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Context of '(May 1989-January 1991): Later Head of CIA’s Alec Station Serves in Niger'

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Zacarias Moussaoui.Zacarias Moussaoui. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui becomes the first and only person charged in direct connection with the 9/11 attacks to stand trial in the US. [Associated Press, 3/17/2006] He was preparing to hijack an aircraft and fly it into a target when he was arrested 26 days before 9/11 (see August 16, 2001 and April 22, 2005). Although there has been disagreement whether Moussaoui was to take part in the actual attack of 9/11 or a follow-up plot (see January 30, 2003), the prosecution alleges that Moussaoui had information related to the attacks (see August 16, 2001) and facilitated them by lying and not disclosing everything he knew to the FBI. He is charged with six counts, including conspiracy to commit acts of terrorism and conspiracy to commit aircraft piracy. [US District Court for the Eastern District of Virginia, Alexandria Division, 12/11/2001 pdf file] The trial receives much media coverage and the highlights include the playing of United 93’s cockpit recorder (see April 12, 2006), a row over a government lawyer coaching witnesses (see March 13, 2006), and testimony by FBI agent Harry Samit (see March 9 and 20, 2006), former FBI assistant director Michael Rolince (see March 21, 2006), and Moussaoui himself (see March 27, 2006). Moussaoui is forced to wear a stun belt, controlled by one of the marshalls, under his jumpsuit. The belt is to be used if Moussaoui lunges at a trial participant. [New York Times, 4/17/2006] He has already pleaded guilty (see April 22, 2005) and the trial is divided into two phases; in the first phase the jury decides that Moussaoui is eligible for the death penalty, but in the second phase it fails to achieve unanimity on whether Moussaoui should be executed (see May 3, 2006). [Associated Press, 4/3/2006; New York Times, 4/17/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI agent Harry Samit testifying at the Moussaoui trial.FBI agent Harry Samit testifying at the Moussaoui trial. [Source: Agence France-Presse]FBI agent Harry Samit testifies at the trial of Zacarias Moussaoui (see March 6-May 4, 2006). Samit was one of the main agents involved in Moussaoui’s arrest and bombarded his superiors with messages about the danger Moussaoui posed (see August 21, 2001 and August 21, 2001). Under direct examination he relates what happened in August 2001 (see August 22, 2001). The prosecutor asks Samit several times what he would have done if Moussaoui had told the truth, and Samit is usually allowed by the judge to say how it would have helped the investigation and made 9/11 less likely. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] However, under cross examination Samit says he was not fooled by Moussaoui’s lies and that he immediately suspected him of preparing to hijack an airplane, but the investigation was thwarted by FBI headquarters, and the Radical Fundamentalist Unit in particular. He admits that he told the Justice Department’s Office of Inspector General that FBI headquarters was guilty of “obstructionism, criminal negligence, and careerism,” and that its opposition blocked “a serious opportunity to stop the 9/11 attacks.” [Associated Press, 3/20/2006] Samit says he warned his supervisors more than 70 times that Moussaoui was an al-Qaeda operative who might be plotting to hijack an airplane and fly it into a building, and that he was regularly thwarted by two superiors, David Frasca and Michael Maltbie. Reporting Samit’s testimony, the London Times will conclude that “the FBI bungled the Moussaoui investigation.” [London Times, 4/25/2006] Similar charges were made by one of Samit’s colleagues, Coleen Rowley, after 9/11 (see May 21, 2002). The Los Angeles Times will comment, “His testimony appeared to undermine the prosecution’s case for the death penalty.” [Los Angeles Times, 3/20/2006]

Entity Tags: Michael Maltbie, Coleen Rowley, David Frasca, Harry Samit, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

During the trial of Zacarias Moussaoui (see also March 6-May 4, 2006), the prosecution claims that if Zacarias Moussaoui had not lied when arrested and questioned (see August 16, 2001) and had provided information about the plot (see August 16, 2001), the FAA could have altered its security procedures to deal with the suicide hijacker threat. Prosecution witness Robert Cammaroto, an aviation security officer, says that security measures in effect before 9/11 were designed to cope with different types of threats, such as “the homesick Cuban,” rather than suicide hijackings. He says that if the FAA had more information about Moussaoui, its three dozen air marshals could have been moved from international to domestic flights, security checkpoints could have been tightened to detect short knives like the ones Moussaoui had, and flight crews could have been instructed to resist rather than cooperate with hijackers. Most of these steps could have been implemented within a matter of hours. However, Cammarato admits that the FAA was aware before 9/11 that terrorists considered flying a plane into the Eiffel Tower and that al-Qaeda has performed suicide operations on land and sea. [Associated Press, 3/22/2006]

Entity Tags: Federal Aviation Administration, Robert Cammarato, Carla Martin, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Four statements based on the CIA inspector general’s report on some aspects of the agency’s performance before 9/11 are introduced as evidence at the trial of Zacarias Moussaoui by the defense. The report was completed in 2004 (see June-November 2004), but rewritten and is still secret (see January 7, 2005). The four passages say:
bullet “Numerous” CIA officers accessed cables reporting that Khalid Almihdhar’s passport contained a US visa and Nawaf Alhazmi had flown from Thailand to Los Angeles (see Mid-January-March 2000); [US District Court for the Eastern District of Virginia, Alexandria District, 3/28/2006 pdf file]
bullet FBI Director Louis Freeh was briefed about Almihdhar in January 2000, but not told that Almihdhar had a US visa (see January 6-9, 2000); [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]
bullet Nobody at Alec Station, the CIA’s bin Laden unit, notified CIA personnel authorized to collect foreign intelligence in the US together with the FBI about Almihdhar’s US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000); [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]
bullet The CIA was unaware of the Phoenix memo until after 9/11 (note: this may not actually be true—see (July 27, 2001)). [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2005 pdf file]
Two sections of the 9/11 Congressional Inquiry report are also introduced as evidence as substitutes for the CIA inspector general’s report. They cover the use of aircraft as weapons and US knowledge of bin Laden’s intentions to strike inside the US in the summer of 2001. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file; US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mushin Musa Matwalli Atwah.Mushin Musa Matwalli Atwah. [Source: FBI]Mohsin Musa Matawalli Atwah, an Egyptian al-Qaeda operative, is killed in a remote village in the North Waziristan region of Pakistan. There was a $5 million bountry for Atwah, who was wanted for involvement in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Witnesses describe a missile strike followed by a Pakistani helicopter gunship attack. The attack is said to have killed nine people, including two young children. [Associated Press, 4/13/2006; CNN, 10/24/2006]

Entity Tags: Mushin Musa Matwalli Atwah

Timeline Tags: Complete 911 Timeline

A new video thought to be from al-Qaeda second-in-command Ayman al-Zawahiri praises the insurgency in Iraq. He describes militant leader Abu Musab al-Zarqawi as a “beloved brother” and says, “I have lived with him up close and have seen nothing but good from him.” However, the video was apparently made some time previously, in November 2005, and the man thought to be al-Zawahiri says it was made to mark the fourth anniversary of the battle of Tora Bora (see November 16, 2001). By November 2005, al-Zarqawi had had some sort of relationship with al-Qaeda for about a year (see October 17, 2004), but this relationship will end upon his death in mid-June (see June 8, 2006). [BBC, 4/13/2006]

Entity Tags: Ayman al-Zawahiri

Timeline Tags: Complete 911 Timeline

In May 2006, investigative reporters Joe and Susan Trento find that the CIA is continuing a pre-9/11 policy (see July 1990 and January 8, 2000) and deliberately keeping some suspected terrorists off the US international no-fly list, which is aimed at preventing terrorists from traveling to the US and other countries. In addition, it has an agreement with some airlines to allow suspected terrorists who are on the no-fly list to fly anyway. For example, it allows Rayed Abdullah, an associate of alleged 9/11 pilot Hani Hanjour, to fly to New Zealand, where he takes flying lessons (see February-May 30, 2006). The CIA, as well as the Defense Intelligence Agency, keeps some terrorists’ names off the no-fly list because they are already intelligence assets, others are allowed to fly because the CIA hopes to recruit them, and more are allowed to travel just because the CIA wants to see where they are going and who they will meet. In addition, others are kept off the no-fly list at the request of US allies like Pakistan and Saudi Arabia. A former CIA officer says: “I cannot describe to you how reluctant our operational people were to turn over names. Many terrorists act as assets for our case officers. We do deal with bad guys, and, like cops protect snitches, we protect ours, too, and none of those guys is going to show up on the no-fly list anytime soon. So we made a deal. The CIA effectively has the ability to allow people to fly who are on the no-fly list if we deem it in the national interest—just not on domestic airlines.” There are other problems with the no-fly list (see March 2006 and March 2006) and the CIA also penetrates the Federal Air Marshal Service to ensure that terrorists can fly openly without the marshals’ knowledge (see Before 2006). [Trento and Trento, 2006, pp. xiii, 187, 192-3]

Entity Tags: Central Intelligence Agency, Defense Intelligence Agency, Joseph Trento, Susan Trento

Timeline Tags: Complete 911 Timeline

Al-Qaeda leader Hassan Ghul is secretly transferred from US custody to Pakistani custody. The Pakistani government will later release him and he will apparently rejoin al-Qaeda. In early 2004, Ghul was captured in Iraq and put in the CIA’s secret prison system (see January 23, 2004). He became a “ghost detainee” because the US refused to admit they even held him. In 2006, the Bush administration decides to close most of the CIA’s secret prisons and transfer most of the important al-Qaeda prisoners to the Guantanamo prison. But Ghul is given to the Pakistani government instead, apparently as a goodwill gesture. According to a 2011 article by the Associated Press, “[T]he move frustrated and angered former CIA officers, who at the time believed Ghul should have been moved to Guantanamo along with 14 other high-value detainees” (See September 2-3, 2006). The ISI, Pakistan’s intelligence agency, promises that it will make sure Ghul is never released. But after only about a year, Pakistan will secretly let Ghul go and he apparently will return to working with al-Qaeda (see (Mid-2007)). [Associated Press, 6/15/2011] Ghul is given to Pakistan even though he is linked to a Pakistani militant group supported by the ISI, Pakistan’s intelligence agency, and the ISI had a history of protecting him from arrest (see (2002-January 23, 2004)). Also, Ghul is released even though he told US interrogators key information about Osama bin Laden’s courier that will eventually prove key to the discovery of bin Laden’s location (see Shortly After January 23, 2004 and Late 2005).

Entity Tags: Hassan Ghul, Central Intelligence Agency, Pakistan Directorate for Inter-Services Intelligence, Pakistan

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

Michael Tabman, the Minneapolis FBI field office’s special agent in charge, prevents Harry Samit from speaking at a national security forum about the Moussaoui case and removes him from counterterrorism investigations. Samit was an important figure in the Zacarias Moussaoui investigation just before 9/11 (see August 15-September 10, 2001, August 16, 2001 and August 20-September 11, 2001). Unlike his former colleague Coleen Rowley (see May 21, 2002 and February 26, 2003), Samit has never gone public with his criticism of the FBI’s handling of the case. Tabman has been working at the Minneapolis office only since 2005. After Samit files a complaint, FBI headquarters will reassign him to counterterrorism and send Tabman back to headquarters. [Star-Tribune (Minneapolis), 9/23/2006; Associated Press, 1/10/2007]

Entity Tags: Harry Samit, Hamis, FBI Headquarters

Timeline Tags: Complete 911 Timeline

Mohamad Farik Amin.Mohamad Farik Amin. [Source: FBI]The US temporarily closes a network of secret CIA prisons around the world and transfers the most valuable prisoners to the US prison in Guantanamo, Cuba, for eventual military tribunals. The prison network will be reopened a short time later (see Autumn 2006-Late April 2007). There were reportedly fewer than 100 suspects in the CIA prisons; most of them are apparently sent back to their home countries while fourteen are sent to Guantanamo. All fourteen have some connection to al-Qaeda. Seven of them reportedly had some connection to the 9/11 attacks. Here are their names, nationalities, and the allegations against them.
bullet Khalid Shaikh Mohammed (KSM) (Pakistani, raised in Kuwait). He is the suspected mastermind of 9/11 attacks and many other al-Qaeda attacks. A CIA biography of KSM calls him “one of history’s most infamous terrorists.”
bullet Mustafa Ahmed al-Hawsawi (Saudi). He allegedly helped finance the 9/11 attacks.
bullet Hambali (Indonesian). He attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and is accused of involvement in many other plots, including the 2002 Bali bombings (see October 12, 2002).
bullet Khallad bin Attash (a.k.a. Tawfiq bin Attash) (Yemeni). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and had a role in other plots such as the 2000 USS Cole bombing (see October 12, 2000).
bullet Ali Abdul Aziz Ali (Pakistani, raised in Kuwait). He allegedly helped finance the 9/11 attacks and arranged transportation for some hijackers. His uncle is KSM.
bullet Ramzi bin al-Shibh (Yemeni). A member of the Hamburg al-Qaeda cell with Mohamed Atta and other 9/11 hijackers. The CIA calls him the “primary communications intermediary” between the hijackers and KSM. He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
bullet Abd al-Rahim al-Nashiri (Saudi). He is said to have been one of the masterminds of the USS Cole bombing (see October 12, 2000). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
The remaining seven suspects are alleged to have been involved in other al-Qaeda plots:
bullet Abu Zubaida (Palestinian, raised in Saudi Arabia). He is said to be a facilitator who helped make travel arrangements for al-Qaeda operatives. He is also alleged to have organized a series of planned millennium attacks.
bullet Ahmed Khalfan Ghailani (Tanzanian). He was indicted for a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). He is also said to be an expert document forger.
bullet Majid Khan (Pakistani). He lived in the US since 1996 and is said to have worked with KSM on some US bomb plots (see March 5, 2003).
bullet Abu Faraj al-Libbi (a.k.a. Mustafa al-‘Uzayti) (Libyan). He allegedly became al-Qaeda’s top operations officer after KSM was captured.
bullet Mohamad Farik Amin (a.k.a. Zubair) (Malaysian). He is a key Hambali associate and was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) (Malaysian). He is a key Hambali associate. He is accused of providing funds for the 2003 bombing of the Marriott hotel in Jakarta, Indonesia (see August 5, 2003). He was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Gouled Hassan Dourad (Somali). He allegedly scouted a US military base in Djibouti for a planned terrorist attack.
The fourteen are expected to go on trial in 2007. [Knight Ridder, 9/6/2006; Central Intelligence Agency, 9/6/2006; USA Today, 9/7/2006]

Entity Tags: Majid Khan, Mustafa Ahmed al-Hawsawi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, Ramzi bin al-Shibh, Hambali, Gouled Hassan Dourad, Abd al-Rahim al-Nashiri, Abu Faraj al-Libbi, Khallad bin Attash, Abu Zubaida, Ali Abdul Aziz Ali, Central Intelligence Agency, Ahmed Khalfan Ghailani, Khalid Shaikh Mohammed

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

Bush acknowledging the secret CIA prison network.Bush acknowledging the secret CIA prison network. [Source: Gerald Herbert / Associated Press]In a speech, President Bush acknowledges a network of secret CIA prisons and announces plans to try 14 top al-Qaeda terrorist suspects in military tribunals. [Knight Ridder, 9/6/2006]
Admits Existence of Detainees in CIA Custody - Bush tells his listeners: “In addition to the terrorists held at Guantanamo, a small number of suspected terrorist leaders and operatives captured during the war have been held and questioned outside the United States, in a separate program operated by the Central Intelligence Agency.… Many specifics of this program, including where these detainees have been held and the details of their confinement, cannot be divulged.… We knew that Abu Zubaida (see March 28, 2002) had more information that could save innocent lives, but he stopped talking.… As his questioning proceeded, it became clear that he had received training on how to resist interrogation. And so the CIA used an alternative set of procedures… The procedures were tough, and they were safe, and lawful, and necessary.… These procedures were designed to be safe, to comply with our laws, our Constitution, and our treaty obligations. The Department of Justice reviewed the authorized methods extensively and determined them to be lawful. I cannot describe the specific methods used—I think you understand why.” Bush then adds that Zubaida “began to provide information on key al-Qaeda operatives, including information that helped us find and capture more of those responsible for the attacks on September 11” (see June 2002). Another high-value detainee, 9/11 planner Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), provided “many details of other plots to kill innocent Americans” (see March 7 - Mid-April, 2003 and August 6, 2007). [Vanity Fair, 12/16/2008; New York Review of Books, 3/15/2009] The 14 prisoners will be put on trial as soon as Congress enacts the Military Commissions Act (MCA—see October 17, 2006), which he is sending to Congress for its approval today. [Savage, 2007, pp. 308-309]
Political Reasons to Acknowledge CIA Prisons - The US government has never officially acknowledged the existence of the CIA prisons before, despite numerous media accounts about them. Bush’s speech comes less than two months before midterm Congressional elections and also comes as the White House is preparing new legislation to legalize the CIA’s detention program and shield US officials from prosecution for possible war crimes. Knight Ridder comments that the speech “appeared to be intended to give him more leverage in his negotiations with Congress over how to try suspected terrorists.… In addition to the potential political benefits, Bush had other reasons to make the program public. A Supreme Court ruling in June struck down the administration’s plan to bring terrorist suspects before military tribunals and called into question the legality of secret CIA detentions.” [Knight Ridder, 9/6/2006]
Sites Closed Down? - Other administration officials say the CIA prison network has been closed down, at least for the time being. (In fact, it will be reopened a short time later (see Autumn 2006-Late April 2007).) Reportedly, “fewer than 100” suspects had ever been in CIA custody. It is not known who they were or what happened to all of them, but most of them reportedly were returned to their home countries for prosecution. Fourteen “high-value” suspects, including accused 9/11 mastermind Khalid Shaikh Mohammed, were transferred from the secret CIA prisons to the prison in Guantanamo, Cuba in the days just prior to Bush’s speech (see September 2-3, 2006).
Torture is 'against [US] Values' - Bush says: “I want to be absolutely clear with our people and the world: The United States does not torture. It’s against our laws, and it’s against our values. I have not authorized it—and I will not authorize it.” However, he says the Geneva Conventions’ prohibition against “humiliating and degrading treatment” could potentially cause legal problems for CIA interrogators. Other administration officials say harsh interrogation techniques such as waterboarding were used in the CIA prisons. Such techniques are considered by many to be forms of torture. Bush claims that information gleaned from interrogations in the secret prisons helped thwart attacks on the US and provided valuable information about al-Qaeda operations around the world. [Knight Ridder, 9/6/2006; Washington Post, 9/7/2006]

Entity Tags: Geneva Conventions, Central Intelligence Agency, George W. Bush, Military Commissions Act, Abu Zubaida, Khalid Shaikh Mohammed

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

Shortly after 14 high-ranking al-Qaeda prisoners are transferred from secret CIA prisons to the US-controlled Guantanamo prison in Cuba (see September 2-3, 2006), the International Committee of the Red Cross is finally allowed to interview them. The prisoners include 9/11 mastermind Khalid Shaikh Mohammed, Ramzi bin al-Shibh, Hambali, and Abu Zubaida. The Red Cross has a policy of not publicizing or commenting its findings. However, some US officials are shown the report on the interviews with these prisoners and apparently some of these officials leak information to the New Yorker about one year later. The New Yorker will report, “Congressional and other Washington sources familiar with the report said that it harshly criticized the CIA’s practices. One of the sources said that the Red Cross described the agency’s detention and interrogation methods as tantamount to torture, and declared that American officials responsible for the abusive treatment could have committed serious crimes. The source said the report warned that these officials may have committed ‘grave breaches’ of the Geneva Conventions, and may have violated the US Torture Act, which Congress passed in 1994. The conclusions of the Red Cross, which is known for its credibility and caution, could have potentially devastating legal ramifications.” [New Yorker, 8/6/2007]

Entity Tags: Ahmed Khalfan Ghailani, Mustafa Ahmed al-Hawsawi, Ramzi bin al-Shibh, Khallad bin Attash, Abd al-Rahim al-Nashiri, Abu Zubaida, Mohamad Farik Amin, Mohammed Nazir Bin Lep, Khalid Shaikh Mohammed, Ali Abdul Aziz Ali, Central Intelligence Agency, Majid Khan, International Committee of the Red Cross, Abu Faraj al-Libbi, Hambali, Gouled Hassan Dourad

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

Two simultaneous suicide attacks on oil and gas installations in Yemen fail. The Safer refinery in Marib and the al-Dhabba terminal in Hadramout are attacked by four suicide bombers with car bombs, but Yemeni security forces blow the cars up just before they reach their targets. The four suicide bombers and one security guard are killed. The attacks come just a few days after al-Qaeda number two leader Ayman al-Zawahiri called for attacks on oil facilities in the Persian Gulf region. A Yemeni court later sentences 32 men to between two and 15 years in jail for their roles in the attacks. Three of them are alleged al-Qaeda operatives tried in absentia who escaped from prison earlier in 2006 (see February 3, 2006). [BBC, 11/7/2007] Anwar al-Awlaki, an imam for several of the 9/11 hijackers while they lived in the US, was arrested in Yemen earlier in the month (see Early September 2006-December 2007). He allegedly also has a role preparing for the foiled attacks. [Australian, 11/3/2006; Australian, 11/4/2006] The attempted attacks also come just days before Yemen’s presidential elections. Yemeni President Ali Abdallah Saleh, in power since 1978, quickly uses the attacks to criticize his opponent, because one of the opponents’ guards was accused of being involved. The guard is later acquitted. Saleh wins reelection. [New York Times, 3/1/2008] In 2008, one anonymous senior Yemeni official will tell the Washington Post that some important al-Qaeda members have had a long relationship with Yemen’s intelligence agencies and have targeted political opponents in the past. [Washington Post, 5/4/2008]

