flag is draped over her chest. This will become one of the iconic photos of the Lynch saga. [Source: Reuters / Corbis]The Washington Post prints a story purporting to detail the trials and tribulations of Private Jessica Lynch, captured in a recent ambush by Iraqi fighters (see March 23, 2003). The Post headline: “She Was Fighting to the Death.” According to the story, Lynch fought valiantly to defend her injured and killed comrades, herself killing several of her attackers and suffering repeated gunshot and stab wounds. [Washington Post, 4/3/2003; Baltimore Sun, 11/11/2003]
'Talk about Spunk!' - According to the tale, provided to Post reporters by unnamed US officials, Lynch continued firing until she ran out of ammunition, and even after suffering “multiple gunshot wounds.” An official says: “She was fighting to the death. She did not want to be taken alive.” One military official, senior military spokesman Captain Frank Thorp, tells reporters from the Military Times that Lynch “waged quite a battle prior to her capture. We do have very strong indications that Jessica Lynch was not captured very easily. Reports are that she fired her [M-16 rifle] until she had no more ammunition.” (This is not true, but Thorp will later deny that any deliberate deception occurred—see April 2007 and March 18, 2008.) Senator Pat Roberts (R-KS) is fulsome with his praise of Lynch after being briefed by Pentagon officials: “Talk about spunk! She just persevered. It takes that and a tremendous faith that your country is going to come and get you.” Initial reports indicated that she had been stabbed to death at the scene, but those reports were incorrect. Officials warn that “the precise sequence of events is still being determined, and that further information will emerge as Lynch is debriefed.” Pentagon officials say they have heard “rumors” of Lynch’s heroism, but as yet have no confirmation from either Lynch or other survivors. Eleven bodies were found at the hospital during her rescue; at least some of those bodies are believed to be those of US servicemen. Seven soldiers from Lynch’s 507th Ordnance Maintenance Company are still listed as missing in action; five others were captured after the attack. Iraqi broadcasts have shown video footage of the five, along with pictures of at least four US soldiers killed during the attack. Because of debriefing and counseling, it may be some time before Lynch is reunited with her family in West Virginia. [Washington Post, 4/3/2003; US News and World Report, 3/18/2008; Editor & Publisher, 7/14/2008] Other media stories add to the Post’s account. The New York Daily News reports: “Jessica was being tortured. That was the urgent word from an Iraqi man who alerted American troops where to find Pfc. Jessica Lynch—and her injuries seem to bear out the allegation.… Her broken bones are a telltale sign of torture, said Amy Waters Yarsinske, a former Navy intelligence officer and an expert on POW and MIA treatment. ‘It’s awfully hard to break both legs and an arm in a truck accident,’ Yarsinske said.” The Daily News is almost certainly referring to Mohammed Odeh al-Rehaief, the Iraqi who told US forces about Lynch being at an Iraqi hospital (see June 17, 2003). The Los Angeles Times reports Lynch was “flown to a US military hospital at Ramstein Air Base in Germany, where she was reported to be in stable condition, recovering from injuries said to include broken legs, a broken arm and at least one gunshot wound.” [Project for Excellence in Journalism, 6/23/2003]
Discrepancies in Story - An Iraqi pharmacist who was at the hospital during Lynch’s captivity says as far as he knew, Lynch only suffered leg wounds. He recalls her crying about wanting to go home. “She said every time, about wanting to go home,” the pharmacist recalls. “She knew that the American Army and the British were on the other side of the [Euphrates] river in Nasiriyah city.… She said, ‘Maybe this minute the American Army [will] come and get me.’” [Washington Post, 4/3/2003]
Story Almost Pure Fiction - According to subsequent investigations by reporters, the Pentagon tale as reported by the Post is almost pure fiction (see May 4, 2003 and June 17, 2003). Author and media critic Frank Rich will later write that at this point in the narrative, “Jessica Lynch herself, unable to speak, was reduced to a mere pawn, an innocent bystander in the production of her own big-budget action-packed biopic.” [Rich, 2006, pp. 82]

Entity Tags: Mohammed Odeh al-Rehaief, Pat Roberts, Frank Rich, Washington Post, US Department of Defense, Frank Thorp, Jessica Lynch, Amy Waters Yarsinske

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The priceless Warka Vase, looted from the National Museum and later returned.The priceless Warka Vase, looted from the National Museum and later returned. [Source: Art Daily (.com)]In a press briefing, Defense Secretary Donald Rumsfeld dismisses the wave of looting and vandalism throughout much of Iraq (see April 9, 2003 and After April 9, 2003) with the comment, “Stuff happens.” The looting is “part of the price” for freedom and democracy, he says, and blames “pent-up feelings” from years of oppression under the rule of Saddam Hussein. He goes on to note that the looting is not as bad as some television and newspaper reports are trying to make it out to be (see Late April-Early May, 2003 and May 20, 2003). “Freedom’s untidy, and free people are free to make mistakes and commit crimes and do bad things,” he tells reporters. “They’re also free to live their lives and do wonderful things. And that’s what’s going to happen here.” General Richard Myers, chairman of the Joint Chiefs of Staff, who is with Rumsfeld at the press briefing, agrees. “This is a transition period between war and what we hope will be a much more peaceful time,” he says. CNN describes Rumsfeld as “irritated by questions about the looting.” Rumsfeld says that the images of Iraqi citizens ransacking buildings gives “a fundamental misunderstanding” of what is happening in Iraq. “Very often the pictures are pictures of people going into the symbols of the regime, into the palaces, into the boats and into the Ba’ath Party headquarters and into the places that have been part of that repression,” he explains. “And while no one condones looting, on the other hand one can understand the pent-up feelings that may result from decades of repression and people who’ve had members of their family killed by that regime, for them to be taking their feelings out on that regime.” [US Department of Defense, 4/11/2003; CNN, 4/12/2003]
Accuses the Media of Exaggeration - Rumsfeld accuses the media of exaggerating the violence and unrest throughout the country: “I picked up a newspaper today and I couldn’t believe it. I read eight headlines that talked about chaos, violence, unrest. And it just was Henny Penny—‘The sky is falling.’ I’ve never seen anything like it! And here is a country that’s being liberated, here are people who are going from being repressed and held under the thumb of a vicious dictator, and they’re free. It’s just unbelievable how people can take that away from what is happening in that country! Do I think those words are unrepresentative? Yes.” [US Department of Defense, 4/11/2003] “Let me say one other thing,” he adds. “The images you are seeing on television you are seeing over, and over, and over, and it’s the same picture of some person walking out of some building with a vase, and you see it 20 times, and you think: ‘My goodness, were there that many vases? Is it possible that there were that many vases in the whole country?’” [Huffington Post, 4/11/2009]
'Looting, Lawlessness, and Chaos on the Streets of Iraq' - The next day, Toronto Star columnist Antonia Zerbiasias reports: “All day long, all over the dial, the visuals revealed looting, lawlessness, and chaos on the streets of Iraq. Nothing was off-limits, not stores, not homes, not embassies, certainly not Saddam Hussein’s palaces nor government buildings and, most disgustingly, not even hospitals.” She is “astonished” at Rumsfeld’s words, and observes that “the only free anything the Iraqis are going to get in the next little while is going to be whatever they can ‘liberate’ from electronics shops. Maybe Rumsfeld’s marketing people can come up with a slogan for that.” [Toronto Star, 4/12/2003]
Archaelogists Outraged at Rumsfeld's Remarks - Historians and archaeologists around the world are outraged at Rumsfeld’s remarks. Jane Waldbaum, the president of the Archaeological Institute of America, says her agency warned the US government about possible looting as far back as January 2003. She says she is as horrified by Rumsfeld’s cavalier attitude towards the looting as she is with the looting itself. “Donald Rumsfeld in his speech basically shrugged and said: ‘Boys will be boys. What’s a little looting?’” she says. “Freedom is messy, but freedom doesn’t mean you have the freedom to commit crimes. This loss is almost immeasurable.” [Salon, 4/17/2003]
Failure to Protect Hospitals, Museums - Four days after Rumsfeld makes his remarks, progressive columnist John Nichols notes that had a Democratic or liberal government official made such remarks, Republicans and conservatives would be “call[ing] for the head” of that official. Nichols notes what Rumsfeld failed to: that looters stripped hospitals, government buildings, and museums to the bare walls. He also asks why US soldiers did not stop the looting, quoting the deputy director of the Iraqi National Museum, Nabhal Amin, as saying: “The Americans were supposed to protect the museum. If they had just one tank and two soldiers nothing like this would have happened.” Nichols notes the irony in the selection of the Oil Ministry as the only government building afforded US protection. He concludes: “When US and allied troops took charge of the great cities of Europe during World War II, they proudly defended museums and other cultural institutions. They could have done the same in Baghdad. And they would have, had a signal come from the Pentagon. But the boss at the Pentagon, Donald Rumsfeld, who had promised to teach the Iraqi people how to live in freedom, was too busy explaining that rioting and looting are what free people are free to do.” [Nation, 4/15/2003]
Fired for Confronting Rumsfeld over Remark - Kenneth Adelman, a neoconservative member of the Defense Policy Board (DPB) who before the war said that the invasion of Iraq would be a “cakewalk” (see February 13, 2002), later confronts Rumsfeld over the “stuff happens” remark. In return, according to Adelman’s later recollection, Rumsfeld will ask him to resign from the DPB, calling him “negative.” Adelman will retort: “I am negative, Don. You’re absolutely right. I’m not negative about our friendship. But I think your decisions have been abysmal when it really counted. Start out with, you know, when you stood up there and said things—‘Stuff happens.‘… That’s your entry in Bartlett’s [Famous Quotations]. The only thing people will remember about you is ‘Stuff happens.’ I mean, how could you say that? ‘This is what free people do.’ This is not what free people do. This is what barbarians do.… Do you realize what the looting did to us? It legitimized the idea that liberation comes with chaos rather than with freedom and a better life. And it demystified the potency of American forces. Plus, destroying, what, 30 percent of the infrastructure.” Adelman will recall: “I said, ‘You have 140,000 troops there, and they didn’t do jack sh_t.’ I said, ‘There was no order to stop the looting.’ And he says, ‘There was an order.’ I said, ‘Well, did you give the order?’ He says, ‘I didn’t give the order, but someone around here gave the order.’ I said, ‘Who gave the order?’ So he takes out his yellow pad of paper and he writes down—he says, ‘I’m going to tell you. I’ll get back to you and tell you.’ And I said, ‘I’d like to know who gave the order, and write down the second question on your yellow pad there. Tell me why 140,000 US troops in Iraq disobeyed the order. Write that down, too.’ And so that was not a successful conversation.” [Vanity Fair, 2/2009]

