!! History Commons Alert, Exciting News

Context of 'June 3, 2012: Local Newspaper Advises Congressional Member to Fire Advisor who Advocated ‘Hurl[ing] Some Acid’ at Female Democrats'

This is a scalable context timeline. It contains events related to the event June 3, 2012: Local Newspaper Advises Congressional Member to Fire Advisor who Advocated ‘Hurl[ing] Some Acid’ at Female Democrats. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

Page 1 of 3 (225 events)
previous | 1, 2, 3 | next

After the failure of the US federal government under the Articles of Confederation, the men working to shape the new American government—later termed the “Founders”—determine that the new government must have a president with power equal to that of Congress and the Supreme Court. The federal government itself has far more power under the new Constitution than it had under the Articles, but many Founders worry that the government will have, or take upon itself, the power to constrain or even destroy individual rights and freedoms. The government, therefore, will have strict limitations on its functions, and will be divided into three co-equal branches. Debate over whether the new government should have a single president or an executive council rages, but eventually the Founders decide that a single president could best act decisively in times of crisis. However, Congress has the strength to curtail presidential power via legislation and oversight. One of the Founders’ most crucial decisions is to give Congress, not the president, the power to declare war and commit military troops to battle. Congress must also authorize any military actions that fall short of actual war, the creation and maintenance of armies, and exercise control over how the president can call on the armed forces in emergencies. Finally, the Founders, all too aware that until the English Revolution of 1688, the King of England could use his “prerogative powers” to dispense with a law that he felt unnecessary, move to ensure that the US president cannot use a similar usurpation of power to override Congressional legislation, writing in the Constitution that the president must “take care that the laws be faithfully executed.” In 2007, reporter Charlie Savage, drawing on James Madison’s Federalist Papers, will write: “Knowing that it was inevitable that from time to time foolish, corrupt, or shortsighted individuals would win positions of responsibility in the government, the Founders came up with a system that would limit anyone’s ability to become a tyrant or to otherwise wreck the country. And over the next century and a half, the system worked as the Founders had designed it to work.” [Savage, 2007, pp. 14-16]

Entity Tags: James Madison, Charlie Savage

Timeline Tags: Civil Liberties

James Madison, one of the founders of the American system of constitutional government (see 1787), writes of the importance of Congress, not the president, retaining the power to send the nation to war. “Those who are to conduct a war cannot, in the nature of things, be proper or safe judges,” he writes, “whether a war ought to be commenced, continued, or concluded. They are barred from the latter functions by a great principle in free government, analagous to that which separates the sword from the purse, or the power from executing from the power of enacting laws.” [Savage, 2007, pp. 19]

Entity Tags: James Madison

Timeline Tags: Civil Liberties

With the arrival of the first Americans at Diego Garcia, the largest atoll of the Chagos Archipelago, the island’s remaining residents are told they must leave. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Recalling the massive forced relocation, Marcel Moulinie, the manager of a coconut plantation on the island, tells CBS 60 minutes in 2003 that he was ordered to ship the people out. “Total evacuation. They wanted no indigenous people there,” Marcel Moulinie explains. “When the final time came and the ships were chartered, they weren’t allowed to take anything with them except a suitcase of their clothes. The ships were small and they could take nothing else, no furniture, nothing.” To make it clear to residents that there would be no compromise, Sir Bruce Greatbatch, governor of the Seychelles, orders the killing of the Chagossians’ pets, which are rounded up into a furnace and gassed with exhaust fumes from American military vehicles. [CBS News, 6/13/2003; CNN, 6/18/2003; ZNet, 10/22/2004] “They put the dogs in a furnace where the people worked,” Lisette Talatte, a Chagossian, will later tell investigative journalist John Pilger. “[W]hen their dogs were taken away in front of them our children screamed and cried.” [ZNet, 10/22/2004] Marie Therese Mein, another Chagossian, later says US officials threatened to bomb them if they did not leave. [Self-Determination News, 1/28/2002; ZNet, 10/22/2004] And the Washington Post interviews one man in 1975 who says he was told by an American official, “If you don’t leave you won’t be fed any longer.” [Washington Post, 9/9/1975] The Chagossians are first shipped to the nearby islands of Peros Banhos and Salomon and then 1,200 miles away to Mauritius and the Seychelles. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Before the eviction, the Chagossians were employed, grew their own fruit and vegetables, raised poultry and ducks, and fished. [Sunday Times (London), 9/21/1975; Self-Determination News, 1/28/2002; British Royal Courts of Justice, 10/9/2003; Tribune (Bahamas), 11/17/2003] On the island of Diego Garcia, there was a church, a school as well as a few stores. [Sunday Times (London), 9/21/1975] But now, after being removed from their homes and dumped into foreign lands without compensation or resettlement assistance, they are forced to live in poverty. [CBS News, 6/13/2003; CNN, 6/18/2003] The uprooted Chagossians find shelter in abandoned slums, which have no water or electricity. [Sunday Times (London), 9/21/1975; Church Times, 1/7/2005] Many commit suicide during and after the eviction campaign. [ZNet, 10/22/2004] Lisette Taleti loses two of her children. [Guardian, 5/12/2006] Describing the plight of the Chagossians at this time, the British High Court writes in 2003: “The Ilois [Chagossians] were experienced in working on coconut plantations but lacked other employment experience. They were largely illiterate and spoke only Creole. Some had relatives with whom they could stay for a while; some had savings from their wages; some received social security, but extreme poverty routinely marked their lives. Mauritius already itself experienced high unemployment and considerable poverty. Jobs, including very low paid domestic service, were hard to find. The Ilois were marked by their poverty and background for insults and discrimination. Their diet, when they could eat, was very different from what they were used to. They were unused to having to fend for themselves in finding jobs and accommodation and they had little enough with which to do either. The contrast with the simple island life which they had left behind could scarcely have been more marked.”

Entity Tags: Sir Bruce Greatbatch, Chagossians, Marcel Moulinie, Marie Therese Mein, Lisette Talatte

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Joseph Scheidler.Joseph Scheidler. [Source: Pro-Life Action League]Anti-abortion activist Joseph Scheidler forms a group variously known as the Pro-Life Action League (PLAL) and the Pro-Life Action Network (PLAN). Scheidler was a ranking member of the National Right to Life Committee (NRLC), the US’s largest anti-abortion organization, until 1978, when he was dismissed from the group for his advocacy of violence. [Kushner, 2003, pp. 38]

Entity Tags: Pro-Life Action League, Joseph Scheidler, National Right to Life Committee

Timeline Tags: US Health Care, Domestic Propaganda

The “Army of God” (AOG), an underground anti-abortion extremist group, forms, according to government documents. The Army of God advocates violence towards abortion providers and clinics, and will even recommend murder and assassination of abortion providers (see Early 1980s); later it will also advocate violence against homosexuals in order to end what it calls the “homosexual agenda.” Current and future leaders and prominent members will include Don Benny Anderson (see August 1982), Michael Bray (see September 1994), James Kopp (see October 23, 1998), Neal Horsley (see January 1997), and Eric Robert Rudolph (see January 29, 1998). It is unclear how large the group is. The group advocates “whatever means are necessary” to stop abortions, which it calls “baby-killing.” According to government documents, the AOG manual “explicitly states that this is a ‘real’ army, with the stated mission of choosing violent means both to permanently end the ability of medical personnel to perform abortions and to draw media attention to their opposition to women’s right to choose to have abortions.” The AOG advocates the use of glue, acid, firebombs, and explosives against clinics and clinic personnel, and later advocates shooting abortion providers and clinic staff. A government document says, “It is explicitly stated in the manual that violence is the preferred means to the desired end, and there are references to ‘execution’ of abortion clinic staff.” The manual states that the local members of the Army of God are not told of the identities of other members, in order to make certain that “the feds will never stop us.” AOG documents will also threaten the US government and the United Nations, calling the UN an “ungodly Communist regime” supported by its “legislative-bureaucratic lackeys in Washington.” A letter apparently written by AOG leader Donald Spitz will claim of the US government and the UN: “It is you who are responsible and preside over the murder of children and issue the policy of ungodly perversion that’s destroying our people.… Death to the New World Order.” The AOG will openly declare itself a terrorist organization in responses to media articles. It will maintain that a state of undeclared war has existed in the US since the 1973 Roe v. Wade Supreme Court decision legalizing abortion (see January 22, 1973), and it carries out terrorist attacks against abortion clinics and providers in order to “defend God’s children” against state-sponsored “slaughter.” The AOG will repeatedly state that it intends to continue its violent, deadly attacks against abortion clinics and providers until all laws legalizing abortion are repealed. After 2001, the AOG will begin rhetorically attacking homosexuals as well as abortion providers (see 2002). It will also proclaim its solidarity with Muslim extremist groups over such incidents as the September 11 attacks. AOG members will publicly profess their enthusiasm for mounting chemical and biological attacks. [Extremist Groups: Information for Students, 1/1/2006]

Entity Tags: Michael Bray, Army of God, Don Benny Anderson, Neal Horsley, Donald Spitz, James Kopp, Eric Robert Rudolph, United Nations

Timeline Tags: US Health Care, US Domestic Terrorism

The Supreme Court rules in INS v. Chadha that Congress has no right to issue what it calls “legislative vetoes,” essentially provisions passed by Congress giving the executive branch specific powers but with Congress reserving the right to veto specific decisions by the executive branch if it does not approve of the decisions made by the executive. Congress had relied on such “legislative vetoes” for years to curb the expanding power of the president. The Court strikes down hundreds of these “legislative vetoes” throughout federal law. Congress quickly schedules hearings to decide how to respond to the Court’s ruling. White House attorney John Roberts (see September 29, 2005), a young, fast-rising conservative, is one of a team of lawyers assigned to review the administration’s upcoming testimony before Congress. Some of the lawyers want to push Congress to place independent agencies such as the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) under White House control—part of the evolving “unitary executive” theory of presidential power (see April 30, 1986). Roberts writes: “With respect to independent agencies… the time may be ripe to reconsider the existence of such entities, and take action to bring them back within the executive branch.… I agree that the time is ripe to reconsider the Constitutional anomaly of independent agencies… More timid souls may, however, desire to see this deleted as provocative.” [Savage, 2007, pp. 256-257]

Entity Tags: Reagan administration, Food and Drug Administration, Federal Trade Commission, John G. Roberts, Jr, US Supreme Court

Timeline Tags: Civil Liberties

The Pensacola Ladies Center, in Pensacola, Florida, is twice firebombed by anti-abortion activists in what author and researcher Harvey Kushner will call “part of a well-coordinated attack that include[s] two private physicians’ offices.” [Kushner, 2003, pp. 38]

Entity Tags: Harvey Kushner, Pensacola Ladies Center

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism

Despite a well-documented pattern of escalating violence (see February 1977 or 1978, February 1978, 1979, January 1982, May 1982, August 1982, 1984, and 1984), FBI Director William Webster declares that the spate of clinic bombings and attacks by anti-abortionists does not conform to the federal definition of terrorism, and therefore is not a priority for federal investigation. [Kushner, 2003, pp. 38-39]

Entity Tags: Federal Bureau of Investigation, William H. Webster

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism

The cover of Joseph Scheidler’s ‘Closed.’The cover of Joseph Scheidler’s ‘Closed.’ [Source: Traditional Crusade (.org)]Two books are privately published by anti-abortion activists: Closed: 99 Ways to Stop Abortion, by Joseph Scheidler (see 1980), and The Abortion Buster’s Manual, by Kevin Sherlock. Sherlock’s book focuses on ways to identify and harass abortion providers, which anti-abortion activists have identified as the “weak link” in the “abortion industry,” and details legal means of harassment, including searching public records for malpractice lawsuits, criminal histories, or abortion-related deaths, which can be used as propaganda against the identified providers. Scheidler’s book discusses both legal and illegal ways to disrupt a clinic’s functions, including what he calls “aggressive sidewalk counseling sessions” (protesters screaming, shouting, and waving posters depicting bloody fetuses at clinic clients, among other “counseling” techniques), and full-scale clinic “blockades” using protesters and their vehicles. Scheidler also advocates harassing doctors and patients at their homes and workplaces. Both books will become “bibles” for anti-abortion activists. [Kushner, 2003, pp. 38-39]

Entity Tags: Joseph Scheidler, Kevin Sherlock

Timeline Tags: US Health Care, Domestic Propaganda

Joseph Scheidler, the president of the Pro-Life Action Network (PLAN—see 1980), and three PLAN members enter the Summit Women’s Health Clinic in Middletown, Delaware. Scheidler later says he is “casing the place,” according to court records. The day after the visit, protesters vandalize the clinic, seriously damaging equipment. [Ms. Magazine, 12/2002]

Entity Tags: Summit Women’s Health Clinic, Joseph Scheidler, Pro-Life Action League

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism

Justice Department lawyer Samuel Alito, a member of the department’s Litigation Strategy Working Group, writes a memo advocating the creation of a pilot project designed to increase the frequency and impact of presidential signing statements (see August 23, 1985 - December 1985 and October 1985). The rationale is to use signing statements to “increase the power of the executive to shape the law.” Alito focuses on the use of signing statements to parallel the legislative history of a bill, a relatively modest view, but still recognizes the potentially revolutionary nature of the idea. He writes that signing statements must be used incrementally, so as not to draw undue attention from civil libertarians and key Congressional members. “[D]ue to the novelty of the procedure and the potential increase of presidential power,” he writes, “[C]ongress is likely to resent the fact that the president will get the last word on questions of interpretation.” Alito suggests that President Reagan begin issuing signing statements only on bills affecting the Justice Department, and later issue such statements for bills that affect other areas of the federal government. “As an introductory step, our interpretative statements should be of moderate size and scope,” he writes. “Only relatively important questions should be addressed. We should concentrate on points of true ambiguity, rather than issuing interpretations that may seem to conflict with those of Congress. The first step will be to convince the courts that presidential signing statements are valuable interpretive tools.” President Reagan will issue signing statements that challenge, interpret, or actually rewrite 95 sections of bills, far more than any other president. His successor, George H. W. Bush, will challenge 232 sections of bills. [Savage, 2007, pp. 233-234]

Entity Tags: Litigation Strategy Working Group, George Herbert Walker Bush, Samuel Alito, US Department of Justice, Ronald Reagan

Timeline Tags: Civil Liberties

Members of the Pro-Life Action Network (PLAN—see 1980 and 1986) enter a women’s health clinic, the Pensacola Ladies Center, in Pensacola, Florida. They attack the clinic administrator, throwing her down the stairs; attack and injure an official of the National Organization for Women (NOW); blockade the clinic; and wreck medical equipment. During the attack, PLAN president Joseph Scheidler stands outside, praising the attackers and publicly claiming credit for the incident. The clinic will close for several days for repairs. [National Organization for Women, 9/2002] The Ladies Center was firebombed twice in 1984 by anti-abortion activists (see 1984). [Kushner, 2003, pp. 38] One of the protesters who takes part in the blockade and assault is James Kopp, who in 1998 will murder an abortion provider (see October 23, 1998). [Womens eNews, 3/30/2001]

Entity Tags: Pensacola Ladies Center, Joseph Scheidler, James Kopp, Pro-Life Action League, National Organization for Women

Timeline Tags: US Health Care, US Domestic Terrorism

Edwin Meese.Edwin Meese. [Source: GQ (.com)]Attorney General Edwin Meese receives a report, “Separation of Powers: Legislative-Executive Relations.” Meese had commissioned the report from the Justice Department’s Domestic Policy Committee, an internal “think tank” staffed with hardline conservative scholars and policy advisers.
Recommendations for Restoring, Expanding Executive Power - The Meese report approvingly notes that “the strong leadership of President Reagan seems clearly to have ended the congressional resurgence of the 1970s.” It lays out recommendations for restoring the power taken from the executive branch after Watergate and Vietnam, and adding new powers besides. It recommends that the White House refuse to enforce laws and statutes that “unconstitutionally encroach upon the executive branch,” and for Reagan to veto more legislation and to use “signing statements” to state the White House’s position on newly passed laws. It also assails the 1972 War Powers Resolution and other laws that limit presidential power.
Reinterpreting the Separation of Powers and the Concept of 'Checks and Balances' - Perhaps most importantly, the Meese report claims that for 200 years, courts and scholars alike have misunderstood and misinterpreted the Founders’ intentions in positing the “separation of powers” system (see 1787 and 1793). The belief that the Constitution mandates three separate, co-equal branches of government—executive, judicial, and legislative—who wield overlapping areas of authority and work to keep each of the other branches from usurping too much power—a concept taught in school as “checks and balances”—is wrong, the report asserts. Instead, each branch has separate and independent sets of powers, and none of the three branches may tread or encroach on the others’ area of responsibility and authority. “The only ‘sharing of power’ is the sharing of the sum of all national government power,” the report claims. “But that is not joint shared, it is explicitly divided among the three branches.” According to the report, the White House should exercise total and unchallenged control of the executive branch, which, as reporter and author Charlie Savage will later explain, “could be conceived of as a unitary being with the president as its brain.” The concept of “checks and balances” is nothing more than an unconstitutional attempt by Congress to encroach on the rightful power of the executive. This theory of presidential function will soon be dubbed the “unitary executive theory,” a title adapted from a passage by Alexander Hamilton in the Federalist Papers. [Savage, 2007, pp. 47-48] Charles Fried, Reagan’s solicitor general during the second term, will later write that though the unitary executive theory displays “perfect logic” and a “beautiful symmetry,” it is difficult to defend, because it “is not literally compelled by the words of the Constitution. Nor did the framers’ intent compel this view.” [Savage, 2007, pp. 50]

Entity Tags: Charles Fried, Reagan administration, Domestic Policy Committee, US Department of Justice, Ronald Reagan, Edwin Meese, Charlie Savage

