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Context of 'June 5, 1997: New York Times Columnist Warns Americans, Media to Pay Closer Attention to Far-Right Extremists in Wake of McVeigh Conviction'

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Special counsel Patrick Fitzgerald notifies the court that he plans to appeal a recent ruling that grants the Lewis Libby defense team wide access to classified documents (see November 15, 2006). As a result, the scheduled trial date for Libby—early January 2007—may be delayed. The US Court of Appeals has a brief window of time to consider the Fitzgerald appeal without delaying the trial. [Washington Post, 11/23/2006] Judge Reggie Walton will issue strict limitations on what Libby can introduce at trial (see December 11, 2006).

Entity Tags: Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

A British high court approves the extradition of Haroon Rashid Aswat to the US. Many media accounts have described Aswat as the mastermind of the 7/7 London bombings (see July 7, 2005 and Late June-July 7, 2005). However, British authorities appear to be ignoring his possible connection to the 7/7 bombings and are allowing him to be extradited to the US on unrelated charges of helping to create a militant training camp in Oregon (see November 1999-Early 2000). The US has promised that he will not be sent to the prison in Guantanamo or turned over to a third country. [Guardian, 11/30/2006] As of mid-2008, Aswat has yet to be extradited.

Entity Tags: Haroon Rashid Aswat

Timeline Tags: Complete 911 Timeline

Judge Reggie Walton releases a heavily redacted, 38-page document containing his November 15, 2006 opinion about the release of classified documents on behalf of the Libby defense team (see November 15, 2006 and November 22, 2006). Material pertaining to the classified documents themselves is redacted from the document. According to Walton’s ruling, Lewis Libby wants to use 129 classified documents to bolster his contention that his systemic and widespread memory failures led him to misinform investigators about his role in exposing CIA official Valerie Plame Wilson (see January 31, 2006). According to the Associated Press, if Walton decides to bar the use of some or all of those classified documents, Libby’s lawyers could then ask for a dismissal of the case. “If the case goes forward and the evidence is allowed,” the AP writes, “the trial could offer a behind-the-scenes look at the White House in the early months of the war in Iraq.” Walton has said he has tried to balance national security concerns with Libby’s right to a fair trial (see November 15, 2006 and November 22, 2006). He has said that pre-approving classified evidence “requires a court to play the role of Johnny Carson’s character Carnac the Magnificent by requiring it to render rulings before knowing the exact context of how those rulings will coincide with other evidence that has actually been developed at trial.” Special counsel Patrick Fitzgerald has characterized Libby’s threat to reveal classified information during the trial “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). Libby’s defense will argue that Libby was absorbed by several major national security areas of concern during the time Plame Wilson was exposed: threats from Islamist terror groups, working with Homeland Security to bolster US defenses, countering the nuclear threat posed by Pakistani scientist A.Q. Khan (see Late February 1999) and North Korea, the Iranian threat, developing security in Iraq after the fall of the Saddam Hussein regime, Israeli-Palestinian relations, incidents between Iraq and Turkey, and the unrest in Liberia as it threatened the safety of the US Embassy in Monrovia. [US District Court of the District of Columbia, 12/1/2006 pdf file; Associated Press, 12/1/2006; MSNBC, 12/4/2006]

Entity Tags: Patrick J. Fitzgerald, Associated Press, Reggie B. Walton, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton rules that former White House aide Lewis Libby’s lawyers will be restricted in how they present classified information during Libby’s perjury and obstruction trial. Prosecutors, led by special counsel Patrick Fitzgerald, have complained that Libby’s lawyers have made unreasonable demands for huge amounts of classified White House and other government documents, many of which are irrelevant, and have attempted to “graymail” the prosecution into dropping the charges against Libby for fear that the trial will reveal national security secrets (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). Libby says that his work with security issues such as terrorist threats and foreign nuclear programs caused him to inadvertently lie to the FBI (see October 14, 2003 and November 26, 2003) and to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), and he wants to present classified information during his trial to prove the extent of his workload. Walton rules that the substitutions and summaries Fitzgerald has provided to the Libby lawyers will allow Libby “substantially the same ability to make his defense as would disclosure of the specific classified information.” NBC News producer Joel Seidman, writing for MSNBC, reports that Walton’s ruling may spell the end of Libby’s attempts to derail the trial by the use of “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). [Associated Press, 12/11/2006; MSNBC, 12/11/2006]

Entity Tags: Patrick J. Fitzgerald, Joel Seidman, Lewis (“Scooter”) Libby, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Civil libertarians, both conservative and liberal, join in filing a legal brief on behalf of suspected al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001), whose lawyers are preparing to file a suit challenging his detention as an “enemy combatant” (see February 1, 2007). Liberal and progressive law school deans Harold Koh of Yale and Laurence Tribe of Harvard are joined by conservatives such as Steven Calabresi, a former Reagan White House lawyer and co-founder of the staunchly conservative Federalist Society, in a brief that argues an immigrant or a legal resident of the US has the right to seek his freedom in the US court system. Al-Marri is a Qatari citizen who attended Bradley University in Illinois. The brief argues that the Military Commissions Act (MCA) (see October 17, 2006) is unconstitutional. The brief “shows the phrases ‘conservative’ and ‘libertarian’ have less overlap than ever before,” says law professor Richard Epstein, a Federalist Society member who signed it, adding, “This administration has lost all libertarians on all counts.” Koh says: “This involves the executive branch changing the rules to avoid challenges to its own authority. Serious legal scholars, regardless of political bent, find what the government did inconsistent with any reasonable visions of the rule of law.” Epstein, who says Koh is “mad on many issues,” agrees, calling the al-Marri case “beyond the pale.” He says, “They figured out every constitutional protection you’d want and they removed them.” Lawyer Jonathan Hafetz, representing al-Marri, says the case brings up issues about what the framers of the Constitution intended—something libertarians and judicial conservatives often look to. [Associated Press, 12/13/2006]

Entity Tags: Richard Epstein, Ali Saleh Kahlah al-Marri, Federalist Society, Harold Koh, Steven Calabresi, Jonathan Hafetz, Laurence Tribe

Timeline Tags: Torture of US Captives, Civil Liberties

After the Iraq Study Group (ISG) report is tossed aside by President Bush (see December 2006), his neoconservative advisers quickly locate a study more to their liking. Not surprisingly, it is from the neoconservative American Enterprise Institute. The study, written by Frederick Kagan (the brother of Robert Kagan, a signatory of the 1998 PNAC letter urging then-President Clinton to overthrow Saddam Hussein—see January 26, 1998), was commissioned in late September or early October by Kagan’s AEI boss, Danielle Pletka, the vice president of foreign and defense studies at the institute. Kagan later says that Plekta thought “it would be helpful to do a realistic evaluation of what would be required to secure Baghdad.” The study is released during a four-day planning exercise that coincides with the release of the ISG report, but Kagan says neither the timing nor the report itself has anything to do with the ISG. “This is not designed to be an anti-ISG report,” Kagan insists. “Any conspiracy theories beyond that are nonsense. There was no contact with the Bush administration. We put this together on our own. I did not have any contact with the vice president’s office prior to… well, I don’t want to say that. I have had periodic contact with the vice president’s office, but I can’t tell you the dates.” Kagan’s study, with the appealing title “Choosing Victory: A Plan for Success in Iraq,” says that 20,000 more US troops deployed throughout Baghdad will turn the tide and ensure success. The study becomes the centerpiece of Bush’s “surge” strategy (see January 2007). [Unger, 2007, pp. 342-343]

Entity Tags: Bush administration (43), American Enterprise Institute, Iraq Study Group, George W. Bush, Frederick Kagan, Danielle Pletka

Timeline Tags: Iraq under US Occupation

Lewis Libby’s defense lawyers inform the court that they intend to call Vice President Dick Cheney as a witness in Libby’s trial. “We’re calling the vice president,” says lead defense lawyer Theodore Wells. For his part, Cheney says he is willing to testify on behalf of his former chief of staff. “We don’t expect him to resist,” says another of Libby’s lawyers, William Jeffress. Apparently, the defense intends to have Cheney establish its contention that Libby was overworked and under strain dealing with critical national security issues, a condition it says led to Libby’s “inadvertent” lies and misstatements to the FBI (see October 14, 2003 and November 26, 2003) and the grand jury investigating the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). Law professor Peter Shane says Cheney’s willingness to testify is unuusal because of his aggressive efforts to keep the executive branch from being forced to disclose information about its workings. Cheney’s spokeswoman Lea Anne McBride says that “historians are entitled to their opinions, but the vice president has said from the very beginning that we’re cooperating in this matter and we will continue to do so.” [Associated Press, 12/19/2006; New York Times, 12/19/2006; Washington Post, 12/20/2006] Cheney told reporters in June that he “may be called as a witness” in Libby’s trial (see June 22, 2006). However, he will not testify in the trial.

Entity Tags: Richard (“Dick”) Cheney, Lea Anne McBride, Lewis (“Scooter”) Libby, Peter Shane, Theodore Wells, William Jeffress, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

On December 24, 2006, Ethiopia invades Somalia with US encouragement, attacking the Islamic Courts Union (ICU), an Islamist militant group that rules much of the country. The invasion is triggered because the ICU had encircled the Somali town of Baidoa, the last hold out of the Transitional Federal Government (TFG), the internationally recognized government of Somalia that actually controls very little of the country. Within days, the Ethiopians conquer the capital of Mogadishu and replace the ICU with the TFG. But Ethiopian troops remain in Somalia, occupying much of the country, and the ICU and other Islamist militant groups are not completely defeated. On January 5, 2007, al-Qaeda second-in-command Ayman al-Zawahiri issues a message urging Somalis to “consume” the “crusader” Ethiopians “as the lions eat their prey.” [Time, 11/29/2007] The US had been quietly improving ties with Ethiopia, and had been secretly training Ethiopian forces in counterterrorism techniques for years. The US covertly assists Ethiopia’s invasion with spy satellite data and other intelligence. A secret US special forces unit, Task Force 88, launches operations into Somalia from Kenya and Ethiopia. On January 6, two US Air Force AC-130 gunships secretly arrive at a small airport in eastern Ethiopia. The next day, they carry out a strike near a small village close to the Kenyan border, attempting to kill al-Qaeda-linked militants fleeing the country. Eight people are killed, but apparently no important al-Qaeda leaders. [New York Times, 2/23/2007] A second AC-130 strike on January 23 also misses its target. It is unknown how many are killed, but the wreckage of six large trucks is later seen at the spot of the attack. But while the US strikes are unsuccessful, al-Qaeda leader Abu Talha al-Sudani is apparently killed at some point during the fighting between Ethiopian forces and Somali militants. The US will not officially say he is dead, but US officials will unofficially say he is to Time magazine later in the year. Al-Sudani is said to have been living in Somalia since 1993 and involved in al-Qaeda attacks in Kenya in 1998 and 2002. [Washington Post, 1/8/2007; Time, 11/29/2007] By summer 2007, US and Ethiopian officials will claim that the war in Somalia is over. However, the fighting, the occasional US strikes, and the Ethiopian occupation, continue. [Time, 11/29/2007]

Entity Tags: Abu Talha al-Sudani, Ayman al-Zawahiri, Transitional Federal Government (Somalia), US Military, Islamic Courts Union

Timeline Tags: Complete 911 Timeline

Roger Ailes, the founder and chairman of Fox News (see October 7, 1996), makes a joke to an audience of news executives: “It is true that Barack Obama is on the move,” he says. “I don’t know if it’s true that President Bush called [Pakistani President Pervez] Musharraf and said, ‘Why can’t we catch this guy?’” The joke is a deliberate conflation between the names of presidential candidate Barack Obama (D-IL) and Osama bin Laden. Ailes has Steve Doocy and the other hosts of his network’s morning news show Fox and Friends begin making similar jokes. Fox insiders will later note that while the banter between Doocy, Brian Kilmeade, and Gretchen Carlson appears to be mostly ad-libbed, it is actually highly structured; Ailes uses the show as one of the primary vehicles to get his daily message into what reporter Tim Dickinson will call “the media bloodstream.” Ailes meets with Doocy, Kilmeade, and Carlson every day before the 6:00 a.m. start; a former Fox News deputy will later say: “Prior to broadcast, Steve Doocy, Gretchen Carlson—that gang—they meet with Roger. And Roger gives them the spin.” Doocy is the first Fox News figure to publicly state that Obama attended a radical Islamist madrassa as a child, a falsification that begins circulating on the Internet around this same time (see October 1, 2007). [New York Magazine, 5/22/2011]

Entity Tags: Roger Ailes, Barack Obama, Brian Kilmeade, Gretchen Carlson, Fox News, Steve Doocy, Osama bin Laden, Tim Dickinson

Timeline Tags: Domestic Propaganda

As many as 10 journalists are expected to testify during the Lewis Libby perjury and obstruction trial. Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, calls the prospect “unprecedented and, as far as I’m concerned, horrifying.” Libby’s lawyers may subpoena as many as seven journalists, whom they have not yet identified, to testify, in order to bolster their contention that Libby’s poor memory caused him to inadvertently lie to the FBI (see October 14, 2003 and November 26, 2003) and to a grand jury (see March 5, 2004 and March 24, 2004) about his involvement in exposing the CIA identity of Valerie Plame Wilson (see January 31, 2006). Roy Peter Clark, a scholar at the Poynter Institute, says he worries about the fallout from the trial, particularly in the future ability of journalists to protect their sources. Deputy Attorney General Paul McNulty recently told Congress that the Justice Department routinely observes restraint in issuing subpoenas to reporters, and has only issued 13 media subpoenas involving confidential sources in the last 15 years. “This record reflects restraint,” McNulty told Congress. “We have recognized the media’s right and obligation to report broadly on issues of public controversy and, absent extraordinary circumstances, have committed to shielding the media from all forms of compulsory process.” [Associated Press, 1/2/2007]

Entity Tags: Lewis (“Scooter”) Libby, Paul J. McNulty, Roy Peter Clark, Lucy Dalglish

Timeline Tags: Niger Uranium and Plame Outing

Director of National Intelligence (DNI) John Negroponte says that al-Qaeda’s central leadership is based in Pakistan and is regrouping there. Speaking before a Senate committee, he says that al-Qaeda operatives “are cultivating stronger operational connections and relationships that radiate outward from their leaders’ secure hide-out in Pakistan to affiliates throughout the Middle East, North Africa, and Europe.” This is the first time a high-ranking US official has described Pakistan as a “secure hide-out” for al-Qaeda or used similar language. He adds, “Pakistan is our partner in the war on terror and has captured several al-Qaeda leaders. However, it is also a major source of Islamic extremism. Eliminating the safe haven that the Taliban and other extremists have found in Pakistan’s tribal areas is not sufficient to end the insurgency in Afghanistan but it is necessary.” [Reuters, 1/12/2007]

Entity Tags: John Negroponte, Al-Qaeda

Timeline Tags: Complete 911 Timeline

An artist’s sketch of some of the proceedings in the Libby trial.An artist’s sketch of some of the proceedings in the Libby trial. [Source: Art Lien / Court Artist (.com)]A jury of nine men and three women, along with four alternates, is seated in the Lewis Libby perjury and obstruction trial, selected from an original jury pool of 60 prospects. The jury seating takes days longer than expected, in part because the Libby defense team works to block any jurors who state any disapproval of the Bush administration or its conduct of the Iraq war. Jurors are asked if they had ever applied for a job at the CIA, or know anyone who works for the agency. Some are asked if they know the meaning of the word “covert.” One prospective juror says: “A lot of what the CIA does is overtly covert.… My father was a Methodist minister. He didn’t run in those circles.” US District Judge Reggie Walton asks the potential jurors: “Mr. Libby is the former chief of staff and national security adviser of Vice President Cheney. Do any of you have feelings or opinions about the Bush administration or any of its policies or actions, whether positive or negative, that might affect your ability to give a former member of the Bush administration a fair trial?” Defense lawyer Theodore Wells tells one prospective juror, “There is a real possibility Vice President Cheney will be sitting in that chair,” indicating the witness stand. One potential juror responds, “I don’t have the highest opinion of him.” He continues that he has read a lot about the CIA leak case on Internet blogs and in the newspaper, and calls it “standard Washington politics.” After one potential juror tells the court that she voted for President Bush, Fitzgerald tells Walton that he is concerned the questions are getting too political. In the absence of the jurors, Fitzgerald says, “Now we’re finding out how people voted.” Defense lawyers say that because they intend to call Cheney to testify on Libby’s behalf (see December 19, 2006), they don’t want jurors who already dislike or distrust Cheney. [ABC News, 1/16/2007; Washington Post, 7/3/2007; BBC, 7/3/2007] Counsel’s opening statements take place a week after the jury members begin taking their places (see January 23, 2007 and January 23, 2007).

Entity Tags: George W. Bush, Reggie B. Walton, Richard (“Dick”) Cheney, Theodore Wells, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Investigative reporter Robert Parry, writing for the progressive Web news outlet ConsortiumNews, notes that former Deputy Secretary of State Richard Armitage may be far more intimately involved with the 2003 White House attempt to besmirch the credibility of former ambassador Joseph Wilson than has been previously noted (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Armitage was the first administration official to expose former CIA agent Valerie Plame Wilson’s CIA status to a reporter (see June 13, 2003), and later leaked it again (see July 8, 2003), that time to columnist Robert Novak, who exposed Plame Wilson in a July 2003 column (see July 14, 2003). Parry writes that conventional media wisdom paints Armitage as an outsider, not a member of the White House inner circle, and a skeptic about the Iraq war; therefore, the media argues, Armitage’s leaks of Plame Wilson’s identity were “inadvertent” and merely coincidental to the White House efforts to claim that former ambassador Joseph Wilson was sent to Africa (see February 21, 2002-March 4, 2002) for partisan reasons by his wife. Parry notes that, as recently as September 2006, the Washington Post joined with conservative supporters of the Bush administration to claim that the White House did not intentionally “orchestrate” the leak of Plame Wilson’s identity (see Late August-Early September, 2006), and that Armitage had no connection with whatever efforts went on inside the White House to leak her identity. However, Parry notes, the mainstream media has consistently ignored the deep connections between Armitage and White House political savant Karl Rove, who many believe did orchestrate the Plame Wilson leak. According to Parry, “a well-placed conservative source… [a]n early supporter of George W. Bush who knew both Armitage and Rove… told me that Armitage and Rove were much closer than many Washington insiders knew.” Armitage and Rove became friends during the first weeks of the Bush administration’s first term, and they cooperated with one another to pass backchannel information between the White House and State Department. The source tells Parry that it is plausible to surmise that Armitage leaked Plame Wilson’s identity to two separate reporters, not by accident, but in collusion with Rove’s strategy to besmirch Wilson by exposing his wife’s CIA identity. Novak printed his column outing Plame Wilson using two primary sources—Armitage and Rove (see July 8, 2003 and July 8 or 9, 2003). The source says that Novak’s initial claim of being given Plame Wilson’s identity (see July 21, 2003) suggests, in Parry’s words, “Armitage and Rove were collaborating on the anti-Wilson operation, not simply operating on parallel tracks without knowing what the other was doing.” The source finds the media’s assumption that Armitage “inadvertently” let Plame Wilson’s identity slip out, almost as gossip, amusing, and inaccurate. “Armitage isn’t a gossip, but he is a leaker,” the source says. “There’s a difference.” [Consortium News, 1/17/2007]

Entity Tags: Karl C. Rove, George W. Bush, Bush administration (43), Joseph C. Wilson, Lewis (“Scooter”) Libby, Richard Armitage, Robert Parry, Washington Post, US Department of State, Valerie Plame Wilson, Robert Novak

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Conservative radio host Rush Limbaugh tells his listeners that professional football games often look like fights between two African-American street gangs. Discussing a recent National Football League (NFL) game which featured some apparently objectionable celebrating by players after scoring a touchdown, Limbaugh says that such “over the top” celebrations are sparked by “cultural” differences between black and white players. “There’s something culturally wrong that is leading to all this… classless” behavior, he says, and continues: “Look, let me put it to you this way: the NFL all too often looks like a game between the Bloods and the Crips without any weapons. There, I said it.” [Media Matters, 10/12/2009] Two years later, Limbaugh will address his comment on his broadcast. He will fail to apologize for the remark, and will say instead: “It was not racial. Bloods and Crips makes it look racial. But the way I chose to describe it. I could have perhaps chosen a different term.” Limbaugh claims that his remark was taken “out of context” by the news media, and cites the “hypocrisy” of the media in reporting his comments as possibly racially offensive. [Media Matters, 10/14/2009] Limbaugh will be thwarted in his 2009 attempt to buy the St. Louis Rams NFL franchise (see October 15, 2009) because of his racially inflammatory remarks against black football players, including this one and a 2003 slur involving African-American quarterback Donovan McNabb (see September 28 - October 2, 2003). Indianapolis Colts owner Jim Irsay will tell other owners, “When there are comments that have been made that are inappropriate, incendiary, and insensitive… our words do damage, and it’s something that we don’t need.” NFL commissioner Roger Goodell will call Limbaugh’s comments “divisive” and something that cannot be tolerated from an NFL owner. [New York Post, 10/13/2009]

Entity Tags: Rush Limbaugh, Jim Irsay, Roger Goodell

Timeline Tags: Domestic Propaganda

Theodore Wells, the lead lawyer for the Lewis Libby defense team, makes his opening statement to the jury in the Libby perjury and obstruction trial (see January 16-23, 2007), and proclaims Libby’s innocence of all charges. While Libby may have misspoken to the FBI (see October 14, 2003 and November 26, 2003) and the Plame Wilson grand jury (see March 5, 2004 and March 24, 2004) about his involvement in leaking Valerie Plame Wilson’s CIA status to reporters, he never lied to either one, Wells says, because there was never any intent to lie. He was not trying to cover anything up, Wells asserts, because he did nothing illegal or questionable. “This is a case about memory, about recollection, and about words,” Wells says. Wells surprises observers by claiming Libby was made a scapegoat by the White House in order to protect President Bush’s chief political strategist Karl Rove. Rove has admitted to being a source of the original leak (see October 15, 2004, February 2004, and October 14, 2005). Wells tells the jury that Libby believes his former colleagues in the Bush administration tried to “set him up” to “take a fall” in the investigation of the Plame Wilson identity leak. According to Wells, Libby said to his then-boss, Vice President Dick Cheney: “They’re trying to set me up. They want me to be the sacrificial lamb.” Libby, according to Wells, believed he was being sacrificed to protect Rove. Wells says that Libby told Cheney, “I will not be sacrificed so Karl Rove can be protected.” Wells tells the jury: “Mr. Libby was not concerned about losing his job in the Bush administration. He was concerned about being set up, he was concerned about being made the scapegoat.… People in the White House are trying to protect Karl Rove.” Libby was considered “just a staffer,” while Rove “was viewed as a political genius… the lifeblood of the Republican Party.” [Pensito Review, 1/23/2007; Marcy Wheeler, 1/23/2007; CBS News, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Plame Wilson will observe, “The tactic went against the conventional wisdom that Libby would play the good soldier, say nothing of value, and receive a presidential pardon if convicted.” [Wilson, 2007, pp. 282-284] In a PowerPoint presentation, Wells presents the jury with the following bullet points about Libby:
bullet He gave his best good faith recollection;
bullet Any misstatements by him were innocent mistakes;
bullet He had no knowledge that Plame Wilson’s job status was classified;
bullet He did not push reporters to write about Plame Wilson;
bullet He did not leak to Robert Novak: Richard Armitage did;
bullet He is innocent and had no motive to lie.
Wells then engages the jury in a long explanation of Libby’s responsibilities, emphasizing his role in the administration’s efforts in the war on terror. [Marcy Wheeler, 1/23/2007] After a break for lunch, Wells resumes going through his version of events. He introduces a key element of the “memory defense” (see January 31, 2006), that Libby knew of Plame Wilson’s CIA status in July 2003 when he leaked her identity to reporters, but forgot that he knew it in October, when he denied knowing of her classified or covert status to the FBI and the grand jury. Wells equates Libby’s alleged memory difficulties with “similar” memory difficulties by the reporters involved in the leak to be examined during the trial. [Marcy Wheeler, 1/23/2007]

Entity Tags: Valerie Plame Wilson, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Theodore Wells, Karl C. Rove, Bush administration (43)

Timeline Tags: Niger Uranium and Plame Outing

Conservative radio host Rush Limbaugh calls Senator Barack Obama (D-IL) and actress Halle Berry “Halfrican Americans.” According to progressive media watchdog organization Media Matters, Limbaugh, discussing Obama’s nascent presidential candidacy, says, “Barack Obama has picked up another endorsement: Halfrican American actress Halle Berry.” Limbaugh then says, “‘As a Halfrican American, I am honored to have Ms. Berry’s support, as well as the support of other Halfrican Americans,’ Obama said.” Limbaugh later concedes that Obama “didn’t say it.” Limbaugh tells his audience that Obama “is the son of a white mother from Kansas and a black father from Kenya.” [Media Matters, 1/24/2007]