Entity Tags: John Nichols, US Department of Defense, Jane Waldbaum, Richard B. Myers, Kenneth Adelman, Iraqi Oil Ministry, Nabhal Amin, Donald Rumsfeld, Antonia Zerbiasias, Iraqi National Museum

Timeline Tags: Iraq under US Occupation

Defense Secretary Donald Rumsfeld, pleased with the propaganda effort of his assistant Victoria Clarke and her use of retired military officers as media analysts to boost the administration’s case for war with Iraq (see Early 2002 and Beyond), sends a memo to Clarke suggesting that the Pentagon continue the propaganda effort after the war has run its course. He writes, “Let’s think about having some of the folks who did such a good job as talking heads in after this thing is over.” As the occupation lasts through the summer and the first signs of the insurgency emerge, the Pentagon quickly counters with its military analysts to reassure the American populace that everything is going well in Iraq (see Summer 2003). [New York Times, 4/20/2008]

Entity Tags: Donald Rumsfeld, Victoria (“Torie”) Clarke, US Department of Defense, Bush administration (43)

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Fox News analyst Robert Scales, Jr.Fox News analyst Robert Scales, Jr. [Source: New York Times]Washington Post columnist Colman McCarthy notes that there are at least a dozen retired military officers giving supposedly independent opinion and commentary on the Iraq war to the various news networks. McCarthy writes: “Defense Secretary Donald Rumsfeld and the chairman of the Joint Chiefs of Staff have been unhappy with the criticism of their war effort by former military men appearing on television. So am I, but for a different reason. The top people at the Pentagon are wondering why these ex-military talkers can’t follow the company line on how well the war has been fought. I’m wondering why these spokesmen for militarism are on TV in the first place.” McCarthy lists twelve: Lieutenant General Bernard Trainor, Major General Robert Scales, Lieutenant General Gregory Newbold, Major General Donald Shepperd, General Barry McCaffrey, Major General Paul Vallely, Lieutenant General Don Edwards, Lieutenant General Thomas McInerney, Colonel Tony Koren, Lieutenant Colonel Rick Francona, Major Jack Stradley, and Captain Chris Lohman. He asks rhetorically, “Did I miss anyone?” [Washington Post, 4/19/2003] In 2008, after the story of the massive and systematic Pentagon propaganda operation using at least 75 retired military officers to promote the war (see April 20, 2008 and Early 2002 and Beyond) becomes public knowledge, Editor & Publisher’s Greg Mitchell answers the question, “[H]e sure did.” [Editor & Publisher, 4/20/2008]
Deploring the Military's Domination of the Airwaves - McCarthy continues: “That the news divisions of NBC, ABC, CBS, CNN, and Fox sanctioned this domination by military types was a further assault on what the public deserves: independent, balanced and impartial journalism. The tube turned into a parade ground for military men… saluting the ethic that war is rational, that bombing and shooting are the way to win peace, and that their uniformed pals in Iraq were there to free people, not slaughter them. Perspective vanished, as if caught in a sandstorm of hype and war-whooping. If the US military embedded journalists to report the war from Iraq, journalists back in network studios embedded militarists to explain it. Either way, it was one-version news.” McCarthy asks why no dissenters are allowed on the airwaves to counter the military point of view, a question answered by a CNN news executive (see April 20, 2003). McCarthy answers his own question: “In wartime, presumably, the message to peace activists is shut up or shut down.”
Viewers Unaware of Analysts' Business Connections - Presciently, considering the wide range of business connections exploited by the analysts and documented in the 2008 expose, McCarthy notes: “Viewers are not told of possible conflicts of interest—that this general or that one is on the payroll of this or that military contractor. Nor are they given information on whether the retired generals are paid for their appearances.”
Militaristic Newsmen - It is not just the retired officers who provide a militarist perspective, McCarthy observes, but the reporters and anchormen themselves. With examples of ABC’s Ted Koppel and NBC’s Brian Williams donning helmets before the cameras, or Fox’s Geraldo Rivera proclaiming in Afghanistan that “[W]e have liberated this country” (and his cameraman shouting, “Hallelujah!”), “the media are tethered to the military,” McCarthy writes. “They become beholden, which leads not to Pentagon censorship, as in 1991 (see October 10, 1990), but a worse kind: self-censorship” (see September 10, 2003).
For Us or Against Us - McCarthy concludes: “George W. Bush lectured the world that you’re either with us or against us. America’s networks got the message: They’re with. They could have said that they’re neither with nor against, because no side has all the truth or all the lies and no side all the good or evil. But a declaration such as that would have required boldness and independence of mind, two traits not much linked to America’s television news.” [Washington Post, 4/19/2003]

Entity Tags: NBC, Paul Vallely, Rick Francona, Ted Koppel, Robert Scales, Jr, Tony Koren, Thomas G. McInerney, Jack Stradley, Joint Chiefs of Staff, Greg Mitchell, Barry McCaffrey, Bernard Trainor, Brian Williams, Gregory Newbold, CBS News, ABC News, CNN, Chris Lohman, Don Edwards, Geraldo Rivera, George W. Bush, Fox News, Donald Shepperd, Donald Rumsfeld, Colman McCarthy

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

CNN chief news executive Eason Jordan reveals on the air that he had secured the Defense Department’s approval of which “independent military analysts” (see April 20, 2008 and Early 2002 and Beyond) to give commentary on the invasion of Iraq. In 2000, Jordan vehemently denied that the Pentagon had any influence on the network’s choice of military analysts (see March 24, 2000). Jordan says: “I went to the Pentagon myself several times before the war started and met with important people there and said, for instance—‘At CNN, here are the generals we’re thinking of retaining to advise us on the air and off about the war’—and we got a big thumbs-up on all of them. That was important.” [CommonDreams (.org), 8/16/2007]

Entity Tags: US Department of Defense, CNN, Eason Jordan

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Barry McCaffrey.Barry McCaffrey. [Source: NBC]The Nation examines the use of so-called “military analysts” by the broadcast news media, retired generals and high-ranking officers brought on camera to share their knowledge and expertise regarding the invasion of Iraq. The report finds that, like Defense Secretary Donald Rumsfeld and many other administration officials and supporters, the retired military analysts have consistently taken a pro-military, pro-administration slant that has led many of them to make consistently wrong judgments and analyzes. It will be five years before the New York Times exposes the Pentagon propaganda operation in which many of these analysts take part (see April 20, 2008 and Early 2002 and Beyond).
Ideological and Financial Interests in Promoting the War - While many of them indeed have what one analyst, retired Lieutenant General Barry McCaffrey, calls “a lifetime of experience and objectivity,” many of them also have what the report terms as “ideological or financial stakes in the war. Many hold paid advisory board and executive positions at defense companies and serve as advisers for groups that promoted an invasion of Iraq.” As a result, the report says, these analysts’ objectivity must be questioned. McCaffrey and his colleague, retired Colonel Wayne Downing, both NBC analysts, are both on the advisory board of the Committee for the Liberation of Iraq, a lobbying group formed to bolster public support for the invasion. Its mission is to “engage in educational advocacy efforts to mobilize US and international support for policies aimed at ending the aggression of Saddam Hussein,” and it deliberately reaches out to influence reporting in both the US and European media. Downing has also served as an unpaid adviser to Ahmed Chalabi’s Iraqi National Congress, a prime source of the fraudulent propaganda and disinformation that provided a rationale for the war (see June 1992 and (1994)). NBC viewers are unaware of McCaffrey’s and Downing’s connections to these pro-war organizations.
McCaffrey and IDT - Neither are they aware of McCaffrey’s seat on the board of four defense firms—Mitretek, Veritas Capital, Raytheon Aerospace, and Integrated Defense Technologies (IDT)—all which have multimillion-dollar defense contracts. IDT is of particular interest, as stock analysts believe that its currently floundering financial state could be remedied by hefty government contracts. McCaffrey has been an outspoken critic of Rumsfeld and his war policies, but his primary objection is his repeated statement that “armor and artillery don’t count” enough in the offensive. He recently told an MSNBC audience, “Thank God for the Abrams tank and… the Bradley fighting vehicle,” and added that the “war isn’t over until we’ve got a tank sitting on top of Saddam’s bunker.” In March 2003, IDT received over $14 million in contracts relating to Abrams and Bradley machinery parts and support hardware.
Downing and Metal Storm - Downing is a board member of Metal Storm Ltd, a ballistics-technology company with both US and Australian defense contracts. According to its executive director, Metal Storm’s technologies will “provide some significant advantage” in the type of urban warfare being fought in Iraq.
Fox News and wvc3 - Fox News analysts Lieutenant Colonel William Cowan and Major Robert Bevelacqua are CEO and vice president, respectively, of the wvc3group, a defense consulting firm that serves as a liaison between arms companies and the US government. The firm recently signed a contract to promote military aviation equipment produced by a New Zealand firm. The firm promotes itself by advising potential customers of its inside contacts with the US military and the Defense Department. A message on its Web site, augmented by a sound file of loud gunfire, reads, “We use our credibility to promote your technology.” Another Fox analyst, Major General Paul Vallely, represents several information-technology firms. Vallely is most valuable, says Fox bureau chief Kim Hume, as a commentator on psychological operations.
Little Concern at the Networks - The networks are relatively uninterested in any potential conflicts of interest or possible promotions of ideological or financial agendas. Elena Nachmanoff, vice president of talent development at NBC News, dismisses any such concerns: “We are employing them for their military expertise, not their political views.” She says that the analysts play influential roles behind the cameras at NBC, helping producers decide on what to report and how to report it. But, she says, defense contracts are “not our interest.” Hume says that Fox “expect[s] the analysts to keep their other interests out of their commentary, or we stop using them.” Hume admits that Fox has never severed its connection with any analyst, though it is aware of Cowan’s, Bevelacqua’s, and Vallely’s ties to their respective defense firms. Interestingly, Vallely, the expert on so-called “psyops” warfare, developed a concept he called “MindWar,” a psychological propaganda strategy that uses, in his words, “electronic media—television and radio” in the “deliberate, aggressive convincing of all participants in a war that we will win that war.” Nation reporters Daniel Benaim, Priyanka Motaparthy, and Vishesh Kumar muse, “With the televised version of Operation Iraqi Freedom, we may be watching his theory at work—and at a tidy profit, too.” [Nation, 4/21/2003]