Timeline Tags: Civil Liberties

National Organization for Women logo.National Organization for Women logo. [Source: National Organization for Women]The National Organization for Women (NOW) files a lawsuit against Joseph Scheidler, Scheidler’s organization Pro-Life Action Network (PLAN—see 1980), and other anti-abortion organizations. NOW is joined in the suit by the Delaware Women’s Health Organization and the Pensacola Ladies Center (see March 26, 1986), and later the Summit Women’s Health Organization (see 1986). The lawsuit is part of a strategy devised by NOW president Eleanor Smeal to use federal antitrust laws to charge Scheidler and others with being part of a nationwide criminal conspiracy to close women’s health clinics through the use of violence and terror. The suit becomes known as NOW v. Scheidler. [National Organization for Women, 9/2002; Ms. Magazine, 12/2002] The lawsuit seeks a nationwide injunction to stop the clinic invasions, and asks the courts to make those responsible for the attacks pay for the damage they caused. In 2002, the future president of NOW, Kim Gandy, will say of the lawsuit: “NOW decided we had to stop the violence. Scheidler and his gang were calling in blitzes—they would attack clinics without warning and hold staff and patients hostage. Clinics were being blockaded and invaded. If we did not act, we thought clinics would not be able to stay open.” NOW attorney Fay Clayton will say the case seeks “to ensure that the constitutional right [to abortion] recognized [in 1973] would exist not just in theory, but in reality.” According to a 2002 Ms. Magazine report, the case only targets anti-abortion protesters who engage in criminal acts such as criminal trespass, assault, and conspiracy to block access to clinics. It makes no effort to halt peaceful protests as protected by the First Amendment. The lawsuit claims that PLAN and others engaged in what the federal racketeering law prohibits: namely, a “pattern of racketeering activity,” including the use of fear, force, and violence, in order to prevent people from receiving and providing legal abortions. Clayton maintains that the actions met the legal definition of organized crime. [Ms. Magazine, 12/2002]

Entity Tags: Summit Women’s Health Organization, Fay Clayton, Eleanor Smeal, Delaware Women’s Health Organization, Joseph Scheidler, Pro-Life Action League, Kim Gandy, Pensacola Ladies Center, National Organization for Women

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism

A federal appeals court rules 2-1 in favor of Theodore Olson, the former head of the Justice Department’s Office of Legal Counsel, who has refused to comply with a subpoena issued as part of an independent counsel’s investigation into political interference at the Environmental Protection Agency (EPA). Olson’s position is that the independent counsel is illegal under the Constitution, as interpreted by the so-called “unitary executive theory” (see April 30, 1986). One of the appellate court judges, Carter appointee Ruth Bader Ginsberg, argues that the independent counsel law is perfectly constitutional, and fits with the Founding Fathers’ vision of a system of “checks and balances” among the three governmental branches. But Reagan appointees Laurence Silberman and Stephen Williams outvote Ginsberg. Silberman, who writes the majority opinion, is a longtime advocate of increased executive power, and calls the independent counsel law “inconsistent with the doctrine of a unitary executive.” The Supreme Court will strike down Silberman’s ruling (see June 1988), but the independent counsel will not bring charges against Olson. [Savage, 2007, pp. 46-49]

Entity Tags: Office of Legal Counsel (DOJ), Environmental Protection Agency, Laurence Silberman, Stephen Williams, Theodore (“Ted”) Olson, US Supreme Court, Ruth Bader Ginsberg

Timeline Tags: Civil Liberties

A number of anti-abortion protesters, including many members of Operation Rescue (see 1986), are arrested outside the Democratic National Convention in Atlanta, Georgia. They spend several weeks together in jail, and it is believed that while there, many of them join the “Army of God,” an anti-abortion organization devoted to using violence to prevent abortions (see 1982 and August 1982). One of the jailed protesters is James Kopp, who in 1998 will murder an abortion doctor (see October 23, 1998). Others include Lambs of Christ leader Norman Weslin; Rachelle “Shelley” Shannon, who will later shoot another abortion doctor (see August 19, 1993); and John Arena, who will later be charged with using butyric acid to attack abortion clinics and providers. According to government documents, Kopp is already a leader of the Army of God, and may recruit new members during his stay in jail. [Extremist Groups: Information for Students, 1/1/2006; National Abortion Federation, 2010]

Entity Tags: James Kopp, Rachelle (“Shelley”) Shannon, Army of God, Lambs of Christ, Operation Rescue, John Arena, Norman Weslin

Timeline Tags: US Health Care, US Domestic Terrorism

The National Organization for Women (NOW) expands its NOW v. Scheidler lawsuit against anti-abortion activists to include Randall Terry and Operation Rescue, a “spin-off” organization (see 1986) of another defendant in the lawsuit, the Pro-Life Action Network (PLAN—see 1980 and 1986). Terry and Operation Rescue routinely blockade abortion clinics, sometimes using physical force. [National Organization for Women, 9/2002]

Entity Tags: Randall Terry, Operation Rescue, Pro-Life Action League, National Organization for Women

Timeline Tags: US Health Care, US Domestic Terrorism

The National Organization for Women (NOW) expands its lawsuit against anti-abortion advocates (see June 1986), adding charges of extortion and violation of federal racketeering laws. NOW brings charges under the Racketeering Influenced and Corrupt Organizations (RICO) Act, a law originally designed to address organized crime. [National Organization for Women, 9/2002]

Entity Tags: National Organization for Women

Timeline Tags: US Health Care, US Domestic Terrorism

The newly appointed general counsels of each executive branch receive a memo from William Barr, the new head of the Justice Department’s Office of Legal Counsel (OLC). The memo, entitled “Common Legislative Encroachments on Executive Branch Authority,” details the top 10 ways in which, in Barr’s view, Congress tries to interfere with executive branch powers. The list includes:
bullet “4. Micromanagement of the Executive Branch”;
bullet “5. Attempts to Gain Access to Sensitive Executive Branch Information”;
bullet “9. Attempts to Restrict the President’s Foreign Affairs Powers.”
The memo unequivocally endorses the “unitary executive theory” of the presidency (see April 30, 1986), despite that theory’s complete rejection by the Supreme Court (see June 1988). Barr also reiterates the belief that the Constitution requires the executive branch to “speak with one voice”—the president’s—and tells the general counsels to watch for any legislation that would protect executive branch officials from being fired at will by the president, one of the powers that Barr and other unitary executive proponents believe has been illegally taken by Congress. “Only by consistently and forcefully resisting such congressional incursions can executive branch prerogatives be preserved,” Barr writes. Reflecting on Barr’s arguments, law professor Neil Kinkopf, who will later serve in the OLC under President Clinton, will later write: “Never before had the Office of Legal Counsel… publicly articulated a policy of resisting Congress. The Barr memo did so with belligerence, staking out an expansive view of presidential power while asserting positions that contradicted recent Supreme Court precedent. Rather than fade away as ill-conceived and legally dubious, however, the memo’s ideas persisted and evolved within the Republican Party and conservative legal circles like the Federalist Society.” [Savage, 2007, pp. 57-59]

Entity Tags: Federalist Society, Neil Kinkopf, US Department of Justice, William P. Barr, Office of Legal Counsel (DOJ), Republican Party

Timeline Tags: Civil Liberties

1990: Ali Mohamed Becomes Informant for FBI

Ali Mohamed, an al-Qaeda operative recently discharged from the US army (see November 1989), becomes an informant for the FBI. He applies to be an translator at FBI offices in Charlotte, North Carolina, and San Francisco, and is turned down. However, the San Francisco office hires him to be an informant to help expose a local document forging conspiracy that possibly involves members of Hamas. [Miller, Stone, and Mitchell, 2002, pp. 144] Mohamed will continue to have connections with the FBI for much of the rest of the 1990s while also running an al-Qaeda cell in California.

Entity Tags: Ali Mohamed, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

A court dismisses a lawsuit, NOW v. Scheidler, brought by the National Organization for Women against anti-abortion advocates (see June 1986). [National Organization for Women, 9/2002] The lawsuit will be reinstated five years later (see September 22, 1995).

Entity Tags: National Organization for Women

Timeline Tags: US Health Care, US Domestic Terrorism

In an unusually fiery speech, President George H. W. Bush tells an audience at Princeton University that he does not hold with Congressional attempts to limit presidential power. “The most common challenge to presidential powers comes from a predictable source,” he says, “the United States Congress.” Bush accuses lawmakers of trying to “micromanage” executive branch decisions, particularly in foreign policy (see July 27, 1989). He denounces Congress for attempting to, in his view, accumulate power at the expense of the executive branch by making excessive and unwarranted demands for information, and by “writing too-specific directions for carrying out a particular law.” Six of the 20 vetoes he has cast were to defend the presidency against such meddling, he asserts. And he criticizes Congress for passing bills containing indefensible earmarks and spending provisions; to curb such excesses, he demands a line-item veto. But he tempers his remarks: “The great joy and challenge of the office I occupy,” he concludes, “is that the president serves, not just as the unitary executive (see April 30, 1986), but hopefully as a unifying executive.” [Savage, 2007, pp. 59]

Entity Tags: George Herbert Walker Bush

Timeline Tags: Civil Liberties

Anti-abortion protesters gather on a street corner in Wichita.Anti-abortion protesters gather on a street corner in Wichita. [Source: Patriotic Thunder (.org)]Anti-abortion organization Operation Rescue (see 1986), under the new leadership of the Reverend Keith Tucci, conducts a seven-week occupation of three women’s clinics in Wichita, Kansas. Some 2,700 activists and protesters are arrested during the course of events. [Associated Press, 7/5/1993; Kushner, 2003, pp. 38-39] The occupation is part of what the organization calls the “Summer of Mercy,” which involves a series of clinic blockades, occupations, and harassment of abortion providers, clinic staff, and patients. The event lasts six weeks, and culminates in a rally that fills Wichita’s Cessna Stadium and features conservative Christian activist Dr. James Dobson. One of the clinics targeted is operated by Dr. George Tiller; Tiller will be shot by an anti-abortion activist in 1993 (see August 19, 1993) and murdered by another in 2009 (see May 31, 2009). [Associated Press, 7/5/1993] Some of the Operation Rescue members arrested face charges for attacking police officers trying to keep order at the clinics. Tucci and two other anti-abortion organization leaders, the Reverends Pat Mahoney and Joe Slovenec, are jailed until they agree to comply with Judge Patrick Kelly’s order not to blockade the clinics. Two other Operation Rescue leaders, Randall Terry and Michael McMonagle, are ordered along with Tucci, Mahoney, and Slovenec to leave Wichita; when they refuse to comply with Kelly’s initial order to stop the blockades after agreeing to it, Kelly observes, “You are learning for the first time, I think, that you can’t trust a damned thing they say.” Mahoney retorts, “Hell will freeze over before I surrender my constitutional rights.” He, Tucci, and Slovenec promise to return to Wichita despite the court orders and again protest at the clinics. [Associated Press, 8/31/1991; Associated Press, 7/5/1993] The Bush administration attempts to derail Kelly’s curbing of the anti-abortion activities; the Justice Department files a “friend of the court” brief challenging Kelly’s jurisdiction in the case. “The position we have taken before the Supreme Court of the United States is that the courts do not have jurisdiction, that it is a matter properly handled in state and local courts,” says Attorney General Richard Thornburgh. [Newport News Daily Press, 8/9/1991]

Entity Tags: Richard Thornburgh, US Department of Justice, Patrick Kelly, Operation Rescue, Michael McMonagle, Bush administration (41), George Tiller, James Dobson, Joe Slovenec, Keith Tucci, Pat Mahoney, Randall Terry

Timeline Tags: US Health Care, US Domestic Terrorism

Author Terry Eastland, the editor of Forbes Media Critic and a fellow with the Ethics and Public Policy Center, publishes Energy in the Executive: The Case for the Strong Presidency. The book makes an impassioned case for the “unitary executive” theory of the presidency (see April 30, 1986). In essence, Eastland’s argument is that a strong presidency, combined with a much diluted Congress and Supreme Court, is the best way for conservatives to achieve their aims. While traditional conservatives tend to reject this theory as unacceptably authoritarian, many others on the right—neoconservatives, social conservatives, the religious right, and other groups—have embraced the concept. Author and former Nixon White House counsel John Dean will call Eastland’s arguments “weak… deeply flawed as history and constitutional law, and closer to cheerleading for presidential hubris, excessive secrecy, and monarchical-like authority than a solid justification for a strong presidency.” [Dean, 2007, pp. 100-106]

Entity Tags: John Dean, Terry Eastland

Timeline Tags: Civil Liberties

Dr. Pablo Rodriguez, a Rhode Island doctor and abortion provider, will later discuss the harassment he and his family suffer at the hands of anti-abortion activists during this time. Rodriguez will say that the harassment escalates to a terrifying level after the murder of Dr. David Gunn by an anti-abortion activist (see March 10, 1993). “[I]n the beginning, the harassment consisted of just nasty letters and graphic pictures of dismembered fetuses,” he will say. “Then I began receiving strange packages with dolls inside, as well as subscriptions to gun magazines.… Then the ‘Wanted’ posters with my picture on them began to appear (see 1995 and After).… Then the doors and locks to our clinic were glued several times (see Early 1980s), and protesters blockaded the clinic three times (see 1985).… Just after Dr. Gunn’s death… I realized that my car was steering poorly. I checked my tires and found 45 nails embedded in them.… That evening, my wife painfully discovered with her foot that our driveway had been booby-trapped with roofing nails cleverly buried beneath the snow.… My home, my haven of safety—violated.” [Providence Journal, 11/17/2001; Sarah Jones, 10/20/2010] In 2000, Rodriguez will write an essay about a stint in an unnamed South American country, where he will perform illegal abortions for indigent tribespeople and citizens. [Carole Joffe, 2000; Metro Catholic, 11/10/2010]

Entity Tags: Pablo Rodriguez, David Gunn

Timeline Tags: US Health Care, US Domestic Terrorism

Eleanor Smeal, the president of the Feminist Majority Foundation (FMF), holds a press conference at the National Press Club in Washington, DC, to highlight the need for more volunteers to protect women’s clinics. At the conference, Texas clinic owner Marilyn Chrisman Eldridge describes the extensive damage wrought after anti-abortion activists set her Corpus Christi clinic on fire; the fire destroyed not only her clinic but seven neighboring businesses. She concludes by telling the gathered reporters: “I cannot close without telling you that whenever I turn the key in the ignition of my car, I worry that a bomb might go off. The hatred of the antis [anti-abortion protesters] is such that I fear I will be murdered. That is how bad it is getting.” Patricia Baird-Windle, owner of the Aware Woman Centers for Choice in central Florida, describes how activists trained by Operation IMPACT (see June 6, 1993) have verbally and physically harassed her staffers and her patients. She concludes: “You must not think that these protesters are all peaceful, religious people are misguided and rude, perhaps, but harmless. The hardcore group arrayed against us is paid. Domestic terrorism is their job. They are extortionists pure and simple.” Baird-Windle will later describe the reporters as largely “disengaged” and uninterested in exploring “the prophesy of impending violence that we had handed to them.” [Baird-Windle and Bader, 2001, pp. xiv-xviii] Days later, Florida abortion provider Dr. David Gunn will be murdered (see March 10, 1993).

Entity Tags: Marilyn Chrisman Eldridge, Aware Woman Centers for Choice, David Gunn, Eleanor Smeal, Feminist Majority Foundation, Patricia Baird-Windle

Timeline Tags: US Health Care, US Domestic Terrorism

A prison photo of Michael Griffin.A prison photo of Michael Griffin. [Source: Bonnie's Life of Crime (.com)]Dr. David Gunn, a women’s doctor and abortion provider in Pensacola, Florida, is shot to death by anti-abortion advocate Michael Griffin, while members of the anti-abortion organization Rescue America protest outside his clinic. The protesters scream, chant, and wave signs declaring, “David Gunn Kills Babies.” Griffin steps forward from a group of protesters, yells, “Don’t kill any more babies!” and fires three shots into Gunn’s back as he is exiting his car. Gunn dies during surgery at a nearby hospital. Griffin informs police that he shot Gunn with a .38 revolver he is carrying, and surrenders to police officers without incident. Steve Powell, an employee at the office park which houses the clinic, later tells reporters that the Rescue America protesters seemed “just happy” after the shooting. Gunn had just opened the clinic a month before, and commuted to work from his home in Eufaula, Alabama. Gunn’s is one of two clinics providing abortions in Pensacola; the city also houses three “abortion counseling” facilities, operated by anti-abortion groups whose objective is to convince women not to have abortions. Gunn has received threats for several years, but in recent months the threats have become more dire. Recently, anti-abortion group Operation Rescue (OR—see 1986) featured Gunn in a “Wanted” poster (see 1995 and After) distributed in Montgomery, Alabama; the poster included Gunn’s photo, home phone number, and other identifying information. OR spokeswoman Margeaux Farrar says the organization knows nothing about the posters and did not print them. The Reverend Joseph Foreman, one of the group’s founders, says Gunn’s murder is just the beginning if the government continues to try to “silence” anti-abortion protesters. Foreman tells reporters, “I’ve been saying for years that if the government insists on suppressing normal and time-honored dissent through injunctions, it turns the field over to the rock-throwers, the bombers, and the assassins.” Many of Griffin’s colleagues and fellow protesters will argue that Gunn’s murder was “justifiable.” Many of those advocates are members of a newly formed organization, the American Coalition of Life Activists (ACLA—see July 1993). [Washington Post, 3/11/1993; Ms. Magazine, 12/2002; Kushner, 2003, pp. 39; CBS News, 4/19/2007] Griffin will be represented by Florida lawyer Joe Scarborough at some court proceedings, though Scarborough will not represent him at his actual trial. Scarborough (R-FL) will go on to represent his Florida district in the US House of Representatives. [New York Times, 10/25/1994]

Entity Tags: Joseph Foreman, Rescue America, Joseph Scarborough, David Gunn, American Coalition of Life Activists, Michael Griffin, Steve Powell, Operation Rescue, Margeaux Farrar