Entity Tags: Barack Obama, Rush Limbaugh, Media Matters, Halle Berry

Timeline Tags: Domestic Propaganda, 2008 Elections

Cathie Martin entering the courthouse.Cathie Martin entering the courthouse. [Source: New York Times]Cathie Martin, the former spokeswoman for Vice President Dick Cheney, testifies that she told Cheney and his former chief of staff Lewis “Scooter” Libby about Valerie Plame Wilson’s CIA status weeks before Libby claims to have learned that information from reporter Tim Russert (see July 10 or 11, 2003 and March 24, 2004). [CBS News, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] At the time in question, Martin was Cheney’s assistant for public affairs. She now works at the White House as the deputy director of communications for policy and planning. As Cheney’s assistant, she worked closely with Libby and handled most press inquiries for Cheney and Libby. [Marcy Wheeler, 1/25/2007]
Passed along Information about Plame Wilson to Libby, Cheney - Martin testifies that in her presence Libby spoke with a senior CIA official on the telephone, and asked about the Joseph Wilson trip to Niger. She says she then spoke with CIA spokesman Bill Harlow, who told her that Wilson went to Niger on behalf of the agency, and that Wilson’s wife worked at the agency (see 5:25 p.m. June 10, 2003). Martin then says that she subsequently told both Libby and Cheney that Wilson’s wife worked at the CIA (see 5:27 p.m. June 11, 2003). The International Herald Tribune notes: “The perspective she laid out under questioning from a federal prosecutor was damaging to Libby.… She bolstered the prosecution’s assertion that Libby was fully aware of [Plame] Wilson’s identity from a number of administration officials, and did not first learn about her from reporters, as he has claimed. Perhaps more important[ly], she testified as a former close colleague of Libby’s and demonstrated her familiarity with him by repeatedly referring to him by his nickname, Scooter.” [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007] Of Plame Wilson’s outing by Robert Novak (see July 14, 2003), she testifies, “I knew it was a big deal that he had disclosed it.” [Marcy Wheeler, 1/29/2007]
Testifies that Cheney Coordinated Attack on Wilson - Martin also gives detailed evidence that it was Cheney who coordinated the White House counterattack against Plame Wilson’s husband, Joseph Wilson, in retaliation for his op-ed debunking administration claims that Iraq had tried to purchase uranium from Niger (see July 6, 2003). She testifies that during the first week of July 2003, she and her staff were told to increase their monitoring of the media, including television news (which until that point had not been monitored closely), and to make transcripts of everything that was said pertaining to administration policies and issues. She testifies that Cheney and Libby were both very interested in what the media was reporting about Iraqi WMDs, and whether Cheney’s office had ordered Joseph Wilson to go to Niger (see February 21, 2002-March 4, 2002). She discusses the talking points she disseminated to White House press secretary Ari Fleischer regarding Cheney’s lack of involvement in sending Wilson to Niger (see 9:22 a.m. July 7, 2003). Martin testifies that she had already been using those talking points, based on conversations she had had with Libby, but sent the memo to Fleischer because of Wilson’s appearances on the Sunday morning talk shows (see July 6, 2003). According to Martin, Cheney “dictated” the talking points for Fleischer, and included direct quotes from the National Intelligence Estimate on Iraq (see October 1, 2002), which had been partially declassified without her knowledge (see July 12, 2003)—she says she urged Cheney and Libby to declassify the NIE before leaking information from it to reporters. (Judge Reggie Walton tells the jury, “You are instructed that there is no dispute between the parties that on July 8 certain portions of the NIE had been declassified, although Ms. Martin had not been made aware of the declassification.”) Martin testifies that Cheney told Libby to speak directly to reporters about Wilson, effectively bypassing her and other communications staffers in his office. Martin also says she told Cheney and Libby that Plame Wilson worked for the CIA days before Libby claims he “first” learned it from NBC reporter Tim Russert (see July 10 or 11, 2003). Martin refuses to confirm that either Cheney or Libby suggested leaking Plame Wilson’s identity as part of a strategy to discredit her husband. [Marcy Wheeler, 1/25/2007; Marcy Wheeler, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]
Falsely Accused of Leaking Information to NBC Reporter - Martin goes on to describe a senior staff meeting at the White House, where she was implictly accused of leaking information to NBC reporter Andrea Mitchell (see July 9, 2003). She denies leaking the information to Mitchell, and testifies that Libby spoke with Mitchell about such subjects. [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007]
Defense Notes Change in Martin's Testimony - The defense notes that Martin has changed the dates of some of her recollections from her previous statements to prosecutor Patrick Fitzgerald’s investigators. [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007; Marcy Wheeler, 1/25/2007; New York Times, 2/4/2007] The defense’s cross-examination of Martin extends into Monday, January 29; Fitzgerald briefly redirects her testimony. [Marcy Wheeler, 1/29/2007]
Attempt to Slow Trial Fails - A January 25 attempt by defense attorney Theodore Wells to slow the pace of the trial fails. Wells attempts to delay Martin’s testimony by complaining that he has not had an opportunity to review what he calls a “whole box” of the original copies of Martin’s notes. It would, Wells says, take hours for the defense team to read and review the notes. Fitzgerald reminds the court that the defense has had the notes for a year. Wells then complains that some of the notes are illegible. “I think that’s a bit of a spin,” Fitzgerald retorts, noting that he is only using about four pages of notes as evidence. “These copies were legible. Show me the pages that weren’t legible.” Judge Reggie Walton says that since it would be unethical for Wells to misrepresent his inability to read the documents, he has to accept Wells’s assertion. Fitzgerald then produces the notes, a small stack of documents that do not comprise a “whole box.” Walton, apparently exasperated, tells Wells he can review the notes during his lunch hour, and refuses to delay the trial. [New York Times, 2/10/2007]

Entity Tags: Ari Fleischer, Andrea Mitchell, Bill Harlow, Catherine (“Cathie”) Martin, Bush administration (43), Joseph C. Wilson, Lewis (“Scooter”) Libby, Tim Russert, Patrick J. Fitzgerald, Reggie B. Walton, Valerie Plame Wilson, Richard (“Dick”) Cheney, Theodore Wells, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Ari Fleischer, outside the courthouse where the Libby trial is underway.Ari Fleischer, outside the courthouse where the Libby trial is underway. [Source: Life]Former White House press secretary Ari Fleischer testifies in the trial of Lewis “Scooter” Libby (see January 16-23, 2007), and tells the court that he learned of Valerie Plame Wilson’s CIA status from Libby three days before Libby has said he first learned of it. If Fleischer is telling the truth, then Libby cannot have been truthful in his claims. Prosecutor Patrick Fitzgerald has told the court that in 2004 he offered Fleischer blanket immunity in return for his testimony (see February 13, 2004), without being sure what Fleischer would say in court. The defense team calls the arrangement highly unusual, and days before attempted to bar Fleischer’s testimony (see January 25-27, 2007). [MSNBC, 2/21/2007; BBC, 7/3/2007; Marcy Wheeler, 1/29/2009] The prosecution quickly elicits Fleischer’s admission that if he lies under oath, his immunity agreement becomes void and he, too, can be prosecuted. [Marcy Wheeler, 1/29/2009]
Libby Told Fleischer of Plame Wilson's Identity - Testifying under oath, Fleischer tells prosecuting attorney Peter Zeidenberg (handling the examination for Fitzgerald) that he learned of Plame Wilson’s identity from Libby during a lunch with him on July 7, the day after Plame Wilson’s husband’s controversial op-ed appeared in the New York Times (see July 6, 2003). Libby has told reporters he first learned about Plame Wilson’s identity on either July 10 or July 11 from NBC reporter Tim Russert (see July 10 or 11, 2003, March 5, 2004, and March 24, 2004). According to Fleischer, Libby told him: “Ambassador [Joseph] Wilson was sent by his wife. His wife works for the CIA.” Fleischer testifies that Libby referred to Wilson’s wife by her maiden name, Valerie Plame. Fleischer says, “He added it was hush-hush, on the Q.T., and that most people didn’t know it.” Fleischer also notes that Libby told him Plame Wilson worked in the Counterproliferation Division, where almost everyone is covert, though he testifies that he knows little about the CIA’s internal structure. Four days later, Fleischer heard of Plame Wilson’s CIA status again, that time from White House communications director Dan Bartlett (see July 6-10, 2003). Fleischer informed conservative columnist Robert Novak of Plame Wilson’s CIA status the same day he learned of it from Libby (see July 7, 2003), and told reporters David Gregory and John Dickerson the same information a week later in what he calls a casual conversation (see 8:00 a.m. July 11, 2003). Fleischer insists he believed the information about Plame Wilson was not classified, saying, “[N]ever in my wildest dreams [did I think] this information would be classified.” [CBS News, 1/25/2007; Marcy Wheeler, 1/29/2007; Washington Post, 1/30/2007; National Journal, 2/19/2007; Marcy Wheeler, 1/29/2009]
Defense Cross - The defense notes that Fleischer originally mispronounced Plame Wilson’s maiden name as “plah-MAY,” indicating that he may have read about her instead of being told of her identity. Fleischer says under cross-examination that he did not reveal Plame Wilson’s identity to reporters until he heard about the CIA official from a second White House aide, Bartlett (see July 7, 2003, 8:00 a.m. July 11, 2003, 1:26 p.m. July 12, 2003, and July 15, 2005). It was after Bartlett’s “vent” about Wilson that Fleischer says he decided to inform two reporters, NBC’s David Gregory and Time’s John Dickerson, of Plame Wilson’s CIA status. (Dickerson has said Fleischer did not tell him Plame Wilson was a CIA official—see February 7, 2006.) Fleischer testifies that neither Libby nor Bartlett invoked a White House protocol under which colleagues warned him when they were providing classified information that could not be discussed with reporters. [Marcy Wheeler, 1/29/2007; Marcy Wheeler, 1/29/2007; Washington Post, 1/30/2007; New York Times, 2/4/2007]
Post: Fleischer Impugns Libby 'Memory Defense' - The Washington Post calls Fleischer “the most important prosecution witness to date,” and continues: “Though a series of government officials have told the jury that Libby eagerly sought information about [Wilson], Fleischer was the first witness to say Libby then passed on what he learned: that Wilson’s wife was a CIA officer who had sent him on a trip to Africa.… Fleischer also reinforced the prosecution’s central argument: that Libby had been so determined to learn and spread information about Wilson and Plame that he could not have forgotten his efforts” (see January 31, 2006). [Washington Post, 1/30/2007] In 2004, Libby testified that he could not remember if he discussed Plame Wilson with Fleischer, though he admitted that he may have. [US Department of Justice, 3/5/2004 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, John Dickerson, David Gregory, Joseph C. Wilson, Patrick J. Fitzgerald, Dan Bartlett, Peter Zeidenberg, Bush administration (43), Counterproliferation Division, Valerie Plame Wilson, Ari Fleischer, Robert Novak, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Judith Miller, center, enters the courtroom. Her lawyer Robert Bennett is escorting her inside.Judith Miller, center, enters the courtroom. Her lawyer Robert Bennett is escorting her inside. [Source: Kevin Wolf / AP]Former New York Times reporter Judith Miller, who spent 85 days in jail trying to avoid testifying to the grand jury investigating the Valerie Plame Wilson identity leak (see July 6, 2005), testifies in the trial of former White House aide Lewis “Scooter” Libby (see January 16-23, 2007). Miller testifies that Libby told her in confidence that the wife of a prominent critic of the Iraq war, Joseph Wilson, worked at the CIA (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby has testified that he first learned of Plame Wilson’s CIA status three weeks later, from reporter Tim Russert (see July 10 or 11, 2003 and March 24, 2004). [CBS News, 1/25/2007; Washington Post, 7/3/2007]
'Perverted War of Leaks' - During their first meeting, Miller testifies: “Mr. Libby appeared to me to be agitated and frustrated and angry. He is a very low key and controlled guy, but he seemed annoyed.” Prosecutor Patrick Fitzgerald asks, “Did he indicate what he was annoyed at?” Miller replies, “He was concerned that the CIA was beginning to backpedal to try to distance itself from the unequivocal intelligence estimates it had provided before the war.” She goes on to say that Libby had called the CIA’s action “a perverted war of leaks.” During their subsequent meetings, Libby exhibited an increasing irritation with the idea that the CIA would leak information to put distance between itself and earlier estimates of Iraqi WMD capabilities. According to Miller: “He said that nobody had ever [sic] come to the White House from the CIA and said, ‘Mr. President, this is not right.’ He felt that if the CIA had had such doubts, they should have shared them with the president.”
Outing Plame Wilson - Miller testifies that Libby broached the subject of Joseph Wilson’s trip to Africa (see February 21, 2002-March 4, 2002) during their first meeting. At the time, Wilson was still criticizing the administration anonymously (see May 6, 2003), and few outside Washington knew who he was. Miller says that Libby began by calling Wilson “that clandestine guy,” and only later began referring to him by name. Miller testifies, “He [Libby] said the vice president did not know that Mr. Wilson had been sent on this trip” (see March 5, 2002). Libby told Miller that Cheney did not know of Wilson and “did not get a readout” on Wilson’s findings. As “an aside,” Miller testifies, Libby told her during their first meeting that Wilson’s wife “worked in the bureau.” Miller says at first she was not sure what he was referring to, and speculated that “the bureau” might mean the FBI, but, she says, “it became clear that he was referring to the CIA.” Libby never indicated whether Plame Wilson was a covert official, but during the second meeting, he told her (incorrectly) that Plame Wilson worked in WINPAC, the Weapons Intelligence, Non-Proliferation, and Arms Control Center of the CIA. Libby, Miller testifies, viewed the entire Wilson trip as “a ruse—that’s the word he used—an irrelevancy.” She confirms that during their second meeting, Libby took the unprecedented step of having her identify him in her reporting as “a former Hill staffer,” an apparent attempt to mislead readers into thinking the information he was providing to her was coming from someone who used to work in Congress. Miller testifies that she wanted to write about Plame Wilson being a CIA official, but her editor at the Times, Jill Abramson, refused to allow it. [Marcy Wheeler, 1/30/2007; National Review, 1/31/2007]
Leaking NIE Material - Miller says that Libby began providing her with sensitive information culled from the October 2002 National Intelligence Estimate (NIE—see October 1, 2002) during their second and third meetings. Libby told her that the classified information from the NIE was even stronger in its support of Iraqi WMD claims than what he was giving her. Miller wasn’t sure if the information Libby gave her was classified or unclassified. [Marcy Wheeler, 1/30/2007]
'Refreshed' Memory with Notes - Fitzgerald shows Miller that in her initial testimony before his grand jury (see September 30, 2005), she failed to mention her first discussion of Plame Wilson’s identity with Libby on June 23. Miller claims that she refreshed her memory of that first discussion from her notes of the meeting, which she found in a shopping bag near her desk at the Times, and clarified her testimony in a later appearance (see October 12, 2005).
Defense Focuses on Self-Contradictions - During the defense’s cross-examination, Libby’s attorney William Jeffress hammers at Miller over her seemingly contradictory testimony, sometimes eliciting testy responses. Miller tells the court that her memory “is mostly note-driven,” and that rereading the notes “brought back these memories” of the June 23 meeting. [Marcy Wheeler, 1/30/2007; Marcy Wheeler, 1/30/2007; Marcy Wheeler, 1/30/2007; National Review, 1/31/2007; MSNBC, 2/21/2007] Author Marcy Wheeler, observing the proceedings for the progressive blog FireDogLake, notes that Miller seems extremely nervous and fidgety under Jeffress’s cross-examination. [Marcy Wheeler, 1/30/2007] Miller’s January 30 court testimony ends almost an hour ahead of schedule after Jeffress attempts to ask her about other sources besides Libby with whom she may have discussed Wilson. Miller’s attorney, Bob Bennett, objects, saying questions about other sources are off limits. Judge Reggie Walton dismisses the jury for the day and listens to arguments for and against the line of questioning. Jeffress tells Walton, “I think she’s going to say she couldn’t remember which is very important to her credibility.” Defense lawyer Theodore Wells adds that it is important to have Miller answer the question because it would cast doubt on her testimony. “This is classic 101 [witness] impeachment,” he says. Walton will rule against the line of questioning, agreeing with Fitzgerald that quizzing Miller about her information on Iraqi WMDs is irrelevant to the charges pending against Libby. [Marcy Wheeler, 1/30/2007; Wall Street Journal, 1/31/2007]
'I Just Don't Remember' - The next day, Jeffress continues to aggressively cross-examine Miller. She tells the court she is not completely sure she learned of Plame Wilson’s identity from Libby before she learned it elsewhere, giving Libby’s lawyers an avenue to challenge her memory and her credibility. Miller now says she cannot be “absolutely, absolutely certain” that she first heard about Plame Wilson from Libby. As with earlier government witnesses (see January 23-24, 2007, January 24-25, 2007, January 24, 2007, and January 29, 2007), the defense lawyers challenge Miller’s memory and recollection of events. Jeffress notes that she misspelled Plame Wilson’s name in her notes, identifying her as “Valerie Flame.” Miller shows signs of irritation during the cross-examination, at one point repeating loudly: “I just don’t remember. I don’t remember.” [Marcy Wheeler, 1/30/2007; New York Times, 1/31/2007; Marcy Wheeler, 1/31/2007; New York Times, 2/4/2007]

Entity Tags: Joseph C. Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Reggie B. Walton, Marcy Wheeler, Richard (“Dick”) Cheney, Judith Miller, Theodore Wells, Robert T. Bennett, Jill Abramson, Tim Russert, William Jeffress, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Time reporter Matt Cooper testifies at the perjury and obstruction trial of former White House official Lewis “Scooter” Libby about his conversations with Libby concerning the identity of CIA officer Valerie Plame Wilson. Cooper confirms that he learned that Plame Wilson worked with the CIA from both Libby and White House political strategist Karl Rove (see 11:00 a.m. July 11, 2003), but did not ask Libby how he knew Plame Wilson was indeed a CIA officer. According to Cooper, when he mentioned learning from Rove that Plame Wilson was a CIA officer, Libby said, “I’ve heard that too.” Cooper says that Libby did not qualify his statement in any way, though in 2004, Libby testified to the grand jury (see March 5, 2004 and March 24, 2004) that he told both Cooper and reporter Judith Miller that he was merely citing rumors he had heard from other reporters (see July 10 or 11, 2003). Cooper confirms that Libby did not indicate the information about Plame Wilson was classified, nor did he say anything about learning it from other journalists. Libby’s lawyers attack Cooper’s credibility, noting that his testimony does not precisely match what he told his editors at the time, and suggest he could have learned of Plame Wilson’s CIA identity from other reporters. [Marcy Wheeler, 1/31/2007; Washington Post, 2/1/2007; National Review, 2/1/2007; New York Times, 2/4/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Cooper initially said that he considered Libby’s remark “off the record,” a term reporters use to indicate that a comment cannot be used in print. Later, Cooper says he considered it confirmation that could be used as background attribution. He also acknowledges that he changed the wording of Libby’s quote slightly for the Time article. Cooper testifies that he didn’t take any notes on that exchange or include it in his memo to his editor and fellow reporters. “I can’t explain that,” he says. “It was late in the day. I didn’t write it down, but it is my memory.” [Associated Press, 1/31/2007]
Rove's Involvement - Cooper’s testimony gives defense lawyers the opportunity to bring up Rove’s involvement, since Cooper learned of Plame Wilson’s identity from Rove before he learned it from Libby (see 2:24 p.m. July 12, 2003). Cooper says that he was told by Rove that Plame Wilson, not Vice President Dick Cheney, sent former ambassador Joseph Wilson to Niger (see July 6, 2003). [CBS News, 1/25/2007; Marcy Wheeler, 1/31/2007]
Sloppy Journalism - The Washington Post notes of Cooper’s testimony juxtaposed with Judith Miller’s, who preceded him on the stand (see January 30-31, 2007): “The pair’s turn on the witness stand also provided an unflattering portrayal of how some of Washington’s most prominent journalists work. If the testimony of half a dozen government officials earlier in the trial exposed infighting at the highest levels of the Bush administration, the testimony of Cooper and Miller exposed jurors—and the public—to the sloppy and incomplete note-taking of reporters, their inability to remember crucial interviews, and, in Miller’s case, important interview notes stuffed into a shopping bag under her desk.” [Washington Post, 2/1/2007]

Entity Tags: Valerie Plame Wilson, Richard (“Dick”) Cheney, Karl C. Rove, Matthew Cooper, Judith Miller, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Ali Reza Asgari.Ali Reza Asgari. [Source: FARS / Reuters]Iran’s former Deputy Minister of Defense, General Ali Reza Asgari, defects during a visit to Turkey. [Inter Press Service, 12/17/2007] According to former CIA officer Vincent Cannistraro, Asgari is a longtime Western intelligence agent, and is immediately debriefed by Turkish and US intelligence officials. Asgari will be given a new identity; his current whereabouts are unknown to the public. [Guardian, 12/8/2007]
History and Connections - Asgari held the Defense Ministry position from 1997 through 2005, under the regime of reformist Iranian President Mohammed Khatami, and, according to US media reports, was providing the US with intelligence during that time period. [Inter Press Service, 12/17/2007] He is a former intelligence officer in Iran’s Islamic Revolutionary Guard Corps (IRGC), and is believed to have considerable knowledge about several IRGC-ordered terrorist attacks, including the October 1983 bombing of a US Marine barracks in Lebanon (see April 18-October 23, 1983) and the 1996 Khobar Towers bombing in Saudi Arabia (see June 25, 1996). He has close ties to Lebanese terrorist group Hezbollah, and presumably can tell US intelligence about Hezbollah’s military command structure, its overseas networks, and perhaps its cells inside the US. [Time, 3/22/2007]
Source for National Intelligence Estimate - Former CIA officer Philip Giraldi says that Asgari is a “key” source for the intelligence community’s National Intelligence Estimate (NIE) on Iran’s nuclear program, currently in development (see August 2, 2005). Asgari’s information helps the intelligence community determine that Iran had ceased work on its nuclear program in 2003. According to Giraldi, Asgari had been recruited by Turkish intelligence in 2003, and defected after learning that Iranian intelligence had become suspicious of him. Asgari defects with “bags of documents,” presumably including information about Iran’s nuclear program. Asgari will provide information crucial to the US’s ability to monitor sensitive communications among senior Iranian military officials (see July 2007), which helps corroborate the finding that Iran had indeed ceased research into nuclear weapons development. Former National Security Council official Gary Sick will say that Asgari’s knowledge of the Iranian military is critical in determining what is and is not important among the communications intercepts. “There are zillions of pieces of evidence, and what you look for is defined by what you know,” Sick will say. “What Asgari gave them was a new way of looking at the evidence.” It is highly likely that President Bush will be made aware of Asgari’s information soon after Asgari’s debriefing, though the White House will claim that Bush knew nothing of the new intelligence on Iran until August 2007 (see December 3-4, 2007). [Inter Press Service, 12/17/2007]

Entity Tags: Vincent Cannistraro, Islamic Revolutionary Guard Corps, George W. Bush, Hezbollah, Ali-Reza Asgari, Central Intelligence Agency, Gary G. Sick, Hojjat ol-Eslam Seyyed Mohammad Khatami, Philip Giraldi

Timeline Tags: US confrontation with Iran

Lewis Libby’s defense lawyers file a brief with the court arguing that they should be able to present evidence as to Libby’s state of mind during his tenure at the White House even if Libby does not testify on his own behalf. The legal team wants to use what some call a “memory defense”—an assertion that Libby’s workload at the White House was so stressful that he did not deliberately lie to the FBI (see October 14, 2003 and November 26, 2003) and to a grand jury (see March 5, 2004 and March 24, 2004), but merely “misremembered” pertinent facts regarding his involvement in the exposure of Valerie Plame Wilson as a covert CIA official (see January 31, 2006). The lawyers argue that to exclude such evidence, regardless of Libby’s choice to testify or not, would violate his constitutional rights to a fair trial. The brief notes that no decision as to Libby’s testimony has yet been made. [US District Court for the District of Columbia, 2/5/2007 pdf file] Criminal defense attorney Jeralyn Merritt, writing for the progressive blog TalkLeft, notes that according to the defense argument, testifying would force Libby to choose between his Fifth Amendment right to remain silent and his Sixth Amendment right to counsel. The brief also states, in a footnote, that while the lawyers had indicated it was “very likely” Libby would testify, no promises were made (see September 22, 2006). And the lawyers say they want to present three separate categories of classified, security-related evidence to prove Libby’s mental confusion: a government statement admitting relevant facts, testimony by members of Vice President Dic Cheney’s staff and perhaps Cheney himself, and some of Libby’s morning briefings. Merritt agrees with Libby’s lawyers in saying that Libby should be able to present some sort of memory defense without having to testify. “The prosecution has admitted a lot of evidence as to his state of mind,” she writes. “He should have the right to present circumstantial evidence refuting it.” She also believes the Libby lawyers are hesitant to put their client on the stand, and that they may be setting up an argument for an appeal if Libby is convicted. Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, observes that Libby’s strongest argument may be his contention that by testifying, he would void his Fifth Amendment rights. She disagrees with Libby’s intention “to introduce reams and reams of national security materials in an attempt to confuse the jury or to overwhelm them,” or to distract the jury from the fact that he and Cheney were determined to discredit administration critic Joseph Wilson. Merritt contends that Judge Reggie Walton should approve of the motion, while Smith argues for its dismissal. Both agree that it is highly risky for the Libby team not to have their client speak before the jury. [Jeralyn Merritt, 2/6/2007; Christy Hardin Smith, 2/6/2007]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration (43), Jeralyn Merritt, Valerie Plame Wilson, Christy Hardin Smith, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Jurors in the Lewis Libby perjury trial (see January 16-23, 2007) hear six more hours of audio recordings of Libby’s 2003 and 2004 grand jury testimony (see March 5, 2004, March 24, 2004, and February 1-5, 2007). They spent all of yesterday listening to Libby’s testimony from the same audio recordings (see February 5, 2007). Today, jurors hear Libby acknowledging that he originally learned of Valerie Plame Wilson’s CIA identity from his then-boss, Vice President Dick Cheney (see (June 12, 2003)). But, Libby said, he “forgot” that he had learned that information from Cheney, so when he heard it a second time from NBC News bureau chief Tim Russert (see July 10 or 11, 2003), he thought that he was hearing it for the first time. According to Libby, Russert asked him in July 2003, “Did you know that [former] ambassador [Joseph] Wilson’s wife works at the CIA?” Libby added: “And I was a little taken aback by that. I remember being taken aback by it.” Libby’s testimony conflicts with testimony given by many other witnesses, who say Libby discussed Wilson’s wife with them before the stated date of the Libby-Russert conversation. In his grand jury testimony, Russert said he didn’t recall Plame Wilson’s name coming up at all in his conversation with Libby (see February 7-8, 2007). In other portions of the audio tapes, Libby is heard repeatedly claiming that he cannot remember details of conversations other officials have said they had with him. [FireDogLake, 2/5/2007; FireDogLake, 2/6/2007; FireDogLake, 2/6/2007; FireDogLake, 2/6/2007; FireDogLake, 2/6/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Prosecutor Patrick Fitzgerald says of Libby’s claimed memory lapse, “You can’t be startled about something on Thursday [July 10] that you told other people about on Monday [July 7] and Tuesday [July 8].” Fitzgerald is referring to Libby’s disclosure of Plame Wilson’s identity to reporter Judith Miller (see 8:30 a.m. July 8, 2003). [FireDogLake, 2/5/2007; National Journal, 2/19/2007] Jurors are able to follow the audiotapes with printed copies of Libby’s testimony as well as from a display on a large television monitor. [CBS News, 1/25/2007; FireDogLake, 2/5/2007] The grand jury replay will conclude tomorrow morning (see February 7, 2007).