Entity Tags: The Nation, Raytheon, Priyanka Motaparthy, Veritas Capital, William Cowan, wvc3 Group, Vishesh Kumar, Wayne Downing, Robert Bevelacqua, NBC, Donald Rumsfeld, Daniel Benaim, Elena Nachmanoff, Committee for the Liberation of Iraq, Barry McCaffrey, Ahmed Chalabi, Bush administration (43), New York Times, Paul Vallely, Iraqi National Congress, Fox News, MSNBC, Metal Storm Ltd, Mitretek, Kim Hume, Integrated Defense Technologies

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Bush on the USS Abraham Lincoln.Bush on the USS Abraham Lincoln. [Source: Associated Press]President Bush, wearing a custom-made flight suit, is ferried in a Navy S-3B Viking jet to the deck of the USS Abraham Lincoln anchored off the coast of San Diego, where he declares the cessation of major combat operations in Iraq. A banner unfurled behind the president reads, “Mission Accomplished.” [CNN, 5/2/2003] Bush begins his speech by saying: “Officers and sailors of the USS Abraham Lincoln, my fellow Americans, major combat operations have ended. In the Battle of Iraq, the United States and our allies have prevailed.” [White House, 5/1/2003; Unger, 2007, pp. 304-305] Bush praises a military victory “carried out with a combination of precision and speed and boldness the enemy did not expect and the world had not seen before.” He celebrates “the images of fallen soldiers” and “the images of celebrating Iraqis” (see April 9, 2003, April 9, 2003, and April 10, 2003), and continues, “[T]he battle of Iraq is one victory in a war on terror that began on September the eleventh, 2001, and still goes on.” The invasion “removed an ally of al-Qaeda,” he asserts. Because of the overthrow of Saddam Hussein, Bush says, “no terrorist network will gain weapons of mass destruction from the Iraqi regime, because the regime is no more.” Bush gives his listeners a dose of belligerence: “With those attacks, the terrorists and their supporters declared war on the United States, and war is what they got.” [White House, 5/1/2003; Rich, 2006, pp. 90]
Perfectly Staged - The presentation itself is a triumph of stage-managed spectacle. The Lincoln, only 39 miles offshore, is held out at sea for an additional 24 hours, forcing the crew to wait another day to see their families after their lengthy sea tour. The carrier shifts position several times to ensure that the television cameras only film expanses of ocean as backdrop for Bush, and not the Southern California skyline. Bush’s handlers decide not to have the president fly in by helicopter—standard procedure for such a visit—but instead opt for a far more dramatic flight in a fighter jet making a high-speed tailhook landing. The jet is renamed “Navy One” and Bush is designated co-pilot. [Unger, 2007, pp. 304-305] The Secret Service balks at allowing Bush to fly in “one of the sexier fighter jets,” but eventually relents enough to allow Bush to “pilot” a four-seat S-3B Viking (specially dubbed “Navy One” and with the legend “George W. Bush, Commander-in-Chief” stenciled on the cockpit). [Rich, 2006, pp. 88-90] The crew wears uniforms color-coordinated with the banner and other props the White House public relations staff have deployed. [Rich, 2006, pp. 88-90] Bush makes a dramatic exit from the fighter jet wearing, not civilian clothes, but a flight suit. As he greets the crew, he shouts in response to a reporter’s question: “Yes, I flew it! Of course I liked it!” The idea that Bush, whose time in fighter planes was strictly limited and 30 years out of date, would have been allowed to fly a state-of-the-art fighter jet without training or certification is absurd on its face, but by and large the press swallows Bush’s claim without question. Three hours later, Bush emerges from below decks, this time wearing a business suit. His entrance is timed to coincide with the California sunset, called by Hollywood cinematographers the “magic hour” for the lovely, glowing low light it bathes upon its subject. The huge “Misson Accomplished” banner, produced by Bush public relations staffers and designed to match other event banners and graphics, stretches high above Bush’s head. (One of the chief producers of the event, former ABC producer Scott Sforza, had boarded the Lincoln days before to ensure that production values were met. Sforza made sure that the banner would be visible to the cameras during Bush’s speech—see Before May 1, 2003.) [Unger, 2007, pp. 304-305]
Iraqi Captives No Longer POWs - US military officials will subsequently say that the event means captives being held in Iraq will no longer be treated as prisoners of war under the third article of the Geneva Conventions, but instead as civilians being held by an occupying power under the fourth article of the Geneva Conventions—which allows long-term detentions for prisoners deemed a threat to governing authorities. [Washington Post, 5/21/2004] White House aides tell reporters that Bush will not officially declare the war “over” because, under the Geneva Conventions, that would require the US to release some 6,000 prisoners of war taken during and after the invasion. [Rich, 2006, pp. 88-90]
'Hubris, Arrogance, and Cowboy Swagger' - Author and public administration professor Alasdair Roberts will later write: “President Bush attempted to clothe himself in the garb of the military with the hope of drawing on the esteem with which it was regarded. He did this figuratively—and also literally when… he landed on the flight deck of the USS Abraham Lincoln.… This was taken as hubris, arrogance, and cowboy swagger. But it is more accurately regarded as a sign of weakness. The heads of other developed democracies do not feel the need to meet the media in military garb. This was evidence of the president’s inability to command authority on his own account.” [Roberts, 2008, pp. 21] Some have a different opinion (see May 1-4, 2003 and May 7, 2003). Immediately after the event, Fox pundit Morton Kondracke says, “This was fantastic theater.” [Rich, 2006, pp. 89]

Entity Tags: US Secret Service, US Department of the Navy, George W. Bush, Geneva Conventions, Morton Kondracke, Scott Sforza, Bush administration (43), Alasdair Roberts

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

IKONOS satellite image of Saddam Hussein Hospital in Nasiriyah.IKONOS satellite image of Saddam Hussein Hospital in Nasiriyah. [Source: GlobalSecurity.org]Toronto Star bureau chief Mitch Potter reports a very different version of events surrounding the capture and hospitalization of Army Private Jessica Lynch (see March 23, 2003). Whereas US military officials have claimed that Special Forces rescued her in a dramatic battle with Iraqi resistance forces (see April 1, 2003), Potter finds that Iraqi soldiers had actually left the hospital two days before the rescue. In fact, Iraqi doctors had attempted to return Lynch to US units once before, but were fired on by US forces and forced to return to the hospital. [Baltimore Sun, 11/11/2003]
Shootout Never Happened - Potter calls the story of Lynch’s rescue a “flawless midnight rescue… in true Rambo style” that “rais[ed] America’s spirits when it needed it most. All Hollywood could ever hope to have in a movie was there in this extraordinary feat of rescue—except, perhaps, the truth.” Potter quotes three hospital doctors, two nurses, a hospital administrator, and several local residents, and presents a far different story than the one released by US officials. Dr. Harith al-Houssona says he came to consider Lynch a friend as he cared for her injuries. He says the story of the rescue is almost complete fiction: “The most important thing to know is that the Iraqi soldiers and commanders had left the hospital almost two days earlier. The night they left, a few of the senior medical staff tried to give Jessica back. We carefully moved her out of intensive care and into an ambulance and began to drive to the Americans, who were just one kilometer away. But when the ambulance got within 300 meters, they began to shoot. There wasn’t even a chance to tell them ‘We have Jessica. Take her.’”
Staged Rescue - On April 1, US Special Forces soldiers descended on the hospital. Hassam Hamoud, a waiter at a nearby restaurant, was approached by some of the soldiers. “They asked me if any troops were still in the hospital and I said, ‘No, they’re all gone,’” Hamoud recalls. “Then they asked about Uday Hussein, and again, I said ‘No.’ The translator seemed satisfied with my answers, but the soldiers were very nervous.” At midnight, the sound of helicopters circling the hospital’s upper floor prompted the staffers to take cover in the X-ray department, the only part of the hospital with no windows to the outside. The soldiers cut the power, then blew the locked doors and stormed inside. The staffers heard a male voice shout: “Go! Go! Go!” Seconds later, the door smashed open and a red laser targeting light found the forehead of the chief resident, Dr. Anmar Uday. “We were pretty frightened,” Uday recalls. “There were about 40 medical staff together in the X-ray department. Everyone expected the Americans to come that day because the city had fallen. But we didn’t expect them to blast through the doors like a Hollywood movie.” Another doctor, Mudhafer Raazk, noticed that two cameramen and a still photographer, all in uniform, accompanied the strike teams into the hospital. The tension quickly dropped after the soldiers realized no Iraqi fighters were in the building. A US medic was taken to Lynch’s room and the soldiers secured the hospital without incident. Several staffers and patients were immobilized with plastic handcuffs, including, al-Houssona recalls, one Iraqi civilian already motionless from abdominal wounds suffered in an earlier explosion. One group of soldiers ask about the bodies of missing US soldiers, and are led to a grave site opposite the hospital’s south wall. All were dead on arrival, the doctors say. After four hours, the soldiers departed, taking Lynch with them. Raazk says: “When they left, they turned to us and said ‘Thank you.’ That was it.” The staff went through the hospital to assess the damage: 12 doors were broken, a sterilized operating theater was contaminated, and Lynch’s bed, the hospital’s only specialized traction bed, was damaged beyond repair. “That was a special bed, the only one like it in the hospital, but we gave it to Jessica because she was developing a bed sore,” al-Houssona says.
'We All Became Friends' - Al-Houssona recalls that, far from ominous hints of torture and abuse, the hospital doctors and staff became friends with the injured American soldier. “We all became friends with her, we liked her so much,” he says. “Especially because we all speak a little English, we were able to assure her the whole time that there was no danger, that she would go home soon.” Though the hospital had an acute shortage of food, the staffers scrounged to find her extra juice and cookies. She was also assigned the most nurturing, motherly nurse on staff, Khalida Shinah. She has three daughters of her own, some close to Lynch’s age. Through a translator, Shinah recalls: “It was so scary for her. Not only was she badly hurt, but she was in a strange country. I felt more like a mother than a nurse. I told her again and again, Allah would watch over her. And many nights I sang her to sleep.” Houssana recalls Lynch being frightened in her first hours in the hospital. “Everybody was poking their head in the room to see her and she said ‘Do they want to hurt me?’ I told her, ‘Of course not. They’re just curious. They’ve never seen anyone like you before.’ But after a few days, she began to relax. And she really bonded with Khalida. She told me, ‘I’m going to take her back to America with me.”
No Gunshots or Stab Wounds - Far from suffering “multiple gunshot” and stab wounds detailed in previous Pentagon reports (see April 5, 2003), Lynch was suffering from injuries resulting from the wreck of her Humvee. Houssana believes she was hurt when she was thrown from the vehicle. “She was in pretty bad shape,” he recalls. “There was blunt trauma, resulting in compound fractures of the left femur and the right humerus. And also a deep laceration on her head. She took two pints of blood and we stabilized her. The cut required stitches to close. But the leg and arm injuries were more serious.” Lynch was only one casualty among many in the hospital, almost all suffered in the intense fighting around Nasiriyah. The hospital lists 400 dead and 2,000 wounded during the two weeks bracketing Lynch’s stay. Almost all were civilians, but Raazk does not blame the Americans alone for the carnage. “Many of those casualties were the fault of the fedayeen, who had been using people as shields and in some cases just shooting people who wouldn’t fight alongside them. It was horrible.” By March 30, Lynch had regained enough strength that the doctors were ready to operate on her badly broken left leg. She required a platinum plate on both ends of the compound fracture. The doctors were preparing similar surgery for her broken arm when the Americans rescued her. On April 4, an American military doctor visited the hospital. The doctors say he came to thank them for the superb surgery. “He was an older doctor with gray hair and he wore a military uniform,” Raazk recalls. “I told him he was very welcome, that it was our pleasure. And then I told him, ‘You do realize you could have just knocked on the door and we would have wheeled Jessica down to you, don’t you?’ He was shocked when I told him the real story. That’s when I realized this rescue probably didn’t happen for propaganda reasons. I think this American army is just such a huge machine, the left hand never knows what the right hand is doing.”
Angered at Reports of Abuse - The US media’s reports that Lynch was abused and perhaps even tortured sadden and anger the hospital staffers. When Shinah is told of the reports, her eyes fill with tears. She composes herself and answers: “This is a lie. But why ask me? Why don’t you ask Jessica what kind of treatment she received?” That is not currently possible; the Pentagon is restricting access to Lynch as she continues to recuperate at Washington’s Walter Reed Army Medical Center. A spokesman says, “Until such time as she wants to talk—and that’s going to be no time soon, and it may be never at all—the press is simply going to have to wait.” [Toronto Star, 5/4/2003]