Timeline Tags: US Health Care, US Domestic Terrorism

Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb.Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb. [Source: National Geographic]Eight people are arrested, foiling a plot to bomb several New York City landmarks. The targets were the United Nations building, 26 Federal Plaza, and the Lincoln and Holland tunnels. This is known as the “Landmarks” or “Day of Terror” plot. The plotters are connected to Ramzi Yousef and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. If the bombing, planned for later in the year, had been successful, thousands would have died. An FBI informant named Emad Salem had infiltrated the group, gathering information that leads to arrests of the plotters (see April 23, 1993). [US Congress, 7/24/2003] Abdul-Rahman will eventually be sentenced to life in prison for a role in the plot. Nine others will be given long prison terms, including Ibrahim El-Gabrowny and Clement Rodney Hampton-El. [New York Times, 1/18/1996] Siddig Siddig Ali, who was possibly the main force behind the plot (see April 23, 1993), will eventually be sentenced to only 11 years in prison because he agreed to provide evidence on the other suspects [New York Times, 10/16/1999]

Entity Tags: Ramzi Yousef, Siddig Siddig Ali, Ibrahim El-Gabrowny, Clement Rodney Hampton-El, Emad Salem, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

ACLA protester advocates the ‘execution’ of abortion providers.ACLA protester advocates the ‘execution’ of abortion providers. [Source: Ms. Magazine]Former Presbyterian minister Paul Hill, an outspoken opponent of abortion, writes what he calls a “Defensive Action Statement” justifying the murder of abortion doctor David Gunn by anti-abortion activist Michael Griffin (see March 10, 1993). Hill and many like-minded anti-abortion activists split from the larger network of organizations to form the explicitly violent American Coalition for Life Activists (ACLA). A year later, Hill will murder a Florida doctor and his bodyguard (see July 29, 1994). [Kushner, 2003, pp. 39] The statement reads: “We, the undersigned, declare the justice of taking all godly action necessary to defend innocent human life including the use of force. We proclaim that whatever force is legitimate to defend the life of a born child is legitimate to defend the life of an unborn child. We assert that if Michael Griffin did in fact kill David Gunn, his use of lethal force was justifiable provided it was carried out for the purpose of defending the lives of unborn children. Therefore, he ought to be acquitted of the charges against him.” The statement is signed by Hill and a number of other anti-abortion activists, including Michael Bray (see September 1994) and Donald Spitz, the leader of the extremist organization Army of God (see 1982). It is published on the Army of God’s Web site. [Army of God, 7/1993]

Entity Tags: Michael Griffin, American Coalition for Life Activists, Army of God, David Gunn, Donald Spitz, Michael Bray, Paul Hill

Timeline Tags: US Health Care, US Domestic Terrorism

The anti-abortion organization Operation Rescue (OR—see 1986) targets abortion and women’s clinics in seven states, as part of a 10-day event it calls “Cities of Refuge.” It intends to close or disrupt clinics in Cleveland, Ohio; Minneapolis-St. Paul, Minnesota; San Jose, California; Philadelphia, Pennsylvania; Dallas-Fort Worth, Texas; Jackson, Mississippi; and several cities in central Florida. The event harks back to the 1991 “Summer of Mercy,” which blockaded three clinics in Wichita, Kansas, for 46 days (see July-August 1991), and a smaller blockade in Buffalo, New York, in 1992. City councils and police officials in Cleveland, San Jose, Philadelphia, and St. Paul are taking measures to ensure the safety of doctors, staff members, and patients; Philadelphia police officer John Norris says, “We’re ready for anything that comes down the pike.” Activist Eric Johns and his wife Michelle are in Jackson preparing for the protests. He tells reporters: “We hope to put these places out of business, expose abortionists to their community, embarrass them for what they do, expose staff workers at these places, and eventually shut down the whole isly abortion industry in the state of Mississippi. I think I have a biblical responsibility and am commanded by God [sic] to do what I’m doing.” Jeanie Hollis of the Mississippi Women’s Medical Clinic in Jackson responds: “They will not close us down. If a patient wants an abortion, we will figure out a way to get them in the clinic.” Dianne Straus of the Cherry Hill, New Jersey, Women’s Center says she fears more anti-abortion violence, and recalls the recent murder of a Florida abortion provider, Dr. David Gunn (see March 10, 1993). [Associated Press, 7/5/1993; Orlando Sentinel, 7/19/1993] As a result of the protests, Florida Judge John Rudd sentences OR leader Keith Tucci to a month in jail for violating a court order during a protest, and blames Tucci for a number of other “good people” being arrested. Rudd actually gives Tucci six months in jail, but suspends the remainder of the sentence on the condition that Tucci obey the court order not to demonstrate inside a “buffer zone” around the Aware Woman Center for Choice in Melbourne, Florida. Rudd also finds 38 other anti-abortion protesters guilty of criminal contempt, and gives them each six months’ probation. Rudd notes an instance in a videotape from one of the protests, when Tucci screamed that a police officer was hurting his two-year-old child; the officer actually placed a protective hand on the child’s back. Rudd accuses Tucci of “hypocrisy and showmanship.” Tucci calls the verdicts an injustice. [Orlando Sentinel, 7/10/1993] A dozen OR activists are arrested in Dallas, after ignoring police orders to stop blocking access to a Dallas woman’s clinic [Orlando Sentinel, 7/14/1993] , and several hundred are arrested in Philadelphia. [Orlando Sentinel, 7/19/1993]

Entity Tags: Michelle Johns, Eric Johns, Jeanie Hollis, Dianne Straus, Aware Woman Clinic for Choice, John Rudd, Keith Tucci, Mississippi Women’s Medical Clinic, Operation Rescue, John Norris

Timeline Tags: US Health Care, US Domestic Terrorism

Dr. George Tiller, a women’s health doctor and abortion provider, is shot once in each arm outside the Women’s Health Care Services clinic in Wichita, Kansas, by anti-abortion activist Rachelle “Shelley” Shannon. Shannon has a long history of violent attacks against abortion clinics on the West Coast, using both fire and acid to disrupt or close women’s health care clinics. [Washington Post, 1998; Kushner, 2003, pp. 39] Shannon is a member of the violent anti-abortion group Army of God (see 1982). After her arrest, she will tell authorities that her attempt to murder Tiller was a means of “enforcing God’s will.” Police will find a copy of the secret “Army of God Manual” (see Early 1980s) buried in her backyard. [Extremist Groups: Information for Students, 1/1/2006] In 2009, Tiller will be murdered by another anti-abortion activist (see May 31, 2009).

Entity Tags: Women’s Health Care Services, George Tiller, Rachelle (“Shelley”) Shannon, Army of God

Timeline Tags: US Health Care, US Domestic Terrorism

Dr. George Patterson, a woman’s health doctor in Mobile, Alabama, is shot to death behind a downtown X-rated movie theater. Patterson owns and operates four abortion clinics in Florida and Alabama. His murder comes two days after a Kansas abortion provider, Dr. George Tiller, was shot (see August 19, 1993), and Patterson owns the Pensacola, Florida, clinic where Dr. David Gunn was murdered (see March 10, 1993). Patterson had taken over Gunn’s duties in the Pensacola clinic. Patterson’s wallet is not taken, leading police to believe the shooting was politically motivated and not the result of a robbery. Anti-abortion activist Paul Hill of Pensacola says that whether or not Patterson’s murder had anything to do with his abortion provisions, “the killing has stopped, and so it had the desired result.” Hill will himself murder another abortion provider less than a year later (see July 29, 1994). Witnesses tell police that Patterson, who frequented the theater, got into an altercation with another man as that man stood near Patterson’s car. The man fired a pistol shot into the ground, witnesses say, the two struggled, and then the man shot Patterson in the neck. The man jumped into Patterson’s Cadillac, but quickly got out, leapt into his own car, and drove away. Abortion advocates say Patterson liked to keep out of the public eye; Dr. Bruce Lucero, another Alabama abortion provider, says that Patterson “urged me to take a lower profile and said bad things happened to people who were too visible.” Still, Patterson’s clinic had been the frequent target of anti-abortion protests. One member of a protest group, Vicki Kline of Alabama Citizens for Life, says: “I didn’t know him by sight, but just that he did a lot of abortions. I certainly wouldn’t wish him ill, and in fact I prayed for his conversion for a number of years. But I guess he who lives by the sword perishes by the sword.” Two weeks later, Winston McCoy of nearby Eight Mile is arrested for Patterson’s murder. Investigators say they can find no evidence of a connection between Patterson’s murder and his medical practice. [New York Times, 8/29/1993; Associated Press, 9/5/1993]

Entity Tags: George Tiller, Alabama Citizens for Life, Bruce Lucero, George Patterson, Vicki Kline, David Gunn, Winston McCoy, Paul Hill

Timeline Tags: US Health Care

President Clinton signs the Freedom of Access to Clinic Entrances (FACE) Act into law. The law provides for the legal protection of abortion clinics and women’s health clinics against violence perpetuated against them. The law was proposed after an abortion provider, Dr. David Gunn, was shot to death in Florida in 1993 (see March 10, 1993); that same year, 12 arsons, one bombing, and 66 blockades were carried out against abortion clinics. FACE forbids the use of “force, threat of force, or physical obstruction” to prevent someone from providing or receiving reproductive health services. The law also provides for both criminal and civil penalties for those who break the law. [US Department of Justice, 7/25/2008; National Abortion Federation, 2010] The FACE Act works in concert with two Supreme Court decisions, Madsen v. Women’s Health Center and NOW et al v. Scheidler to establish “buffer zones” around women’s clinics and allow anti-abortion organizations to be investigated under federal racketeering statutes. [Kushner, 2003, pp. 40] Signing the FACE Act into law, Clinton says, “We simply cannot—we must not—continue to allow the attacks, the incidents of arson, the campaigns of intimidation upon law-abiding citizens that [have] given rise to this law.” Clinton cites the murder of Gunn and the shooting of Dr. George Tiller (see August 19, 1993) as incidents that FACE is designed to address. He adds: “No person seeking medical care, no physician providing that care should have to endure harassments or threats or obstruction or intimidation or even murder from vigilantes who take the law into their own hands because they think they know what the law ought to be.” [Washington Independent, 6/12/2009] In 2010, the National Abortion Federation will note that while FACE “has had a clear impact on the decline in certain types of violence against clinics and providers, specifically clinic blockades,” violence against abortion clinics and abortion providers has continued. [National Abortion Federation, 2010]

Entity Tags: Freedom of Access to Clinic Entrances Act, National Abortion Federation, William Jefferson (“Bill”) Clinton

Timeline Tags: US Health Care, US Domestic Terrorism

During this six-month period, 52 percent of the women’s health clinics providing abortions in the US are subjected to violence, including arson, bombings, and shootings (see July 29, 1994, September 1994, and December 30, 1994 and After). Numerous abortion clinics and providers in Canada are also targeted by anti-abortion activists (see November 8, 1994). According to author and researcher Harvey Kushner, anti-abortion extremists escalated their violence against abortion providers because of the Clinton administration’s repeal of many anti-abortion regulations perpetuated by the Reagan and Bush administrations, and the passage of the FACE Act (see May 1994). [Kushner, 2003, pp. 39-40]

Entity Tags: Clinton administration, Harvey Kushner

Timeline Tags: US Health Care, US Domestic Terrorism

Paul Hill, speaking to reporters after his conviction for murder.Paul Hill, speaking to reporters after his conviction for murder. [Source: Trosch (.org)]Dr. John Britton, a physician and abortion provider, and volunteer security escort Jim Barrett, a retired Air Force colonel, are shot to death outside the Ladies Center in Pensacola, Florida, by Paul Hill, a leader of the radical anti-abortion group American Coalition for Life Activists (ACLA—see July 1993). [Washington Post, 1998; Kushner, 2003, pp. 39; Fox News, 9/3/2003] Eight years before, several officials at the same clinic were attacked by anti-abortion protesters (see March 26, 1986). Hill later says he was inspired by the 1993 murder of another Pensacola abortion provider, Dr. David Gunn (see March 10, 1993). He bought a new shotgun after the Gunn slaying, and practiced on a firing range. The morning of the murder, as Britton, Barrett, and Barrett’s wife June enter the clinic parking lot, Hill opens fire, shooting Barrett in the head and chest. He then reloads and shoots Britton and Barrett’s wife. Dr. Britton is fatally wounded in the head and chest, while Mrs. Barrett sustains wounds in her arm. Hill then puts the shotgun down to avoid being shot himself by police, and walks away from the scene. He is arrested within minutes, and tells officers, “I know one thing, no innocent babies are going to be killed in that clinic today.” [Fox News, 9/3/2003] Hill will be executed for his crimes in 2003 (see September 3, 2003).

Entity Tags: David Gunn, John Britton, June Barrett, Jim Barrett, Paul Hill

Timeline Tags: US Health Care, US Domestic Terrorism

The extremist Army of God anti-abortion organization (AOG—see 1982) issues what it terms a “Second Defensive Action Statement” on behalf of Paul Hill, who murdered an abortion provider and his bodyguard a month before (see July 29, 1994). The first “Defensive Action Statement” was written by Hill in support of another anti-abortion murderer (see July 1993). The statement, signed by over a dozen anti-abortion activists, reads: “We the undersigned, declare the justice of taking all godly action necessary, including the use of force, to defend innocent human life (born and unborn). We proclaim that whatever force is legitimate to defend the life of a born child is legitimate to defend the life of an unborn child. We declare and affirm that if in fact Paul Hill did kill or wound abortionist John Britton, and accomplices James Barrett and Mrs. Barrett, his actions are morally justified if they were necessary for the purpose of defending innocent human life. Under these conditions, Paul Hill should be acquitted of all charges against him.” [Army of God, 8/1994]

Entity Tags: Paul Hill, John Britton, June Barrett, Army of God, Jim Barrett

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism

The US Senate ratifies the international Convention Against Torture, originally proposed by the United Nations in 1985. The treaty bans any officials from signatory nations from inflicting “torture and other cruel, inhuman, or degrading treatment or punishment” on prisoners in order to gain information. It also establishes the UN Committee against Torture (UNCAT). The ban is absolute and cannot be waived: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of torture.” [United Nations High Commissioner for Human Rights, 12/10/1984; Savage, 2007, pp. 155] The treaty also forbids signatory nations from sending detainees to other countries if there is a reasonable expectation that they may be tortured. [United Nations High Commissioner for Human Rights, 12/10/1984; Human Rights Web, 1/25/1997]

Entity Tags: United Nations Committee against Torture, Convention Against Torture, United Nations

Timeline Tags: Civil Liberties

Andrew McCarthy.Andrew McCarthy. [Source: Front Page Magazine]In December 1994, defense attorney Roger Stavis is preparing to defend his client El Sayyid Nosair in the upcoming landmarks trial. He discovers the top secret US military training manuals found in Nosair’s house and begins investigating Ali Mohamed, the US soldier (and double agent) who stole the manuals and gave them to Nosair. Stavis wants to defend Nosair on the basis that since Nosair was trained by Mohamed, who worked for the CIA and US military, the US government should share culpability for Nosair’s crimes. He writes up a subpoena for Mohamed. Stravis later recalls, “I wanted him. And I tried everything to find him.” But Mohamed has disappeared and not even his wife in California knows where he is. However, US intelligence is secretly monitoring him (see Autumn 1993) and they know he is in Kenya. An FBI agent calls him there and tells him to come back to be interviewed. Mohamed immediately returns to the US and on December 9 he is interviewed by FBI agent Harlan Bell and Assistant US Attorney Andrew McCarthy, one of the prosecutors for the upcoming trial (see December 9, 1994). Mohamed stays in touch after the interview, for instance talking to McCarthy on the phone on December 22. But when the trial starts on January 30, 1995, Stavis is told that Mohamed cannot be found and never responded to the subpoena. In 1999, Ibrahim El-Gabrowny, Nosair’s cousin, will find himself in a jail cell next to Mohamed. El-Gabrowny will later allege that he asked why Mohamed never showed up in court to support Nosair. Mohamed supposedly responds that he did get the subpoena, but that McCarthy advised him to ignore it and not testify and that McCarthy would cover up for him. Had Mohamed testified, McCarthy would have had a more difficult time getting a conviction, and the revelations of Mohamed’s ties to the CIA, FBI, and US military would have been highly embarrassing. Author Peter Lance will later note also that had Mohamed testified in the high profile trial, he would have become too well known to continue working as an informant and double agent. [Lance, 2006, pp. 171-178]

Entity Tags: Roger Stavis, Peter Lance, Harlan Bell, Ali Mohamed, Andrew McCarthy, Ibrahim El-Gabrowny, El Sayyid Nosair, Khaled Abu el-Dahab

Timeline Tags: Complete 911 Timeline

The American Coalition of Life Activists (ACLA), an organization of anti-abortion advocates who called the 1993 murder of an abortion doctor “justifiable” (see March 10, 1993 and July 1993), launches a campaign it calls the “Deadly Dozen.” The ACLA releases Old West-style “unwanted” posters of 13 prominent abortion providers. Many of the posters include the providers’ work and home addresses. The targeted doctors say they are very aware that similar posters created by other anti-abortion organizations had preceded the murders of three of their colleagues, and call the campaign a “hit list.” The FBI offers protection to the 13 providers, and many of them begin wearing bulletproof vests and taking other security precautions. After the ACLA is named in a lawsuit to prevent it from publishing the material (see 1996), ACLA leaders give some of the “Deadly Dozen” data to Neal Horsley of Carrollton, Georgia, who posts the material on his “Nuremberg Files” Web site (see January 1997). The Web site names doctors and abortion rights supporters and calls for them to be tried for “crimes against humanity.” In later years, when an abortion provider is murdered, their name will appear on the site with a line through it. Horsley uses gray tape for the names of abortion providers or staff who have been wounded. The entire Web site is designed to look as if it is dripping in blood. [Ms. Magazine, 12/2002]

Entity Tags: American Coalition of Life Activists, Federal Bureau of Investigation, Neal Horsley

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism

Defense counsel for El Sayyid Nosair, one of the militants accused in the “Landmarks” bomb plot (see June 24, 1993) along with the “Blind Sheikh,” Sheikh Omar Abdul Rahman, applies for a missing witness instruction for double agent Ali Mohamed. The counsel, Roger Stavis, believes that it would benefit his client to have Mohamed testify, because Mohamed worked for militants connected to Abdul-Rahman as well as the FBI (see 1990), CIA (see 1984), and US army (see 1986). Therefore, Stavis might be able to use Nosair’s connection with Mohamed to convince the jury that Nosair was acting on the instructions of an agent of the US government. Stavis has been attempting to contact Mohamed with no success for some time, although the prosecution is in contact with him where he lives in California (see December 1994-January 1995). Under federal law, a trial judge can give a missing witness instruction if one party at a trial wants a witness to testify but cannot find him, whereas the other party can find him but does not seem to want him to testify. Based on such an instruction, the jury can then decide that the party that could find him, but did not get him to testify, did so deliberately because it thought the testimony would be damaging to it. Author Peter Lance will later comment that, given the circumstances, “Stavis had every right to expect that jury charge,” but Judge Michael Mukasey merely responds, “I don’t think a missing witness charge on that gentleman is warranted and I am not going to give one.” Lance will comment that by failing to grant the missing witness instruction, Mukasey helps “bury the significance” of Mohamed, and conceal his role in Islamic militancy from the public. [Lance, 2006, pp. 208; Raw Story, 9/25/2007] President Bush will later appoint Mukasey to be the US attorney general (see November 8, 2007).