Entity Tags: Joseph C. Wilson, Patrick J. Fitzgerald, Judith Miller, Tim Russert, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Artist’s sketch of Tim Russert testifying in the Libby trial.Artist’s sketch of Tim Russert testifying in the Libby trial. [Source: Art Lien / CourtArtist (.com)]NBC Washington bureau chief Tim Russert testifies in the trial of Lewis “Scooter” Libby (see January 16-23, 2007), following almost three days of videotaped testimony from Libby (see February 7, 2007). Russert’s testimony is virtually identical to statements he previously made to an FBI investigator (see November 24, 2003) and to the Plame Wilson grand jury (see August 7, 2004).
Never Discussed Plame Wilson with Libby - Questioned by prosecutor Patrick Fitzgerald, Russert contradicts Libby’s 2004 testimony, where Libby said he learned of CIA officer Valerie Plame Wilson’s identity from Russert in July 2003 (see March 5, 2004 and March 24, 2004). Russert says that in July 2003 he spoke with Libby, who complained about MSNBC news anchor Chris Matthews’s coverage of the Iraq war (see July 10 or 11, 2003). Libby testified that at the end of that phone call, Russert broached the subject of war critic Joseph Wilson and told him that Wilson’s wife worked for the CIA, saying, “[A]ll the reporters know” that Plame Wilson is a CIA officer. Russert tells the jury: “That would be impossible. I didn’t know who that person was until several days later.” He adds: “If he had told me [Plame Wilson’s identity], I would have asked him how he knew that, why he knew that, what is the relevance of that. And since [it was] a national security issue, my superiors [would] try to pursue it.”
Cross-Examination Focuses on Faulty Recollections - Libby’s lawyer, Theodore Wells, is skeptical of Russert’s denial. “You have the chief of staff of the vice president of the United States on the telephone and you don’t ask him one question about it?” he asks. “As a newsperson who’s known for being aggressive and going after the facts, you wouldn’t have asked him about the biggest stories in the world that week?” Russert replies, “What happened is exactly what I told you.” Wells cites a transcript of Russert’s initial testimony before the FBI, in which he said he could not rule out discussing Plame Wilson with Libby. Russert says he doesn’t believe that is what he told the FBI. Wells asks, “Did you disclose in the affidavit to the court that you had already disclosed the contents of your conversation with Mr. Libby?” Russert attempts to answer, saying, “As I’ve said, sir…” but Wells cuts him off, saying, “It’s a yes or no question.” Russert responds, “I’d like to answer it to the best of my ability.” Wells says: “This is a very simple question. Either it’s in the affidavit or it’s not. Did you disclose to the court that you had already communicated to the FBI the fact that you had communicated with Mr. Libby?” Russert answers, “No” (see Late February or Early March, 2004). Wells attempts to raise questions about Russert’s ethics and credibility, and implies that Russert wanted to see Libby face charges. In follow-up questioning, Fitzgerald asks Russert, “Did you take joy in Mr. Libby’s indictment?” Russert replies: “No, not at all. And I don’t take joy in being here” in the courtroom as a witness. During the second day of Russert’s testimony, defense lawyers ask why Russert told the FBI about his conversation with Libby, but said he would not testify if subpoenaed; Russert says he viewed the FBI conversation and the subpoena differently. During redirect, Fitzgerald notes that during Libby’s grand jury testimony, Libby claimed that he had indeed learned of Plame Wilson’s identity from his then-boss, Vice President Dick Cheney, but had forgotten about it, and when Russert told him about Plame Wilson’s CIA status, it was as if it were new information to him (see February 6, 2007). [FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; CNN, 2/8/2007; New York Times, 2/9/2007; Associated Press, 2/9/2007; MSNBC, 2/12/2007; MSNBC, 2/21/2007] The Associated Press writes: “Wells wants to cast Russert as someone who cannot be believed, who publicly championed the sanctity of off-the-record conversations but privately revealed that information to investigators. Russert said he viewed the FBI conversation and testimony to prosecutors differently.” [Associated Press, 2/9/2007]
Potential Mistrial Averted - The jurors are not supposed to read about the trial in the press or watch television coverage of it; resultingly, they are provided newspapers with the pertinent information scissored out. As the jurors enter the courtroom for Russert’s second day of testimony, Judge Reggie Walton notes that they were given newspapers with a Washington Post article, headlined “Tim Russert on the Uncomfortable Side of a Question,” unredacted. A juror brought the newspaper to the attention of the marshals immediately upon receipt of it, and no juror admits to having read it. Walton rules that no harm has been done, and a potential mistrial is averted. [FireDogLake, 2/7/2007]

Entity Tags: Lewis (“Scooter”) Libby, NBC News, Reggie B. Walton, Joseph C. Wilson, Richard (“Dick”) Cheney, Chris Matthews, Theodore Wells, Valerie Plame Wilson, Patrick J. Fitzgerald, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

In this courtoom sketch, Lewis Libby, at right, watches Robert Novak testify.In this courtoom sketch, Lewis Libby, at right, watches Robert Novak testify. [Source: Art Lien / NBC News]Conservative columnist Robert Novak, who publicly outed covert CIA official Valerie Plame Wilson (see July 14, 2003), testifies in the Lewis Libby perjury and obstruction trial. He is questioned by lead defense attorney Theodore Wells. Like his colleague Bob Woodward (see February 12, 2007), Novak testifies that he learned of Plame Wilson’s CIA status from former State Department official Richard Armitage (see July 8, 2003). He tells the court that both Armitage and White House official Karl Rove have given him permission to disclose their identities as his sources, and to discuss the content of their conversations. Novak says his conversation with Armitage was understood to be entirely on background, and he did not take notes or record the conversation. “I assumed I could write what he said, but I wouldn’t be able to identify him,” he says. Novak testifies, “I had no help and no confirmation from Mr. Libby” concerning Plame Wilson (see July 14, 2003), and notes that he had already decided to write about former ambassador Joseph Wilson’s trip to Niger when he spoke to Armitage (see February 21, 2002-March 4, 2002). He goes on to call Wilson “obnoxious.” [USA Today, 2/12/2007; Associated Press, 2/12/2007; Marcy Wheeler, 2/12/2007; Marcy Wheeler, 2/12/2007; National Review, 2/13/2007; Washington Post, 2/13/2007; New York Times, 2/13/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]

Entity Tags: Theodore Wells, Karl C. Rove, Lewis (“Scooter”) Libby, Joseph C. Wilson, Bob Woodward, Richard Armitage, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial.FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial. [Source: Michael Temchine / New York Times]The New York Times publishes a profile of some of the bloggers covering the Lewis Libby trial. The article, by Times reporter Scott Shane, focuses on the team of six writers and researchers who work on a volunteer basis for FireDogLake (FDL), a liberal blog owned by movie producer and author Jane Hamsher. According to Shane, “FireDogLake has offered intensive trial coverage, using some six contributors in rotation,” including “a former prosecutor [Christy Hardin Smith], a current defense lawyer [Jeralyn Merritt, who also writes for her own blog, TalkLeft], a Ph.D. business consultant [Marcy Wheeler, who has written a book, Anatomy of Deceit, on the subject],” a blogger who has covered the issue since Valerie Plame Wilson’s outing (the pseudonymous “Swopa”), an acknowleged expert on the Iraq/Niger uranium claims (the pseudonymous “eRiposte”), and Hamsher, “all of whom lodge at a Washington apartment rented for the duration of the trial.” Their work is so intensive and the bloggers so well-versed in the intricacies of the trial and its surrounding issues that “[m]any mainstream journalists use [FDL’s live coverage] to check on the trial.”
'Coming of Age' for Bloggers - Shane writes: “For blogs, the Libby trial marks a courthouse coming of age. It is the first federal case for which independent bloggers have been given official credentials along with reporters from the traditional news media” (see Early January, 2007). Robert A. Cox of the Media Bloggers Association says, “My goal is to get judges to think of bloggers as citizen journalists who should get the same protections as other journalists get.” Left-leaning bloggers such as those from FDL routinely disparage Libby and other Bush administration members in their writings, Shane notes, while right-wing blogs covering the trial, such as American Thinker, have targeted prosecution witnesses such as Tim Russert (see February 7-8, 2007) for their criticism. Sheldon Snook, the court official in charge of the news media, says the decision to admit bloggers (five to 10 out of the 100 or so reporters present on busy trial days) has worked out well. Snook tells Shane, “It seems they can provide legal analysis and a level of detail that might not be of interest to the general public but certainly has an audience.” Shane observes that “the Libby trial bloggers are a throwback to a journalistic style of decades ago, when many reporters made no pretense of political neutrality. Compared with the sober, neutral drudges of the establishment press, the bloggers are class clowns and crusaders, satirists and scolds.” Wheeler says covering the trial alongside mainstream reporters has confirmed some of her skepticism about mainstream journalism. “It’s shown me the degree to which journalists work together to define the story,” she says. “[O]nce the narrative is set on a story, there’s no deviating from it.” Hamsher, who is battling breast cancer, says of blogging, “There’s a snarky, get-under-the-surface-of-things quality to it that’s really me.” (The Times later notes that the FDL and other bloggers are not the first to cover a federal trial; anti-tobacco activist Gene Borio covered the trial of the federal government’s lawsuit against the tobacco industry in 2004.) [Marcy Wheeler, 2/8/2007; New York Times, 2/15/2007]
Countered 'Involved' Mainstream Media - In a contemporaneous interview with US News and World Report, Hamsher says of the mainstream coverage: “The media was having difficulty covering it because they were so involved in it. When the investigation started, Karl Rove’s attorney start[ed] putting out all this stuff. And every day the story would change and the blogosphere would document that. We had thousands of people showing up at our site and pointing out that the stories were never consistent. This story had so much information, and so many articles were written that it enabled the blogosphere to take in all of this information. And a cadre of professional people—not kids in their underwear—came together, compared notes, and developed a narrative of the story that was a pushback to the one that was being generated by the powers that be.… Our work on this particular topic has done a lot to defeat the notion that bloggers are fact free.” [Christy Hardin Smith, 2/15/2007] Salon’s progressive blogger Glenn Greenwald calls FDL’s trial coverage “intense, comprehensive, and superb.… [T]hey have produced coverage of this clearly significant event—one which has provided rare insight into the inner workings of the Beltway political and journalistic elite—that simply never is, and perhaps cannot be, matched by even our largest national media outlets.” He notes that even conservative news outlets such as the National Review have relied on FDL’s “liveblogging” of the trial for their reporting. [Salon, 2/15/2007] Shortly before the article comes out, Wheeler posts: “[T]he importance of having this story be told from a blogger’s perspective… is because there is so much about it the mainstream media cannot comfortably report. This story strikes at the core reasons why there are bloggers, why so many readers and writers have decided to invest their time in citizen driven media.” [Marcy Wheeler, 2/8/2007]
Presiding Judge Treats Bloggers as Professionals - Smith writes: “For the record, Judge Walton’s entire staff and all the folks at the courthouse have been wonderful throughout the entire process. From the first day forward, our whole team of bloggers were treated like every other professional covering the case—there was no distinction made, no patronizing attitude, just the same treatment for all of us. The amount of work that has gone into covering this case has been astronomical—the live blogging, the courtroom observations, the late night analysis, all the IMs [instant messages] and phone calls to cross-check details—you name it. But so worth it, still, to get the entire story out and not just blurbs and bits. And I cannot thank Judge Walton and his staff enough for giving us this opportunity. Truly.”
Error in Reporting Corrected - Smith corrects an error in Shane’s reporting, noting that the Media Bloggers Association did not negotiate their media passes to gain admittance to the courtroom; that was done largely by Hamsher and the other FDL contributors, with assistance from author and fellow blogger Arianna Huffington. [Christy Hardin Smith, 2/15/2007]

Entity Tags: Bush administration (43), American Thinker, Robert Cox, Scott Shane, Sheldon Snook, Arianna Huffington, New York Times, “Swopa”, “eRiposte”, National Review, Reggie B. Walton, Marcy Wheeler, Media Bloggers Association, FireDogLake, Gene Borio, Glenn Greenwald, Christy Hardin Smith, Jeralyn Merritt, Karl C. Rove, Lewis (“Scooter”) Libby, Jane Hamsher

Timeline Tags: Niger Uranium and Plame Outing

Neoconservative John Podhoretz, writing for the New York Post’s editorial page, provides much of the information the defense had attempted unsuccessfully to raise during the Libby perjury trial about NBC reporter Tim Russert (see February 14, 2007). Podhoretz is referring to a stipulation the jury heard in final testimony, written by former FBI agent John Eckenrode, who interviewed Russert about his knowledge and potential involvement in the press exposure of CIA official Valerie Plame Wilson (see November 24, 2003). In the interview, Russert said he did not speak to then-White House official Lewis Libby about Plame Wilson, and did not inform him of Plame Wilson’s CIA status, though he could not rule it out completely. Libby has told both the FBI (see October 14, 2003 and November 26, 2003) and a grand jury (see March 5, 2004 and March 24, 2004) that he learned of Plame Wilson’s CIA identity from Russert (see July 10 or 11, 2003). Russert gave a deposition for that same grand jury (see August 7, 2004) and testified in Libby’s trial (see February 7-8, 2007) that he was sure he never spoke to Libby about Plame Wilson. Podhoretz writes: “The question is: How could Russert’s memory of his July 2003 conversation with Libby improve over time? If he wasn’t sure about the details in November 2003, how could he be so certain about them when testifying before a grand jury in 2005? And be even more certain testifying in court in 2007? Should the jury believe Russert’s words now—or take more account of his words in November 2003?” (Podhoretz errs in stating Russert gave the deposition in 2005; he gave that deposition in August 2004.) Podhoretz then advises the Libby defense lawyers to use the apparent contradiction in their closing arguments, which are coming up in a matter of days: “The stipulation will allow the defense to make a strong case in closing arguments next week that Russert’s initial description of the phone call needs to be taken very seriously. The prosecution must prove its case beyond a reasonable doubt. The stipulation casts doubt on Russert’s firm testimony.” Podhoretz believes that the issue can likely lead the jury to find that it cannot conclude beyond a reasonable doubt that Libby perjured himself. Podhoretz concludes by misrepresenting Russert’s statement to Eckenrode: according to Podhoretz, all it took was a single phone call from the FBI for Russert to breach his professional ethics by revealing information about sources to Eckenrode, when in reality Russert told Eckenrode he did not learn of Plame Wilson’s identity from Libby, and battled the subpoena that compelled his testimony for the grand jury (see May 13-20, 2004, May 21, 2004, May 21, 2004, June 2004, June 2, 2004, and June 4, 2004). Podhoretz concludes, “[M]aybe, just maybe, Russert’s original words from November 2003—words he should never have spoken in the first place—will help get my friend Scooter out of his disgraceful mess.” [New York Post, 2/16/2007]

Entity Tags: John Podhoretz, John Eckenrode, Tim Russert, Lewis (“Scooter”) Libby, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Victoria Toensing, a former deputy assistant attorney general in the Reagan administration, writes an op-ed for the Washington Post structured to imitate a legal indictment. Toensing asks if anyone can explain “why Scooter Libby is the only person on trial in the Valerie Plame [Wilson] leak investigation?” (The Washington Post, which publishes the op-ed, does not disclose Toensing’s own ties to Libby’s defense—see March 23, 2005. [Washington Post, 2/18/2007] Neither does it disclose the longtime personal relationship between Toensing, her husband Joseph DiGenova, and columnist Robert Novak, who outed Plame Wilson—see July 14, 2003. [Wilson, 2007, pp. 292] Neither does it disclose Toensing’s frequent criticisms of the investigation, including her position that the CIA and/or Joseph Wilson is responsible for outing Plame Wilson, and her belief that the entire trial is invalid (see November 2-9, 2005, November 3, 2005, November 7, 2005, and September 15, 2006).) Toensing dismisses the arguments laid out by special prosecutor Patrick Fitzgerald that Libby, the former chief of staff to Vice President Dick Cheney, lied to grand jurors (see March 5, 2004 and March 24, 2004) in order to keep secret a White House conspiracy to besmirch the reputation of White House critic Joseph Wilson (see July 6, 2003). Toensing calls the Libby indictment a “he said, she said” case based on conflicting testimony from other people. She proceeds to lay out her own “indictments”:
Patrick Fitzgerald - for “ignoring the fact that there was no basis for a criminal investigation from the day he was appointed,” for “handling some witnesses with kid gloves and banging on others with a mallet,” for “engaging in past contretemps with certain individuals that might have influenced his pursuit of their liberty, and with misleading the public in a news conference because… well, just because.” Toensing argues that Fitzgerald should have known from the outset that Plame Wilson was never a covert agent, and if he didn’t, he could have merely asked the CIA. Toensing writes, “The law prohibiting disclosure of a covert agent’s identity requires that the person have a foreign assignment at the time or have had one within five years of the disclosure, that the government be taking affirmative steps to conceal the government relationship, and for the discloser to have actual knowledge of the covert status.” Toensing is grossly in error about Plame Wilson’s covert status (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006). She also insinuates that Fitzgerald has two conflicts of interest: one in prosecuting Libby, as Fitzgerald investigated the Clinton-era pardon of financier Marc Rich, who was represented by Libby, and another in moving to jail reporter Judith Miller for refusing to provide evidence (see July 6, 2005) because Fitzgerald had subpoenaed Miller’s phone records for another, unrelated prosecution. Toensing questions Fitzgerald’s grant of immunity to former White House press secretary Ari Fleischer (see January 29, 2007), and complains that Fitzgerald allowed NBC News bureau chief Tim Russert to be interviewed with his lawyer present (see August 7, 2004), while columnist Robert Novak “was forced to testify before the grand jury without counsel present.” She concludes by accusing Fitzgerald of “violating prosecutorial ethics by discussing facts outside the indictment during his Oct. 28, 2005, news conference” (see October 28, 2005).
The CIA - “for making a boilerplate criminal referral to cover its derriere.” The Intelligence Identities Protection Act (IIPA), which Toensing helped negotiate in 1982, was never violated, she asserts, because Plame Wilson was never a covert agent. Instead of handling the issue internally, Toensing writes, the CIA passed the responsibility to the Justice Department by sending “a boiler-plate referral regarding a classified leak and not one addressing the elements of a covert officer’s disclosure.”
Joseph Wilson - for “misleading the public about how he was sent to Niger, about the thrust of his March 2003 oral report of that trip, and about his wife’s CIA status, perhaps for the purpose of getting book and movie contracts.” Toensing writes that Wilson appeared on Meet the Press the same day as his op-ed was published in the New York Times, and told host Andrea Mitchell, “The Office of the Vice President, I am absolutely convinced, received a very specific response to the question it asked and that response was based upon my trip there.” Toensing accepts Cheney’s denial of any involvement in Wilson’s trip and his denial that he was ever briefed on Wilson’s findings. Toensing argues that Wilson lied when he told other reporters that he was sent to Niger because of his “specific skill set” and his connections in the region (see February 21, 2002-March 4, 2002), and not because his wife sent him (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Toensing uses portions of the Senate Intelligence Committee report to bolster her claim (see June 11, 2003 and July 9, 2004). She also challenges Wilson’s assertions that his oral report on his trip was not classified (see March 4-5, 2002, (March 6, 2002), March 8, 2002, and March 5, 2002). And she accuses Wilson of “play[ing] coy” about his wife’s CIA status.
The Media - for “hypocrisy in asserting that criminal law was applicable to this ‘leak’ and with misreporting facts to wage a political attack on an increasingly unpopular White House.” Major newspapers have “highfalutin’, well-paid” lawyers who should have known better than to let their clients call for special investigations into the Plame Wilson leak. The media has consistently “display[ed] their prejudice in this case.”
Ari Fleischer - “because his testimony about conversations differs from reporters’ testimony, just as Libby’s does.” Fleischer testified under oath that he revealed Plame Wilson’s identity to two reporters, Time’s John Dickerson and NBC’s David Gregory (see 8:00 a.m. July 11, 2003). Dickerson denies it and Gregory refuses to comment. Fleischer testified he did not tell the Washington Post’s Walter Pincus about Plame Wilson’s identity, contradicting Pincus’s own testimony that Fleischer did, indeed, ask repeatedly about the Wilsons (see January 29, 2007 and February 12, 2007). Because Fleischer “contradicted Pincus as materially as Libby contradicted Russert or Time’s Matthew Cooper,” he should be indicted as well. Instead, Fitzgerald gave Fleischer immunity in return for his testimony (see February 13, 2004). In that case, Toensing argues, Fitzgerald should indict Pincus insamuch as his testimony differs from Fleischer’s.
Former Deputy Secretary of State Richard Armitage - for not publicly revealing that he was perhaps the first to leak Plame Wilson’s name to the press (see June 13, 2003 and July 8, 2003). Armitage also discussed his FBI interview with his then-subordinate, Marc Grossman, the night before Grossman was due to meet with FBI investigators (see June 10, 2003).
The US Justice Department - for “abdicating its legal and professional responsibility by passing the investigation off to a special counsel out of personal pique and reasons of ambition.” Both then-Attorney General John Ashcroft and his deputy, James Comey, could have asked the CIA to confirm Plame Wilson’s covert status, Toensing writes. She also insinuates that Comey acted improperly in giving the investigation to Fitzgerald, “a former colleague and one of his best friends.” [Washington Post, 2/18/2007]
Refutation - Toensing’s arguments are refuted by former CIA agent Larry Johnson, who accuses Toensing of attempted jury tampering (see February 18, 2007).

Entity Tags: John Dickerson, Valerie Plame Wilson, US Department of Justice, Victoria Toensing, Walter Pincus, John Ashcroft, David Gregory, Andrea Mitchell, Ari Fleischer, Central Intelligence Agency, Tim Russert, Senate Intelligence Committee, Washington Post, Richard Armitage, Larry C. Johnson, Lewis (“Scooter”) Libby, Judith Miller, Joseph C. Wilson, Joseph diGenova, James B. Comey Jr., Robert Novak, Matthew Cooper, Office of the Vice President, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Marc Rich, Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial.Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial. [Source: Reuters / Jonathan Ernst]After some final sparring between opposing counsel, the prosecution makes its closing argument in the Lewis Libby perjury and obstruction trial. Assistant prosecutor Peter Zeidenberg opens with a lengthy presentation summing up the prosecution’s case against Libby. [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Evidence Proves Libby Lied to FBI, Grand Jury - According to Zeidenberg, the evidence as presented shows that Libby lied to both the FBI (see October 14, 2003 and November 26, 2003) and the grand jury empaneled to investigate the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). He lied about how he learned about Valerie Plame Wilson’s CIA identity, who he spoke to about it, and what he said when he talked to others about Plame Wilson. A number of witnesses, including NBC reporter Tim Russert (see February 7-8, 2007), testified about Libby’s discussions to them about Plame Wilson’s identity. Libby forgot nine separate conversations over a four-week period, Zeidenberg says, and invented two conversations that never happened, one with Russert and one with Time magazine reporter Matthew Cooper. “That’s not a matter of forgetting or misremembering,” he says, “it’s lying.”
No Evidence of White House 'Scapegoating' - The defense argued in its opening statement that Libby was being “scapegoated” by the White House to protect the president’s deputy chief of staff, Karl Rove (see January 23, 2007). No witness, either for the prosecution or the defense, referenced any such effort to scapegoat Libby. The defense may have promised evidence showing such a conspiracy to frame Libby, but, Zeidenberg says, “unfulfilled promises from counsel do not constitute evidence.”
Libby Learned of Plame Wilson's Identity from Five Administration Officials in Three Days - Zeidenberg then walks the jury through the testimony as given by prosecution witnesses. Both former State Department official Marc Grossman (see January 23-24, 2007) and former CIA official Robert Grenier testified (see January 24, 2007) that Libby had badgered Grossman for information about former ambassador and administration critic Joseph Wilson (see May 29, 2003), and Grossman not only told Libby about Wilson and his CIA-sponsored trip to Niger, but that Wilson’s wife was a CIA official (see June 10, 2003 and 12:00 p.m. June 11, 2003). Zeidenberg notes, “When Grossman told this to Libby, it was the fourth time, in two days, that Libby had been told about Wilson’s wife.” Libby had learned from Vice President Cheney that Wilson’s wife was a CIA official (see (June 12, 2003)). Two hours after Libby’s meeting with Grossman, Grenier told the jury that Libby had pulled him out of a meeting to discuss Wilson (see 2:00 p.m. June 11, 2003). During that impromptu discussion, Grenier told Libby that Wilson’s wife was a CIA official. Libby then learned of Plame Wilson’s CIA status from Cathie Martin, Cheney’s communications aide (see 5:25 p.m. June 10, 2003 and 5:27 p.m. June 11, 2003). Martin, who testified for the prosecution (see January 25-29, 2007), learned of Plame Wilson’s CIA status from CIA press official Bill Harlow. Zeidenberg ticks off the officials who informed Libby of Plame Wilson’s CIA status: Cheney, Grenier, Martin, and Grossman. (Zeidenberg is as yet unaware that Libby had also heard from another State Department official, Frederick Fleitz, of Plame Wilson’s CIA status—see (June 11, 2003)). On June 14, Libby heard about Plame Wilson from another CIA official, briefer Craig Schmall (see 7:00 a.m. June 14, 2003), who has also testified for the prosecution (see January 24-25, 2007). Schmall’s testimony corroborates the testimony from Martin, Grossman, and Grenier, Zeidenberg asserts.
Leaking Information to Judith Miller - On June 23, just over a week after learning Plame Wilson was a CIA official, Libby informed then-New York Times reporter Judith Miller of Plame Wilson’s CIA status (see June 23, 2003). Why? Zeidenberg asks. Because Libby wanted to discredit the CIA over what Libby saw as the agency’s failure to back the administration’s claims about Iraqi WMDs. Miller is the sixth person, Zeidenberg says, that Libby talked to about Plame Wilson. Miller also testified for the prosecution (see January 30-31, 2007).
Told Press Secretary - On July 7, Libby told White House press secretary Ari Fleischer about Plame Wilson (see 12:00 p.m. July 7, 2003). Fleischer, under a grant of immunity from the prosecution, also testified (see January 29, 2007). By that point, Wilson had published his op-ed in the New York Times (see July 6, 2003), a column the administration considered to be highly damaging towards its credibility. Libby told Fleischer that the information about Plame Wilson was to be kept “hush hush.” However, Zeidenberg says, it is likely that Libby intended Fleischer to spread the information about Plame Wilson to other reporters, which in fact he did (see 8:00 a.m. July 11, 2003). Fleischer is the seventh person that evidence shows Libby spoke to concerning Plame Wilson.
Conferring with Cheney's Chief Counsel - The eighth person in this list is David Addington. At the time, Addington was Cheney’s chief counsel; after Libby stepped down over being indicted for perjury and obstruction (see October 28, 2005), Addington replaced him as Cheney’s chief of staff. Addington also testified for the prosecution (see January 30, 2007). Libby asked Addington if the president could legally declassify information at will, referring to the October 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Libby planned on leaking NIE material to Miller on July 8 (see 8:30 a.m. July 8, 2003).
Leaking Classified Material to Miller - As stated, Libby indeed leaked classified material to Miller, during their meeting at the St. Regis Hotel. The “declassification” was highly unusual; only Cheney, Libby, and President Bush knew of the declassification. Libby again told Miller of Plame Wilson’s CIA status, and this time told her, incorrectly, that Plame Wilson worked in the WINPAC (Weapons Intelligence, Nonproliferation, and Arms Control) section of the agency. Cheney and Libby chose Miller, of all the reporters in the field, to leak the information to, Zeidenberg says; in her turn, Miller went to jail for almost three months rather than testify against Libby (see October 7, 2004). That fact damages her credibility as a prosecution witness.
The Russert Claim - Zeidenberg then turns to NBC’s Russert, who also testified for the prosecution (see February 7-8, 2007). Zeidenberg notes that after lead defense attorney Theodore Wells initially asserted that neither Russert nor any other reporter testifying for the prosecution was lying under oath, Wells and other defense attorneys cross-examined Russert for over five hours trying to prove that he indeed did lie. Libby claimed repeatedly to the grand jury that Russert told him of Plame Wilson’s CIA identity (see July 10 or 11, 2003), an assertion Russert has repeatedly denied. Zeidenberg plays an audiotape of Libby’s grand jury testimony featuring Libby’s assertion. Libby, Zeidenberg states, lied to the grand jury. Russert never made any such statement to Libby. [Marcy Wheeler, 2/20/2007] The defense tried to assert that Russert lied about his conversation with Libby because of some “bad blood” between the two. However, “evidence of [such a] feud is completely absent from the trial.” And if such a feud existed, why would Libby have chosen Russert to lie about before the jury? Such an assertion is merely a desperate attempt to discredit Russert, Zeidenberg says.
Matthew Cooper - Zeidenberg then turns to former Time reporter Matthew Cooper, another recipient of a Libby leak about Plame Wilson (see 2:24 p.m. July 12, 2003). Cooper also testified for the prosecution (see January 31, 2007). When Libby told the grand jury that Cooper asked him about Plame Wilson being a CIA official, and Libby said he responded, “I don’t know if it’s true,” Libby lied to the jury. Zeidenberg plays the audiotape of Libby making the Cooper claim. Had Libby made such a statement, Cooper could not have used it as confirmation of his own reporting. Cooper did indeed use Libby as a source for a Time article (see July 17, 2003). Cooper’s testimony is corroborated by Martin’s recollection of the Libby-Cooper conversation. Zeidenberg says: “Martin was present. She never heard any of what you heard Libby just hear it. She never heard, ‘I don’t know if it’s true.’ If she had heard it, she would have said something, because she knew it was true.”
FBI Agent Bond's Testimony - Zeidenberg briefly references testimony from FBI agent Deborah Bond (see February 1-5, 2007), who told the court that Libby may have discussed leaking Plame Wilson’s identity to the press. Bond’s testimony corroborates the prosecution’s assertion that Libby attempted to obscure where he learned of Plame Wilson’s identity.
Grounds for Conviction - Zeidenberg reminds the jury of the three separate instances the prosecution says are Libby lies, then tells them if they find any one of the three statements to be actual lies, they can convict Libby of perjury. “You don’t have to find that all three were false beyond reasonable doubt,” he says. “You have to unanimously agree on any one.” Of the two false statements Libby is charged with making to investigators, the jury need only find one of them is truly false.
Defense Assertions - Zeidenberg turns to Libby’s main defense, that he was so overwhelmed with important work as Cheney’s chief of staff that it is unreasonable to expect him to remember the details that he is accused of lying about (see January 31, 2006). Zeidenberg says the trial has elicited numerous instances of conversations Libby had, for example his conversation with Rove about Robert Novak (see July 8 or 9, 2003), that he remembered perfectly well. Zeidenberg then plays the relevant audiotape from the grand jury proceedings. Why is it, he asks, that Libby can remember that conversation so well, but consistently misremembered nine separate conversations he had about Plame Wilson? “When you consider Libby’s testimony, there’s a pattern of always forgetting about Wilson’s wife,” Zeidenberg says. Libby remembered details about Fleischer being a Miami Dolphins fan, but didn’t remember talking about Plame Wilson. He remembered talking about the NIE with Miller, but not Plame Wilson. He remembered talking about declassification with Addington, but not Wilson’s wife. Zeidenberg calls it a “convenient pattern,” augmented by Libby’s specific recollections about not discussing other issues, such as Cheney’s handwritten notes about Wilson’s op-ed (see July 7, 2003 or Shortly After). The defense also claims that Libby confused Russert with Novak; Zeidenberg puts up pictures of Russert and Novak side by side, and asks if it is credible to think that Libby made such a mistake. The entire “memory defense,” Zeidenberg says, is “not credible to believe. It’s ludicrous.” Libby was far too involved in the administration’s efforts to discredit Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). [Associated Press, 2/20/2007; Marcy Wheeler, 2/20/2007]
Motive to Lie - Zeidenberg addresses the idea of motive: why would Libby lie to the FBI and the grand jury, and why nine government witnesses would lie to the Libby jury. “Is it conceivable that all nine witnesses would make the same mistake in their memory?” he asks. Not likely. It is far more likely that Libby was motivated to lie because when he testified to FBI investigators, he knew there was an ongoing investigation into the Plame Wilson leak. He knew he had talked to Miller, Cooper, and Fleischer. He knew the FBI was looking for him. He knew from newspaper articles entered into evidence that the leak could have severely damaged Plame Wilson’s informant network and the Brewster Jennings front company (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). Even Addington’s testimony, about Libby asking him about the legality of leaking classified information, is evidence of Libby’s anxiety over having disclosed such information. And Libby knew that such disclosure is a breach of his security clearance, not only risking his job, but prosecution as well. So when he is questioned by the FBI, he had a choice: tell the truth and take his chances with firing and prosecution for disclosing the identity of a covert agent, or lie about it. “And, ladies and gentlemen,” Zeidenberg says, “he took the second choice. He made up a story that he thought would cover it.” And when caught out, he claimed to have forgotten that he originally knew about Plame Wilson’s identity. Libby, Zeidenberg says, “made a gamble. He lied. Don’t you think the FBI and the grand jury and the American people are entitled to straight answers?” [Marcy Wheeler, 2/20/2007; Murray Waas, 12/23/2008]
No Conspiracy, Just a Lie - Zeidenberg concludes by telling the jury that there was no grand White House conspiracy to scapegoat Libby, nor was there an NBC conspiracy to smear him. The case is just about Libby lying to federal authorities. “When you consider all the evidence, the government has established that the defendant lied to the FBI, lied to the grand jury, and obstructed justice.” [Marcy Wheeler, 2/20/2007]

Entity Tags: Matthew Cooper, Peter Zeidenberg, Theodore Wells, Robert Novak, Valerie Plame Wilson, Tim Russert, Marc Grossman, Robert Grenier, Lewis (“Scooter”) Libby, Frederick Fleitz, Judith Miller, Bush administration (43), Bill Harlow, Ari Fleischer, Catherine (“Cathie”) Martin, Craig Schmall, David S. Addington, Joseph C. Wilson, Federal Bureau of Investigation, Deborah Bond, Karl C. Rove, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on.Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on. [Source: Art Lien / Court Artist (.com)]Defense lawyer Theodore Wells makes his team’s closing argument in the Lewis Libby perjury and obstruction trial. Wells is following a two-hour closing argument by assistant prosecutor Peter Zeidenberg (see 9:00 a.m. February 20, 2007). [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Indignation - Wells begins by saying he finds Zeidenberg’s arguments so incredible, he thinks he might be drunk. “[I]t sure sounded like I said a lot of things I could not deliver on,” he says. Court observer Marcy Wheeler, notating the arguments for the progressive blog FireDogLake, writes that while Zeidenberg came across as dispassionate and methodical, Wells’s tone is indignant and charged with emotion. In her book Fair Game, former CIA official Valerie Plame Wilson later describes Wells’s demeanor as “over the top, emotional… stalking the courtroom and changing the pitch and cadence of his voice like a seasoned Baptist preacher.” Wells says he will refrain from besmirching Zeidenberg’s character over some of the claims made in his argument, “because I don’t want to be personal.” Wells says that in the grand jury proceedings where Libby allegedly lied under oath (see March 5, 2004 and March 24, 2004), lawyers asked “the same question time after time after time,” causing Libby to stumble and misstate himself. [Wilson, 2007, pp. 293; Marcy Wheeler, 2/20/2007]
Revives Claim of Libby Being 'Scapegoated' - Wells denies claiming the existence of a White House conspiracy to “scapegoat” Libby in his opening statement (see January 23, 2007), saying he instead merely put into evidence the so-called “meat grinder” note from Vice President Dick Cheney that asserted it would be unfair to protect White House official Karl Rove and sacrifice Libby (see October 4, 2003). (Wells is misstating the contents of the note; it does not mention Rove at all.) Instead of lying, Wells says, Libby was “fight[ing] to get clear,” fighting to save his credibility after White House officials “blew him off.”
'He Said, She Said' - Wells asserts Libby’s complete innocence of all the charges brought against him, and says the entire body of evidence amounts to nothing more than a case of “he said, she said,” indicating that witnesses contradicted and disputed one another. Libby’s recollections, Wells says, are different from those of the reporters who testified for the prosecution. None of the charges pertain to Libby’s conversations with the White House officials who testified for the prosecution. The question hinges on whether Libby lied about his conversations with reporters Judith Miller, Matthew Cooper, and Robert Novak. One of the charges, hinging on Libby’s statements about his conversation with Miller, is no longer in contention. Of the conversation with Cooper (see 2:24 p.m. July 12, 2003), Wells says Libby was truthful when he told Cooper he “didn’t know” whether Plame Wilson was a CIA official or not. The evidence supports Libby’s position, Wells says.
Tim Russert - Wells turns to NBC reporter Tim Russert, whom Libby claimed told him about Plame Wilson being a CIA official (see July 10 or 11, 2003). Russert either lied under oath, Wells says, or had a major memory lapse. Because of what Wells calls Russert’s contradictory testimony, that “in and of itself is reasonable doubt,” and grounds for acquittal. The prosecution is flatly wrong in its timeline of events. It is almost certain Russert read Robert Novak’s column naming Plame Wilson as a CIA official on July 11, 2003, after it was issued on the Associated Press wire (see July 11, 2003), and informed Libby of that fact during their conversation shortly thereafter. Perhaps Russert merely misremembered the dates or the events of his discussion with Libby, Wells says, but his testimony was wrong. “You cannot convict Mr. Libby solely on the word of this man,” he says. “It would just be fundamentally unfair.” [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007]
Presumed Innocent - Wells admonishes the jury not to forget that Libby is presumed innocent until proven guilty beyond a reasonable doubt. Libby didn’t testify (see February 13-14, 2007) because the defense is not required to prove the innocence of the accused. The only question, Wells states, is whether Libby is guilty beyond a reasonable doubt. Did the government prove that guilt beyond a reasonable doubt? Wells says no. He then ticks off the five counts of criminal behavior that Libby is charged with, and links each one of them to either Russert, Cooper, or both. In the instances of both reporters, Wells says, there is doubt as to their recollections and therefore doubt as to whether Libby lied about his conversations with them. Wells calls it “madness… that someone would get charged with this.” If Libby misstated himself, Wells says, he did so with good intentions, with a good-faith effort to tell the truth. There was no “deliberate, purposeful intent to lie.” Wells walks the jury through his version of events, which he says proves Libby told the truth to the best of his ability throughout. [Marcy Wheeler, 2/20/2007]
Jeffress - William Jeffress, another defense attorney, takes up the defense’s closing argument after lunch. Wheeler writes that his demeanor is far calmer and reasonable than Wells’s emotional presentation. Jeffress says that common sense alone should lead the jury to find that Libby either told the truth as he understood it or merely misremembered as an honest mistake. The case, he says, is about memory first and foremost. Libby may have misremembered, Jeffress says. The reporters who testified may have misremembered. It is plausible to think that Libby learned of Plame Wilson’s CIA status in June 2003, told some government officials, then in the crush of events, forgot about it until July, when he learned it again from Russert. Jeffress walks the jury through a timeline of how reporters learned of Plame Wilson’s identity from various government officials other than Libby, and says some of them, particularly former press secretary Ari Fleischer, may well have lied under oath to cover themselves (see January 29, 2007). Jeffress plays selections from Libby’s grand jury testimony to bolster his arguments about the various reporters learning of Plame Wilson’s identity from other officials.
Motive to Lie? - Libby had no motive to lie, Jeffress asserts. He was never charged with violating the statutes covering the exposure of a covert intelligence agent (see May 10, 2006). No one has testified that they knew without a doubt that Plame Wilson was covert, though the prosecution implied it more than once. If newspaper articles claimed that Plame Wilson was covert, those articles cannot be taken as factual; many articles and op-eds asserted that Plame Wilson was never covert. “It remains far from clear that a law was violated.” And Libby had no way to know that Plame Wilson was herself covert. No one, not Libby or any other government official who exposed Plame Wilson’s identity, lost their job over exposing her CIA status.
Judith Miller - Jeffress again turns to the issue of reporters’ credibility, beginning with Miller. Her testimony (see January 30-31, 2007) was, he says, marred with mistakes and failures of memory, even going so far as testifying, when she spoke to the grand jury, that she had not learned of Plame Wilson’s CIA status from Libby (see September 30, 2005), and then reversing that claim in subsequent testimony (see October 12, 2005). “Pretty amazing, a person testifying about this after not remembering for two years,” Jeffress observes. As Libby kept no notes of his conversations with Miller, he has only his word to refute her claims. Miller, Jeffress says, is an unreliable witness.
Matthew Cooper - Jeffress, who is running out of time for his portion of the close, turns to Cooper. The difference between Libby’s recollection of events and Cooper’s is, Jeffress asserts, the difference that the government wants the jury to convict on three separate charges. Yet Cooper never wrote about Plame Wilson until after her status was made public. Libby did not serve as a source for his reporting (see July 17, 2003). And as with Miller, Cooper’s testimony proved his failure to keep accurate notes (see January 31, 2007).
Cathie Martin - Jeffress moves quickly to address the testimony of Cathie Martin, then a communications aide to Cheney (see January 25-29, 2007). Martin testified that Libby’s version of his telephone conversation with Cooper was incorrect, and as she was there for the conversation, her testimony is accurate. However, Martin misremembered the number of calls made (two, not one) and did not hear Libby’s side of the conversation accurately. She had no way to know what Cooper was saying on the other end.
Jeffress Concludes - Jeffress concludes by telling the jurors that they are the first people to examine the case “through the lens of a presumption of innocence.” The prosecution, he says, has not proven the charges beyond a reasonable doubt. “It’s not even close.” [Marcy Wheeler, 2/20/2007]
Wells Continues - Theodore Wells once again addresses the jury. He has less than an hour to finish. He refers back to the “meat grinder” note from Cheney that proves, Wells says, Libby did not leak classified information (see June 27, 2003, July 2, 2003, 7:35 a.m. July 8, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, and Late Afternoon, July 12, 2003). Wells also revisits his claim that Libby was “left out to dry” by other White House officials. He disputes the timeline of events from the prosecution, again attacks the credibility of prosecution witnesses such as Russert and Fleischer, and calls the prosecution’s evidence “circumstantial” and unconvincing. He even disputes that Libby was involved in any effort to discredit Joseph Wilson, or that there even was an effort among White House officials to do so. As he reaches the end of his time, Wells’s demeanor once again begins to exhibit agitation and indignation, and he calls the idea that Libby, whom he says devoted himself to serving the Bush administration, committed a crime in that service “outrageous.” He revisits the contention that Libby’s memory was faulty and failed him at inopportune times, calls the courtroom a “laboratory of recollection,” and asks the jurors if they can emphathize with Libby’s forgetfulness. He reminds the jury of former Cheney aide John Hannah’s claims to that effect, and his testimony to Libby’s stressful job (see February 13, 2007). Libby, Wells says, deserves the “benefit of the doubt.” Wells admits that Libby “made mistakes” in his grand jury testimony, but those mistakes were honest “misrecollect[ions].” During his final minutes, Wells becomes emotional, breaking into tears and imploring the jurors not to sacrifice Libby because they might disapprove of the Bush administration or the war in Iraq. “This is a man with a wife and two children,” he says. “He is a good person. He’s been under my protection for the past month. I give him to you. Give him back! Give him back to me!” Wells sits down, sobbing. [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007; Washington Post, 2/21/2007; New York Sun, 2/21/2007]

Entity Tags: Lewis (“Scooter”) Libby, Ari Fleischer, Marcy Wheeler, Catherine (“Cathie”) Martin, Judith Miller, John Hannah, William Jeffress, Karl C. Rove, Tim Russert, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak, Theodore Wells, Peter Zeidenberg, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Jurors begin deliberating in the trial of Lewis “Scooter” Libby (see January 16-23, 2007). In an hour of jury instructions, Judge Reggie Walton tells the jury to focus on the specific charges of perjury and obstruction of justice, and “not to let the nature of the case” affect its deliberations. The jury will deliberate every weekday from 9 a.m. to 5 p.m., with an hour for lunch, until it has reached a verdict. [MSNBC, 2/21/2007; Marcy Wheeler, 2/21/2007; BBC, 7/3/2007] The proceedings begin with a query about a juror’s impartiality towards a lawyer from the firm of Baker Botts, who appeared yesterday with the defense team for closing arguments. Walton determines that no issue exists and turns to jury instructions. [Marcy Wheeler, 2/21/2007] Warning the jury to “follow the law” and not “question the law,” Walton explains that Libby is presumed innocent unless the jury finds him guilty beyond a reasonable doubt, “then you must find guilty.” He walks the jury through each of the charges, and explains how the jury can find verdicts:
bullet On the single obstruction count, the jury can find Libby guilty if it unanimously decides that any one, or more, of three Libby statements are lies: that NBC reporter Tim Russert asked Libby if Valerie Plame Wilson worked at the CIA and said all the reporters knew it (see July 10 or 11, 2003), that Libby was surprised to learn the Plame Wilson information from Russert, and that Libby told reporter Matthew Cooper he’d heard it from reporters but didn’t know it was true.
bullet On one count of lying to the FBI (see October 14, 2003 and November 26, 2003), the jury can find Libby guilty if it finds either or both of his statements about the Russert conversation were lies.
bullet On the other count of lying to the FBI, the jury can find Libby guilty if it decides that Libby lied about the content of his conversation with reporter Matt Cooper (see 2:24 p.m. July 12, 2003).
bullet On two counts of perjury, the jury will have to weigh a number of statements Libby made to the grand jury (see March 5, 2004 and March 24, 2004) about how he learned of Plame Wilson’s CIA employment and whom he told, including four separate statements in one count. [Associated Press, 2/21/2007; Marcy Wheeler, 2/21/2007]
Because of the lengthy instructions from Walton, the jury deliberates less than five hours today. [CBS News, 1/25/2007] The Associated Press reports the jury makeup as “a former Washington Post reporter, an MIT-trained economist, a retired math teacher, a former museum curator (see February 14, 2007), a law firm accountant, a Web architect, and several retired or current federal workers. There are 10 whites and two blacks—unexpected in a city where blacks outnumber whites more than 2-to-1.” [Associated Press, 2/21/2007]

Entity Tags: Central Intelligence Agency, Matthew Cooper, Baker Botts, Tim Russert, Reggie B. Walton, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

The jury in the Lewis Libby perjury trial submits a request for clarification to Judge Reggie Walton. The jury wishes more information pertaining to Charge 3 of the indictment (see October 28, 2005), a perjury charge regarding Libby’s alleged lies about his conversation with Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003). The jurors are not sure whether Libby’s claim of learning about Valerie Plame Wilson’s CIA identity from reporters was made in the context of the conversation. Walton is unclear what the jury is asking, and requests more information about its question. The note reads, “Page 74 of the jury instructions, ‘Count 3 of the indictment alleges that Mr. Libby falsely told the FBI on October 14 or November 26, 2003 (see October 14, 2003 and November 26, 2003), that during a conversation with M. Cooper of Time magazine on July 12, 2003 (see 2:24 p.m. July 12, 2003), Mr. Libby told Mr. Cooper that reporters were telling the administration that Mr. Wilson’s wife worked for the CIA but that Mr. Libby did not know if this was true.” Apparently the jury is confused over whether Libby is charged with lying to Cooper, the FBI, or both. Walton sends the note back with a comment: “I am not exactly certain what you are asking me. Can you please clarify your question?” [US District Court for the District of Columbia, 2/27/2007 pdf file; Marcy Wheeler, 2/28/2007; National Review, 3/5/2007] The next day, the jurors informs Walton that they have figured out the answer to their question on their own. [Jury Notes, 2/28/2007 pdf file; Marcy Wheeler, 2/28/2007; Marcy Wheeler, 2/28/2007]

Entity Tags: Valerie Plame Wilson, Matthew Cooper, Reggie B. Walton, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

A report by the Center on Law and Security (CLS) finds that the “Iraq effect” is costing lives around the world. The report finds that the Iraq occupation is directly to blame for an upsurge in fundamentalist violence worldwide. It finds that the number killed in jihadist attacks around the world has risen dramatically since the Iraq war began in March 2003, comparing the period between 9/11 and the invasion of Iraq with the period since the invasion. The count—excluding the Arab-Israel conflict—shows the number of deaths due to terrorism rose from 729 to 5,420. Iraq has served as the catalyst for a ferocious fundamentalist backlash, according to the study, which says that the number of those killed by Islamists within Iraq rose from 7 to 3,122. A similar rise in attacks has occurred in Afghanistan, Chechnya, in the Kashmir region between India and Pakistan, and throughout Europe. Both President Bush and British Prime Minister Tony Blair insist that the opposite is true. Bush has said, “If we were not fighting and destroying the enemy in Iraq, they would not be idle. They would be plotting and killing Americans across the world and within our borders. By fighting these terrorists in Iraq, Americans in uniform are defeating a direct threat to the American people.” Blair insists that the Iraq war was not been responsible for Muslim fundamentalist attacks such as the 7/7 London bombings which killed 52 people (see July 7, 2005). “Iraq, the region and the wider world is a safer place without Saddam,” Blair said in July 2004. [Independent, 3/1/2007]

Entity Tags: Al-Qaeda, UK Security Service (MI5), George W. Bush, Tony Blair

Timeline Tags: Complete 911 Timeline, Iraq under US Occupation

The jury in the Lewis Libby trial is dismissed three hours early to take care of personal, professional, and medical needs (see March 1, 2007). The jury deliberates less than five hours. [CBS News, 1/25/2007] It also requests clarification on its evaluation of the Libby grand jury transcripts (see March 5, 2004 and March 24, 2004), and further explanation of the term “reasonable doubt” as it would pertain to Libby’s claims of a faulty memory. The jury sends a question to Judge Reggie Walton pertaining to the issue of specificity concerning statements made by Libby to reporter Matthew Cooper in 2003 (see 2:24 p.m. July 12, 2003). This is the second time it has asked for clarification on an issue surrounding the Libby-Cooper conversation (see February 27-28, 2007). The jury’s note to Walton reads, “As count 1 statement 3 (pages 63 & 64) do not contain quotes, are we supposed to evaluate the entire Libby transcripts (testimony) or would the court direct us to specific pages/lines?” The second note reads: “We would like clarification of the term ‘reasonable doubt.’ Specifically, is it necessary for the government to present evidence that it is not humanly possible for someone not to recall an event in order to find guilt beyond reasonable doubt?” According to the National Review, Walton instructed the jury on “reasonable doubt” thusly: “The government has the burden of proving the defendant guilty beyond a reasonable doubt.… Reasonable doubt, as the name implies, is a doubt based on reason—a doubt for which you have a reason based upon the evidence or lack of evidence in the case. If, after careful, honest, and impartial consideration of all the evidence, you cannot say that you are firmly convinced of the defendant’s guilt, then you have a reasonable doubt.” [US District Court for the District of Columbia, 3/2/2007 pdf file; Christy Hardin Smith, 3/2/2007; National Review, 3/5/2007] Former federal prosecutor Andy McCarthy, now a National Review columnist, says: “It’s really a very commonsense concept. If you’re down to parsing it, it’s almost like you’re dealing with a jury that is asking why is the sky blue.” McCarthy says the note may well reflect the confusion and concerns of one or two jurors, rather than the entire panel. “A lot of times when you get notes,” he says, “you think the notes are an indication of where the jury is, and in fact they are an indication of where one or two jurors are. That would suggest that whoever is interested in that is not being led astray by some strange element of federal law, is not being led astray by the nullification defense, but has gotten themselves hung up in the epistemological aspect of not only trials, but of life. How do I know what I know? When you have people who are hung up on that, when they start to break down things that are commonsense elemental things, that is a very bad sign in terms of getting the case resolved.” [National Review, 3/5/2007] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, observes that queries about reasonable doubt are common among jurors, and it’s counterproductive to read too much into them. “[M]ost criminal juries get to it eventually,” she writes. [Christy Hardin Smith, 3/2/2007]

Entity Tags: Reggie B. Walton, Matthew Cooper, Christy Hardin Smith, Andy McCarthy

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton, presiding over the Libby perjury trial, responds to the jury’s request for additional explanation of the term “reasonable doubt” as it pertains to defendant Lewis Libby’s claims of faulty memory leading him to lie to a grand jury (see March 2, 2007). Walton responds that he has given the jury as clear an explanation of the term as he can, and advises the jurors to reread the jury instructions. [US District Court for the District of Columbia, 3/5/2007 pdf file] The lawyers engage in a brief debate with Walton, with the jury out of the courtroom, indicating that the jury’s questions relate to the charge that Libby lied to the FBI about a telephone conversation he had with reporter Matthew Cooper concerning CIA official Valerie Plame Wilson (see 2:24 p.m. July 12, 2003). The jury asks Walton if it can use Libby’s 2004 grand jury testimony in determining Libby’s “state of mind” (see March 5, 2004 and March 24, 2004). Prosecutor Patrick Fitzgerald says Walton should answer “yes” insomuch as all the evidence in the case helped establish Libby’s state of mind. Libby’s lawyers disagree, saying the grand jury testimony could not be proof of the earlier statement, referring to Libby’s revelation to Cooper that Plame Wilson was a CIA official. Walton agrees with both arguments, and says his instructions to the jury will have to be carefully crafted. [Associated Press, 3/5/2007; Marcy Wheeler, 3/5/2007; Marcy Wheeler, 3/5/2007; Marcy Wheeler, 3/5/2007] Towards the end of the day, Walton and the lawyers engage in a rather abstruse discussion of the legalities surrounding the charges and the jury’s probable verdict. [Marcy Wheeler, 3/5/2007; Marcy Wheeler, 3/5/2007]

Entity Tags: Matthew Cooper, Federal Bureau of Investigation, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Fox News tells viewers Libby not guilty.Fox News tells viewers Libby not guilty. [Source: NewsCorpse (.com)]Fox News takes an alternate view from most news outlets in reporting Lewis Libby’s convictions on four out of five felony charges (see March 6, 2007). In its news crawler on the bottom of the television broadcast, it reports, “Scooter Libby found not guilty of lying to FBI investigators.” [Wilson, 2007, pp. 295]

Entity Tags: Lewis (“Scooter”) Libby, Fox News

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The New York Post joins the National Review (see March 6, 2007 and March 6, 2007) in demanding an immediate presidential pardon for convicted felon Lewis Libby (see March 6, 2007). The Post accuses “Democrats and Bush-bashers in the media” of “chortling with glee” over the guilty verdicts, and says special counsel Patrick Fitzgerald now “has a high-level scalp on his belt,” Libby’s. The Post joins many other conservative media pundits and publications in asking why Libby was prosecuted for leaking Valerie Plame Wilson’s name to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003) when the first admitted leaker was another government official, former Deputy Secretary of State Richard Armitage (see June 13, 2003). (The Post fails to note that Armitage admitted to his leak—see October 2, 2003—while Libby committed perjury and obstruction of justice in his untruthful denials of leaking Plame Wilson’s identity—see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004.) Instead, the Post writes, the entire investigation and trial was about “[s]coring points against [President] Bush. That much is obvious, given prosecutor Fitzgerald’s conduct during Libby’s trial.” The Post charges Fitzgerald with being “blatantly political” in charging Vice President Dick Cheney with orchestrating the leak and violating the court’s orders not to discuss Plame Wilson’s covert status (see 9:00 a.m. February 20, 2007). It paints the jury as “wholly confused,” and writes that perhaps the jury was less interested in issuing a fair verdict for Libby and more interested “in just going home.” The Post exhorts President Bush to pardon Libby, and writes: “Sure, he’d take a lot of political heat for it. But Libby was in the dock because of politics—and turnabout is fair play. Free Scooter Libby.” [New York Post, 3/7/2007]

Entity Tags: Valerie Plame Wilson, George W. Bush, Lewis (“Scooter”) Libby, New York Post, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

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

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

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

Senator Charles Grassley (R-IA) tells 60 Minutes that he has looked into the investigation of the 2001 anthrax attacks (see October 5-November 21, 2001), and has concluded that there was leaking by top government officials—not to shut down the sole publicly named suspect, Steven Hatfill, but to disguise a lack of progress in the investigation. Asked if he has any evidence that government officials knowingly planted false information in the press, Grassley replies, “I believe the extent to which they wanted the public to believe that they were making great progress in this case, and the enormous pressure they had after a few years to show that, yes, that they was very much misleading the public.” He adds that the leaking hurt the investigation: “Because it gave people an indication of where the FBI was headed for. And if you knew what that road map was, that if you were a guilty person you would be able to take action to avoid FBI.” [CBS News, 3/11/2007]

Entity Tags: Charles Grassley, Steven Hatfill, Federal Bureau of Investigation

Timeline Tags: Domestic Propaganda, 2001 Anthrax Attacks

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

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

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

Valerie Plame Wilson testifies before the House Oversight Committee.Valerie Plame Wilson testifies before the House Oversight Committee. [Source: Life]The House Oversight Committee holds a hearing about the ramifications of the Lewis Libby guilty verdict (see March 6, 2007) and the outing of former covert CIA agent Valerie Plame Wilson (see July 14, 2003). Plame Wilson is the star witness, and for the first time publicly discusses the leak and her former status as a covert agent. As earlier revealed by authors Michael Isikoff and David Corn in their book Hubris, Plame Wilson was the covert operations chief for the Joint Task Force on Iraq (JTFI), a section of the CIA’s Counterproliferation Division (CPD), which itself is part of the agency’s clandestine operations directorate. Indeed, as Libby special prosecutor Patrick Fitzgerald has already stated, the fact of her employment with the CIA was itself classified information (see October 28, 2005). [Wilson, 2007, pp. 299; Think Progress, 3/16/2007; Nation, 3/19/2007]
Republican Attempts to Close Hearing Fail - Tom Davis (R-VA), the committee’s ranking Republican, attempts to close Plame Wilson’s testimony to the public on the grounds that her statements might threaten national security. “It would be with great reluctance, but we have to protect confidential information,” he says. Politico reporter John Bresnahan describes Davis as “clearly unhappy that the hearing is taking place at all, so his threat has to be viewed in that context.” Davis goes on to say: “We are mining something that has been thoroughly looked into. There are so many other areas where [Congressional] oversight needs to be conducted instead of the Plame thing.” The hearing will remain open to the public. [Politico, 3/14/2007]
Pre-Testimony Jitters - In her book Fair Game, Plame Wilson recalls the jitters she experiences in the hours leading up to her appearance before the committee. She had tried, in the days before the hearing, “to think of every possible question the committee could throw at me.… I had to be sharp to avoid giving any information that the CIA would deem sensitive or classified. It was a minefield.” She is relieved to learn that CIA Director Michael Hayden has met with committee staffers and, she will write, “explicitly approved the use of the term ‘covert’ in describing my cover status.” She will write that though she still cannot confirm the length of her service with the CIA, she can “at least counter those who had suggested over the last few years that I was no more than a ‘glorified secretary’” (see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). [Wilson, 2007, pp. 299]
CIA Confirmed Plame Wilson's Covert Status - Before Plame Wilson testifies, committee chairman Henry Waxman (D-CA) reads a statement saying that she had been a “covert” officer” who had “served at various times overseas” and “worked on the prevention of the development and use of weapons of mass destruction against the United States.” Waxman notes that the CIA had cleared this statement. And during subsequent questioning, committee member Elijah Cummings (D-MD) reports that Hayden had told him, “Ms. Wilson was covert.” [Nation, 3/16/2007; Think Progress, 3/16/2007; FireDogLake, 3/16/2007; Christy Hardin Smith, 3/16/2007]
Confirms Her Status in CPD - Plame Wilson testifies that she is still bound by secrecy oaths and cannot reveal many of the specifics of her CIA career. However, she testifies, “I served the United States of America loyally and to the best of my ability as a covert operations officer for the Central Intelligence Agency.” She says, “In the run-up to the war with Iraq, I worked in the Counterproliferation Division of the CIA, still as a covert officer whose affiliation with the CIA was classified.” She also notes that she helped to “manage and run secret worldwide operations.” Prior to the Iraq war, she testifies, she had “raced to discover intelligence” on Iraq’s weapons of mass destruction. “While I helped to manage and run secret worldwide operations against this WMD target from CIA headquarters in Washington, I also traveled to foreign countries on secret missions to find vital intelligence.” Those trips had occurred within the last five years, she says, contradicting arguments that she had not functioned as a covert agent within the last five years and therefore those who revealed her identity could not be held legally accountable (see February 18, 2007). “Covert operations officers, when they rotate back for temporary assignment in Washington, are still covert,” she says. Furthermore, far from her identity as a CIA agent being “common knowledge on the Georgetown cocktail circuit,” as some have alleged (see September 30, 2003, July 12, 2004, and March 16, 2007), she testifies that she can “count on one hand” the number of people outside the agency who knew of her CIA status before her outing by White House officials. “But, all of my efforts on behalf of the national security of the United States, all of my training, and all of the value of my years service were abruptly ended when my name and identity were exposed irresponsibly.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007; Mother Jones, 3/16/2007] During this portion of testimony, Davis repeats an assertion that neither President Bush nor Vice President Dick Cheney were aware of Plame Wilson’s covert status during the time of her exposure. [FireDogLake, 3/16/2007]
'They Should Have Been Diligent in Protecting Me and Other CIA Officers' - Plame Wilson testifies that, as the Libby trial progressed, she was “shocked and dismayed by the evidence that emerged. My name and identity were carelessly and recklessly abused by senior government officials in both the White House and the State Department. All of them understood that I worked for the CIA, and having signed oaths to protect national security secrets, they should have been diligent in protecting me and every CIA officer.” Many agents in CPD are covert, she says, and thusly, officials such as Cheney and Libby, who knew she worked in that division, should have been careful in spreading information about her.
'Grave' Damage to National Security - Plame Wilson says she cannot be specific about what kind of damage was done by her identity being revealed (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006); the CIA did perform a damage assessment, but did not share the results with her, and that assessment is classified (see Before September 16, 2003). “But the concept is obvious,” she says. “Not only have breaches of national security endangered CIA officers, it has jeopardized and even destroyed entire networks of foreign agents who in turn risked their own lives and those of their families—to provide the United States with needed intelligence. Lives are literally at stake. Every single one of my former CIA colleagues, from my fellow covert officers, to analysts, to technical operations officers, to even the secretaries, understands the vulnerability of our officers and recognizes that the travesty of what happened to me, could happen to them. We in the CIA always know that we might be exposed and threatened by foreign enemies. It was a terrible irony that administration officials were the ones who destroyed my cover… for purely political motives.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007] She refuses to speculate as to the intentions of White House deputy chief of staff Karl Rove in exposing her identity (see July 10, 2005). [FireDogLake, 3/16/2007]
Politicization of Intelligence Dangerous, Counterproductive - Plame Wilson decries the increasingly partisan politicization of intelligence gathering and presentation under the Bush regime, saying: “The tradecraft of intelligence is not a product of speculation. I feel passionately as an intelligence professional about the creeping, insidious politicizing of our intelligence process. All intelligence professionals are dedicated to the ideal that they would rather be fired on the spot than distort the facts to fit a political view—any political view—or any ideology.… [I]njecting partisanship or ideology into the equation makes effective and accurate intelligence that much more difficult to develop. Politics and ideology must be stripped completely from our intelligence services, or the consequences will be even more severe than they have been and our country placed in even greater danger. It is imperative for any president to be able to make decisions based on intelligence that is unbiased.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007]
No Role in Deciding to Send Husband to Niger - Plame Wilson discusses the persistent rumors that she dispatched her husband, former ambassador Joseph Wilson, to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002). Such rumors imply that Wilson was unqualified for the mission, and was sent by his wife for reasons having to do with partisan politics and nepotism (see July 9, 2004). Plame Wilson testifies that she had no authority to send her husband anywhere under CIA auspices, that it was a co-worker’s suggestion, not hers, to send her husband (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), and that her participation was limited to writing a note outlining her husband’s qualifications for such a fact-finding mission (see Fall 1999 and February 13, 2002). She testifies that a colleague had been misquoted in an earlier Senate Intelligence Committee report in saying that she proposed her husband for the trip, and that this colleague was not permitted to correct the record. [FireDogLake, 3/16/2007; Nation, 3/16/2007; Nation, 3/19/2007]
Further Investigation Warranted - After Plame Wilson concludes her testimony, Waxman declares: “We need an investigation. This is not about Scooter Libby and not just about Valerie Plame Wilson.” Journalist David Corn concurs: “Waxman was right in that the Libby trial did not answer all the questions about the leak affair, especially those about the roles of Bush administration officials other than Libby. How did Cheney learn of Valerie Wilson’s employment at the Counterproliferation Division and what did he do with that information? How did Karl Rove learn of her CIA connection? How did Rove manage to keep his job after the White House declared anyone involved in the leak would be fired?… What did Bush know about Cheney’s and Rove’s actions? What did Bush do in response to the disclosure that Rove had leaked and had falsely claimed to White House press secretary Scott McClellan that he wasn’t involved in the leak?” Republican committee members are less sanguine about the prospect of such an investigation, with Davis noting that special prosecutor Patrick Fitzgerald had already conducted an investigation of the leak. Corn writes: “Not all wrongdoing in Washington is criminal. Valerie Wilson’s presence at the hearing was a reminder that White House officials (beyond Libby) engaged in improper conduct (which possibly threatened national security) and lied about it—while their comrades in the commentariat spinned away to distort the public debate.” [Nation, 3/16/2007; Nation, 3/19/2007]

Entity Tags: Central Intelligence Agency, House Committee on Oversight and Government Reform, Joint Task Force on Iraq, David Corn, George W. Bush, Henry A. Waxman, Elijah Cummings, Valerie Plame Wilson, Counterproliferation Division, Scott McClellan, Lewis (“Scooter”) Libby, Karl C. Rove, Tom Davis, Michael Hayden, Joseph C. Wilson, John Bresnahan, Richard (“Dick”) Cheney, Michael Isikoff, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Mustafa Ahmed al-Hawsawi. The picture is taken from a stamped document prior to 9/11.Mustafa Ahmed al-Hawsawi. The picture is taken from a stamped document prior to 9/11. [Source: US District Court for the Eastern District of Virginia, Alexandria Division]At his combat status review tribunal in Guantanamo Bay, 9/11 facilitator Mustafa Ahmed al-Hawsawi denies providing a large amount of funds for the plot, although he does admit knowing some of the hijackers and helping them travel to the US. According to the Los Angeles Times, his denial that he provided substantial amounts to the hijackers is surprising because, “US authorities, as well as the Sept. 11 commission that investigated the attacks, have long alleged that al-Hawsawi was a top lieutenant of plot mastermind Khalid Shaikh Mohammed… [and he]… arranged funding and travel for several of the 19 hijackers.” Meyer also points out that, “the unclassified summary of evidence read at the hearing did not mention any instances in which he allegedly sent money to them. When specifically asked during the hearing if he had done so, al-Hawsawi said he had not.” [Los Angeles Times, 3/30/2007] The unclassified facts supporting his designation as an enemy combatant mostly relate to his receiving money transfers from some of the hijackers just before 9/11 (see September 5-10, 2001), a laptop computer hard-drive containing information about al-Qaeda that is said to be “associated with the detainee,” and a nineteen-page address book. He admits returning to Pakistan just before 9/11 on the advice of 9/11 managers Ramzi bin al-Shibh and Khalid Shaikh Mohammed, meeting Osama bin Laden and Ayman Al-Zawahiri, receiving military training in an al-Qaeda camp, meeting four of the muscle hijackers (see Early-Late June, 2001), and talking to Mohamed Atta on the phone. However, he says that the information on the hard-drive was copied from other computers and was not put there by him, the address book is not his, he never swore bayat to Bin Laden, and is therefore not an al-Qaeda member. [US department of Defense, 3/21/2007 pdf file] Several other high-value detainees have combat status review tribunals hearings at this time (see March 9-April 28, 2007).

Entity Tags: Mustafa Ahmed al-Hawsawi

Timeline Tags: Complete 911 Timeline

At a Guantanamo Bay tribunal to decide his combat status (see March 9-April 28, 2007), militant Islamist logistics manager Abu Zubaida (see March 28, 2002) is accused of heading Khaldan and Darunta training camps in Afghanistan and of co-ordinating their operation with Osama bin Laden, as well as moving money for al-Qaeda, desiring fraudulently-obtained Canadian passports for a terrorist plot, and making diary entries about planned attacks in the US. [US Department of Defense, 3/27/2007 pdf file]
Complaints of Torture, Admission of False Confessions - Zubaida complains of being tortured in US custody (see Mid-May 2002 and After and March 10-April 15, 2007). Zubaida’s statements about his treatment in US custody will be redacted from the trial transcripts, but a few remarks remain. In broken English, Zubaida states: “I was nearly before half die plus [because] what they do [to] torture me. There I was not afraid from die because I do believe I will be shahid [martyr], but as God make me as a human and I weak, so they say yes, I say okay, I do I do, but leave me. They say no, we don’t want to. You to admit you do this, we want you to give us more information… they want what’s after more information about more operations, so I can’t. They keep torturing me.” The tribunal president, a colonel whose name is also redacted, asks, “So I understand that during this treatment, you said things to make them stop and then those statements were actually untrue, is that correct?” Zubaida replies, “Yes.” [US Department of Defense, 3/27/2007 pdf file; Vanity Fair, 12/16/2008]
Denies Being Al-Qaeda Member or Enemy of US - He goes on to deny that he is an “enemy combatant,” saying that the Khaldan training camp, which he admits being logistics manager of, was around since the Soviet-Afghan War and was also used to train Muslims who wanted to fight invaders in Muslim lands, such as Chechnya, Kashmir, the Philippines, and Bosnia, where “America helped us.” After he was captured the US administration exaggerated his importance, and some media accounts have suggested his role was greatly exaggerated (see Shortly After March 28, 2002). He denies being an official member of al-Qaeda and says he disagrees with attacks on civilians. However, he admits some of his trainees subsequently decided to join al-Qaeda and that he did not prevent them from doing this. He also denies moving the money and submits a volume of his diary that apparently shows he was in Pakistan when the charges state he went to Saudi Arabia to collect the money. He requests the production of other volumes of his diaries, on which some of the charges are based, but they are not made available to the tribunal. In addition, he denies corresponding with bin Laden before 2000 and details a dispute that arose between them after that time. He says his diary entries about military targets are “strictly hypothetical,” and the passports are for non-terrorist travel. Following the US invasion of Afghanistan, he admits he helped non-aligned fighters escape from South Asia. He states that he is an enemy of the US because of its alliance with Israel, which he claims is oppressing his fellow Palestinians, saying, “A partner of a killer is also a killer.” [US Department of Defense, 3/27/2007 pdf file]

Entity Tags: Darunta training camp, Abu Zubaida, Al-Qaeda, Khaldan training camp

Timeline Tags: Torture of US Captives, Complete 911 Timeline

ACLU advertisement against the Military Commissions Act.ACLU advertisement against the Military Commissions Act. [Source: ACLU]The American Civil Liberties Union strongly objects to the stripping of habeas corpus rights contained within the Military Commissions Act (MCA—see October 17, 2006). The ACLU observes, “Habeas corpus isn’t a fancy legal term. It’s the freedom from being thrown in prison illegally, with no help and no end in sight. No president should ever be given the power to call someone an enemy, wave his hand, and lock them away indefinitely. The Founders made the president subject to the rule of law. They rejected dungeons and chose due process.” [American Civil Liberties Union, 3/28/2007]

Entity Tags: Military Commissions Act, American Civil Liberties Union

Timeline Tags: Civil Liberties

Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) at Guantanamo in July 2009.Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) at Guantanamo in July 2009. [Source: International Committee of the Red Cross]At his Combat Status Review Tribunal hearing in Guantanamo Bay (see March 9-April 28, 2007), 9/11 facilitator Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) denies being an enemy combatant and says he has provided “vital information” to the US. Regarding the allegations against him:
bullet He admits sending money to hijacker Marwan Alshehhi in the US, but says it was Alshehhi’s money and he regularly moved money for others—he did not know Alshehhi intended to hijack airliners (see June 28-30, 2000);
bullet He admits knowing and working for Khalid Shaikh Mohammed (KSM), his uncle, but says he had no idea KSM was connected to al-Qaeda;
bullet He admits leaving Dubai just before 9/11, but says this was due to residence permit problems (see September 9-11, 2001);
bullet He also denies various other allegations made against him and says he has never been a member of al-Qaeda, trained in the camps, or met Osama bin Laden and Ayman al-Zawahiri.
Statements by KSM and Ramzi bin al-Shibh saying he was not involved in the operation are also submitted in his defense. In his final statement to the tribunal he says: “Ever since I was turned in to the United States government, about four years ago, the government uses my services by getting information from me about al-Qaeda activities and personnel that I obtained through independent research. The United States has benefited from the vital and important information I supplied by foiling al-Qaeda plans and obtaining information on al-Qaeda personnel… So, is it fair or reasonable that after all the important and vital information I have supplied to the United States government that I be considered an enemy combatant?” [US Department of Defense, 4/12/2007 pdf file] The CIA refuses to comment on Ali’s claim he is cooperating. [Los Angeles Times, 4/13/2007]

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

Timeline Tags: Complete 911 Timeline

Conservative radio host Rush Limbaugh tells his audience why he believes Democrats support affirmative action, the set of legal guidelines that mandate equitable hiring practives on the basis of race. “I made this point in the early eighties, mid-eighties when this all started,” he says. “Affirmative action is about making sure that the race wars never end.” Authors Kathleen Hall Jamieson and Joseph N. Cappella, in their book Echo Chamber, will note that Limbaugh’s audience, like those of most conservative pundits and talk shows, is overwhelmingly white. [Jamieson and Cappella, 2008, pp. 102]

Entity Tags: Kathleen Hall Jamieson, Rush Limbaugh, Joseph N. Cappella

Timeline Tags: Domestic Propaganda

Conservative radio host Glenn Beck tells his listeners that because he is American, white, Christian, and conservative, he “can’t win.” “Conservatives get no respect,” he says, and adds: “[I]f you are a white human that loves America and happens to be a Christian, forget about it, Jack. You are the only one that doesn’t have a political action committee for you.… I mean, I was talking about it with my family yesterday. I said, ‘I’m tired of being the least popular person in the world.‘… We’re Americans. Nobody likes Americans. We’re Americans, so the world hates us. But then inside of America, we love America—and that’s becoming more and more unpopular.” Being a Christian “is not popular anymore,” he claims, and says: “I’ve got to find one thing that I agree with the rest of the world on, I guess. I’m tired of being in that group.” For all of Beck’s claims of being unpopular because of his heritage, his faith, and his race, he hosts a daily radio show, an evening program on CNN Headline News, and serves as a commentator on ABC’s Good Morning America. [Media Matters, 4/2/2007]

Entity Tags: Glenn Beck

Timeline Tags: Domestic Propaganda

Critics say that the legal pursuit of former Wisconsin state purchasing official Georgia Thompson, whose conviction on corruption charges was overturned by a federal appeals court (see April 5, 2007), may have been politically motivated. State Representative David Travis (D-Westport) says Thompson was persecuted by US Attorney Steven Biskupic, a Bush administration appointee. “I think it’s right out of the Karl Rove playbook,” he says, referring to White House political chief Karl Rove. “I never thought I’d see a prosecution like this. That woman is innocent. He’s ruined her life.” Republicans used Thompson’s prosecution and conviction (see June 13, 2006) as a centerpiece of their attempt to thwart the re-election attempts of Governor Jim Doyle (D-WI), who survived a 2006 challenge by Mark Green (R-WI), who accused Doyle of corruption throughout the campaign. Representative Tammy Baldwin (D-WI) calls on Congress to investigate the prosecution, saying the prosecution ties into Congress’s investigation into the firing of eight US Attorneys (see December 7, 2006 and December 20, 2006). “Congress should also look into whether partisan politics influenced, or even dictated, the investigations conducted by the US Attorneys’ offices in order to stay in the [Bush] administration’s good graces,” Baldwin says. “The 7th Circuit acquittal of Georgia Thompson, after a widely publicized pre-election prosecution, certainly raises serious questions about the integrity and motivation of the prosecutor.” Senator Patrick Leahy (D-VT), the chairman of the Senate Judiciary Committee, asks Attorney General Alberto Gonzales to turn over all of the Justice Department’s records in the Georgia Thompson case to the committee, “including any communications between the Justice Department, the White House, and any other outside party, including party officials.” Leahy, joined by Wisconsin’s two senators Herb Kohl (D-WI) and Russell Feingold (D-WI), also asks Gonzales to turn over records related to voter fraud investigations in Wisconsin (see Early 2005) and any records pertaining to Biskupic’s possible firing. Wisconsin Democrats have long considered Thompson’s prosecution an attempt to besmirch Doyle before the 2006 election, and have accused Biskupic of mounting a politically motivated pursuit of an innocent government official. [Milwaukee Journal-Sentinel, 4/7/2007; Associated Press, 4/10/2007; Associated Press, 4/10/2007] Feingold says in a statement that Thompson was the victim of a “miscarriage of justice,” and adds, “In light of ongoing concerns about the politicization of US Attorneys’ offices around the country, I am seeking further information from the Department of Justice on how this case and voter fraud cases after the 2004 election came about and whether there was improper political pressure to pursue them.” [Federal Document Clearing House, 4/10/2007]
Denials of Political Motivations - Biskupic’s First Assistant US Attorney (FAUSA) Michelle Jacobs says that the prosecution of Thompson was not politically motivated, and the office received no contact from the White House or the Justice Department. “They acted on the evidence as they found it, convinced a jury of 12 that there was criminal conduct, convinced a judge who has been sitting on a state and federal bench for 33 years that the verdict was sound,” Jacobs says. “But we just did not convince the court of appeals, and we’ll respect the court of appeals decision.” Andy Gussert, president of the state employees union AFT-Wisconsin, says Congress should look into the Thompson case because servants should “not become political footballs to be kicked around.” He adds: “This prosecution raises additional questions that resonate with concerns about the recent firings of US Attorneys. If people are to have faith in our judicial system, those questions will need answers.” Former State Attorney General Peg Lautenschlager, who was involved in the Thompson investigation, says the investigation was not politically motivated. Lautenschlager is a Democrat, but is considered a political enemy of Doyle’s.
Thompson Nearly Destitute - Thompson’s lawyer, Stephen Hurley, says Thompson has been left almost entirely penniless by the case. She lost her $77,300-a-year state job, about $60,000 in back wages, and owes somewhere between $250,000 and $400,000 in legal fees. She was forced to cash in her state pension and sell her $264,700 condominium, which she had paid off entirely. Travis says the federal government should pay her lost wages and legal costs, and compensate her for her time in prison. State officials say they are prepared to offer Thompson her old job or a similar position at the same salary, and are investigating whether they can reimburse her back wages and pay her legal bills. Thompson says she does not want her old job back, but would like another job in the same division. She is very concerned with staying out of the public spotlight. [Milwaukee Journal-Sentinel, 4/7/2007; Associated Press, 4/10/2007]
Biskupic Considered for Firing - Unbeknownst to Congress or the press, Biskupic was considered for firing in 2005 (see March 2, 2005), but was later removed from the list of people to be fired. Biskupic himself will soon claim that he did not prosecute Thompson for political purposes (see April 14, 2007).

Entity Tags: David Travis, Andy Gussert, Tammy Baldwin, US Department of Justice, Bush administration (43), Alberto R. Gonzales, Stephen Hurley, Russell D. Feingold, Steven M. Biskupic, Patrick J. Leahy, Herbert Kohl, Georgia Lee Thompson, James E. (“Jim”) Doyle, Michelle Jacobs, Karl C. Rove, Peg Lautenschlager, Mark Andrew Green

Timeline Tags: Civil Liberties

An editorial by Adam Cohen in the New York Times concurs that Wisconsin state employee Georgia Thompson was the victim of a politically motivated prosecution. Thompson’s conviction on corruption charges was recently overturned (see April 5, 2007), and critics are now alleging that state Republicans used the Thompson case to help defeat incumbent Governor Jim Doyle (D-WI), who defeated a Republican challenger in November 2006 (see April 7-10, 2007). “The entire affair is raising serious questions about why a United States Attorney put an innocent woman in jail,” Cohen writes. Cohen implies that US Attorney Steven Biskupic of Wisconsin may have pursued the Thompson allegations in order to avoid being fired in the 2006 US Attorney purge (see December 7, 2006 and December 20, 2006). “Members of Congress should ask whether it was by coincidence or design that [Biskupic] turned a flimsy case into a campaign issue that nearly helped Republicans win a pivotal governor’s race,” he writes. The appeals court that overturned Thompson’s conviction was “shocked,” Cohen writes, at the lack of evidence against Thompson. Moreover, Biskupic, the US Attorney for Eastern Wisconsin, took over the case even though it originated in Madison, in the Western District. And he spoke to reporters about the investigation, in apparent defiance of Justice Department guidelines saying federal prosecutors can publicly discuss investigations before an indictment only under extraordinary circumstances. Cohen says the scheduling of the prosecution “worked out perfectly for the Republican candidate for governor. Mr. Biskupic announced Ms. Thompson’s indictment in January 2006. She went to trial that summer, and was sentenced in late September, weeks before the election.” While Biskupic has denied that the timing of the prosecution was “tied to the political calendar,” it was, says Wisconsin Democratic Party chair Joe Wineke, “the No. 1 issue” in the governor’s race. Cohen then writes: “Most of the eight dismissed prosecutors came from swing states, and Democrats suspect they may have been purged to make room for prosecutors who would help Republicans win close elections. If so, it might also mean that United States Attorneys in all swing states were under unusual pressure. Wisconsin may be the closest swing state of all.” President Bush lost Wisconsin by a vanishingly small margin of 12,000 votes in 2004, and by an even narrower margin in 2000. Wisconsin politicians say that Karl Rove, the White House’s political chief, told them Wisconsin was his highest priority, because he believed that having a Republican win the 2006 gubernatorial race would help Republicans win in the 2008 presidential election. Cohen concludes by pointing out the irony of one element of the prosecution: Biskupic charged that Thompson committed the alleged crime to obtain “political advantage for her superiors” and to improve her own “job security.” Cohen writes, “Those motivations, of course, may well describe why Mr. Biskupic prosecuted Ms. Thompson. [New York Times, 4/16/2007]
Biskupic Considered for Firing - Biskupic was considered for firing in 2005 (see March 2, 2005), but was later removed from the list of attorneys under consideration for removal.

Entity Tags: James E. (“Jim”) Doyle, Adam Cohen, Georgia Lee Thompson, Karl C. Rove, Steven M. Biskupic, Joe Wineke, George W. Bush

Timeline Tags: Civil Liberties

In a 5-4 decision splitting the court between conservatives and moderate/liberal justices, the Supreme Court upholds the 2003 ban on so-called “partial-birth abortions.” The Court rules that the Partial Birth Abortion Ban Act does not violate a woman’s constitutional right to an abortion. [CBS News, 4/19/2007]

Entity Tags: US Supreme Court

Timeline Tags: US Health Care

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Entity Tags: Fahad al-Quso

Timeline Tags: Complete 911 Timeline

At the end of April 2007, a trial against a group of men accused of planning a fertilizer bomb plot in Britain concluded (see Early 2003-April 6, 2004), and a press ban on the trial was lifted. A number of stories come out revealing details on how two of the 7/7 London bombers, Mohammad Sidique Khan and Shehzad Tanweer, were monitored by British intelligence as they interacted with some of the fertilizer bomb plotters (see February 2-March 23, 2004). This leads to new calls for an independent inquiry into the 7/7 bombings, since many of these details were left out of the two official government reports on the 7/7 bombings released in May 2006 (see May 11, 2006). But on May 2, 2007, British Prime Minister Tony Blair rejects demands for an independent inquiry. He says that the May 2006 Intelligence and Security Committee report examined the bombings in “immense detail.” He claims any further inquiry would “undermine support” for the intelligence agencies. “For us then to have a full, independent, further inquiry… would simply have the security service and the police and others diverted from the task of fighting terrorism.” He adds that many claims made in the media about what was known about the 7/7 bombers were “misleading and wrong.” But David Cameron, the leader of the opposition Conservative Party, says that only a fully independent inquiry would “get to the truth” as to why Khan and Tanweer were not stopped despite being monitored. Fifty survivors and relatives of the 7/7 victims sign a letter renewing their calls for a public inquiry. [Guardian, 5/2/2007]

Entity Tags: David Cameron, Intelligence and Security Committee, Mohammad Sidique Khan, Shehzad Tanweer, Tony Blair

Timeline Tags: Complete 911 Timeline

US Justice Department official Craig Donsanto, the director of the election crimes branch, sends an email to a colleague expressing his incredulity that the US Attorney for Eastern Wisconsin, Steven Biskupic, brought a case against Wisconsin procurement official Georgia Thompson. Thompson was released in April by an appeals court which overturned her conviction and found that Biskupic’s prosecution was based on extraordinarily sketchy evidence (see April 5, 2007). Many critics now believe that the case was politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007). “Bad facts make bad law. How in heck did this case get brought?” Donsanto writes in an email to Justice Department official Raymond Hulser. The press will not report on Donsanto’s consternation until September 2007, when it will be turned over to the House Judiciary Committee, involved in an investigation of the 2006 US Attorney purge (see March 10, 2006, December 7, 2006, and December 20, 2006). Committee chairman John Conyers (D-MI) will say in a statement: “This email demonstrates that even Justice Department insiders thought the Thompson case was seriously flawed. This only underscores the need for further investigation into the administration’s alleged role in politicizing prosecutions.” Biskupic was once named on a list of US Attorneys to be fired (see March 2, 2005), but was later removed from the list. Attorney General Alberto Gonzales will later testify that he does not know why Biskupic was considered for removal or why he was taken off the list. [Associated Press, 9/6/2007]

Entity Tags: John Conyers, Alberto R. Gonzales, Craig Donsanto, House Judiciary Committee, Raymond Hulser, US Department of Justice, Georgia Lee Thompson, Steven M. Biskupic

Timeline Tags: Civil Liberties

Haris SilajdzicHaris Silajdzic [Source: Public domain]Press reports indicate that the Muslim leader of Bosnia’s tripartite presidency, Haris Silajdzic, is under investigation for international arms smuggling. Police are also said to be investigating former Bosnian Deputy Defense Minister Hasan Cengic, Elfatih Hassanein, and Turkish businessman Nedim Suljak. Hassanein was the head of the Third World Relief Agency (TWRA) and Cengic was closely tied to TWRA. During the Bosnian war in the early 1990s, TWRA was a radical militant charity front providing cover for a massive illegal arms pipeline into Bosnia (see Mid-1991-1996). Silajdzic was Bosnian foreign minister during the war. Bosnian state prosecutors confirm that a weapons smuggling investigation into international illegal weapons smuggling had opened but refuse to say who is being targeted. [Agence France-Presse, 5/5/2007] TWRA has remained active and there are reports that it is still connected to radical militants (see January 25, 2002). In late 2006, it was announced that Hassanein was opening a new charity in Bosnia. [BBC, 12/29/2006]

Entity Tags: Nedim Suljak, Elfatih Hassanein, Hasan Cengic, Third World Relief Agency, Haris Silajdzic

Timeline Tags: Complete 911 Timeline

May 14, 2007: Padilla Trial Begins

The trial of suspected al-Qaeda operative Jose Padilla begins in a Miami criminal court. Padilla is charged with conspiring to “murder, kidnap, and maim” people overseas. The charges include no allegations of a “dirty bomb” plot or other plans for US attacks, as have been alleged by Bush administration officials (see June 10, 2002). Two co-defendants, Adham Amin Hassoun (see 1993) and Kifah Wael Jayyousi (see (October 1993-November 2001)), also face charges of supporting terrorist organizations. “The defendants were members of a secret organization, a terrorism support cell, based right here in South Florida,” says prosecutor Brian Frazier in his opening statement. “The defendants took concrete steps to support and promote this violence.” Defense attorneys argue that Padilla, Hassoun, and Jayyousi are peaceful Muslims interested in studying their religion and helping their fellow Muslims in war-ravaged areas of the world. Padilla’s attorney, Anthony Natale, calls the case against his client the product of “the politics of fear” in the aftermath of the 9/11 attacks. “Political crises can cause parts of our government to overreach. This is one of those times,” he says. “He’s a young man who has been wrongly accused.” Hassoun’s attorney, Jeanne Baker, says: “The government really is trying to put al-Qaeda on trial in this case, and it doesn’t belong in this courtroom. There’s a lot of rhetoric, but there’s no evidence.” Much of the evidence against the three consists of FBI wiretaps, documents, and witness statements. One of the strongest pieces of evidence against Padilla is his application to attend an al-Qaeda training camp in Afghanistan in July 2000 (see September-October 2000). Prosecutors say Hassoun recruited Padilla when they met in a Florida mosque. “Jose Padilla was an al-Qaeda terrorist trainee providing the ultimate form of material support—himself,” says Frazier. “Padilla was serious, he was focused, he was secretive. Padilla had cut himself off from most things in his life that did not concern his radical view of the Islamic religion.” [Associated Press, 5/14/2007]

Entity Tags: Kifah Wael Jayyousi, Adham Amin Hassoun, Al-Qaeda, Anthony Natale, Brian Frazier, Bush administration (43), Jose Padilla, Jeanne Baker, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Former Wisconsin procurement officer Georgia Thompson, wrongly convicted of corruption in 2006 (see 2001 and June 13, 2006) and freed by an appeals court in 2007 (see April 5, 2007) amid speculation that her prosecution was politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007), was pressured by federal prosecutors to turn on high-ranking Democrats in Wisconsin state government, according to officials involved in the case. In return, prosecutors promised leniency or dropping the charges in their entirety. Her lawyer, Stephen Hurley, says prosecutors wanted her to testify against Governor Jim Doyle (D-WI), the then-Department of Administration Secretary Marc Marotta, and other elected officials. The pressure came from US Attorney Steven Biskupic and others in his office, according to Hurley and co-counsel Marcus Berghahn. “I began to get the impression that the indictment was being used to squeeze her,” says Hurley, saying that these attempts continued even after Thompson’s sentencing (see September 22, 2006), with offers to seek a reduced sentence if Thompson produced evidence that Doyle or others in his administration had broken the law. Hurley, who has been a criminal defense attorney for over 30 years, says: “It was the only time in my career that, after the person was sentenced, the prosecutor has called to renew the discussion. I’ve never had that happen before.” Reporter Bill Lueders writes, “These offers, though not necessarily indicative of improper conduct, suggest that Biskupic and his staff prosecuted Thompson as part of a larger agenda, with potential political overtones.” Biskupic has denied any political motivations behind the prosecution (see April 14, 2007) and refuses to discuss any plea offers with Lueders. Former Dane County assistant district attorney John Burr, a past president of the Association of State Prosecutors, says of Biskupic’s plea offers: “You can’t tell me it was not politically motivated. The powers that be over there thought they were going to go all the way to the governor.” Biskupic’s office, says Burr, prosecuted Thompson to get to Doyle and others. And, “[w]hen they didn’t find anything, they were stuck with it. It blew up in their faces.” Republican gubernatorial candidate Mark Green (R-WI) used the Thompson prosecution as the centerpiece of his campaign against Doyle in the 2006 elections, accusing Doyle of running a corrupt administration. Doyle defeated Green in the election. Many have speculated that the case can be tied to the 2006 US Attorney purge (see March 10, 2006, December 7, 2006, and December 20, 2006), with Biskupic pursuing the Thompson case to curry favor with the Bush administration and keep himself from being fired. Biskupic was considered for firing in 2005 (see March 2, 2005), but was later removed from the list of those being considered for firing. Biskupic insisted throughout the prosecution that the case was entirely about Thompson, and not about Doyle or other elected officials, but in his closing arguments, he cited Doyle, Marotta, and others as “players” in the affair, saying: “She’s the link. She’s the one who made this happen. What a terrible coincidence for her that she is in the middle of all this.” One juror later said that “nobody in the jury room had any doubt whatsoever” that Doyle and others were involved, though there is no evidence to support such a conclusion. Former US Attorney Frank Tuerkheimer says there is nothing untoward or unusual about Biskupic trying to “flip” Thompson to get information about higher-ups. “In principle, there is nothing wrong with it,” he says. “There’s no question in my mind that Biskupic was after Thompson to get higher-ups.” The problem was, Tuerkheimer adds, that “Biskupic had a theory of criminality that was ridiculous”—that Thompson was acting at others’ behest. “It just bothers you ‘cause the woman got screwed.” Tuerkheimer notes that Biskupic had Thompson jailed pending her appeal, which was unusual for such a case. She had no criminal history, was not a flight risk, and had a legitimate case for appeal. Most people in her position would have been allowed to stay out of jail pending the appeal. Why did Biskupic insist on having her jailed? Tuerkheimer replies, “It appeared to me that they were trying to pressure her to talk.” [Madison Isthmus, 5/18/2007] Doyle says he is alarmed by the reports that Biskupic and others tried to pressure Thompson into testifying against members of his administration. “The story is pretty alarming, particularly given that she had testified under oath that nobody had ever asked her to do anything inappropriately,” Doyle says. “Even after… testifying under oath they were still trying to get her to give information that just wasn’t true.” Doyle refuses to say directly that the prosecution was politically motivated, but asks rhetorically, “Does anybody really think that Georgia Thompson, if it hadn’t been an election year, that this would have ever happened to her?” Biskupic’s chief assistant Michelle Jacobs denies that the prosecution had any political components to it, saying: “We would never, and have never, encouraged a defendant to lie to us. To suggest that it is somehow untoward or unusual to approach a post-trial defendant, even a defendant who has testified, about cooperating with us, it’s just not unusual.” [Associated Press, 5/18/2007]

Entity Tags: James E. (“Jim”) Doyle, Bush administration (43), Bill Lueders, Georgia Lee Thompson, Steven M. Biskupic, Mark Andrew Green, Michelle Jacobs, Marc Marotta, John Burr, Frank Tuerkheimer, Stephen Hurley, Marcus Berghahn

Timeline Tags: Civil Liberties

Conservative radio host Rush Limbaugh, in another of his now-famous broadsides against feminists (whom he routinely calls “femi-Nazis” and characterizes as “anti-male”), says: “I blast feminists because they’re liberal. Feminism is liberal. It screwed women up as I was coming of age in my early twenties.… It changed naturally designed roles and behaviors and basically, they’re trying to change human nature, which they can’t do.” Limbaugh’s “Life Truth No. 24” states that “feminism was established so as to allow unattractive women easier access to society.” Authors Kathleen Hall Jamieson and Joseph N. Cappella, in their book Echo Chamber, will note, “There is apparently no comparable movement to facilitate the social integration of unattractive men.” [Jamieson and Cappella, 2008, pp. 103]

Entity Tags: Rush Limbaugh, Joseph N. Cappella, Kathleen Hall Jamieson

Timeline Tags: Domestic Propaganda

Insurance companies reach a $2 billion settlement with real estate development and investment firm Silverstein Properties for the destruction of the World Trade Center on 9/11. The agreement, which involves seven of the two-dozen insurers for the WTC, ends more than five years of legal wrangling. The other insurance companies involved have already paid out about $2.55 billion, meaning the total payout will be $4.55 billion. In September 2006, Silverstein Properties and the New York Port Authority had agreed to split the reconstruction of the WTC site between them, and to divide up the remaining insurance proceeds accordingly. Consequently, the Port Authority is to receive about $870 million from the latest settlement, while the remaining $1.13 billion will go to Silverstein Properties. [New York State, 5/23/2007; New York Times, 5/23/2007; Newsday, 5/23/2007; Reuters, 5/23/2007] Silverstein Properties acquired the lease on several of the World Trade Center buildings, including the Twin Towers, in July 2001 (see July 24, 2001). [Port Authority of New York and New Jersey, 7/24/2001] As the New York Times summarizes, “At that time, two dozen insurers had signed binders pledging to provide $3.5 billion in insurance coverage, but had not finished the documentation.” Therefore, after 9/11, an “ugly dispute developed over which insurance policy was in effect at the time of the attack. Mr. [Larry] Silverstein [the president of Silverstein Properties] argued that since two jetliners slammed into the two towers, he was entitled to a double payment on the $3.5 billion policy. But many of the insurers countered that they had agreed to a different policy that did not permit double claims.” [New York Times, 5/23/2007] In 2004, federal juries had decided that Silverstein Properties could collect a maximum of $4.68 billion for the loss of the WTC. The current settlement therefore means the insurers are obliged to pay 97.2 percent of that maximum. [Bloomberg, 5/23/2007; New York State, 5/23/2007; Newsday, 5/23/2007; Reuters, 5/23/2007] Silverstein Properties had separately been awarded $861 million of insurance money in 2002 for the loss of World Trade Center Building 7, which also collapsed on 9/11 (see May 2002).

Entity Tags: Larry Silverstein, Silverstein Properties, Port Authority of New York and New Jersey, World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Senator Christopher “Kit” Bond.Senator Christopher “Kit” Bond. [Source: Wall Street Journal]Senator Christopher “Kit” Bond (R-MO), the ranking member of the Senate Intelligence Committee, demands that former CIA official Valerie Plame Wilson explain what he calls “differences” in her various accounts of how her husband, Joseph Wilson, was sent to Niger in 2002 to investigate claims that Iraq was attempting to secretly buy uranium from that nation (see February 21, 2002-March 4, 2002 and July 6, 2003). Plame’s differing versions have furthered “misinformation” about the origins of the case that roiled official Washington beginning in July 2003, Bond says. A recently released CIA memo from February 2002 said Plame Wilson “suggested” her husband for the trip. Bond says this is at odds with Plame Wilson’s March 2007 testimony before Congress, where she said a CIA colleague first suggested her husband for the trip (see March 16, 2007). In Bond’s version of events, Plame Wilson has told three different versions of events: in 2003 or 2004, she told the CIA’s Inspector General that she suggested Wilson; in 2004, she told committee staffers that she wasn’t sure if she had suggested Wilson (see July 9, 2004); in her March testimony before the House Oversight and Government Reform Committee, she said that a colleague had first suggested Wilson for the trip. A spokeswoman for Senator John D. Rockefeller (D-WV), the committee chairman, says she is not sure whether Rockefeller is interested in having committee investigators interview Plame Wilson, but Bond says he has asked the CIA for permission to re-interview her. Melanie Sloan, the attorney representing Plame Wilson, says her client has “always been very consistent that she is not the person responsible for sending Joe Wilson” to Africa. Instead, Sloan says, trying to impugn Plame Wilson’s truthfulness is an attempt to draw attention from the “real wrong here—a White House that outed a covert operative and undermined national security.” [USA Today, 5/30/2007] The Senate Intelligence Committee did report that Plame Wilson recommended Wilson for the trip, but that report was based on somewhat inaccurate information provided in a State Department memo; both in her March 2007 testimony and her book Fair Game, Plame Wilson recalls that a young records officer first suggested that Wilson be sent (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005).

Entity Tags: Valerie Plame Wilson, Christopher (“Kit”) Bond, John D. Rockefeller, Melanie Sloan, Joseph C. Wilson, Senate Intelligence Committee, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

A federal appeals court rules that “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and February 1, 2007) must be released from military custody. “To sanction such presidential authority to order the military to seize and indefinitely detain civilians,” writes Judge Diana Gribbon Motz, “even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution—and the country.” She adds, “We refuse to recognize a claim to power that would so alter the constitutional foundations of our Republic.” [New York Times, 6/11/2007] Motz continues, “The president cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention.”
Military Commissons Act Does Not Apply - The Military Commissions Act (MCA) (see October 17, 2006) does not apply to al-Marri, the court rules. [Bloomberg, 6/11/2007] Motz writes that the MCA does not apply to al-Marri and the court also rules that the government failed to prove its argument that the Authorization for Use of Military Force, enacted by Congress immediately after the 9/11 attacks (see September 14-18, 2001), gives President Bush the power to detain al-Marri as an enemy combatant. [Associated Press, 6/11/2007] Motz also notes that even though the government says the MCA applies to al-Marri’s case, it did not follow its own guidelines under that law. The MCA requires all such detainees to be granted a Combat Status Review Tribunal (CRST) determination; all Guantanamo-based detainees have been given such a procedure. Al-Marri has not. The government did not suggest the procedure for al-Marri until the day it filed its motion to dismiss al-Marri’s case. [Christian Science Monitor, 6/13/2007] The case, al-Marri v. Wright, was filed against Navy Commander S.L. Wright, who oversees the Charleston military prison that houses al-Marri. [Bloomberg, 6/11/2007]
Government Arguments Repudiated - The 2-1 decision of the US Court of Appeals in Richmond was written for the majority by Motz. Al-Marri is the only person held on the US mainland as an enemy combatant, and has been held in isolation for four years (see August 8, 2005). The government has alleged since 2002 that al-Marri was an al-Qaeda sleeper agent sent to the US to commit mass murder and disrupt the US banking system (see June 23, 2003). Motz writes that while al-Marri may well be guilty of serious crimes, the government cannot sidestep the US criminal justice system through military detention. The al-Marri ruling apparently does not apply to enemy combatants and other detainees held without charges or legal access at the facility in Guantanamo Bay, Cuba. The dissenting judge, Henry Hudson, writes that President Bush “had the authority to detain al-Marri as an enemy combatant or belligerent” because “he is the type of stealth warrior used by al-Qaeda to perpetrate terrorist acts against the United States.” Hudson is a Bush appointee. Motz and Judge Roger Gregory, the concurring judge, were appointed by former president Bill Clinton. Motz orders the Pentagon to issue a writ of habeas corpus for al-Marri “within a reasonable period of time.” The Pentagon may release him, hold him as a material witness, or charge him in the civilian court system. Al-Marri “can be returned to civilian prosecutors, tried on criminal charges, and, if convicted, punished severely,” she writes, “But military detention of al-Marri must cease.” [New York Times, 6/11/2007; Bloomberg, 6/11/2007]
Democracy Vs. 'Police State' - Hafetz says: “We’re pleased the court saw through the government’s stunning position in this case. Had it not, the executive could effectively disappear people by picking up any immigrant in this country, locking them in a military jail, and holding the keys to the courthouse.… This is exactly what separates a country that is democratic and committed to the rule of law from a country that is a police state.” [Christian Science Monitor, 6/13/2007]
Justice Department to Challenge Decision - The Justice Department intends to challenge the decision (see June 11, 2007 and Late October-Early November, 2007). The case is expected to reach the Supreme Court, and may help define what authority the government has to indefinitely detain terror suspects and to strip detainees of their right to challenge the legality and conditions of their detention. [Associated Press, 6/11/2007] For the time being, al-Marri will remain in military custody in the Charleston naval brig. [Cincinnati Post, 6/12/2007]

Entity Tags: Diana Gribbon Motz, Combat Status Review Tribunal, Al-Qaeda, Ali Saleh Kahlah al-Marri, US Department of Justice, Henry Hudson, US Supreme Court, Jonathan Hafetz, US Department of Defense, Military Commissions Act, George W. Bush, S.L. Wright

Timeline Tags: Torture of US Captives, Civil Liberties

Former Reagan Justice Department official and constitutional lawyer Bruce Fein and former civil liberties lawyer Glenn Greenwald applaud the recent ruling requiring the government to overturn alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri’s military detention status (see June 11, 2007). Fein writes that the decision “rebuked President Bush’s frightening claim that the Constitution crowned him with power to pluck every American citizen from his home for indefinite detention without trial on suspicion of preparing for acts of international terrorism.” Other terrorist acts, such as the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the 1993 World Trade Center bombings (see February 26, 1993), “were tried and punished in civilian courts,” Fein notes, adding that Bush bypassed the USA Patriot Act to classify al-Marri as an enemy combatant, although the Patriot Act “provides a specific method for the government to detain aliens affiliated with terrorist organizations who are believed likely to engage in terrorist activity.” Al-Marri was denied that procedure due to his classification as an enemy combatant. [Washington Times, 6/19/2007] Greenwald writes, “How extraordinary it is—how extraordinarily disturbing it is—that we are even debating these issues at all. Although its ultimate resolution is complicated, the question raised by al-Marri is a clear and simple one: Does the president have the power—and/or should he have it—to arrest individuals on US soil and keep them imprisoned for years and years, indefinitely, without charging them with a crime, allowing them access to lawyers or the outside world, and/or providing a meaningful opportunity to contest the validity of the charges? How can that question not answer itself?… Who would possibly believe that an American president has such powers, and more to the point, what kind of a person would want a president to have such powers? That is one of a handful of powers that this country was founded to prevent.” [Chicago Sun-Times, 6/17/2007]

Entity Tags: George W. Bush, Al-Qaeda, Ali Saleh Kahlah al-Marri, Glenn Greenwald, Bruce Fein, USA Patriot Act

Timeline Tags: Torture of US Captives, Civil Liberties

Most of the lawsuits filed against the US government and against a number of private telecommunications firms alleging illegal wiretapping of US citizens and foreign organizations (see January 31, 2006) are hampered by what legal experts call a “Catch 22” process: lawyers for the Justice Department and for the firms that are alleged to have cooperated with the government in wiretapping citizens and organizations argue that the lawsuits have no merits because the plaintiffs cannot prove that they were direct victims of government surveillance. At the same time, the lawyers argue that the government cannot reveal if any individuals were or were not monitored because the “state secrets privilege” (see March 9, 1953) allows it to withhold information if it might damage national security. Lawyer Shayana Kadidal, who is representing the Center for Constitutional Rights in another lawsuit on behalf of Guantanamo Bay detainees, says, “The government’s line is that if you don’t have evidence of actual surveillance, you lose on standing.”
One Lawsuit Has Evidence of Surveillance - But the lawsuit filed by Saudi charitable organization the Al Haramain Islamic Foundation (see February 28, 2006) is different, because the plaintiffs have an actual classified US document that they say proves their allegations. Kadidal says that because of that document, “[T]his is the only one with evidence of actual surveillance” and therefore has a much stronger chance of going forward. The Justice Department will not confirm, or deny, if anyone from Al Haramain was monitored either under the Terrorist Surveillance Program or any other government operation, but plaintiff lawyer Jon Eisenberg tells a judge in July 2007: “We know how many times [my client has] been surveilled. There is nothing left for this court to do except hear oral arguments on the legality of the program.”
Extraordinary Measures to Keep Document 'Secure' - Though the Justice Department has repeatedly argued that the Treasury Department document at the heart of the case is harmless and unrelated to NSA surveillance, it is taking extraordinary measures to keep it secure—it is held under strict government seal and remains classified as top secret. Even the plaintiff’s lawyers are no longer allowed to see the document, and have been forced to file briefs with the court based on their memories of the document. [Wired News, 3/5/2007]
Expert: Government Cannot Stop Case - The government probably does not have enough to derail the Al Haramain case, according to law professor Curtis Bradley. In August 2007, Bradley observes, “The biggest obstacle this litigation has faced is the problem showing someone was actually subjected to surveillance,” but the lawsuit “has a very good chance to proceed farther than the other cases because it’s impossible for the government to erase [the lawyers’] memories of the document.” [Associated Press, 8/5/2007]

Entity Tags: US Department of Justice, Terrorist Surveillance Program, Shayana Kadidal, Jon Eisenberg, Curtis Bradley, Al Haramain Islamic Foundation (Oregon branch), National Security Agency, Center for Constitutional Rights

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

Manfo Kwaku Asiedu (left) and Adel Yahya (right).Manfo Kwaku Asiedu (left) and Adel Yahya (right). [Source: Metropolitan Police]Four men are found guilty of plotting to bomb London’s transport network on 21 July, 2005, two weeks after the 7/7 bombings (see July 21, 2005). After a six-month trial, the jury unanimously convicts Muktar Ibrahim, Yassin Omar, Ramzi Mohammed, and Hussain Osman, of conspiracy to murder. The four are sentenced to life imprisonment, with a minimum sentence of 40 years. Evidence included thousands of hours of CCTV film, as well as a suicide note left by Mohammed for his girlfriend and two children asking them to “rejoice in happiness.” The men had also been monitored attending a militant training camp in the Lake District in 2004 (see May 2-August 2004). No verdict is reached for two other men accused of being members of the conspiracy. The men, Adel Yahya and Manfo Kwaku Asiedu, face a retrial. [BBC, 7/10/2007] Asiedu is said to have been the fifth bomber who abandoned his bomb at the last minute. He says he went along with the plot because he feared being killed by the others. Yahya is not accused of directly taking part in the attempted bombings, but is charged with assisting the others, for example by buying some of the bomb-making materials. [BBC, 7/11/2007] Shortly before the retrial is to begin, Asiedu pleads guilty and is sentenced to 33 years in prison, while Yahya pleads guilty to a lesser charge of possessing terrorist information and is sentenced to seven years in prison. [London Times, 11/5/2007; Daily Telegraph, 11/21/2007] The defendants claim that the bombs were fakes and that the plot was a protest against the war in Iraq. Prosecutor Nigel Sweeney tells the jury that the plot “had been in existence long before the events of July 7” and was not a “hastily-arranged copycat” operation. Responding to the defense, Sweeney says: “The failure of those bombs to explode owed nothing to the intention of these defendants, rather it was simply the good fortune of the traveling public that day that they were spared.” [BBC, 7/10/2007] The judge, Justice Adrian Fulford, also dismisses the suggestion that the men did not intend to cause carnage. He says, “This was a viable and a very nearly successful attempt at mass murder.” [BBC, 7/11/2007]

Entity Tags: Ramzi Mohammed, Nigel Sweeney, Manfo Kwaku Asiedu, Hussain Osman, Muktar Ibrahim, Adel Yahya, Adrian Fulford, Yassin Omar

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

Entity Tags: Peter Ahearn, Juma al-Dosari

Timeline Tags: Complete 911 Timeline

President Bush signs Executive Order 13440, which authorizes the CIA to continue using so-called “harsh” interrogation methods against anyone in US custody suspected of being a terrorist, or having knowledge of terrorist activities. The order relies on, and reaffirms, Bush’s classification of “al-Qaeda, Taliban, and associated forces” as “unlawful enemy combatants” who are not covered under the Geneva Conventions. The order also emphasizes that the Military Commissions Act (MCA) (see October 17, 2006) “reaffirms and reinforces the authority of the president to interpret the meaning and application of the Geneva Conventions.” The order does not include “murder, torture, cruel or inhuman treatment, mutilation or maiming, intentionally causing serious bodily injury, rape, sexual assault or abuse, taking of hostages, or performing of biological experiments… other acts of violence serious enough to be considered comparable to murder, torture, mutilation, and cruel or inhuman treatment… any other acts of cruel, inhuman, or degrading treatment or punishment prohibited” by law. It also precludes acts of extreme humiliation “that any reasonable person, considering the circumstances, would deem the acts to be beyond the bounds of human decency, such as sexual or sexually indecent acts undertaken for the purpose of humiliation, forcing the individual to perform sexual acts or to pose sexually, [or] threatening the individual with sexual mutilation, or using the individual as a human shield.” The order also excludes acts that denigrate a detainee’s religion or religious practices. [White House, 7/20/2007] The order does not apply to the Army, which has numerous interrogators operating at Guantanamo and other US detention facilities. [Social Science Research Network, 3/18/2008] CIA Director Michael Hayden says, “We can now focus on our vital work, confident that our mission and authorities are clearly defined.” Administration officials say that because of the order, suspects now in US custody can be moved immediately into the “enhanced interrogation” program. Civil libertarians and human rights advocates are much less enamored of the new order. Human Rights Watch official Tom Malinowski says, “All the order really does is to have the president say, ‘Everything in that other document that I’m not showing you is legal—trust me.’” [Washington Post, 7/21/2007] In January 2009, President Obama will withdraw the order. [Washington Independent, 4/21/2009]

Entity Tags: US Department of the Army, Tom Malinowski, Taliban, George W. Bush, Geneva Conventions, Al-Qaeda, Barack Obama, Central Intelligence Agency, Military Commissions Act, Michael Hayden

Timeline Tags: Torture of US Captives, Civil Liberties

Representative Ron Paul, profiled in a New York Times article, answers a question about his connections to the John Birch Society (JBS—see March 10, 1961, 1978-1996, August 4, 2008 and December 2011). “Oh, my goodness, the John Birch Society!” Paul replies in what the reporter calls “mock horror.” “Is that bad? I have a lot of friends in the John Birch Society. They’re generally well educated and they understand the Constitution. I don’t know how many positions they would have that I don’t agree with. Because they’re real strict constitutionalists, they don’t like the war, they’re hard-money people.” [New York Times, 7/22/2007] The JBS is, according to the Southern Poverty Law Center, a prominent right-wing extremist group that has accused a number of lawmakers, including former President Dwight D. Eisenhower, of being “closet Communists,” and promotes “wild conspiracy theories” such as the “international Jewish” conspiracy to control the global economy and the idea that the World War II Holocaust never happened. The JBS has been a pioneer in what an analysis by Political Research Associates (PRA) will call “the encoding of implicit cultural forms of ethnocentric white racism and Christian nationalist antisemitism rather than relying on the white supremacist biological determinism and open loathing of Jews that had typified the old right prior to WWII.” PRA will note, “Throughout its existence, however, the Society has promoted open homophobia and sexism.” [Political Research Associates, 2010; Southern Poverty Law Center, 8/17/2010]

Entity Tags: Ron Paul, John Birch Society, Dwight Eisenhower, Political Research Associates, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

Steven Bradbury, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo on what a new interpretation of the Geneva Conventions’ Common Article 3 means for the CIA’s “enhanced interrogation program.” The Bradbury memo, released after months of debate among Bush officials regarding the ramifications of the recent Supreme Court decision extending Geneva protections to enemy combatants in US custody (see June 30, 2006), new legislation following the Court’s decision (see October 17, 2006), and an executive order on interrogations (see July 20, 2007), spells out what interrogation practices the CIA can use. The memo’s existence will not become known until after the 2009 release of four Justice Department torture memos (see April 16, 2009). Michael Ratner of the Center for Constitutional Rights will say upon learning of the memo, “The CIA still seems to want to get authority to interrogate people outside of what would be found to be a violation of the Geneva Conventions and the law.” Ratner will add that the memo raises questions about why the CIA felt it needed expanded authorities for interrogations. “What we don’t know is whether, after Hamdan, that 2007 memo modifies what the CIA is able to do in interrogation techniques,” he will say. “But what’s more interesting is why the CIA thinks it needs to use those interrogation techniques. Who are they interrogating in 2007? Who are they torturing in 2007? Is that they’re nervous about going beyond what OLC has said? These are secret-site people. Who are they? What happened to them?” [Washington Independent, 4/21/2009]

Entity Tags: Geneva Conventions, Bush administration (43), Center for Constitutional Rights, Central Intelligence Agency, US Supreme Court, Michael Ratner, US Department of Justice, Steven Bradbury, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

FBI agents raid the home of former Justice Department prosecutor Thomas Tamm, who is suspected of leaking information to the New York Times regarding the Bush administration’s warrantless wiretapping program (see Spring 2004 and December 15, 2005). Tamm previously worked in the Justice Department’s Office of Intelligence Policy and Review (OIPR), which oversees surveillance of terrorist and espionage suspects. The FBI agents seize Tamm’s computer as well as those of his three children and a store of personal files. They also take some of his books (including one on famed Watergate whistleblower “Deep Throat” (see May 31, 2005), and even the family’s Christmas card list. Tamm is not home when the raid is staged, so the agents sit his wife and children around the kitchen table and grill them about Tamm’s activities. His oldest son, Terry, will later recall: “They asked me questions like ‘Are there any secret rooms or compartments in the house’? Or did we have a safe? They asked us if any New York Times reporters had been to the house. We had no idea why any of this was happening.” The raid is part of a leak probe ordered by President Bush (see December 30, 2005). James X. Dempsey of the Center for Democracy and Technology calls the decision to stage the raid “amazing,” and says it shows the administration’s misplaced priorities: using FBI agents to track down leakers instead of processing intel warrants to close the gaps. [Newsweek, 8/2007; Newsweek, 12/22/2008] In late 2008, Tamm will reveal to Newsweek that he is one source for the Times articles (see December 22, 2008). At the time of the raid, his family has no idea that he knows anything about the wiretapping program, or that he has spoken to reporters. [Newsweek, 12/22/2008]

Entity Tags: Office of Intelligence Policy and Review, Federal Bureau of Investigation, Bush administration (43), ’Stellar Wind’, George W. Bush, James X. Dempsey, New York Times, Thomas Tamm, US Department of Justice, Terry Tamm

Timeline Tags: Civil Liberties

During the Senate debate over the controversial Protect America Act (see August 5, 2007), Minority Leader Trent Lott (R-MS) says that the threat from terrorism is so dire, and so imminent, that lawmakers should pass the law and then get out of Washington as soon as they can to save their own lives. (Congress goes into recess in a few days.) Lott says that Congress needs to pass the PAA, otherwise, “the disaster could be on our doorstep.” He continues, “I think it would be good to leave town in August, and it would probably be good to stay out until September the 12th.” Lott provides no information about any predictions of an imminent terrorist attack on Washington or anywhere else. [Roll Call, 8/2/2007]

Entity Tags: Protect America Act, Trent Lott

Timeline Tags: Civil Liberties

Congressional Democrats attempt to short-circuit the Protect America Act (see August 5, 2007) currently under debate. They introduce their own bill, the Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act, that would address the administration’s concerns that the Foreign Intelligence Surveillance Act imposed unwieldy limitations on the NSA’s ability to electronically monitor foreign communications that were transmitted through communications networks inside the US. The Democrats’ bill redefines “electronic surveillance” to allow the NSA to monitor such communications without a FISA warrant if it “reasonably believes” the targets of those communications to be outside the US. This would give the NSA new surveillance powers, so the Democrats’ bill provides for oversight by the FISA Court, audits by the Justice Department’s Inspector General, and restrictions on domestic surveillance. However, the Bush administration does not want the bill to become law. President Bush announces that he opposes the bill, and threatens to hold Congress in session past its August adjournment date until he can get the Protect America Act passed. The Democrats’ bill dies before ever coming up for a full vote in Congress. [US House of Representatives, 8/3/2007 pdf file; Slate, 8/6/2007]

Entity Tags: Foreign Intelligence Surveillance Court, Bush administration (43), Foreign Intelligence Surveillance Act, US Department of Justice, National Security Agency, Protect America Act, George W. Bush

Timeline Tags: Civil Liberties

Mitch McConnell.Mitch McConnell. [Source: US Senate]President Bush signs the controversial Protect America Act (PAA) into law. The bill, which drastically modifies the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978), was sponsored by two Senate Republicans, Mitch McConnell (R-KY) and Christopher Bond (R-MO), but written by the Bush administration’s intelligence advisers. [US Senate, 8/5/2007; Washington Post, 8/5/2007] It passed both houses of Congress with little debate and no hearings (see August 1-4, 2007). “This more or less legalizes the NSA [domestic surveillance] program,” says Kate Martin, director of the Center for National Security Studies. [New York Times, 8/6/2007] Slate’s Patrick Radden Keefe adds ominously, “The Foreign Intelligence Surveillance Act is now dead, and it’s never coming back.” [Slate, 8/6/2007] The PAA expires in six months, the only real concession Congressional Democrats were able to secure. Though the Bush administration and its allies in Congress insist that the law gives the government “the essential tools it needs” to conduct necessary surveillance of foreign-based terrorists while protecting Americans’ civil liberties, many Democrats and civil liberties organizations say the bill allows the government to wiretap US residents in communication with overseas parties without judiciary or Congressional oversight. Bush calls the bill “a temporary, narrowly focused statute to deal with the most immediate shortcomings in the law” that needs to be expanded and made permanent by subsequent legislation. The administration says that the lack of judiciary oversight in the new law will be adequately covered by “internal bureaucratic controls” at the National Security Agency. [Associated Press, 8/5/2007; Washington Post, 8/5/2007]
Reining in FISA - The PAA allows FISA to return “to its original focus on protecting the rights of Americans, while not acting as an obstacle to conducting foreign intelligence surveillance on foreign targets located overseas.” Before the PAA, the White House says, FISA created unnecessary obstacles in allowing US intelligence to “gain real-time information about the intent of our enemies overseas,” and “diverted scarce resources that would be better spent safeguarding the civil liberties of people in the United States, not foreign terrorists who wish to do us harm.” The PAA no longer requires the government to obtain FISA warrants to monitor “foreign intelligence targets located in foreign countries” who are contacting, or being contacted by, US citizens inside US borders. FISA will continue to review the procedures used by US intelligence officials in monitoring US citizens and foreign contacts by having the attorney general inform the FISA Court of the procedures used by the intelligence community to determine surveillance targets are outside the United States.”
Allows Third Parties to Assist in Surveillance, Grants Immunity - The PAA also allows the director of national intelligence and the attorney general to secure the cooperation of “third parties,” particularly telecommunications firms and phone carriers, to “provide the information, facilities, and assistance necessary to conduct surveillance of foreign intelligence targets located overseas.” It provides these firms with immunity from any civil lawsuits engendered by such cooperation.
Short Term Legislation - The White House says that Congress must pass further legislation to give telecommunications firms permanent and retroactive immunity against civil lawsuits arising from their cooperation with the government’s domestic surveillance program. [White House, 8/6/2006]
Temporary Suspension of the Constitution? - Representative Rush Holt (D-NJ), a member of the House Intelligence Committee, says: “I’m not comfortable suspending the Constitution even temporarily. The countries we detest around the world are the ones that spy on their own people. Usually they say they do it for the sake of public safety and security.” [Washington Post, 8/5/2007]

Entity Tags: Christopher (“Kit”) Bond, National Security Agency, Foreign Intelligence Surveillance Act, George W. Bush, Foreign Intelligence Surveillance Court, Mitch McConnell, Al-Qaeda, Terrorist Surveillance Program, Kate Martin, Patrick Radden Keefe, Rush Holt, Protect America Act

Timeline Tags: Civil Liberties

John Brennan.John Brennan. [Source: PBS]An article in the New Yorker magazine reveals that the CIA interrogations of 9/11 mastermind Khalid Shaikh Mohammed (KSM) were not as reliable as they are typically made out to be. Mohammed was interrogated with methods such as waterboarding that are regarded as torture by many. CIA official John Brennan, former chief of staff for CIA Director George Tenet, acknowledges, “All these methods produced useful information, but there was also a lot that was bogus.” One former top CIA official estimates that “ninety per cent of the information was unreliable.” Cables of Mohammed’s interrogation transcripts sent to higher-ups reportedly were prefaced with the warning that “the detainee has been known to withhold information or deliberately mislead.” [New Yorker, 8/6/2007] For instance, one CIA report of his interrogations was called, “Khalid Shaikh Mohammed’s Threat Reporting—Precious Truths, Surrounded by a Bodyguard of Lies” (see June 16, 2004). [Los Angeles Times, 6/23/2004] Former CIA analyst Bruce Riedel asks, “What are you going to do with KSM in the long run? It’s a very good question. I don’t think anyone has an answer. If you took him to any real American court, I think any judge would say there is no admissible evidence. It would be thrown out.” Senator Carl Levin (D-MI) says, “A guy as dangerous as KSM is, and half the world wonders if they can believe him—is that what we want? Statements that can’t be believed, because people think they rely on torture?” [New Yorker, 8/6/2007] Journalist James Risen wrote in a 2006 book, “According to a well-placed CIA source, [Mohammed] has now recanted some of what he previously told the CIA during his interrogations. That is an enormous setback for the CIA, since [his debriefings] had been considered among the agency’s most important sources of intelligence on al-Qaeda. It is unclear precisely which of his earlier statements [he] has now disavowed, but any recantation by the most important prisoner in the global war on terror must call into question much of what the United States has obtained from other prisoners around the world…” [Risen, 2006, pp. 33] In a 2008 Vanity Fair interview, a former senior CIA official familiar with the interrogation reports on Mohammed will say, “90 percent of it was total f_cking bullsh_t.” A former Pentagon analyst will add: “KSM produced no actionable intelligence. He was trying to tell us how stupid we were.” [Vanity Fair, 12/16/2008]

Entity Tags: Central Intelligence Agency, Carl Levin, John O. Brennan, Bruce Riedel, Khalid Shaikh Mohammed

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

Aziz Huq.Aziz Huq. [Source: American Prospect]Aziz Huq, an author and the director of the Brennan Center for Justice at New York University, writes that the Protect America Act (PAA-see August 5, 2007) came about as a result of what he calls “the most recent example of the national security waltz, a three-step administration maneuver for taking defeat and turning it into victory.” Step one is a court defeat for the administration, for example regarding detainees at Guantanamo (see June 28, 2004), or the overruling of military commissions in 2006 (see June 30, 2006). The second step, which comes weeks or months later, is an announcement that the ruling has created a security crisis and must be “remedied” through immediate legislation. The third and final step is the administration pushing legislation through Congress, such as the Detainee Treatment Act (see December 15, 2005) or the Military Commissions Act, that, Huq writes, “not only undoes the good court decision but also inflicts substantial damage to the infrastructure of accountability.”
Step One: FISC Refuses to Approve NSA's Surveillance Program - In January 2007, the administration announced that it was submitting the NSA’s domestic surveillance program to the Foreign Intelligence Surveillance Court (FISC), the secret court that issues FISA warrants for surveillance (see May 1, 2007). This was due to pending court cases threatening to rule the program in violation of FISA and the Fourth Amendment; the administration wanted to forestall, or at least sidestep, those upcoming rulings. In June, FISC refused to approve parts of the NSA program that involved monitoring overseas communications that passed through US telecom switches. Since a tremendous amount of overseas communications are routed through US networks, this ruling jeopardized the NSA’s previous ability to wiretap such communications virtually at will without a warrant. The administration objected to the NSA having to secure such warrants.
Step Two: The Drumbeat Begins - Months later, the drumbeat for new legislation to give the NSA untrammeled rights to monitor “overseas” communications, which not only traveled through US networks, but often began or ended with US citizens, began with appearances in the right-wing media by administration supporters, where they insisted that the FISC ruling was seriously hampering the NSA’s ability to garner much-needed intelligence on terrorist plots against the US. The White House and Congressional Republicans drafted legislation giving the NSA what it wanted, and presented it during the last week of the Congressional session, minimizing the time needed for scrutiny of the legislation as well as reducing the time available for meaningful debate.
Step Three: Passing a Law With Hidden Teeth - The legislation that would become the Protect America Act was carefully written by Bush officials, and would go much farther than giving the NSA the leeway it needed to wiretap US citizens. Instead, as Huq writes, “the Protect America Act is a dramatic, across-the-board expansion of government authority to collect information without judicial oversight.” Democrats believed they had negotiated a deal with the administration’s Director of National Intelligence, Mike McConnell, to limit the law to addressing foreign surveillance wiretaps, but, Huq writes, “the White House torpedoed that deal and won a far broader law.” The law removes any real accountability over domestic surveillance by either Congress or the judiciary. Former CIA officer Philip Giraldi says that the PAA provides “unlimited access to currently protected personal information that is already accessible through an oversight procedure.” The law is part of the administration’s continual attempts to “eviscerat[e]” the checks and balances that form the foundation of US democracy.
Ramifications - The law includes the provision that warrantless surveillance can be “directed at a person reasonably believed to be located outside of the United States.” Huq writes that this is a tremendously broad and vague standard that allows “freewheeling surveillance of Americans’ international calls and e-mails.” He adds: “The problem lies in the words ‘directed at.’ Under this language, the NSA could decide to ‘direct’ its surveillance at Peshawar, Pakistan—and seize all US calls going to and from there.… Simply put, the law is an open-ended invitation to collect Americans’ international calls and e-mails.” The law does not impose any restrictions on the reason for surveillance. National security concerns are no longer the standard for implementing surveillance of communications. And the phrase “reasonably believe” is uncertain. The provisions for oversight are, Huq writes, “risibly weak.” Surveillance need only be explained by presentations by the Director of National Intelligence and the Attorney General to FISC, which has little room to invalidate any surveillance, and furthermore will not be informed of any specific cases of surveillance. As for Congress, the Attorney General only need inform that body of “incidents of noncompliance” as reported by the administration. Congress must rely on the administration to police itself; it cannot demand particulars or examine documentation for itself. The law expires in six months, but, Huq notes, that deadline comes up in the middle of the 2008 presidential campaign, with all the pressures that entails. And the law allows “the NSA to continue wielding its new surveillance powers for up to a year afterward.” The law, Huq writes, “does not enhance security-related surveillance powers. Rather, it allows the government to spy when there is no security justification. And it abandons all but the pretense of oversight.” [Nation, 8/7/2007]

Entity Tags: Mike McConnell, Detainee Treatment Act, Bush administration (43), Aziz Huq, Foreign Intelligence Surveillance Court, Military Commissions Act, National Security Agency, US Supreme Court, Philip Giraldi, Protect America Act

Timeline Tags: Civil Liberties

Hambali, circa 2008.Hambali, circa 2008. [Source: US Defense Department]Fourteen “high value” detainees held by the US in Guantanamo Bay (see March 9-April 28, 2007) are ruled to be “enemy combatants.” The detainees include 9/11 mastermind Khalid Shaikh Mohammed, 9/11 coordinator Ramzi bin al-Shibh, Jemaah Islamiyah leader Hambali, and al-Qaeda leaders Khallad bin Attash and Abd al-Rahim al-Nashiri. However, a judge had previously ruled that designating a detainee an “enemy combatant” was meaningless and that a person designated an enemy combatant could not be tried under the Military Commissions Act (see June 4, 2007). The Washington Post comments, “It is unclear if these men can be tried at military commissions without a change in the law or a newly designed review.” [Washington Post, 8/10/2007]

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

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

Former Nixon White House counsel John Dean considers the newly passed Protect America Act (PAA—see August 5, 2007) a dire threat to American civil liberties. Dean writes that the ire of rank-and-file Democrats with their Congressional leadership is well earned, that the Democrats meekly lined up and voted it into law after some pro forma protestations. Dean notes that editorialists from around the country, and organizations as politically disparate as the ACLU (see August 6, 2007), the Cato Institute, and the John Birch Society (see March 10, 1961 and December 2011) all agree that the new law is a serious threat to civil liberties. They all agree that the law violates the Fourth Amendment while at the same time hides its operations under the rubric of national security secrecy. Dean notes, “Congress was not even certain about the full extent of what it has authorized because President Bush and Vice President Cheney refused to reveal it.”
Executive Power Grab - Dean writes that as much of a threat as the PAA is to citizens’ privacy, it is more threatening because it is another step in the Bush administration’s push for enhancing the powers of the executive branch at the expense of the legislative and judiciary branches, a move towards a so-called “unitary executive.” Bush and Cheney have worked relentlessly “to weaken or eliminate all checks and balances constraining the executive,” Dean writes, pointing to “countless laws enacted by the Republican-controlled Congresses during the first six years of the administration, and in countless signing statements added by the president interpreting away any constraints on the Executive.” The new law “utterly fails to maintain any real check on the president’s power to undertake electronic surveillance of literally millions of Americans. This is an invitation to abuse, especially for a president like the current incumbent.”
Repairing the Damage - Dean is guardedly optimistic about the Democrats’ stated intentions to craft a new law that will supersede the PAA, which expires in February 2008, and restore some of the protections the PAA voids. Any such legislation may be quickly challenged by the Bush administration, which wants retroactive legislative immunity from prosecution for both US telecommunications firms cooperating with the government in monitoring Americans’ communications, and for government officials who may have violated the law in implementing domestic surveillance. Dean writes: “[B]efore Congress caved and gave Bush power to conduct this surveillance, he and telecommunication companies simply opted to do so illegally. Now, Bush will claim, with some justification, that because Congress has now made legal actions that were previously illegal, it should retroactively clear up this nasty problem facing all those who broke the law at his command.” Dean writes that Democrats need only do one thing to “fix [this] dangerous law: [add] meaningful accountability.” He continues: “They must do so, or face the consequences. No one wants to deny the intelligence community all the tools it needs. But regardless of who sits in the Oval Office, no Congress should trust any president with unbridled powers of surveillance over Americans. It is not the way our system is supposed to work.” [FindLaw, 8/10/2007]

Entity Tags: John Birch Society, Richard (“Dick”) Cheney, Protect America Act, Cato Institute, American Civil Liberties Union, John Dean, George W. Bush

Timeline Tags: Civil Liberties

AT&T attorney Michael Kellogg enters the courtroom.AT&T attorney Michael Kellogg enters the courtroom. [Source: Wired News]The Ninth Circuit Court of Appeals in San Francisco hears two related cases: one a government appeal to dismiss a case brought against AT&T for its involvement in the National Security Agency (NSA)‘s domestic wiretapping program (see July 20, 2006), and the other a challenge to the government’s authority to wiretap overseas phone calls brought on behalf of a now-defunct Islamic charity, Al Haramain (see February 28, 2006). The AT&T lawsuit is brought by the Electronic Frontier Foundation (see January 31, 2006). Among the onlookers is AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009), who has provided key documentation for the EFF lawsuit (see Early January 2006).
Government Lawyer: Court Should Grant 'Utmost Deference' to Bush Administration - Deputy Solicitor General Gregory Garre, arguing on behalf of the US government, tells Judge Harry Pregerson, one of the three judges presiding over the court, that allowing the EFF lawsuit against AT&T to go forward would result in “exceptionally grave harm to national security in the United States,” even though a previous judge has ruled otherwise (see July 20, 2006) and the government itself has admitted that none of the material to be used by EFF is classified as any sort of state secret (see June 23, 2006). Pregerson says that granting such a request would essentially make his court a “rubber stamp” for the government, to which Garre argues that Pregerson should grant the “utmost deference” to the Bush administration. Pregerson retorts: “What does utmost deference mean? Bow to it?” [Wired News, 8/15/2007] Klein will later accuse Garre of using “scare tactics” to attempt to intimidate the judges into finding in favor of AT&T and the government. [Klein, 2009, pp. 79]
Government Refuses to Swear that Domestic Surveillance Program Operates under Warrant - Garre says that the goverment’s domestic surveillance program operates entirely under judicial warrant; he says the government is not willing to sign a sworn affidavit to that effect. Reporter Kevin Poulsen, writing for Wired News, says that Garre’s admission of the government’s reluctance to swear that its domestic surveillance program operates with warrants troubles all three judges. AT&T attorney Michael Kellogg argues that AT&T customers have no proof that their communications are being given over to the government without warrants, and therefore the EFF lawsuit should be dismissed. “The government has said that whatever AT&T is doing with the government is a state secret,” Kellogg says. “As a consequence, no evidence can come in whether the individuals’ communications were ever accepted or whether we played any role in it.” EFF attorney Robert Fram argues that the Foreign Intelligence Surveillance Act (FISA) allows citizens to challenge electronic surveillance by permitting courts to hear government evidence in chambers. He is careful, Poulsen writes, to note that EFF does not want specific information on the NSA’s sources and methods, and says that EFF already has enough evidence to prove its assertion that AT&T compromised its customers’ privacy by colluding with the NSA’s domestic surveillance program.
Government Mocks Whistleblower's AT&T Documentation - Garre mocks Klein’s AT&T documents, saying that all they prove is that the NSA’s secret room in AT&T’s San Francisco facility (see Late 2002-Early 2003, January 2003, and October 2003) “has a leaky air conditioner and some loose cables in the room.” Fram counters that Klein’s documentation is specific and damning. It proves that the NSA housed a splitter cabinet in that secret room that “split” data signals, allowing the NSA to wiretap literally millions of domestic communications without the knowledge of AT&T customers (see February 2003, Fall 2003, Late 2003, and Late 2003). Fram says Klein’s documents, along with other non-classified documentation EFF has presented, proves “the privacy violation on the handover of the Internet traffic at the splitter into the secret room, which room has limited access to NSA-cleared employees. What is not part of our claim is what happens inside that room.” Klein’s documentation proves the collusion between AT&T and the NSA, Fram states, but Judge M. Margaret McKeown questions this conclusion. According to Poulsen, McKeown seems more willing to grant the government the argument that it must protect “state secrets” than Pregerson.
Government Argues for Dismissal of Al Haramain Case - As in the AT&T portion of the appeal hearing, the government, represented by Assistant US Attorney General Thomas Brody, argues for the Al Haramain lawsuit’s dismissal, saying, “The state secrets privilege requires dismissal of this case.” Even the determination as to whether Al Haramain was spied upon, he argues, “is itself a state secret.” The Top Secret government document that Al Haramain is using as the foundation of its case is too secret to be used in court, Brody argues, even though the government itself accidentally provided the charity with the document. Even the plaintiff’s memories of the document constitute “state secrets” and should be disallowed, Brody continues. “This document is totally non-redactable and non-segregable and cannot even be meaningfully described,” he says. A disconcerted Judge McKeown says, “I feel like I’m in Alice and Wonderland.” Brody concludes that it is possible the Al Haramain attorneys “think or believe or claim they were surveilled. It’s entirely possible that everything they think they know is entirely false.” [Wired News, 8/15/2007]
No Rulings Issued - The appeals court declines to rule on either case at this time. Klein will later write, “It was clear to everyone that this panel would, if they ever issued a ruling, deny the ‘state secrets’ claim and give the green light for the EFF lawsuit to go forward.” [Klein, 2009, pp. 79-81] Wired News’s Ryan Singel writes that the panel seems far more sympathetic to the EFF case than the Al Haramain case. The judges seem dismayed that the government fails to prove that no domestic surveillance program actually exists in the EFF matter. However, they seem far more willing to listen to the government’s case in the Al Haramain matter, even though McKeown says that the government’s argument has an “Alice in Wonderland” feel to it. Singel believes the government is likely to throw out the secret document Al Haramain uses as the foundation of its case. However, he writes, “all three judges seemed to believe that the government could confirm or deny a secret intelligence relationship with the nation’s largest telecom, without disclosing secrets to the world.… So seemingly, in the eyes of today’s panel of judges, in the collision between secret documents and the state secrets privilege, ‘totally secret’ documents are not allowed to play, but sort-of-secret documents—the AT&T documents—may be able to trump the power of kings to do as they will.” [Wired News, 8/15/2007] Wired News’s David Kravets notes that whichever way the court eventually rules, the losing side will continue the appeals process, probably all the way to the US Supreme Court. The biggest question, he says, is whether the NSA is still spying on millions of Americans. [Wired News, 8/15/2007]

Entity Tags: Foreign Intelligence Surveillance Act, US Supreme Court, Electronic Frontier Foundation, Bush administration (43), Al Haramain Islamic Foundation, AT&T, David Kravets, Ryan Singel, Thomas Brody, National Security Agency, Mark Klein, Kevin Poulsen, M. Margaret McKeown, Gregory Garre, Harry Pregerson, Robert Fram, Michael Kellogg

Timeline Tags: Civil Liberties

Rock musician Ted Nugent, brandishing an assault rifle on stage in this undated photo. It is not clear whether the rifle is real.Rock musician Ted Nugent, brandishing an assault rifle on stage in this undated photo. It is not clear whether the rifle is real. [Source: NIN (.com)]During a concert, rock musician Ted Nugent brandishes what appears to be an assault rifle on stage and makes crude and profane comments about Senators Barack Obama (D-IL) and Hillary Clinton (D-NY), the two leading contenders for the Democratic presidential nomination.
Invitations to 'Suck on My Machine Gun' - In a video clip of the incident, Nugent waves the rifle around and shouts: “I was in Chicago. I said, ‘Hey, Obama, you might want to suck on one of these, you punk!’ Obama, he’s a piece of sh_t. I told him to suck on my machine gun. Let’s hear it for it. And I was in New York. I said, ‘Hey, Hillary, you might want to ride one of these into the sunset, you worthless b_tch!” He also invites Senator Barbara Boxer (D-CA) to “suck on my machine gun” and calls Senator Dianne Feinstein (D-CA) a “worthless wh_re.” Nugent, an enthusiastic Republican, has been a member of the National Rifle Association’s board of directors since 1995, and has frequently issued crude and profane criticisms of Democratic candidates and policies.
Fox Host Refuses to Criticize Nugent, Instead Attacks Obama - Three days later, Fox News host Sean Hannity airs a clip of the incident on his show, and, calling Nugent a “friend and frequent guest on the program,” refuses to criticize his statements. Hannity shows the clip, then says: “That was friend and frequent guest on the program Ted Nugent expressing his feelings towards Democratic presidential contenders Barack Obama and Hillary Rodham Clinton. Joining us now, Democratic strategist Bob Beckel and Republican strategist Karen Hanretty.” Hannity asks Beckel why liberals might be upset at Nugent’s rhetoric but, he says, “I don’t hear anybody criticizing Barack Obama for accusing our troops of killing civilians, air-raiding villages, et cetera, et cetera. What’s more shocking to you? What’s more offensive to you? Is it Barack Obama’s statement about our troops or Ted Nugent?” (Hannity is referring to a recent allegation he made that Obama was lying about US troops killing Afghan civilians; Hannity’s allegation was itself false—see August 21, 2007). Beckel responds: “You know, only you could figure out a way to ask a question like that. First of all, Nugent, this is a boy who’s missing a couple dogs from under his front porch. This guy has been pimping for Republicans for years now. They want him to run for Senate against Obama. I can’t believe—when the Dixie Chicks said something about George Bush, which was mild compared to this jerk, and the religious right, the Dobsons and the Robertsons, rose up in fury. You rose up in fury.” (Beckel is referring to complaints from Hannity and other conservatives that followed comments by the lead singer of the country group the Dixie Chicks that criticized President Bush—see March 10, 2003 and After.) Hannity says: “You know, typical Bob Beckel. But you can’t answer the question. I didn’t ask you that.” After a brief period of crosstalk, Beckel asks, “Are you prepared now, Sean—are you prepared to disavow this lowlife or not?” Hannity refuses, saying: “No, I like Ted Nugent. He’s a friend of mine.… [H]e’s a rock star. Yes, here’s my point. If you don’t like it, don’t go to the concert, don’t buy his new albums.” Instead, Hannity asks if Beckel’s “liberal brain can absorb” his question about Obama’s supposed lies regarding Afghanistan, and Beckel responds: “The question is not even a close call. I think Nugent was far over the line and Obama was not.… This Nugent is more offensive. This guy ought to be knocked off the air. He ought to never come on your show again, and if you have him on, you ought to be ashamed of yourself. He’s a bum!”
Hannity Has Criticized 'Hate Speech' Directed at Conservatives - Hannity apparently has different standards for different people. He has accused Clinton of indulging in “hate speech” when she talked about the existence of what she called a “vast right-wing conspiracy.” In March, he devoted an entire segment to a “list of the worst examples of liberal hate speech.” [National Ledger, 8/24/2007; Media Matters, 8/27/2007]

Entity Tags: Hillary Clinton, Barack Obama, Barbara Boxer, Dianne Feinstein, National Rifle Association, Karen Hanretty, Bob Beckel, Sean Hannity, Ted Nugent

Timeline Tags: Domestic Propaganda, 2008 Elections

MSNBC runs an inaccurate story about waterboarding and its alleged usefulness. According to an article by Robert Windrem sourced to four senior US officials, only three detainees have been waterboarded: alleged 9/11 mastermind Khalid Shaikh Mohammed, militant training camp facilitator Abu Zubaida, and Jemaah Islamiyah head Hambali. The article contains several claims that will later be proved false:
bullet It says that al-Qaeda leader Abd al-Rahim al-Nashiri was not one of three detainees who was waterboarded. [MSNBC, 9/13/2007] However, it will later be generally reported that he was indeed waterboarded, and Vice President Dick Cheney will admit it in 2008. [Washington Times, 12/18/2008]
bullet The report claims that Hambali was one of the three detainees who was waterboarded. [MSNBC, 9/13/2007] However, this claim will later fade, with al-Nashiri replacing Hambali as the third detainee subjected to waterboarding. [Washington Times, 12/18/2008] The article also falsely claims that Hambali was subjected to waterbaording because he was “resistant to other interrogation methods.” It adds that he “cried like a baby,” a claim repeated in a prominent subheadline, and “quickly told all he knew.” [MSNBC, 9/13/2007]
bullet One former senior intelligence official is quoted as saying that “KSM required, shall we say, re-dipping,” although it will later emerge that KSM was waterboarded 183 times on five separate days (see After March 7, 2003 and April 18, 2009).
In addition, the article says, “a total of 13 high value detainees—all of them ranking al-Qaeda operatives—were subjected to ‘enhanced interrogation techniques’ in 2002 through 2004.” [MSNBC, 9/13/2007] However, according to a 2008 interview with Cheney, the US applied enhanced interrogation techniques to 33 detainees. This number appears to relate to a longer period, from 9/11 until late 2008, although cases where enhanced techniques were used after 2004 are not well known. [Washington Times, 12/18/2008]

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Neoconservative Influence

The Justice Department’s Brian Benczkowski answers Senator Ron Wyden (D-OR)‘s request for clarification of the terms “humane treatment” and “cruel, inhuman, and degrading treatment” as it applies to suspected terrorists in US custody. Benczkowski writes that the government uses the Military Commissions Act (MCA) (see October 17, 2006) and a recent executive order, Order #13440 (authorizing the continued use of harsh interrogation methods—see July 20, 2007) to determine how the US will comply with the Geneva Conventions. Benczkowski writes that Order 13440 and the Army Field Manual, among other guidelines, ensure that any interrogations carried out by US personnel comply with Geneva.
Geneva Does Not Clearly Define 'Humane Treatment' - He goes on to note that the term “humane treatment” is not directly defined by Geneva, but “rather provides content by enumerating the specific prohibitions that would contravene that standard.” Common Article 3, the statute in the Conventions that specifically addresses the treatment of prisoners, expressly prohibits “violence” including “murder of all kinds, mutilation, cruel treatment and torture.” It also prohibits “outrages upon personal dignity,” including “humiliating and degrading treatment.” Benczkowski writes that there is no accepted international standard as to what is defined as “humane treatment” and what is not, outside of the basic provisions of food, water, clothing, shelter, and protection from extremes of temperature. Given this standard, he writes, the Bush administration does ensure that “all detainees within the CIA program shall be treated humanely.”
Defined by Circumstances - He goes on to note that Geneva seems to grant some leeway for interpretation as to what complies with its standards, particularly in the area of “outrages upon personal dignity.” Citing a previous international tribunal, he writes, “To rise to the level of an outrage, the conduct must be ‘animated by contempt for the human dignity of another person’ and it must be so deplorable that the reasonable observer would recognize it as something that must be universally condemned.” None of the methods used by US interrogators contravenes any of these standards as the Justice Department interprets them, Benczkowski concludes. As for the question of “cruel, inhuman and degrading treatment,” or as he abbreviates it, “CIDT,” Benczkowski writes that such treatment is prohibited by the Fifth, Eighth, and Fourteenth Amendments to the US Constitution. However, circumstances determine what is and is not CIDT, he writes; even “in evaluating whether a homicide violates Common Article 3, it would be necessary to consider the circumstances surrounding the act.” The CIA interrogation program fully complies with Common Article 3, various statutes and Supreme Court decisions, and the Bill of Rights, Benczkowski asserts. [US Department of Justice, 9/27/2007 pdf file]

Entity Tags: US Department of Justice, Brian A. Benczkowski, Bush administration (43), Central Intelligence Agency, Geneva Conventions, Ron Wyden, Military Commissions Act

Timeline Tags: Torture of US Captives, Civil Liberties

For about a year until his death in July 2008 (see July 29, 2008), anthrax attacks suspect Bruce Ivins is openly followed by FBI agents in surveillance vehicles. When this begins exactly is not known, but his house is searched by the FBI on November 1, 2007 (see November 1, 2007), so presumably he is followed at least after that date. [New York Times, 8/4/2008] This tactic used on Ivins had already been controversially used on the previous primary anthrax attacks suspect, Steven Hatfill, in 2002 and 2003. One of the heads of the FBI’s anthrax investigation, Robert Roth, later admitted in court that this tactic of openly following Hatfill was against FBI guidelines. “Generally, it’s supposed to be covert,” Roth said. [Associated Press, 8/5/2008]

Entity Tags: Federal Bureau of Investigation, Bruce Ivins, Robert Roth

Timeline Tags: 2001 Anthrax Attacks

An anonymous chain email circulating through the Internet falsely claims that presidential candidate Barack Obama (D-IL) “was enrolled in a Wahabi school in Jakarta. Wahabism is the RADICAL teaching that is followed by the Muslim terrorists who are now waging Jihad against the western world.” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, calls the accusation intended to promote a “Manchurian Candidate-style conspiracy theory” about Obama’s birth, his religion, and his citizenship. The email accurately notes that Obama’s father was African and born a Muslim (see January 11, 2008). Obama’s stepfather was Indonesian and raised as a Muslim. However, PolitiFact notes, both men were not religiously observant (Obama has described his father as a practicing atheist). Obama’s American mother was agnostic at best. Obama has said that he grew up with virtually no religious traditions. He has been a practicing Christian for decades (see January 6-11, 2008). “Madrassa” is an Arabic word for “school,” but Americans generally understand the word to mean a school where anti-Western Islamic ideology is taught. The email falsely claims that Obama attended a “madrassa” that engaged in a “RADICAL teaching that is followed by the Muslim terrorists who are now waging Jihad against the western world.” PolitiFact notes: “Westerners typically understand Wahabism to be an austere form of Islam based on a literal reading of the Koran. So is that the type of school Obama attended?” Obama attended a secular public school in Indonesia; a press investigation found the school to be “so progressive that teachers wore miniskirts and all students were encouraged to celebrate Christmas.” The school has never taught Wahabism or any other form of “fringe” Islam. News reports accurately indicate that Obama’s school registration form lists Obama’s religion as “Muslim,” but the form has several other errors, and, PolitiFact notes, “it seems reasonable to assume that he was registered as Muslim simply because his stepfather was Muslim.” Obama also attended a Catholic school in Indonesia for several years. PolitiFact concludes that the email is “a wholesale invention designed to frighten voters.” [St. Petersburg Times, 10/1/2007]

Entity Tags: Barack Obama, PolitiFact (.org )

Timeline Tags: Domestic Propaganda

Air Force Colonel Morris Davis resigns his position as the lead counsel for the military commissions trials at Guantanamo after complaining that his authority in prosecutions is being usurped for political purposes (see October 19, 2007). In particular, Davis complains about interference by Air Force Brigadier General Thomas Hartmann, a legal adviser at Guantanamo (see July 2007), and Defense Department General Counsel William J. Haynes (see October 4, 2007). [Washington Post, 10/20/2007] Davis planned on prosecuting as many as 80 of the Guantanamo detainees. There have been no trials so far, because the Supreme Court ruled the trials unconstitutional until they were reauthorized by the Military Commissions Act (see October 17, 2006). Davis has made headlines with outspoken support of the trials and his colorful characterizations of Guantanamo detainees. In March 2006, he compared detainees who challenged the trial system to vampires afraid of the harsh sunlight of US justice: “Remember if you dragged Dracula out into the sunlight, he melted? Well, that’s kind of the way it is trying to drag a detainee into the courtroom,” he told reporters. “But their day is coming.” [Miami Herald, 10/6/2007]

Entity Tags: Morris Davis, Military Commissions Act, Thomas Hartmann, US Supreme Court

Timeline Tags: Torture of US Captives, Civil Liberties

The Robert A. Taft Club, a “nativist” organization whose leader has numerous ties to racist groups, hosts Representative Ron Paul (R-TX) as its keynote speaker during an event at an Arlington, Virginia, restaurant, the Boulevard Woodgrill. According to a report by TransWorld News, Paul, a Republican presidential candidate, addresses the US’s “nation building” policies. Paul, TransWorld reports, “has been adamant about the United States dropping its interventionist approach to nation building and returning to an America First policy.” The Taft Club is led by Marcus Epstein, who is also the executive director of The American Cause, a white nationalist group headed by MSNBC commentator Pat Buchanan. He also serves as executive director of Team America PAC, a political action committee run by Buchanan’s sister Bay Buchanan and founded by former Representative Tom Tancredo (R-CO), an outspoken opponent of immigration. Epstein writes for the openly racist, white supremacist Web site VDare.com, and is an outspoken advocate for white supremacist organizations. He is closely connected to the American Renaissance group, which the Southern Poverty Law Center (SPLC) labels an “academic racist” organization and whose journal has claimed that blacks are genetically predisposed to be psychopaths. Epstein has invited racists to speak to his group, including American Renaissance leader Jared Taylor (see January 23, 2005), Taylor’s colleague Paul Gottfried, and Robert Stacy McCain, an opponent of interracial marriage who is an editor for the Washington Times. Epstein has also invited members of a Belgian anti-immigrant group called Vlaams Belang to address the Taft Club. The SPLC writes, “It is unclear if Paul, who will be speaking about American foreign policy, is aware of Epstein’s racist ties.” Paul himself has denied ever espousing racism of any stripe (see 1978-1996). [Southern Poverty Law Center, 10/8/2007; TransWorld News, 10/11/2007; The Daily Paul, 10/13/2007; Southern Poverty Law Center, 6/3/2009] Epstein will later be convicted of assaulting an African-American woman (see May 2009).

Entity Tags: Robert A. Taft Club, Paul Gottfried, Marcus Epstein, Bay Buchanan, American Renaissance, Vlaams Belang, VDare (.com ), The American Cause, Tom Tancredo, Samuel Jared Taylor, Ron Paul, Robert Stacy McCain, Team America PAC, Patrick Buchanan, TransWorld News, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Torture of US Captives

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

Entity Tags: Jamal al-Badawi, Frances Townsend

Timeline Tags: Complete 911 Timeline

Attorney general nominee Michael Mukasey uses an anecdote about a cell phone battery to argue that the current legal system is poorly equipped to fight Islamic terrorism. The anecdote is told during his confirmation hearings, but he previously used it in an op-ed for the Wall Street Journal in August. Mukasey says that during Ramzi Yousef’s trial for the 1993 World Trade Center bombing: “[S]omebody testified to somebody having delivered a cell phone battery to someone else. That piece of testimony disclosed to al-Qaeda that a line of communication of theirs had been compromised and, in fact, was one of communication that our government was monitoring and from which it had gotten enormously valuable intelligence. That line of communication shut down within days of that testimony and I don’t know what we lost. Nobody knows what we lost. But we probably lost something enormously valuable.” Mukasey does not say which of Yousef’s two trials the testimony was at. [Wall Street Journal, 8/22/2007; CQ Transcripts Wire, 10/18/2007] This incident is not known and is not confirmed by other sources. It is unclear who the two militants were, and why the militant who received the cell phone battery would be unable to purchase it himself. Osama bin Laden is said to have received a doctored battery for his satellite (not cell) phone in Afghanistan, and this is said to have helped the US track him (see May 28, 1998). However, this apparently happened after Yousef was sentenced in the last of the two cases to come to trial, so it is unclear how this could have been mentioned at the trial (see January 8, 1998). A rumor later circulated that bin Laden had stopped using the satellite phone with the allegedly doctored battery based on a leak of intelligence to the press, but that appears to be an urban myth (see Late August 1998).

Entity Tags: Michael Mukasey

Timeline Tags: Complete 911 Timeline

In a setback for the Justice Department, a mistrial is declared in the government’s attempted prosecution of the Holy Land Foundation for Relief and Development (see 1989), a now-defunct Muslim charity that the government accused of sponsoring terrorism back in 2001. The mistrial was not the first verdict sent down; the judge originally announced a near-complete acquittal of Holy Land’s top officials on terrorist financing charges. However, three jurors stated in court that the verdict was incorrect, the judge sent the jury back into chambers for further deliberations. A mistrial of four Holy Land officials is declared after the jury declares itself locked, and a fifth official is declared innocent of all but one charge, where the jury again finds itself unable to render a verdict. The mistrials and acquittals are a blow to the Justice Department and the White House, both of which have billed the prosecution of Holy Land as the best efforts in years to secure a clear victory against terrorism. “It’s a major loss for the government,” says law professor Jonathan Turley, who has himself represented alleged terrorist financiers against the Justice Department. The case was never as solid as it was presented by government officials. In 2001, after Holy Land was declared a terrorist sponsor by the Bush administration and its funds were frozen (see February 19, 2000 and December 4, 2001), civil libertarians called the government’s definition of sponsorship of terrorism overly broad, and Holy Land fought back in court. In 2004, the government indicted Holy Land and its top leaders, leveling accusations that the charity and its officials had funnelled $12 million to the terrorist group Hamas through secondary charities (see October 1994-2001, May 12, 2000-December 9, 2004 and December 18, 2002-April 2005). A summary of wiretapped conversations between charity officials contained inflammatory anti-Semitic statements, which bolstered the government’s case in the public eye, but when the actual transcripts were examined, no such anti-Semitic statements could be found. And the government’s strategy of adding a long list of “unindicted co-conspirators” to its allegations against Holy Land, a list which includes many prominent Muslim organizations still legally operating inside the US, has caused many to accuse the government of conducting a smear campaign (see December 3-14, 2001 and August 21, 2004). While the Justice Department may well retry the case, the verdict, which seems to favor the defendants, “doesn’t bode well for the government’s prosecution” of this and other similar cases, says export controls lawyer Judith Lee. [US News and World Report, 10/22/2007]

Entity Tags: US Department of Justice, Jonathan Turley, Hamas, Judith Lee, Holy Land Foundation for Relief and Development, Bush administration (43)

Timeline Tags: Complete 911 Timeline

Neoconservative founder Norman Podhoretz, a senior foreign adviser to Republican presidential frontrunner Rudolph Giuliani, says the US has no other choice than to bomb Iran. Podhoretz says heavy and immediate strikes against Iran are necessary to prevent that country from developing nuclear weapons. “None of the alternatives to military action—negotiations, sanctions, provoking an internal insurrection—can possibly work,” Podhoretz says. “They’re all ways of evading the terrible choice we have to make which is to either let them get the bomb or to bomb them.” Podhoretz says that such strikes would be effective: “People I’ve talked to have no doubt we could set [Iran’s nuclear program] five or 10 years. There are those who believe we can get the underground facilities as well with these highly sophisticated bunker-busting munitions.” (Podhoretz does not identify the people he has “talked to.”) “I would say it would take five minutes. You’d wake up one morning and the strikes would have been ordered and carried out during the night. All the president has to do is say go.” Giuliani has echoed Podhoretz’s belligerence towards Iran; last month, Giuliani told a London audience that Iran should be given “an absolute assurance that, if they get to the point that they are going to become a nuclear power, we will prevent them or we will set them back five or 10 years.” Podhoretz says he was pleasantly surprised to hear Giuliani make such assertions: “I was even surprised he went that far. I’m sure some of his political people were telling him to go slow…. I wouldn’t advise any candidate to come out and say we have to bomb—it’s not a prudent thing to say at this stage of the campaign.” Podhoretz has given President Bush much the same advice (see Spring 2007).
'Irrational' 'Insanity' - Nation editor Katrina vanden Heuvel blasts the “immorality and illegality” of Podhoretz’s “death wish,” and notes that such “military action would be irrational for both sides. The US military is already stretched to the breaking point. We’d witness unprecedented pandemonium in oil markets. Our troops in Iraq would be endangered.” Vanden Heuvel cites the failure to destroy Saddam Hussein’s Scud missiles during six weeks of bombings in 1991 (see January 16, 1991 and After), and the failure of the Israeli bombing of Iraq’s Osirak reactor (see June 7, 1981) to curb “regional [nuclear] proliferation.” She concludes, “Podhoretz and his insanity will embolden Iranian hardliners, plunge the region into even greater and darker instability and undermine our security.” [Nation, 10/28/2007]
Giuliani's Stable of Neocons - Since July 2007, Giuliani has surrounded himself with a group of outspoken hardline and neoconservative foreign policy advisers (see Mid-July 2007).

Entity Tags: Norman Podhoretz, Katrina vanden Heuvel, Saddam Hussein, George W. Bush, Rudolph (“Rudy”) Giuliani

Timeline Tags: US confrontation with Iran, Neoconservative Influence

On the eve of a visit to London, King Abdullah of Saudi Arabia says that his intelligence service warned Britain of an impending plot before the 7/7 London bombings (see July 7, 2005), but that British authorities failed to act on the warning. King Abdullah says, “We sent information to [Britain] before the terrorist attacks in Britain but unfortunately no action was taken. And it may have been able to maybe avert the tragedy.” He also says that Britain did not take terrorism seriously for a while. However, British authorities deny all this. [BBC, 10/29/2007] Details of the warning are not specified. However, this may be a reference to one or two discussions between Saudi Arabia and Britain in early 2005 about information indicating there was to be an attack in London (see December 14, 2004-February 2005 and April 2005 or Shortly Before).

Entity Tags: Abdullah bin Abdulaziz al-Saud

Timeline Tags: Complete 911 Timeline

A federal appeals court hears the case of alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri, who was the victor in a recent court decision that ruled he could no longer be held in military detention with no access to the US court system (see June 11, 2007). Al-Marri’s lawyer, Jonathan Hafetz, asks the Fourth US Court of Appeals to uphold the recent verdict, which was rendered by a three-judge panel from the same court. Now the entire court is reconsidering the case at the government’s request. Hafetz says the court must uphold the decision. “To rule otherwise is to sanction a power the president has never had and was never meant to have.”
Authorization for the Use of Military Force - Judge Paul Neimeyer, a George H. W. Bush appointee, challenges Hafetz’s assertion that al-Marri cannot be held in military custody because he was not captured on a battlefield; to make such a claim would mean “25 or 30 terrorists could sneak into the US” and the military could not stop them. Justice Department lawyer Gregory Garre makes the same argument that the appeals court panel rejected—that Congress gave the president the authority to seize and detain anyone affiliated with al-Qaeda, regardless of where they were captured, when it passed its Authorization for the Use of Military Force (AUMF) after the 9/11 attacks (see September 14-18, 2001). Judge J. Harvie Wilkinson, appointed to the bench by former president Ronald Reagan, says that Congress could appeal or revise the AUMF whenever it likes. [Associated Press, 10/31/2007] Wilkinson acknowledges that many have concerns that the AUMF “may have authorized some sweeping detention problem… [, b]ut people are not being swept off the streets of Omaha.” Judge Diana Gribbon Motz interjects, “No, it was Peoria.”
Question of Constitutionality - Wilkinson wonders why the “carefully targeted response by the government” has created “all this hoopla?” Comparing the detention of al-Marri and another enemy combatants, Jose Padilla, to the round-ups of German-Americans during World War I and of Japanese-Americans during World War II, Wilkinson asks if “we’ve lost our sense of perspective.” Judge Roger Gregory says: “The calculus for determining constitutionality is not whether we have a good king or a bad king. It’s not whether he stays his hand in generosity.” Motz and Gregory were the majority judges in the June decision. When Garre argues that al-Marri had ample opportunity to challenge his detention, and “squandered” those opportunities, Judge William Traxler asks, “How does a person who’s held incommunicado challenge” his detention? [Baltimore Daily Record, 11/1/2007]

Entity Tags: US Department of Justice, Roger Gregory, William Traxler, Ronald Reagan, Paul Neimeyer, Jonathan Hafetz, Ali Saleh Kahlah al-Marri, Al-Qaeda, Jose Padilla, Diana Gribbon Motz, Gregory Garre, J. Harvie Wilkinson, George Herbert Walker Bush

Timeline Tags: Torture of US Captives, Civil Liberties

The house of Bruce Ivins.The house of Bruce Ivins. [Source: Rob Carr / Associated Press]The FBI suspects that Bruce Ivins, a scientist working at USAMRIID, the US Army’s top biological laboratory, was behind the 2001 anthrax attacks (see October 5-November 21, 2001). His home is searched by the FBI, but no report of this makes the newspapers. On the same day, USAMRIID cuts off his access to the laboratories where biological agents and toxins are used and stored. However, he continues to work at USAMRIID without such access until July 2008, when he will be completely banned from the lab (see July 10, 2008). [Herald-Mail, 8/8/2008] According to McClatchy Newspapers, his lab access is apparently reinstated some time after this date. [McClatchy Newspapers, 8/7/2008]

Entity Tags: Federal Bureau of Investigation, Bruce Ivins, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

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

Entity Tags: Bandar bin Sultan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Presidential candidates Barack Obama (left), Tom Harkin, and Hillary Clinton stand for the singing of the National Anthem.Presidential candidates Barack Obama (left), Tom Harkin, and Hillary Clinton stand for the singing of the National Anthem. [Source: Time]A chain email circulating around the Internet falsely claims Senator Barack Obama (D-IL), campaigning for president, “refused” to say the Pledge of Allegiance during an event and failed to put his hand over his heart. A photograph with the email shows Obama standing in front of an American flag with his hands clasped just below his waist. Fellow presidential contenders Hillary Clinton (D-NY) and Bill Richardson (D-NM) stand beside him with their hands over their hearts. The email, noting Obama’s middle name is Hussein, claims Obama “REFUSED TO NOT ONLY PUT HIS HAND ON HIS HEART DURING THE PLEDGE OF ALLEGIANCE, BUT REFUSED TO SAY THE PLEDGE… how in the hell can a man like this expect to be our next Commander-in-Chief????” The photograph was not taken during the saying of the pledge, but during the singing of the “Star-Spangled Banner.” It was taken on September 16, 2007 in Indianola, Iowa, at the Harkin Steak Fry, an annual political event hosted by Senator Tom Harkin (D-IA). The photo was printed in Time magazine; the caption said Obama and the others “stand during the national anthem.” Matt Paul, who helped organize the event, confirms that the photo was taken as someone sang the national anthem. Additionally, an ABC News video of the event confirms the photo was taken during the anthem. The email claims that “the article said” Obama refused to say the pledge and would not put his hand on his heart, but the article said nothing of the sort. PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, attempts to find another article making the same claim, but only finds blog postings repeating the email’s original assertion. Obama has said the email is false, and that he was singing during the anthem, a claim verified by the ABC video. “My grandfather taught me how to say the Pledge of Allegiance when I was two,” Obama recently said on another campaign stop in Iowa. “During the Pledge of Allegiance you put your hand over your heart. During the national anthem you sing.” He called the email “irritating” and likened it to others that have falsely said he is a Muslim (see October 1, 2007, December 19, 2007, and January 11, 2008). The Obama campaign has received strong support from a number of retired military leaders. “Senator Obama’s attackers are peddling lies and smears because they disagree with his strong opposition to the war in Iraq and the rush to war in Iran,” writes former Secretary of the Navy Richard Danzig, in a letter cosigned by retired General Merrill “Tony” McPeak and General J. Scott Gration. “We have served this nation for decades and we know a true patriot when we see one. Barack Obama is a patriot.” Some conservative bloggers have noted their belief that federal law for “patriotic and national observances” says that during the Star-Spangled Banner, “all present except those in uniform should stand at attention facing the flag with the right hand over the heart; men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart.” The citation is not a formal law, and experts say it is somewhat obsolete, though it is still cited in some military manuals. Modern custom does not require a hand over the heart, says Anne Garside, director of communication for the Maryland Historical Society, home of the original manuscript of the Star-Spangled Banner. “I think the bottom line is that you show respect with your demeanor,” she says. “Whether you put your hand over your heart, hold your hat at shoulder level or waist level, is really in this day and age irrelevant.” [Time, 9/16/2007; ABC News, 11/7/2007; St. Petersburg Times, 11/8/2007]

Entity Tags: Tom Harkin, Tony McPeak, Richard Danzig, Matt Paul, ABC News, PolitiFact (.org ), Anne Garside, Bill Richardson, Barack Obama, Hillary Clinton, J. Scott Gration

Timeline Tags: Domestic Propaganda

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