Entity Tags: Mitch Potter, Hassam Hamoud, Harith al-Houssona, Anmar Uday, Mudhafer Raazk, Jessica Lynch, Khalida Shinah

Timeline Tags: US Military, Domestic Propaganda

Assistant Secretary of Defense for Public Affairs Victoria Clarke lambasts Los Angeles Times columnist Robert Scheer for his reportage on the Jessica Lynch story (see April 3, 2003 and May 30, 2003). Scheer is frankly disbelieving of the sensational reporting surrounding Lynch’s capture and rescue, especially in light of recent reports that indicate the Pentagon’s version of events is anything but accurate (see May 4, 2003). In a letter to the Times, Clarke calls Scheer’s recent work a “tirade” and adds: “Scheer’s claims are outrageous, patently false and unsupported by the facts.… Official spokespeople in Qatar and in Washington, as well as the footage released, reflected the events accurately. To suggest otherwise is an insult and does a grave disservice to the brave men and women involved.” [Nation, 5/30/2007] It is later shown that Clarke, who heads the Pentagon’s military analyst (see Early 2002 and Beyond) and journalist embed (see February 2003) programs, is entirely wrong about her claims as to the accuracy of the Pentagon’s depiction of events (see June 17, 2003).

Entity Tags: Victoria (“Torie”) Clarke, Jessica Lynch, US Department of Defense, Robert Scheer

Timeline Tags: Domestic Propaganda

Los Angeles Times columnist Robert Scheer, one of the first American political reporters to question the official Pentagon version of the capture and rescue of Private Jessica Lynch (see April 3, 2003), provides an overview of the personal and professional attacks launched against him by the Pentagon and by right-wing pundits (see May 27, 2003). Scheer, an unabashed liberal, notes that many of the attacks come from newspapers and news broadcasters owned by Rupert Murdoch, whose HarperCollins book publishing firm is preparing a book to be written by Mohammed Odeh al-Rehaief. Al-Rehaief is the Iraqi lawyer who provided key information leading to Lynch’s rescue and was rewarded by being granted asylum in the US, given the book deal, and given a job with a Washington lobbying firm (see April 10, 2003 and After). Scheer is more discomfited by the attack from the Pentagon, whose public relations chief, Victoria Clarke, called Scheer’s reporting a “tirade… unsupported by the facts” (see May 29, 2003). Further reporting will show that the official story did not accurately reflect the events (see June 17, 2003). Scheer observes, “[W]hat is a grave disservice is manipulating a gullible media with leaked distortions from unnamed official sources about Lynch’s heroics in battle.” He notes that the Pentagon refused to allow the BBC or any other news organization to view the complete, unedited video footage of the April 1 rescue (see April 1, 2003), instead insisting that the media use only the edited footage provided by the Pentagon. Scheer adds that Clarke and other Pentagon officials continued to insist that the original reporting—Lynch had fought fiercely with her attackers and finally succumbed to multiple gunshot wounds—was accurate long after reports from US military doctors disputed those claims, and even after top US military officials began questioning that version of events. The Pentagon, Scheer writes, was intent on producing what “quickly became the main heroic propaganda myth of the US invasion of Iraq.” Scheer concludes: “What is particularly sad in all of this is that a wonderfully hopeful story was available to the Pentagon to sell to the eager media: one in which besieged Iraqi doctors and nurses bravely cared for—and supplied their own blood to—a similarly brave young American woman in a time of madness and violence. Instead, eager to turn the war into a morality play between good and evil, the military used—if not abused—Lynch to put a heroic spin on an otherwise sorry tale of unjustified invasion.” [Nation, 5/30/2007]

Entity Tags: Rupert Murdoch, US Department of Defense, British Broadcasting Corporation, HarperCollins, Jessica Lynch, Mohammed Odeh al-Rehaief, Robert Scheer, Victoria (“Torie”) Clarke

Timeline Tags: Domestic Propaganda

As the first signs of the insurgency in Iraq begin emerging, and journalists begin reporting on the increasing violence in that supposedly liberated country, the Pentagon quickly counters with propaganda from its proven cadre of “military analysts”—returned military officers who proved during the run-up to war that they could present the Pentagon’s message about the invasion and occupation in an independent, authoritative, and effective manner (see April 20, 2008 and Early 2002 and Beyond). An internal Pentagon memo encourages its public relations officials to “re-energize surrogates and message-force multipliers,” beginning with its military analysts. The PR staff, led by Assistant Secretary of Defense for Public Affairs Victoria Clark, suggests taking a group of analysts on a tour of Iraq timed to coincide with President Bush’s upcoming request for $87 billion in emergency war financing. [New York Times, 4/20/2008]

Entity Tags: Victoria (“Torie”) Clarke, US Department of Defense, George W. Bush

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Jessica Lynch being carried from a transport plane to a hospital in Ramstein, Germany, April 2, 2003.Jessica Lynch being carried from a transport plane to a hospital in Ramstein, Germany, April 2, 2003. [Source: Associated Press / Baltimore Sun]The Washington Post publishes a much more exhaustively researched attempt at telling the accurate story of US Army Private Jessica Lynch’s capture, rescue, and subsequent recovery. The Post printed a dramatic tale of Lynch’s guns-blazing capture, her abuse at the hands of her captors, and the firefight that resulted in her rescue (see April 1, 2003). That story turned out to be almost entirely fictional, most likely a product of Pentagon propaganda (see May 4, 2003, May 23, 2003, and May 25, 2003). In a very different front-page story, it now attempts to tell the story directly and without embellishment.
Brief Propaganda Victory - The original story, featuring Lynch emptying her M-16 into her assailants until finally succumbing to multiple gunshot wounds, quickly made Lynch into what the Post calls “the story of the war, boosting morale at home and among the troops. It was irresistible and cinematic, the maintenance clerk turned woman-warrior from the hollows of West Virginia who just wouldn’t quit. Hollywood promised to make a movie and the media, too, were hungry for heroes.” That story was quickly exposed as a fraud. This Post story, its reporters assert, is far more extensively researched: “The Post interviewed dozens of people, including associates of Lynch’s family in West Virginia; Iraqi doctors, nurses and civilian witnesses in Nasiriyah; and U.S. intelligence and military officials in Washington, three of whom have knowledge of a weeks-long Army investigation into the matter. The result is a second, more thorough but inconclusive cut at history.” At least one similarity with the original story remains, the reporters acknowledge: most of the US officials who spoke to the reporters insisted that their identities not be revealed.
The Real Story of the Capture - According to military officials, Lynch indeed tried to fight her assailants, but her weapon jammed. She did not kill any Iraqis. She was neither shot nor stabbed. Her unit, the 507th Maintenance Company, fell prey to an ambush outside Nasiriyah after getting lost. Army investigators believe that Lynch and her colleagues became lost because they were not informed that the column they had been following was rerouted. Lynch was riding in a Humvee when it crashed into a jackknified US truck. She was severely injured in the crash, including multiple broken bones and compression of the spine. The other four soldiers in the Humvee were killed or mortally wounded. She was captured by Iraqi guerrillas. In what may be a continuation of the government’s attempt to inflate the tale, two US officials familiar with the Army investigation say that Lynch was mistreated by her captors but refuse to give details.
Eyewitness Account - Sahib Khudher, an Iraqi farmer, saw a large US convoy of trucks, trailers, wreckers, and Humvees pass by his house before dawn on March 23. A few hours later, he saw trucks again pass his house, this time fighting off an ad hoc assault force of Iraqi irregulars in pickup trucks. The Iraqis were firing into the US vehicles and at their tires. “There was shooting, shooting everywhere,” Khudher recalls. “There were accidents, too. Crash sounds. You could see and hear the vehicles hitting each other. And yelling. Screaming. I could hear English.” Khudher was witnessing the tail end of the 507th Maintenance Company’s convoy, 18 Humvees, trailers, and tow trucks. Most of the soldiers were part of a Patriot missile maintenance crew.
Missed Route Change - The 507th missed a route change and quickly became separated from their larger 3rd Infantry unit. Because of truck breakdowns, 18 vehicles of the 507th split off from the rest of their convoy, and became entirely separated. Lynch was with these vehicles, which entered Nasiriyah around 6:30 a.m. Unfamiliar with the streets, the commander became lost, and eventually ordered the convoy to attempt to turn around and backtrack. By that point, around 7 a.m., the streets were filling with Iraqis, and the commander ordered the troops to lock and load their weapons.
Assault - As the convoy attempted to drive into central Nasiriyah, Iraqi forces launched an attack. The assailants were both uniformed soldiers and civilians, according to accounts by the American survivors of the assault. The attackers fired on the convoy with small arms, hand grenades, rocket-propelled grenades, and mortars. The situation worsened for the Americans when an Iraqi T-55 tank appeared, and the assailants positioned sandbags, debris, and cars to block the convoy’s path. The senior military officer later described the battle as “very harrowing, very intense.” Lynch may have been one of the soldiers returning fire, but she may not have gotten off a single round: “We don’t know how many rounds she got off,” says the official. “Her weapon jammed severely.” While details are unclear, it is believed that Lynch’s vehicle broke down, and she clambered into a soft-top Humvee driven by Private First Class Lori Piestewa, Lynch’s best friend in the unit. Another occupant, Master Sergeant Robert Dowdy, pulled two more soldiers into the Humvee. Lynch rode the transmission hump between the two seat. The senior military officer says that Dowdy was encouraging his four soldiers “to get into the fight” as well as “trying to get vehicles to move and getting soldiers out of one broken-down vehicle and into another.” The four soldiers in the Humvee “had their weapons at the ready and their seat belts off,” says the senior officer. “We assume they were firing back.” [Washington Post, 6/17/2003] (Lynch will later confirm that her weapon and others’ were jammed with sand and useless.) [Time, 11/9/2003]
Collision - During the firefight, a US tractor-trailer with a flatbed swerved around an Iraqi dump truck and jackknifed. As the Humvee sped towards the overturned tractor-trailer, it was struck on the driver’s side by a rocket-propelled grenade. Piestewa lost control of the Humvee and plowed into the trailer. The senior defense official calls the collision “catastrophic.” Dowdy was killed instantly, as were the two soldiers to either side of Lynch. Both she and Piestewa were severely injured. Lynch’s arm and both legs were crushed; bone fragments tore through her skin. Khudher recalls seeing a Humvee crash into a truck. Watching from a safe distance, he saw “two American women, one dark-skinned, one light-skinned, pulled from the Humvee. I think the light one was dead. The dark-skinned one was hurt.” The light-skinned woman was apparently Lynch. She and Piestewa, who was Native American, were both captured by Iraqi guerrillas.
Garbled, Contradictory Reports - Understandably, the reports of the ambush in the hours after the attack were garbled, contradictory, and confused. Arabic-speaking interpreters at the National Security Agency intercepted Iraqi transmissions referring to “an American female soldier with blond hair who was very brave and fought against them,” according to a senior military officer who read the top-secret intelligence report when it came in. Some of the Iraqis at the scene said she had emptied her weapon at her assailants. Over the next few days, numerous reports are received by the commanders at US CENTCOM in Doha, Qatar. Some of the reports are relayed Iraqi transmissions concerning a female soldier. The stories are contradictory. Some say she died in battle. Others say she was wounded by shrapnel. Others say she was shot and stabbed during the firefight. The only ones to receive these reports were generals, intelligence officers, and Washington policymakers, all of whom must be cleared to read the most sensitive information the US government possesses. The initial tale of Lynch’s “fight to the death” came from these high-level officials. [Washington Post, 6/17/2003] Another possible explanation later given forth was that the Army had intercepted Iraqi radio chatter about a yellow-haired soldier from Lynch’s unit who fought bravely before falling; that soldier was later identified as Sergeant Donald Walters. Interpreters had confused the Arabic pronouns for “he” and “she” and thought the radio transmissions were about Lynch. [New York Times, 12/14/2003]
Initial Treatment - Lynch and Piestewa were taken to a small military hospital in Nasiriyah, where both are initially treated for their wounds. That hospital is nothing more than a burned-out ruin today, but on the morning of Lynch’s captivity, it was the scene of frenzied activity, overwhelmed with Iraqi soldiers and irregulars fleeing, fighting, and bleeding from wounds. US soldiers were coming in from Kuwait in heavy numbers. The hospital’s director, Adnan Mushafafawi, remembers a policeman bringing in two female American soldiers about 10 a.m. Both were unconscious, he remembers, severely wounded and suffering from shock. According to their dog tags, they were Lynch and Piestewa. “Miss Lori had bruises all over her face,” he remembers. “She was bleeding from the eyes. A severe head wound.” Piestewa died soon after arriving at the hospital. Though Piestewa may have been shot, Mushafafawi says, Lynch had been neither shot nor stabbed. Mushafafawi and medical staffers cut away Lynch’s uniform, lay her on a gurney and began working on her. She had major fractures of her arm and both legs, and a minor head wound. They sutured the head wound, and gave her blood and intravenous fluids. After X-raying her fractures, they applied splints and plaster casts. “If we had left her without treatment, she would have died,” Mushafafawi says. Lynch briefly regained consciousness during the treatment, but was disoriented. “She was very scared,” he says. “We reassured her that she would be safe now.” She resisted having Mushafafawi reset her leg, he remembers. Two or three hours later, Lynch was sent to Nasirayah’s main civilian facility, Saddam Hussein General Hospital. Mushafafawi believed at the time that his hospital would be attacked by US military forces (it was overrun two days later). He had both Lynch and Piestewa’s body sent to the civilian hospital. Mushafafawi says he does not know what happened to either of the soldiers between the time they were captured and when they were brought to his hospital.
Hospitalized - Lynch arrived at Saddam Hussein hospital that afternoon in a military ambulance. The doctors there were shocked to find a severely injured, nearly naked American woman, wearing heavy casts, beneath a sheet. Hospital officials say that during her time there, she was given the best possible care they could provide. They do not believe it was possible for Iraqi agents to have abused her while at the hospital. A member of Iraq’s intelligence service was posted outside the door to her room, but the staff never saw anyone mistreat her, nor did they see evidence of any mistreatment. Her condition was grave, the doctors and nurses recall, unconscious and obviously in shock. The hospital was overloaded with casualties and barely staffed; only a dozen doctors from a staff of 60 were on duty. Many nurses had not come to work either. The roads were unsafe, the electricity came and went, medical supplies were stretched thin, and casualties kept pouring in. “It was substandard care, by American standards, we know this, okay?” says Dr. Harith al-Houssona. “But Jessica got the best we could offer.” Lynch began to improve after several days of treatment. She was moved from the emergency room to an empty cardiac care unit, where she had her own room, and was tended to by two female nurses. She was in terrible pain, and was given powerful drugs. Though she was hungry, she was leery of the food being offered her, insisting that the food containers be opened in front of her before she would eat. Her mental state fluctuated. Sometimes she joked and smiled with her doctors and nurses, sometimes she would weep. “She didn’t want to be left alone and she didn’t want strangers to care for her,” Dr. Anmar Uday recalls. “One time, she asked me, ‘Why are you standing in front of me? Are you gong to hurt me?’ We said no, we’re here to help you.” Her primary nurse, Khalida Shinah, weeps herself when describing Lynch’s misery. Shinah recalls singing her to sleep and rubbing talc into her shoulders. Dr. Mahdi Khafaji, an orthopedic surgeon, says that there was more than mere sympathy and camaraderie responsible for the decision to give Lynch the best care they could. Everyone knew that the Americans would soon come for Lynch, he says, and “we wanted to show the Americans that we are human beings.… She was more important at that moment than Saddam Hussein.” Besides, he adds, “You could not help but feeling sorry for her. A young girl. An American. A prisoner. We did our best. Believe me, she was the only orthopedic surgery I performed.” The hospital staff were not the only ones interested in ensuring the Americans would be happy with Lynch’s treatment. At the time, the hospital had between 50 and 100 Iraqi fighters in or around the site at any one time, though the number steadily dwindled as US forces came ever closer. Senior Iraqi officials worked and lived out of the basement, clinics, and the doctors’ residence halls and offices. They all knew the Americans were coming, al-Houssona recalls, “and toward the end, they were most worried about saving themselves.”
Suspicious Wounds - Khafaji was suspicious of Lynch’s wounds. He had trouble believing they came from an auto accident, no matter how severe. The fractures were on both sides of her body, and there was no glass embedded in her wounds. US military sources believe most if not all the fractures could have been caused by the accident. Khafaji says, “[M]aybe a car accident, or maybe [her captors] broke her bones with rifle butts or by stomping on her legs. I don’t know. They know and Jessica knows. I can only guess.”
Interrogation - Mohammed Odeh al-Rehaief, a lawyer, says he learned about Lynch’s capture on March 27, when he went to visit his wife Iman, a nurse at the hospital. Al-Rehaief saw numerous Fedayeen in the “traditional black ninja-style uniforms that covered everything but their eyes,” as well as “high army officials there.” Al-Rehaief says one of his friends, a doctor, told him of Lynch. Curious, he peered through a glass panel into her room and, he says, “saw a large man in black looming over a bed that contained a small bandaged woman with blond hair.” The man wore epaulets on his shirt, indicating that he was a Fedayeen officer. Al-Rehaief recalls, “He appeared to be questioning the woman through a translator. Then I saw him slap her—first with the palm of his hand, then with the back of his hand.” After the Fedayeen officer left, al-Rehaief slipped into Lynch’s room and told her he would help. He left the hospital and sought out US soldiers, soon finding a group of US Marines. He told them about Lynch. (The Marines corroborate what they know of al-Rehaief’s story.) They sent him back to the hospital several times to map it out and routes in and out of the hospital. He also counts the number of Iraqi troops there.
Fabrication? - While the hospital doctors and staffers believe al-Rehaief did tell the Marines about Lynch, they dispute other portions of his story. There is no nurse named Iman at the hospital, they say, and no nurse married to a lawyer. “This is something we would know,” says one nurse. Al-Houssona believes little of al-Rehaief’s story. “Never happened,” he says. As for the Fedayeen slapping Lynch in her hospital bed, “That’s some Hollywood crap you’d tell the Americans.” Al-Houssona believes al-Rehaief embellished his story for his listeners. Al-Rehaief and his wife were taken to a military camp in Kuwait, and later received political asylum. He now lives in northern Virginia, where he is working on a book for HarperCollins and a television movie for NBC about his version of events (see April 10, 2003 and After).
Task Force 20 - The Special Operations unit given the assignment of rescuing Lynch, Task Force 20, is a covert Special Ops unit assigned the highest priority tasks. There was a larger reason than Lynch for that unit to be interested in the hospital: pre-mission briefings indicated that the hospital had been repeatedly visited by Ali Hassan Majeed, the infamous “Chemical Ali,” in recent days. Ground sources and images from Predator drones indicate that the hospital might be a military command post. There was every reason for Task Force 20 to go into the hospital heavily armed and taking full precautions, or as one Special Ops officer puts it, “loaded for bear.” A force of Marines, with tanks and armored personnel carriers, was ordered to mount a feint into Nasiriyah to draw off Iraqi forces near the hospital.
Rescue - Around 1 a.m. on April 1, commandos in blacked-out Black Hawk helicopters, protected by AC-130 gunships, entered the hospital grounds. Marines established an exterior perimeter, and Army Rangers set up a second perimeter just outside the hospital walls. These forces were fired upon from adjacent buildings, military sources say, though the fire was light. Commandos burst into the hospital, set off explosives meant to disorient anyone inside, and made for Lynch’s room. Uday says that the doctors and staffers fled to the X-ray room, where they might be more secure. Though the soldiers quickly burst into the X-ray room, no shots were fired and no resistance was offered. “It was like a ‘Rambo’ movie,” Uday recalls. “But we were not Rambo. We just waited to be told what to do.” Brigadier General Vincent Brooks, who gave American reporters video footage of the rescue mission, says, “There was not a firefight inside of the building, I will tell you, but there were firefights outside of the building, getting in and out.” The commandos found Lynch in a private bed, lying on the hospital’s only bed used to ease bedsores. A male nurse in a white jacket was with her. One of the soldiers called out, “Jessica Lynch, we’re the United States soldiers and we’re here to protect you and take you home.” She answered, “I’m an American soldier, too.” The commandos find “ammunition, mortars, maps, a terrain model and other things that make it very clear that it was being used as a military command post,” Brooks says. It is unclear if the hospital had indeed been used as any sort of military headquarters, but it is certain that the last of the Iraqi soldiers had fled the day before.
Recovering the Dead - The commandos retrieve two American bodies from the morgue. Staff members lead soldiers outside, where seven other soldiers were buried in shallow graves. They tell the soldiers that they buried the seven because the morgue’s faltering refrigeration couldn’t slow their decomposition. All nine bodies are from Lynch’s unit. Navy SEALs dug up the bodies with their hands, military officials say.
Propaganda Opportunity - Within hours of the rescue, a second contingent of US tanks and trucks rolled up to the hospital. They were not there to attack anyone. Instead, CENTCOM’s public affairs office in Qatar had seen an opportunity. “We wanted to make sure we got whatever visuals were available,” a public affairs officer involved in the operation recalls. The rescue force had photographed the rescue, and Special Forces had provided video footage of Iraqi border posts being obliterated to the news media. That video footage had received extensive airplay in the US. This, the public affairs officers think, could be much bigger. Lieutenant Colonel John Robinson, a CENTCOM public affairs officer, says, “We let them know, if possible we wanted to get it, we’d like to have” the video. “We were hoping we would have good visuals. We knew it would be the hottest thing of the day. There was not an intent to talk it down or embellish it because we didn’t need to. It was an awesome story.” The Lynch story, if properly presented, could be a boon to the military’s public relations. Stories of US troops bogged down on the way to Baghdad and killed by the dozens in vicious firefights could be erased from the news broadcasts by a feel-good story of heroism and camaraderie. According to one colonel who dealt with the media in the days after the rescue, the story “took on a life of its own. Reporters seem to be reporting on each other’s information. The rescue turned into a Hollywood concept.” No one at CENTCOM ever explains how the details of Lynch’s “heroic resistance,” “emptying her gun” into her assailants, and finally “falling from multiple gunshot wounds” were given to reporters. [Washington Post, 6/17/2003]