Entity Tags: Michael Mukasey, El Sayyid Nosair, Peter Lance, Roger Stavis, Ali Mohamed

Timeline Tags: Complete 911 Timeline

District Court Judge David Coar reverses earlier court decisions and reinstates a lawsuit filed by the National Organization for Women (NOW) against anti-abortion advocates (see June 1986). NOW president Patricia Ireland says, “We’re thrilled and anti-abortion terrorists ought to be shaking in their boots.” The ruling allows NOW to investigate defendants’ recent actions, including murders and attempted murders by anti-abortion activists (see August 19, 1993 and July 29, 1994). [National Organization for Women, 9/22/1995; National Organization for Women, 9/2002]

Entity Tags: Patricia Ireland, National Organization for Women, David Coar

Timeline Tags: US Health Care, US Domestic Terrorism

A Texas jury awards Dr. Norman Tompkins and his wife Carolyn damages of $8.6 million, in a lawsuit the couple filed against anti-abortion activists. The organizations Operation Rescue, Missionaries to the Pre-Born, and the Dallas chapter of the Pro-Life Action Network (PLAN—see 1980 and 1986) were found liable in over 10 months of harassment against the couple. During that time, anti-abortion activists picketed the family’s home and offices; followed them to social events, church, and elsewhere; distributed fliers calling Tompkins a murderer; and were overheard by neighbors talking about shooting Tompkins. They left frequent anonymous threats on the family’s answering machine; one such message said in part: “I’m going to cut your wife’s liver out and make you eat it. Then I’m going to cut your head off.” Dr. Tompkins, an obstetrician/gynecologist, eventually quit his practice and the couple moved from their Dallas home. The defendants are liable for $3.6 million in punitive damages, $2.25 million for intentionally inflicting emotional distress, and $2.8 million for invading the Tompkins’ privacy. [Newport News Daily Press, 10/29/1995; National Organization for Women, 1/1996; Sarah Jones, 10/20/2010]

Entity Tags: Norman Tompkins, Missionaries to the Pre-Born, Operation Rescue, Pro-Life Action League, Carolyn Tompkins

Timeline Tags: US Health Care, US Domestic Terrorism

The Justice Department ends its two-year grand jury investigation into possible conspiracies behind abortion clinic violence (see 1986, March 26, 1986, June 1986, March 10, 1993, 1995 and After, and 1996). The jury finds no evidence of any national conspiracy to commit violence on the part of anti-abortion organizations. However, Nation reporter Bruce Shapiro will write in 2001 that the evidence unearthed by the FBI’s investigation in a 1998 abortion doctor murder (see October 23, 1998 and March 17-18, 2003) proves the existence of just such a conspiracy. [Nation, 4/23/2001]

Entity Tags: US Department of Justice, Bruce Shapiro

Timeline Tags: US Health Care, US Domestic Terrorism

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

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

A screenshot of Neal Horsley’s ‘Nuremberg Files’ Web site, showing murdered doctors with their names lined out.A screenshot of Neal Horsley’s ‘Nuremberg Files’ Web site, showing murdered doctors with their names lined out. [Source: MSNBC / Christian Gallery (.com)]Anti-abortion activist Neal Horsley posts a Web site he calls “The Nuremberg Files,” which lists the names, addresses, and phone numbers of some 200 abortion providers and clinic staff members. The site, sponsored by the American Coalition of Life Activists (ACLA—see 1995 and After), lists each person with one of three statuses: still working, wounded, or dead. Many observers and pro-choice activists will call the site a “hit list” targeting abortion providers for assassination (see October 23, 1998). [Kushner, 2003, pp. 40] Government documents also identify Horsley as a white supremacist and separatist, and the “webmaster” for the secessionist organization “Republic of Texas.” [Extremist Groups: Information for Students, 1/1/2006] In a 2001 documentary on the “Army of God,” an organization to which Horsley belongs (see 1982 and March 30, 2001), Horsley discusses his site’s treatment of murdered abortion provider Dr. Barnett Slepian (see October 23, 1998). Horsley will explain why, within hours of Slepian’s murder, the site depicts Slepian’s name with a line drawn through it: “Names in black are people who are working. The grayed-out names are people who have been wounded. And the strike-throughs, like Dr. Slepian, are people who have been killed. When I drew a line through his name, I said: ‘See, I told ya. There’s another one. How many more is it gonna take?’ The evidence is at hand. There are people out there who [will] go out and blow their brains out.” [Womens eNews, 3/30/2001]

Entity Tags: Barnett Slepian, American Coalition of Life Activists, Army of God, Neal Horsley

Timeline Tags: US Health Care, US Domestic Terrorism

District Court Judge David Coar rules that NOW v. Scheidler, a lawsuit brought by the National Organization of Women (NOW) against anti-abortion advocates (see June 1986 and September 22, 1995), can be designated as a “class-action” lawsuit. Coar certifies NOW as the class representative of not only all NOW members but all women “whose rights to the services of women’s health centers in the United States at which abortions are performed have been or will be interfered with by defendants’ unlawful activities.” Coar later rules that if NOW proves its case, then defendant Randall Terry and his Operation Rescue organization (see 1986) will be held responsible for all acts of terrorism and violence perpetuated by the Pro-Life Action Network (PLAN—see 1980 and 1986). Coar rejects the defendants’ argument that their “moral imperative” to stop abortion justifies their violent acts. [National Organization for Women, 9/2002]

Entity Tags: Randall Terry, David Coar, National Organization for Women, Operation Rescue, Pro-Life Action League

Timeline Tags: US Health Care, US Domestic Terrorism

Randall Terry, founder of Operation Rescue (see 1986) and a co-defendant in the NOW v. Scheidler class-action lawsuit (see June 1986, September 22, 1995, and March 29 - September 23, 1997), agrees to the issuance of a permanent injunction against him. Terry will face steep fines if he engages in future acts of violence or terrorism against women’s health clinics. [National Organization for Women, 9/2002]

Entity Tags: Randall Terry

Timeline Tags: US Health Care, US Domestic Terrorism

The US enacts a law banning torture or abuse by any government official or employee. Title 18 of the US Code, Chapter 113C, Section 2340 bans US officials anywhere in the world from intentionally inflicting “severe physical or mental pain or suffering” upon another person in their control. Violation of this statute would earn the convicted official up to 20 years in prison; if a detainee dies as a result of the abuse, the convicted official can be sentenced to death. Any American official who conspires to have a prisoner abused is subject to the same penalties. [Legal Information Institute, 1/26/1998; Savage, 2007, pp. 155]

Timeline Tags: Torture of US Captives

After 12 years of litigation, the National Organization for Women (NOW) wins its lawsuit against the Pro-Life Action Network (PLAN, also known as the Pro-Life Action League, or PLAL—see 1980 and 1986) and other anti-abortion advocates (see June 1986, September 22, 1995, and March 29 - September 23, 1997). The jury hearing the case unanimously agrees that the defendants engaged in a nationwide conspiracy to deny women access to medical facilities. The jury determines that Operation Rescue (see 1986), PLAN, PLAN president Joseph Scheidler, and their co-defendants are racketeers under the RICO Act and should be held liable for triple damages for the harm their violent acts caused to women’s health clinics. [National Organization for Women, 9/2002]

Entity Tags: Pro-Life Action League, National Organization for Women, Operation Rescue, Joseph Scheidler

Timeline Tags: US Health Care, US Domestic Terrorism

The Vail resort in flames.The Vail resort in flames. [Source: Mark Mobley / Colorado Independent]Earth Liberation Front (ELF—see 1997) activists set fire to a Vail, Colorado, ski resort, causing $12 million in damage. At the time, the Vail attack is the costliest ecoterrorist attack in US history. The attack consists of seven separate fires, which destroy three buildings, including the “spectacular” Two Elk restaurant, and damage four chairlifts. In a press release, the ELF says: “[P]utting profits ahead of Colorado’s wildlife will not be tolerated.… We will be back if this greedy corporation continues to trespass into wild and unroaded [sic] areas.” [Anti-Defamation League, 2005; Colorado Independent, 10/19/2008]
Resort Threatens Lynx Habitat - The ELF justifies the bombing by claiming that the resort encroaches on the natural habitat of Canada lynx in the area, an endangered species; an 885-acre planned expansion would, the group claims, virtually destroy the habitat. The resort and other construction have virtually eliminated all lynx from the area. [Outside, 9/2007; Colorado Independent, 10/19/2008; Rocky Mountain News, 11/20/2008]
Activist Says ELF Not a Terrorist Group - In a 2007 jailhouse interview, one of the activists, Chelsea Dawn Gerlach, will discuss her role in the bombing. An activist since her mid-teens, she began by getting involved with “above ground” protests with Earth First! (see 1980 and After), a less overtly militant environmental organization, and became disillusioned when she saw how little effect such protests had on corporate depredations. She will say that she and her colleagues were extremely careful about buying the materials for the firebombs, not wanting to raise suspicions. They built the actual devices in a Utah motel room, with group leader William C. Rodgers, whom Gerlach and the others call “Avalon,” doing the bulk of the work. After performing a final reconnaisance of the lodge, some of the ELF members decide the bombing cannot be done, and return to Oregon. Rodgers actually plants the devices and sets them off; Gerlach, who accompanies Rodgers and others to the resort, later emails the statements released under the ELF rubric. Gerlach will say: “We weren’t arsonists. Many of our actions didn’t involve fires at all, and none of us fit the profile of a pyromaniac. I guess ‘eco-saboteur’ works. To call us terrorists, as the federal government did, is stretching the bounds of credibility. I got involved at a time when a right-winger had just bombed the Oklahoma City federal building—killing 168 people—(see 8:35 a.m. - 9:02 a.m. April 19, 1995) and anti-abortionists were murdering doctors (see March 10, 1993 and July 29, 1994). But the government characterized the ELF as a top domestic terrorism threat because we burned down unoccupied buildings in the middle of the night. It shows their priorities.” [Outside, 9/2007]
Apprehensions, Convictions - The Vail firebombing focuses national attention on the organization, as well as on other “ecoterror” groups that use vandalism, arson, and other destructive methods to further their agendas. In December 2006, Gerlach and Stanislas Gregory Meyerhoff will plead guilty to federal arson charges. Gerlach and Meyerhoff have already pled guilty to other arsons committed between 1996 and 2001 by a Eugene-based ELF cell known as the Family, which disbanded in 2001. (Gerlach will say that the Family took great pains to ensure that while property was destroyed, no one was injured; “In Eugene in the late nineties, more than a couple of timber company offices were saved by the proximity of neighboring homes.”) The FBI learned about them from an informant who enticed friends of the two to speak about the crimes in surreptitiously recorded conversations. Both are sentenced to lengthy jail terms and assessed multi-million dollar restitution fines. Two others indicted in the arson, Josephine Sunshine Overaker and Rebecca J. Rubin, who do not directly participate in the Vail firebombing, remain at large. Rodgers will commit suicide in an Arizona jail in December 2005 after being apprehended. Several others will later be arrested and convicted for their roles in the assault. [Associated Press, 12/14/2006; Outside, 9/2007; Colorado Independent, 10/19/2008; Rocky Mountain News, 11/20/2008]
Firebombing Detrimental to Local Activism - Gerlach will later say that the Vail firebombing was actually detrimental to local environmental activism. [Outside, 9/2007] In 2008, Ryan Bidwell, the executive director of Colorado Wild, will agree. He will say that the fires damaged the trust the community once had in the environmental activist movement, and will add that the federal government used the fires to demonize the entire environmental movement. “I don’t think it really changed the Bush administration agenda, but it probably made their job easier by lumping those actions onto the broad umbrella of terrorism over the last decade,” Bidwell will say. “I don’t think that’s been effective at all, but every time that someone lumps groups here in Colorado under the same umbrella as ELF it’s really disingenuous. In places like Vail that have a history it’s made it more important for the conservation community to communicate what its objectives are.” [Colorado Independent, 10/19/2008]

Entity Tags: Rebecca J. Rubin, Chelsea Dawn Gerlach, Earth First!, Josephine Sunshine Overaker, Earth Liberation Front, Federal Bureau of Investigation, Colorado Wild, Bush administration (43), Ryan Bidwell, William C. Rodgers, Stanislas Gregory Meyerhoff

Timeline Tags: US Domestic Terrorism

James Kopp.James Kopp. [Source: Women's eNews (.org)]Dr. Barnett Slepian, an obstetrician in Buffalo, New York, who performs abortions, is shot to death in his kitchen, by a bullet that enters through the window of his Amherst, New York, home. His wife and one of his four children witness his murder. Anti-abortion advocate James Kopp shoots Slepian with a high-powered rifle. Kopp uses the pseudonym “Clive Swenson,” and is well known under that name in a Jersey City, New Jersey, Catholic congregation. Militant anti-abortionists call him “Atomic Dog.” It will take the FBI over two years to find Kopp, who will be arrested in France (see March 29, 2001). Kopp, who apparently was drawn to anti-abortion protests in the 1970s after his girlfriend had an abortion, has been active in anti-abortion protests for decades and joined Randall Terry’s Operation Rescue in 1986. It is also believed he joined the violent anti-abortion organization “Army of God” in 1988 (see 1982), as well as the “Lambs of God,” a Catholic anti-abortion group whose leader has characterized the anti-abortion movement as a “war between God and Satan.” Kopp is well known for designing intricate locks that anti-abortion protesters use to lock the doors to women’s health care clinics. Slepian has been listed as a “wanted” abortion provider on the anti-abortion Web site “Nuremberg Files,” which The Guardian will describe as “a virtual hit list of doctors who carry out abortions” (see January 1997). Within hours of his murder, Slepian’s name is reposted on the site, this time with a line drawn through it. [Washington Post, 1998; Womens eNews, 3/30/2001; Guardian, 4/1/2001; National Abortion Federation, 2010] By early November, Kopp will be named as a suspect in the murder, though he will not be formally charged until May 1999. He will be placed on the FBI’s “Most Wanted” list in June 1999. [National Abortion Federation, 2010] In 2002, Kopp will confess to the murder (see November 21, 2002). He will be found guilty a year later (see March 17-18, 2003).

Entity Tags: Lambs of God, Barnett Slepian, James Kopp, Army of God, Operation Rescue, Federal Bureau of Investigation

Timeline Tags: US Health Care, US Domestic Terrorism

Based on the recent lawsuit by the National Organization for Women (see April 20, 1998), District Judge David Coar issues a nationwide injunction against the anti-abortion advocates who lost the case. Coar’s injunction forbids the defendants from hindering the right of women to obtain reproductive health services at clinics and the right of the clinics to provide those services. One of the defendants, Joseph Scheidler, will appeal the ruling on several grounds, including the First Amendment right of free speech. [National Organization for Women, 9/2002]

Entity Tags: National Organization for Women, David Coar, Joseph Scheidler

Timeline Tags: US Health Care

October 12, 2000: USS Cole Bombed by Al-Qaeda

Damage to the USS Cole.Damage to the USS Cole. [Source: Department of Defense]The USS Cole is bombed in the Aden, Yemen harbor by two al-Qaeda militants, Hassan al-Khamri and Ibrahim al-Thawar (a.k.a. Nibras). Seventeen US soldiers are killed and 30 are wounded. The CIA will later conclude that with just slightly more skilled execution, the attack would have killed 300 and sunk the ship. [ABC News, 10/13/2000; Coll, 2004, pp. 532; 9/11 Commission, 7/24/2004, pp. 191] The Islamic Army of Aden (IAA) immediately takes credit for the attack. This is a Yemen-based Muslim militant group widely believed to have close ties to al-Qaeda (see 1996-1997 and After). [Guardian, 10/14/2000] The IAA statement is released by its spokesman, Abu Hamza al-Masri (see Early 1997, (June 1998), and December 28, 1998 and After). Abu Hamza says that the attack was timed to mark the anniversary of the execution of the IAA’s former commander (see October 17, 1999). [O'Neill and McGrory, 2006, pp. 184] The prime minister of Yemen at the time of the bombing will say shortly after 9/11, “The Islamic Army was part of al-Qaeda.” [Guardian, 10/13/2001] The US soon learns the names of some al-Qaeda operatives involved in the attack, including Khalid Shaikh Mohammed, Tawfiq bin Attash and Fahad al-Quso (see Early December 2000), and Abd al-Rahim al-Nashiri (see November-December 2000). 9/11 hijackers Ramzi bin al-Shibh (see October 10-21, 2000) and Khalid Almihdhar (see Around October 12, 2000) may also have been involved. This is a repeat of a previously attempted attack, against the USS The Sullivans, which failed and was apparently undetected (see January 3, 2000). [Los Angeles Times, 12/22/2002] The 9/11 Commission will later say the Cole bombing “was a full-fledged al-Qaeda operation, supervised directly by bin Laden. He chose the target and location of the attack, selected the suicide operatives, and provided the money needed to purchase explosives and equipment.” [9/11 Commission, 7/24/2004, pp. 190]