Entity Tags: Anwar al-Awlaki, Ayman al-Zawahiri, Al-Qaeda, Ali Abdallah Saleh

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

Original cover to Woodward’s ‘State of Denial.’Original cover to Woodward’s ‘State of Denial.’ [Source: Barnes and Noble]Journalist Bob Woodward’s new book State of Denial is released. While the book focuses mainly on politics regarding the Iraq war, it also describes an urgent warning that then-CIA Director George Tenet gave to Condoleezza Rice, National Security Adviser at the time, and other White House officials on July 10, 2001 (see July 10, 2001). [New York Times, 9/29/2006; New York Daily News, 9/29/2006; Washington Post, 10/1/2006] This warning had been mentioned in passing in a 2002 Time magazine article, but it had escaped widespread attention until Woodward’s book. [Time, 8/4/2002] The meeting is particularly controversial because neither the 9/11 Congressional Inquiry nor the 9/11 Commission mentioned in it in their final reports. The 9/11 Commission had learned about it from Tenet in early 2004 (see January 28, 2004). Rice and a number of 9/11 Commissioners deny knowing about the July meeting for several days, until documentation surfaces in the media detailing the meeting and Tenet’s testimony to the commission (see October 1-2, 2006 and September 30-October 3, 2006). Details about the July meeting and surrounding controversies are reported on by the mainstream media for about a week, but there are no articles on it in any prominent newspaper after October 3, 2006. On October 5, Sen. John Kerry (D-MA) formally asks Sen. Richard Lugar (R-IN), chairman of the Senate Foreign Relations Committee, for hearings about the revelations in Woodward’s book, including controversies surrounding the July meeting. Kerry says in a letter to Lugar, “It is necessary to understand the mistakes of the past in order to ensure they are not repeated, and having testimony from the parties under oath will help to sharpen recollections and clarify the exact nature of this important meeting.” However, no hearings take place. [Kerry, 10/5/2006]

Entity Tags: Bob Woodward, Condoleezza Rice, Bob Kerry, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In late September 2006, a new book by Bob Woodward reveals that CIA Director Tenet and CIA counterterrorism chief Cofer Black gave National Security Adviser Rice their most urgent warning about a likely upcoming al-Qaeda attack (see July 10, 2001 and September 29, 2006). Tenet detailed this meeting to the 9/11 Commission in early 2004 (see January 28, 2004), but it was not mentioned in the 9/11 Commission’s final report later that year. According to the Washington Post, “Though the investigators had access to all the paperwork on the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about.” [Washington Post, 10/1/2006] The 9/11 Commissioners initially vigorously deny that they were not told about the meeting. For instance, 9/11 Commissioner Jamie Gorelick says she checked with commission staff who told her they were never told about a meeting on that date. She says, “We didn’t know about the meeting itself. I can assure you it would have been in our report if we had known to ask about it.” [Washington Post, 9/30/2006] Commissioner Tim Roemer says, “None of this was shared with us in hours of private interviews, including interviews under oath, nor do we have any paper on this. I’m deeply disturbed by this. I’m furious.” Commissioner Richard Ben-Veniste says the meeting “was never mentioned to us.” Philip Zelikow, the executive director of the 9/11 Commission, says the commissioners and their staff had heard nothing in their private interviews with Tenet and Black to suggest that they made such a dire presentation to Rice. “If we had heard something that drew our attention to this meeting, it would have been a huge thing.” [New York Times, 10/2/2006] However, on October 3, 2006, a transcript of Tenet’s private testimony to the 9/11 Commission is leaked to reporters and clearly shows that Tenet did warn Rice of an imminent al-Qaeda threat on July 10, 2001. Ben-Veniste, who attended the meeting along with Zelikow and other staff members, now confirms the meeting did take place and claims to recall details of it, even though he, Zelikow, and other 9/11 Commissioners had denied the existence of the meeting as recently as the day before. In the transcript, Tenet says “the system was blinking red” at the time. This statement becomes a chapter title in the 9/11 Commission’s final report but the report, which normally has detailed footnotes, does not make it clear when Tenet said it. [Washington Post, 10/3/2006] Zelikow had close ties to Rice before joining the 9/11 Commission, having co-written a book with her (see March 21, 2004), and became one of her key aides after the commission disbanded (see February 28, 2005). Zelikow does not respond to requests for comments after Tenet’s transcript surfaces. [McClatchy Newspapers, 10/2/2006; Washington Post, 10/3/2006]

Entity Tags: Richard Ben-Veniste, Tim Roemer, Jamie Gorelick, George J. Tenet, Condoleezza Rice, 9/11 Commission, Philip Zelikow, Cofer Black

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Secretary of State Rice says that she does not recall the meeting on July 10, 2001, when CIA Director Tenet and other officials briefed her about the al-Qaeda threat (see July 10, 2001). “What I am quite certain of is that I would remember if I was told, as this account apparently says, that there was about to be an attack in the United States, and the idea that I would somehow have ignored that I find incomprehensible.” [Associated Press, 10/2/2006] Rice says she has no recollection of what she variously calls “the supposed meeting” and “the emergency so-called meeting.” [Editor & Publisher, 10/1/2006; McClatchy Newspapers, 10/2/2006] The Washington Post comments that “Rice added to the confusion… by strongly suggesting that the meeting may never have occurred at all—even though administration officials had conceded for several days that it had.” Hours after Rice’s latest denial, the State Department confirms that documents show Rice did attend such a meeting on that date. However, State Department spokesman Sean McCormack then says, “The briefing was a summary of the threat reporting from the previous weeks. There was nothing new.” The Washington Post notes that when it was pointed out to McCormack that Rice asked for the briefing to be shown to Defense Secretary Rumsfeld and Attorney General Ashcroft (see July 11-17, 2001), “McCormack was unable to explain why Rice felt the briefing should be repeated if it did not include new material.” [Washington Post, 10/3/2006]

Entity Tags: John Ashcroft, Sean McCormack, Condoleezza Rice, US Department of State, Al-Qaeda, George J. Tenet, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush signs the Military Commissions Act into law.President Bush signs the Military Commissions Act into law. [Source: White House]President Bush signs the Military Commissions Act (MCA) into law. [White House, 10/17/2006] The MCA is designed to give the president the authority to order “enemy detainees” tried by military commissions largely outside the scope of US civil and criminal procedures. The bill was requested by the Bush administration after the Supreme Court’s ruling in Hamdi v. Rumsfeld (see June 28, 2004) that the US could not hold prisoners indefinitely without access to the US judicial system, and that the administration’s proposal that they be tried by military tribunals was unconstitutional (see June 28, 2004). [FindLaw, 10/9/2006] It is widely reported that the MCA does not directly apply to US citizens, but to only non-citizens defined as “enemy combatants. [CBS News, 10/19/2006] However, six months later, a Bush administration lawyer will confirm that the administration believes the law does indeed apply to US citizens (see February 1, 2007).
Sweeping New Executive Powers - The MCA virtually eliminates the possibility that the Supreme Court can ever again act as a check on a president’s power in the war on terrorism. Similarly, the law gives Congressional approval to many of the executive powers previously, and unilaterally, seized by the Bush administration. Former Justice Department official John Yoo celebrates the MCA, writing, “Congress… told the courts, in effect, to get out of the war on terror” (see October 19, 2006). [Savage, 2007, pp. 319, 322]
'Abandoning' Core 'Principles' - The bill passed the Senate on a 65-34 vote, and the House by a 250-170 vote. The floor debate was often impassioned and highly partisan; House Majority Leader John Boehner (R-OH) called Democrats who opposed the bill “dangerous,” and Senate Judiciary Committee member Patrick Leahy (D-VT) said this bill showed that the US is losing its “moral compass.” Leahy asked during the debate, “Why would we allow the terrorists to win by doing to ourselves what they could never do, and abandon the principles for which so many Americans today and through our history have fought and sacrificed?” Senate Judiciary Committee chairman Arlen Specter (R-PA) had said he would vote against it because it is “patently unconstitutional on its face,” but then voted for it, saying he believes the courts will eventually “clean it up.” Specter’s attempt to amend the bill to provide habeas corpus rights for enemy combatants was defeated, as were four Democratic amendments. Republicans have openly used the debate over the MCA as election-year fodder, with House Speaker Dennis Hastert (R-IL) saying after the vote that “House Democrats have voted to protect the rights of terrorists,” and Boehner decrying “the Democrats’ irrational opposition to strong national security policies.” Democrats such as Senator Barack Obama (D-IL) say they will not fight back at such a level. “There will be 30-second attack ads and negative mail pieces, and we will be called everything from cut-and-run quitters to Defeatocrats, to people who care more about the rights of terrorists than the protection of Americans,” Obama says. “While I know all of this, I’m still disappointed, and I’m still ashamed, because what we’re doing here today—a debate over the fundamental human rights of the accused—should be bigger than politics.” [Washington Post, 10/19/2006] After winning the vote, Hastert accused Democrats who opposed the bill of “putting their liberal agenda ahead of the security of America.” Hastert said the Democrats “would gingerly pamper the terrorists who plan to destroy innocent Americans’ lives” and create “new rights for terrorists.” [New York Times, 10/19/2006]
Enemy Combatants - The MCA applies only to “enemy combatants.” Specifically, the law defines an “unlawful enemy combatant” as a person “who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents,” and who is not a lawful combatant. Joanne Mariner of Human Rights Watch says the definition far exceeds the traditionally accepted definition of combatant as someone who directly participates in hostilities. But under the MCA, someone who provides “material support” for terrorists—whether that be in the form of financial contributions or sweeping the floors at a terrorist camp—can be so defined. Worse, the label can be applied without recourse by either Bush or the secretary of defense, after a “competent tribunal” makes the determination. The MCA provides no guidelines as to what criteria these tribunals should use. Taken literally, the MCA gives virtually unrestricted power to the tribunals to apply the label as requested by the president or the secretary. Mariner believes the definition is both “blatantly unconstitutional” and a direct contradiction of centuries of Supreme Court decisions that define basic judicial rights. [FindLaw, 10/9/2006] Under this definition, the president can imprison, without charge or trial, any US citizen accused of donating money to a Middle East charity that the government believes is linked to terrorist activity. Citizens associated with “fringe” groups such as the left-wing Black Panthers or right-wing militias can be incarcerated without trial or charge. Citizens accused of helping domestic terrorists can be so imprisoned. Law professor Bruce Ackerman calls the MCA “a massive Congressional expansion of the class of enemy combatants,” and warns that the law may “haunt all of us on the morning after the next terrorist attack” by enabling a round of mass detentions similar to the roundup of Japanese-American citizens during World War II. [Savage, 2007, pp. 322]
Military Commissions - The MCA mandates that enemy combatants are to be tried by military commissions, labeled “regularly constituted courts that afford all the necessary ‘judicial guarantees which are recognized as indispensable by civilized peoples’ for purposes of common Article 3 of the Geneva Conventions.” The commissions must have a minimum of five commissioned military officers and a military judge; if death is a possible penalty, the commissions must have at least 12 officers. The defendant’s guilt must be proven beyond a reasonable doubt; convictions require a two-thirds vote. Sentences of beyond 10 years require a three-quarters vote, and death penalties must be unanimously voted for. Defendants may either represent themselves or by military or civilian counsel. The court procedures themselves, although based on standard courts-martial proceedings, are fluid, and can be set or changed as the secretary of defense sees fit. Statements obtained through methods defined as torture are inadmissible, but statements take by coercion and “cruel treatment” can be admitted. The MCA sets the passage of the Detainee Treatment Act (DTA—see December 15, 2005) as a benchmark—statements obtained before the December 30, 2005 enactment of that law can be used, even if the defendant was “coerced,” if a judge finds the statement “reasonable and possessing sufficient probative value.” Statements after that date must have been taken during interrogations that fall under the DTA guidelines. Defendants have the right to examine and respond to evidence seen by the commission, a provision originally opposed by the administration. However, if the evidence is classified, an unclassified summary of that material is acceptable, and classified exculpatory evidence can be denied in lieu of what the MCA calls “acceptable substitutes.” Hearsay evidence is admissible, as is evidence obtained without search warrants. Generally, defendants will not be allowed to inquire into the classified “sources, methods, or activities” surrounding evidence against them. Some human rights activists worry that evidence obtained through torture can be admitted, and the fact that it was obtained by torture, if that detail is classified, will not be presented to the court or preclude the evidence from being used. Public access to the commissions will be quite limited. Many experts claim these commissions are illegal both by US constitutional law and international law. [FindLaw, 10/9/2006]
Secret Courts - The military tribunals can be partially or completely closed to public scrutiny if the presiding judge deems such an action necessary to national security. The government can convey such concerns to the judge without the knowledge of the defense. The judge can exclude the accused from the trial if he deems it necessary for safety or if he decides the defendant is “disruptive.” Evidence can be presented in secret, without the knowledge of the defense and without giving the defense a chance to examine that evidence, if the judge finds that evidence “reliable.” And during the trial, the prosecution can at any time assert a “national security privilege” that would stop “the examination of any witness” if that witness shows signs of discussing sensitive security matters. This provision can easily be used to exclude any potential defense witness who might “breach national security” with their testimony. Author and investigative reporter Robert Parry writes, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and elimination of enemies of the state, whether those enemies are foreign or domestic.” [Consortium News, 10/19/2006]
Appeals - Guilty verdicts are automatically appealed to a Court of Military Commission Review, consisting of three appellate military justices. The DC Circuit Court of Appeals has extremely limited authority of review of the commissions; even its authority to judge whether a decision is consistent with the Constitution is limited “to the extent [that the Constitution is] applicable.”
Types of Crimes - Twenty-eight specific crimes fall under the rubric of the military commissions, including conspiracy (not a traditional war crime), murder of protected persons, murder in violation of the bill of war, hostage-taking, torture, cruel or inhuman treatment, mutilation or maiming, rape, sexual abuse or assault, hijacking, terrorism, providing material support for terrorism, and spying. [FindLaw, 10/9/2006]
CIA Abuses - The MCA, responding to the recent Supreme Court decision of Hamdan v. Rumsfeld (see June 30, 2006) that found the CIA’s secret detention program and abusive interrogation practices illegal, redefines and amends the law to make all but the most pernicious interrogation practices, even those defined as torture by the War Crimes Act and the Geneva Conventions, legal. The MCA actually rules that the Geneva Conventions are all but unenforceable in US courts. It also provides retroactive protection under the law to all actions as far back as November 1997. Under the MCA, practices such as waterboarding, stress positioning, and sleep deprivation cannot be construed as torture. [FindLaw, 10/9/2006] The MCA even states that rape as part of interrogations cannot be construed as torture unless the intent of the rapist to torture his victim can be proven, a standard rejected by international law. The MCA provides such a narrow definition of coercion and sexual abuse that most of the crimes perpetrated at Abu Ghraib are now legal. [Jurist, 10/4/2006] Although the MCA seems to cover detainee abuse for all US agencies, including the CIA, Bush says during the signing of the bill, “This bill will allow the Central Intelligence Agency to continue its program for questioning key terrorist leaders and operatives.” International law expert Scott Horton will note, “The administration wanted these prohibitions on the military and not on the CIA, but it did not work out that way.” Apparently Bush intends to construe the law to exempt the CIA from its restrictions, such as they are, on torture and abuse of prisoners. [Salon, 5/22/2007]
No Habeas Corpus Rights - Under the MCA, enemy combatants no longer have the right to file suit under the habeas corpus provision of US law. This means that they cannot challenge the legality of their detention, or raise claims of torture and mistreatment. Even detainees who have been released can never file suit to seek redress for their treatment while in US captivity. [FindLaw, 10/25/2006]
Retroactive Immunity - The administration added a provision to the MCA that rewrote the War Crimes Act retroactively to November 26, 1997, making any offenses considered war crimes before the MCA is adopted no longer punishable under US law. Former Nixon White House counsel John Dean will write in 2007 that the only reason he can fathom for the change is to protect administration officials—perhaps including President Bush himself—from any future prosecutions as war criminals. Dean will note that if the administration actually believes in the inherent and indisputable powers of the presidency, as it has long averred, then it would not worry about any such criminal liability. [Dean, 2007, pp. 239-240]

Entity Tags: Human Rights Watch, Joanne Mariner, US Supreme Court, Patrick J. Leahy, Military Commissions Act, John Dean, George W. Bush, Scott Horton, Geneva Conventions, Bruce Ackerman, Dennis Hastert, American Civil Liberties Union, Amnesty International, Detainee Treatment Act, Arlen Specter, War Crimes Act, Barack Obama, Central Intelligence Agency, Bush administration (43), John Boehner

Timeline Tags: Civil Liberties

MSNBC reports that Mohammed al-Khatani, the alleged would-be twentieth 9/11 hijacker, will likely never be put on trial. A US army investigation concluded that he “was forced to wear a bra. He had a thong placed on his head. He was massaged by a female interrogator who straddled him like a lap dancer. He was told that his mother and sisters were whores. He was told that other detainees knew he was gay. He was forced to dance with a male interrogator. He was strip-searched in front of women. He was led on a leash and forced to perform dog tricks. He was doused with water. He was prevented from praying. He was forced to watch as an interrogator squatted over his Koran.” Mark Fallon, head of the Pentagon’s Criminal Investigation Task Force, claims that he was told by other officials several times not to worry building a legal case against al-Khatani since there would never be a trial against him due to the interrogation techniques used on him. [MSNBC, 10/26/2006] According to al-Khatani’s lawyer, al-Khatani appears to be a broken man, who “painfully described how he could not endure the months of isolation, torture and abuse, during which he was nearly killed, before making false statements to please his interrogators.” [Time, 3/3/2006]

Entity Tags: Mohamed al-Khatani

Timeline Tags: Torture of US Captives

CIA officer Richard Blee, who headed Alec Station, the CIA’s bin Laden unit, at the time of the 9/11 attacks (see August 22-September 10, 2001), is considered for the position of chief of station in Baghdad, one of the CIA’s largest stations. [Harper's, 1/28/2007] However, he does not get the position. [Harper's, 2/9/2007] The reasons for him not getting the job are apparently that he is seen as a “bad fit,” and is closely associated with detainee abuse and renditions, in particular that of Ibn al-Shaykh al-Libi (see Shortly After December 19, 2001). In addition, he is said to have a poor relationship with the military, in particular the Special Operations community. An unnamed former official calls Blee a “smart guy,” but says, “He’s the last guy you want running a tense place like the station in Baghdad, because he creates a lot of tension himself.” [Harper's, 1/28/2007] Shortly before mid-May 2003, Blee had been loaned to the FBI, where he had a senior position, but his career history after that is unknown. [New York Times, 5/15/2003]

Entity Tags: Central Intelligence Agency, Federal Bureau of Investigation, Richard Blee

Timeline Tags: Complete 911 Timeline

Journalist Ken Silverstein writes a piece about a CIA officer who is being considered for the position of station chief in Baghdad (see January-February 2007). According to Silverstein, who uses the pseudonym “James,” the officer is “the son of a well-known and controversial figure who served at the agency during its early years.” Silverstein also mentions the officer’s time managing Alec Station, the CIA’s bin Laden unit, problems with his management style (see June 1999), his closeness to former CIA Counterterrorist Center chief Cofer Black (see 1998 and After), his work as station chief in Kabul after 9/11 (see December 9, 2001), and his involvement in the rendition of Ibn al-Shaykh al-Libi (see Shortly After December 19, 2001). [Harper's, 1/28/2007] The officer, Richard Blee, will finally “out” himself in a joint statement issued with former CIA Director George Tenet and Black in August 2011 (see August 3, 2011).

Entity Tags: Richard Blee, Ken Silverstein

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mohammed Jamal Khalifa, brother-in-law and former best friend of Osama bin Laden, is killed in Madagascar. Khalifa’s family claims that a large group of armed men broke into his house and killed him as he slept. His computer and laptop is stolen. Khalifa was living in Saudi Arabia but traded precious stones and was staying at a mine that he owns. His family says they do not believe he had been killed by locals. There is considerable evidence Khalifa was involved in funding al-Qaeda-connected plots in the Philippines and Yemen in the 1990s (see December 16, 1994-February 1995, December 16, 1994-May 1995, and 1996-1997 and After). Since that time, Khalifa has steadfastly denied any involvement in terrorism and has criticized bin Laden. CNN reporter Nic Robertson asks, “Was he killed by bin Laden’s associates for speaking out against the al-Qaeda leader or, equally feasibly, by an international intelligence agency settling an old score?” Just one week earlier, a Philippine newspaper published a posthumous 2006 interview with Khaddafy Janjalani, former leader of Abu Sayyaf, a Muslim militant group in the southern Philippines. In the interview, Janjalani claimed Abu Sayyaf received $122,000 from Khalifa and bomber Ramzi Yousef in the mid-1990s (see Early 1991). [CNN, 1/31/2007; Reuters, 2/1/2007] And four days before his murder, Interpol put out a bulletin about him, notifying a number of US intelligence agencies (see January 26, 2007). [Guardian, 3/2/2007] His murderers have not been found or charged.