Entity Tags: Ali Hassan Majeed, Jessica Lynch, Adnan Mushafafawi, Anmar Uday, Harith al-Houssona, John Robinson, Donald Walters, Khalida Shinah, Al Jazeera, Vincent Brooks, Robert Dowdy, Washington Post, Lori Piestewa, Sahib Khudher, Mohammed Odeh al-Rehaief, US Central Command, US Department of Defense, Task Force 20

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

Robert Novak.Robert Novak. [Source: MediaBistro (.com)]Conservative columnist Robert Novak, after being told by Deputy Secretary of State Richard Armitage and White House political guru Karl Rove that Valerie Plame Wilson is a CIA officer (see July 8, 2003), writes a syndicated op-ed column that publicly names her as a CIA officer. The column is an attempt to defend the administration from charges that it deliberately cited forged documents as “evidence” that Iraq had tried to purchase uranium from Niger (see July 6, 2003). It is also an attempt to discredit Joseph Wilson, Plame Wilson’s husband, who had gone to Niger at the behest of the CIA to find out whether the Iraq-Niger story was true (see 11:00 a.m. July 11, 2003). Novak characterizes Wilson’s findings—that an Iraqi deal for Nigerien uranium was highly unlikely—as “less than definitive,” and writes that neither CIA Director George Tenet nor President Bush were aware of Wilson’s report before the president’s 2003 State of the Union address where he stated that Iraq had indeed tried to purchase uranium from Niger (see 9:01 pm January 28, 2003). Novak writes: “Wilson never worked for the CIA, but his wife, Valerie Plame, is an agency operative on weapons of mass destruction. Two senior administration officials [Armitage and Rove, though Novak does not name them] told me that Wilson’s wife suggested sending him to Niger to investigate the Italian report. The CIA says its counterproliferation officials selected Wilson and asked his wife to contact him. ‘I will not answer any question about my wife,’ Wilson told me.” Wilson’s July 6 op-ed challenging the administration’s claims (see July 6, 2003) “ignite[d] the firestorm,” Novak writes. [Town Hall (.com), 7/14/2003; Unger, 2007, pp. 312-313] Novak also uses the intelligence term “agency operative,” identifying her as a covert agent and indicating that he is aware of her covert status. Later, though, Novak will claim that he came up with the identifying phrase independently, and did not know of her covert status. [American Prospect, 7/19/2005]
Asked Not to Print Plame Wilson's Name - Novak will later acknowledge being asked by a CIA official not to print Plame Wilson’s name “for security reasons.” Intelligence officials will say they thought Novak understood there were larger reasons than Plame Wilson’s personal security not to publish her name. Novak will say that he did not consider the request strong enough to follow (see September 27, 2003 and October 1, 2003). [Washington Post, 9/28/2003] He will later reveal the CIA official as being agency spokesman Bill Harlow, who asked him not to reveal Plame’s identity because while “she probably never again will be given a foreign assignment… exposure of her agency identity might cause ‘difficulties’ if she travels abroad.” In 2008, current White House press secretary Scott McClellan will write: “This struck Novak as an inadequate reason to withhold relevant information from the public. Novak defended his actions by asserting that Harlow had not suggested that Plame or anybody else would be endangered, and that he learned Plame’s name (though not her undercover identity) from her husband’s entry in the well-known reference book Who’s Who in America.” [McClellan, 2008, pp. 173-174] McClellan will note, “Whether war, smear job, or PR offensive gone haywire, the CIA took the leak of Plame’s name very seriously.” [McClellan, 2008, pp. 174]
Plame Wilson Stricken - According to Wilson’s book The Politics of Truth, his wife’s first reaction is disbelief at Novak’s casual destruction of her CIA career. “Twenty years of loyal service down the drain, and for what?” she asks. She then makes a checklist to begin assessing and controlling the damage done to her work. She is even more appalled after totalling up the damage. Not only are the lives of herself and her family now endangered, but so are those of the people with whom she has worked for 20 years (see July 14, 2003). [New York Times, 5/12/2004] In 2005, Joseph Wilson will tell a reporter: “[Y]ou can assume that even if 150 people read the Novak article when it appeared, 148 of them would have been the heads of intelligence sections at embassies here in Washington and by noon that day they would have faxing her name or telexing her name back to their home offices and running checks on her: whether she had ever been in the country, who she may have been in contact with, etc.” [Raw Story, 7/13/2005]
Intimidation of Other Whistle-Blowers? - In 2007, author Craig Unger will write: “The implication from the administration was that the CIA’s selection of Wilson was somehow twisted because his wife was at the CIA. But, more importantly, the administration had put out a message to any and all potential whistle-blowers: if you dare speak out, we will strike back. To that end, the cover of Valerie Plame Wilson, a CIA operative specializing in WMD, had been blown by a White House that was supposedly orchestrating a worldwide war against terror.” [Unger, 2007, pp. 312-313]
Outing about Iraq, Not Niger, Author Says - In 2006, author and media critic Frank Rich will write: “The leak case was about Iraq, not Niger. The political stakes were high only because the scandal was about the unmasking of an ill-conceived war, not the unmasking of a CIA operative who posed for Vanity Fair. The real victims were the American people, not the Wilsons. The real culprits—the big enchilada, in John Ehrlichman’s Nixon White House lingo—were not the leakers but those who provoked a war in Iraq for their own motives and in so doing diverted finite resources, human and otherwise, from the fight against those who did attack America on 9/11, and had since regrouped to deadly effect.… Without Iraq, there never would have been a smear campaign against an obscure diplomat or the bungled cover-up [that followed]. While the Bush White House’s dirty tricks, like [former President] Nixon’s, were prompted in part by a ruthless desire to crush the political competition at any cost, this administration had upped the ante by playing dirty tricks with war.” [Rich, 2006, pp. 184]
Elevating Profile of Controversy - In 2008, McClellan will write, “By revealing Plame’s status, Novak inadvertently elevated the Niger controversy into a full-blown scandal.” [McClellan, 2008, pp. 173]

Entity Tags: Scott McClellan, Robert Novak, Valerie Plame Wilson, Richard Armitage, George J. Tenet, Joseph C. Wilson, Bill Harlow, Bush administration (43), Karl C. Rove, Central Intelligence Agency, Frank Rich, George W. Bush, Craig Unger

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The New York Times’s Judith Miller, an outlet for information planted in the media by the Bush administration in he run-up to the Iraq war (see December 20, 2001, August 2002, September 8, 2002, and September 18, 2002), now reports the number of suspected WMD sites in Iraq as 578—a figure far lower than the 1,400 she had reported during the first hours of the war (see March 19-20, 2003). Miller blames the US failure to find any WMD on Pentagon ineptitude: “chaos, disorganization, interagency feuds, disputes within and among various military units, and shortages of everything from gasoline to soap.” Deeper in the story, she writes, “To this day, whether Saddam Hussein possessed such weapons when the war began is unknown.” [New York Times, 7/20/2003; Rich, 2006, pp. 101]

Entity Tags: US Department of Defense, Judith Miller, Bush administration (43)

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda, Niger Uranium and Plame Outing

A Wall Street Journal op-ed claims that President Bush never claimed the Iraqis posed an “imminent threat” with their putative WMD programs, and that former ambassador Joseph Wilson is unfairly “moving the goalposts” by saying that the threat posed by Iraq’s WMD never passed what they call the “imminent threat test.” As far back as September 2001, after the attacks on New York and Washington, the Bush administration began claiming that Iraq posed a serious threat to the US (see September 11, 2001-March 17, 2003, Shortly After September 11, 2001, September 14, 2001, August 2002, and September 6, 2002). Bush had apparently characterized Iraq as an “imminent threat” even before becoming president (see May 17, 2000). Defense Secretary Donald Rumsfeld has used the term “imminent threat” (see September 18, 2002), as have other members of the administration, such as press secretary Ari Fleischer, communications chief Dan Bartlett, and Defense Policy Board chief Richard Perle. Vice President Dick Cheney had publicly threatened Iraq with military action as far back as December 2001 (see December 11, 2001). Bush had included Iraq as one of the now-infamous “Axis of Evil” in early 2002 (see January 29, 2002). And Bush, Cheney, and top White House officials had characterized Iraq and Saddam Hussein as a threat since March 2002 (see March 24, 2002, August 15, 2002, August 20, 2002, August 26, 2002, Fall and Winter 2002, September 7, 2002, September 8, 2002, September 8, 2002, September 12, 2002, September 13, 2002, September 18, 2002, September 19, 2002, September 24, 2002, September 26, 2002, October 1, 2002, October 1, 2002, October 3, 2002, October 7, 2002, October 7, 2002, January 10, 2003, and March 6, 2003). Wilson will later observe, “While the Journal may have been technically correct that the president had not uttered those exact words, he [and his top officials] walked right up to the phrase.” He will note that Bush’s “staff and administration allies, of course, had been less concerned about splitting hairs as they promoted the invasion.” [Wilson, 2004, pp. 367-368]

Entity Tags: Donald Rumsfeld, Ari Fleischer, Dan Bartlett, Richard Perle, Wall Street Journal, Joseph C. Wilson, Richard (“Dick”) Cheney, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

Christiane Amanpour.Christiane Amanpour. [Source: Pittsburgh Post-Gazette]Well-known CNN reporter Christiane Amanpour is asked on a talk show if “we in the media, as much as in the administration, drank the Kool-Aid when it came to the [Iraq] war.” Amanpour replies, “I think the press was muzzled, and I think the press self-muzzled. I’m sorry to say, but certainly television and, perhaps, to a certain extent, my station was intimidated by the administration and its foot soldiers at Fox News. And it did, in fact, put a climate of fear and self-censorship, in my view, in terms of the kind of broadcast work we did.” Asked if there were stories not reported, she replies, “It’s not a question of couldn’t do it, it’s a question of tone. It’s a question of being rigorous. It’s really a question of really asking the questions. All of the entire body politic in my view, whether it’s the administration, the intelligence, the journalists, whoever, did not ask enough questions, for instance, about weapons of mass destruction. I mean, it looks like this was disinformation at the highest levels.” A Fox News spokeswoman says of Amanpour’s comments, “Given the choice, it’s better to be viewed as a foot soldier for Bush than a spokeswoman for al-Qaeda.” [USA Today, 9/14/2003]

Entity Tags: Christiane Amanpour, Fox News, CNN

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

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

Victoria “Torie” Clarke, the Pentagon’s former public relations secretary who developed the Pentagon’s Iraq propaganda operation (see May 2001), joins CNN as a political and policy analyst. Her propaganda operation relied on retired military officers to serve as network analysts, promoting the administration’s Iraq policies and touting the occupation as a success. [New York Times, 9/23/2003] Several months later, Clarke will also join Comcast Communications, the nation’s largest cable television corporation, as its senior adviser for communications and government affairs. [PRWatch, 12/15/2003]

Entity Tags: Victoria (“Torie”) Clarke, CNN, US Department of Defense

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The US administrator for Iraq, L. Paul Bremer, speaks with President Bush during a dinner party. Discussing the insurgency in Iraq, Bremer warns Bush, “We’re up against a growing and sophisticated threat.” In his 2006 book My Year in Iraq, Bremer will write that at this time, the US only has “about half the number of soldiers we need… here.” [New York Times, 4/20/2008]

Entity Tags: L. Paul Bremer, George W. Bush

Timeline Tags: Iraq under US Occupation

Fox analyst Paul Vallely.Fox analyst Paul Vallely. [Source: The Intelligence Summit]The Pentagon sends a group of retired military generals and other high-ranking officers—part of its team of “independent military analysts” (see April 20, 2008 and Early 2002 and Beyond) on a carefully arranged tour of Iraq (see Summer 2003). The idea is to have the analysts counter the negative images being reported from Iraq about the upsurge in violence from the burgeoning insurgency. The Pentagon also wants the analysts to present a positive spin on Iraq in time to bolster President Bush’s request to Congress for $87 billion in emergency war financing. The group includes four analysts from Fox News, the Pentagon’s go-to media outlet for promulgating its propaganda and spin, one analyst from CNN and ABC, and several prominent members of research groups whose opinion articles appear regularly in the editorial pages of the largest US newspapers. The Pentagon promises that the analysts will be given a look at “the real situation on the ground in Iraq.”
Two Very Different Views of Reality - While the situation is rapidly deteriorating for the US—the American administrator, L. Paul Bremer, later writes that the US only has “about half the number of soldiers we needed here,” and has told Bush, “We’re up against a growing and sophisticated threat” at a dinner party that takes place on September 24, while the analysts are in Iraq (see September 24, 2003)—the story promoted by the analysts is starkly different. Their official presentation as constructed on a minute-by-minute basis by Pentagon officials includes a tour of a model school, visits to a few refurbished government buildings, a center for women’s rights, a mass grave from the early 1990s, and a tour of Babylon’s gardens. Mostly the analysts attend briefings, where one Pentagon official after another provide them with a very different picture of Iraq. In the briefings, Iraq is portrayed as crackling with political and economic energy. Iraqi security forces are improving by the day. No more US troops are needed to combat the small number of isolated, desperate groups of thugs and petty criminals that are spearheading the ineffective insurgency, which is perpetually on the verge of being eliminated. “We’re winning,” a briefing document proclaims. ABC analyst William Nash, a retired general, later calls the briefings “artificial,” and calls the tour “the George Romney memorial trip to Iraq,” a reference to former Republican governor George Romney’s famous claim that US officials had “brainwashed” him into supporting the Vietnam War during a tour there in 1965. Yet Nash, like the other analysts, will provide the talking points the Pentagon desires to his network’s viewers. Pentagon officials worry, for a time, about whether the analysts will reveal the troubling information they learn even on such a well-groomed and micromanaged junket, including the Army’s use of packing poorly armored Humvees with sandbags and Kevlar blankets, and the almost laughably poor performance of the Iraqi security forces. One Fox analyst, retired Army general Paul Vallely, later says, “I saw immediately in 2003 that things were going south.” But the Pentagon has no need to worry about Vallely or any of the other analysts. “You can’t believe the progress,” Vallely tells Fox News host Alan Colmes upon his return. Vallely predicts that the insurgency would be “down to a few numbers” within months. William Cowan, a retired Marine colonel, tells Fox host Greta Van Susteren, “We could not be more excited, more pleased.” Few speak about armor shortages or poor performances by Iraqi security forces. And all agree with retired general Carlton Shepperd’s conclusion on CNN: “I am so much against adding more troops.”
'Home Run' - The Iraq tour is viewed as what reporter David Barstow will call “a masterpiece in the management of perceptions.” Not only does it successfully promote the administration’s views on Iraq, but it helps fuel complaints that “mainstream” journalists are ignoring what administration officials and war supporters call “the good news” in Iraq. “We’re hitting a home run on this trip,” a senior Pentagon official says in an e-mail to the chairman and vice chairman of the Joint Chiefs of Staff, Richard Myers and Peter Pace. The Pentagon quickly begins planning for future trips, not just to Iraq but to Afghanistan and Guantanamo Bay (see June 24-25, 2005) as well. These trips, and the orchestrated blitz of public relations events that follow, are strongly supported by the White House.
Countering 'Increasingly Negative View' of Occupation - Pentagon spokesman Lawrence Di Rita will later explain that a “conscious decision” was made to use the analysts to counteract what Di Rita calls “the increasingly negative view of the war” coming from journalists in Iraq. The analysts generally have “a more supportive view” of the administration and the war; and the combination of their military expertise and their tremendous visibility make them ideal for battling what Di Rita and other Pentagon and administration see as unfairly negative coverage. On issues such as troop morale, detainee interrogations, inadequate equipment, and poorly trained Iraqi forces, Di Rita will say the analysts “were more likely to be seen as credible spokesmen.”
Business Opportunities - Many of the analysts are not only in Iraq to take part in the Pentagon’s propaganda efforts, but to find out about business opportunities for the firms they represent. They meet with civilian and military leaders in Iraq and Kuwait, including many who will make decisions about how the $87 billion will be spent. The analysts gather inside information about the most pressing needs of the US military, including the acute shortage of “up-armored” Humvees, the billions needed to build new military bases, the dire shortage of translators, and the sprawling and expensive plans to train Iraqi security forces. Analysts Cowan and Sherwood are two of the analysts who have much to gain from this aspect of their tour. Cowan is the CEO of a new military firm, the wvc3 Group. Sherwood is the executive vice president of the firm. The company is seeking contracts worth tens of millions of dollars to supply body armor and counterintelligence services in Iraq. The company has a written agreement to use its influence and connections to help Iraqi tribal leaders in Al-Anbar province win reconstruction contracts from the Americans. “Those sheiks wanted access to the CPA,” Cowen later recalls, referring to the Coalition Provisional Authority. And he is determined to provide that access. “I tried to push hard with some of Bremer’s people to engage these people of Al-Anbar,” he recalls. Fox military analyst Charles Nash, a retired Navy captain, works as a consultant for small companies who want to land fat defense contracts. As a military analyst, he is able to forge ties with senior military leaders, many of whom he had never met before. It is like being “embedded” with the Pentagon leadership, he will recall. He will say, “You start to recognize what’s most important to them…. There’s nothing like seeing stuff firsthand.” An aide to the Pentagon’s chief of public relations, Brent Krueger, will recall that he and other Pentagon officials are well aware of their analysts’ use of their access as a business advantage. Krueger will say, “Of course we realized that. We weren’t na├»ve about that…. They have taken lobbying and the search for contracts to a far higher level. This has been highly honed.” (Di Rita will deny ever thinking that analysts might use their access to their business advantage, and will say that it is the analysts’ responsibility to comply with ethical standards. “We assume they know where the lines are,” he will say.) [New York Times, 4/20/2008]

Entity Tags: William Nash, wvc3 Group, US Department of Defense, Richard B. Myers, Peter Pace, William Cowan, Lawrence Di Rita, Coalition Provisional Authority, Charles Nash, Carlton Shepperd, CNN, Brent T. Krueger, David Barstow, ABC News, Alan Colmes, Fox News, Paul Vallely, George Romney, George W. Bush, Greta Van Susteren, L. Paul Bremer

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

A Pakistani attack helicopter fires at Ahmed Said Khadr’s safe house.A Pakistani attack helicopter fires at Ahmed Said Khadr’s safe house. [Source: Canadian Broadcasting Corporation]Al-Qaeda leader Ahmed Said Khadr is killed in a shootout with the Pakistani army. The police received reports that senior members of al-Qaeda were hiding in South Waziristan, part of Pakistan’s tribal region near Afghanistan. The army attacks their safe house. After several hours of shooting, eight people in the safe house are killed and 18 are taken prisoner. One of the killed is later identified as Khadr. He is a long time Canadian citizen who ran a Canadian charity front called Human Concern International. After his death, a sympathetic jihadist group will refer to him as a “founding member” of al-Qaeda. [National Post, 10/14/2003; Canadian Broadcasting Corporation, 4/20/2006] In fact, thousands of al-Qaeda-linked militants have been hiding out in South Waziristan since early 2002, with the assistance of some in the Pakistani government (see Late 2002-Late 2003). The attack comes as Pakistan is under increasing international pressure to do something about the al-Qaeda safe haven, and takes place just days before Deputy Secretary of State Richard Armitage is due to visit Pakistan. Pakistani journalist Ahmed Rashid will later comment, “Buying time by carrying out an attack just before the visit of a senior US official became a pattern for [Pakistan].” [Rashid, 2008, pp. 270]

Entity Tags: Richard Armitage, Ahmed Rashid, Ahmed Said Khadr, Pakistani Army

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

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

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

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

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

Valerie Plame Wilson and Joseph Wilson, photographed in December 2003 for a Vanity Fair profile.Valerie Plame Wilson and Joseph Wilson, photographed in December 2003 for a Vanity Fair profile. [Source: Jonas Karlsson / Vanity Fair]Vanity Fair publishes an interview with Joseph Wilson (see February 21, 2002-March 4, 2002) and his wife, recently outed CIA official Valerie Plame Wilson (see July 14, 2003). It is the first interview with Plame Wilson after her exposure. The article features a photo of the Wilsons, which constitutes the first public photo of Plame Wilson after her exposure. She conceals her features behind large sunglasses and a scarf. [Vanity Fair, 1/2004] Many Bush administration supporters and others will criticize the Wilsons for allowing themselves to be interviewed and photographed. Wilson later calls his wife’s decision to allow herself to be photographed “spur of the moment,” and will note: “She had already been described as the beautiful blonde that she is, and her cover had long since been blown, so the only concern remaining was whether strangers would be able to use a photo to recognize her in public. With proper precautions taken, I saw no reason to deprive ourselves of the pleasure of being photographed together as the happily married couple that we are.” Later assertions that Plame Wilson had “blown her own cover” by allowing herself to be photographed are “laughable,” Wilson will write. [Wilson, 2004, pp. 409-410]

Entity Tags: Bush administration (43), Valerie Plame Wilson, Joseph C. Wilson, Vanity Fair

Timeline Tags: Niger Uranium and Plame Outing

In late 2001, a Pakistani named Abdullah Mahsud was arrested in northern Afghanistan and transferred to the US-run Guantanamo prison. He apparently concealed his true identity while there, and is released in March 2004. He returns to Waziristan, the Pakistani tribal region where he was born, and quickly becomes an important Taliban leader. The US Defense Department belatedly realizes he has been associated with the Taliban since he was a teenager, and calls him an “al-Qaeda-linked facilitator.” He earns a fearsome reputation by orchestrating attacks and kidnappings, starting later in 2004. His forces will sign a peace deal with the Pakistani government in early 2005 that effectively gives them control over South Waziristan (see February 7, 2005). Mahsud will be killed on July 24, 2007, just days after a peace deal between the Pakistani government and Waziristan militants collapses (see July 11-Late July, 2007). He reportedly blows himself up with a grenade while surrounded by Pakistani security forces in a town in Baluchistan province about 30 miles from the Afghan border that is also near Waziristan. A Pakistani official will say: “This is a big blow to the Pakistani Taliban. He was one of the most important commanders that the Taliban had in Waziristan.” [Washington Post, 7/25/2007]

Entity Tags: Taliban, Abdullah Mahsud

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Tahir Yuldashev.Tahir Yuldashev. [Source: Corbis Reuters]In mid-March 2004, Secretary of State Colin Powell visits Pakistan. He reportedly gives Pakistani President Pervez Musharraf an ultimatum: either Pakistan attacks the al-Qaeda safe haven in the South Waziristan tribal region, or the US will. On March 16, hundreds of Frontier Corps soldiers surround a compound in the village of Kalosha, a few miles from the capital of South Waziristan. Apparently, they are looking for Tahir Yuldashev, the leader of the Islamic Movement of Uzbekistan (IMU), an al-Qaeda-linked militant group based in nearby Uzbekistan. But the poorly trained Frontier Corps local militia have walked into a trap, and are badly defeated by about 2,000 al-Qaeda, Taliban, and IMU militants who greatly outnumber them. Yuldashev escapes.
Escalation - Ali Jan Orakzai, the regional commander of the Pakistani army, immediately rushes in eight thousand regular troops in an effort to save the situation. For the next two weeks, heavy fighting rages in South Waziristan. Helicopter gunships, fighter bombers, and heavy artillery are brought in to help defeat the militants, but the militants have heavy weapons as well and command the heights in extremely difficult mountainous terrain. [Rashid, 2008, pp. 270-271]
Al-Zawahiri Supposedly Surrounded - On March 18, Musharraf boasts on CNN that a “high-value target” has been surrounded, and suggests that it could be al-Qaeda second-in-command Ayman al-Zawahiri. He claims that 200 well-armed al-Qaeda fighters are protecting him. [CNN, 3/18/2004; FOX News, 3/18/2004] On March 19, Pakistani officials say that al-Zawahiri has escaped the South Waziristan village where he was supposedly surrounded. [Interactive Investor, 3/19/2004] In all likelihood, al-Zawahiri was never there, but was used as an excuse to justify the debacle.
Al-Qaeda Victorious - Heavy fighting continues for the next several weeks. Musharraf eventually orders local commanders to strike a deal with the militants to end the fighting. The fighting finally ends on April 24, when the Pakistani government signs an agreement with the militants, pardoning their leaders. The government claims that 46 of its soldiers were killed, while 63 militants were killed and another 166 were captured. But privately, army officers admit that their losses were close to 200 soldiers killed. US officials monitoring the fighting will later admit that the army attack was a disaster, resulting from poor planning and a near total lack of coordination. Pakistani journalist and regional expert Ahmed Rashid will later comment: “But there were deeper suspicions. The ISI had held meetings with the militants and possessed detailed information about the enemy’s numbers and armaments, but this intelligence did not seem to have been conveyed to the Frontier Corps. Western officers in [Afghanistan and Pakistan] wondered if the failed attack was due to a lack of coordination or was deliberate.” Orakzai, the army commander in charge of the offensive, reportedly intensely hates the US and has sympathy for the Taliban (see Late 2002-Late 2003). But there is no internal inquiry, even though many soldiers deserted or refused to fire on the militants. Nek Mohammed, a native local militant leader, emerges as a hero (see April 24-June 18, 2004). [PBS Frontline, 10/3/2006; Rashid, 2008, pp. 270-271]

Entity Tags: Pervez Musharraf, Pakistani Army, Pakistan Directorate for Inter-Services Intelligence, Tahir Yuldashev, Taliban, George W. Bush, Islamic Movement of Uzbekistan, Al-Qaeda, Ali Jan Orakzai, Nek Mohammed, Colin Powell, Frontier Corps, Ayman al-Zawahiri

Timeline Tags: Complete 911 Timeline, War in Afghanistan

A former high-level Defense Department official later tells journalist Seymour Hersh that when the Abu Ghraib scandal broke, Senator John Warner (R-VA), chairman of the Armed Services Committee, was warned “to back off” on the investigation, because “it would spill over to more important things.” A spokesman for Warner later acknowledges that there had been pressure on Warner, but says that Warner stood up to it. For instance, Warner insisted on putting Rumsfeld under oath when he testified about Abu Ghraib (see May 7, 2004). However, Hersh will later note, “Despite the subsequent public furor over Abu Ghraib, neither the House nor the Senate Armed Services Committee hearings led to a serious effort to determine whether the scandal was a result of a high-level interrogation policy that encouraged abuse.… An aggressive congressional inquiry into Abu Ghraib could have provoked unwanted questions about what the Pentagon was doing, in Iraq and elsewhere, and under what authority.” [New Yorker, 6/17/2007]

Entity Tags: John W. Warner, Seymour Hersh

Timeline Tags: Torture of US Captives

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

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

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

Since being defeated in Tora Bora, Afghanistan, in late 2001, al-Qaeda has made a safe haven in the Pakistani tribal region of South Waziristan (see December 10, 2001 and Late May 2002). But in April 2004, the Pakistani army begins attacking militants there (see March 18- April 24, 2004 and April 24-June 18, 2004). The army is defeated, but rapidly increases its troops in South Waziristan from less than 10,000 militia soldiers based only in the main town before the fighting began to 80,000 throughout the region. As a result, most of the al-Qaeda militants simply move from South Waziristan to North Waziristan. There is no similar increase in troop strength in North Waziristan, so al-Qaeda is able to reestablish a safe haven there. [Rashid, 2008, pp. 274] In February 2005, the army will strike a deal with the remaining militants in South Waziristan and withdraw all its troops from there, allowing al-Qaeda to reestablish themselves there as well (see February 7, 2005).

Entity Tags: Al-Qaeda, Pakistani Army

Timeline Tags: Complete 911 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

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