Entity Tags: Khalid Shaikh Mohammed, Khallad bin Attash, Ramzi bin al-Shibh, Islamic Army of Aden, USS Cole, Osama bin Laden, Ibrahim al-Thawar, Khalid Almihdhar, Fahad al-Quso, Abd al-Rahim al-Nashiri, Hassan al-Khamri, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Former anti-abortion activist Jerry Reiter, the author of the recent book Live From the Gates of Hell: An Insider’s Look at the Anti-Abortion Underground, gives an interview to the St. Petersburg Times about his book and his days with the controversial anti-abortion organization Operation Rescue (OR—see 1986). Reiter was media coordinator for the group, but after becoming disillusioned with its violent tactics, became an FBI informant, giving the FBI information on OR and other anti-abortion groups. Reiter now says that some respected conservative Christians have tacitly condoned the violence practiced by OR and other anti-abortion groups during the 1990s. “One of the things that surprised me about the Christian Coalition was that even though it publicly denounced the illegal tactics of groups like Operation Rescue,” Reiter wrote, “when the big national anti-abortion protest came to Buffalo in 1992, Operation Rescue National housed its secret command and communication offices in the basement suite of offices that the Christian Coalition of New York had as its state headquarters.” He says that after entering “the secret command post of Operation Rescue, I was given books on dozens of not-so-peaceful activities, including a book by Reverend Michael Bray advocating the bombing of abortion clinics” (see September 1994). Reiter says that many anti-abortion activists “use the Bible to justify all kinds of evil.” He is still against abortion, but does not advocate legal restrictions on the practice. “I want to see abortions reduced,” he says. “Sex education, birth control, and availability of health care options is the way to go. Those people who oppose abortion are often those who oppose sex education, birth control, and other health care options.” Explaining why he became an FBI informant, Reiter says of his OR colleagues, “I realized that these people were very serious about doing harm to people.” He recalls speaking with Paul Hill, who in 1994 murdered an abortion provider and his bodyguard (see July 29, 1994). Weeks before Hill killed the two men, he told Reiter: “What you’re gonna see next now, brother, is an IRA-type reign of terror [referring to the Irish Republican Army]. There’s too much pressure on all of us, too many people watching us to do anything major under direct orders from the national level, so what you’re gonna see is individuals or small groups of people takin’ action in their own hands to do what the leaders want to see done, but since there won’t be any direct orders given, no one can prove conspiracy.” Reiter says his information did not prevent Hill’s murders, but was able to prevent another spate of possibly lethal violence during a 1994 event in Florida. “If I hadn’t done something at the time, it’s likely they would have been successful and hundreds could have been killed.… I had the most unique background. I was able to see the most radical, most dangerous people in the country as they were formulating their plans.” Reiter concludes: “The mainstream anti-abortion movement has shrunk dramatically and now you just see more hard-core people. It’s not a calm situation. The days of the little old ladies with the rosaries have been replaced with this radical, vitriolic group.… The people around Paul Hill, once he is executed (see September 3, 2003), they are planning to rise up and take action. They are planning to give us unprecedented violence.” [St. Petersburg Times, 1/6/2001]

Entity Tags: St. Petersburg Times, Christian Coalition of New York, Federal Bureau of Investigation, Jerry Reiter, Michael Bray, Paul Hill, Operation Rescue

Timeline Tags: US Domestic Terrorism

The Christian Defense Coalition (CDC) urges the Bush administration to show “restraint” in its handling of the arrest of accused murderer James Kopp, whose anti-abortion beliefs triggered his shooting of Dr. Barnett Slepian (see March 29, 2001). The CDC says that the “vast majority of the pro-life community” condemns violence against abortion doctors such as Slepian, and urges Attorney General John Ashcroft and the Department of Justice “not to use this episode to harass and intimidate the pro-life movement as the Clinton administration did” (see May 1994 and January 1996), and makes the same request of pro-choice organizations. The CDC also urges the general public to remember that Kopp is “innocent until proven guilty.” [Christian Defense Coalition, 3/29/2001]

Entity Tags: Christian Defense Coalition, Barnett Slepian, Bush administration (43), US Department of Justice, Clinton administration, James Kopp, John Ashcroft

Timeline Tags: US Health Care, Domestic Propaganda

Congress explicitly refuses to grant the Bush administration the authority to conduct warrantless wiretaps and surveillance operations against US citizens in its resolution authorizing the use of military force (AUMF) against terrorists (see September 14-18, 2001). Tom Daschle (D-SD), the Senate Majority Leader, will write in December 2005 (after his ouster from Congress in November 2004) that the White House and the Justice Department will claim, falsely, that the AUMF grants the right for the NSA to conduct such a program (see Early 2002 and December 15, 2005). Instead, Daschle will write, the NSA merely usurps the authority, with the president’s approval, to conduct such an extralegal surveillance program (see December 21-22, 2005). [Washington Post, 12/22/2005]
Administration Efforts to Rewrite AUMF - In an op-ed for the Washington Post, Daschle will observe that the AUMF authorizes Bush “to use all necessary and appropriate force against those nations, organizations or persons” who “planned, authorized, committed or aided” the 9/11 attacks. But, Daschle will write, “Literally minutes before the Senate cast its vote, the administration sought to add the words ‘in the United States and’ after ‘appropriate force’ in the agreed-upon text. This last-minute change would have given the president broad authority to exercise expansive powers not just overseas—where we all understood he wanted authority to act—but right here in the United States, potentially against American citizens. I could see no justification for Congress to accede to this extraordinary request for additional authority. I refused.”
No Vote for Domestic Surveillance - Daschle will also write that the White House attempted to add draft language to the AUMF resolution that would give the administration new and sweeping authority to use force to “deter and pre-empt any future acts of terrorism or aggression against the United States,” even against nations and organizations not responsible for the 9/11 attacks. Bush officials such as Vice President Dick Cheney will claim that the AUMF “granted authority by the Congress to use all means necessary to take on the terrorists, and that’s what we’ve done.” But Daschle will write that Cheney is mistaken. “As Senate majority leader at the time, I helped negotiate that law with the White House counsel’s office over two harried days. I can state categorically that the subject of warrantless wiretaps of American citizens never came up. I did not and never would have supported giving authority to the president for such wiretaps. I am also confident that the 98 senators who voted in favor of authorization of force against al-Qaeda did not believe that they were also voting for warrantless domestic surveillance.” On September 12, six days before the September 18 AUMF vote, Bush officials demand that Congress authorize the use of military force to, in their words, “deter and pre-empt any future acts of terrorism or aggression against the United States.” But Congress refuses, feeling that the request is “too broad and ill defined.” Instead, on September 14, Congress choses to use language that authorizes Bush to use “all necessary and appropriate force against those nations, organizations or persons [the president] determines planned, authorized, committed or aided” the 9/11 attacks. Daschle later writes, “With this language, Congress denied the president the more expansive authority he sought and insisted that his authority be used specifically against Osama bin Laden and al-Qaeda.… The shock and rage we all felt in the hours after the attack were still fresh. America was reeling from the first attack on our soil since Pearl Harbor. We suspected thousands had been killed, and many who worked in the World Trade Center and the Pentagon were not yet accounted for. Even so, a strong bipartisan majority could not agree to the administration’s request for an unprecedented grant of authority.” Instead, Daschle will write, the administration simply takes the authority anyway, and will argue in hindsight that the AUMF actually gives the administration the right to wiretap US citizens. However, Daschle will write, “at the time, the administration clearly felt they [didn’t have the authority] or it wouldn’t have tried to insert the additional language.”
Breeding 'Fear and Suspicion' - He concludes, “[T]here are right and wrong ways to defeat terrorists, and that is a distinction this administration has never seemed to accept. Instead of employing tactics that preserve Americans’ freedoms and inspire the faith and confidence of the American people, the White House seems to have chosen methods that can only breed fear and suspicion. If the stories in the media over the past week are accurate [detailing the breadth and apparent illegality of the NSA program], the president has exercised authority that I do not believe is granted to him in the Constitution, and that I know is not granted to him in the law that I helped negotiate with his counsel and that Congress approved in the days after Sept. 11. For that reason, the president should explain the specific legal justification for his authorization of these actions, Congress should fully investigate these actions and the president’s justification for them, and the administration should cooperate fully with that investigation. In the meantime, if the president believes the current legal architecture of our country is insufficient for the fight against terrorism, he should propose changes to our laws in the light of day. That is how a great democracy operates. And that is how this great democracy will defeat terrorism.” [Washington Post, 12/23/2005]

Entity Tags: National Security Agency, Al-Qaeda, Bush administration (43), Washington Post, Tom Daschle, US Department of Justice, Osama bin Laden, Authorization to Use Military Force (AUMF), Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

The United States government creates a multi-layered international system of detention centers and prison camps where suspected terrorists, enemy combatants, and prisoners of war are detained and interrogated. [Washington Post, 5/11/2004, pp. A01] The Washington Post reports in May 2004: “The largely hidden array includes three systems that only rarely overlap: the Pentagon-run network of prisons, jails, and holding facilities in Iraq, Afghanistan, Guantanamo, and elsewhere; small and secret CIA-run facilities where top al-Qaeda and other figures are kept; and interrogation rooms of foreign intelligence services—some with documented records of torture—to which the US government delivers or ‘renders’ mid- or low-level terrorism suspects for questioning…. The detainees have no conventional legal rights: no access to a lawyer; no chance for an impartial hearing; and… no apparent guarantee of humane treatment accorded prisoners of war under the Geneva Conventions or civilians in US jails.” [Washington Post, 5/11/2004, pp. A01] One administration official tells the New York Times that some high-level detainees may be held indefinitely. [New York Times, 5/13/2004] Secrecy permeates the system. For example, renditions are done covertly and the locations of the secret CIA-run interrogation centers are considered “so sensitive that even the four leaders of the House and Senate intelligence committees, who are briefed on all covert operations, do not know them.” [Washington Post, 5/11/2004, pp. A01] In May 2004, it is estimated that there are 10,000 prisoners being held in US facilities around the world. They come from a number of countries including Jordan, Lebanon, Libya, Malaysia, Oman, Saudi Arabia, Somalia, Sudan, Syria, Sweden, Tunisia, Turkey, Ukraine, Britain, the Palestinian territories, and Yemen. [Independent, 5/15/2004]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The EPA monitors record benzene levels at one location near Ground Zero 21 times higher than OSHA standards permit. [New York Daily News, 10/26/2001]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number.One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number. [Source: Public domain via Wikipedia]A secret arrangement is made in Brussels, Belgium, by all members of NATO. Lord George Robertson, British defense secretary and later NATO’s secretary general, will later explain NATO members agree to provide “blanket overflight clearances for the United States and other allies’ aircraft for military flights related to operations against terrorism.” [London Times, 11/25/2007] Over 700 prisoners will fly over NATO countries on their way to the US-controlled Guantanamo prison in Cuba beginning in 2002 (see January 14, 2002-2005).
Conditions of Transfer - According to a 2007 report by the International Committee of the Red Cross (ICRC—see March 15, 2009), detainees flown on CIA rendition flights would be:
bullet Photographed both clothed and naked;
bullet Subjected to body cavity (rectal) searches, with some detainees later alleging that they were administered suppositories of some sort;
bullet Dressed in a diaper and a tracksuit, with earphones placed over the ears (through which shatteringly loud music would sometimes be played), a blindfold, black goggles, and sometimes cotton wool placed over the eyes;
bullet Shackled by hands and feet, and thus carried onto an airplane, where they would remain, without toilet privileges, from one to 30 hours.
The prisoners would usually be allowed to sit upright, but the ICRC will later find that on “some occasions detainees were transported lying flat on the floor of the plane… with their hands cuffed behind their backs,” causing them “severe pain and discomfort,” as they were moved from one location to another. [New York Review of Books, 3/15/2009]

Entity Tags: George Robertson, North Atlantic Treaty Organization, International Committee of the Red Cross

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

On September 17, 2001, President Bush gave the CIA broad powers to interrogate prisoners (see September 17, 2001), but the CIA does not have many officers trained in interrogation. As a result, in late 2001 and early 2002, while the CIA waits for high-ranking al-Qaeda leaders to be captured, senior CIA officials begin investigating which interrogation procedures to use. [New York Times, 9/10/2006] The CIA “construct[s] its program in a few harried months by consulting Egyptian and Saudi intelligence officials and copying Soviet interrogation methods long used in training American servicemen to withstand capture.” [New York Times, 10/4/2007] Both Egypt and Saudi Arabia are notorious for their brutal and widespread use of torture. The Soviet interrogation techniques mentioned were designed not to get valuable intelligence, but to generate propaganda by getting captured US soldiers to make statements denouncing the US. The CIA hires two psychologists willing to use the techniques, James Elmer Mitchell and Bruce Jessen, even though the two have no never conducted any real world interrogations and there is no evidence at the time (or later) that the Soviet torture techniques are effective in obtaining valuable intelligence and not just false confessions (see Mid-April 2002). [New York Times, 9/10/2006; New York Times, 10/4/2007] In mid-March 2002, the CIA will draw up a list of ten permissible aggressive interrogation techniques based on the advice from these governments and psychologists (see Mid-March 2002).

Entity Tags: James Elmer Mitchell, Bruce Jessen, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Ibn al-Shaykh al-Libi, captured by Pakistani forces six weeks earlier (see November 11, 2001), is handed over to US authorities at the Bagram air base in Afghanistan. Two FBI agents from New York are tasked with interrogating him. One of the agents, Russell Fincher, spends more than 80 hours with al-Libi discussing religion and prayer in an effort to establish a close bond. It works, and al-Libi opens up to Fincher, giving him information about Zacarias Moussaoui and the so-called shoe bomber, Richard Reid (see December 22, 2001). [Isikoff and Corn, 2006, pp. 120] But despite this progress, he will soon be transferred to Egypt and tortured there into making some false confessions (see January 2002 and After).

Entity Tags: Zacarias Moussaoui, Richard C. Reid, Ibn al-Shaykh al-Libi, Russell Fincher

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

In the first months after 9/11, the FBI is generally in charge of captured al-Qaeda detainees and the assumption is that these detainees will be sent to the US for criminal prosecutions. However, beginning in January 2002, this policy begins to change. The highest ranking al-Qaeda detainee in US custody at the time, Ibn al-Shaykh al-Libi, is transfered from FBI to CIA custody and then flown to Egypt to be tortured by the Egyptian government (see January 2002 and After). ]]). Also in January, the CIA, not the FBI, begins secretly flying detainees to the US-controlled prison in Guantanamo, Cuba (see January 14, 2002-2005). Journalist James Risen will later comment, “By choosing the CIA over the FBI, [President] Bush was rejecting the law enforcement approach to fighting terrorism that had been favored during the Clinton era. Bush had decided that al-Qaeda was a national security threat, not a law enforcement problem, and he did not want al-Qaeda operatives brought back to face trial in the United States, where they would come under the strict rules of the American legal system.” [Risen, 2006, pp. 28] This change of policy culminates in the arrest of Abu Zubaida (see March 28, 2002). The Washington Post will later report, “In March 2002, Abu Zubaida was captured, and the interrogation debate between the CIA and FBI began anew. This time, when FBI Director Robert S. Mueller III decided to withhold FBI involvement, it was a signal that the tug of war was over. ‘Once the CIA was given the green light… they had the lead role,’ said a senior FBI counterterrorism official.” [Washington Post, 6/27/2004] The CIA decides that Guantanamo is too public and involves too many US agencies to hold important al-Qaeda detainees. By the time Zubaida is captured the CIA has already set up a secret prison in Thailand, and Zubaida is flown there just days after his capture (see March 2002). Risen will comment, “The CIA wanted secret locations where it could have complete control over the interrogations and debriefings, free from the prying eyes of the international media, free from monitoring by human rights groups, and most important, far from the jurisdiction of the American legal system.” [Risen, 2006, pp. 29-30]

Entity Tags: George W. Bush, Abu Zubaida, Federal Bureau of Investigation, Robert S. Mueller III, Ibn al-Shaykh al-Libi, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The second batch of prisoners from Afghanistan arrives at Guantanamo. It includes Asif Iqbal, Shafiq Rasul (see January 12 or 13, 2002), and about 40 others. Rasul is told: “You are now the property of the US Marine Corps.” According to Rasul, the heat is “boiling,” but “for about six or seven hours” the prisoners are forced to take a squatting position outside in the sun, still shackled, and still wearing mittens, ear muffs, goggles, and masks. They are not given water, although occasionally someone will come by and wet their lips. When Rasul asks for water, a soldier starts kicking him in the back. Dogs are barking “very close” to him. After a few hours, Iqbal goes into a fit, is removed on a stretcher and has an IV put into his arm. He is then stripped, given a brief shower and rectally examined. Apparently all prisoners are given this treatment, and Rasul believes there can have been no purpose to the cavity search other than to humiliate them, since the same had been done before leaving Kandahar. Rasul is questioned by a woman while naked. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed, Shafiq Rasul, Asif Iqbal

Timeline Tags: Torture of US Captives

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

Entity Tags: Central Intelligence Agency, Moazzam Begg

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The US negotiates “status of force” agreements with several foreign governments allowing the US to set up CIA-run interrogation facilities and granting immunity to US personnel and private contractors. The facilities were authorized by a recent secret presidential directive (see After February 7, 2002). [Newsweek, 5/24/2004] The CIA-run centers are kept completely under wraps. Prisoners are secretly held in custody and hidden from International Human rights organizations. In these facilities, there will be several incidents of abuse, torture, and murder. [International Committee of the Red Cross, 2/24/2004 pdf file; Washington Post, 5/11/2004; New York Times, 5/13/2004] These secret detentions centers will be operated in several locations around the world including:
Afghanistan - Asadabad, Kabul, Jalalabad, Gardez, Khost, Bagram, Kabul (known as “the Pit”). [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Pakistan - Kohat (near the border of Afghanistan), Alizai. [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Britain - Diego Garcia (British Possession in the Indian Ocean). [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Jordan - Al Jafr Prison. [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
United States naval ships at sea - The USS Bataan and the USS Peleliu. [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Thailand - Inside an unknown US military base, which is the first to become operational in March 2002 (see March 2002). [ABC News, 12/5/2005]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Deputy Assistant Attorney General Joan Larsen and Gregory Jacob, an attorney-adviser to the Office of Legal Counsel (OLC), send a classified memo to lawyers in the Justice Department’s civil division. The memo will remain secret, but the American Civil Liberties Union (ACLU) will learn that it regards the availability of habeas corpus protections to detainees captured in the US’s “war on terror.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo asserts that detainees have no habeas corpus protections, and therefore cannot challenge their detentions in US courts, despite multiple Supreme Court rulings to the contrary. [ProPublica, 4/16/2009]