Entity Tags: Mohammed Jamal Khalifa, Abu Sayyaf, Osama bin Laden, Khaddafy Janjalani

Timeline Tags: Complete 911 Timeline

High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad.High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad. [Source: FBI (except for AFP for Hambali, New York Times for Abu Zubaida, and Reuters for Majid Khan)]Combat Status Review Tribunal hearings are held for fourteen high-value detainees who have been moved to Guantanamo Bay and are being held there by the US military (see September 2-3, 2006). The purpose of the hearings is to check that the detainees are properly designated as “enemy combatants.” Transcripts of the unclassified part of the hearings are released to the media, but no journalists are allowed to attend the hearings, and no photographs of the prisoners are released. However, Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL) view Khalid Shaikh Mohammed’s confession on closed circuit television in Guantanamo Bay (see March 10, 2007).
bullet Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) admits to being involved in dozens of terror plots and attempts to morally justify his actions (see March 10, 2007), causing a good deal of interest in the media (see March 15-23, 2007 and Shortly After).
bullet Mustafa Ahmad al-Hawsawi says he is not an al-Qaeda member. However, he admits receiving military training from al-Qaeda, and helping some of the 9/11 hijackers, as well as knowing Osama bin Laden, Ayman Al-Zawahiri, Ramzi bin al-Shibh, and KSM (see March 21, 2007).
bullet Hambali is accused of being a leader of al-Qaeda affiliate Jemaah Islamiyah (JI) and being involved in several bomb plots in Southeast Asia. He submits a wide-ranging written statement and denies all involvement in terrorist acts, saying he resigned from JI in 2000. [US department of Defense, 4/4/2007 pdf file]
bullet Khallad bin Attash is accused of being involved in the attacks on US embassies in East Africa and the USS Cole. He says that the details of his participation in the attacks, as presented in the evidence, are incorrect, but admits being involved in the attacks. [US department of Defense, 3/12/2007 pdf file]
bullet Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) admits sending hijacker Marwan Alshehhi some money, but says he knew nothing of the plot, denies being an “enemy combatant,” and says he has provided “vital information” to the US (see March 30, 2007).
bullet Ramzi bin al-Shibh refuses to attend the hearing, or talk to his personal representative and translator, so only the summary of unclassified evidence is read out at the hearing. He is accused of knowing three of the hijacker pilots and facilitating the plot, as well as helping Zacarias Moussaoui and being captured at an al-Qaeda safehouse. [US department of Defense, 3/9/2007 pdf file]
bullet Abd al-Rahim al-Nashiri is accused of involvement in the African embassy and USS Cole bombings, but claims that he was tortured into confessing details of plots he invented (see March 10-April 15, 2007). However, he admits knowing Osama bin Laden and several other militants, as well as receiving up to $500,000 from bin Laden and distributing it to associates, some of whom used the money to get married and some of whom used it “to do other stuff.” He admits knowing the people involved in the USS Cole attack, such as al-Qaeda leader Khallad bin Attash, who he describes as a “regular guy who was jihadist,” and he admits buying the boat used in the attack and some explosives in Yemen using money provided by bin Laden. [US department of Defense, 3/14/2007 pdf file]
bullet Abu Zubaida is accused of heading the Khaldan and Darunta training camps in Afghanistan, and admits heading Khaldan, but denies actually being a member of al-Qaeda (see March 27, 2007) and complains of torture (see March 10-April 15, 2007).
bullet Ahmed Khalfan Ghailani is accused of being involved in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998), for which he was indicted in the US. He admits being present when one of the bomb trucks was purchased and traveling in a scouting vehicle, but not to the embassy; and he admits buying the explosives, but argues another team member “could have gotten it himself, but he sent me to get it and bring it to him.” He also says he was told the explosives were for “mining diamonds.” He admits working with al-Qaeda, but denies actually being a member. He concludes by saying he “would like to apologize to the United States Government for what I did before… it was without my knowledge what they were doing but I helped them.” [US Department of Defense, 3/17/2007 pdf file]
bullet Majid Khan, who is alleged to have facilitated travel for extremists and to have planned an attack inside the US, attends the hearing, but says he “would rather have a fair trial… than a tribunal process.” He also denies the charges, complains of being tortured in US custody (see March 10-April 15, 2007), and submits favorable testimony from witnesses. For example, one witness claims he was forced to make a false statement saying that Khan wanted to participate in a suicide operation against Pakistani President Musharraf by the FBI, which threatened to transfer him to Guantanamo Bay. Khan also points out that he helped the FBI catch an illegal immigrant and says he will take a lie detector test. [US department of Defense, 4/15/2007 pdf file]
bullet Abu Faraj al-Libbi, who was accused of running an al-Qaeda guest house in Afghanistan, running a communications hub, and facilitating travel for militant trainees, elects not to participate in his hearing, as, according to his personal representative, “his freedom is far too important to be decided by an administrative process and [he] is waiting for legal proceedings.” [US department of Defense, 3/9/2007 pdf file]
bullet Mohamed Farik Amin is accused of being involved with the al-Qaeda affiliate Jemaah Islamiyah and of helping finance attacks by it. He attends the hearing, but does not say anything. [US department of Defense, 3/13/2007 pdf file]
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) does not to attend the hearing and is represented by his personal representative. He is accused of facilitating the transfer of funds for attacks in Southeast Asia, being an associate of Hambali, and having suspicious materials in the apartment where he was arrested. He says he has “nothing to do with JI” and that “it is true I facilitated the movement of money for Hambali, but I did not know what it was going to be used for.” He also points out, “it is not against the law in Thailand to have an M-16 in your apartment.” [US Department of Defense, 3/20/2007 pdf file]
bullet Gouled Hassan Dourad is accused of heading an al-Qaeda cell in Djibouti and of participating in operations by Al-Ittihad al-Islami in Somalia, but decides not to attend the hearing. He denies the specific allegations, but acknowledges fighting Ethiopians, which he says is his “right.” [US Department of Defense, 4/28/2007]

Entity Tags: Ali Abdul Aziz Ali, Gouled Hassan Dourad, Jemaah Islamiyah, Ahmed Khalfan Ghailani, Hambali, Abu Zubaida, Majid Khan, Abd al-Rahim al-Nashiri, Ramzi bin al-Shibh, Mustafa Ahmed al-Hawsawi, Mohammed Nazir Bin Lep, Mohamad Farik Amin, Khalid Shaikh Mohammed, Abu Faraj al-Libbi, Khallad bin Attash

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

A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture).A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture). [Source: FBI]Khalid Shaikh Mohammed (KSM) attends his combat status review tribunal at Guantanamo Bay (see March 9-April 28, 2007), where he admits participating in the 9/11 attacks and numerous other plots, and offers a defense of his actions. He claims responsibility or co-responsibility for a list of 31 plots, including:
bullet The 1993 World Trade Center bombing (see February 26, 1993);
bullet The 9/11 operation: “I was responsible for the 9/11 operation from A to Z”;
bullet The murder of Daniel Pearl (see January 31, 2002): “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl”;
bullet The late 2001 shoe bombing operation (see December 22, 2001);
bullet The 2002 Bali nightclub bombings (see October 12, 2002);
bullet A series of ship-bombing operations (see Mid-1996-September 11, 2001 and June 2001);
bullet Failed plots to assassinate several former US presidents;
bullet Planned attacks on bridges in New York;
bullet Various other failed attacks in the US, UK, Israel, Indonesia, Australia, Japan, Azerbaijan, the Philippines, India, South Korea, and Turkey;
bullet The planned destruction of an El-Al flight in Bangkok;
bullet The Bojinka plot (see January 6, 1995), and assassination plans for President Clinton (see September 18-November 14, 1994) and the Pope (see September 1998-January 1999); and
bullet Planned attacks on the Library Tower in California, the Sears Tower in Chicago, the Empire State Building in New York, and the “Plaza Bank” in Washington State (see October 2001-February 2002). [US Department of Defense, 3/10/2007 pdf file] However, the Plaza Bank was not founded until 2006, three years after KSM was captured. The bank’s president comments: “We’re confused as to how we got on that list. We’ve had a little bit of fun with it over here.” [Seattle Post-Intelligencer, 3/15/2007]
On the other hand, KSM denies receiving funds from Kuwait or ever heading al-Qaeda’s military committee; he says this was a reporting error by Yosri Fouda, who interviewed him in 2002 (see April, June, or August 2002). In addition, he claims he was tortured, his children were abused in detention, and that he lied to his interrogators (see June 16, 2004). He also complains that the tribunal system is unfair and that many people who are not “enemy combatants” are being held in Guantanamo Bay. For example, a team sent by a Sunni government to assassinate bin Laden was captured by the Taliban, then by the US, and is being held in Guantanamo Bay. He says that his membership of al-Qaeda is related to the Bojinka operation, but that even after he became involved with al-Qaeda he continued to work with another organization, which he calls the “Mujaheddin,” was based in Pakistan, and for which he says he killed Daniel Pearl. [US Department of Defense, 3/10/2007 pdf file] (Note: KSM’s cousin Ramzi Yousef was involved with the militant Pakistani organization Sipah-e-Sahaba.) [Reeve, 1999, pp. 50, 54, 67] Mohammed says he was waterboarded by his interrogators. He is asked: “Were any statements you made as the result of any of the treatment that you received during that time frame from 2003 to 2006? Did you make those statements because of the treatment you receive from these people?” He responds, “CIA peoples. Yes. At the beginning, when they transferred me.” [ABC News, 4/11/2008] He goes on to compare radical Islamists fighting to free the Middle East from US influence to George Washington, hero of the American War of Independence, and says the US is oppressing Muslims in the same way the British are alleged by some to have oppressed Americans. Regarding the fatalities on 9/11, he says: “I’m not happy that three thousand been killed in America. I feel sorry even. I don’t like to kill children and the kids.” Although Islam prohibits killing, KSM argues that there is an exception because “you are killing people in Iraq.… Same language you use, I use.… The language of war is victims.” [US Department of Defense, 3/10/2007 pdf file] The hearing is watched from an adjoining room on closed circuit television by Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL). [US Congress, 3/10/2007] KSM’s confession arouses a great deal of interest in the media, which is skeptical of it (see March 15-23, 2007 and Shortly After).

Entity Tags: Daniel Robert (“Bob”) Graham, Khalid Shaikh Mohammed, Carl Levin

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

A cartoonist’s view of Khalid Shaikh Mohammed’s confession.A cartoonist’s view of Khalid Shaikh Mohammed’s confession. [Source: Rob Rodgers / Pittsburgh Post-Gazette]Khalid Shaikh Mohammed’s (KSM) confession at a Guantanamo Bay hearing (see March 10, 2007), becomes, as Time puts it, “a focus of cable TV and other media coverage, a reminder of America’s ongoing battle against international terrorism.” [Time, 3/15/2007] However, terrorism analysts are skeptical of some aspects of it. In an article entitled Why KSM’s Confession Rings False, former CIA agent Robert Baer says that KSM is “boasting” and “It’s also clear he is making things up.” Specifically, Baer doubts that KSM murdered Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Baer notes that this “raises the question of just what else he has exaggerated, or outright fabricated.” Baer also points out he does not address the question of state support for al-Qaeda and that “al-Qaeda also received aid from supporters in Pakistan, quite possibly from sympathizers in the Pakistani intelligence service.” [Time, 3/15/2007] Pearl’s father also takes the confession of his son’s murder “with a spice of doubt.” [Hindustan Times, 3/23/2007] Journalist Yosri Fouda, who interviewed KSM in 2002 (see April, June, or August 2002), comments, “he seems to be taking responsibility for some outrages he might not have perpetrated, while keeping quiet about ones that suggest his hand.” Specifically, he thinks KSM may have been involved in an attack in Tunisia that killed about 20 people (see April 11, 2002). [London Times, 3/18/2007] KSM is also believed to have been involved in the embassy and USS Cole bombings (see Mid-1996-September 11, 2001), but these are also not mentioned. Terrorism analyst Bruce Riedel also does not take the confession at face value, saying, “He wants to promote his own importance. It’s been a problem since he was captured.” [Time, 3/15/2007] The Los Angeles Times notes that, according to intelligence officials, “the confession should be taken with a heavy dose of skepticism.” A former FBI manager says: “Clearly he is responsible for some of the attacks. But I believe he is taking credit for things he did not have direct involvement in.” [Los Angeles Times, 3/16/2007] The Seattle Post-Intelligencer points out that the Plaza Bank, one of the targets KSM says he planned to attack, was actually established in 2006, three years after he was captured. [Seattle Post-Intelligencer, 3/15/2007] Michael Scheuer, formerly head of the CIA’s bin Laden unit, notes KSM only says he is “involved” in the plots and that 31 plots in 11 years “can hardly be called excessive.” [Hindustan Times, 3/23/2007] Some media are even more skeptical. For example, the Philadelphia Inquirer comments that KSM, “claimed credit for everything but being John Wilkes Booth’s handler.” [Philadelphia Inquirer, 3/30/2007]

Entity Tags: Yosri Fouda, Judea Pearl, Daniel Pearl, Khalid Shaikh Mohammed, Michael Scheuer, Robert Baer, Bruce Riedel

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

Former CIA manager Michael Scheuer, who ran the agency’s “rendition” program that sent suspected terrorists to foreign nations to be interrogated for information in the late 1990s (see Summer 1995 and 1997), says during a House Foreign Affairs Committee hearing that the assurances of Arab nations such as Egypt and Syria that a suspect will not be tortured are not “worth a bucket of warm spit.” Scheuer tells the assembled lawmakers that he knows of at least three mistakes that the CIA has made in its overseas rendition program, including the capture and subsequent torture of Canadian citizen Maher Arar (see September 26, 2002 and October 10, 2002-October 20, 2002). [Savage, 2007, pp. 149-150; US Congress, 4/17/2007 pdf file]

Entity Tags: Central Intelligence Agency, Alec Station, Maher Arar, Michael Scheuer, House Foreign Affairs Committee

Timeline Tags: Torture of US Captives

According to former CIA Director George Tenet, he speaks to a “senior CIA officer” with knowledge of pre-9/11 intelligence failures, apparently in preparation for a book he is writing. They discuss the failure to inform the FBI that one of the hijackers, Khalid Almihdhar, had a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000). The officer tells Tenet: “Once Almihdhar’s picture and visa information were received, everyone agreed that the information should immediately be sent to the FBI. Instructions were given to do so. There was a contemporaneous e-mail in CIA staff traffic, which CIA and FBI employees had access to, indicating that the data had in fact been sent to the FBI. Everyone believed it had been done.” [Tenet, 2007, pp. 195] The claim that “everyone agreed” the information should be sent to the FBI is false, because two officers, deputy unit chief Tom Wilshire and Michael Anne Casey, specifically instructed two other people working at Alec Station, the CIA’s bin Laden unit, not to send it (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and January 6, 2000). The “contemporaneous e-mail” was then written by Casey, who must have known the claim the information had been passed was incorrect (see Around 7:00 p.m. January 5, 2000). Casey later appears to have lied about this matter to Tenet (see Before October 17, 2002) and the Justice Department’s inspector general (see February 2004).

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Fahad al-Quso.Fahad al-Quso. [Source: New York Times]Fahad al-Quso, implicated in the 2000 USS Cole bombing, was sentenced to 10 years in prison in Yemen in 2004 for his role in that bombing (see April 11, 2003-March 2004). He attended a key 2000 al-Qaeda summit in Malaysia in which the 9/11 plot was discussed (see January 5-8, 2000). The US maintains a $5 million bounty for him. However, around May 2007, al-Quso is secretly freed. Since 2002, the Yemeni government has had a program of “reeducating” al-Qaeda prisoners and then releasing them (see 2002 and After). The US learns of al-Quso’s release in February 2008, but takes no known action in response. Al-Quso apparently remains free. [Washington Post, 5/4/2008]

Entity Tags: Fahad al-Quso

Timeline Tags: Complete 911 Timeline

Ali Abd al-Rahman al-Faqasi al-Ghamdi.Ali Abd al-Rahman al-Faqasi al-Ghamdi. [Source: Public domain]Amnesty International, Human Rights Watch, and four other organizations file a US federal lawsuit under the Freedom of Information Act seeking information about 39 people they believe have “disappeared” while held in US custody. The groups mentions 39 people who were reportedly captured overseas and then held in secret CIA prisons. The US acknowledges detaining three of the 39 but the groups say there is strong evidence, including witness testimony, of secret detention in 18 more cases and some evidence of secret detention in the remaining 18 cases. In September 2006, President Bush acknowledged the CIA had interrogated dozens of suspects at secret CIA prisons and said 14 of those were later sent to Guantanamo Bay (see September 6, 2006). At that time it was announced that there were no prisoners remaining in custody in US secret facilities (see September 2-3, 2006). However, the groups claim that in April 2007 a prisoner named Abd al-Hadi al-Iraqi was transferred from CIA custody to Guantanamo, demonstrating the system is still operating (see Autumn 2006-Late April 2007). The groups also claim that in September 2002 the US held the two children of Khalid Shaikh Mohammed (KSM), then aged seven and nine, in an adult detention center. KSM was later captured and is now held at Guantanamo; it is unknown what happened to his children. [Reuters, 6/7/2007] Some of the more important suspects named include:
bullet Hassan Ghul, said to be an important al-Qaeda courier. In 2005, ABC News reported he was being held in a secret CIA prison (see November 2005). Apparently, the CIA transferred Ghul to Pakistani custody in 2006 so he would not have to join other prisoners sent to the Guantantamo prison (see (Mid-2006)), and Pakistan released him in 2007, allowing him to rejoin al-Qaeda (see (Mid-2007)).
bullet Ibn al-Shaykh al-Libi, a high-ranking al-Qaeda leader. The same ABC News report also mentioned him. Al-Libi was secretly transferred to Libya around 2006 (see Between November 2005 and September 2006) and will die there in 2009 under mysterious circumstances (see (May 10, 2009)).
bullet Mohammed Omar Abdul-Rahman, a son of the Blind Sheikh, Sheikh Omar Abdul-Rahman. The same ABC News report also mentioned him. He was reportedly captured in Pakistan in 2003 (see February 13, 2003).
bullet Ali Abd al-Rahman al-Faqasi al-Ghamdi, a.k.a. Abu Bakr al Azdi. He is said to be a candidate 9/11 hijacker who was held back for another operation. In 2004, the 9/11 Commission reported he was in US custody.
bullet Suleiman Abdalla Salim Hemed. Wanted for involvement in the 1998 African embassy bombings, he was reportedly captured in Somalia in March 2003. Witnesses claim to have seen him in two secret US prisons in 2004.
bullet Yassir al-Jazeeri. Said to be a high-ranking al-Qaeda leader, he was reportedly captured in Pakistan in March 2003. Witnesses later saw him in a secret CIA prison (see March 15, 2003).
bullet Musaad Aruchi, a nephew of Khalid Shaikh Mohammed. He was reported captured in Pakistan in June 2004 and then taken into CIA custody (see June 12, 2004).
bullet Sheikh Ahmed Salim Swedan. Wanted for a role in the African embassy bombings, there were various reports he was captured in Pakistan in 2002 and taken into US custody (see July 11, 2002). However, it appears these reports are false, because he will allegedly be killed in Pakistan in 2009 (see January 1, 2009).
bullet Anas al-Liby, also wanted for a role in the African embassy bombings. He was reportedly captured in 2002 (see January 20, 2002- March 20, 2002) and it is suspected the US has handed him over to Egypt. [Human Rights Watch, 6/7/2007]

Entity Tags: Pacha Wazir, Sheikh Ahmed Salim Swedan, Suleiman Abdalla Salim Hemed, Yassir al-Jazeeri, Ibn al-Shaykh al-Libi, Human Rights Watch, Abd al-Hadi al-Iraqi, Ali Abd al-Rahman al-Faqasi al-Ghamdi, Amnesty International, Anas al-Liby, Hassan Ghul, Mohammed Omar Abdul-Rahman, Musaad Aruchi

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

Relatives of some of the victims of the 9/11 attacks call on the CIA to release a report drafted by its inspector general into some aspects of the agency’s failings before 9/11. The report was completed in 2004 (see June-November 2004), and rewritten in 2005 (see January 7, 2005), but was not then released (see October 10, 2005). The call is backed by 15,000 signatures on a petition calling for the release. The victims’ relatives, Patty Casazza, Monica Gabrielle, Mindy Kleinberg, and Lorie Van Auken, say the report “is the only major 9/11 government review that has still not been made publicly available,” and quote Newsweek journalist Michael Isikoff saying that the main reason for the report’s non-release is “a desire to protect the reputations of some of the main figures [named in the report].” [Raw Story, 6/18/2007] This coincides with efforts by lawmakers to get part of the report published (see Spring-Summer 2007) and is eventually partially successful (see August 21, 2007).

Entity Tags: Mindy Kleinberg, Lorie Van Auken, Monica Gabrielle, Office of the Inspector General (CIA), Central Intelligence Agency, Patty Casazza

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Security forces after the Sheba temple bombing.Security forces after the Sheba temple bombing. [Source: Marib Press / Associated Press]A suicide bomber drives into a convoy of Spanish tourists visiting an ancient temple in Yemen, killing eight Spaniards and two Yemenis. The attack takes place near a 3,000 year old temple dedicated to the Queen of Sheba, about 85 miles east of the capital of Sana’a. No group claims responsibility for the bombing, but less than two weeks earlier, the US embassy issued a warning for Americans to avoid the area, due to suspicions of a planned al-Qaeda attack. [Associated Press, 7/3/2007; BBC, 8/8/2007] One month later, Yemeni security forces kill some suspected al-Qaeda militants, including three men, Ali bin Ali Naser Doha, Naji Ali Jaradan, and Abdul-Aziz Saeed Jaradan, who are believed to have been involved in the bombing. One of those that is not killed is Kassem al-Raimi, an alleged top al-Qaeda operative thought to have masterminded the attack. Al-Raimi was one of many who escaped from a Yemeni prison the year before (see February 3, 2006). [BBC, 8/8/2007; Yemen Times, 8/12/2007] In several interviews after the bombing, Yemeni President Ali Abdallah Saleh will claim his government has reached a new truce with al-Qaeda. [Associated Press, 10/26/2007]

Entity Tags: Naji Ali Jaradan, Kassem al-Raimi, Ali Abdallah Saleh, Ali bin Ali Naser Doha, Abdul-Aziz Saeed Jaradan, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Justice Department official Patrick Philbin testifies in a closed session of the House Intelligence Committee on the subject of interrogation tactics. Philbin testifies that each of the 24 approved interrogation tactics used by US personnel to interrogate terrorist suspects are “plainly lawful.” He notes that laws such as the Military Extraterritorial Jurisdiction Act and the Uniform Code of Military Justice define, to an extent, what is and is not torture, and prohibit excessive interrogation methods that might come under that rubric. He also notes that the US is a signatory to the Convention Against Torture (see October 21, 1994), which defines torture broadly as the intentional infliction of “severe pain or suffering” by anyone acting in an official capacity. He insists the US has done nothing to violate this treaty, nor the War Crimes Act, the Geneva Conventions, or Fifth and the Eighth Amendments to the US Constitution. Although terrorist organizations such as al-Qaeda and “extragovernmental” organizations such as the Taliban do not fall under the protection of the Geneva Conventions, Philbin argues that the US continues to follow its guidelines in its treatment of prisoners from those groups “to the extent consistent with military necessity…” [House Intelligence Committee, 7/14/2007 pdf file] However, in 2004, a classified report by the CIA’s Inspector General concluded that some of the interrogation techniques used by the CIA probably did violate the Convention Against Torture (see May 7, 2004).

Entity Tags: War Crimes Act, US Department of Justice, Uniform Code of Military Justice, Patrick F. Philbin, Geneva Conventions, Convention Against Torture, Al-Qaeda, Taliban, House Intelligence Committee, Military Extraterritorial Jurisdiction Act

Timeline Tags: Torture of US Captives, Civil Liberties

Juma al-Dosari in Saudi Arabia after his release.Juma al-Dosari in Saudi Arabia after his release. [Source: Nancy Durham / CBC]The Defense Department releases 16 Saudis being held in Guantanamo prison and returns them to Saudi Arabia. One of them is Juma al-Dosari, a dual Bahraini/Saudi citizen, and apparently a long-time al-Qaeda operative. [Gulf Daily News, 7/17/2007]
Extensive Al-Qaeda Links - Al-Dosari was known as “the closer” for recruiting new al-Qaeda operatives, and he recruited the “Lackawanna Six” in New York State while he lived in the US from 1999 to 2001. According to his 2006 Guantanamo Administrative Review Board evidence review, there is a long list of evidence tying him to al-Qaeda since he was 16-years old in 1989, just one year after al-Qaeda was founded. He fought with militants in Bosnia, Chechnya, and Tajikistan. He was arrested in Kuwait and then again in Saudi Arabia for suspected involvement in the 1996 Khobar Towers bombings (see June 25, 1996), but released without charge both times. An unnamed source claims he was involved in the 2000 USS Cole bombing (see October 12, 2000). He was arrested during the battle of Tora Bora, Afghanistan, in late 2001, and then sent to Guantanamo. US intelligence intercepted communications between him and Osama bin Laden’s son Saad bin Laden, and also him and al-Qaeda leader Khallad bin Attash (see November 2001-May 2002). [PBS Frontline, 10/16/2003; PBS Frontline, 10/16/2003; US Department of Defense, 9/13/2006 pdf file]
Release Unnoticed, Unexplained - Al-Dosari’s 2007 release goes almost entirely unnoticed by the US media, despite previous articles and books discussing his recruitment of the “Lackawanna Six.” In June 2008, retired FBI agent Peter Ahearn will comment to the Buffalo News that he is baffled that the US government never criminally prosecuted al-Dosari, and then released him. “We felt strongly that we could try him in Buffalo on criminal charges, but the Justice Department declined.” Ahearn is upset that al-Dosari “is walking around as a free man in Saudi Arabia.” [Buffalo News, 6/22/2008]
"Rehabilitated" in Saudi Arabia - Upon arriving in Saudi Arabia, al-Dosari is admitted into a “soft approach” government rehabilitation program designed to prevent militants from relapsing back into violent extremism (see 2007 and After). He is given a car, psychological therapy, a monthly allowance, help to find a job, and help to get married. He had attempted to commit suicide over a dozen times while in Guantanamo. In 2008, it will be reported that he is doing well in Saudi Arabia, with a new wife and a new job. He now says Osama bin Laden “used my religion and destroyed its reputation.” [Los Angeles Times, 12/21/2007; Gulf News, 2/22/2008]

Entity Tags: Peter Ahearn, Juma al-Dosari

Timeline Tags: Complete 911 Timeline

After alleged al-Qaeda leader Muhammad Rahim al-Afghani is captured in Lahore, Pakistan, by local forces in July 2007 (see July 2007), he is soon transferred to a secret CIA prison. He is held in the CIA’s secret prison system until March 14, 2008, when he is transferred to the US-run prison in Guantanamo, Cuba. [Los Angeles Times, 3/15/2008] It is not known when he is captured or handed to the CIA exactly, but a newspaper report on August 2, 2007, indicates he is already in US custody. [Asian News International, 8/2/2007]
Secret CIA Prison System Still Operational - It is also not known where he is held exactly. In September 2006, President Bush announced that the CIA’s secret prisons had been emptied, at least temporarily, and the remaining prisoners had been transferred to Guantanamo (see September 6, 2006 and September 2-3, 2006). Since then, there has only been one instance of anyone held in secret CIA custody, and that was Abd al-Hadi al-Iraqi, held by the CIA from autumn 2006 until April 2007 (see Autumn 2006-Late April 2007). Rahim’s custody indicates that the CIA prison system is still being used, although Rahim may be the only prisoner held in it at this time. [Los Angeles Times, 3/15/2008]
Is Rahim Interrogated Using Legally Questionable Methods? - In August and November 2007, an unnamed prisoner in a secret CIA prison is forced to stay awake for up to six days straight. This is almost certainly Rahim. The US State Department considers this treatment torture when other countries do it (see August and November 2007).

Entity Tags: Muhammad Rahim al-Afghani, Al-Qaeda, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Former 9/11 Commission staffer Barbara Grewe is hired by the MITRE Corporation. Grewe was a key investigator on the Commission and on the Justice Department inspector general’s investigation of 9/11, where she had focused on FBI and CIA failures (see Between December 2002 and May 2003 and Late 2003). [Bellvue University, 8/9/2007; Center for American Progress Action Fund, 4/16/2008] The MITRE Corporation is closely linked to the CIA and other government agencies. For example, in December 2000 CIA Director George Tenet awarded the Intelligence Community Seal Medallion to Allan McClure of the MITRE Corporation for his help developing software and hardware to facilitate the exchange of information. [MITRE, 12/6/2000] After leaving the Commission, Grewe had worked as an associate general counsel at the Government Accountability Office (GAO). [Florida Atlantic University, 1/2005; National Security Law Report, 8/2005 pdf file; Center for American Progress Action Fund, 4/16/2008] There she supervised the GAO’s work related to the 9/11 Commission’s recommendations. [University of Michigan Law School, 3/7/2005; University Record Online, 3/14/2005] It is unclear exactly when she moves from the GAO to MITRE, but it must happen some time before August 2007. [Bellvue University, 8/9/2007] At MITRE, Grewe is a senior policy administrator and advises on information sharing issues regarding the intelligence community, the federal government, and local partners. [Bellvue University, 8/9/2007; Center for American Progress Action Fund, 4/16/2008] According to a MITRE press release, she also works as a “principal multi-discipline systems engineer.” [MITRE, 4/2008]

Entity Tags: Barbara Grewe, MITRE Corporation

Timeline Tags: Complete 911 Timeline

Congressional legislation forces the CIA to declassify and release the executive summary of its inspector general’s report into some of its pre-9/11 failings. The legislation follows a long campaign by senators (see Spring-Summer 2007) and victims’ relatives (see June 18, 2007), and orders the CIA to release the summary within 30 days, together with a classified annex for Congress explaining the report’s redactions. The report was completed in 2004 (see June-November 2004), and rewritten in 2005 (see January 7, 2005), but was then not released (see October 10, 2005). Senator Ron Wyden (D-OR) says, “All I can say is that it’s an extraordinarily important, independent assessment, written with a specific purpose to learn how we can improve our security.” Senator Kit Bond (R-MI) points out that “this should have been declassified a long time ago.” [The Hill, 8/8/2007] The report is released two weeks later (see August 21, 2007).

Entity Tags: Ron Wyden, Christopher (“Kit”) Bond, Central Intelligence Agency, Office of the Inspector General (CIA)

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A redacted summary of a report by the CIA’s inspector general into some aspects of the agency’s pre-9/11 performance is released. The report’s main points are:
bullet No CIA employees violated the law or were guilty of misconduct in the run-up to 9/11;
bullet However, some officials did not perform their duties in a satisfactory manner. The report recommended accountability boards be convened to review their performance, but former CIA Director Porter Goss decided against this recommendation in 2005 (see October 10, 2005);
bullet There was no “silver bullet” that could have prevented 9/11, but if officers had performed satisfactorily, they would have had a better chance of stopping the attacks;
bullet The CIA had no comprehensive strategy to combat al-Qaeda before 9/11 (see After December 4, 1998 and Between Mid-December 2002 and June 2004);
bullet Management of counterterrorism funds was poor (see 1997-2001);
bullet Arguments between the CIA and NSA negatively impacted counterterrorism efforts (see December 1996, Late August 1998, and 2000);
bullet Alleged 9/11 mastermind Khalid Shaikh Mohammed was well-known to the CIA before 9/11, but his case was badly handled (see 1997 or After);
bullet There were numerous failures related to the CIA’s monitoring of al-Qaeda’s Malaysia summit (see Mid-January-March 2000, 9:30 a.m. - 4:00 p.m. January 5, 2000, Mid-July 2004, (After January 6, 2000), and March 5, 2000);
bullet The CIA also missed “several additional opportunities” to watchlist Pentagon hijackers Khalid Almihdhar and Nawaf Alhazmi (see January 8, 2000 and August 23, 2001). Such watchlisting could have led to them being denied entry, or being placed under surveillance in the US;
bullet The CIA was confused about whether it was authorized to assassinate Osama bin Laden or not (see Mid-August 1998, December 24, 1998, December 26, 1998 and After, February 1999, February 1999, and December 1999);
bullet There were various problems with assets and operations linked to foreign services. [Central Intelligence Agency, 6/2005 pdf file]
The media picks various angles in commenting on the report (see August 21, 2007), which is criticized by current CIA Director Michael Hayden (see August 21, 2007) and former Director George Tenet (see August 21, 2007).

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Laurie Mylroie, a neoconservative author whose theories that Saddam Hussein was responsible for the 1993 World Trade Center bombing (see October 2000) and the 9/11 attacks (see September 12, 2001 and July 2003) have been repeatedly discredited (see February 2003, July 9, 2003, and December 2003), produces a report on Iraq for the Pentagon. Reporter Justin Elliott, learning about Mylroie’s position with the Defense Department in 2009, cites Mylroie as an example of “neoconservatives… falling upward,” or “repeatedly getting important things wrong and… being handed new opportunities to pursue their work.” Mylroie’s report, “Saddam’s Foreign Intelligence Service,” follows her February 2007 study entitled “Saddam’s Strategic Concepts: Dealing With UNSCOM.” Both were produced for the Pentagon’s Office of Net Assessment [ONA], which the Washington Post has described as an “obscure but highly influential” bureau within the department. In 2009, Jacob Heilbrunn, who has written a book about neoconservatives, will say: “It’s kind of astonishing that the ONA would come even within a mile of her. I think she is completely discredited.” The New America Foundation’s Steve Clemons will add: “I’m shocked. If this came out in 2007, she was presumably working on it in 2006, and, by that time, the fate and fortunes of a lot of these people was already switching.” Heilbrunn will explain why Mylroie’s opinions are so sought after within the Pentagon, even though she has been roundly discredited: “She was one of the original fermenters of the idea that Saddam Hussein had these intimate ties with al-Qaeda.” A Defense Department spokesperson will explain Mylroie’s selection as an ONA researcher by saying, “All aspects of researchers and research institutions are considered, with an emphasis on obtaining the widest range of possible intellectual approaches in order to provide a fully balanced approach to the analysis of future developments.” As for her work with ONA, the Defense Department says, “These reports were part of a multi-scope research effort to identify the widest possible range of analysts whose expertise was likely to generate insights and concepts which would contribute to Net Assessments’ ongoing work to develop and refine trends, risks, and opportunities which will shape future (2020) national security environments.” [TPM Muckraker, 1/29/2009]

Entity Tags: Justin Elliott, Jacob Heilbrunn, US Department of Defense, Steve Clemons, Office Of Net Assessment, Laurie Mylroie

Timeline Tags: Neoconservative Influence

CIA Director Michael Hayden orders an unusual internal investigation of the agency’s Office of the Inspector General (OIG), the press will later learn. The OIG, led by Inspector General John Helgerson, has conducted aggressive investigations of the CIA’s detention and interrogation programs (see May 7, 2004). Current and former government officials say that Hayden’s probe has created anxiety and anger in the OIG, and has sparked questions in Congress of possible conflicts of interest. The review is focusing on complaints that the OIG has not been, as the New York Times reports, a “fair and impartial judge of agency operations,” but instead has “begun a crusade against those who have participated in controversial detention programs.” Some current and former officials say that such a probe threatens to undermine the independence of the office. Former CIA Inspector General Frederick Hitz, who served from 1990 through 1998, says any move by Hayden to conduct a probe into the OIG would “not be proper.” Hitz calls it “a terrible idea,” and adds: “Under the statute, the inspector general has the right to investigate the director. How can you do that and have the director turn around and investigate the IG?” A CIA spokesman says Hayden’s only motive is “to help this office, like any office at the agency, do its vital work even better.” The investigation is being overseen by Robert Deitz, a trusted aide to Hayden who served with him when he ran the National Security Agency. Another member of the investigating group is Associate Deputy Director Michael Morrell. Under the law, the proper procedure for Hayden would be to file complaints with the Integrity Committee of the President’s Council on Integrity and Efficiency, which oversees all the inspectors general, or to go directly to the White House. For an internal inquiry to be launched against an agency’s OIG by the agency head violates the independence and the position of the OIG. Critics say that the timing of Hayden’s investigation is more than coincidental, as Helgerson’s office is readying a number of reports on CIA detention, interrogation, and rendition practices. [New York Times, 10/11/2007]

Entity Tags: John Helgerson, Central Intelligence Agency, Bush administration (43), Frederick Hitz, President’s Council on Integrity and Efficiency, Robert Deitz, Michael Morrell, Michael Hayden, Office of the Inspector General (CIA), New York Times

Timeline Tags: Torture of US Captives

Jamal al-Badawi in a Yemeni prison in 2005.Jamal al-Badawi in a Yemeni prison in 2005. [Source: Associated Press / Muhammed Al Qadhi]Al-Qaeda operative Jamal al-Badawi, considered one of the main planners of the USS Cole bombing (see October 12, 2000), turns himself in to Yemeni authorities on October 17, 2007. He had escaped a Yemeni prison the year before and had been sentenced to death in Yemen for his role in the bombing (see February 3, 2006). But on October 26, Yemeni authorities release him again in return for a pledge not to engage in any violent or al-Qaeda-related activity. Yemen often lets militants go free if they pledge not to attack within Yemen (see 2002 and After). The US has issued a $5 million reward for al-Badawi’s capture, but the Yemeni government refuses to extradite him. US officials are furious about the release, which is particularly galling because it comes just two days after President Bush’s top counterterrorism adviser Frances Townsend visits Yemen and praises the Yemeni government for their cooperation in fighting terrorism. The US had also just announced $20 million in new aid for Yemen, but threatens to cancel the aid due to al-Badawi’s release. Al-Badawi is put back in prison on October 29 and the aid program goes forward. However, US officials are dubious about al-Badawis’ real status. One official who visits him in prison gets the impression he was put in a prison cell just in time for the visit. [Newsweek, 10/27/2007; Newsweek, 10/31/2007; New York Times, 1/28/2008] In December 2007, a Yemeni newspaper reports that al-Badawi has again been seen roaming free in public. One source close to the Cole investigation will tell the Washington Post in 2008 that there is evidence that al-Badawi is still allowed to come and go from his prison cell. US officials have demanded to be able to conduct random inspections to make sure he stays in his cell, but apparently the Yemeni government has refused the demand. [Washington Post, 5/4/2008]

Entity Tags: Jamal al-Badawi, Frances Townsend

Timeline Tags: Complete 911 Timeline

Saudi Arabia’s national security adviser Prince Bandar bin Sultan says that before 9/11 the Saudi government was “actively following” most of the 19 hijackers “with precision.” Prince Bandar, formerly Saudi ambassador to the US, also says that the information Saudi Arabia had may have been sufficient to prevent 9/11: “If US security authorities had engaged their Saudi counterparts in a serious and credible manner, in my opinion, we would have avoided what happened.” A US official says that the statement made by Prince Bandar should be taken with a grain of salt. [CNN, 11/2/2007] Saudi officials had previously said that they watchlisted two of the Saudi hijackers, Nawaf Alhazmi and Khalid Almihdhar, in the late 1990s (see 1997 and Late 1999) and their interest in Nawaf Alhazmi may have led them to his brother, Salem. All three of these hijackers were also tracked by the US before 9/11 (see Early 1999, January 5-8, 2000, Early 2000-Summer 2001 and 9:53 p.m. September 11, 2001).
Saudi Tracking - Almost a year after Prince Bandar makes this claim, author James Bamford will offer information corroborating it. Bamford will write that Saudi officials placed an indicator in some of the hijackers’ passports and then used the indicator to track them. The Saudis did this because they thought the hijackers were Islamist radicals and wanted to keep an eye on their movements. [Bamford, 2008, pp. 58-59] Details of the tracking by the Saudis are sketchy and there is no full list of the hijackers tracked in this manner. According to the 9/11 Commission, Almihdhar and the Alhazmi brothers had indicators of Islamist extremism in their passports. [9/11 Commission, 8/21/2004, pp. 33 pdf file] Two other hijackers may also have had the same indicator. [9/11 Commission, 7/24/2004, pp. 564]
The three who had the indicator are: -
bullet Nawaf Alhazmi, who obtained a passport containing an indicator in the spring of 1999 (see March 21, 1999), and then left Saudi Arabia (see After Early April 1999).
bullet Khalid Almihdhar, who obtained passports containing an indicator in the spring of 1999 and June 2001 (see April 6, 1999 and June 1, 2001), and then repeatedly entered and left Saudi Arabia (see After Early April 1999, Late 2000-February 2001, May 26, 2001, and July 4, 2001).
bullet Salem Alhazmi, who obtained passports containing an indicator in the spring of 1999 and June 2001 (see April 4, 1999 and June 16, 2001), and then repeatedly entered and left Saudi Arabia (see After Early April 1999, November 2000, June 13, 2001, and (Between June 20 and June 29, 2001)).
The two who may also have had the indicator are: -
bullet Ahmed Alhaznawi, who obtained a passport possibly containing an indicator before mid-November 2000 (see Before November 12, 2000) and then repeatedly entered and left Saudi Arabia (see After November 12, 2000, (Between May 7 and June 1, 2001), and June 1, 2001).
bullet Ahmed Alnami, who obtained passports possibly containing an indicator in late 2000 and spring 2001 (see November 6, 1999 and April 21, 2001) and then repeatedly entered and left Saudi Arabia (see Mid-November, 2000 and May 13, 2001).
What the indicator actually looks like in the passports is not known.

Entity Tags: Bandar bin Sultan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

John Kiriakou.John Kiriakou. [Source: ABC News]Former CIA officer John Kiriakou gives the first of several media interviews around this time about the agency’s use of waterboarding and torture, to ABC. In this interview and others Kiriakou, who led the team that captured militant training camp facilitator Abu Zubaida (see March 28, 2002), makes several points:
bullet Zubaida was waterboarded. This is the first official on-the-record acknowledgment by any CIA official that the controversial technique that simulates drowning was used.
bullet Zubaida was only waterboarded once, for about 30 to 35 seconds. (This is untrue. Zubaida was actually waterboarded at least 83 times—see April 18, 2009.)
bullet After the waterboarding, Zubaida became co-operative; he had previously been uncooperative. (This is also allegedly untrue—see June 2002.) Kiriakou says, “The threat information that he provided disrupted a number of attacks, maybe dozens of attacks.” Kiriakou thinks the attacks were not to be on US soil, but overseas, although he is not sure. Waterboarding and the other techniques were used because of a sense of urgency. “Those tricks of the trade require a great deal of time—much of the time—and we didn’t have that luxury. We were afraid that there was another major attack coming.”
bullet Use of the CIA’s enhanced interrogation techniques is tightly controlled in the agency. Each application of a technique had to be specifically approved by the deputy director for operations.
bullet Kiriakou implies that waterboarding is torture and should remain banned now, but the circumstances of the time warranted its use. He believes that waterboarding both compromised American principles and saved lives. “Like a lot of Americans, I’m involved in this internal, intellectual battle with myself weighing the idea that waterboarding may be torture versus the quality of information that we often get after using the waterboarding technique,” he says. “And I struggle with it.”
Although he was personally involved in Zubaida’s capture, Kiriakou was not present at the interrogations and only learned about them at CIA headquarters. [ABC News, 12/10/2007; ABC News, 12/10/2007 pdf file; ABC News, 12/10/2009 pdf file] Over the next few days, Kiriakou gives a number interviews to other media outlets with basically the same information. The New York Times will call the series of interviews a “media blitz.” [New York Times, 12/11/2007; New York Times, 4/28/2009] The media he speaks to include the Washington Post, the New York Times, National Public Radio, CBS, CNN, and MSNBC (see December 11, 2007). A CNN anchor even calls him “the man of the hour.” [New York Times, 4/28/2009] Kiriakou garners praise for his poise in front of the camera. For example, Harper’s journalist Scott Horton will call him “telegenic,” whereas Foreign Policy magazine commentator Annie Lowery will opt for “telegenic and well spoken.” [Harpers, 12/21/2007; Foreign Policy, 4/28/2009]

Entity Tags: Central Intelligence Agency, Scott Horton, Abu Zubaida, John Kiriakou, Annie Lowery

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

The CIA videotapes destruction scandal reopens a debate about the usefulness of torturing al-Qaeda leader Abu Zubaida. The FBI briefly used rapport-building techniques on Zubaida before the CIA took over and tortured him. On December 10, 2007, several days after the public disclosure that the videotapes of the CIA’s interrogation of Zubaida were destroyed, former CIA officer John Kiriakou admitted that Zubaida was tortured by the use of waterboarding (see December 10, 2007). Kiriakou claimed that waterboarding was so effective that Zubaida completely broke after just one session of waterboarding lasting 35 seconds. [ABC News, 12/10/2007] This claim became a frequently used media talking point. However, on December 18, the Washington Post presents a contrary account, stating, “There is little dispute, according to officials from both agencies, that Abu Zubaida provided some valuable intelligence before CIA interrogators began to rough him up, including information that helped identify Khalid Shaikh Mohammed, the alleged mastermind of the Sept. 11 attacks, and al-Qaeda operative Jose Padilla” (see Late March through Early June, 2002). The Post notes that Kiriakou helped capture Zubaida but was not present at any of his interrogations. Furthermore, “other former and current officials” disagree with Kiriakou’s claim “that Abu Zubaida’s cooperation came quickly under harsh interrogation or that it was the result of a single waterboarding session. Instead, these officials said, harsh tactics used on him at a secret detention facility in Thailand went on for weeks or, depending on the account, even months.” [Washington Post, 12/18/2007] The most in-depth previous media accounts suggesed that the FBI interrogation of Zubaida was getting good intelligence while the CIA torture of him resulted in very dubious intelligence (see Mid-April-May 2002 and June 2002).

Entity Tags: John Kiriakou, Federal Bureau of Investigation, Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The Defense Department announces that it is bringing death penalty charges against six high-value enemy detainees currently being held at the Guantanamo Bay detention camp. The six, all charged with involvement in the 9/11 attacks, will be tried under the much-criticized military tribunal system (see October 17, 2006) implemented by the Bush administration. They are:
bullet Khalid Shaikh Mohammed, a Pakistani who claims responsibility for 31 terrorist attacks and plots, is believed to have masterminded the 9/11 attacks, and claims he beheaded Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Mohammed was subjected to harsh interrogation tactics by the CIA, including waterboarding.
bullet Ali Adbul Aziz Ali, Mohammed’s nephew and cousin of jailed Islamist terrorist Ramzi Yousef. He is accused of facilitating the attacks by sending $120,000 to US-based terrorists, and helping nine of the hijackers enter the US.
bullet Ramzi Bin al-Shibh, accused of being a link between al-Qaeda and the 9/11 hijackers. Bin al-Shibh is accused of helping some of the hijackers obtain flight training.
bullet Khallad bin Attash, who has admitted planning the attack on the USS Cole (see October 12, 2000) and is accused of running an al-Qaeda training camp in Afghanistan. He claims to have helped in the bombing of the US embassy in Kenya (see 10:35-10:39 a.m., August 7, 1998).
bullet Mustafa Ahmad al-Hawsawi, accused of being a financier of the 9/11 attacks, providing the hijackers with cash, clothing, credit cards, and traveller’s checks.
bullet Mohamed al-Khatani, another man accused of being a “20th hijacker;” al-Khatani was stopped by immigration officials at Orlando Airport while trying to enter the US. He was captured in Afghanistan.
Many experts see the trials as part of an election-year effort by the Bush administration to demonstrate its commitment to fighting terrorism, and many predict a surge of anti-American sentiment in the Middle East and throughout the Islamic world. Some believe that the Bush administration is using the trials to enhance the political fortunes of Republican presidential candidate John McCain, who has made the US battle against al-Qaeda a centerpiece of his campaign. “What we are looking at is a series of show trials by the Bush administration that are really devoid of any due process considerations,” says Vincent Warren, the executive director head of the Center for Constitutional Rights, which represents many Guantanamo detainees. “Rather than playing politics the Bush administration should be seeking speedy and fair trials. These are trials that are going to be based on torture as confessions as well as secret evidence. There is no way that this can be said to be fair especially as the death penalty could be an outcome.”
Treatment of Detainees an Issue - While the involvement of the six detainees in the 9/11 attacks is hardly disputed, many questions surround their treatment at Guantanamo and various secret “black sites” used to house and interrogate terror suspects out of the public eye. Questions are being raised about the decision to try the six men concurrently instead of separately, about the decision to seek the death penalty, and, most controversially, the admissibility of information and evidence against the six that may have been gathered by the use of torture.
Details of Forthcoming Tribunals - While the charges are being announced now, Brigadier General Thomas Hartmann, the Pentagon official supervising the case, acknowledges that it could be months before the cases actually begin, and years before any possible executions would be carried out. Hartmann promises the trials will be “as completely open as possible,” with lawyers and journalists present in the courtroom unless classified information is being presented. Additionally, the six defendants will be considered innocent until proven guilty, and the defendants’ lawyers will be given “every stitch of evidence” against their clients.
'Kangaroo Court' - British lawyer Clive Stafford Smith, who has worked with “enemy combatants” at Guantanamo, believes nothing of what Hartmann says. The procedures are little more than a “kangaroo court,” Stafford Smith says, and adds, “Anyone can see the hypocrisy of espousing human rights, then trampling on them.” Despite Hartmann’s assurances, it is anything but clear just what rights the six defendants will actually have. [Independent, 2/12/2008] The charges against al-Khahtani are dropped several months later (see May 13, 2008).

Entity Tags: Vincent Warren, US Department of Defense, Khallad bin Attash, Daniel Pearl, Clive Stafford Smith, John McCain, Mohamed al-Khatani, Khalid Shaikh Mohammed, Thomas Hartmann, Center for Constitutional Rights, Ramzi Yousef, Ramzi bin al-Shibh, Bush administration (43), Mustafa Ahmed al-Hawsawi, Ali Abdul Aziz Ali, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Jaber Elbaneh’s appearance in court.Jaber Elbaneh’s appearance in court. [Source: Associated Press / Mohammed al-Qadhi.]Jaber Elbaneh, an Islamist militant wanted by the US, comes out of hiding to appear in court in Yemen, but is not arrested. Elbaneh, a US citizen and whose family came from Yemen, had lived in Lackawanna, New York, before the 9/11 attacks. He went to Afghanistan to train at an al-Qaeda training camp along with about six other men from Lackawanna, but while the others dropped out and returned to the US, Elbaneh never returned (see April-August 2001). He moved to Yemen. The Yemeni government says he also helped plan the 2002 attack on the oil tanker Limburg off Yemen’s coast (see October 6, 2002). He was arrested there in 2004 after being charged in the US for attending the training camp. He was sentenced to ten years in prison, but in February 2006, he and 22 other suspected al-Qaeda operatives escaped from a high-security Yemeni prison (see February 3, 2006). The US offered $5 million for information leading to his arrest. Elbaneh was then implicated in a September 2006 bombing in Yemen that took place several days before national elections (see September 15, 2006). Some suggest the bombers may have colluded with the government to use the bombing to successfully help Yemeni President Ali Abdallah Saleh win reelection. Elbaneh was convicted, but allowed to stay at home under a loose form of house arrest. Given the outstanding $5 million reward for him, Elbaneh appears to surprise everyone by appearing in court where his conviction in the 2006 bombing was being appealed. Furthermore, he gives a speech proclaiming his innocence. He says that after his prison escape, he surrendered directly to President Saleh in May 2007, who absolved him of any jail time. The New York Times comments: “Perhaps the greatest mystery surrounding [Elbaneh] is his decision to appear in court… The Yemeni government has generally instructed the jihadists with whom it arranges amnesty to avoid the news media and keep low profiles. But Mr. Elbaneh deliberately spoke out in a public setting, with journalists present, and named the president in his brief tirade.” [Reuters, 2/27/2008; New York Times, 3/1/2008]

Entity Tags: Jaber Elbaneh, Ali Abdallah Saleh

Timeline Tags: Complete 911 Timeline

CIA Director Michael Hayden and his top aides are told about one aspect of an agency program to capture and assassinate al-Qaeda leaders. The program was proposed in the wake of the 9/11 attacks and has been under development at the agency for years, although it has not yet become operational (see Shortly After September 17, 2001). Details of what Hayden is told are unclear, although he is told about plans that involve gathering sensitive information in a foreign country. Hayden orders that the operation be scaled back and that Congress be notified if the plans become more fully developed. However, Congress is not informed before Hayden’s successor cancels the program (see June 23, 2009). [New York Times, 7/14/2009]

Entity Tags: Central Intelligence Agency, Michael Hayden

Timeline Tags: Complete 911 Timeline

Alleged al-Qaeda leader Muhammad Rahim al-Afghani is transferred to the US-run prison in Guantanamo, Cuba, and officially declared a “high value” prisoner. Rahim was captured in Lahore, Pakistan, by local forces in July 2007 (see July 2007) and then was held in a secret CIA prison until his transfer to Guantanamo (see Late July 2007-March 14, 2008).
Why Is Rahim Considered Important? - Rahim is just the 16th person the US government has declared a “high value” prisoner. Fourteen prisoners were given that label when they were transferred from secret CIA prisons to Guantanamo in September 2006 (see September 6, 2006 and September 2-3, 2006). The 15th was Abd al-Hadi al-Iraqi, who was held by the CIA in autumn 2006 and sent to Guantanamo in April 2007 (see Autumn 2006-Late April 2007). [Los Angeles Times, 3/15/2008] Although there had been reports in Pakistan about Rahim shortly after his arrest, virtually nothing was known about him until his transfer to Guantanamo. [Asian News International, 8/2/2007] He may have experienced extreme sleep deprivation during CIA interrogations (see August and November 2007).
Hayden's Memo - There still are no published photographs of him. At the same time Rahim is sent to Guantanamo, CIA Director Michael Hayden issues a memo to CIA employees explaining Rahim’s alleged importance. Hayden calls Rahim a “tough, seasoned jihadist” with “high-level contacts,” and claims his arrest “was a blow to more than one terrorist network. He gave aid to al-Qaeda, the Taliban, and other anti-coalition militants.” According to Hayden, Rahim sought chemicals for an attack on US forces in Afghanistan and tried to recruit people who had access to US military facilities there. He helped prepare Tora Bora as a hideout in 2001, and then helped al-Qaeda operatives flee the area when US forces overran it in late 2001. But perhaps most importantly, Rahim had become one of Osama bin Laden’s most trusted facilitators and translators in the years prior to Rahim’s arrest. [Los Angeles Times, 3/15/2008; New York Times, 3/15/2008]

Entity Tags: Muhammad Rahim al-Afghani, Al-Qaeda, Abd al-Hadi al-Iraqi, Central Intelligence Agency, Osama bin Laden, Michael Hayden

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Attorney General Michael Mukasey makes an apparent reference to the intercepts of the 9/11 hijackers’ calls by the NSA before the attacks in a speech pleading for extra surveillance powers. Mukasey says: “[Officials] shouldn’t need a warrant when somebody with a phone in Iraq picks up a phone and calls somebody in the United States because that’s the call that we may really want to know about. And before 9/11, that’s the call that we didn’t know about. We knew that there has been a call from someplace that was known to be a safe house in Afghanistan and we knew that it came to the United States. We didn’t know precisely where it went.” [FORA(.tv), 3/27/2008; New York Sun, 3/28/2008] According to a Justice Department response to a query about the speech, this appears to be a reference to the Yemen hub, an al-Qaeda communications facility previously alluded to by Mukasey in a similar context (see February 22, 2008). [Salon, 4/4/2008] However, the hub was in Yemen, not Afghanistan and, although it acted as a safe house, it was primarily a communications hub (see Early 2000-Summer 2001). In addition, the NSA did not intercept one call between it and the 9/11 hijackers in the US, but several, involving both Khalid Almihdhar and Nawaf Alhazmi, not just one of the hijackers (see Spring-Summer 2000, Mid-October 2000-Summer 2001, and (August 2001)). Nevertheless, the NSA failed to inform the FBI the hub was calling the US (see (Spring 2000)). (Note: it is possible Mukasey is not talking about the Yemen hub in this speech, but some other intercept genuinely from an al-Qaeda safe house in Afghanistan—for example a call between lead hijacker Mohamed Atta in the US and alleged 9/11 mastermind Khalid Shaikh Mohammed, who may have been in Afghanistan when such call was intercepted by the NSA (see Summer 2001 and September 10, 2001). However, several administration officials have made references similar to Mukasey’s about the Yemen hub since the NSA’s warrantless wiretapping program was revealed (see December 17, 2005).)

Entity Tags: Michael Mukasey

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

A front-page Washington Post story reveals that, eight years after al-Qaeda bombed the USS Cole just off the coast of Yemen and killed 17 US soldiers (see October 12, 2000), “all the defendants convicted in the attack have escaped from prison or been freed by Yemeni officials.”
Two Key Suspects Keep Slipping from Yemeni Prisons - For instance, Jamal al-Badawi, a Yemeni and key organizer of the bombing, broke out of Yemeni prisons twice and then was secretly released in 2007 (see April 11, 2003-March 2004, February 3, 2006 and October 17-29, 2007). The Yemeni government jailed him again after the US threatened to cut aid to the country, but apparently he continues to freely come and go from his prison cell. US officials have demanded the right to perform random inspections to make sure he stays jailed. Another key Cole suspect, Fahad al-Quso, also escaped from a Yemeni prison and then was secretly released in 2007 (see May 2007). Yemen has refused to extradite al-Badawi and al-Quso to the US, where they have been indicted for the Cole bombing. FBI Director Robert Mueller flew to Yemen in April 2008 to personally appeal to Yemeni President Ali Abdallah Saleh to extradite the two men. However, Saleh has refused, citing a constitutional ban on extraditing its citizens. Other Cole suspects have been freed after short prison terms in Yemen, and at least two went on to commit suicide attacks in Iraq.
US Unwilling to Try Two Suspects in Its Custody - Two more key suspects, Khallad bin Attash and Abd al-Rahim al-Nashiri, were captured by US forces and have been transferred to the US-run Guantanamo prison. Al-Nashiri is considered the mastermind of the Cole bombing, but the US made the decision not to indict either of them because pending criminal charges could have forced the CIA or the Pentagon to give up custody of the men. Al-Quso, bin Attash, and al-Nashiri all attended a key 2000 al-Qaeda summit in Malaysia where the 9/11 attacks were discussed (see January 5-8, 2000).
'The Forgotten Attack' - A week after the Cole bombing, President Bill Clinton vowed to hunt down the plotters and promised, “Justice will prevail.” But less than a month after the bombing, George W. Bush was elected president. Roger Cressey, a former counterterrorism official in the Clinton and Bush administrations who helped oversee the White House’s response to the Cole bombing, says, “During the first part of the Bush administration, no one was willing to take ownership of this. It didn’t happen on their watch. It was the forgotten attack.”
'Back to Square One' - Former FBI agent Ali Soufan, a lead investigator into the bombing, complains, “After we worked day and night to bring justice to the victims and prove that these Qaeda operatives were responsible, we’re back to square one. Do they have laws over there or not? It’s really frustrating what’s happening.” The Post comments, “Basic questions remain about which individuals and countries played a role in the assault on the Cole.
Possible Government Complicity - One anonymous senior Yemeni official tells the Post that al-Badawi and other al-Qaeda members have had a long relationship with Yemen’s intelligence agencies and have targeted political opponents in the past. For instance, in 2006, an al-Qaeda suicide attack in Yemen came just days before elections there, and Saleh tried to link one of the figures involved to the opposition party, helping Saleh win reelection (see September 15, 2006). Furthermore, there is evidence that figures within the Yemeni government were involved in the Cole bombing (see After October 12, 2000), and that the government also protected key bombers such as al-Nashiri in the months before and after the bombings (see April 2000 and Shortly After October 12, 2000).
Bush Unwilling to Meet with Victims' Relatives - Relatives of the soldiers killed in the bombing have attempted to meet with President Bush to press for more action, to no avail. John P. Clodtfelter Jr., whose son died on the Cole, says, “I was just flat told that he wouldn’t meet with us. Before him, President Clinton promised we’d go out and get these people, and of course we never did. I’m sorry, but it’s just like the lives of American servicemen aren’t that important.” [Washington Post, 5/4/2008]

Entity Tags: John P. Clodtfelter Jr., Ali Soufan, Ali Abdallah Saleh, Abd al-Rahim al-Nashiri, Fahad al-Quso, Jamal al-Badawi, William Jefferson (“Bill”) Clinton, Yemen, Khallad bin Attash, Roger Cressey, Robert S. Mueller III, George W. Bush

Timeline Tags: Complete 911 Timeline

The US military dismisses charges against Mohammed al-Khatani. In February 2008, al-Khatani was part of a small group of detainees held at the Guantanamo prison charged before a military tribunal with involvement in the 9/11 attacks (see February 11, 2008). Al-Khatani is said to be the would-be “20th hijacker” who was refused entry to the US in August 2001 (see August 4, 2001). However, he was later captured and subjected to months of torture at Guantanamo (see August 8, 2002-January 15, 2003). The Pentagon official who announces the dismissal of charges against him, Convening Authority Susan Crawford, gives no explanation. The charges are dismissed “without prejudice,” which means they could be reinstated at any time. However, many believe that the charges against him are dismissed because of the torture he underwent, as well as the fact that he appears to have only been a unsuccessful low-level figure in the plot. [New York Times, 5/14/2008] In 2006, MSNBC predicted that he would never face trial due to the way he was tortured (see October 26, 2006). However, he still remains imprisoned at Guantanamo. In January 2009, Crawford will confirm that she dismissed the case against al-Khatani because he was indeed tortured (see January 14, 2009). She will say that the treatment suffered by al-Khatani “did shock me,” and will continue: “I was upset by it. I was embarrassed by it. If we tolerate this and allow it, then how can we object when our servicemen and women, or others in foreign service, are captured and subjected to the same techniques? How can we complain? Where is our moral authority to complain? Well, we may have lost it.” Crawford will lay much of the blame for al-Khatani being tortured at the feet of then-Defense Secretary Donald Rumsfeld. “A lot of this happened on his watch,” she will say. [Washington Post, 1/14/2009]

Entity Tags: Donald Rumsfeld, Mohamed al-Khatani, Susan Crawford

Timeline Tags: Complete 911 Timeline

The Department of Justice (DOJ) releases a long-anticipated report on the alleged torture and abuse of terrorist suspects in US custody. The report was spurred by a Congressional request after Freedom of Information Act (FOIA) requests showed that FBI agents at Guantanamo had raised concerns about CIA- and military-conducted interrogations. The report identifies then-National Security Adviser Condoleezza Rice as a recipient of complaints of torture. [American Civil Liberties Union, 5/20/2008] The report, issued by DOJ Inspector General Glenn Fine, shows that CIA officials regularly ignored DOJ warnings that the interrogation tactics they were using amounted to “borderline torture.” The report also concludes that the Defense Department is ultimately responsible for how prisoners in military custody are being treated. As a result, the report finds no reason to bring criminal complaints against CIA officials or interrogators.
'Seven Months of Foot-Dragging' - The report documents what CBS News calls “seven months of foot-dragging” by the Pentagon, which attempted to water down the report. Failing that, the report cites numerous instances where Pentagon officials attempted to redact information in the report from public view. The report is lightly redacted.
FBI Praised for Legal, Non-Coercive Interrogation Techniques - The report generally praises the FBI’s own interrogation efforts, methods, and results. It confirms that when CIA officials became impatient with what they were calling “throwaway results” by FBI interrogators, particularly in the case of Abu Zubaida (see April - June 2002), the CIA took over interrogations of prisoners such as Zubaida and began using harsh, torturous techniques. The FBI pulled its agents from the ongoing interrogations, refusing to participate in what it considered to be illegal actions (see May 13, 2004). (In 2009, a former FBI interrogator will confirm that the FBI gathered far more useful information from its non-coercive techniques than the CIA did with its “borderline torture” methods—see Late March through Early June, 2002 and April 22, 2009.) [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Witnesses to Torture - However, the report makes clear that FBI agents witnessed harsh interrogations that may have constituted torture at three locations—Baghdad’s Abu Ghraib prison, Afghanistan’s Bagram Air Force Base facility, and Guantanamo Bay. FBI agents are explicitly banned from using brutality, physical violence, intimidation, or other means of causing duress when interviewing suspects. Instead, the FBI generally tries to build a rapport with suspects to get information. “Beyond any doubt, what they are doing (and I don’t know the extent of it) would be unlawful were these enemy prisoners of war,” one FBI employee, senior FBI lawyer Spike Bowman, reported. Bowman worried that the FBI would be “tarred by the same brush,” when asked whether the FBI should refer the matter to the Defense Department Inspector General, and added, “Were I still on active duty, there is no question in my mind that it would be a duty to do so.” The report cites two FBI agents at Guantanamo who “had concerns not only about the proposed techniques but also about the glee with which the would-be [military] participants discussed their respective roles in carrying out these techniques, and the utter lack of sophistication and circus-like atmosphere within this interrogation strategy session.” [CBS News, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Blocking Access to Zubaida - CIA general counsel John Rizzo refused to let DOJ investigators interview Zubaida for the report. The CIA has admitted that Zubaida was waterboarded (see Mid-May, 2002, March 2002 and April - June 2002). The report says that the CIA’s denial of access to Zubaida was “unwarranted,” and “hampered” the investigation, and contrasts the CIA’s actions with those of the Defense Department, which allowed DOJ investigators to interview Guantanamo prisoners. Rizzo told the DOJ that Zubaida “could make false allegations against CIA employees.” [Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Split over Al-Khatani - The rift between the CIA and FBI came to a head over the treatment of Mohamed al-Khatani, one of several suspected terrorists accused of being the fabled “20th hijacker” for the 9/11 attacks (see December 2001). According to the report, al-Khatani was abused in a number of ways by military interrogators at Guantanamo; the report cites the use of attack dogs, shackling and stress positions, sexual humiliation, mocking al-Khatani’s religion, and extended sleep deprivation among other tactics. FBI officials complained to the White House after learning that military interrogators forced him to “perform dog tricks,” “be nude in front of a female,” and wear “women’s underwear on his head.” Al-Khatani did eventually “confess” (see July 2002), but FBI officials expressed serious doubts as to the validity of his confession, both in its accuracy and in its admissability in a criminal court. The then-chief of the Guantanamo facility, Major General Geoffrey Miller, ordered a “relentless” and “sustained attack” on al-Khatani. “The plan was to keep him up until he broke,” an FBI agent told superiors, and some of those superiors worried that those techniques would render his confession inadmissible. Al-Khatani was hospitalized for hypothermia during those interrogations. His lawyer, Gitanjali Gutierrez, says her client recently attempted suicide because of his treatment. “The tactics that were used against and the impact, the pain and suffering it caused him and the damage that it caused him does rise to a level of torture,” she says. The government recently dropped all charges against al-Khatani (see October 26, 2006 and January 14, 2009), because if he had been brought to trial, all of the evidence of his treatment would be made public. [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]

Entity Tags: US Department of Justice, Glenn Fine, John Rizzo, Marion (“Spike”) Bowman, Gitanjali Gutierrez, Geoffrey D. Miller, Federal Bureau of Investigation, Condoleezza Rice, Abu Zubaida, Mohamed al-Khatani, Central Intelligence Agency, US Department of Defense

Timeline Tags: Torture of US Captives

Aerial photo of Diego Garcia island.Aerial photo of Diego Garcia island. [Source: Department of Defense]British Conservative MP Andrew Tyrie, who chairs the all-party Parliamentary group on extraordinary rendition, files a formal complaint with the government’s Information Commissioner over the government’s use of the island of Diego Garcia for the rendition of US prisoners to foreign countries for interrogation and possibly torture (see After February 7, 2002 and June 2, 2008). Diego Garcia is a large atoll in the Indian Ocean under British jurisdiction, and hosts a large British-American military base (see July 27, 1971-May 26, 1973). Tyrie says he decided to make the complaint to learn if Britain was in breach of its obligations under the UN Convention Against Torture (see October 21, 1994). The British government has recently admitted that at least two US rendition planes used Diego Garcia as a refueling base in 2002 (see December 2001-January 2002). “The foreign secretary has been forced to admit that two rendition planes refueled at Diego Garcia, despite explicit US assurances to the [British] government that no such flights had taken place,” Tyrie says. “Clearly people will conclude that these assurances are worthless.… But in response to requests by me the government has twice refused to release the terms of these assurances. Their disclosure will allow for a legal assessment of whether or not [Britain] has breached its obligations under the convention against torture, both with respect to Diego Garcia and to rendition generally.” Tyrie’s complaint requests that Foreign Secretary David Milbrand name the prisoners rendered through Diego Garcia by the US. Milbrand has already apologized to Parliament about falsely claiming that no US rendition flights have ever used Diego Garcia as a refueling base; other British government officials have issued similar denials (see January 8, 2003). But Manfred Novak, the UN special investigator on torture, says that he has credible evidence that detainees were held on Diego Garcia between 2002 and 2003. Human rights attorney Clive Stafford Smith says he believes two of the detainees were Mohammed Saad Iqbal Madni (see Early January-January 9, 2002 and March 2004) and Ibn al-Shaykh al-Libi (see December 19, 2001 and January 2002 and After), though he cannot be sure since neither the US nor British governments are releasing the names of potential detainees kept at Diego Garcia. In 2007, a Council of Europe investigation into extraordinary rendition will learn that US agencies use Diego Garcia in the “processing” of “high-value detainees.” [Guardian, 6/2/2008; Guardian, 6/2/2008]

Entity Tags: Mohammed Saad Iqbal Madni, David Miliband, Manfred Novak, Andrew Tyrie, Clive Stafford Smith, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, US-Britain-Diego Garcia (1770-2004)

The Defense Department announces that it is charging al-Qaeda leader Abd al-Rahim al-Nashiri with “organizing and directing” the bombing of the USS Cole in 2000 (see October 12, 2000) and will seek the death penalty. Al-Nashiri was captured in 2002 (see Early October 2002), held and tortured in secret CIA prisons until 2006 (see (November 2002)), and then transferred to Defense Department custody at the Guantanamo prison (see September 2-3, 2006). He will be tried there in a military tribunal. Al-Nashiri told a hearing at Guantanamo in 2007 that he confessed a role in the Cole bombing, but only because he was tortured by US interrogators (see March 10-April 15, 2007). CIA Director Michael Hayden has conceded that al-Nashiri was subjected to waterboarding. [Associated Press, 6/30/2008] Khallad bin Attash, who is being held at Guantanamo with al-Nashiri and other al-Qaeda leaders, allegedly had a major role in the Cole bombing, but he is not charged. Presumably this is because he has already been charged for a role in the 9/11 attacks.

Entity Tags: Abd al-Rahim al-Nashiri, Khallad bin Attash, US Department of Defense

Timeline Tags: Complete 911 Timeline

Pages from two passports seized in the raid. Both show pictures of Fazul but have different names.Pages from two passports seized in the raid. Both show pictures of Fazul but have different names. [Source: East African Standard]An al-Qaeda leader named Fazul Abdullah Mohammed, (a.k.a. Haroun Fazul), narrowly escapes capture in Kenya. The US government claims that Fazul had important roles in the 1998 embassy bombings in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998) and the 2002 hotel bombing in Mombasa, Kenya (see November 28, 2002). Fazul was indicted for the embassy bombings before 9/11, and there is a $5 million reward for him. On August 2, 2008, Kenyan police raid a house in Malindi, a town on Kenya’s coast. Two passports bearing Fazul’s picture but different names are found, as well as his laptop computer. A Kenyan newspaper reports that a local police officer may have tipped off Fazul about the raid minutes before it took place. A half-eaten meal is discovered in the house, and the television is still on, leading police to believe that he ran out of the house just before they arrived. Three Kenyans are arrested and charged with helping to hide him. He reportedly narrowly escaped a US air strike in Somalia in 2007 (see December 24, 2006-January 2007), as well as a police raid in Kenya in 2003. [CNN, 8/4/2008; East African Standard, 8/5/2008] He will be killed in Somalia in 2011 (see June 10, 2011).

Entity Tags: Fazul Abdullah Mohammed

Timeline Tags: Complete 911 Timeline

The FBI attempts to prevent two agents who were involved in a key pre-9/11 failure from talking about it in a television interview. The agents, Doug Miller and Mark Rossini, were on loan to Alec Station, the CIA’s bin Laden unit, before 9/11. They were involved in the deliberate blocking of a cable to the FBI saying that 9/11 hijacker Khalid Almihdhar had a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000) and later, under pressure, falsely claimed not to remember anything about it when interviewed by the Justice Department’s inspector general (see (February 12, 2004)). The FBI allowed Miller and Rossini to be interviewed by author James Bamford for a book and they told him they helped block the cable on the orders of a female CIA officer known only as “Michael” and the station’s deputy chief, Tom Wilshire. However, when Bamford wants them to repeat their stories for a PBS documentary he is making, the FBI initially says yes, but then retracts its approval, saying the bureau “doesn’t want to stir up old conflicts with the CIA.” [Congressional Quarterly, 10/1/2008] However, Rossini will actually appear in the documentary, although Miller will not. [PBS, 2/3/2009]

Entity Tags: James Bamford, Mark Rossini, Doug Miller, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Malaysian government releases alleged al-Qaeda operative Yazid Sufaat. Malaysian Interior Minister Datuk Seri Syed Hamid Albar announces that Sufaat and five other detained Islamist militants are being freed because “they are no longer a threat and will no longer pose a threat to public order.” Albar adds that Sufaat “has been rehabilitated and can return to society.” Sufaat was arrested in Malaysia in December 2001 (see December 19, 2001). However, he was never tried or even charged. Malaysian law allows suspects to be held for up to two years without charge, and the two year period can be renewed multiple times. But apparently the Malaysian government decided to release him rather than put him on trial or hold him another two years.
Sufaat's History - Sufaat, a Malaysian, received a biological sciences degree in the US in the 1980s. There are allegations that he led al-Qaeda’s effort to get biological and chemical weapons until his arrest (see December 19, 2001). An important al-Qaeda summit was held in his apartment in January 2000; at least two 9/11 hijackers attended (see January 5-8, 2000). Later in 2000, Sufaat hosted al-Qaeda operative Zacarias Moussaoui, and he provided papers that helped Moussaoui get in the US (see September-October 2000).
Concern about Sufaat's Release - Sufaat is supposed to be kept under close observation. However, Newsweek reports that US counterterrorism officials have “expressed doubt that Sufaat has abandoned his radical al-Qaeda views or his desire to attack the United States with biological weapons.” One unnamed official says, “This individual is considered dangerous.” [Newsweek, 12/16/2008]

Entity Tags: Yazid Sufaat, Datuk Seri Syed Hamid Albar, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline

Five high-value detainees being held at Guantanamo tell a military tribunal they wish to plead guilty to charges related to the 9/11 attacks, but refuse to enter a guilty plea at this time. The five are alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM); Ramzi bin al-Shibh, who helped coordinate the attacks; Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi, who assisted some of the 19 hijackers in Asia; and Khallad bin Attash, who attended a meeting with two of the hijackers in January 2000 (see January 5-8, 2000). The plea is not entered at this time, because it is not yet certain bin al-Shibh and al-Hawsawi are mentally competent to stand trial, and KSM says they all want to plead together. The judge, Colonel Stephen Henley, has already ordered a probe into the two men’s mental competence. The five say that they made their decision “without being under any kind of pressure, threat, intimidations, or promise from any party,” although an investigation of potential pressure would have to be conducted before such plea could be accepted. If convicted, the five men would face the death penalty, although four of them, including KSM, have declared a desire to become martyrs. KSM also says he wants to get rid of his military lawyer, who previously served in Iraq. For the first time, the hearing is watched live in the courtroom by nine relatives of people killed in the 9/11 attacks. [BBC, 12/8/2008]

Entity Tags: Khallad bin Attash, Stephen Henley, Mustafa Ahmed al-Hawsawi, Khalid Shaikh Mohammed, Ali Abdul Aziz Ali, Ramzi bin al-Shibh

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

A CIA drone strike kills two al-Qaeda leaders, Usama al-Kini and Sheikh Ahmed Salim Swedan, in Pakistan’s tribal region. Al-Kini, a Kenyan also known as Fahid Muhammad Ally Msalam, is said to be al-Qaeda’s chief of operations in Pakistan since 2007. Swedan, also a Kenyan, is al-Kini’s long-time deputy. Both men are said to be linked to a recent series of suicide bombings in Pakistan, including a September 16 bombing of the Marriott Hotel in Islamabad that killed 53 people. Both are said to have had central roles in planning the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The FBI had a $5 million bounty for their capture. An anonymous US counterterrorism official says that al-Kini is one of the top 10 highest ranking terrorists the CIA ever killed or captured. The drone strike is said to have hit a building being used for explosives training near the town of Karikot in South Waziristan. [Washington Post, 1/9/2009]

Entity Tags: Al-Qaeda, Usama al-Kini, Sheikh Ahmed Salim Swedan, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Susan Crawford.Susan Crawford. [Source: Susan Crawford / Washington Post]The senior Bush administration official in charge of bringing Guantanamo Bay detainees to trial rules that the US military tortured a detainee, and therefore the US cannot try him. Susan Crawford, the convening authority of military commissions, says that the US tortured Mohamed al-Khatani, a Saudi national accused of planning to participate in the September 11 attacks (see August 4, 2001). Crawford says al-Khatani was interrogated with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, and which cumulatively left him in a “life-threatening condition.” Crawford says: “We tortured [al-]Khatani. His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution. Crawford is a retired judge who served as the Army’s general counsel during the Reagan administration and the Pentagon’s inspector general during the first Bush administration. She is the first senior official of the current Bush administration to publicly state that a detainee was tortured while in US custody.
Cumulative Effect Equals Torture - None of the individual techniques used against al-Khatani were torturous in and of themselves, Crawford says, but the cumulative effect—particularly their duration and the deleterious effect on al-Khatani’s health—combined to constitute torture. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” she says. “You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture. Al-Khatani has been in US custody since December 2001 (see December 2001), and was interrogated from November 2002 through January 2003 (reports of the exact dates vary—see August 8, 2002-January 15, 2003 and October 11, 2002). He was held in isolation until April 2003. “For 160 days his only contact was with the interrogators,” Crawford says. “Forty-eight of 54 consecutive days of 18-to-20-hour interrogations. Standing naked in front of a female agent. Subject to strip searches. And insults to his mother and sister.” He was threatened with a military dog named Zeus. He “was forced to wear a woman’s bra and had a thong placed on his head during the course of his interrogation,” Crawford says, and “was told that his mother and sister were whores.” With a leash tied to his chains, he was led around the room “and forced to perform a series of dog tricks,” according to reports from his interrogations. He was twice hospitalized with bradycardia, a potentially lethal condition where the heartbeat drops to abnormally low levels.
Ruling Halts Future Prosecution against al-Khatani - Crawford dismissed war crimes charges against al-Khatani in May 2008 (see May 13, 2008). In November, military prosecutors said they would refile charges against al-Khatani, based on subsequent interrogations that did not employ harsh techniques (see November 18, 2008). But Crawford says that she would not let any such prosecutions go forward. However, Crawford is not unaware of the potential danger posed by letting him go free. “There’s no doubt in my mind he would’ve been on one of those planes had he gained access to the country in August 2001,” Crawford says. “He’s a muscle hijacker.… He’s a very dangerous man. What do you do with him now if you don’t charge him and try him? I would be hesitant to say, ‘Let him go.’” Al-Khatani’s civilian lawyer, Gitanjali Gutierrez, says, “There is no doubt he was tortured.” Gutierrez says: “He has loss of concentration and memory loss, and he suffers from paranoia.… He wants just to get back to Saudi Arabia, get married and have a family.” Al-Khatani “adamantly denies he planned to join the 9/11 attack,” she adds. “He has no connections to extremists.” Gutierrez says she thinks Saudi Arabia has an effective rehabilitation program and Khatani ought to be returned there. [Washington Post, 1/14/2009; New York Times, 1/14/2009] His lawyers at the Center for Constitutional Rights describe him as a broken, suicidal man who can never be prosecuted because of his treatment at the hands of his captors. [New York Times, 1/14/2009]
Sympathetic but Unbending - Crawford, a lifelong Republican, says she sympathizes with the situation faced by the Bush administration and the CIA after the 9/11 attacks. “I sympathize with the intelligence gatherers in those days after 9/11, not knowing what was coming next and trying to gain information to keep us safe,” she acknowledges. “But there still has to be a line that we should not cross. And unfortunately what this has done, I think, has tainted everything going forward.” Noting that the 2006 Hamdan v. Rumsfeld case (see June 30, 2006) disallowed torture but allowed for “coercive interrogation techniques,” Crawford says even those techniques should not be allowed: “You don’t allow it in a regular court.” Crawford says she is not yet sure if any of the other five detainees accused of participating in the 9/11 plot, including their leader, Khalid Shaikh Mohammed, were tortured, but she believes they may have been. “I assume torture,” she says, and notes that CIA Director Michael Hayden has publicly confirmed that Mohammed was one of three detainees subjected to waterboarding, a technique classified by law as torture. Crawford has not blocked prosecution of the other five detainees. Ultimately, she says, the responsibility for the farrago of illegal detentions and torture rests with President Bush. He was right to create a system to try suspected terrorists, she says, but the implementation was fatally flawed. “I think he hurt his own effort.… I think someone should acknowledge that mistakes were made and that they hurt the effort and take responsibility for it.… We learn as children it’s easier to ask for forgiveness than it is for permission. I think the buck stops in the Oval Office.” [Washington Post, 1/14/2009]
Rules Change - Pentagon spokesman Geoff Morrell says that the Hamdan case changed the rules, and thus retroactively classified al-Khatani’s treatment as torture. “The [Defense] Department has always taken allegations of abuse seriously,” he says. “We have conducted more than a dozen investigations and reviews of our detention operations, including specifically the interrogation of Mohamed al-Khatani, the alleged 20th hijacker. They concluded the interrogation methods used at [Guantanamo], including the special techniques used on Khatani in 2002, were lawful. However, subsequent to those reviews, the Department adopted new and more restrictive policies and procedures for interrogation and detention operations. Some of the aggressive questioning techniques used on al-Khatani, although permissible at the time, are no longer allowed in the updated Army field manual.” [Washington Post, 1/14/2009]
Prosecutors Unprepared - When Crawford came to Guantanamo as convening authority in 2007, she says “the prosecution was unprepared” to bring cases to trial. Even after four years of working possible cases, “they were lacking in experience and judgment and leadership.” She continues: “A prosecutor has an ethical obligation to review all the evidence before making a charging decision. And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” It took over a year, and the intervention of Deputy Defense Secretary Gordon England, for prosecutors to turn over possibly exculpatory evidence to defense lawyers, even though the law requires that such evidence be turned over immediately. The entire system at Guantanamo is a blot on the reputation of the US and its military judicial system, she says: “There’s an assumption out there that everybody was tortured. And everybody wasn’t tortured. But unfortunately perception is reality.” The system she oversees cannot function now, she believes. “Certainly in the public’s mind, or politically speaking, and certainly in the international community” it may be forever tainted. “It may be too late.” [Washington Post, 1/14/2009]

Entity Tags: Susan Crawford, Gordon England, Gitanjali Gutierrez, George W. Bush, Geoff Morrell, Central Intelligence Agency, Khalid Shaikh Mohammed, Bush administration (43), Center for Constitutional Rights, Mohamed al-Khatani, US Department of Defense, Michael Hayden

Timeline Tags: Torture of US Captives

As one of his first official acts as president, Barack Obama orders that all military prosecutions of terrorist suspects at the Guantanamo Bay detention facility be suspended for 120 days. The order comes during the inaugural ceremonies, and is issued by Defense Secretary Robert Gates, the only Cabinet holdover from the Bush administration. “In the interests of justice, and at the direction of the president of the United States and the secretary of defense, the government respectfully requests the military commission grant a continuance of the proceedings in the above-captioned case until 20 May 2009,” the request reads. [CNN, 1/21/2009; Agence France-Presse, 1/21/2009] Obama promised repeatedly during and after the presidential campaign that he would close the detention facility at the Guantanamo Naval Base. This request does not go that far, but it does bring to a halt the planned prosecution of 21 detainees currently facing war crimes charges, including 9/11 plotter Khalid Shaikh Mohammed. Jamil Dakwar, a representative for the American Civil Liberties Union (ACLU) at the base, calls the request “a good step in the right direction.” Gabor Rona, an observer for Human Rights Watch, also calls the order “a first step.” Rona continues, “The very fact that it’s one of his first acts reflects a sense of urgency that the US cannot afford one more day of counterproductive and illegal proceedings in the fight against terrorism.” Dakwar says the ACLU believes all charges against the prisoners should be dropped. “A shutdown of this discredited system is warranted,” he says. “The president’s order leaves open the option of this discredited system remaining in existence.” Major Jon Jackson, the lawyer for one of the 9/11 defendants, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001 and September 24, 2001-December 26, 2002), says, “We welcome our new commander in chief and this first step towards restoring the rule of law.” Approximately 245 detainees are currently housed at the camp; some 60 detainees have been cleared for release, but no country has agreed to take them. [CNN, 1/21/2009; Washington Post, 1/21/2009] Michele Cercone, spokesman for the European Union Justice and Home Affairs Commission, says the commission “has been very pleased that one of the first actions of Mr. Obama has been to turn the page on this sad episode of Guantanamo.” The request is accepted the day after (see January 21, 2009), and the Los Angeles Times writes that it “may be the beginning of the end for the Bush administration’s system of trying alleged terrorists.” [Associated Press, 1/21/2009]

Entity Tags: Jon Jackson, European Union Justice and Home Affairs Commission, Bush administration (43), Barack Obama, American Civil Liberties Union, Gabor Rona, Jamil Dakwar, Los Angeles Times, Robert M. Gates, Michele Cercone, Human Rights Watch, Khalid Shaikh Mohammed, Mustafa Ahmed al-Hawsawi

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

Military judge Colonel James Pohl denies the Obama administration’s request to suspend legal proceedings at Guantanamo Bay (see January 20, 2009) in the case of a detainee accused of planning the attack on the USS Cole (see October 12, 2000). Because of Pohl’s order, the Pentagon may be forced to temporarily withdraw charges against accused Cole plotter Abd al-Rahim al-Nashiri and perhaps 20 other detainees facing military trials, including 9/11 mastermind Khalid Shaikh Mohammed (see January 5-8, 2000 and November-December 2000).
White House Response - Obama officials are startled by Pohl’s order, as five other military judges have agreed to the government’s request. White House press secretary Robert Gibbs says, “We just learned of the ruling here… and we are consulting with the Pentagon and the Department of Justice to explore our options in that case.” Asked if the decision will hamper the administration’s ability to evaluate detainees’ cases, Gibbs replies, “Not at all.”
Judge: Government Arguments 'Unpersuasive' - Pohl says he finds the government’s arguments in favor of suspension “unpersuasive” and that the case will go forward because “the public interest in a speedy trial will be harmed by the delay in the arraignment.” The White House wants the delay in order to review the cases of the approximately 245 detainees at Guantanamo and decide the disposition of each case. Pohl says he is bound by the Military Commissions Act (see October 17, 2006), “which remains in effect.”
Reactions Mixed - Navy Commander Kirk Lippold, who commanded the Cole when it was attacked, says he is “delighted” with the ruling, and adds, “It proves the military commissions work without undue command influence, and this decision puts us back on track to see an accounting for al-Nashiri’s terrorist acts.” Human rights activists disagree, with many arguing that the charges against al-Nashiri and perhaps other detainees should be withdrawn in order to allow the option of preserving or reforming military commissions at a new location. “Given that the Guantanamo order was issued on day two of the new administration, the president was clearly trying to make the immediate decisions needed while giving himself the flexibility to deal with the rest down the road,” says Human Rights Watch official Jennifer Daskal. “That said, the only sure way to ensure that the commissions process is brought to a halt is to now withdraw the charges.”
Options for Proceeding - Susan Crawford, the Pentagon official who approves charges and refers cases to trial (see January 14, 2009), can withdraw charges “without prejudice,” which would allow for refiling at a later date, whether under a modified military commissions procedure or for a civilian or military court. Pentagon spokesman Geoff Morrell says, “And so while that executive order is in force and effect, trust me, there will be no proceedings continuing down at Gitmo with military commissions.” Al-Nashiri’s case is complicated by the fact that he is one of at least three detainees who were waterboarded by CIA interrogators (see May 2002-2003). [Washington Post, 1/30/2009]

Entity Tags: Susan Crawford, Abd al-Rahim al-Nashiri, Geoff Morrell, James L. Pohl, Jennifer Daskal, Khalid Shaikh Mohammed, Obama administration, US Department of Justice, Kirk Lippold, Robert Gibbs, US Department of Defense

Timeline Tags: Civil Liberties

In response to a Freedom of Information Act lawsuit by the American Civil Liberties Union (ACLU), the CIA turns over unredacted pages of a classified internal agency report that concluded the techniques used on two prisoners “appeared to constitute cruel, inhumane, and degrading treatment, as defined by the International Convention Against Torture” (see October 21, 1994). The CIA also turns over evidence showing that videotapes of the two prisoners being tortured were destroyed (see March 6, 2009). The pages are from a 2004 report compiled by then-CIA Inspector General John Helgerson. The document reads in part: “In January 2003, OIG [Office of Inspector General] initiated a special review of the CIA terrorist detention and interrogation program. This review was intended to evaluate CIA detention and interrogation activities, and was not initiated in response to an allegation of wrongdoing. During the course of the special review, OIG was notified of the existence of videotapes of the interrogations of detainees. OIG arranged with the NCS [National Clandestine Service, the covert arm of the CIA] to review the videotapes at the overseas location where they were stored. OIG reviewed the videotapes at an overseas covert NCS facility in May 2003. After reviewing the videotapes, OIG did not take custody of the videotapes and they remained in the custody of NCS. Nor did OIG make or retain a copy of the videotapes for its files. At the conclusion of the special review in May 2004, OIG notified [the Justice Department] and other relevant oversight authorities of the review’s findings.” The report has never been made public, but information concerning it was revealed by the New York Times in 2005 (see May 7, 2004). [Public Record, 3/6/2009]

Entity Tags: American Civil Liberties Union, National Clandestine Service, John Helgerson, Central Intelligence Agency

Timeline Tags: Torture of US Captives

The CIA fires two contractors, psychologists James Mitchell and Bruce Jessen, from their lucrative consulting contracts. Mitchell and Jessen designed the CIA’s torture program (see January 2002 and After, April 16, 2002, Mid-April 2002, and Between Mid-April and Mid-May 2002), and earned $1,000 a day in doing so (see April 30, 2009). The CIA now believes that the two fundamentally misrepresented their knowledge of the safety and efficacy of particular torture techniques, particularly waterboarding. The firings are part of a larger “purge” by CIA Director Leon Panetta of all contractors involved in the Bush-era torture program. Panetta tells CIA employees that all contractors involved in the interrogation program and secret prisons are being “promptly terminated.” [ABC News, 6/16/2009]

Entity Tags: Leon Panetta, Bruce Jessen, Bush administration (43), James Elmer Mitchell, Central Intelligence Agency

Timeline Tags: Torture of US Captives

The CIA says it intends to close down the network of secret overseas prisons it used to torture suspected terrorists during the Bush administration. CIA Director Leon Panetta says that agency officers who worked in the program “should not be investigated, let alone punished” because the Justice Department under President Bush had declared their actions legal. Justice Department memos (see April 16, 2009) and investigations by the International Committee of the Red Cross (see October 6 - December 14, 2006) have shown that torture was used on several prisoners in these so-called “black sites.” Panetta says the secret detention facilities have not been used since 2006, but are still costing taxpayers money to keep open. Terminating security contracts at the sites would save “at least $4 million,” he says. The CIA has never revealed the location of the sites, but independent investigations and news reports place at least some of them in Afghanistan, Thailand, Poland, Romania, and Jordan. Agency officials have claimed that fewer than 100 prisoners were ever held in the sites, and around 30 of them were tortured. The last 14 prisoners were transferred to Guantanamo in 2006 (see September 2-3, 2006), but then-President Bush ordered the sites to remain open for future use. Since then, two suspected al-Qaeda operatives are known to have been kept in the sites. Panetta also says that the CIA will no longer use private contractors to conduct interrogations. [New York Times, 4/10/2009]

Entity Tags: Leon Panetta, Central Intelligence Agency

Timeline Tags: Torture of US Captives

The White House releases four key Justice Department memos documenting the CIA’s use of harsh interrogation methods—torture—against suspected terrorists. The memos were released as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). The documents show that two high-level detainees were subjected to waterboarding at least 266 times between them. Al-Qaeda operative Abu Zubaida was waterboarded at least 83 times in August 2002, contradicting earlier CIA reports that he “broke” after a single waterboarding session (see December 10, 2007). Confessed 9/11 mastermind Khalid Shaikh Mohammed was waterboarded at least 183 times in March 2003. The so-called “insect” technique—exposure to insects within an enclosed box—was approved for use on Zubaida, but apparently never used. Numerous prisoners were subjected to “walling” and “sleep deprivation,” with at least one detainee subjected to the technique for 180 hours (over seven days). Three of the memos were written by then-Office of Legal Counsel (OLC) chief Steven Bradbury in May 2005 (see May 10, 2005, May 10, 2005, and May 30, 2005), and the fourth by Bradbury’s predecessor, Jay Bybee, in August 2002 (see August 1, 2002). [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009] Senate Judiciary Committee chairman Patrick Leahy (D-VT) says: “These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for ‘high value detainees’ in US custody. The techniques are chilling. This was not an ‘abstract legal theory,’ as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.” [CNN, 4/17/2009] House Judiciary Committee chairman John Conyers (D-MI) agrees, saying: “This release, as well as the decision to ban the use of such techniques in the future, will strengthen both our national security and our commitment to the rule of law and help restore our country’s standing in the international community. The legal analysis and some of the techniques in these memos are truly shocking and mark a disturbing chapter in our nation’s history.” [Think Progress, 4/16/2009] Senate Intelligence Committee chairwoman Dianne Feinstein (D-CA), whose committee is conducting an investigation of abusive interrogation methods used during the Bush administration, says Bush officials “inaccurately interpreted” the Geneva Conventions prohibiting torture. “I find it difficult to understand how the opinions found these interrogation techniques to be legal,” she says. “For example, waterboarding and slamming detainees head-first into walls, as described in the OLC opinions, clearly fall outside what is legally permissible.” [United Press International, 4/16/2009]
White House Condemns Methods, Opposes Investigations - Attorney General Eric Holder says of the memos: “The president has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.” Holder adds that, according to a Justice Department statement, “intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.” Holder states, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.” [US Department of Justice, 4/16/2009] President Obama condemns what he calls a “dark and painful chapter in our history,” and promises that such torture techniques will never be used again. However, he restates his opposition to a lengthy investigation into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.” In contrast, Leahy says that the memos illustrate the need for an independent investigation. Dennis Blair, the director of national intelligence, points out that the memos were written at a time when the CIA was working to prevent a repeat of the 9/11 attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” he says. “But we will absolutely defend those who relied on these memos.” [New York Times, 4/19/2009] The ACLU demands criminal prosecution of Bush officials for their torture policies (see April 16, 2009). [American Civil Liberties Union, 4/16/2009]
Techniques Include Waterboarding, Insect Exposure, 'Walling' - The memos show that several techniques were approved for use, including waterboarding, exposure to insects within a “confinement box,” being slammed into a wall, sleep deprivation, stress positions, forced nudity, and others. [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009]
Waterboarded Well beyond Allowed Procedures - Because the information about the waterboarding of Zubaida and Mohammed comes from the classified and heavily redacted CIA’s inspector general report, which has not yet been released to the public, the information is at least in part based on the videotapes of Zubaida’s interrogation sessions that were later destroyed by CIA officials (see March 6, 2009). The CIA memo explained that detainees could be waterboarded between 12 and 18 times in a single day, but only on five days during a single month—which mathematically only adds up to 90 times in a month, and thus does not explain how Mohammed could have been waterboarded 183 times in a month if these procedures were being followed. The memos also reveal that in practice, the waterboarding went far beyond the methodologies authorized by the Justice Department and used in SERE training (see December 2001 and July 2002).
Information Unearthed by Blogger - Initial media reports fail to divulge the extraordinary number of times Zubaida and Mohammed were waterboarded. It falls to a blogger, Marcy Wheeler, to unearth the information from the CIA memo and reveal it to the public (see April 18, 2009). [Marcy Wheeler, 4/18/2009]

Entity Tags: Marcy Wheeler, Central Intelligence Agency, Dennis C. Blair, Khalid Shaikh Mohammed, Dianne Feinstein, Jay S. Bybee, Geneva Conventions, Eric Holder, Barack Obama, Bush administration (43), John Conyers, Office of Legal Counsel (DOJ), US Department of Justice, American Civil Liberties Union, Steven Bradbury, Patrick J. Leahy, Abu Zubaida, Obama administration

Timeline Tags: Torture of US Captives

Former CIA Director Michael Hayden refuses to confirm information from a recently released CIA memo that shows alleged 9/11 mastermind Khalid Shaikh Mohammed had been waterboarded 183 times in a single month (see April 16, 2009). Even though the memo has been released to the public, Hayden says he believes that information is still classified. Hayden says he opposed the release of the memo and three others recently released by the White House. Even though President Obama has said that the US will never use waterboarding and other “harsh interrogation techniques” again, Hayden says: “At the tactical level, what we have described for our enemies in the midst of a war are the outer limits that any American would ever go to in terms of interrogating an al-Qaeda terrorist. That’s very valuable information. Now, it doesn’t mean we would always go to the outer limits, but it describes the box within which Americans will not go beyond. To me, that’s very useful for our enemies, even if as a policy matter, this president at this time had decided not to use one, any, or all of those techniques. It reveals the outer limits. That’s very important.” Hayden also disputes reports that suspected terrorist Abu Zubaida revealed nothing new after being tortured; he says that after Zubaida was subjected to waterboarding and other unspecified “techniques,” he revealed information leading to the capture of suspected terrorist Ramzi bin al-Shibh. [New York Times, 4/19/2009; Think Progress, 4/19/2009] Days later, former FBI interrogator Ali Soufan will reveal information that disputes Hayden’s claims (see Late March through Early June, 2002 and April 22, 2009).

Entity Tags: Central Intelligence Agency, Michael Hayden

Timeline Tags: Torture of US Captives

Ali Soufan, an FBI supervisory special agent from 1997 to 2005, writes an op-ed for the New York Times about his experiences as a US interrogator. Soufan, who was one of the initial interrogators of suspected al-Qaeda operative Abu Zubaida (see Late March through Early June, 2002), says he has remained silent for seven years “about the false claims magnifying the effectiveness of the so-called enhanced interrogation techniques like waterboarding.” Until now, he has spoken only in closed government hearings, “as these matters were classified.” But now that the Justice Department has released several memos on interrogation (see April 16, 2009), he can publicly speak out about the memos. “I’ve kept my mouth shut about all this for seven years,” Soufan says. “I was in the middle of this, and it’s not true that these techniques were effective. We were able to get the information about Khalid Shaikh Mohammed in a couple of days. We didn’t have to do any of this [torture]. We could have done this the right way.” [New York Times, 4/22/2009; Newsweek, 4/25/2009] In early 2002, Soufan trained Guantanamo interrogators in the use of non-coercive interrogation techniques; a colleague recalls the military intelligence officials in the session being resistant to the ideas Soufan proposed (see Early 2002). [Newsweek, 4/25/2009]
'False Premises' Underpinning Use of Torture - Soufan says the memos are based on what he calls “false premises.” One is the August 2002 memo granting retroactive authorization to use harsh interrogation methods on Zubaida on the grounds that previous methods had been ineffective (see August 1, 2002). Soufan asserts that his questioning of Zubaida had indeed been productive (contradicting earlier CIA claims—see December 10, 2007), and that he used “traditional interrogation methods” to elicit “important actionable intelligence” from the suspected operative. The harsh methods later used on Zubaida produced nothing that traditional methods could not have produced, Soufan says; moreover, those harsh techniques—torture—often “backfired” on the interrogators. Many of the methods used on detainees such as Zubaida remain classified, Soufan writes: “The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.”
False Claims 'Proving' Usefulness of Torture - Some claim that Zubaida gave up information leading to the capture of suspected terrorists Ramzi bin al-Shibh and Jose Padilla. “This is false,” Soufan writes. “The information that led to Mr. Shibh’s capture came primarily from a different terrorist operative who was interviewed using traditional methods. As for Mr. Padilla, the dates just don’t add up: the harsh techniques were approved in the memo of August 2002, Mr. Padilla had been arrested that May.”
Restoring the 'Chinese Wall' - Because of the use of torture by the CIA, the two agencies will once again be separated by what Soufan calls “the so-called Chinese wall between the CIA and FBI, similar to the communications obstacles that prevented us from working together to stop the 9/11 attacks.” Since the FBI refused to torture suspects in its custody, “our agents who knew the most about the terrorists could have no part in the investigation. An FBI colleague of mine who knew more about Khalid Shaikh Mohammed than anyone in the government was not allowed to speak to him.”
Targeted Investigations - Soufan writes that any investigations into the use of torture by the CIA should not seek to punish the interrogators who carried out the government’s policies. “That would be a mistake,” he writes. “Almost all the agency officials I worked with on these issues were good people who felt as I did about the use of enhanced techniques: it is un-American, ineffective, and harmful to our national security.” Soufan goes farther, adding, “It’s worth noting that when reading between the lines of the newly released memos, it seems clear that it was contractors, not CIA officers, who requested the use of these techniques.” The CIA itself must not be targeted for retribution, Soufan writes, as “[t]he agency is essential to our national security.” Instead, “[w]e must ensure that the mistakes behind the use of these techniques are never repeated.” [New York Times, 4/22/2009; Newsweek, 4/25/2009]

Entity Tags: US Department of Justice, Khalid Shaikh Mohammed, Jose Padilla, Federal Bureau of Investigation, Ali Soufan, Abu Zubaida, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The CIA tortured and brutalized prisoners for at least seven years without attempting to assess whether such tactics actually resulted in the acquisition of good intelligence, the press reports. Calls to conduct such an assessment of the agency’s “enhanced interrogation techniques” began as early as 2003, when the CIA’s inspector general began circulating drafts of a report that raised serious concerns about the various torture techniques being employed (see May 7, 2004). Neither the inspector general’s report or later studies examined the effectiveness of the interrogation tactics, or attempted to verify the assertions of CIA counterterrorism officials who insisted that the techniques were essential to the program’s results. “Nobody with expertise or experience in interrogation ever took a rigorous, systematic review of the various techniques—enhanced or otherwise—to see what resulted in the best information,” says a senior US intelligence official involved in overseeing the interrogation program. As a result, there was never a determination of “what you could do without the use of enhanced techniques,” the official says. Former Bush administration officials say the failure to conduct such an examination was part of a broader reluctance to reexamine decisions made shortly after the 9/11 attacks. The Defense Department, Justice Department, and CIA “all insisted on sticking with their original policies and were not open to revisiting them, even as the damage of these policies became apparent,” according to John Bellinger, then the legal advisor to former Secretary of State Condoleezza Rice, referring to burgeoning international outrage. “We had gridlock,” Bellinger says, calling the failure to consider other approaches “the greatest tragedy of the Bush administration’s handling of detainee matters.” [Los Angeles Times, 4/25/2009]

Entity Tags: Central Intelligence Agency, Bush administration (43), US Department of Justice, John Bellinger, US Department of Defense

Timeline Tags: Torture of US Captives

ABC News learns that two former military officers, both psychologists, were paid $1,000 a day to design a program to torture and waterboard detainees in US custody. The psychologists, James Mitchell and Bruce Jessen (see January 2002 and After, April 16, 2002, Mid-April 2002, and Between Mid-April and Mid-May 2002), were recipients of a contract awarded by the CIA to their firm, Mitchell Jessen and Associates. Mitchell and Jessen told the CIA that waterboarding was safe to use on prisoners. The American Civil Liberties Union’s Jameel Jaffer says, “It’s clear that these psychologists had an important role in developing what became the CIA’s torture program.” According to ABC, “Associates say the two made good money doing it, boasting of being paid a thousand dollars a day by the CIA to oversee the use of the techniques on top al-Qaeda suspects at CIA secret sites.” Air Force interrogator Colonel Steven Kleinman says, “The whole intense interrogation concept that we hear about is essentially their concepts.” ABC notes that “neither Mitchell nor Jessen had any experience in conducting actual interrogations before the CIA hired them.” A military officer says that the CIA “went to two individuals who had no interrogation experience. They are not interrogators.” The CIA came to believe that the waterboarding “expertise” they claimed was “misrepresented,” and therefore the claims that waterboarding was “medically safe” and “effective” were questionable. As ABC notes, “The waterboarding used on al-Qaeda detainees was far more intense than the brief sessions used on US military personnel in the training classes.” [ABC News, 4/30/2009; Raw Story, 5/1/2009]

Entity Tags: Central Intelligence Agency, ABC News, Al-Qaeda, Bruce Jessen, Steve Kleinman, Jameel Jaffer, James Elmer Mitchell, Mitchell Jessen and Associates

Timeline Tags: Torture of US Captives

Bryce Lefever, a former military psychologist who worked with the US military’s SERE (Survival, Evasion, Resistance, and Escape) program, says the techniques reverse-engineered from the program and used to torture terrorism suspects in US custody are justified. Lefever has worked with two military psychologists, James Mitchell and Bruce Jessen, since 1990, developing techniques for SERE training. That training helps prepare US soldiers to resist torture if they are captured by enemy forces and interrogated. Mitchell and Jessen helped create the torture program of interrogation used by the US against suspected terrorists (see January 2002 and After, April 16, 2002, and Mid-April 2002). Lefever himself served as a military psychologist at Bagram Air Base in Afghanistan, where prisoners were routinely tortured and brutalized.
Patriots - Unlike many critics who have attacked the psychologists’ lack of ethics and concern, Lefever calls Mitchell and Jessen patriots. “I think the media ought to give us a big ol’ thank you for our efforts on behalf of America,” Lefever says. “There should be some recognition of the effort—the really extreme effort—that we’ve gone through to help.”
Ethically Compelled to Construct Torture Program - Lefever says the criticism of Mitchell and Jessen is unfounded and stems from a basic misunderstanding of the ethical mission of psychologists. “[T]he idea that they would be involved in producing some pain just seems at first blush to be something that would be wrong, because we ‘do no harm,’” he says, but “the ethical consideration is always to do the most good for the most people.” Because torturing a “few” prisoners might well produce intelligence that would help prevent another attack on the magnitude of 9/11, Lefever says, it was incumbent on Mitchell, Jessen, and himself to use their knowledge of SERE tactics to construct an interrogation program that might elicit such actionable intelligence. “America’s house was broken into on 9/11 and someone had to raise their hand to stop it,” he says. “And early on there was a sense of desperation in intelligence-gathering.” Lefever has no doubts that torture works to produce reliable intelligence. “You know, the tough nut to crack, if you keep him awake for a week, you torture him, you tie his arms behind him, you have him on the ground—anyone can be brought beyond their ability to resist.” Indeed, he says, it would have been unethical for him not to come forward: “America is my client; Americans are who I care about. I have no fondness for the enemy and I don’t feel like I need to take care of their mental health needs.” Mitchell, Jessen, and other military psychologists felt the same way, he says. “Anyone who wants to throw stones in this situation really needs to step back and figure out what they themselves would do in these situations and not just be ‘ivory tower’ critics,” he notes. “Most of the time they have no idea what they’re talking about.” [National Public Radio, 5/4/2009]
Accused of Abandoning Ethical Code - Psychologist Stephen Soldz, who writes for the organization Psychoanalysts for Peace and Justice, is highly critical of Lefever’s stance, accusing him of renouncing the psychologists’ code of ethics, and notes that Lefever implicitly acknowledges that SERE tactics were used on US detainees, an admission CIA and Pentagon officials have been loath to make. [Psychoanalysts for Peace and Justice, 5/4/2009]

Entity Tags: James Elmer Mitchell, Bruce Jessen, Bryce Lefever, Stephen Soldz

Timeline Tags: Torture of US Captives

Ibn al-Shaykh al-Libi’s body, shortly after he died.Ibn al-Shaykh al-Libi’s body, shortly after he died. [Source: Public domain]Ibn al-Shaykh al-Libi, a former manager of a training camp for militants in Afghanistan, dies at Al Saleem jail in Libya. Al-Libi was captured and handed over to the US in 2001 (see December 19, 2001), and later provided information falsely linking Iraq and al-Qaeda while being tortured in Egyptian custody (see February 2002). The story of his death is broken by a Libyan newspaper named Oea, and picked up by media around the world. However, Newsweek will point out that Oea has “close ties to the [Libyan] government,” as it is owned by a son of Libyan dictator Colonel Mu’ammar al-Qadhafi. Workers with Human Rights Watch visited al-Libi at the prison on April 27, and spoke to him briefly, finding him reasonably well. Hafed al-Ghwell, a leading critic of the al-Qadhafi regime, will comment, “This idea of committing suicide in your prison cell is an old story in Libya.” Apparently, sometimes a prisoner is reported to have committed suicide, but when the family gets the body back, there is a bullet hole in its back or signs of torture. George Brent Mickum, a US lawyer representing al-Libi’s former partner in the training camp, US-held detainee Abu Zubaidah, says he had recently begun efforts through intermediaries to arrange to talk to al-Libi. “The timing of this is weird,” Mickum says. “My gut feeling is that something fishy happened here and somebody in Libya panicked,” adds al-Ghwell. [Newsweek, 5/12/2009] Tom Malinowski of Human Rights Watch says: “I would speculate that he was missing because he was such an embarrassment to the Bush administration. He was Exhibit A in the narrative that tortured confessions contributed to the massive intelligence failure that preceded the Iraq war.” After the Bush administration used al-Libi’s claims of links between al-Qaeda and the Iraqi government to justify the US invasion of Iraq in 2003, al-Libi withdrew the claims. [Washington Post, 5/12/2009] In October 2009, in a video posted on an Islamist website, al-Qaeda deputy leader Ayman al-Zawahiri will claim the US government “handed him over to the agents of al-Qadhafi to continue torturing him and kill him.” [Reuters, 10/4/2009]

Entity Tags: Tom Malinowski, Ibn al-Shaykh al-Libi, Human Rights Watch, Ayman al-Zawahiri, George Brent Mickum, Hafed al-Ghwell

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

CIA Director Leon Panetta is informed by the agency’s Counterterrorist Center that it has a program to assassinate or capture al-Qaeda leaders. The program was established shortly after 9/11, but has never become operational (see Shortly After September 17, 2001). Panetta immediately cancels the program. [New York Times, 7/14/2009] CIA spokesman George Little says the decision was “clear and straightforward,” as Panetta “knew it [the program] hadn’t been successful.” [Washington Post, 8/20/2009] There is no resistance inside the CIA to this decision, apparently because the program is not fully operational and has not yet been briefed to Congress. [New York Times, 7/12/2009]
CIA Was Reviewing Program - It is unclear why Panetta is informed of the program at this time. However, the Counterterrorist Center has recently conducted a review of it, so he may learn of its existence due to the review, which will be presented to the White House and the Congressional intelligence committees. [New York Times, 8/20/2009]
Why Was Panetta Not Told Before? - It is also unclear why Panetta, who was confirmed as CIA director four months ago, was not told of the program earlier. One explanation is that it is because the program was not operational. “It’s a capability that wasn’t being used, so it wasn’t a front-burner issue,” says one unnamed official. Another retired official familiar with the program’s details says, “It would have been a big deal if it was operational, but since it was not, it’s not a big deal.” However, several former CIA officers and intelligence experts find this explanation unconvincing. According to Time magazine, “For one thing, they say, the mere fact that the program apparently merited [former Vice President Dick] Cheney’s close attention should have been a red flag.” A former operations expert says, “Even if the program was dormant, the top officials would have known about Cheney’s instructions, and they should have told Panetta right away.” Another retired senior official puts it more bluntly, saying, “[Given Cheney’s interest,] I don’t know why the program was not on the new director’s desk within his first two weeks on the job.” He adds, “The speed of Panetta’s actions when he was informed tells me that the program was pretty important.” Paul Pillar, a former deputy director of the Counterterrorist Center, comments, “In retrospect, the [Cheney] angle ought to be sufficient grounds for someone to think, this does deserve the boss’s attention.” [New York Times, 7/14/2009]

Entity Tags: Leon Panetta, Central Intelligence Agency, Counterterrorist Center, Paul R. Pillar

Timeline Tags: Complete 911 Timeline, Civil Liberties, War in Afghanistan

At an emergency meeting, CIA Director Leon Panetta tells the House and Senate intelligence committees of a CIA program to assassinate and capture al-Qaeda leaders (see Shortly After September 17, 2001). [New York Times, 7/14/2009; Washington Post, 8/20/2009; New York Times, 8/20/2009] Panetta learned of the program the previous day and immediately canceled it (see June 23, 2009). The lawmakers had not previously received information about the program, apparently at the direction of former Vice President Dick Cheney (see 2002). Panetta says he thinks the lawmakers should have been told earlier, because the program had moved beyond the planning stage and therefore deserved Congressional scrutiny. [Washington Post, 8/20/2009; New York Times, 8/20/2009]

Entity Tags: Central Intelligence Agency, Senate Intelligence Committee, House Intelligence Committee, Leon Panetta

Timeline Tags: Complete 911 Timeline, Civil Liberties

Mary Patrice Brown.Mary Patrice Brown. [Source: Allgov (.com)]The Justice Department’s Office of Professional Responsibility (OPR) recommends reversing a Bush-era policy and reopening nearly a dozen prisoner abuse investigations, mostly in Iraq and Afghanistan. The decision could potentially expose CIA employees and contractors to prosecution for crimes involving brutalizing and torturing prisoners in US custody, particularly as some detainees died in custody and others were physically and mentally abused. The OPR makes the recommendation in early August, but the information is not reported in the media until later in the month. The decision comes as the Justice Department is ready to disclose new information on prisoner abuse from a 2004 report by the CIA’s inspector general that has never before been released (see May 7, 2004). The Bush-era Justice Department chose not to pursue investigations into any of the allegations, deciding that none of them warranted further inquiry. However, Attorney General Eric Holder reconsidered that decision after he saw the allegations and the accompanying evidence, much of which is contained in the 2004 CIA report. The OPR gives Holder additional leverage to reopen the investigations. The OPR report is primarily authored by the office’s new chief, Mary Patrice Brown, a federal prosecutor picked to replace the office’s former head, H. Marshall Jarrett, who is working elsewhere in the Justice Department. One case under review is that of Iraqi citizen Manadel al-Jamadi, who died in 2003 at Abu Ghraib prison (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003) after being captured by a team of Navy SEALs. Prosecutors believe he received his fatal injuries from his captors, but lawyers for the SEALs deny the charge. During President Bush’s tenure, the Justice Department responded to inquiries about the incidents from Democratic lawmakers with little more than summaries of the numbers of cases under scrutiny, and provided virtually no details about individual cases or explanations as to why the department chose not to prosecute. [New York Times, 8/24/2009]

Entity Tags: H. Marshall Jarrett, Central Intelligence Agency, Eric Holder, US Department of Justice, Manadel al-Jamadi, Mary Patrice Brown, Office of Professional Responsibility

Timeline Tags: Torture of US Captives

Malcolm Nance, the former master instructor and chief of training at the Navy’s Survival Evasion Resistance and Escape (SERE) School who now serves as a consultant on counterterrorism and terrorism intelligence for the US government, makes a cogent point about “breaking” interrogation subjects. Nance is interviewed by MSNBC’s Rachel Maddow, who asks: “One of the other things that I think is a term that sort of gets bandied around by civilians who don’t have experience in these things when we talk about, not only the politics of interrogation, but also the utility of interrogation, is this idea of somebody being broken, a prisoner, the subject of an interrogation being a broken person. And that was described by political actors about interrogation techniques as sort of the goal, about what the idea was to—what the object was of what we wanted to be doing to al-Qaeda prisoners. Does breaking a person in interrogation terms make sense if what you’re trying to do is get real information out of them?” Nance replies, “The process of ‘breaking,’ quote-unquote, a prisoner is not something interrogators do. Interrogators really don’t want to break you down as a human being and take away all of your ability to think and reason and give a coherent answer. That was something that was developed by totalitarian and hostile regimes who saw that a confession is what they wanted out of you. They didn’t care whether you had done it or not. A confession is what they needed out of you, and to get that confession, what they would do is break you physically, psychologically, and mentally so that you could get into a state of learned helplessness and you would comply no matter what they would say. Now, this killed hundreds, if not thousands, of American service members in Korea, World War II, and Vietnam. And this is not something which any real interrogator would want to try because, of course, at that point, you are not getting information. You are just getting compliance. And any idiot can comply and that makes no intelligence whatsoever.” Nance and Maddow note that former SERE psychologists Bruce Jessen and James Mitchell, the two SERE psychologists who designed the US torture program (see Late 2001-Mid-March 2002, January 2002 and After, Late March through Early June, 2002, April - June 2002, Mid-April 2002, April 16, 2002, Between Mid-April and Mid-May 2002, Mid-May 2002 and After, June 2002, July 2002, April 2009, and April 30, 2009), were experienced in the methodologies of “breaking” prisoners and not in extracting useful information. [MSNBC, 8/13/2009]

Entity Tags: Bruce Jessen, Rachel Maddow, Malcolm Nance, James Mitchell

Timeline Tags: Torture of US Captives

The House Intelligence Committee launches an investigation into whether the CIA broke the law by failing to notify Congress about an agency program to assassinate and capture al-Qaeda leaders. The program was initiated shortly after 9/11 (see Shortly After September 17, 2001), but Congress was not notified of it, apparently at the instruction of former Vice President Dick Cheney (see 2002), until it was shut down in July 2009 (see June 23, 2009 and June 24, 2009). [Washington Post, 8/20/2009; New York Times, 8/20/2009] Congressional Democrats are furious that the program was not shared with the House Committee and with its Senate counterpart. However, some Congressional Republicans say that as Congress had already approved broad authorities for the CIA after 9/11, the CIA was not required to brief lawmakers on specifics about the program, which never became operational. [New York Times, 7/12/2009; New York Times, 7/14/2009]

Entity Tags: House Intelligence Committee, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, Civil Liberties

According to ABC News, the Justice Department’s release of a 2004 report by the CIA’s inspector general (see May 7, 2004 and August 24, 2009) is preceded by a “profanity-laced screaming match” between CIA Director Leon Panetta and White House officials. This apparently produces disquiet among White House officials regarding Panetta. According to ABC News, some White House officials are “worrying about the direction of its newly-appoint[ed] intelligence team.” Some reports say that Panetta has already threatened to resign once, and White House officials are discussing “a possible shake-up of top national security officials.” According to one unnamed “senior adviser to [President] Obama on intelligence matters,” “You can expect a larger than normal turnover in the next year.” And another former senior intelligence official predicts, “Leon will be leaving.” But a White House spokesman, Denis McDonough, says the reports of Panetta’s threatened resignation and a potential “shake-up” of top intelligence and national security officials are “inaccurate.” Both Panetta and CIA spokesman George Little say reports of his threatened resignation are “absolutely untrue”; the spokesman says of the alleged tirade that Panetta is known to use “salty language.” Former counterterrorism specialist and current ABC News consultant Richard Clarke says: “It would be a shame if such as talented a Washington hand as Panetta were to leave after one year. It takes that long for any senior bureaucrat to begin to understand what needs to get done and how to do it. The CIA needs some stability.” [ABC News, 8/24/2009] Newsweek’s Mark Hosenball says that Panetta has been sending mixed messages. “Panetta had been kind of ambiguous, at least in terms of his public statements and even his private messages, as to whether he’s strongly opposed to release of documents like this or not,” he says. “Some cases it’s looked like he’s been in favor of releasing documents like this; in other cases, it’s looked like he’s been against it. I think he’s trying to straddle the issue here. I mean, certainly, previous CIA directors like General Mike Hayden and George Tenet have strongly expressed the view that this stuff shouldn’t have been released. Panetta hasn’t been quite as strong in saying that publicly, anyway.” [PBS, 8/24/2009]

Entity Tags: Mark Hosenball, Central Intelligence Agency, Denis McDonough, Leon Panetta, Obama administration, Richard A. Clarke, George Little

Timeline Tags: Torture of US Captives

Cover of CIA OIG report, with redactions.Cover of CIA OIG report, with redactions. [Source: CIA / New York Times]A 2004 report by the CIA’s inspector general (IG) on torture (see May 7, 2004) is released to the public, after months of speculation as to its contents. The CIA opposed the release of the report for years, arguing that the release would demoralize its personnel and make it more difficult for the agency to do its job. The report’s release is triggered by a federal judge’s ruling in response to a lawsuit filed by the American Civil Liberties Union (ACLU). The report, authored by former Inspector General John Helgerson, is heavily redacted, but the portions released to the public include a number of illegal and ethically questionable tactics used by US interrogators against detainees. Some of those tactics include the use of handguns, power drills, threats, smoke, and mock executions. Many of the techniques used against detainees were carried out without authorization from higher officials, and the Justice Department is reopening investigations into a number of the most serious allegations (see First Half of August 2009). The report says that the CIA’s efforts to provide “systematic, clear, and timely guidance” to interrogators were “inadequate at first” and that that failure largely coincided with the most significant incidents involving the unauthorized coercion of detainees, but as guidelines from the Justice Department accumulated over several years, oversight “improved considerably.” In the words of the Washington Post, “the report pointed to ongoing tensions between interrogators in the field and officials at the CIA Counterterrorism Center as to when detainees were compliant and when the use of ‘enhanced interrogation techniques’ was appropriate.” [MSNBC, 8/24/2009; Washington Post, 8/24/2009] In a statement, Helgerson says, “The most important findings of the review related to basic systemic issues: had management controls been established; were necessary laws, regulations, and guidelines in place and understood; had staff officers and contractors been adequately trained; and had they discharged their responsibilities properly?” [Washington Post, 8/24/2009] Newsweek reporter Michael Isikoff says that the “report was generated at the beginning by agency officials within themselves who had deep concerns about what was going on. I was struck. One officer is quoted in this report saying that he’s concerned that he might one day—agency officers might one day end up on some ‘wanted list’ to appear before the world court for war crimes stemming from these activities. It was agents—it was the concerns about this came from within the agency. That’s what generated this report.”
Recommendations Redacted - Isikoff notes that at least half of the report is redacted, including the IG’s recommendations, and says, “I’m told the worst stuff is in those blacked out passages, which means we still don’t know the full story of this program.” [MSNBC, 8/25/2009] The report contains 10 recommendations for action on the CIA’s part, but all of them are redacted. [McClatchy, 8/24/2009] Helgerson states his regret that so much of the report is redacted. “The essence of the report is expressed in the Conclusions and Recommendations,” he says. “I am disappointed that the government did not release even a redacted version of the Recommendations, which described a number of corrective actions that needed to be taken.” [Washington Post, 8/24/2009] Isikoff’s Newsweek colleague, Mark Hosenball, says he believes much of the redacted information has to do with “renditions”: detainees transferred to foreign countries “and abused there.” [PBS, 8/24/2009]
Detailing 'Crime Scene[s]' - Author and reporter Jane Mayer says she believes the report, “in essence, [details] a crime scene. It’s very hard to get away from the fact that things like death threats and mock executions are specifically identified as torture under the Convention Against Torture and, therefore, are illegal, and they’re considered very major crimes. So the problem for the Obama administration, which inherited this report and the question about what to do about it, is that it’s a red flag to any prosecutor. It’s very hard to ignore this, when you’ve taken an oath of office that says you’re going to execute the laws and uphold the Constitution. So they’ve got to somehow do something with this. I was interviewing Larry [Laurence] Tribe, a law professor, who said, you know, it’s hard to do nothing about this when you see it.” Reporter David Ignatius notes that an earlier review by Justice Department prosecutors found that no one at the CIA could be prosecuted for crimes based on the findings of the report. However, that may no longer be true. “[I]t is interesting and troubling to people at the CIA that something that was already decided not prosecutable is now maybe prosecutable,” he says. Mayer notes that during the Bush administration, possible prosecutions were short-circuited by political appointees such as then-US Attorney Paul McNulty, “who was very much a political player, who actually wound up having to resign later in the Bush administration for other political problems.” [PBS, 8/24/2009]
Federal Prosecutor Appointed - In part as a result of reviewing the CIA report, Attorney General Eric Holder names a special prosecutor to determine if the CIA or its hired contractors broke any laws in interrogating detainees (see August 24, 2009).
Reactions - CIA Director Leon Panetta issues a statement that supports the agency’s efforts while avoiding defending torture or abuse. In his statement, Panetta writes that he is not “eager to enter the debate, already politicized, over the ultimate utility of the agency’s past detention and interrogation effort.” He says the program produced crucial intelligence but adds that use of the harsh methods “will remain a legitimate area of dispute.” Overall, Panetta says, the agency is committed to “moving forward” and not spending large amounts of time reflecting on past practices. Senator Sheldon Whitehouse (D-RI) calls the report, and the concurrent appointment of special prosecutor John Durham to investigate torture allegations (see August 24, 2009), “a great relief, a great moment for America as a country.” He continues: “We’ve finally seen the rule of law brought forward in a way that it is clear and direct on this situation, which has been so sort of poisoned with personalities and politics and propaganda. It’s a first kind of clear, bright light, and I couldn’t be happier, couldn’t be more relieved.” [New York Times, 8/24/2009; Central Intelligence Agency, 8/24/2009; MSNBC, 8/25/2009] The ACLU’s Jameel Jaffer says, “The report underscores the need for a comprehensive criminal investigation that reaches not just the interrogators who exceeded authority but the senior officials who authorized torture and the Justice Department lawyers who facilitated it.” [Washington Post, 8/24/2009] Joanne Mariner, the terrorism and counterterrorism program director at Human Rights Watch, says: “The CIA inspector general’s report provides compelling official confirmation that the CIA committed serious crimes. A full criminal investigation into these crimes, and who authorized them, is absolutely necessary.” [Human Rights Watch, 8/24/2009]

Entity Tags: Jane Mayer, Central Intelligence Agency, Bush administration (43), John Durham, David Ignatius, Jameel Jaffer, Joanne Mariner, Eric Holder, US Department of Justice, American Civil Liberties Union, Paul J. McNulty, Sheldon Whitehouse, Laurence Tribe, John Helgerson, Mark Hosenball, Leon Panetta, National Counterterrorism Center, Obama administration, Michael Isikoff

Timeline Tags: Torture of US Captives

The US Justice and Defense Departments announce that five detainees are to be moved from Guantanamo to New York, where they will face trial in ordinary civilian courts for the 9/11 attacks. The five are alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM), Ramzi bin al-Shibh, who helped coordinate the attacks, Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi, who assisted some of the 19 hijackers in Asia, and Khallad bin Attash, who attended a meeting with two of the hijackers in January 2000 (see January 5-8, 2000). The five previously indicated they intend to plead guilty (see December 8, 2008). US Attorney General Eric Holder says: “For over 200 years, our nation has relied on a faithful adherence to the rule of law to bring criminals to justice and provide accountability to victims. Once again we will ask our legal system to rise to that challenge, and I am confident it will answer the call with fairness and justice.” Secretary of Defense Robert Gates was also involved in the decision on where to try the men. [US Department of Justice, 11/13/2009] However, five detainees are to remain in the military commissions system. They are Ibrahim al-Qosi, Omar Khadr, Ahmed al-Darbi, Noor Uthman Mohammed, and Abd al-Rahim al-Nashiri. [McClatchy, 11/14/2009] These five detainees are fighting the charges against them:
bullet Ibrahim al-Qosi denies the charges against him, saying he was coerced into making incriminating statements; [USA v. Ihrahm Ahmed Mohmoud al Qosi, 7/16/2009 pdf file]
bullet Khadr’s lawyers claim he was coerced into admitting the murder of a US solider in Afghanistan; [National Post, 11/14/2009]
bullet Ahmed Muhammad al-Darbi also claims he was forced to make false confessions (see July 1, 2009); [al-Darbi, 7/1/2009]
bullet Noor Uthman Mohammed denies most of the charges against him (see (Late 2004));
bullet Al-Nashiri claims he was forced to confess to trumped up charges under torture (see March 10-April 15, 2007). [US department of Defense, 3/14/2007 pdf file]

Entity Tags: Eric Holder, US Department of Justice, Ali Abdul Aziz Ali, Abd al-Rahim al-Nashiri, Ahmed Muhammad al-Darbi, Khallad bin Attash, US Department of Defense, Ramzi bin al-Shibh, Mustafa Ahmed al-Hawsawi, Khalid Shaikh Mohammed, Robert M. Gates, Noor Uthman Muhammed, Ibrahim Ahmed Mahmoud al-Qosi, Omar Khadr

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Representative Alan Grayson (D-FL), speaking on MSNBC’s The Ed Show to host Ed Schultz, criticizes former President Bush while discussing a current controversy regarding a combined mosque and Islamic community center being built near the ruins of the World Trade Center. Grayson says: “If we are going to talk about 9/11, why don’t we talk about how not so much the people who died on 9/11 were disgraced by the possibility of an Islamic athletic center several blocks away; how about the fact that they were disgraced by a president who let it happen? Who went on vacation for the entire month of August after he was warned in writing that Osama bin Laden was actually finding targets in NYC and learning how to take these planes and do terrible things with them? The [warning] itself said ‘hijacking’ and they did nothing about it” (See August 6, 2001, (August 4-5, 2001), and Between August 6 and September 10, 2001). [Raw Story, 8/21/2010]

Entity Tags: Alan Grayson, George W. Bush

Timeline Tags: Complete 911 Timeline

Ahmed Khalfan Ghailani at arraignment in New York, June 9th, 2009.Ahmed Khalfan Ghailani at arraignment in New York, June 9th, 2009. [Source: Reuters / Christine Cornell]Ahmed Khalfan Ghailani is sentenced to life in prison for his role in the 1998 bombings of two US embassies in Africa (see 10:35-10:39 a.m., August 7, 1998). US District Judge Lewis Kaplan imposes the maximum sentence. In November 2010, Ghailani was convicted of conspiracy to destroy buildings or property of the United States. The verdict included a special finding that his conduct caused at least one death. But this was only one of the 285 charges against him, and he was acquitted of 273 counts of murder or attempted murder. Ghailani was captured in Pakistan in 2004 (see July 25-29, 2004), kept in the CIA’s secret prison system, and then was held in the US prison in Guantanamo, Cuba, starting in late 2006 (see September 2-3, 2006). He was transferred to the mainland of the US in 2009. He was the first former Guantanamo prison to be tried in a US civilian court, and his trial has been widely seen as a test case on whether other prisoners held outside the US legal system should be tried in US courts. Critics argue that Ghailani’s verdict shows the other prisoners still in Guantanamo should be tried in military tribunals there. But others point to the verdict as an example of the fairness of the US justice system. Prosecutors had been seeking life in prison for Ghailani, and that is the sentence he ultimately receives, even though he is only convicted of one count. His defense lawyers didn’t try to argue that Ghailani had no role in the embassy bombings, but instead argued that he was duped by other people and didn’t really know what he was doing. [Christian Science Monitor, 1/25/2011]

Entity Tags: Ahmed Khalfan Ghailani

Timeline Tags: Complete 911 Timeline

In an interview, former counterterrorism “tsar” Richard Clarke says that the CIA purposefully withheld information from him about two future 9/11 hijackers for over a year before September 11. The interview was taped in October 2009, but is released now by documentary makers Ray Nowosielski and John Duffy ahead of a forthcoming podcast entitled “Who Is Rich Blee?” about the intelligence failures before 9/11. Clarke indicates he found out the CIA failed to pass information on to him not long after 9/11, but assumed the information had been honestly missed by a single junior officer. However, when he later learned at at least 50 officers accessed the information, he began to question this theory. (Note: the news that the information was accessed by at least 50 officers broke in August 2007—see Mid-January-March 2000 and August 21, 2007). According to Clarke, information of the sort the CIA had on two of the hijackers, Khalid Almihdhar and Nawaf Alhazmi, was automatically forwarded to him, but he never heard their names before 9/11. Clarke, who admits he cannot prove his allegation that the information was withheld deliberately, says the best explanation he can come up with is that the CIA was attempting to turn the two hijackers into double agents, which is why nobody was told outside the agency. Clarke points out that alleged Saudi intelligence operatives working in the US (see January 15-February 2000 and Spring 2000) who knew the hijackers could have helped with this. Clarke mentions four officials who would have been involved in a decision to withhold information: CIA Director George Tenet, who followed information about al-Qaeda in “microscopic detail,” Counterterrorist Center chief Cofer Black, Alec Station chief Richard Blee, and his deputy Tom Wilshire. Clarke also expresses wonder that the information was not mentioned at a key meeting with National Security Adviser Condoleezza Rice in July 2001 (see July 10, 2001) when Tenet, Black, and Blee were trying to get her to take strong action against al-Qaeda, because what they had on Almihdhar and Alhazmi was the “most persuasive piece of evidence” they had. He also does not understand why the CIA told the FBI in late August 2001 that the two hijackers had entered the country (see August 21-22, 2001). Clarke adds that the CIA presumably did not mention the fact that the two men were in the US at a meeting of high-level officials on September 4, 2001 (see September 4, 2001) because it would have angered Clarke and this would have led to an investigation in CIA “malfeasance and misfeasance” in concealing the information. However, he thinks the US authorities would have caught the hijackers with a “massive sweep” even if he had been told as late as September 4. Clarke also comments that he never asked Tenet and the other CIA officials about what had happened, as the facts became known to him over time. He also says that Tenet, Black, and Blee have got away with what they did, as they were not held to account by the Joint Congressional Inquiry or the 9/11 Commission. [John Duffy and Ray Nowosielski, 8/11/2011; Truthout (.org), 8/11/2011] Tenet, Black, and Blee received an advance copy of the interview and issued a statement in response (see August 3, 2011).

Entity Tags: George J. Tenet, Cofer Black, Tom Wilshire, Richard A. Clarke, Central Intelligence Agency, Ray Nowosielski, John Duffy, Richard Blee

Timeline Tags: Complete 911 Timeline

Two CIA analysts, Alfreda Frances Bikowsky and Michael Anne Casey, who were involved in pre-9/11 intelligence failures and torture are named publicly for the first time, at the website Boiling Frogs Post (BFP). Bikowsky, now apparently head of the CIA’s Global Jihad Unit, made a false statement to the 9/11 Congressional Inquiry and was later involved in some of the CIA’s most notorious abuses (see After March 7, 2003 and Before January 23, 2004). Casey deliberately withheld information about two 9/11 hijackers from the FBI in January 2000 (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and January 6, 2000). BFP obtained the two names from a document posted in error at the website secrecykills.com, which was set up to support an audio documentary about the intelligence failures before 9/11 entitled Who Is Rich Blee? (note: Blee was the former boss of both analysts). Due to threats previously made against them by the CIA, the documentary’s producers, John Duffy and Ray Nowosielski, ask BFP to take down Casey’s name and BFP complies. However, Nowosielski will later name both women in an article posted at Salon. [Boiling Frogs Post, 9/21/2011; Salon, 10/14/2011] The two identities were found using information previously made available about the two and from Google searches. Bikowsky’s name was found by searching State Department nominations for her middle name, which was released by the Associated Press earlier in the year. Duffy and Nowosielski found Casey after learning she was the child of a CIA officer and theorising (incorrectly, as they later learned) that her father could have been former CIA Director William Casey. Her name also appears in State Department nominations, where they found it. [Salon, 10/14/2011]

Entity Tags: Michael Anne Casey, Alfreda Frances Bikowsky, Ray Nowosielski, John Duffy

Timeline Tags: Complete 911 Timeline

An artist’s rendition of Adel Abdel Bary tearing up in court.An artist’s rendition of Adel Abdel Bary tearing up in court. [Source: Reuters]Adel Abdel Bary is sentenced to 25 years in prison after pleading guilty to several terror-related counts, including making bomb threats and conspiring to kill American citizens overseas. Bary is the father of Abdel-Majed Abdel Bary, a suspected Islamic State of Iraq (ISIS) militant, originally one of three people thought to be the infamous “Jihadi John” who beheaded journalist James Foley in August 2014. (Authorities will later determine “Jihadi John” to be Briton Mohammed Emwazi.) Adel Abdel Bary admits to being an al-Qaeda spokesman following the bombings of the US embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998). Anas al-Liby and Khalid al-Fawwaz, also accused of being al-Qaeda operatives, were set to appear alongside Adel Abdel Bary in New York in two months’ time. Al-Liby and Fawwaz have pleaded not guilty to their terror charges. [Independent, 9/20/2014; US Department of Justice, 2/6/2015; Washington Post, 2/26/2015]

Entity Tags: Khalid al-Fawwaz, Adel Abdel Bary, Anas al-Liby

Timeline Tags: Complete 911 Timeline

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