Entity Tags: US Supreme Court, Joan Larsen, Office of Legal Counsel (DOJ), American Civil Liberties Union, Gregory Jacob, US Department of Justice

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In the days following the capture of al-Qaeda operative Abu Zubaida (see March 28, 2002), a group of top White House officials, the National Security Council’s Principals Committee, begins a series of meetings that result in the authorization of specific torture methods against Zubaida and other detainees. The top secret talks and meetings eventually approve such methods to be used by CIA agents against high-value terrorism suspects. The US media will not learn of this until six years later (see April 9, 2008). The Principals Committee meetings are chaired by National Security Adviser Condoleezza Rice, and attendees include Vice President Dick Cheney, CIA Director George Tenet, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, and Attorney General John Ashcroft. Tenet’s successor, Porter Goss, will also participate in the meetings. Sometimes deputies attend in place of their superiors. Rice’s group not only discusses and approves specific “harsh” methods of interrogation, but also approves the use of “combined” interrogation techniques on suspects who prove recalcitrant. The approved techniques include slapping and shoving prisoners, sleep deprivation, and waterboarding, or simulated drowning, a technique banned for decades by the US military. Some of the discussions of the interrogation sessions are so detailed that the Principals Committee virtually choreographs the sessions down to the number of times CIA agents can use specific tactics. [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] The Principals Committee also ensures that President Bush is not involved in the meetings, thereby granting him “deniability” over the decisions, though Bush will eventually admit to being aware of the decisions (see April 11, 2008). The Principals Committee, particularly Cheney, is described by a senior intelligence official as “deeply immersed” in the specifics of the decisions, often viewing demonstrations of how specific tactics work. [Associated Press, 4/10/2008]
Imminent Threat Calls for Extreme Measures - The move towards using harsh and likely illegal interrogation tactics begins shortly after the capture of Zubaida in late March 2002 (see Late March through Early June, 2002 and March 28, 2002). Zubaida is seen as a potentially critical source of information about potential attacks similar to 9/11. He is kept in a secret CIA prison where he recovers from the wounds suffered during his capture, and where he is repeatedly questioned. However, he is allegedly uncooperative with his inquisitors, and CIA officials want to use more physical and aggressive techniques to force him to talk (see March 28, 2002-Mid-2004 and April - June 2002). The CIA briefs the Principals Committee, chaired by Rice, and the committee signs off on the agency’s plan to use more extreme interrogation methods on Zubaida. After Zubaida is waterboarded (see April - June 2002), CIA officials tell the White House that he provided information leading to the capture of two other high-level al-Qaeda operatives, Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003) and Ramzi bin al-Shibh (see Late 2002 and May 2002-2003). The committee approves of waterboarding as well as a number of “combined” interrogation methods, basically a combination of harsh techniques to use against recalcitrant prisoners.
The 'Golden Shield' - The committee asks the Justice Department to determine whether using such methods would violate domestic or international laws. “No one at the agency wanted to operate under a notion of winks and nods and assumptions that everyone understood what was being talked about,” a second senior intelligence official will recall in 2008. “People wanted to be assured that everything that was conducted was understood and approved by the folks in the chain of command.” In August 2002, Justice Department lawyers in the Office of Legal Counsel will write a memo that gives formal legal authority to government interrogators to use harsh, abusive methods on detainees (see August 1, 2002). The memo is called the “Golden Shield” for CIA agents who worry that they could be held criminally liable if the harsh, perhaps tortuous interrogations ever become public knowledge. CIA veterans remember how everything from the Vietnam-era “Phoenix Program” of assassinations to the Iran-Contra arms sales of the 1980s were portrayed as actions of a “rogue,” “out-of-control” CIA; this time, they intend to ensure that the White House and not the agency is given ultimate responsibility for authorizing extreme techniques against terror suspects. Tenet demands White House approval for the use of the methods, even after the Justice Department issues its so-called “Golden Shield” memo explicitly authorizing government interrogators to torture suspected terrorists (see August 1, 2002). Press sources will reveal that Tenet, and later Goss, convey requests for specific techniques to be used against detainees to the committee (see Summer 2003). One high-ranking official will recall: “It kept coming up. CIA wanted us to sign off on each one every time. They’d say: ‘We’ve got so and so. This is the plan.’” The committee approves every request. One source will say of the discussions: “These discussions weren’t adding value. Once you make a policy decision to go beyond what you used to do and conclude it’s legal, [you should] just tell them to implement it.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] In April 2008, law professor Jonathan Turley will say: “[H]ere you have the CIA, which is basically saying, ‘We’re not going to have a repeat of the 1970s, where you guys have us go exploding cigars and trying to take out leaders and then you say you didn’t know about it.’ So the CIA has learned a lot. So these meetings certainly cover them in that respect.” [MSNBC, 4/10/2008] A former senior intelligence official will say, “If you looked at the timing of the meetings and the memos you’d see a correlation.” Those who attended the dozens of meetings decided “there’d need to be a legal opinion on the legality of these tactics” before using them on detainees. [Associated Press, 4/10/2008]
Ashcroft Uneasy at White House Involvement - Ashcroft in particular is uncomfortable with the discussions of harsh interrogation methods that sometimes cross the line into torture, though his objections seem more focused on White House involvement than on any moral, ethical, or legal problems. After one meeting, Ashcroft reportedly asks: “Why are we talking about this in the White House? History will not judge this kindly.” However, others in the discussions, particularly Rice, continue to support the torture program. Even after Jack Goldsmith, the chief of the Justice Department’s Office of Legal Counsel (OLC), withdraws the “Golden Shield” memo and after Powell begins arguing that the torture program is harming the image of the US abroad, when CIA officials ask to continue using particular torture techniques, Rice responds: “This is your baby. Go do it.”
Reaction after Press Learns of Meetings - After the press learns of the meetings (see April 9, 2008), the only person involved who will comment will be Powell, who will say through an assistant that there were “hundreds of [Principals Committee] meetings” on a wide variety of topics and that he is “not at liberty to discuss private meetings.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008]

Entity Tags: Office of Legal Counsel (DOJ), Porter J. Goss, US Department of Justice, Ramzi bin al-Shibh, Richard (“Dick”) Cheney, Principals Committee, Khalid Shaikh Mohammed, Jack Goldsmith, John Ashcroft, Bush administration (43), Al-Qaeda, Abu Zubaida, Central Intelligence Agency, Colin Powell, Condoleezza Rice, George W. Bush, George J. Tenet, Donald Rumsfeld, Jonathan Turley, National Security Council

Timeline Tags: Torture of US Captives, Civil Liberties

Portions of videotapes of CIA detainee interrogations are transmitted from the foreign countries where the detainees are being held back to CIA headquarters in the US, where they are reviewed by “a small number of officials.” One of the reasons the tapes are made is so that headquarters can check on the methods being used by the interrogators (see Spring-Late 2002 and Mid-May 2002 and After). These methods are said to include waterboarding and other questionable techniques (see Mid-March 2002). It is unclear what happens to these transmitted recordings when many of the videotapes of the interrogations are destroyed (see November 2005). However, in late 2007 an anonymous counterterrorism official will say there is “no reason” to believe the transmitted recordings still exist. [Newsweek, 12/11/2007] A 2003 book by Gerald Posner will also indicate that a team of CIA officials watch the interrogation of al-Qaeda leader Abu Zubaida live on video from an adjacent room. Interrogators in the room wear earpieces so they can immediately act on suggestions from the team. [Posner, 2003, pp. 188-190]

Entity Tags: Central Intelligence Agency, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

R. Scott Shumate.R. Scott Shumate. [Source: American Psychological Association]Held in a secret CIA prison in Thailand, al-Qaeda leader Abu Zubaida is interrogated by a new team of CIA interrogators led by James Elmer Mitchell and Dr. R. Scott Shumate. Mitchell is a psychologist contracted to the CIA, while Shumate is the chief operational psychologist for the CIA’s Counterterrorist Center. Mitchell wants to use torture techniques based on reverse-engineering SERE (Survival, Evasion, Resistance, Escape), a class he has taught that trains US soldiers to resist torture by the enemy. But the techniques have never been tried before and studies will later determine they are not effective in obtaining good intelligence (see Mid-April 2002). Zubaida is resistant to Mitchell’s new aggressive techniques and refuses to talk. Mitchell concludes Zubaida will only talk when he has been rendered completely helpless and dependent, so the CIA begins building a coffin to bury Zubaida alive in but not actually kill him. This creates an intense controversy over the legality of such a technique, and ultimately it appears the burying alive is never carried out. Both domestic and international law clearly prohibits death threats and simulated killings. However, a number of aggressive techniques have just been approved at the highest political level (see Mid-March 2002), so opponents to these techniques are mostly powerless. Shumate is so strongly opposed to these techniques that he leaves in disgust. He will later tell his associates that it was a mistake for the CIA to hire Mitchell. But with Shumate gone, Mitchell is now free to use more extreme methods, and the torture of Zubaida begins in earnest around the middle of May. [Vanity Fair, 7/17/2007] Around this time, the FBI also washes its hands of the controversial techniques and withdraws its personnel from the secret prison (see Mid-April-May 2002).

Entity Tags: R. Scott Shumate, Counterterrorist Center, Abu Zubaida, Central Intelligence Agency, James Elmer Mitchell

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The US Supreme Court agrees to review NOW v. Scheidler (see June 1986, September 22, 1995, and March 29 - September 23, 1997) on the basis of two technical issues raised by the defendants. The Court refuses to hear the defendants’ challenge that the First Amendment was violated by earlier rulings or that speech is at issue. The Court will determine whether women victimized by the violence of the anti-abortion advocates in the lawsuit can be protected from future crimes by an injunction as opposed to merely recompensed for the losses caused by the actions (see July 16, 1999), and whether it was appropriate to use the Racketeer Influenced and Corrupt Organizations (RICO) Act against defendants who claim their actions were prompted by religious or moral motivations. [National Organization for Women, 9/2002] The Court will overturn the decision on technical grounds (see February 28, 2006).

Entity Tags: US Supreme Court

Timeline Tags: US Health Care

A federal appeals court in San Francisco rules that anti-abortion organizations who engage in the practice of distributing posters targeting abortion providers (see 1995 and After) are illegally threatening the lives and well-being of the people they are targeting. The 6-5 verdict also rules that Web sites such as The Nuremberg Files (see January 1997), which list doctors’ names and addresses and “lines out” the names of those doctors who are murdered, also threaten the lives of the named doctors. The defendants unsuccessfully claimed they were engaging in constitutionally protected political advocacy; the plaintiffs—four doctors and two health clinics—argued that the speech in question encouraged violence against abortion providers. The verdict overturns a previous three-judge ruling by the same court and reinstates a $109 million award for the plaintiffs. Writing for the majority, Judge Pamela Ann Rymer states: “While advocating violence is protected, threatening a person with violence is not.… This is not political hyperbole. They were a true threat.” Maria Vullo, a lawyer for the plaintiffs, says the essence of the decision is rejection of threatening speech. Of the “political advocacy” practiced by the defendants, Vullo says, “It’s really terrorism.” Christopher Ferrara, a lawyer for the defendants, says his clients will appeal the decision to the Supreme Court. “This is a threat case without any identifiable threat,” he says. “We’re found liable for the format we chose.” [New York Times, 5/17/2002] In spite of the verdict, the practice will continue (see January - April 2003, Fall 2009, and September 13, 2010).

Entity Tags: Christopher Ferrara, Maria Vullo, Pamela Ann Rymer, “The Nuremberg Files”

Timeline Tags: US Health Care

Accused al-Qaeda operative Abu Zubaida, having been tortured for months in a secret CIA prison in Thailand (see April - June 2002), has had a respite from the intensive interrogations he was initially subjected to. Now, though, the interrogations begin again, being what Zubaida will later recall as “more intens[e] than before.”
Intensified Interrogations - Zubaida will later tell officials of the International Committee of the Red Cross (ICRC): “Two black wooden boxes were brought into the room outside my cell. One was tall, slightly higher than me and narrow. Measuring perhaps in area [3 1/2 by 2 1/2 feet by 6 1/2 feet high]. The other was shorter, perhaps only [3 1/2 feet] in height. I was taken out of my cell and one of the interrogators wrapped a towel around my neck, they then used it to swing me around and smash me repeatedly against the hard walls of the room. I was also repeatedly slapped in the face.… I was then put into the tall black box for what I think was about one and a half to two hours. The box was totally black on the inside as well as the outside.… They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury.”
In the Box - Zubaida will give detailed recollections of his time in the box: “After the beating I was then placed in the small box. They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box, I think I may have slept or maybe fainted. I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited. The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress. I was then placed again in the tall box. While I was inside the box loud music was played again and somebody kept banging repeatedly on the box from the outside. I tried to sit down on the floor, but because of the small space the bucket with urine tipped over and spilt over me.… I was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before. I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold. This went on for approximately one week. During this time the whole procedure was repeated five times. On each occasion, apart from one, I was suffocated once or twice and was put in the vertical position on the bed in between. On one occasion the suffocation was repeated three times. I vomited each time I was put in the vertical position between the suffocation. During that week I was not given any solid food. I was only given Ensure to drink. My head and beard were shaved everyday. I collapsed and lost consciousness on several occasions. Eventually the torture was stopped by the intervention of the doctor. I was told during this period that I was one of the first to receive these interrogation techniques, so no rules applied. It felt like they were experimenting and trying out techniques to be used later on other people.” Author Mark Danner will note that, according to the ICRC report, Zubaida’s impression of being a “guinea pig” is accurate. Some of the techniques used on him will not be reported again—the weeks of sitting in shackles, the coffin-sized boxes. Other techniques, such as the waterboarding, the permanent shackling, the “cold cell,” the incessant loud music and noise, will be used frequently on later captives, as will the constant light and the repeated beatings and physical abuse.
Everything Authorized by Senior CIA, White House Officials - Danner will remind readers that the CIA interrogators never acted alone or with any degree of independence. Everything that is done and said to Zubaida is monitored by other officials on-site—guards, interrogators, doctors—and by senior CIA officials in Washington. CIA interrogator John Kiriakou will later tell a reporter: “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him. Or I’m going to shake him. Or I’m gonna make him stay up for 48 hours.’ Each one of these steps… had to have the approval of the deputy director for operations. So before you laid a hand on him, you had to send in the cable saying, ‘He’s uncooperative. Request permission to do X.’ And that permission would come.… The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the agency got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard.… No one wanted to be the guy who accidentally did lasting damage to a prisoner.” Danner also notes that shortly after Zubaida’s capture, the CIA briefed top White House officials, including Vice President Dick Cheney, National Security Adviser Condoleezza Rice, and Attorney General John Ashcroft, who, ABC News will later report, “then signed off on the [interrogation] plan” (see April 2002 and After and July 2002). During this time the White House is working with Justice Department officials to produce the so-called “golden shield” memo (see August 1, 2002) that will, supposedly, protect the White House and CIA from criminal charges. Even after the memo’s adoption, CIA Director George Tenet continues to tell top White House officials about the specific procedures being used on Zubaida and other prisoners, including techniques such as waterboarding, to ensure that the White House considered them legal. As ABC will later report, the briefings of principals were so detailed and frequent that “some of the interrogation sessions were almost choreographed.” [New York Review of Books, 3/15/2009]

Entity Tags: John Kiriakou, Abu Zubaida, Al-Qaeda, Central Intelligence Agency, International Committee of the Red Cross, Richard (“Dick”) Cheney, Mark Danner

Timeline Tags: Torture of US Captives

Accused murderer James Kopp, an anti-abortion advocate who allegedly shot Dr. Barnett Slepian (see October 23, 1998), is extradited by French authorities (see March 29, 2001) to the US after the American government assures them that Kopp will not face the death penalty. French law precludes suspects being extradited to foreign nations if the possibility exists that they will be executed. Kopp retains lawyer Paul Cambria to defend him, but also retains lawyer Bruce Barket because Barket, like Kopp, has strong anti-abortion views and wants to make the defense about abortion (Cambria wants to defend Kopp strictly on the evidence). Barket will not be allowed to represent Kopp in federal court. [National Abortion Federation, 2010] Months later, Kopp will confess to the murder (see November 21, 2002). He will be found guilty several months later (see March 17-18, 2003).

Entity Tags: James Kopp, Barnett Slepian, Bruce Barket, Paul Cambria

Timeline Tags: US Health Care, US Domestic Terrorism

Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). [Public Record, 2/22/2009]

Entity Tags: US Department of State, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, Central Intelligence Agency, US Department of Justice, Condoleezza Rice, Geneva Conventions, David S. Addington, Richard (“Dick”) Cheney, George W. Bush, US Department of Defense

Timeline Tags: Civil Liberties

CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file; BBC, 4/23/2009] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Entity Tags: Condoleezza Rice, George J. Tenet, Office of Legal Counsel (DOJ), US Department of Justice, Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Jay Bybee.Jay Bybee. [Source: Public domain]The Justice Department’s Office of Legal Counsel (OLC) sends a non-classified memo to White House Counsel Alberto Gonzales, offering the opinion that a policy allowing suspected al-Qaeda members to be tortured abroad “may be justified.” [US Department of Justice, 8/1/2002 pdf file] This memo will later be nicknamed the “Golden Shield” by insiders in the hopes that it will protect government officials from later being charged with war crimes (see April 2002 and After). [ABC News, 4/9/2008]
Multiple Authors - The 50-page “torture memo” is signed and authored by Jay S. Bybee, head of OLC, and co-authored by John Yoo, a deputy assistant attorney general. It is later revealed that Yoo authored the memo himself, in close consultation with Vice President Cheney’s chief adviser David Addington, and Bybee just signed off on it (see December 2003-June 2004). [Washington Post, 6/9/2004] Deputy White House counsel Timothy Flanigan also contributed to the memo. Addington contributed the claim that the president may authorize any interrogation method, even if it is plainly torture. Addington’s reasoning: US and treaty law “do not apply” to the commander in chief, because Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/25/2007]
Statute Only Prohibits 'Extreme Acts' - Gonzales had formally asked for the OLC’s legal opinion in response to a request by the CIA for legal guidance. A former administration official, quoted by the Washington Post, says the CIA “was prepared to get more aggressive and re-learn old skills, but only with explicit assurances from the top that they were doing so with the full legal authority the president could confer on them.” [Washington Post, 6/9/2004] “We conclude that the statute, taken as a whole,” Bybee and Yoo write, “makes plain that it prohibits only extreme acts.” Addressing the question of what exactly constitute such acts of an extreme nature, the authors proceed to define torture as the infliction of “physical pain” that is “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Purely mental pain or suffering can also amount to “torture under Section 2340,” but only if it results “in significant psychological harm of significant duration, e.g. lasting for months or even years.” [Washington Post, 6/9/2004]
Torture Legal and Defensible - Bybee and Yoo appear to conclude that any act short of torture, even though it may be cruel, inhuman or degrading, would be permissible. They examine, for example, “international decisions regarding the use of sensory deprivation techniques.” These cases, they notice, “make clear that while many of these techniques may amount to cruel, inhuman or degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.” More astounding is Bybee and Yoo’s view that even torture can be defensible. “We conclude,” they write, “that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A.” Inflicting physical or mental pain might be justified, Bybee and Yoo argue, “in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” In other words, necessity or self-defense may justify torture. Moreover, “necessity and self-defense could provide justifications that would eliminate any criminal liability.” [Washington Post, 6/8/2004] International anti-torture rules, furthermore, “may be unconstitutional if applied to interrogations” of suspected terrorists. [US News and World Report, 6/21/2004] Laws prohibiting torture would “not apply to the president’s detention and interrogation of enemy combatants” in the “war on terror,” because the president has constitutional authority to conduct a military campaign. [Washington Post, 6/27/2004]
Protecting US Officials from Prosecution - In 2007, author and reporter Charlie Savage will write: “In case an interrogator was ever prosecuted for violating the antitorture law (see October 21, 1994 and January 26, 1998, Yoo laid out page after page of legal defenses he could mount to get the charges dismissed. And should someone balk at this strained interpretation of the law, Yoo offered his usual trump card: Applying the antitorture law to interrogations authorized by the president would be unconstitutional, since only the commander in chief could set standards for questioning prisoners.” [Savage, 2007, pp. 155-156]
Virtually Unrestricted Authority of President - “As commander in chief,” the memo argues, “the president has the constitutional authority to order interrogations of enemy combatants to gain intelligence information concerning the military plans of the enemy.” [Washington Post, 6/9/2004] According to some critics, this judgment—which will be echoed in a March 2003 draft Pentagon report (see March 6, 2003)—ignores important past rulings such as the 1952 Supreme Court decision in Youngstown Steel and Tube Co v. Sawyer, which determined that the president, even in wartime, is subject to US laws. [Washington Post, 6/9/2004] The memo also says that US Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/27/2004]
Ashcroft Refuses to Release Memo - After the memo’s existence is revealed, Attorney General John Ashcroft denies senators’ requests to release it, and refuses to say if or how the president was involved in the discussion. “The president has a right to hear advice from his attorney general, in confidence,” he says. [New York Times, 6/8/2004; Bloomberg, 6/8/2004; Washington Post, 6/9/2004] Privately, Ashcroft is so irritated by Yoo’s hand-in-glove work with the White House that he begins disparagingly referring to him as “Dr. Yes.” [New York Times, 10/4/2007]
Only 'Analytical' - Responding to questions about the memo, White House press secretary Scott McClellan will claim that the memo “was not prepared to provide advice on specific methods or techniques,” but was “analytical.” But the 50-page memo seems to have been considered immensely important, given its length and the fact that it was signed by Bybee. “Given the topic and length of opinion, it had to get pretty high-level attention,” Beth Nolan, a former White House counsel from 1999-2001, will tell reporters. This view is confirmed by another former Office of Legal Counsel lawyer who says that unlike documents signed by deputies in the Office of Legal Counsel, memorandums signed by the Office’s head are considered legally binding. [Washington Post, 6/9/2004]
Memo Will be Withdrawn - Almost two years later, the OLC’s new head, Jack Goldsmith, will withdraw the torture memos, fearing that they go far beyond anything countenanced by US law (see December 2003-June 2004).
Memo Addresses CIA Concerns - The administration, particularly the axis of neoconservatives centered around Cheney’s office, has enthusiastically advocated the use of violent, abusive, and sometimes tortuous interrogation techniques, though the US has never endorsed such tactics before, and many experts say such techniques are counterproductive. The CIA, responding to the desires from the White House, hastily put together a rough program after consulting with intelligence officials from Egypt and Saudi Arabia, where detainees are routinely tortured and killed in captivity, and after studying methods used by former Soviet Union interrogators. The legal questions were continuous. The former deputy legal counsel for the CIA’s Counterterrorist Center, Paul Kelbaugh, recalls in 2007: “We were getting asked about combinations—‘Can we do this and this at the same time?… These approved techniques, say, withholding food, and 50-degree temperature—can they be combined?’ Or ‘Do I have to do the less extreme before the more extreme?’” The “torture memo” is designed to address these concerns. [New York Times, 10/4/2007]

Entity Tags: John C. Yoo, Paul Kelbaugh, Timothy E. Flanigan, Scott McClellan, John Ashcroft, Richard (“Dick”) Cheney, Jay S. Bybee, Office of Legal Counsel (DOJ), David S. Addington, Alberto R. Gonzales, Beth Nolan, Al-Qaeda, Charlie Savage, Central Intelligence Agency, Jack Goldsmith

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

Some congressional leaders are reportedly briefed on the CIA’s detainee interrogation program, but what is actually said will later be disputed. The briefing is described as “a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk,” and apparently mentions waterboarding and information gleaned from detainees, according to two unnamed officials who are present and will later talk to the Washington Post.
Few, if Any, Objections Raised - Due to the feeling of “panic” following 9/11, the legislators’ attitude is described as, “We don’t care what you do to those guys as long as you get the information you need to protect the American people,” and two even ask if the methods are “tough enough.” The briefing, apparently one of the first of a series of around 30 private briefings on the CIA’s interrogation program, is for the “Gang of Eight,” the four top congressional leaders and the senior member from each party on the House and Senate intelligence committees. However, the methods used are only described in some of the briefings, and some of the meetings are just for the “gang of four”—intelligence committee members only. The groups are said to be so small because they concern highly secret covert activities, although it will later be suggested that the administration’s motivation is “partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.” One of the committee members present is Nancy Pelosi (D-CA), and other officials that receive such briefings are reported to include Jane Harman (D-CA), Bob Graham (D-FL), Jay Rockefeller (D-WV), Porter Goss (R-FL) and Pat Roberts (R-KS). Harman is said to be the only one to object at any point. The attendees’ recollections of the meeting will later vary greatly. Goss will say, “Among those being briefed, there was a pretty full understanding of what the CIA was doing… And the reaction in the room was not just approval, but encouragement,” although this may not be a reference to this specific meeting. Graham, who will leave the Senate Intelligence Committee in January 2003, will later say he has no memory of being told about waterboarding, “Personally, I was unaware of it, so I couldn’t object.” A “source familiar with Pelosi’s position” will say that she participates in a discussion of enhanced interrogation techniques, but understands they are at the planning stage at this time and are not in use. [Washington Post, 12/9/2007]
Restrictions on Information - Graham will later describe the limitations placed on legislators who receive such briefings: “In addition to the fact that the full members of the committee can’t hear what’s happening, those who are in the room are very restricted. You can’t take any notes. You can’t bring anyone with you and after the meeting, you cannot discuss what you’ve heard. So that if, for instance, there’s an issue about, is this legal under the Geneva Convention, you can’t go to someone who’s an expert on that subject and get their opinion. It’s a very limiting situation.” [CNN, 12/13/2007]
Secret Interrogations Already Underway - The CIA has been conducting aggressive interrogations since at least May 2002 (see Mid-May 2002 and After), but is has no firm legal basis to perform them until the Justice Department gives approval in August 2002 (see August 1, 2002). CIA Director George Tenet will later comment in a 2007 book, “After we received the written Department of Justice guidance on the interrogation issue, we briefed the chairmen and ranking members of our oversight committees. While they were not asked to formally approve the program as it was done under the President’s unilateral authorities, I can recall no objections being raised.” [MSNBC, 9/13/2007]

Entity Tags: Porter J. Goss, Senate Intelligence Committee, Pat Roberts, Nancy Pelosi, John D. Rockefeller, Jane Harman, Central Intelligence Agency, George J. Tenet, House Intelligence Committee, Daniel Robert (“Bob”) Graham

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. [Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, US Department of Justice, Mohamed al-Khatani, Michael E. Dunlavey, David S. Addington, Diane E. Beaver, Central Intelligence Agency, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Donald Rumsfeld, John Rizzo, George W. Bush

Timeline Tags: Torture of US Captives, Civil Liberties

FBI agent Robert Fuller interrogates Canadian citizen Omar Khadr at Bagram Air Base in Afghanistan. Fuller is an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001), while Khadr is a minor accused of throwing a hand grenade that killed a US soldier in Afghanistan. The interrogation lasts from October 7 to October 22. On the first day, Fuller shows Khadr a black-and-white photograph provided by the FBI in Massachusetts of Maher Arar, a Canadian terror suspect the US has been holding in New York (see September 26, 2002). Fuller will later say that Khadr identifies Arar as someone he has seen in a safe house run by al-Qaeda in Afghanistan and that he also “may have” seen Arar at a terror training camp near Kabul. However, at the time Khadr says he saw Arar in Afghanistan—September and October 2001—Arar was first in the US and then in Canada under surveillance by the local authorities, according to Walter Ruiz, a lawyer who will later represent Khadr. Ruiz will also point out that it takes Khadr several minutes to identify Arar. Another of Khadr’s lawyers, Lieutenant Commander Bill Kuebler, will say that Khadr repeatedly lies to his interrogators to avoid being abused. Deputy Attorney General Larry Thompson decides that Arar will be deported to Syria on this day (see October 7, 2002), and the deportation is soon carried out (see October 8, 2002). However, it is unclear whether Thompson’s decision is motivated by Fuller’s interrogation of Khadr or other factors. [CBC News, 1/20/2009; Canwest News Service, 1/20/2009] Fuller will testify about the identification at a Guantanamo hearing (see January 19, 2009), but facts calling it into question will emerge under cross-examination (see January 20, 2009).

Entity Tags: Robert Fuller, Federal Bureau of Investigation, Maher Arar, Walter Ruiz, Omar Khadr, William Kuebler

Timeline Tags: Torture of US Captives

At 3 o’clock in the morning, Maher Arar is woken up in his cell in New York and taken to another room where he is stripped, searched, shackled, and chained. Two officials read him a decision by the director of the INS, saying that he will be deported to Syria and, as Arar recalls it, “that INS was not the body that deals with Geneva Convention regarding torture.” There is no such convention, but this is probably a reference to the Convention Against Torture (CAT—see October 21, 1994). However, Article 3 of the CAT states: “No State Party shall expel… a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” In addition, the US immigration law cited to justify Arar’s deportation prohibits sending individuals to a country where “it is more likely than not that they will be tortured.” A Justice Department spokesman nevertheless maintains that “the removal of Mr. Arar was accomplished after interagency consultation and in full compliance with the law and with all relevant international treaties and conventions.” [Washington Post, 11/19/2003] On that early morning of October 8, Arar is put on a small jet. After a landing in Washington, a “special removal unit,” a term Arar overheard, boards the plane and is at this point in custody of the CIA. [Washington Post, 11/12/2003; Washington Post, 5/11/2004] “They said Syria was refusing to take me directly,” Arar will later recall, “and I would have to fly to Jordan.” Torture is again his prime thought. “At that time I was thinking of what would happen once I arrived in Syria and how am I to avoid torture.” Via Portland, Maine, and Rome, the jet lands in Amman, Jordan, where six or seven Jordanians are waiting for him. Without a word being spoken Arar is handed over. Blindfolded and chained, he is put in a van, and “right away,… they started beating me,” Arar recalls. Half an hour later inside a building, he is subjected to more questioning. [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

The day following Maher Arar’s handover by the CIA to Jordanian authorities (see October 8, 2002), the overland journey to Syria resumes in various cars and again Arar is beaten. In the evening, Arar arrives at the so-called “Palestinian branch” of Syrian military intelligence. Interrogation begins. “I was very, very scared,” Arar will later recall. There is a metal chair in the corner, and each time Arar does not answer quickly enough, a Syrian colonel points at the chair and asks, “Do you want me to use this?” Arar later learns it is used for torture. Four hours later, he is taken to a cell in the basement. “It was like a grave,” Arar says. “It had no light. It was three feet wide. It was six feet deep. It was seven feet high.… There was a small opening in the ceiling, about one foot by two feet with iron bars. Over that was another ceiling, so only a little light came through this. There were cats and rats up there, and from time to time the cats peed through the opening into the cell. There were two blankets, two dishes, and two bottles. One bottle was for water and the other one was used for urinating during the night. Nothing else. No light. I spent ten months and ten days inside that grave.” [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

The CIA approves four standard interrogation techniques for use against detainees. The techniques are:
bullet Sleep deprivation, which should not exceed 72 hours;
bullet Continual use of light or darkness in a cell;
bullet Loud music; and
bullet White noise, meaning a background hum.
These standard techniques can be used in addition to 10 enhanced techniques such as waterboarding (see Mid-March 2002). The limit on sleep deprivation as a standard technique will later be reduced (see December 2003), although when the tactic is used as an enhanced technique the maximum is 11 days. [Central Intelligence Agency, 5/7/2004, pp. 15, 40 pdf file]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

Anti-abortion advocate James Kopp, accused of murdering Dr. Barnett Slepian (see October 23, 1998), confesses to the crime during an interview with the Buffalo News. “I did it, and I’m admitting it,” he says. “But I never, ever intended for Dr. Slepian to die.… I regret that he died. I aimed at his shoulder.” Kopp, who for months has vehemently denied any involvement in Slepian’s death, is accompanied by his lawyer, Bruce Barket. Both Kopp and Barket intend to make their legal defense about abortion, and will attempt to claim moral justification for the murder due to Kopp’s anti-abortion views. Of other abortion providers, Kopp says: “They’re still in danger, absolutely. I’m not the first, and I probably won’t be the last.… To pick up a gun and aim it at another human being, and to fire, it’s not a human thing to do. It’s not nice. It’s not pleasant. It’s gory, it’s bloody. It overcomes every human instinct. The only thing that would be worse, to me, would be to do nothing, and to allow abortions to continue.” Kopp claims he wants to set the record straight for the sake of his supporters who were publicly proclaiming his innocence and saying the FBI had framed him. Kopp adds that he selected Slepian’s name from the phone book, and that he also cased the homes of several other physicians before deciding that Slepian’s was the most vulnerable due to a window in the back that faced the woods. After his confession, prosecutors charge Kopp with an additional charge of reckless murder with depraved indifference to human life. [Associated Press, 11/21/2002; Buffalo News, 11/22/2002; National Abortion Federation, 2010]
Ends Claims that Kopp Innocent, Framed by Police - In January 2003, the magazine Catholic Insight will observe: “With this admission, Kopp knocked the feet out from under those pro-life supporters who had suggested that he couldn’t have committed the crime because he was a pacifist, had poor eyesight, was a poor marksman, or was being framed by the police. Pro-life advocates who earlier had condemned the shootings as unacceptable acts of violence could take solace in the fact that Kopp made it clear he acted alone in the Slepian shooting and that no one in the Buffalo pro-life community had suggested Slepian as a target.” [Catholic Insight, 1/1/2003]
Anti-Abortion Advocates Condemn Kopp's Shooting but Welcome Trial as Platform for Debating Abortion - The Reverend Paul Schenck, an anti-abortion advocate who has led numerous protests and has been arrested for blockading abortion clinics, says of Kopp: “James Kopp has admitted to being a cold-blooded killer, a vigilante who acted as judge, jury, and executioner. In what he did, he undermined the whole moral philosophy of the pro-life movement, which views every human life as intrinsically valuable and created in God’s image. He should fade into ignimony after being utterly rejected by all people of conscience. May God have mercy on his soul.” [US Newswire, 11/21/2002] Bishop Henry Mansell, a local anti-abortion leader, says while he disapproves of Kopp’s action and the use of violence against abortion providers, he welcomes the use of Kopp’s trial to create a platform for an abortion debate. “We don’t believe the end justifies the means,” Mansell says. “But given a trial, I hope there would be a discussion and an exploration of the issues in depth.” Pro-choice lawyer Glenn Murray disagrees, saying, “I would hate to think that those who want a referendum on abortion would exploit an act of terrorism.” [Buffalo News, 11/22/2002] “Kopp is an extremist, a terrorist, a self-confessed murderer plain and simple, so his jailhouse confession is nothing more than a cynical attempt to manipulate us all through the media,” says Gloria Feldt, president of Planned Parenthood, a pro-choice organization. The Reverend Philip “Flip” Benham, director of the anti-abortion organization Operation Save America (formerly Operation Rescue), says Kopp “betrayed the pro-life movement, unborn children, and the Lord he proclaims to serve. You never overcome the problem of murder by murdering people.” [Associated Press, 11/21/2002]
Kopp Will Be Found Guilty - Kopp will be found guilty of Slepian’s murder (see March 17-18, 2003).

Entity Tags: Barnett Slepian, Bruce Barket, Glenn Murray, Gloria Feldt, Catholic Insight, Paul Schenck, James Kopp, Henry Mansell, Philip (“Flip”) Benham

Timeline Tags: US Health Care, US Domestic Terrorism

The CIA’s office of the inspector general begins an investigation of the killing of detainee Gul Rahman at the agency’s Salt Pit black site in Afghanistan (see November 20, 2002). The investigation begins after the agency’s inspector general, John Helgerson, is notified of the incident by management (see Shortly After November 20, 2002). It is unclear whether the inspector general issues a separate report on this incident or whether his office’s conclusions about it are contained in a general report on the effectiveness of the CIA’s detention and interrogation program (see May 7, 2004). Whatever the case, the inspector general’s conclusions focus on two agency officials, an officer named Matthew Zirbel, who caused Rahman’s death, and his boss, the CIA’s station chief in Afghanistan, known only as Paul P. The investigation finds that Zirbel displayed poor judgement in leaving Rahman to die, but that he made repeated requests for guidance that were largely ignored. [Associated Press, 3/28/2010]

Entity Tags: Office of the Inspector General (CIA), “Paul P.”, Central Intelligence Agency, Matthew Zirbel

Timeline Tags: Torture of US Captives

ALL president Julie Brown points to her organization’s ‘Deadly Dozen’ poster.ALL president Julie Brown points to her organization’s ‘Deadly Dozen’ poster. [Source: Life Magazine]A new advertising and poster campaign attacking pro-choice Catholic senators harks back to the dangerous “Deadly Dozen” campaign of 1995 (see 1995 and After), according to pro-choice advocates. The 1995 advertising and poster campaign targeted over a dozen health care and abortion providers, usually listing their names, addresses, and telephone numbers. The new campaign is by the American Life League (ALL—see 1979), an anti-abortion organization centered in Stafford, Virginia. Both the 1995 and the current campaigns feature “Old West” themed posters. ALL’s posters provide photographs of a dozen pro-choice US senators under the announcement, “Wanted For Fradulently Claiming Catholic Faith”; like the earlier campaign, the senators are branded as “The Deadly Dozen.” The senators pictured include Ted Kennedy (D-MA), Tom Daschle (D-SD), John Kerry (D-MA), and Barbara Mikulski (D-MD). The campaign calls for bishops to refuse communion to the senators. Vicki Saporta of the National Abortion Federation says she is appalled by ALL’s choice of slogans. “This type of language is associated with violence,” she says. “Seven people lost their lives as a result of this type of verbiage. What is the American Life League thinking?” The new ad campaign is running in selected newspapers, including the Washington Times and The Wanderer, a weekly Catholic newspaper in Massachusetts. A new round of posters is planned, targeting, among others, Governor Gray Davis (D-CA) of California and other California pro-choice lawmakers, according to ALL official Joseph Giganti. Giganti says ALL is opposed to violence and calls comparisons between his organization’s campaign and the 1995 campaign “reckless and careless.… Our ads don’t refer to being wanted dead or alive; it is referencing the fact abortion kills. We are simply saying, if you are in fact Catholic, how can you continue to support abortion?” Giganti blames pro-choice groups for “purposely… misinterpret[ing]” the campaign and using it “as a stepping stone to voice their own opinions.” At least 11 Catholic diocesan newspapers have turned down the ads. “The kind of advertising they are doing is inflammatory,” says Frances Kissling, president of Catholics for a Free Choice. “It could incite someone, set someone off. But the more dominant issue is that they will disgust people. This ad will only reinforce pro-choice. People who have mixed feelings about abortion, people who are moderates will be turned off by the advertisements.” A spokesman for one targeted senator, Christopher Dodd (D-CT), says of the campaign: “There is no place in America for personal attacks on those with whom one disagrees. Ultimately, Senator Dodd’s religious views are a personal matter between him and God.” [Life, 1/22/2003; Womens ENews, 4/21/2003]

Entity Tags: Vicki Saporta, Tom Daschle, John Kerry, Frances Kissling, Gray Davis, Joseph Giganti, Christopher Dodd, American Life League, Barbara Mikulski, Edward M. (“Ted”) Kennedy

Timeline Tags: US Health Care, US Domestic Terrorism

The CIA’s Office of Inspector General begins an investigation of the agency’s torture and interrogation practices. The investigation is spurred by three stimuli: notification of a controversial incident in November 2002 (see Shortly After November 20, 2002); concerns over the interrogation of high-value detainee Abd al-Rahim al-Nashiri (see January 2003); and other concerns about human rights abuses at a black site (see (January 2003)). The investigation will cover the period between September 2001 and mid-October 2003. [Central Intelligence Agency, 5/7/2004, pp. 2 pdf file] The inspector general, John Helgerson, will issue his office’s final, classified report on the investigation in May 2004 (see May 7, 2004).

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

Timeline Tags: Torture of US Captives

The alleged location of Camp Justice on the island of Diego Garcia.The alleged location of Camp Justice on the island of Diego Garcia. [Source: Public domain]The British Parliamentary Under Secretary of State for the Foreign and Commonwealth Office, Baroness Valerie Anne Amos, declares there are no prisoners at the US naval base on the island of Diego Garcia. [United Kingdom, 1/8/2003; United Kingdom, 3/3/2003] The island of Diego Garcia in the Indian Ocean was leased to the US in 1966 for an initial period of 50 years (see December 30, 1966). It now accommodates a US naval base (see June 5, 1975) employing approximately 1,700 military personnel and 2,000 civilian contractors. No one is allowed on the island except for military business. [First, 6/2004 pdf file; Diego Garcia, 1/5/2005] However, it has been reported several times in the press that detainees are being held at a CIA interrogation center on the island named “Camp Justice.” Pentagon officials have denied the existence of a CIA interrogation center on the island and the CIA has refused to respond to inquiries about its alleged existence. [Washington Post, 12/26/2002; First, 6/2004 pdf file; Washington Post, 12/17/2004; Washington Post, 1/2/2005]

Entity Tags: Valerie Anne Amos

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

The anti-abortion organization Operation Rescue releases a statement from its director, the Reverend Philip “Flip” Benham, criticizing a rally held in Buffalo, New York, to memorialize James Kopp, the confessed murderer of abortion provider Dr. Barnett Slepian (see October 23, 1998 and November 21, 2002). Benham accuses pro-choice advocates of participating in the “murder” of “over 45 million children killed by ‘legalized’ abortion,” and says: “Those who advocate murdering abortionists are going to be given a national platform from which to spew their vitriolic poison. How sad!” Benham denies that Operation Rescue has ever advocated or supported violence against abortion providers (see August 1988, January 7, 1998, and April 20, 1998), adding that his organization has “totally debunked” the idea that “murdering abortionists is somehow justifiable biblically,” and blames “the media” for propagating “this poisonous lie” that anti-abortion advocates espouse violence in order to “divert our attention from the true holocaust savaging our nation, and paint every Christian who lives out his faith at an abortion mill as a wild-eyed lunatic, bent on doing violence.” [Operation Save America, 1/13/2003]

Entity Tags: Philip (“Flip”) Benham, James Kopp, Operation Rescue

Timeline Tags: US Health Care, US Domestic Terrorism

Jay Bybee, the head of the Office of Legal Counsel (OLC) and the signatory on a number of memos authorizing torture and expanded presidential powers (see March 13, 2002 and August 1, 2002), is confirmed by the Senate to become a federal appeals court judge. The Senate Judiciary Committee scheduled Bybee’s confirmation hearing for the same day that Secretary of State Colin Powell was slated to give his presentation to the UN on Iraq’s weapons of mass destruction (see February 5, 2003); most of the committee’s Democrats choose to watch Powell’s presentation, thus only friendly Republican Senators are in the hearing. Bybee is confirmed easily. [Savage, 2007, pp. 182]

Entity Tags: Senate Judiciary Committee, Jay S. Bybee, Colin Powell, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Anti-abortion activist Joseph Scheidler (see 1980, 1985, June 1986, April 20, 1998, October 2, 2001, and February 28, 2006) claims to have renounced the violent tactics that made him such a notorious figure of the anti-abortion, or pro-life, movement (see 1986 and March 26, 1986). Scheidler, 75, a former Benedictine monk and newspaper reporter who lives in Chicago, says he now favors peaceful marches on abortion clinics, the display of posters with graphic depictions of aborted fetuses, and what he calls “counseling” of women seeking abortions. “Obstruction—that’s over,” Scheidler says. “I was in some of those demonstrations, but I could see that was not going to be the real way. You’ve got to convert people away from abortion. You don’t just keep them out of the clinics. They just arrest you and you’re gone, and they go back in. I always hated it when the day was done, and they were all going back to the clinic and we were sitting in a [police] wagon.” He adds: “Nothing’s going to change in what we do. I haven’t stopped doing anything that I thought was effective. What will change is I think more people will come out.” [Chicago Sun-Times, 2/27/2003]

Entity Tags: Joseph Scheidler

Timeline Tags: US Health Care, US Domestic Terrorism

Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]Following his arrest in Pakistan (see February 29 or March 1, 2003), al-Qaeda leader Khalid Shaikh Mohammed (KSM) finds himself in CIA custody. After two days of detention in Pakistan, where, he will allege, he is punched and stomped upon by a CIA agent, he is sent to Afghanistan. After being transferred to Guantanamo in 2006, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). Mohammed will say of his transfer: “My eyes were covered with a cloth tied around my head and with a cloth bag pulled over it. A suppository was inserted into my rectum. I was not told what the suppository was for.” [New York Review of Books, 3/15/2009]
Naked - He is reportedly placed in a cell naked for several days and repeatedly questioned by females as a humiliation. He is attached to a dog leash and repeatedly yanked into the walls of his cell. He is suspended from the ceiling, chained naked in a painful crouch for long periods, doused with cold water, and kept in suffocating heat. [New Yorker, 8/6/2007; MSNBC, 9/13/2007] On arriving in Afghanistan, he is put in a small cell, where, he will recall, he is “kept in a standing position with my hands cuffed and chained to a bar above my head.” After about an hour, “I was taken to another room where I was made to stand on tiptoes for about two hours during questioning.”
Interrogators - He will add: “Approximately 13 persons were in the room. These included the head interrogator (a man) and two female interrogators, plus about 10 muscle guys wearing masks. I think they were all Americans. From time to time one of the muscle guys would punch me in the chest and stomach.” This is the usual interrogation session that Mohammed will experience over the next few weeks.
Cold Water - They are interrupted periodically by his removal to a separate room. There, he will recall, he is doused with “cold water from buckets… for about 40 minutes. Not constantly as it took time to refill the buckets. After which I would be taken back to the interrogation room.”
No Toilet Access - During one interrogation, “I was offered water to drink; when I refused I was again taken to another room where I was made to lie [on] the floor with three persons holding me down. A tube was inserted into my anus and water poured inside. Afterwards I wanted to go to the toilet as I had a feeling as if I had diarrhea. No toilet access was provided until four hours later when I was given a bucket to use.” When he is returned to his cell, as he will recall, “I was always kept in the standing position with my hands cuffed and chained to a bar above my head.” [New York Review of Books, 3/15/2009] However, he is resistant to these methods, so it is decided he will be transferred to a secret CIA prison in Poland (see March 7 - Mid-April, 2003), where he will be extensively waterboarded and tortured in other ways.

Entity Tags: International Committee of the Red Cross, Khalid Shaikh Mohammed, Central Intelligence Agency

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

An unnamed US law enforcement official tells the Wall Street Journal, “[B]ecause the [Convention Against Torture—see October 21, 1994] has no enforcement mechanism, as a practical matter, ‘you’re only limited by your imagination.’” A detainee “isn’t going to be near a place where he has Miranda rights or the equivalent of them,” the official says. “God only knows what they’re going to do to him. You go to some other country that’ll let us pistol whip this guy.” [Wall Street Journal, 3/4/2003; Human Rights Watch, 5/7/2004]

Entity Tags: Convention Against Torture

Timeline Tags: Torture of US Captives

A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]

Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

The Justice Department sends a legal memorandum to the Pentagon that claims federal laws prohibiting torture, assault, maiming, and other crimes do not apply to military interrogators questioning al-Qaeda captives because the president’s authority as commander in chief overrides the law. The 81-page memo, written by the Office of Legal Counsel’s John Yoo, is not publicly revealed for over five years (see April 1, 2008).
President Can Order Maiming, Disfigurement of Prisoners - Yoo writes that infractions such as slapping, shoving, and poking detainees do not warrant criminal liability. Yoo goes even farther, saying that the use of mind-altering drugs can be used on detainees as long as they do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008] Yoo asks if the president can order a prisoner’s eyes poked out, or if the president could order “scalding water, corrosive acid or caustic substance” thrown on a prisoner. Can the president have a prisoner disfigured by slitting an ear or nose? Can the president order a prisoner’s tongue torn out or a limb permanently disabled? All of these assaults are noted in a US law prohibiting maiming. Yoo decides that no such restrictions exist for the president in a time of war; that law does not apply if the president deems it inapplicable. The memo contains numerous other discussions of various harsh and tortuous techniques, all parsed in dry legal terms. Those tactics are all permissible, Yoo writes, unless they result in “death, organ failure, or serious impairment of bodily functions.” Some of the techniques are proscribed by the Geneva Conventions, but Yoo writes that Geneva does not apply to detainees captured and accused of terrorism. [Washington Post, 4/6/2008]
'National Self-Defense' - Yoo asserts that the president’s powers as commander in chief supersede almost all other laws, even Constitutional provisions. “If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network,” Yoo writes. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.… Even if an interrogation method arguably were to violate a criminal statute, the Justice Department could not bring a prosecution because the statute would be unconstitutional as applied in this context.” Interrogators who harmed a prisoner are protected by a “national and international version of the right to self-defense.” He notes that for conduct during interrogations to be illegal, that conduct must “shock the conscience,” an ill-defined rationale that will be used by Bush officials for years to justify the use of waterboarding and other extreme interrogation methods. Yoo writes, “Whether conduct is conscience-shocking turns in part on whether it is without any justification,” explaining that that it would have to be inspired by malice or sadism before it could be prosecuted.
Memo Buttresses Administration's Justifications of Torture - The Justice Department will tell the Defense Department not to use the memo nine months later (see December 2003-June 2004), but Yoo’s reasoning will be used to provide a legal foundation for the Defense Department’s use of aggressive and potentially illegal interrogation tactics. The Yoo memo is a follow-up and expansion to a similar, though more narrow, August 2002 memo also written by Yoo (see August 1, 2002). Defense Secretary Donald Rumsfeld will suspend a list of aggressive interrogation techniques he had approved, in part because of Yoo’s memo, after an internal revolt by Justice Department and military lawyers (see February 6, 2003, Late 2003-2005 and December 2003-June 2004). However, in April 2003, a Pentagon working group will use Yoo’s memo to endorse the continued use of extreme tactics. [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008; New York Times, 4/2/2008]
Justice Department Claims Attorney General Knows Nothing of Memo - Yoo sends the memo to the Pentagon without the knowledge of Attorney General John Ashcroft or Ashcroft’s deputy, Larry Thompson, senior department officials will say in 2008. [Washington Post, 4/4/2008]

Entity Tags: US Department of Justice, John C. Yoo, Larry D. Thompson, Al-Qaeda, Office of Legal Counsel (DOJ), Donald Rumsfeld, John Ashcroft, Geneva Conventions, US Department of Defense

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

A handcuffed James Kopp is escorted into an Erie County courtroom to face trial for murdering Dr. Barnett Slepian.A handcuffed James Kopp is escorted into an Erie County courtroom to face trial for murdering Dr. Barnett Slepian. [Source: Getty Images]James Kopp, the anti-abortion advocate who has confessed to murdering abortion provider Dr. Barnett Slepian (see October 23, 1998 and November 21, 2002), is tried for the murder. Kopp has agreed to a bench trial in lieu of a jury; both the defense and prosecution have already agreed to a number of basic facts stipulated about the case. Defense attorney Bruce Barket argues that Kopp should be acquitted because of his moral belief that force is necessary to stop abortions, and because he did not intend to kill Slepian, but only wound him. Prosecutor Joseph Marusak counters by arguing that every step Kopp took in planning for the attack, including his choice of weapon and the use of aliases in buying the rifle, pointed to an intention to kill. After less than two days of trial, Judge Michael D’Amico finds Kopp guilty of second-degree murder. Kopp will be sentenced to 25 years to life in prison. [Associated Press, 3/18/2003; National Abortion Federation, 2010] Kopp is allowed to read a long statement explicating his anti-abortion views into the court record. [Buffalo News, 1/7/2007] Pro-choice organization Planned Parenthood says of Kopp’s conviction: “The conviction of confessed terrorist and murderer James Kopp is a triumph for justice. Our thoughts are with Dr. Slepian’s family and community. James Kopp’s horrendous crime is a painful reminder of the threat posed by extremists who will go to any lengths to impose their ideology on others. Planned Parenthood and America’s pro-choice majority will not tolerate anti-choice terrorists and their limitless hostility toward reproductive health care providers and the women they bravely serve. We hope the outcome of the Kopp trial will dissuade other anti-choice extremists from further harassment and violence. Planned Parenthood is committed to protecting our patients, staff, and volunteers and to ensuring that those who threaten them are brought to justice.” [Planned Parenthood, 3/18/2003] The National Abortion Federation’s Vicki Saporta says in a statement: “Unfortunately, there are many anti-choice extremists who believe that it is justifiable to kill doctors because they provide women with safe and legal abortion care. The Army of God, of which Kopp is a member (see 1982), supports the use of force to end abortion. [V]iolence against abortion providers is never acceptable or justified.… One trend we have documented is that when one murderer is brought to justice another one is quickly recruited to become the next assassin. Kopp’s trial must not lead to another series of assassination attempts directed at physicians who perform abortions. We, therefore, continue to urge law enforcement to remain especially vigilant in enforcing the law and prosecuting those who would use violence to advance their own personal, political agendas.” [National Abortion Federation, 3/17/2003]

Entity Tags: Barnett Slepian, Joseph Marusak, Michael D’Amico, Army of God, Vicki Saporta, Planned Parenthood, James Kopp, Bruce Barket

Timeline Tags: US Health Care, US Domestic Terrorism

Page 1 of 3 (225 events)
previous | 1, 2, 3 | next

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike