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Context of 'August 11, 2009: Congressman Receives Death Threats, Apparently over Health Care Reform'

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According to a 2009 Senate Armed Services Committee report (see April 21, 2009), the Pentagon begins asking the Joint Personnel Recovery Agency (JPRA) for assistance in developing a set of procedures for “harsh interrogations”—torture—to be used against suspected terrorists captured by US soldiers and intelligence operatives. JPRA has “reverse-engineered” a training program, Survival, Evasion, Resistance, and Escape (SERE), which trains US soldiers to resist torture techniques if captured by an enemy, to produce harsh techniques to be used in interrogating suspected terrorists. (Warrick and Finn 4/22/2009)
Methods Already in Use - Military interrogators have already begun using the methods inflicted on them during SERE training on their prisoners, and SERE instructors—often having no training in interrogation procedures and no experience with other cultures—have been reassigned as interrogators. (Savage 2007, pp. 216) The JPRA program will result in the personal approval of 15 “harsh” techniques by Defense Secretary Donald Rumsfeld. The policies will be adopted by US interrogators in Afghanistan, at Abu Ghraib prison in Baghdad, and at Guantanamo. (Knowlton 4/21/2009) In a June 2004 press conference, General James T. Hill, the commander of the US Southern Command (SOCOM), which oversees the Guantanamo detention facility, will say that US officials tapped the “SERE School and developed a list of techniques.” Hill will say that he was reassured by Pentagon officials that the techniques were “legally consistent with our laws.”
Methods Devised to Produce Propaganda, Not Reliable Information - Trained interrogators are, in the words of reporter Charlie Savage, “aghast at this policy.” Savage will write that unlike many Pentagon officials, Special Forces troops, and even SERE instructors, they know full well where SERE techniques originated: from the techniques used by Chinese and North Korean interrogators to torture and brutalize US soldiers during the Korean War. The Koreans and Chinese were experts at coercing American captives to “confess” to “war crimes” and other offenses; those confessions were used for propaganda purposes. “After the war,” Savage will write, the captured soldiers “all told the same story: Chinese interrogators, working with the North Koreans, had put them through a series of sustained torments” identical to those used in SERE training “until their minds had bent and they had made the false confessions.” The stories led to the concept of Chinese “brainwashing” techniques made famous by such books and films as The Manchurian Candidate. In 1963, the CIA concluded that the techniques were virtually useless at producing reliable intelligence, but worked very well in coercing victims to say whatever interrogators wanted them to say. “[U]nder sufficient pressure subjects usually yield but their ability to recall and communicate information accurately is as impaired as the will to resist.” Savage will write, “Neither SERE trainers, who run scenarios by following the instructions in basic military manuals, nor their Special Forces trainees understood that the coercive techniques used in the program were designed to make prisoners lose touch with reality so that they will falsely confess to what their captors want to hear, not for extracting accurate and reliable information.” Colonel Steve Kleinman, the former head of the Air Force’s strategic interrogation program, will later comment: “People who defend this say ‘we can make them talk.’ Yes, but what are they saying? The key is that most of the training is to try to resist the attempts to make you comply and do things such as create propaganda, to make these statements in either written or videotaped form. But to get people to comply, to do what you want them to do, even though it’s not the truth—that is a whole different dynamic than getting people to produce accurate, useful intelligence.” (Savage 2007, pp. 216-217)

Richard Reid’s shoe bomb.
Richard Reid’s shoe bomb. [Source: NEFA Foundation]British citizen Richard Reid is arrested for trying to blow up a Miami-bound jet using explosives hidden in his shoe. (Kugler 8/19/2002) Reid fails in his attempt to destroy the American Airlines jet because he is unable to detonate the explosives—he cannot get the fuse to light using matches, despite using up six of them before he is overpowered by the stewards and passengers. Authors Sean O’Neill and Daniel McGrory will comment, “Had Reid used a cheap disposable plastic cigarette lighter to ignite the fuse of his bomb, rather than a match that did not burn for long enough, forensic experts are sure there was enough plastic explosive in his boot to puncture the fuselage of Flight 63 and bring down the aircraft.” (O'Neill and McGrory 2006, pp. 215-217, 236) The attack is supposed to be one of two simultaneous attacks, but Reid’s partner, Saajit Badat, backs out shortly before the bombing (see (December 14, 2001)). Reid will later plead guilty to all charges, and declare himself a follower of Osama bin Laden. (CBS News 10/4/2002) He may have ties to Pakistan. (Reid and Richburg 3/31/2002) It is later believed that Reid and others in the shoe bomb plot reported directly to 9/11 mastermind Khalid Shaikh Mohammed (KSM). (Ressa 1/30/2003) It has been suggested that KSM has ties to the ISI, and that Reid is a follower of Ali Gilani, a religious leader believed to be working with the ISI (see January 6, 2002).

A Jordanian suspected of involvement in the 1993 WTC bombing (see February 26, 1993) and 1995 Bojinka plot (see January 6, 1995) is arrested but apparently only charged with minor offenses. Hadi Yousef Alghoul had been arrested in the Philippines in March 1995 and accused of involvement in the Bojinka plot there. (see April 1, 1995-Early 1996). He apparently is the cousin of bomber Ramzi Yousef. (Ressa 2003, pp. 25) On December 26, 2001, he is arrested in the Philippines again. He is found with nearly 300 sticks of dynamite and other bomb making materials. A police colonel says Alghoul had been under surveillance for years. (CNN 12/28/2001; Abuza 12/1/2002) Police say he is one of the United States’ 25 most wanted terrorists with a $25 million reward for his arrest in connection with the 1993 WTC bombing. His “fingerprints perfectly matched those of a terrorist tagged in the World Trade Center bombing.” He is also wanted for plotting the assassination of Americans. (Roxas 1/6/2002) Yet despite all these accusations, he is not extradited to the US as other Bojinka suspects were, and he is merely charged in 2002 with the illegal possession of explosive devices. There have been no further news accounts about him. (Manila Sun-Star 11/16/2002)

The violent anti-abortion group known as the Army of God (AOG—see 1982) praises the Saudi Arabian government for publicly beheading three citizens accused of being gay. The US government has long suspected that the AOG has broadened its focus to oppose homosexuality as well as abortion. (Extremist Groups: Information for Students 1/1/2006) AOG chaplain Michael Bray (see September 1994) posts a message on the AOG Web site proclaiming, “Let us give thanks” for the executions. Surina Khan of the International Gay and Lesbian Human Rights Commission says: “This is really chilling. It really disturbs me, in terms of the rhetoric and what effect it has.” AOG is proclaiming its solidarity with Muslim extremists over their opposition to gay rights in their countries, posted anti-gay stories on its Web site, and publicly praised the fake anthrax attacks against abortion clinics (see 1997-December 2001). Bray writes: “While the Christians among us westerners would decline to emulate our Muslim friends in many ways… we can appreciate the justice they advocate regarding sodomy. Might these fellows also consider an embryonic jihad? Let us welcome these tools of purification. Open the borders! Bring in some agents of cleansing.… In the meantime,” he concludes, “let us pray for justice: viz., that the heads of adulterers, sodomites, murderers, child murderers [abortionists], witches, traitors, and kidnappers roll.” Lorri Jean of the National Gay and Lesbian Task Force tells a reporter: “I think this is a blatant call for people to murder gays and lesbians, among others. It’s the logical extension of radical fundamentalism and religious intolerance.” Khan notes: “I think that any alliance they may be building with fundamentalist Muslims is alarming. And this may be just the beginning.” Chip Berlet of the firm Political Research Associates says: “One has to appreciate the cosmic irony here. They can side with a religion they don’t approve of against a scapegoat they both loathe and demonize.” He adds, “Within the Christian Right, there is a distinction between the reformists and those who want insurgency.” Violent extremist groups such as AOG, he says, see before them a “three-headed monster—of liberalism, feminism [which includes abortion], and the gay and lesbian civil rights movement. And the monster doesn’t die unless you cut off all three.” (Clarkson 2/19/2002)

Michael Edward Smith, a well-dressed young man wearing sunglasses and surgical gloves, sits in a parked car across from the Sherith Israel Congregation synagogue in Nashville, Tennessee. Smith has an AR-15 assault rifle, and plans on shooting someone either entering or exiting the building. A passing motorist sees Smith and his rifle and calls the police. When police confront Smith outside his apartment, he refuses to surrender, and manages to break away to his car, where he proceeds to flee down Interstate 65 while holding a gun to his own head. The chase ends in a parking lot outside a pharmacy, where the police find the AR-15, a handgun, ammunition, and surgical gloves in Smith’s car. After learning of the incident, Deborah Lauter of the Anti-Defamation League tells reporters: “The sight of a man pointing an assault rifle at a synagogue is chilling. We are thankful to the person who reported the incident and to law enforcement for their swift actions in apprehending the suspect.” Smith, a member of the violent, neo-Nazi National Alliance (see 1970-1974), has been influenced by two books, both published by Alliance founder William Pierce: The Turner Diaries, which tells of a genocidal race war in a near-future America (see 1978), and Hunter, a novel depicting a lone assassin gunning down Jews and African-Americans (see 1988). Three days later, he is charged with multiple felonies after divulging his ties to the National Alliance and the existence of a small arsenal in his apartment, in a storage facility, and buried on his parents’ land in the country. Authorities find, among other items: an anti-tank rocket; eight firearms, including a sniper rifle; 13 grenades; 13 pipe bombs; over 2,000 rounds of armor-piercing ammunition; smoke bombs; dynamite fuses; and two duffel bags filled with chemicals. They also find copies of both novels and other materials from the Alliance and the Ku Klux Klan, to which he also admits membership. The FBI classifies Smith as a “domestic terrorist.” James Cavanaugh of the Bureau of Alcohol, Tobacco and Firearms (BATF) says: “Basically, we’ve got hand grenades, we’ve got assault rifles, and we’ve got a mind full of hate and a recipe for disaster.… Anybody who would stockpile that stuff is certainly on the precipice of using them.” Smith readily admits his admiration for the fictional main chacter of Hunter, Oscar Yeager, who in the first scene of the book assassinates an interracial couple from a vantage point inside his car. And, he says, the National Alliance and the KKK gave him training in “how to make and how to use explosives, [and gave him] sniper and combat training.” Smith tells questioners that he “dislike[s] Jews.” Local activists later tell the FBI that Smith took part in a November 2001 National Alliance rally outside the Israeli embassy in Washington, DC. Authorities later find an email from Smith stating Jews “perhaps” should be “stuffed head first into an oven.” (Center for New Community 8/2002 pdf file; Anti-Defamation League 5/27/2003; Blejwas, Griggs, and Potok 6/2005) Smith will later plead guilty to four weapons-related offenses. (Anti-Defamation League 5/27/2003)

Mark Crutcher.Mark Crutcher. [Source: Life Dynamics]Members of the anti-abortion organization Life Dynamics call Planned Parenthood clinics in 49 states, pretending to be teenaged girls pregnant by older men, and use the clinics’ promises of confidentiality to accuse them of covering up sexual abuse. The group secretly records telephone conversations with some 800 receptionists and staff members, and then uses selectively edited snippets of the taped conversations in a national publicity campaign against Planned Parenthood. The intent of the organization is to discredit Planned Parenthood and other abortion providers, and to encourage lawsuits against them, according to information published on the organization’s Web site. Life Dynamics, based in Denton, Texas, claims that the tapes are “evidence” that Planned Parenthood and other women’s clinics are complicit in child sex abuse. The organization’s founder, Mark Crutcher, releases a report called “Child Predators,” which is picked up by, among other news outlets, Newsday and Fox News. The organization’s evidence fails to hold up under scrutiny by law enforcement officials and media outlets, and pro-choice attorneys and advocates raise questions about the legality of Life Dynamics’s tactics. The organization bills itself as a “political marketing agency” whose stated goal is to prevent women from obtaining abortions, even if they are legally entitled to them. Crutcher and the group have previously attempted to claim that abortions cause breast cancer, and that Planned Parenthood trafficked in human body parts; both claims have been solidly debunked. Roger Evans of Planned Parenthood notes: “No one has an obligation to report or to conduct an inquisition based on a phone call, because you have no idea who is on the other end and what the truth is. And in this case, [the] Life Dynamics hoax caller was scrupulously careful not to give a name.” He goes on to say that law enforcement officials who have investigated the Life Dynamics charges “have been satisfied that people are conscientiously complying with the law as it’s written, and that people are reporting when kids are in danger.” Life Dynamics denies that its covert recording of the conversations is a violation of any state or federal laws (though 13 states targeted by the organization have anti-wiretapping laws), and is working diligently to spread its story throughout the press, starting with right-wing advocacy groups. The magazine Citizen, published by James Dobson’s Christian group Focus on the Family, says in a cover story that the tapes will “bring down Planned Parenthood.” And Neal Horsley’s far-right Nuremberg Files Web site features a story by Massachusetts attorney Greg Hession that outlines a strategy for “pro-life attorneys” to pursue in filing criminal and civil charges against Planned Parenthood. (Clarkson 11/10/2002) (Horsley is an acknowledged advocate for the murder of abortion providers—see January 1997.) (Feminist Women's Health Center News 2010) Evans says that if Life Dynamics achieves its stated objective of forcing medical providers to report all instances of teenagers’ sexual activity, “The system would be deluged,” and, in the absence of confidentiality, he predicts “teenagers would stop coming in.” (Clarkson 11/10/2002)

On Fox News’s Hannity and Colmes talk show, conservative pundit and author David Horowitz calls the Huntington Beach, California, public school district “racist.” Horowitz is objecting to Huntington Beach’s enforcement of racial-balancing policies that prevent white children from transferring out of certain schools and black children from transferring in. Horowitz says: “What’s going on here, it’s probably a class issue. But we don’t even know why these parents—first of all, it’s racist. The school district is racist.” When civil rights activist Lawrence Guyot attempts to refute Horowitz’s claims, Horowitz calls him a “racialist,” saying, “How can we settle the racial problem when we have racialists like Lawrence out there agitating to make every problem a racial problem?” (Media Matters 12/1/2004)

Accused abortion clinic and Olympic bomber Eric Rudolph (see January 16, 1997, February 21, 1997, January 16, 1997, and January 29, 1998), a fugitive for four years, is the subject of two letters of support found in Andrews, North Carolina. Rudolph has long been believed to be hiding out in the western mountains of North Carolina, where Andrews is located. One letter is found in the mailbox of the Andrews Journal newspaper offices, and one taped to the door of a boot store where Rudolph once purchased a pair of hiking boots. Both letters claim to be from the Army of God, a violent anti-abortion group to which Rudolph belongs (see 1982). Both letters are headed with the words, “Eric Robert Rudolph” and “May God be with you” in large type. There is no other mention of Rudolph in the letters, which vow a continued effort, “including lethal force,” to stop abortions. (CNN 3/18/2002)

Oklahoma City mayor Kirk Humphreys visits the site of the World Trade Center, destroyed in the 9/11 attacks, and tells reporters that he cannot help but compare the scene to the damage done almost seven years ago in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), which resulted in the destruction of a federal building and cost the lives of 168 people. Humphreys is on a personal visit with his wife and teenaged daughter. They journey down into the bottom of the pit that once housed the World Trade Center. Humphreys gives some advice for New Yorkers coping with the trauma of the attacks, noting that while the two events have profound differences, the suffering and trauma of the survivors, and of the families and friends of those lost in the attacks, are similar. “The area of Ground Zero, 12 blocks or so, is about the size of our entire downtown,” Humphreys tells reporters. “I tell people that what happened on 9/11 would have wiped out something the size of downtown. But the World Trade Center was an attack on America, and so was Oklahoma City.… Ours was tough, but ours was a piece of cake compared to this one.” In many ways, he says, dealing with the emotional trauma suffered by Oklahoma citizens was the most difficult: “The physical is the easiest part, and right when you think it is over, you realize that you need to address those other needs.… On the morning of April 19, 1995, there were some people who woke up with their lives spinning out of control—and then the bomb went off. You are going to have many people struggling for a long time. More substance abuse. More divorce. More emotional burnout. More suicides.” Oklahoma City plans on opening an exhibit, “Shared Experience,” on April 19, the seven-year anniversary of the bombing. The exhibit will include tributes to the seven New York firefighters and two police officers who died on 9/11 and who helped in the 1995 rescue efforts. Deputy Chief Ray Downey, the leader of the special operations command who died while leading a team of firefighters into the South Tower, is credited with saving dozens of lives in the aftermath of the Oklahoma City bombing. When Downey died, he was wearing a Catholic rosary that had been given to him by Governor Frank Keating (R-OK). The others who rendered assistance in the 1995 blast, and who died on 9/11, are: New York Battalion Chief John J. Fanning; Captain Terence S. Hatton; Lieutenants Kevin C. Dowdell, Michael A. Esposito, and Peter C. Martin; Firefighter William D. Lake; Police Sergeant Michael S. Curtin; and Officer Thomas Langone. Humphreys says of the nine: “They were good men. They helped us in our time of need.” Humphreys was not mayor at the time of the bombing, but is credited with leading the rebuilding effort in Oklahoma City as well as reinvigorating the tourist trade. (Blair 3/25/2002)

After years of battling Republican filibuster efforts and other Congressional impediments, the Bipartisan Campaign Reform Act of 2002 is signed into law. Dubbed the “McCain-Feingold Act” after its two Senate sponsors, John McCain (R-AZ) and Russ Feingold (D-WI), when the law takes effect after the 2002 midterm elections, national political parties will no longer be allowed to raise so-called “soft money” (unregulated contributions) from wealthy donors. The legislation also raises “hard money” (federal money) limits, and tries, with limited success, to eliminate so-called “issue advertising,” where organizations not directly affiliated with a candidate run “issues ads” that promote or attack specific candidates. The act defines political advertising as “electioneering communication,” and prohibits advertising paid for by corporations or by an “unincorporated entity” funded by corporations or labor unions (with exceptions—see June 25, 2007). To a lesser extent, the BCRA also applies to state elections. In large part, it supplants the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980). (Federal Election Commission 2002; Center for Responsive Politics 2002 pdf file; Geraci 2006 pdf file)
Bush: Bill 'Far from Perfect' - Calling the bill “far from perfect,” President Bush signs it into law, taking credit for the bill’s restrictions on “soft money,” which the White House and Congressional Republicans had long opposed. Bush says: “This legislation is the culmination of more than six years of debate among a vast array of legislators, citizens, and groups. Accordingly, it does not represent the full ideals of any one point of view. But it does represent progress in this often-contentious area of public policy debate. Taken as a whole, this bill improves the current system of financing for federal campaigns, and therefore I have signed it into law.” (Center for Responsive Politics 2002 pdf file; White House 3/27/2002)
'Soft Money' Ban - The ban on so-called “soft money,” or “nonfederal contributions,” affects contributions given to political parties for purposes other than supporting specific candidates for federal office (“hard money”). In theory, soft money contributions can be used for purposes such as party building, voter outreach, and other activities. Corporations and labor unions are prohibited from giving money directly to candidates for federal office, but they can give soft money to parties. Via legal loopholes and other, sometimes questionable, methodologies, soft money contributions can be used for television ads in support of (or opposition to) a candidate, making the two kinds of monies almost indistinguishable. The BCRA bans soft money contributions to political parties. National parties are prohibited from soliciting, receiving, directing, transferring, and spending soft money. State and local parties can no longer spend soft money for any advertisements or other voter communications that identify a candidate for federal office and either promote or attack that candidate. Federal officeholders and candidates cannot solicit, receive, direct, transfer, or spend soft money in connection with any election. State officeholders and candidates cannot spend soft money on any sort of communication that identifies a candidate for federal office and either promotes or attacks that candidate. (Legal Information Institute 12/2003; ThisNation 2012)
Defining 'Issue Advertisements' or 'Electioneering Communications' - In a subject related to the soft money section, the BCRA addresses so-called “issue advertisements” sponsored by outside, third-party organizations and individuals—in other words, ads by people or organizations who are not candidates or campaign organizations. The BCRA defines an “issue ad,” or as the legislation calls it, “electioneering communication,” as one that is disseminated by cable, broadcast, or satellite; refers to a candidate for federal office; is disseminated in a particular time period before an election; and is targeted towards a relevant electorate with the exception of presidential or vice-presidential ads. The legislation anticipates that this definition might be overturned by a court, and provides the following “backup” definition: any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate).
Corporation and Labor Union Restrictions - The BCRA prohibits corporations and labor unions from using monies from their general treasuries for political communications. If these organizations wish to participate in a political process, they can form a PAC and allocate specific funds to that group. PAC expenditures are not limited.
Nonprofit Corporations - The BCRA provides an exception to the above for “nonprofit corporations,” allowing them to fund electioneering activities and communications from their general treasuries. These nonprofits are subject to disclosure requirements, and may not receive donations from corporations or labor unions.
Disclosure and Coordination Restrictions - This part of the BCRA amends the sections of FECA that addresses disclosure and “coordinated expenditure” issues—the idea that “independent” organizations such as PACs could coordinate their electioneering communications with those of the campaign it supports. It includes the so-called “millionaire provisions” that allow candidates to raise funds through increased contribution limits if their opponent’s self-financed personal campaign contributions exceed a certain amount.
Broadcast Restrictions - The BCRA establishes requirements for television broadcasts. All political advertisements must identify their sponsor. It also modifies an earlier law requiring broadcast stations to sell airtime at its lowest prices. Broadcast licensees must collect and disclose records of purchases made for the purpose of political advertisements.
Increased Contribution Limits - The BCRA increases contribution limits. It also bans contributions from minors, with the idea that parents would use their children as unwitting and unlawful conduits to avoid contribution limits.
Lawsuits Challenge Constitutionality - The same day that Bush signs the law into effect, Senator Mitch McConnell (R-KY) and the National Rifle Association (NRA) file lawsuits challenging the constitutionality of the BCRA (see December 10, 2003). (Legal Information Institute 12/2003)

In the wake of al-Qaeda leader Abu Zubaida’s arrest (see March 28, 2002), the FBI discovers much useful information (see Shortly After March 28, 2002). FBI agent Dan Coleman leads a team to sort through Zubaida’s computer files and documents. However, at the same time, some US officials come to believe that Zubaida’s prominence in al-Qaeda’s hierarchy has been overestimated. Many FBI officials conclude that he was used as little more than a travel agent for training camp attendees because he was mentally ill. (Suskind 2006, pp. 94-96, 100)
FBI Agent Coleman: Zubaida Is Mentally Crippled - FBI counterterrorist operative Dan Coleman will go through Zubaida’s journals and other materials seized from his Faisalabad safe house. Coleman will say: “Abu Zubaydah was like a receptionist, like the guy at the front desk [of a hotel]. He takes their papers, he sends them out. It’s an important position, but he’s not recruiting or planning.” Because Zubaida is not conversant with al-Qaeda security methods, “[t]hat was why his name had been cropping up for years.” Of Zubaida’s diaries, Coleman will say: “There’s nothing in there that refers to anything outside his head, not even when he saw something on the news, not about any al-Qaeda attack, not even 9/11. All it does is reveal someone in torment. [Zubaida is physically and mentally crippled from wounds suffered fighting in Afghanistan in the early 1990s.] Based on what I saw of his personality, he could not be what they say he was.” (Rose 12/16/2008) Coleman will add: “He knew very little about real operations, or strategy. He was expendable.” Zubaida’s diary evidences his apparent schizophrenia; he wrote it in three different personas, or voices, each with a different and distinctive personality. (Suskind 2006, pp. 94-96, 100)
Islamist Al-Deen: Importance Overstated? - Noor al-Deen, a Syrian teenager, was captured along with Zubaida. The terrified al-Deen will readily answer questions from his captors, and will describe Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. Al-Deen will be sent to a detention facility in Morocco and later to Syria; his subsequent whereabouts and status will remain unknown to the public. (Finn and Warrick 3/29/2009)
Informant Says Zubaida Behaved Oddly - Other accounts back up this assessment. For instance, Omar Nasiri, a former informant for European intelligence agencies who met Zubaida in the 1990s, will later describe Zubaida’s odd behavior, saying he “shuffled around his home in near-total darkness, carrying a gas lantern from room to room. He barely spoke and would often communicate by pointing.” (Khatchadourian 1/22/2007)
CIA Officer Scheuer: Zubaida Served as Key Hub - Michael Scheuer, who previously ran the CIA’s bin Laden unit (see February 1996), will later say of Zubaida’s importance: “I’d followed him for a decade. If there was one guy you could call a ‘hub,’ he was it.” Scheuer will describe Zubaida not as an actual al-Qaeda member, but “the main cog in the way they organized,” a point of contact for Islamists from many parts of the globe seeking combat training in the Afghan camps. Scheuer will say that Zubaida, a Palestinian, “never swore bayat [al-Qaeda’s oath of allegiance] to bin Laden,” and he was bent on causing damage to Israel, not the US. (Rose 12/16/2008)
Involvement in Pre-9/11 Plots - However, Zubaida does appear to have been involved in numerous plots before 9/11 (see for instance November 30, 1999 and Early September 2001). Al-Qaeda operative Ahmed Ressam cooperated with US investigators after being arrested. He worked with Zubaida and suggested Zubaida was of some importance, but not one of al-Qaeda’s highest leaders. According to Ressam, Zubaida “is the person in charge of the [training] camps. He receives young men from all countries. He accepts you or rejects you. He takes care of the expenses of the camps. He makes arrangements for you when you travel coming in or leaving.” (Gunaratna 2003, pp. 133) Furthermore, when Zubaida was caught, apparently he and several others staying with him were in the middle of building a bomb. According to one of the CIA officers who helped capture him, the soldering iron used in making the bomb was still hot when he was captured (see Shortly After March 28, 2002). (Senate Intelligence Committee 4/22/2009 pdf file)
CIA Chief Tenet Rejects Diagnosis of Schizophrenia - In a 2007 book, former CIA Director George Tenet will claim that the reports that Zubaida was mentally unstable were “[b]aloney.… Apparently, the source of the rumor that Abu Zubaida was unbalanced was his personal diary, in which he adopted various personas. From that shaky perch, some junior Freudians leapt to the conclusion that Zubaida had multiple personalities. In fact, agency psychiatrists eventually determined that in his diary he was using a sophisticated literary device to express himself.” (Tenet 2007, pp. 243)
Zubaida Touted as High-Level Terror Chief - Regardless, despite being briefed otherwise, President Bush and others in his administration will repeatedly tout the importance of capturing Zubaida and no hint of any doubts about his importance or sanity will be publicly expressed (see April 9, 2002 and After). (Suskind 2006, pp. 94-96, 100)

Captured al-Qaeda operative Abu Zubaida (see March 28, 2002), after recovering somewhat from three gunshot wounds inflicted during his capture, is transferred to a secret CIA prison in Thailand, presumably the revamped Vietnam War-era base in Udorn. (Weiner 2007, pp. 297; Warrick and Finn 4/22/2009) In late 2006, after being transferred to Guantanamo, Zubaida will tell representatives of the International Committee of the Red Cross the story of his interrogation in Thailand (see October 6 - December 14, 2006). Zubaida becomes what CIA interrogator John Kiriakou will later call “a test case for an evolving new role… in which the agency was to act as jailer and interrogator of terrorism suspects” (see September 17, 2001).
New Tactics To Be Used - Officials from the military’s Survival, Evasion, Resistance, and Escape (SERE) program are involved in Zubaida’s interrogations. SERE officials have prepared a program of so-called “harsh interrogation methods,” many of which are classified as torture under the Geneva Conventions and the Convention Against Torture (see December 2001 and July 2002). A 2009 Senate report (see April 21, 2009) will find: “At some point in the first six months of 2002, JPRA [the Joint Personnel Recovery Agency] assisted with the preparation of a [redacted name], sent to interrogate a high-level al-Qaeda operative.” Further investigation will prove that the person whose name will be redacted is, indeed, Zubaida. According to a June 20, 2002 memo, the SERE officials’ participation in the Zubaida interrogation is “training.” JPRA psychologist Bruce Jessen, one of the authors of the JPRA torture methodology (see January 2002 and After), suggests that “exploitation strategies” be used against Zubaida. Jessen’s collaborator on the torture proposal, James Mitchell, is present for Zubaida’s torture; Mitchell plays a central role in the decision to use what the CIA calls an “increased pressure phase” against Zubaida. (Warrick and Finn 4/22/2009)
First Weeks Shackled and Sleep-Deprived - Zubaida will begin his narrative after his initial, and successful, interrogation by FBI agents (see Late March through Early June, 2002). He spends the first weeks of his captivity shackled to a chair, denied solid food, and kept awake. In Zubaida’s words: “I woke up, naked, strapped to a bed, in a very white room. The room measured approximately [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by [the] hands and feet for what I think was the next two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket. Water for cleaning myself was provided in a plastic bottle. I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure [a nutrient supplement] and water to drink. At first the Ensure made me vomit, but this became less with time. The cell and room were air-conditioned and were very cold. Very loud, shouting type music was constantly playing. It kept repeating about every 15 minutes, 24 hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise. The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks. During this first two to three week period I was questioned for about one to two hours each day. American interrogators would come to the room and speak to me through the bars of the cell. During the questioning the music was switched off, but was then put back on again afterwards. I could not sleep at all for the first two to three weeks. If I started to fall asleep one of the guards would come and spray water in my face.” In 2009, author Mark Danner will write: “One can translate these procedures into terms of art: ‘Change of Scenery Down.’ ‘Removal of Clothing.’ ‘Use of Stress Positions.’ ‘Dietary Manipulation.’ ‘Environmental Manipulation.’ ‘Sleep Adjustment.’ ‘Isolation.’ ‘Sleep Deprivation.’ ‘Use of Noise to Induce Stress.’ All these terms and many others can be found, for example, in documents associated with the debate about interrogation and ‘counter-resistance’ carried on by Pentagon and Justice Department officials beginning in 2002. Here, however, we find a different standard: the [proposed regulations say], for example, that ‘Sleep Deprivation’ is ‘not to exceed four days in succession,’ that ‘Dietary Manipulation’ should include ‘no intended deprivation of food or water,’ that ‘removal of clothing,” while ‘creating a feeling of helplessness and dependence,’ must be ‘monitored to ensure the environmental conditions are such that this technique does not injure the detainee.’ Here we are in a different place.”
CIA Team Moves In - The first weeks of Zubaida’s captivity are maintained by a small team of FBI agents and interrogators, but soon a team from the CIA’s Counterterrorism Center takes over. As Kiriakou will later recall: “We had these trained interrogators who were sent to his location to use the enhanced techniques as necessary to get him to open up, and to report some threat information.… These enhanced techniques included everything from what was called an attention shake, where you grab the person by their lapels and shake them, all the way up to the other end, which is waterboarding.” After the initial period of captivity, Zubaida is allowed to sleep with less interruption, stretched out naked and shackled on the bare floor. He is also given solid food for the first time in weeks—rice. A female doctor examines him and asks why he is still naked; he is, he will recall, “provided with orange clothes to wear.” The clothes only last a day, though: “[G]uards came into my cell,” Zubaida will recall. “They told me to stand up and raise my arms above my head. They then cut the clothes off of me so that I was again naked and put me back on the chair for several days. I tried to sleep on the chair, but was again kept awake by the guards spraying water in my face.”
Alternating Harsh and Lenient Treatments - For the next few weeks, Zubaida’s treatment veers from abusive to almost lenient. Mostly he is kept naked and confined to his cell, often suffering from intense cold in the frigid air-conditioned environment. One official later tells the ICRC that often he “seemed to turn blue.” Clothing is provided, then taken away. Zubaida will tell ICRC officials: “When my interrogators had the impression that I was cooperating and providing the information they required, the clothes were given back to me. When they felt I was being less cooperative the clothes were again removed and I was again put back on the chair.” For a time he is given a mattress to sleep on; sometimes he is “allowed some tissue paper to use when going to toilet on the bucket.” A month goes by with no interrogations. He will recall: “My cell was still very cold and the loud music no longer played but there was a constant loud hissing or crackling noise, which played 24 hours a day. I tried to block out the noise by putting tissue in my ears.” Then, “about two and half or three months after I arrived in this place, the interrogation began again, but with more intensity than before.” Danner will write that he isn’t sure if the wild swings in procedures are intentional, meant to keep Zubaida off-guard, or, as he will write, “resulted from disputes about strategy among the interrogators, who were relying on a hastily assembled ‘alternative set of procedures’ that had been improvised from various sources, including scientists and psychiatrists within the intelligence community, experts from other, ‘friendly’ governments, and consultants who had worked with the US military and now ‘reverse-engineered’ the resistance training taught to American elite forces to help them withstand interrogation after capture.” Danner notes that some CIA documents going back to the 1960s advocate subjecting the captive to sensory deprivation and disorientation, and instilling feelings of guilt, shame, and helplessness. The old CIA documents say that captives should be kept in a state of “debility-dependence-dread.” (Danner 3/15/2009)
Justice Department's 'Ticking Bomb' Scenario - The August 2002 “golden shield” memo from the Justice Department (see August 1, 2002) will use what is often called the “ticking bomg scenario”—the supposition that a terror attack is imminent and only torture can extract time-critical information from a terrorist detainee to give US officials a chance to stop the attack—to justify Zubaida’s torture. According to CIA reports, Zubaida has information regarding “terrorist networks in the United States” and “plans to conduct attacks within the United States or against our interests overseas.” But Brent Mickum, who later becomes one of Zubaida’s attorneys, will say that he believes the Justice Department memo retroactively approved coercive tactics that had already been used. “If torture occurred before the memo was written, it’s not worth the paper it’s written on, and the writing of the memo is potentially criminal,” Mickum will note. (Warrick and Finn 4/22/2009)
Interrogations Continue in June - Sometime in June, Zubaida will once again be interrogated (see June 2002).

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

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

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

Sam Francis, a white supremacist and syndicated columnist (see September 1995), accuses Mexico of attempting to “reconquer” portions of the United States by encouraging waves of illegal immigrants to “invade” America, with the support of Mexican police and military troops. He writes that Mexico, which he calls “a dangerous state somewhat closer to home,” is engaged in “what can only be called low-intensity warfare” by sending immigrants to the US. Francis applauds the efforts of Representative Tom Tancredo (R-CO), who has made a national reputation as an anti-immigration lawmaker, to document the stories of “Mexican troops and police crossing the border” and attacking US Border Patrol authorities under the guise of attempting to capture fleeing drug traffickers and illegal aliens. Francis writes: “The reason the Mexicans want their troops and cops to stir up border violence against us is that they think there is no border, that what’s on the other side of it—namely, our country—belongs to them.… The compadres in Mexico City view mass emigration to El Norte as a good way to get rid of people for whom their own economy and society can’t provide as well as the advance team of what can only be called colonization. Put more precisely, the Mexican government isn’t worried about mass emigration because in its eyes, the Mexicans aren’t really leaving Mexico anyway. They’re just establishing new provinces. The Mexican government may not want to announce it publicly, but what it is doing is managing the conquest (they’d say the re-conquest, La Reconquista) of the United States through the displacement of one population by another. The displacement has been going on for decades now and in some parts of the Southwest (excuse me, Mexico) is almost complete. In some areas only Spanish is spoken. In others, federal enforcement of immigration laws is not allowed. In all of them, Mexicans remain Mexicans while Americans are pushed out.” Francis calls on President Bush to “defend his own country against the invasion from Mexico,” but says any such action is unlikely: “Mr. Bush is far too busy waging a useless war in Afghanistan and pandering to Hispanic voters to take much interest in the invasion and conquest of his own country.” Francis’s columns are provided to a national audience by Creators Syndicate. (Francis 6/24/2002)

US military instructor Joseph Witsch, who is helping craft “extreme” methods of interrogation—torture—for use against captured terror suspects, acknowledges that some of the techniques being developed come from torture inflicted on captured US servicemen in previous conflicts, including those used by Chinese interrogators against US soldiers captured during the Korean War (see December 2001). “We can provide the ability to exploit personnel based on how our enemies have done this type of thing over the last five decades,” Witsch writes in a classified memo. (Warrick and Finn 4/22/2009)

Conservative pundit and author David Horowitz labels the NAACP and civil rights leaders Jesse Jackson and Al Sharpton “racists,” in an op-ed defending an author who has called for “racial purity.” Horowitz writes an op-ed for his Web-based magazine Front Page that defends Samuel Jared Taylor, the founder and editor of American Renaissance magazine; Taylor and his magazine have been described by the Anti-Defamation League as promoting “genteel racism,” using “pseudoscientific, questionably researched and argued articles that validate the genetic and moral inferiority of nonwhites and the need for racial ‘purity.’” In defending Taylor and American Renaissance, Horowitz writes: “There are many who would call Jared Taylor and his American Renaissance movement ‘racist.’ If the term is modified to ‘racialist,’ there is truth in the charge. But Taylor and his Renaissance movement are no more racist in this sense than Jesse Jackson and the NAACP. In my experience of Taylor’s views, which is mainly literary (we have had occasion to exchange opinions in person only once), they do not represent a mean-spirited position. They are an attempt to be realistic about a fate that seems to have befallen us (which Taylor would maintain was inevitable given the natural order of things). But Jared Taylor is no more ‘racist’ in this sense than any university Afro-centrist or virtually any black pundit of the left. He is not even racist in the sense that Jesse Jackson and Al Sharpton are racist. He is—as noted—a racialist, which Frontpagemag.com is not.” At some point after publishing the op-ed, Horowitz will delete it, but it is quoted in a December 2004 article by progressive media watchdog organization Media Matters. Horowitz does not clarify the term “racialist,” though he has used it to disparage those who disagree with him (see March 15, 2002). (Media Matters 12/1/2004)

Erich Josef Gliebe.Erich Josef Gliebe. [Source: Cleveland Scene]William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978) dies of cancer. He is replaced by Erich Josef Gliebe, a former boxer who runs Resistance Records, the Alliance-allied white power music label (see Late 1993 and Summer 1999), and publishes the label’s associated magazine, Resistance. Gliebe’s father was a member of the German Army during World War II, and Gliebe says he grew up “racially conscious.”
Plans for Alliance after His Death - Pierce dies unexpectedly, but had long cited his failing health and advancing age as causes for concern, and said the Alliance must not make the mistakes of earlier white supremacist organizations such as the American Nazi Party (which fell apart after its leader and Pierce’s mentor, George Lincoln Rockwell, was assassinated in 1967) and the Christian Nationalist Crusade (which collapsed after the death of its leader Gerald L.K. Smith). He made careful arrangements for the Alliance to continue after his death, and leaves almost all of his personal property to the organization, including 230 acres of property in West Virginia that houses the Alliance’s compound and headquarters (see 1985), along with some 60 acres belonging to Pierce’s “Cosmotheist Community Church,” which he has tried to classify as tax-exempt (see 1978).
Multi-Million Dollar Business - Under Gliebe’s leadership, the Alliance generates over $4 million a year in income, largely from the sale of white power music recordings, books, videos, and related merchandise. It broadcasts a weekly radio program, American Dissident Voices. In August 2002, the Center for New Community writes that the Alliance will likely “continue to play a strong role in the contemporary white nationalist movement, particularly by recruiting young people through its white power music distribution and merchandising.” (The organization has been particularly successful at disseminating its message during concerts by the Texas thrash-metal group Pantera, whose lead singer has worn pro-fascist shirts on stage; Alliance members hand out recruitment flyers at the shows headlined: “Remember when Heavy Metal was for Whites only? We do!”) It sells two video games, one called “Ethnic Cleansing,” where players get to exterminate minority citizens in a graphic, brutal “first-person shooter” style.
Largest Neo-Nazi Group in North America - The Alliance claims over 2,500 members and units or “proto-units” (local groups that have met membership requirements but not yet been sanctioned by national headquarters) in 43 American and five Canadian cities, making it the largest and best-organized neo-Nazi group in North America. It has more than doubled its membership since the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
Moderating Message, Expanding Contact with Similar Groups - Pierce led the organization in “moderating” its message, abandoning the Klan robes, brown Nazi-like uniforms, camouflage attire, and coarse racial slurs that other groups often sport. Leonard Zeskind of the Institute for Research and Education on Human Rights has written: “Their only uniform will be their white skins. They will seek to establish a white nation-state, with definable economic, political, and racial borders, out of the wreckage they hope to create of the United States. And from Pierce they will have learned the arts and sciences of Aryan revolution.” Along with their white power musical concerts and rallies, Alliance members have marched with neo-Confederate groups and worked with younger, more violent “skinhead” groups. Generally, the Alliance shuns many public rallies, preferring instead to “build a revolutionary infrastructure” by training what the Center for New Community will call “dedicated cadres of activists outside the eye of the public.” It has worked closely with the more overtly violent Hammerskin Nation, both in distributing “white power” music (the “Hammerskins” distribute music through Panzerfaust Records) and coordinating public activities.
White Supremacists Praise Pierce after Death - A number of white supremacist leaders will praise Pierce in the days after his death. Former Ku Klux Klan leader David Duke says Pierce “helped people think straight about the Jewish Question and the other vital realities of race.” The overtly racist British National Party (BNP) says in a statement: “The death of Dr. Pierce has opened a huge gap in the nationalist movement in the United States. We hope for the sake of the future generations of white children for whom he felt so strongly that it will not be filled by crude inferior copies of William Pierce—the man was unique!” Dan Gentry of Christian Research praises “Pierce’s love and concern for the racial camaraderie of Celto-Saxons.” Richard Butler, the head of the neo-Nazi Aryan Nations (see Early 1970s), says, “The White Aryan race has lost a great intellectual mind and a Noble Warrior for Gods [sic] eternal truth.” And Matthew Hale, the leader of the violent separatist World Church of the Creator (see May 1996 and After), writes, “We appreciate the comradeship of many National Alliance members over the years and undoubtedly [Pierce’s] presence will be missed.” (Center for New Community 8/2002 pdf file)

The Dartmouth Review, a conservative weekly student newspaper funded by off-campus right-wing sources (see 1980), prints on its online blog an op-ed by the previous year’s editor, Andrew Grossman. The editorial mocks recent efforts to bring hairstylists to Dartmouth who can cut African-Americans’ hair, and observes: “Future programs in a similar vein include bringing to campus a small troupe of number-runners and, in the fall, several New York based crack dealers. The Student Assembly is now in the process of creating a committee of New Black Panthers to replace the ‘Committee on Student Life.’ Expect an authentic ‘Ghetto Party’ no later than by the end of the fall term.” (Waligore 9/20/2006) In 2003, the progressive publication The Nation will say that the Review runs the inflammatory article in an attempt to return to the “shock journalism” of its earlier days, and says the Review is trying to revive interest in, and donations to, the publication. (Ruby-Sachs and Waligore 2/17/2003)

Michael Steele and Robert Ehrlich.Michael Steele and Robert Ehrlich. [Source: Oliver Willis]The candidates for governor of Maryland, Democrat Kathleen Kennedy Townsend and Republican Robert Ehrlich, hold a debate in the Murphy Fine Arts Building on the campus of Morgan State University in Baltimore. After the debate, allegations surface that Democratic supporters of Townsend threw Oreo cookies at Michael Steele, the Republican nominee for lieutenant governor. Steele is African-American; to label an African-American an “Oreo” is to say that he, like an Oreo cookie, is black on the outside and white on the inside. It is considered a significant racial slur. The allegations are published by, among other sources, the conservative Washington Times, largely relying on reporting by S.A. Miller, who writes multiple stories concerning the alleged incident.
First Iteration: Oreos 'Distributed' among Audience Members - The source is Ehrlich’s campaign spokesman Paul Schurick, who tells a Baltimore Sun reporter that he saw Democrats in the audience distributing Oreo cookies. Schurick initially makes no mention of anyone throwing cookies. One day after the event, Steele is quoted by the Sun as talking about the Townsend supporters in the crowd and what he terms “race-baiting” by her campaign, but says nothing about Oreos. On October 14, Weekly Standard columnist Jeffrey Goldberg repeats as fact Schurick’s allegations about Oreos being passed out at the debate. On October 21, syndicated conservative columnist George Will repeats the story, adding that “[s]ome of the audience had distributed Oreo cookies to insult Ehrlich’s running mate.”
Second Iteration: 'Townsend Supporters Threw Oreo Cookies' - The same day as Will’s column appears, the Sun and the Associated Press report that Ehrlich told an audience at a Jewish day school that “Townsend supporters at the debate threw Oreo cookies” at Steele. The next day, the Salisbury, Maryland, Daily Times reports that “the Ehrlich campaign” claimed “protesters at the debate threw Oreo cookies at Steele.” The Washington Times reports Ehrlich’s claims on October 29. The Washington Post reports on October 31 that Townsend supporters “mocked” Steele by bringing Oreo cookies to the gubernatorial debate. On November 2, the London Times reports as fact that Steele “was bombarded with Oreo cookies” at the gubernatorial debate. Miller later tells other reporters that, while in attendance at the debate, he saw Steele get hit with the cookies. On November 22, the Capital News Service will report that Steele later “said an Oreo cookie rolled to his feet during the debate.”
Reporter Retracts Claim - But in November 2005, after Steele announces his candidacy for Maryland’s gubernatorial position (see November 2005), Miller will tell a reporter for WTOP news radio, Mark Segraves, that he could not swear in court that anyone actually threw cookies because he did not, in fact, see it happen, though he had reported several times that he witnessed just such events. Times managing editor Fran Coombs will issue a denial that Miller ever spoke to Segraves or anyone else from WTOP, but will confirm that Miller did not, in fact, attend the debate. Coombs will tell WTOP that the Times stands behind its reporting, regardless of whether Miller’s claims are true or not, and will say that the reported Oreo incident is a diversion from the real story of a double standard on racism in the Democratic Party.
Third Iteration: Steele Just Saw 'One or Two' Oreos at His Feet - Steele will tell Segraves that he was never struck by any thrown cookies. “I’ve never claimed that I was hit, no. The one or two that I saw at my feet were there. I just happened to look down and see them,” he will say. By November 15, the Associated Press will report that Ehrlich says “he did not personally see cookies thrown at Steele because he was on stage,” and “said he doesn’t know who might have thrown them.”
Fourth Iteration: Steele Says Oreos 'Tossed in His General Direction' - Around the same time, the Associated Press will also report that, according to Steele, “Oreo cookies were tossed in his general direction as he left the debate at Morgan State University,” including two that “rolled up” next to his shoe. The stories are dramatically different, and quite contradictory. Steele’s November account differs from Schurick’s account and his own previous statements.
Fifth Iteration: Oreos 'Thick in the Air Like Locusts' - In the Sun’s 2005 report, Schurick is quoted as saying: “It was raining Oreos. They were thick in the air like locusts. I was there. It was very real. It wasn’t subtle.” Sometime in late 2002, Ehrlich will tell a radio audience that his father was struck in the head by a cookie, though, according to the WBAL report at the time, “Schurick would not make Robert L. Ehrlich Sr. available for an interview.”
No Mention in Reporting after Debate, No Video Evidence - In November 2005, the Baltimore Sun will report that no newspaper or television reports mentioned any such incident in their initial reporting of the debate, and although four local television stations recorded the debate, no video of any such incident exists.
Eyewitnesses: Nothing Was Thrown - The Sun will report the operations manager of the Murphy Building at Morgan State, Vander Harris, as saying nothing of the sort occurred: “It didn’t happen here,” he will say. “I was in on the cleanup, and we found no cookies or anything else abnormal. There were no Oreo cookies thrown.” Several attendees at the event will tell the Sun that while some disruptive behavior occurred, no one threw anything at Steele nor anyone else. Morgan State spokesman Clint Coleman will say: “There were a lot of things, disturbances, by this group of outsiders who were bent on disrupting the debate. But I never actually saw Oreo cookies being thrown at him.” As for “raining Oreos,” Coleman will say, “I can tell you that did not happen.” Neil Duke, who moderated the event for the NAACP, will say he never saw any cookies thrown at Steele. “Were there some goofballs sitting in [the] right-hand corner section tossing cookies amongst themselves and acting like sophomores, as the legend has it?” Duke will say. “I have no reason to doubt those sources; I just didn’t see it.” And Wayne Frazier, the president of the Maryland-Washington Minority Contractors Association, will say he saw Steele walk into the auditorium that evening, but saw no Oreos. “I was there the whole time and did not see any of the so-called Oreo cookie incident,” he will say. “It could have happened and I didn’t see it, but I was in the auditorium from start to finish.” (Segraves 11/15/2005; Media Matters 11/21/2005)

George Will.George Will. [Source: Washington Policy Group]Conservative columnist George Will calls two anti-war House Democrats “American collaborators” working with Saddam Hussein, either implicitly or directly. Will singles out Representatives Jim McDermott (D-WA) and David Bonior (D-MI) for criticism because of their opposition to the impending Iraq invasion. Will compares the two to World War II propaganda maven William Joyce, the British citizen who earned the sobriquet “Lord Haw Haw” for his pro-Nazi diatribes on the radio, and goes on to observe that McDermott and Bonior provided a spectacle unseen by Americans “since Jane Fonda posed for photographers at a Hanoi anti-aircraft gun” during the Vietnam War. McDermott and Bonior became a target for Will’s wrath by saying they doubted the Bush administration’s veracity in its assertions that Iraq has large stashes of WMD, but believed Iraqi officials’ promises to allow UN inspectors free rein to look for such weapons caches. “I think you have to take the Iraqis on their value—at face value,” McDermott told reporters in recent days, but went on to say, “I think the president [Bush] would mislead the American people.”
Leninist 'Useful Idiots' - After comparing the two to Joyce and Fonda, Will extends his comparison to Bolshevik Russia, writing: “McDermott and Bonior are two specimens of what Lenin, referring to Westerners who denied the existence of Lenin’s police-state terror, called ‘useful idiots.’” Will also adds UN Secretary-General Kofi Annan in this last category, compares Annan with British “appeaser” Neville Chamberlain for good measure, and labels him “Saddam’s servant.”
Slamming Democrats for Not Supporting War - Will saves the bulk of his ire for the accusations by McDermott and Bonior that Bush officials might be lying or misrepresenting the threat of Iraqi WMD, and adds former Vice President Al Gore to the mix. “McDermott’s accusation that the president—presumably with Cheney, Powell, Rumsfeld, Rice, and others as accomplices—would use deceit to satisfy his craving to send young Americans into an unnecessary war is a slander licensed six days earlier by Al Gore,” Will writes. Extending his comparisons to the Watergate era, Will adds, “With transparent Nixonian trickiness—being transparent, it tricks no one—Gore all but said the president is orchestrating war policy for political gain in November.” Will accuses Gore and other Democrats of what he calls “moral infantilism” because they voted to support the 1998 Iraq Liberation Act (see October 31, 1998). Will returns to his complaints about the Democratic congressmen in his conclusion: “McDermott’s and Bonior’s espousal of Saddam’s line, and of Gore’s subtext (and Barbra Streisand’s libretto), signals the recrudescence of the dogmatic distrust of US power that virtually disqualified the Democratic Party from presidential politics for a generation. It gives the benefits of all doubts to America’s enemies and reduces policy debates to accusations about the motives of Americans who would project US power in the world. Conservative isolationism—America is too good for the world—is long dead. Liberal isolationism—the world is too good for America—is flourishing.” (Will 10/1/2002)

Fox News is the only national television news broadcaster to cover a speech by President Bush on Iraq. Conservative radio host Rush Limbaugh calls the lack of coverage by other broadcasters the “final confirmation” of liberal bias among the news media. “If there was any remaining doubt about the networks’ editorial bias and ideological preferences,” he tells his listeners, “there shouldn’t be any longer.” (Jamieson and Cappella 2008, pp. 149-150)

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

The World Church of the Creator (WCOTC—see May 1996 and After) loses a trademark infringement lawsuit brought against it by the Te-Ta-Ma Truth Foundation, which had successfully trademarked the name “Church of the Creator” years before. Federal District Court Judge Joan Humphrey Lefkow originally rules in WCOTC’s favor, but her verdict is overturned on appeal. She orders the group to stop using the name, to give up its Web addresses, and to turn over all printed material bearing the name. Group leader Matthew Hale refuses to comply, and files a lawsuit against Lefkow, claiming that she has ordered the destruction of the group’s Bibles. “If federal judges are to sit in judgment of the people, the people must be able to sit in judgment of them,” Hale says. The WCOTC’s various Web sites urge its followers to picket Lefkow’s church, and refer to her as “a white woman married to a Jew with three mixed grandchildren.” (Wilgoren 1/9/2003; Anti-Defamation League 2005) For years afterwards, Lefkow will be plagued by an incessant round of death threats, as WCOTC and other white supremacist organizations publish her name, address, and family photographs on their Web sites along with an array of violent threats. In 2003, Hale will be charged with soliciting her murder (see January 9, 2003). “Underground” radio broadcaster Hal Turner will say on his show that Lefkow is “worthy of being killed,” adding that “it wouldn’t be legal, but in my opinion it wouldn’t be wrong.” In 2005, Lefkow’s husband and mother will be murdered, possibly by Hale supporters (see February 28, 2005). (Wilgoren 3/2/2005)

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

Eighteen international arms monitors, including 12 inspectors from the UN Monitoring, Verification and Inspection Commission and 8 from the International Atomic Energy Agency in Vienna, arrive in Baghdad with their cargo of high-tech sensors, computers and other gear. (Sengupta 11/24/2002; Hanley 11/25/2002; Dao 11/25/2002)
Make-up of Inspection Team - The complete roster of UN inspectors expected to participate in the inspections includes some 300 chemists, biologists, missile and ordnance experts and other specialists of UNMOVIC, as well as a few dozen engineers and physicists from the IAEA. Hans Blix of UNMOVIC will head the effort to search for chemical and biological weapons and Jacques Baute of the UN’s International Atomic Energy Agency will lead the team seeking to determine if Iraq has reconstituted its nuclear weapons program. (Hanley 11/25/2002)
Purpose of Inspections - The stated purpose of the inspections, according to the UN resolution, is to bring “to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council.” (United Nations 11/9/2002) However, since the passing of the resolution the Bush administration has maintained that the purpose of inspections is much broader. For instance, US Secretary of State Donald Rumsfeld will claim in January that inspectors are not to act as “discoverers” trying to locate things. Rather the purpose of the inspections, according to Rumsfeld, is to determine whether Iraq is cooperating. (BBC 1/22/2003)
Methods - The inspectors will “revisit the previously monitored sites to check if the equipment installed [by the previous weapons inspectors] is still functional,” explains a UN spokesperson. “It will take some time to do that work. We can’t rule out other activities, but it’s quite likely we will start with that.” Inspectors also says that they will not immediately conduct “intrusive” inspections into Iraq’s more sensitive areas. As an aide to Hans Blix explains to The Washington Post, “We’re not going to do in-your-face inspections. He [Blix] wants effective inspections. It’s not our job to provoke, harm or humiliate.” The inspections teams will also investigate new sites that the US and Britain allege are involved in the development of weapons of mass destruction. Inspectors will have the option to interview Iraqi scientists without the presence of Iraqi officials. The interviews may be conducted outside of Iraq. (Chandrasekaran 11/23/2002)

Former Vice President Al Gore calls Fox News a virtual arm of the Republican Party. “Something will start at the Republican National Committee, inside the building, and it will explode the next day on the right-wing talk show network and on Fox News and in the newspapers that play this game,” Gore says. “And pretty soon they’ll start baiting the mainstream media for allegedly ignoring the story they’ve pushed into the zeitgeist” (see October 13, 2009). (Auletta 5/26/2003)

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

Saddam Hussein announces that he will continue to permit intrusive inspections. Two days before, inspectors had arrived unannounced at Saddam’s Sajoud palace and were given unfettered access to the site. Saddam says he hopes such visits will disprove US allegations that Iraq has weapons of mass destruction. (Chandrasekaran 12/6/2002)

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

UNMOVIC inspectors say they have yet to uncover evidence indicating that Iraq has resumed its production of weapons of mass destruction. After providing the UN Security Council with a summary of the inspectors’ findings, Hans Blix tells reporters in New York, “We have now been there for some two months and been covering the country in ever wider sweeps and we haven’t found any smoking guns.” (Burkeman 1/10/2003) But Ari Fleischer, the White House press secretary, insists that the absence of evidence is of little concern, asserting, “The problem with guns that are hidden is you can’t see their smoke. We know for a fact that there are weapons there.” (Burkeman 1/10/2003) When asked how he knows this, Fleischer quotes from the UN weapons inspectors’ report and notes, “So while they’ve [UN Inspectors] said that there’s no smoking gun, they said the absence of it is not assured. And that’s the heart of the problem. The heart of the problem is Iraq is very good at hiding things.” (White House 1/9/2003) John Negroponte, the US ambassador to the UN, accuses Iraq of “legalistic” cooperation, claiming that it needs to act proactively. He also says, “There is still no evidence that Iraq has fundamentally changed its approach from one of deceit to a genuine attempt to be forthcoming.” (Burkeman 1/10/2003) Colin Powell also seems undaunted by Blix’s remarks. “The lack of a smoking gun does not mean that there’s not one there,” he says, “If the international community sees that Saddam Hussein is not cooperating in a way that would not allow you to determine the truth of the matter, then he is in violation of the UN resolution [1441] (see November 8, 2002)…You don’t really have to have a smoking gun.” (News24 1/10/2003) Sir Jeremy Greenstock, the British ambassador to the UN, echoes views from Washington, asserting that the “passive cooperation of Iraq has been good in terms of access and other procedural issues,” and adds, “But proactive cooperation has not been forthcoming—the kind of cooperation needed to clear up the remaining questions in the inspectors’ minds.” (Burkeman 1/10/2003)

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

Robert Bartley.Robert Bartley. [Source: Slate]The Wall Street Journal’s editorial page editor emeritus, Robert Bartley, acknowledges that Fox News’s slogan, “We report, you decide,” is a “pretense.” Bartley, a staunch conservative, writes: “Even more importantly, the amazing success of Roger Ailes at Fox News (see October 7, 1996) has provided a meaningful alternative to the Left-establishment slant of the major networks.… His news is no more tilted to the right than theirs has been on the left, and there’s no reason for him to drop his ‘we report, you decide’ pretense until they drop theirs” (see October 13, 2009). (Jamieson and Cappella 2008, pp. 49) In May 2003, ABC News president David Westin will say: “I like ‘We report. You decide.’ It’s a wonderful slogan. Too often, I don’t think that’s what’s going on at Fox. Too often, they step over the line and try and help people decide what is right and wrong.” Fox News pundit and host Bill O’Reilly will agree. Asked whether a more accurate tag line for Fox might be “We report. We decide,” he will reply, “Well, you’re probably right.” Todd Gitlin of the Columbia Journalism School will add: “I find it hard to believe many Fox viewers believe Bill O’Reilly is a ‘no-spin zone,’ or ‘We report. You decide.’ It’s a joke. In Washington it reinforces the impression of ‘we happy few who are members of the club.’ It emboldens the right wing to feel justified and confident they can promote their policies.” (Auletta 5/26/2003)

Authors Laurie Mylroie and Peter Bergen appear on a Canadian news broadcast to discuss the impending war with Iraq, and Iraq’s supposed connections to 9/11. Mylroie has long argued that Saddam Hussein was behind every terrorist attack on the US (see 1990) from the 1993 World Trade Center bombings (see October 2000) to 9/11 (see September 12, 2001); Bergen, like many in the journalistic and intelligence communities, believes Mylroie is a “crackpot” (see December 2003). According to Bergen, Mylroie opens the interview by “lecturing in a hectoring tone: ‘Listen, we’re going to war because President Bush believes Saddam Hussein was involved in 9/11. Al-Qaeda is a front for Iraqi intelligence… [the US] bureaucracy made a tremendous blunder that refused to acknowledge these links… the people responsible for gathering this information, say in the CIA, are also the same people who contributed to the blunder on 9/11 and the deaths of 3,000 Americans, and so whenever this information emerges they move to discredit it.’” Bergen counters by noting that her theories defy all intelligence and “common sense, as they [imply] a conspiracy by literally thousands of American officials to suppress the truth of the links between Iraq and 9/11.” Mylroie does not like this. Bergen will later write that by “the end of the interview, Mylroie, who exudes a slightly frazzled, batty air, started getting visibly agitated, her finger jabbing at the camera and her voice rising to a yell as she outlined the following apocalyptic scenario: ‘Now I’m going to tell you something, OK, and I want all Canada to understand, I want you to understand the consequences of the cynicism of people like Peter. There is a very acute chance as we go to war that Saddam will use biological agents as revenge against Americans, that there will be anthrax in the United States and there will be smallpox in the United States. Are you in Canada prepared for Americans who have smallpox and do not know it crossing the border and bringing that into Canada?’” Bergen calls Mylroie’s outburst typical of her “hysterical hyperbole” and “emblematic of Mylroie’s method, which is to never let the facts get in the way of her monomaniacal certainties.” (Bergen 12/2003)

The FBI gathered a significant amount of evidence that showed links between convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and 7:14 a.m. June 11, 2001) and white supremacists who had threatened to attack government buildings, according to investigative memos procured by the Associated Press. This evidence includes hotel receipts, a speeding ticket, prisoner interviews, informant reports, and phone records suggesting that McVeigh had contact with white supremacists connected to the Elohim City community (see 1983, January 23, 1993 - Early 1994, April 1993, October 12, 1993 - January 1994, August 1994 - March 1995, August - September 1994, September 12, 1994 and After, September 13, 1994 and After, November 1994, December 1994, February 1995, March 1995, (April 1) - April 18, 1995, April 5, 1995, April 8, 1995, and Before 9:00 A.M. April 19, 1995). “It is suspected that members of Elohim City are involved either directly or indirectly through conspiracy,” FBI agents wrote in a memo shortly after the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). An FBI teletype shows that some of the supremacists who were present when McVeigh called Elohim City (see April 5, 1995) were familiar with explosives, and had made a videotape in February 1995 vowing to wage war against the federal government and promising a “courthouse massacre.” The AP notes that the Murrah Building, devastated by the blast, was directly across the street from the federal courthouse. The teletype also notes that two members of a violent Aryan Nation bank robbery gang who live in the Elohim City compound left the compound on April 16 for a location in Kansas a few hours away from where McVeigh completed the final assembly of the bomb (see 8:15 a.m. and After, April 18, 1995). Some of the evidence was not turned over to McVeigh’s lawyers for his trial. “They short-circuited the search for the truth,” says McVeigh’s original lead attorney, Stephen Jones. “I don’t doubt Tim’s role in the conspiracy. But I think he clearly aggrandized his role, enlarged it, to cover for others who were involved.” The FBI agent in charge of the investigation, Dan Defenbaugh, says he never saw the FBI teletype that linked McVeigh to the Elohim City community. He says he would not have considered the teletype a “smoking gun” that would have altered the outcome of the investigation, but his team “shouldn’t have been cut out. We should have been kept in on all the items of the robbery investigation until it was resolved as connected or not connected to Oklahoma City.” Defenbaugh adds that he knew nothing of a 1996 plea offer by prosecutors to one of the robbers, Peter Kevin Langan (identified by the AP as Kevin Peter Langan), who said he had information about the bombing. Langan made several demands the government was unwilling to meet, and the plea offer was rescinded. Langan’s lawyer later said Langan could disprove the April 19, 1995 alibis for two of the bank robbers, casting doubt on their denials of non-involvement with the bomb conspiracy. The FBI acknowledges its failure to turn over some documents, but says it found no evidence that McVeigh was involved with anyone in the conspiracy aside from his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998). FBI spokesman Mike Kortan says: “We believe we conducted an exhaustive investigation that pursued every possible lead and ran it to ground. We are confident that those who committed the crime have been brought to justice and that there are no other accomplices out there.” Part of the problem, Defenbaugh says, was that white supremacist militia groups shared many of McVeigh’s far-right beliefs, and some had their own plans for carrying out bombings that had nothing to do with McVeigh’s tightly controlled conspiracy. “Even though we had our conspiracy theories, we still had to deal with facts and the fact is we couldn’t find anyone else who was involved,” Defenbaugh says. Jones says of the Elohim City connection: “I think Tim was there. I think he knew those people and I think some helped, if not in a specific way, in a general way.” Retired FBI agent Danny Coulson says: “I think you have too many coincidences here that raise questions about whether other people are involved. The close associations with Elohim City and the earlier plan to do the same Murrah building all suggest the complicity of other people.” (Solomon 2/13/2003)

Florida’s Second Court of Appeals overturns a wrongful-firing ruling against Fox Television by a lower court (see August 18, 2000), finding in favor of the network against two citizen plaintiffs who claim they were fired by Fox News for refusing to falsify a news segment they were producing for a local affiliate. In essence, the court rules that Fox, and by extension other media outlets, can legally lie to their consumers: that there is no law against distorting or falsifying the news in the US. The appeals court holds that the plaintiffs’ threat to report the network to the Federal Communications Commission (FCC) does not deserve protection under Florida’s whistleblower statute, because a whistleblower must report “an employer breaking an adopted law, rule, or regulation.” The FCC has a policy against falsification of the news, but the court, in what the St. Louis Journalism Review will call “a stunningly narrow interpretation of FCC rules,” rules that the policy does not rise to the level of a “law, rule, or regulation.” Therefore, Fox Television’s Fox News Channel or any other news producer can produce willfully false stories and claim they are true, without fear of reprisal. In their court arguments, lawyers for Fox Television asserted that no rules or laws exist that prohibit distorting or falsifying news reports: that, under the First Amendment, broadcasters have the right to lie or deliberately distort news reports on the public airwaves. The attorneys did not dispute that network officials pressured the plaintiffs to produce a false story; instead, they argued that it was the network’s right to do so. Fox Television won “friend of the court” support from five major news owners: Belo Corporation, Cox Television, Gannett, Media General Operations, and Post-Newsweek Stations. (St. Louis Journalism Review 12/1/2007) After the verdict, the local Fox affiliate, WTVT-TV, airs a news report saying it is “totally vindicated” by the verdict. (Gaddy and Casten 2/28/2009)

Dr. Stuart Wright, a professor of sociology who testified before Congress on the Branch Davidian siege (see April 19, 1993) in 1995 (see Late July 1995 and August 4, 1995), says government investigations of the Davidian siege and the final assault that took almost 80 lives became so politicized as to be almost useless. “The [National Rifle Association] got involved in it, allied with the Republicans, in Congressional subcommittee hearings,” Wright says. “And on the other side, the Democrats were defensive because the Republicans were going after [President] Clinton.” Wright concludes, “I’m not sure the evidence was ever looked at in an objective light.” (Embry 2/23/2003)

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

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

Some of the documents turned over to the UN by Iraq.Some of the documents turned over to the UN by Iraq. [Source: CIA]United Nations Monitoring, Verification and Inspection Commission chief arms inspector Hans Blix provides a quarterly report to the UN Security Council on the progress of inspections in Iraq, as required by UN Security Resolution 1284 (1999). It is the twelfth such report since UNMOVIC’s inception. Blix’s report to the Council does not contain any evidence to support US and British claims that Iraq has weapons of mass destruction or the programs to develop such weapons. (United Nations 3/7/2003 pdf file; CNN 3/7/2003) International Atomic Energy Agency (IAEA) Director General Mohamed ElBaradei also reports to the Council and says there are no signs that Iraq has reconstituted its nuclear weapons program. (United Nations 3/7/2003 pdf file)
UNMOVIC Report by Hans Blix -
bullet There is no evidence that Iraq has mobile biological weapons factories, as was recently alleged by Colin Powell in his February 5 presentation (see February 5, 2003) to the UN. “Several inspections have taken place… in relation to mobile production facilities,” Blix says. “No evidence of proscribed activities has so far been found.” He further explains that his inspectors had examined numerous mobile facilities and large containers with seed processing equipment. (United Nations 3/7/2003 pdf file; CNN 3/7/2003; Agence France-Presse 3/7/2003)
bullet The Iraqi government has increased its cooperation with inspectors since the end of January. It is attempting to quantify the biological and chemical weapons that it says were destroyed in 1991. (United Nations 3/7/2003 pdf file; CNN 3/7/2003; Los Angeles Times 3/7/2003; Associated Press 3/7/2003)
bullet Iraq’s destruction of several Al Samoud II missiles represents a real step towards disarmament. “The destruction undertaken constitutes a substantial measure of disarmament,” he says. “We are not watching the destruction of toothpicks. Lethal weapons are being destroyed.” (CNN 3/7/2003; Los Angeles Times 3/7/2003; Associated Press 3/7/2003) Blix adds, “The destruction undertaken constitutes a substantial measure of disarmament—indeed, the first since the middle of the 1990s.” Major Corrine Heraud, the chief weapons inspector for UNMOVIC in this operation, calls the level of cooperation from the Iraqis “unprecedented,” something that she never would have expected and did not encounter during the 1996-98 inspections. (Lang 6/2004)
bullet Blix says that the UN inspectors needed a few more months to finish their work. “Even with a proactive Iraqi attitude induced by continued outside pressure, it will still take some time to verify sites and items, analyze documents, interview relevant persons and draw conclusions,” he says, concluding, “It will not take years, nor weeks, but months.” (CNN 3/7/2003; Los Angeles Times 3/7/2003; Associated Press 3/7/2003)
bullet Iraqi scientists have recently accepted inspectors’ requests to be interviewed without “minders.” “Since we started requesting interviews, 38 individuals were asked for private interviews, of which 10 accepted under our terms, seven during the past week,” Blix explains. (CNN 3/7/2003)
bullet Some Iraqi scientists have agreed to interviews without “minders”—but more cooperation is needed. Blix says, “While the Iraqi side seems to have encouraged interviewees not to request the presence of Iraqi officials or the taping of the interviews, conditions ensuring the absence of undue influences are difficult to attain inside Iraq.” (CNN 3/7/2003) Iraq needs to turn over more documents. “Iraq, with a highly developed administrative system, should be able to provide more documentary evidence about its proscribed weapons. Only a few new such documents have come to light so far and been handed over since we began.” (CNN 3/7/2003) There is no evidence of underground weapons facilities. Blix says: “There have been reports, denied by Iraq, that proscribed activities are conducted underground. Iraq should provide information on underground structures suitable for the production or storage of weapons of mass destruction. During inspections of declared or undeclared facilities, inspectors examined building structures for any possible underground facilities. In addition, ground-penetrating radar was used in several locations. No underground facilities for chemical or biological production or storage were found.” (CNN 3/7/2003)
IAEA report by Mohamed ElBaradei -
bullet There is no evidence that the aluminum tubes imported by Iraq in July 2001 were meant for a nuclear weapons program. ElBaradei says: “Extensive field investigation and document analysis have failed to uncover any evidence that Iraq intended to use these 81mm tubes for any project other than the reverse engineering of rockets.… Moreover, even had Iraq pursued such a plan, it would have encountered practical difficulties in manufacturing centrifuges out of the aluminum tubes in question.” (United Nations 3/7/2003 pdf file; Los Angeles Times 3/7/2003; Associated Press 3/7/2003; Warrick 3/8/2003)
bullet There is no evidence that Iraq tried to obtain uranium from Niger. Documents provided to the International Atomic Energy Agency by the US were determined to be forgeries. The documents were a collection of letters between an Iraqi diplomat and senior Niger officials discussing Iraq’s interest in procuring a large amount of uranium oxide (see Afternoon October 7, 2002). “Based on thorough analysis, the IAEA has concluded, with the concurrence of outside experts, that documents which formed the basis for the reports of recent uranium transactions between Iraq and Niger are in fact not authentic,” ElBaradei explains. “We have therefore concluded that these specific allegations are unfounded” (see June 12, 2003). (United Nations 3/7/2003 pdf file; Los Angeles Times 3/7/2003; Associated Press 3/7/2003; Warrick 3/8/2003; Sallot 3/8/2003; Traynor 3/8/2003)
bullet The IAEA has yet to come across evidence of a nuclear weapons program. “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq,” ElBaradei states. “[T]here is no indication of resumed nuclear activities in those buildings that were identified through the use of satellite imagery as being reconstructed or newly erected since 1998, nor any indication of nuclear-related prohibited activities at any inspected sites.” (United Nations 3/7/2003 pdf file; Los Angeles Times 3/7/2003; Associated Press 3/7/2003; Sallot 3/8/2003; Warrick 3/8/2003)
bullet In a direct response to allegations made by Colin Powell on February 5 (see February 5, 2003) related to the attempted procurement of magnets that could be used in a gas centrifuge, ElBaradei, says: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters, and field telephones. Through visits to research and production sites, reviews of engineering drawings, and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” (United Nations 3/7/2003 pdf file)
bullet Iraq’s industrial capacity “has deteriorated” at the inspected sites because of lack of maintenance and funds. (United Nations 3/7/2003 pdf file)
bullet ElBaradei concludes: “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq.… I should note that, in the past three weeks, possibly as a result of ever-increasing pressure by the international community, Iraq has been forthcoming in its cooperation, particularly with regard to the conduct of private interviews and in making available evidence that contributes to the resolution of matters of IAEA concern.” (Lang 6/2004)
Inspections 'Fruitful,' Say French, Russians - Both sides claim that the reports give further support to each of their respective stances on the issue of Iraqi disarmament. French Foreign Minister Dominique de Villepin tells the Council that the reports “testify to the progress” of the inspections. He states that France will not support another resolution because “we cannot accept any ultimatum, any automatic use of force.” Russian Foreign Minister Igor Ivanov says that the reports demonstrate that inspections have been “fruitful.”
Inspections Not Working, US Claims - The Bush administration does not alter its position, despite statements by the two inspectors that Iraq is cooperating with inspections and complying with demands to disarm. Colin Powell, responding to the inspectors’ reports, reiterates the administration’s position that the inspections are not working and that Saddam is not cooperating. “We must not walk away,” Powell says. “We must not find ourselves here this coming November with the pressure removed and with Iraq once again marching down the merry path to weapons of mass destruction, threatening the region, threatening the world.” He claims that Iraq’s behavior is a “a catalog still of noncooperation” and repeats the administration’s allegation that the “Iraq regime continues to possess and conceal some of the most lethal weapons ever devised.” Back at the White House, Ari Fleischer tells reporters, “As the president has said, if the United Nations will not disarm Saddam Hussein, it will be another international organization, a coalition of the willing that will be made up of numerous nations that will disarm Saddam Hussein.” (CNN 3/6/2003; King et al. 3/7/2003; Blix 3/7/2003; Powell 3/7/2003 pdf file)
Bush: Missile Destruction 'Meaningless' - Bush himself will call the destruction of Iraqi missiles “meaningless” and nothing more than an Iraqi “campaign of destruction,” shocking UNMOVIC inspectors: “We didn’t know what to make of [his words],” one inspector says afterwards. Former State Department official Patrick Lang will write: “In the final weeks of the countdown to war, the administration’s actions resembled nothing so much as some of the madder scenes from Alice in Wonderland. The fact that the documents the administration had used to ‘prove’ that Iraq was working on nuclear weapons were forged only led to greater insistence that Iraq was a danger. The absence of discovery of WMD by the UN inspectors was only further evidence that the Iraqis were the greatest deceivers in history and that they had succeeded in concealing their location. The destruction of the Al Samoud missiles was just more evidence of a ‘grand deception.’” (Lang 6/2004)
Uranium Allegations 'Outrageous,' Says Former Ambassador - The Washington Post and Los Angeles Times do give the story front-page coverage, and on CNN, former ambassador Joseph Wilson (see July 6, 2003) calls the uranium allegation “outrageous,” adding that the claim “taints the whole rest of the case that the government is trying to build against Iraq.” The US government is “simply stupid” for not finding out the truth sooner: “a couple of phone calls” could have proven that such a deal between Iraq and Niger could not have happened: “All this stuff is open,” Wilson says. “It’s a restricted market of buyers and sellers.” (Rich 2006, pp. 71)
IAEA Report 'Widely Ignored' - Author and media critic Frank Rich will later note, “With America’s March 17 deadline for war (see March 17, 2003 and March 17, 2003) dominating the news, ElBaradei’s pronoucements were widely ignored. The news of the forged uranium documents did not make any of the three network evening newscasts and did not appear in the following day’s New York Times. (It would turn up a day later, in a four-hundred word story on page A13.)” (Rich 2006, pp. 71)

Erica Chase, a member of the World Church of the Creator (WCOTC—see May 1996 and After), is convicted of plotting to blow up Jewish and African-American landmarks in and around Boston. Her boyfriend, Leo Felton, a member of the small white supremacist group The White Order of Thule, is also convicted of the same set of crimes. Chase is given five years in prison by US District Court Judge Nancy Gertner, who calls the plans “hateful” and “horrible”; Felton, who has served time for attempting to murder an African-American taxi driver, receives nearly 22 years in prison. Prosecutors accused Chase and Felton of plotting to foment a “racial holy war” (see 1973). Chase tells the court that she is sorry for her role in the plot and no longer harbors her racial hatreds. “I didn’t see how ugly and disturbing my life was when I was living in the middle of it. I had to be ripped out of it,” she says. “I have a lot of shame for everything.” The couple was arrested in August 2001 for passing counterfeit bills. Prosecutors said that Felton made the counterfeit money to help fund the plan, which included the use of a “fertilizer bomb” similar to that used in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The defense argued that the two were prosecuted solely for their white supremacist beliefs. (Lavoie 3/13/2003)

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

The Los Angeles Times reports that, ironically, the man in charge of security for the nation where the US bases its headquarters for the Iraq war is a supporter of al-Qaeda. Sheik Abdullah bin Khalid al-Thani is the Interior Minister of Qatar. US Central Command and thousands of US troops are stationed in that country. In 1996, al-Thani was Religious Minister and he apparently let 9/11 mastermind Khalid Shaikh Mohammed (KSM) live on his farm (see January-May 1996). Mohammed was tipped off that the US was after him. Some US officials believe al-Thani was the one who helped KSM escape, just as he had assisted other al-Qaeda leaders on other occasions. (Meyer and Goetz 3/28/2003) Another royal family member has sheltered al-Qaeda leaders and given over $1 million to al-Qaeda. KSM was even sheltered by Qatari royalty for two weeks after 9/11 (see Late 2001). (Tyler 2/6/2003) Ahmad Hikmat Shakir, who has ties to the 1993 World Trade Center bombing (see February 26, 1993), the Bojinka plot (see January 6, 1995), and also attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), was sheltered by al-Thani’s religious ministry in 2000. (Isikoff and Klaidman 9/30/2002) Former counterterrorism “tsar” Richard Clarke says al-Thani “had great sympathy for Osama bin Laden, great sympathy for terrorist groups, was using his personal money and ministry money to transfer to al-Qaeda front groups that were allegedly charities.” However, the US has not attempted to apprehend al-Thani or take any other action against him. (Meyer and Goetz 3/28/2003)

Fox News commentator Bill O’Reilly says that those who oppose the Iraq war, such as actor Sean Penn and journalist Peter Arnett, are traitors. (Unger 2007, pp. 290)

Senator Rick Santorum (R-PA) makes a controversial statement concerning gay rights. He makes the statements in an interview with an Associated Press reporter on April 7; the interview will be published on April 20. Santorum, a fervent anti-gay activist, explains his opposition to gay rights, saying: “I have no problem with homosexuality. I have a problem with homosexual acts. As I would with acts of other, what I would consider to be, acts outside of traditional heterosexual relationships. And that includes a variety of different acts, not just homosexual. I have nothing, absolutely nothing against anyone who’s homosexual. If that’s their orientation, then I accept that. And I have no problem with someone who has other orientations. The question is, do you act upon those orientations? So it’s not the person, it’s the person’s actions. And you have to separate the person from their actions.” Asked if the law should ban homosexual acts, Santorum responds by criticizing a recent Supreme Court decision striking down a Texas anti-sodomy statute, saying: “We have laws in states, like the one at the Supreme Court right now, that has sodomy laws and they were there for a purpose. Because, again, I would argue, they undermine the basic tenets of our society and the family. And if the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything. Does that undermine the fabric of our society? I would argue yes, it does. It all comes from, I would argue, this right to privacy that doesn’t exist in my opinion in the United States Constitution, this right that was created, it was created in Griswold—Griswold was the contraceptive case—and abortion. [Santorum is referring to Griswold v. Connecticut, wherein the US Supreme Court threw out a Connecticut ban on contraception.] And now we’re just extending it out. And the further you extend it out, the more you—this freedom actually intervenes and affects the family. You say, ‘Well, it’s my individual freedom.’ Yes, but it destroys the basic unit of our society because it condones behavior that’s antithetical to strong healthy families. Whether it’s polygamy, whether it’s adultery, where it’s sodomy, all of those things, are antithetical to a healthy, stable, traditional family. Every society in the history of man has upheld the institution of marriage as a bond between a man and a woman. Why? Because society is based on one thing: that society is based on the future of the society. And that’s what? Children. Monogamous relationships. In every society, the definition of marriage has not ever to my knowledge included homosexuality. That’s not to pick on homosexuality. It’s not, you know, man on child, man on dog, or whatever the case may be. It is one thing.” The unidentified reporter interrupts Santorum by saying, “I’m sorry, I didn’t think I was going to talk about ‘man on dog’ with a United States senator, it’s sort of freaking me out.” Santorum defends his juxtaposition by saying: “And that’s sort of where we are in today’s world, unfortunately. The idea is that the state doesn’t have rights to limit individuals’ wants and passions. I disagree with that. I think we absolutely have rights because there are consequences to letting people live out whatever wants or passions they desire. And we’re seeing it in our society.” Santorum says that if elected president, he would let “the democratic process” decide on a state level whether to limit or remove the constitutional right to privacy. “If New York doesn’t want sodomy laws, if the people of New York want abortion, fine. I mean, I wouldn’t agree with it, but that’s their right. But I don’t agree with the Supreme Court coming in,” he says. (Associated Press 4/23/2003; Loughlin 4/23/2003) Santorum’s remarks will draw heavy criticism. The Associated Press reporter who interviews Santorum is later identified as Lara Jakes Jordan; the AP often does not identify reporters with a byline (see April 23, 2003 and After).

Patrick Guerreiro, the head of the Log Cabin Republicans, whose organization objects to Rick Santorum’s rhetoric about homosexuals.Patrick Guerreiro, the head of the Log Cabin Republicans, whose organization objects to Rick Santorum’s rhetoric about homosexuals. [Source: Americans for Truth about Homosexuality (.com)]Recent remarks by Senator Rick Santorum (R-PA) alleging that granting rights to homosexuals would also grant Americans the right to commit incest, child rape, and bestiality (see April 7, 2003) draw heavy criticism from both pro-gay organizations and political opponents. Winnie Stachelberg of the gay advocacy organization Human Rights Campaign says: “Senator Santorum’s remarks are deeply hurtful and play on deep-seated fears that fly in the face of scientific evidence, common sense, and basic decency. Clearly, there is no compassion in his conservatism.” Stachelberg asks Republican Congressional leaders to repudiate Santorum’s remarks. The Democratic Senatorial Campaign Committee (DSCC) calls on Santorum to resign as chairman of the Republican Senate Caucus, the number three position in the GOP leadership; Santorum does not do so. The DSCC’s Brad Woodhouse says, “Senator Santorum’s remarks are divisive, hurtful, and reckless and are completely out of bounds for someone who is supposed to be a leader in the United States Senate.” Senate Minority Leader Tom Daschle (D-SD) says Santorum’s position is “out of step with our country’s respect for tolerance.” Senator John Kerry (D-MA), a Democratic presidential contender, criticizes the White House for not speaking out against Santorum’s statements, saying, “The White House speaks the rhetoric of compassionate conservatism, but they’re silent while their chief lieutenants make divisive and hurtful comments that have no place in our politics.” Democratic presidential contender Howard Dean (D-VT) joins in calls for Santorum to step down from the RSC post, saying: “Gay-bashing is not a legitimate public policy discussion; it is immoral. Rick Santorum’s failure to recognize that attacking people because of who they are is morally wrong makes him unfit for a leadership position in the United States Senate. Today, I call on Rick Santorum to resign from his post as Republican Conference chairman.” Patrick Guerriero of the Republican pro-gay group, the Log Cabin Republicans, says that Santorum should either apologize or step down from his post as RSC chair: “If you ask most Americans if they compare gay and lesbian Americans to polygamists and folks who are involved in incest and the other categories he used, I think there are very few folks in the mainstream who would articulate those views.” Santorum’s remarks make it difficult to characterize the GOP as inclusive, Guerriero adds. (Loughlin 4/23/2003; CNN 4/23/2003) Guerriero later tells a gay advocacy newspaper: “Log Cabin Republicans are entering a new chapter. We’re no longer thrilled simply about getting a meeting at the White House. We’re organized enough to demand full equality. I’ve heard that vibration since I’ve been in Washington—that people in the party are taking us for granted. To earn respect, we have to start demanding it.… One of the most disappointing things about this episode is that we’ve spent a lot of time with the senator trying to find common ground. This is how he repays us? There is a sad history of Republican leaders choosing to go down this path, and he should’ve known better.” Another, less prominent Republican pro-gay organization, the Republican Unity Coalition, denounces Santorum’s views but stands by his right to hold them. (Bull 6/10/2003) Some Republican senators join in criticizing Santorum. Susan Collins (R-ME) says Santorum’s choice of words is “regrettable” and his legal analysis “wrong.” Olympia Snowe (R-ME) says, “Discrimination and bigotry have no place in our society, and I believe Senator Santorum’s remarks undermine Republican principles of inclusion and opportunity.” Lincoln Chafee (R-RI) says: “I thought his choice of comparisons was unfortunate and the premise that the right of privacy does not exist—just plain wrong. Senator Santorum’s views are not held by this Republican and many others in our party.” Gordon Smith (R-OR) says that “America and the Republican Party” no longer equate “sexual orientation with sexual criminality. While Rick Santorum intended to reiterate the language of an old Supreme Court decision, he did so in a way that was hurtful to the gay and lesbian community.” And John McCain (R-AZ) says: “I think that he may have been inartful in the way that he described it. I believe that—coming from a person who has made several serious gaffes in my career—that the best thing to do is to apologize if you’ve offended anyone. Because I’m sure that Rick did not intend to offend anyone. Apologize if you did and move on.” (Salon 4/26/2003) The only openly gay member of the House of Representatives, Barney Frank (D-MA), says of Santorum: “The only surprise is he’s being honest about it. This kind of gay bashing is perfectly acceptable in the Republican Party.” Kim Gandy, president of the National Organization for Women (NOW), calls Santorum’s remarks “stunning” and adds: “Rick Santorum is afflicted with the same condition as Trent Lott—a small mind but a big mouth. [Gandy is referring to Lott’s forcible removal from his position as Senate majority leader in 2002 after making pro-segregation remarks.] He has refused to apologize and Republican leaders have either supported or ignored Santorum’s rants blaming societal ills on feminists, liberals, and particularly gays and lesbians. Far from being a compassionate conservative, Santorum’s lengthy and specific comments expose him as abusive, intolerant, and downright paranoid—a poor combination for a top Senate leader.” (People's World 5/7/2003)
Santorum: AP Story 'Misleading' - Santorum says the Associated Press story reporting his remarks was “misleading,” and says he was speaking strictly about a recent Supreme Court case striking down a Texas anti-sodomy law. “I am a firm believer that all are equal under the Constitution,” he says. “My comments should not be construed in any way as a statement on individual lifestyles.” When questioned by a gay Pennsylvanian about his remarks, he says his words were “taken out of context.” (The questioner says to Santorum: “You attacked me for who I am.… How could you compare my sexuality and what I do in the privacy of my home to bigamy or incest?” Santorum denies being intolerant of homosexuality, but repeats his stance that if states were not allowed to regulate homosexual activity in private homes, “you leave open the door for a variety of other sexual activities to occur within the home and not be regulated.”) However, CNN reports that, according to unedited excerpts of the audiotaped interview, “Santorum spoke at length about homosexuality and he made clear he did not approve of ‘acts outside of traditional heterosexual relationships.’ In the April 7 interview, Santorum describes homosexual acts as a threat to society and the family. ‘I have no problem with homosexuality,’ Santorum said, according to the AP. ‘I have a problem with homosexual acts.’” (Loughlin 4/23/2003; CNN 4/23/2003) In an interview on Fox News, Santorum says: “I do not need to give an apology based on what I said and what I’m saying now—I think this is a legitimate public policy discussion. These are not, you know, ridiculous, you know, comments. These are very much a very important point.… I was not equating one to the other. There is no moral equivalency there. What I was saying was that if you say there is an absolute right to privacy for consenting adults within the home to do whatever they want, [then] this has far-reaching ramifications, which has a very serious impact on the American family, and that is what I was talking about.… I am very disappointed that the article was written in the way it was and it has been construed the way it has. I don’t believe it was put in the context of which the discussion was made, which was rather a far-reaching discussion on the right to privacy.” (Salon 4/26/2003; Fox News 4/28/2003)
Bush Defends Santorum - After three days of remaining silent, President Bush issues a brief statement defending Santorum’s remarks, calling Santorum “an inclusive man.” In response, the Democratic National Committee (DNC) issues the following statement from chairman Terry McAuliffe: “President Bush is awfully selective in which American values he chooses to comment on. Rick Santorum disparaged and demeaned a whole segment of Americans and for that President Bush praises him. Three young women in the music business expressed their views and it warrants presidential action. I would suggest that rather than scold the Dixie Chicks (see March 10, 2003 and After), President Bush would best serve America by taking Rick Santorum to the woodshed.” (People's World 5/7/2003; Bull 6/10/2003)
Other Support - Some senators come to Santorum’s defense. Senate Majority Leader Bill Frist (R-TN) says in a statement, “Rick is a consistent voice for inclusion and compassion in the Republican Party and in the Senate, and to suggest otherwise is just politics.” Senator Charles Grassley (R-IA) blames the media for the controversy, saying: “He’s not a person who wants to put down anybody. He’s not a mean-spirited person. Regardless of the words he used, he wouldn’t try to hurt anybody.… We have 51 Republicans [in the Senate] and I don’t think anyone’s a spokesman for the Republican Party. We have a double standard. It seems that the press, when a conservative Republican says something, they jump on it, but they never jump on things Democrats say. So he’s partly going to be a victim of that double standard.” Santorum’s Pennsylvania colleague, Senator Arlen Specter (R-PA), says, “I have known Rick Santorum for the better part of two decades, and I can say with certainty he is not a bigot.” Asked if Santorum’s comments will hurt his re-election prospects, Specter says: “It depends on how it plays out. Washington is a town filled with cannibals. The cannibals devoured Trent Lott without cause. If the cannibals are after you, you are in deep trouble. It depends on whether the cannibals are hungry. My guess is that it will blow over.” Senator Jim Bunning (R-KY) says, “Rick Santorum has done a great job, and is solid as a rock, and he’s not going anywhere.” A number of Republican senators, including Jim Kolbe (R-AZ), the only openly gay Republican in Congress, refuse to comment when asked. (Salon 4/26/2003) Gary Bauer, a powerful activist of the Christian Right who ran a longshot campaign for the Republican presidential nomination in 2000, says that “while some elites may be upset by [Santorum’s] comments, they’re pretty much in the mainstream of where most of the country is.” (Bull 6/10/2003) The conservative advocacy group Concerned Women for America says Santorum was “exactly right” in his statements and blames what it calls the “gay thought police” for the controversy. Genevieve Wood of the Family Research Council agrees, saying, “I think the Republican Party would do well to follow Senator Santorum if they want to see pro-family voters show up on Election Day.” (Loughlin 4/23/2003) Joseph Farah, the publisher of the conservative online news blog WorldNetDaily (WND), says that Santorum was the victim of a “setup” by the Associated Press, and Lara Jakes Jordan, the reporter who wrote the story should be fired. Santorum’s remarks “were dead-on target and undermine the entire homosexual political agenda,” Farah writes. “Santorum articulated far better and more courageously than any elected official how striking down laws against sodomy will lead inevitably to striking down laws against incest, bigamy, and polygamy. You just can’t say consenting adults have an absolute right to do what they want sexually without opening that Pandora’s box.” He accuses the AP of launching what he calls a “hatchet job” against Santorum, designed to take down “a young, good-looking, articulate conservative in the Senate’s Republican leadership.” The AP reporter who interviewed Santorum, Lara Jakes Jordan, is, he says, “a political activist disguised as a reporter.” Farah notes that Jordan is married to Democratic operative Jim Jordan, who works for the Kerry campaign, and in the past Jordan has criticized the AP for not granting benefits to gay domestic partners. Thusly, Farah concludes: “It seems Mrs. Jordan’s ideological fervor is not reserved only for her private life and her corporate politicking. This woman clearly ambushed Santorum on an issue near and dear to her bleeding heart.” (Farah 4/28/2003)

The Associated Press reveals that 10 days before the execution of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and 7:14 a.m. June 11, 2001), lawyers for FBI laboratory employees sent an urgent letter to Attorney General John Ashcroft, saying that a prosecution witness in the McVeigh trial, forensic expert Steven Burmeister, may have lied on the stand (see June 11, 2001). The letter was never given to McVeigh’s lawyers. McVeigh’s former lawyer Stephen Jones says, “It is truly shocking and just the latest revelation of government conduct that bankrupts the prosecution, investigation, and verdict.” Justice Department spokesperson Barbara Comstock says she does not believe the allegations, even if true, would have affected the outcome of the trial, saying, “Court after court has found that the evidence of guilt against McVeigh was overwhelming.” FBI officials call the allegations against Burmeister specious. FBI laboratory director Dwight Adams says: “It didn’t happen. Steve Burmeister is one of the FBI’s finest experts. He is meticulous and honest.” (New York Times 5/1/2003)

Convicted Oklahoma City bombing conspirator Terry Nichols (see March 29, 1999) will stand trial on 160 counts of first-degree murder, Oklahoma State District Court Judge Allen McCall rules. The 160 murder counts represent the 160 citizens who died in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Nichols is already serving a life term in federal prison (see June 4, 1998) for his role in the bombing as it pertained to eight federal law enforcement officials killed in the blast. Nichols faces the death penalty in the upcoming trial. The United States Supreme Court has already ruled that a state trial does not amount to double jeopardy. The preliminary hearing features the same arguments and some of the same witnesses that testified against Nichols in 1997, most prominently Michael Fortier, a friend of Nichols’s co-conspirator Timothy McVeigh who is also serving jail time for his role in the bombing conspiracy (see May 27, 1998). (New York Times 5/14/2003)

The New Yorker reports the results of an Annenberg survey of 673 mainstream news owners, executives, editors, producers, and reporters. Among the survey’s findings is the strong belief that Fox News (see 1995, October 7, 1996, and October 13, 2009)) has had a strong influence on the way broadcasters cover the news, as well as how others present the news on network and cable television programs. In 2002, when the CEO of General Electric, Jeffrey Immelt, was asked how he wanted to improve his own cable news network, MSNBC, he said: “I think the standard right now is Fox. And I want to be as interesting and as edgy as you guys are.” (Auletta 5/26/2003; Jamieson and Cappella 2008, pp. 52)

Anti-abortion activist Eric Robert Rudolph, wanted in a deadly spree of bombings that targeted abortion clinics, a gay and lesbian nightclub, and the 1996 Olympic Park in Atlanta (see October 14, 1998), is captured after five years of living as a fugitive from law enforcement attempts to find and arrest him. Rudolph is found in the mountainous Nantahala National Forest of western North Carolina, where FBI and other authorities believe he has been hiding since his 1998 bombing of an Alabama abortion clinic (see January 29, 1998). “He had been in the area the whole time,” says Cherokee County Sheriff Keith Lovin. Rudolph may face the death penalty. He was spotted by a Murphy, North Carolina, police officer, who saw him behind a local grocery store. The officer initially thought Rudolph might be a burglar. Rudolph does not resist arrest and is quickly brought into custody, where he is identified. Rudolph’s last known sighting was in July 1998. Rudolph later says that during some of his time as a fugitive, he was forced to subsist on acorns and salamanders until he began successfully stealing food from local businesses and residences.
Attorney General: Rudolph 'the Most Notorious American Fugitive' on FBI's List - Attorney General John Ashcroft calls Rudolph “the most notorious American fugitive on the FBI’s ‘Most Wanted’ list,” and adds, “This sends a clear message that we will never cease in our efforts to hunt down all terrorists, foreign or domestic, and stop them from harming the innocent.” Former nurse Emily Lyons, who was disfigured and disabled in the 1998 Alabama bombing, tells reporters that she has always believed Rudolph was alive and in hiding; she says she looks forward to confronting him in court and asking him why he bombed the clinic and other locales. “What was it that you picked that day, that place, for what purpose?” she says. “Why did you do the Olympics? Why did you do [that] to the others in Atlanta? What were you trying to tell everybody that day?… That’s the ultimate goal, to see him in court, possibly to talk to him and to see the final justice done.” Family members will tell reporters that Rudolph is against all forms of government, and holds white supremacist, anti-Semitic, and separatist views. He has been confirmed as a member of the violent anti-abortion and anti-gay organization Army of God (AOG—see 1982, August 1982, and July 1988). (CNN 5/31/2003; CNN 5/31/2003; CNN 12/11/2003; Freeman 8/24/2006)
Studied Unabomber - During his isolation in Murphy, Rudolph determined to become one of the most dangerous terrorists of all time. He focused primarily on the “lone wolf” methods employed by Ted Kaczynski, the “Unabomber” (see April 3, 1996). FBI agent Jack Killorin later says of Rudolph: “Eric was something of a student of the game. I think he learned from the Unabomber that if you go underground, the trail goes cold. If you isolate yourself, you can evade identification and capture.” (Freeman 8/24/2006)
Praised by White Supremacist, Extremist Organizations - White supremacist and extremist anti-abortion groups praise Rudolph as a “hero” and “freedom fighter,” and call him a “martyr” for his actions. Some of the organizations call for further violence in emulation of Rudolph’s actions. The Anti-Defamation League (ADL) warns that the extremist “chatter” comprises a “a dangerous mix” of twisted conspiracy theories about Jews and calls to violence. “What some hatemongers and extremists are saying is, this person is a hero whose crusade against abortion and the government is noble and praiseworthy,” says Abraham Foxman of the ADL. “What is even more troubling is that some of the chatter is calling for violence or lone-wolf acts to be carried out in Rudolph’s name. Others are using the arrest as an excuse to spread twisted conspiracy theories about Jews. As we have seen in the past, this can be a dangerous mix.” A Pennsylvania faction of the Christian Identity and neo-Nazi group Aryan Nations (see Early 1970s) posts on its Web site: “Let his enemies gloat, for their days are numbered. There will always be another to fill the shoes of a fallen hero. The enemy has not won and will NEVER win.” An Atlantic City neo-Nazi group posts a comment saying: “[A]nother good solid white warrier becomes another prisoner of war! We need more lone wolves… WAY MORE!!!” A message posted on a White Revolution message board praises Rudolph for killing “degenerate scum.” A Christian Identity (see 1960s and After) poster warns that the government will escalate attempts to “persecute” white supremacist and neo-Nazi organizations. Several white supremacist organizations such as Stormfront charge the “Jewish-controlled media” with “unfairly” targeting their organizations in the wake of the Rudolph bombings. “[T]he message is clear,” one site posts. “Shut up, or else!” A Stormfront poster writes that if there were “more Erich [sic] Rudolphs, Timothy McVeighs, Benjamin Smiths, and Buford Furrows in America, we’d have a much nicer place to live.” Smith and Furrow are two white supremacists who went on deadly shooting sprees in the Midwest and California in the summer of 1999 (see July 2-4, 1999 and August 10, 1999). The AOG Web site posts a photo of a nurse injured in the Alabama bombing with the caption, “Babykilling Abortion Nurse Emily Lyons got a taste of her own medicine.” (Anti-Defamation League 6/3/2003)

A story in the New York Times about captured anti-abortion extremist Eric Rudolph (see April 14, 2005) portrays the sympathy many locals have for Rudolph, and ties Rudolph’s acts of terrorism with the Christian faith as espoused by some. Crystal Davis of Murphy, North Carolina, where Rudolph hid from authorities for five years, tells a reporter: “He’s a Christian and I’m a Christian and he dedicated his life to fighting abortion. Those are our values. And I don’t see what he did as a terrorist act.” Many Murphy residents agree with Davis’s views, and express their sympathy for Rudolph and their disdain for the federal agents who combed the area looking for him. Birdhouse builder William Hoyt says: “We thought it was kind of funny when the feds rolled in here all arrogant. They kept saying they didn’t need our help. It put a lot of people off. Nobody around here condones murder, but I think a lot of people weren’t sure which side to be on.” Some Murphy residents sport T-shirts with the slogans “Run, Rudolph, Run” and “Eric Rudolph—Hide and Seek Champion of the World.” Davis says she would have helped Rudolph had she been given the opportunity. “If he came to my door, I’d give him food,” she says. “That’s just how we are with strangers.” Assistant high school principal Bill Gaither says: “I agree with his views. But not his ways. I’m glad they finally got him.” (Gettleman 6/1/2003) Weeks later, liberal blogger David Neiwert will cite the Times article and ask if Rudolph might well be termed a “Christian terrorist.” Neiwert will write, referring to the “Christian Identity” movement of religious white supremacists and anti-Semites of which Rudolph is affiliated (see 1960s and After): “Both Mrs. Davis and the reporter’s basic question eliminated the distinction between Identity and Christianity—something that has become increasingly easy to do as Identity rhetoric attunes itself to the mainstream, and conservatism itself becomes increasingly bellicose and intolerant. These lines blurred even further as other media reports picked up the ‘Christian terrorist’ idea and played with it.” Washington Post reporter Alan Cooperman asks, “Is he a ‘Christian terrorist’?” and goes on: “The question is not just whether Rudolph is a terrorist, or whether he considers himself a Christian. It is whether he planted bombs at the 1996 Olympic Games in Atlanta, two abortion clinics, and a gay nightclub to advance a religious ideology—and how numerous, organized and violent others who share that ideology may be.” Cooperman then quotes a sociology professor from Idaho State University, James Aho, who says he is reluctant to use the term “Christian terrorist,” saying, “I would prefer to say that Rudolph is a religiously inspired terrorist, because most mainstream Christians consider Christian Identity to be a heresy.” If Christians take offense at the juxtaposition of the words “Christian” and “terrorist,” he adds, “that may give them some idea of how Muslims feel” when they constantly hear the term “Islamic terrorism.… Religiously inspired terrorism is a worldwide phenomenon, and every major world religion has people who have appropriated the label of their religion in order to legitimize their violence.… I’m inclined to believe that people who are violent in their inclinations search out a religious home that justifies their violence.” However, Syracuse University professor Michael Barkun says, “Based on what we know of Rudolph so far, and admittedly it’s fragmentary, there seems to be a fairly high likelihood that he can legitimately be called a Christian terrorist.” Barkin has been a consultant to the FBI on Christian extremist groups. (Cooperman 6/2/2003; David Neiwert 6/17/2003)

In the case of Federal Election Commission v. Beaumont, the Supreme Court rules that the ban on direct corporate donations by the Federal Election Campaign Act (FECA—see February 7, 1972) is constitutional. The case concerns a challenge to the law by Christine Beaumont and North Carolina Right to Life (NCRL), an anti-abortion advocacy group that sued for the right to donate directly to political candidates under the First Amendment. Beaumont and the NCRL were twice denied in lower courts, and have appealed to the Supreme Court. In a 7-2 decision, the Court upholds the ban. The majority opinion is written by Justice David Souter, who rules that the ban on direct contributions is consistent with the First Amendment. The Court cannot find in favor of NCRL, Souter writes, “without recasting our understanding of the risks of harm posed by corporate political contributions, of the expressive significance of contributions, and of the consequent deference owed to legislative judgments on what to do about them.” Two of the most conservative justices on the Court, Antonin Scalia and Clarence Thomas, dissent, arguing that the ban is not constitutional. (Brennan Center for Justice 6/16/2003; Oyez (.org) 2009)

Apparently, the white supremacist ideology formerly thought of as a uniquely American issue has spread to South Africa. Ten years after the collapse of apartheid and whites-only rule in that country, dozens of right-wing, white supremacist groups are being founded in South Africa. Many of them believe that black majority rule is a punishment sent by God because of the disobedience by the Afrikaaner people. They view themselves as descendents of the 10 lost tribes of Israel, whites who are destined to rule over all races and forbidden to mix with other races. Many of these groups echo the Christian Identity ideology (see 1960s and After). Reverend Willie Smith, a former Baptist minister, founded the Lewende Hoop (Living Hope) community in Kroonstad in the Free State in the late 1990s. Smith says: “I looked around and saw the need of my people, the Afrikaaners. They do not know who they are. The other churches are not preaching the truth. But I tell them, you are the people of the Bible. The Bible was written for you.… We strayed from the teachings of the Bible. Our leaders sold us out. They want us to mix with the other races. But it is not working. The other churches are preaching that you must love all. But we don’t want that. We don’t want to overthrow the government. We have to wait for deliverance from the Lord.… We are suffering under this ANC [African National Congress]-communist regime. We want blacks, coloreds, and the other races to return to their traditions. If we rule, it will be a blessing for all of Africa.” Smith’s group allegedly consists of 30 congregations with a total of 6,000 believers. (Ontario Consultants on Religious Tolerance 5/30/2006)

The cover of ‘Bush Vs. the Beltway.’The cover of ‘Bush Vs. the Beltway.’ [Source: Oferton de Libros]Neoconservative author Laurie Mylroie, who believes that Saddam Hussein was behind every terrorist attack on the US from 1993 through 2001 (see 1990 and October 2000), publishes her latest book, Bush vs. the Beltway: How the CIA and the State Department Tried to Stop the War on Terror. Mylroie accuses those agencies of suppressing information about Iraq’s role in 9/11, names 9/11 mastermind Khalid Shaikh Mohammed (KSM) as an Iraqi agent (whose identity as such is being hidden by shadowy forces within the Bush administration), and calls President Bush “an actual hero… who could not be rolled, spun, or otherwise diverted from his most solemn obligation” to overthrow Saddam Hussein. However, like Mylroie’s other theories, her belief that KSM was an Iraqi agent is not popularly accepted. Author and war correspondent Peter Bergen is contemptuous of her theorizing, noting that Mylroie claims “a senior administration official told me in specific that the question of the identities of the terrorist masterminds could not be pursued because of bureaucratic obstructionism.” Bergen will write: “So we are expected to believe that the senior Bush administration officials whom Mylroie knows so well could not find anyone in intelligence or law enforcement to investigate the supposed Iraqi intelligence background of the mastermind of 9/11, at the same time that 150,000 American soldiers had been sent to fight a war in Iraq under the rubric of the war on terrorism. Please.” Bergen also notes that repeated interrogations of KSM—sometimes verging on torture (see Shortly After February 29 or March 1, 2003)—have failed to produce a shred of evidence connecting him with Iraq. (Bergen 12/2003)

Judith Yaphe testifies before the 9/11 Commission. Yaphe, a CIA veteran who now teaches at the Pentagon’s National Defense University, is considered one of the agency’s most experienced and knowledgeable Iraq analysts. Yaphe states that while Saddam Hussein was indeed a sponsor of terrorism, it is improbable, based on what is currently known, that Hussein and Iraq had any connections to the 9/11 attacks, nor that a connection between Iraq and al-Qaeda is believable. (National Commission on Terrorist Attacks Upon the United States 7/9/2003) Yaphe is disturbed by the commission’s apparent acceptance of the testimony of Laurie Mylroie (see July 9, 2003), whose theories about connections between Iraq and al-Qaeda have long been discredited by both intelligence analysts and outside experts. She wonders why Mylroie’s “crazed theories” were being heard at all, and why the commission would risk its credibility by giving Mylroie this kind of exposure. She even speculates that Mylroie’s testimony is some sort of setup by the commission or the staff, and hopes that her own testimony can offset Mylroie’s theories and help discredit Mylroie before the commission. (Shenon 2008, pp. 130-134) Yaphe tells the commission, in apparent reference to Mylroie, that the use of circumstantial evidence is “troubling” and that there is a “lack of credible evidence to jump to extraordinary conclusions on Iraqi support for al-Qaeda.” She also calls Mylroie’s theories of Iraqi spies using false identities to help execute the 1993 World Trade Center bombings (see February 26, 1993) worthy of a fiction novel and completely unsupported by fact. (National Commission on Terrorist Attacks Upon the United States 7/9/2003)

One of the first media-based attacks on Joseph Wilson and his wife Valerie Plame Wilson after her outing as a CIA agent (see July 14, 2003) comes from former Defense Secretary Caspar Weinberger, who writes a scathing op-ed for the Wall Street Journal. Weinberger accuses the opponents of the Iraq invasion of mounting a baseless smear campaign against the Bush administration by “using bits and pieces of non-evidence to contend that we did not have to replace the brutal regime of Saddam Hussein.” He asserts that President Bush was correct to say that Iraq had attempted to buy uranium from Niger (see 9:01 pm January 28, 2003), using the October 2002 National Intelligence Estimate (see October 1, 2002) and a review by a British investigative commission (see September 24, 2002) as support for his argument. He insists that WMD will be found in Iraq. Weinberger then writes that “the CIA committed a major blunder [by asking] a very minor former ambassador named Joseph Wilson IV to go to Niger to investigate” (see February 21, 2002-March 4, 2002). Weinberger correctly characterizes Wilson as “an outspoken opponent” of the invasion, but then falsely asserts that “Mr. Wilson’s ‘investigation’ is a classic case of a man whose mind had been made up using any opportunity to refute the justifications for our ever going to war.” He asserts that Wilson spent eight days in Niger drinking tea and hobnobbing with ambassadors and foreign service types. Weinberger continues, “Because Mr. Wilson, by his own admission, never wrote a report, we only have his self-serving op-ed article in the New York Times to go by” (see July 6, 2003). He is apparently unaware that Wilson was thoroughly debriefed on his return from Niger (see March 4-5, 2002). He writes, “If we are to rely on this kind of sloppy tea-drinking ‘investigation’ from a CIA-chosen investigator—a retired ambassador with a less than stellar record—then I would say that the CIA deserves some of the criticism it normally receives.” Weinberger concludes that the US had a choice of “either… letting [Saddam Hussein] continue his ways, such as spraying poison on his own people, and breaking every promise he made to us and to the UN; or… removing him before he used nuclear weapons on his neighbors, or on us.” (Weinberger 7/18/2003)
Wilsons: Weinberger's Credibility Lacking because of Iran-Contra Connection - In 2007, Plame Wilson will write: “That’s rich, I thought. Weinberger had been indicted on charges stemming from the Iran-Contra affair (see December 25, 1992) and likely only avoided prison time because of a presidential pardon.” (Wilson 2007, pp. 146-147) Wilson himself will note that “Weinberger was not the most credible person to launch that particular counterattack, since, but for the grace of a pardon… he might have well had to do jail time for how poorly he had served his president, Ronald Reagan, in the Iran-Contra affair.” (Wilson 2004, pp. 338)
Attempt to Intimidate Others - Wilson will note in 2004 that Weinberger deliberately focused on a minor detail of his report—drinking mint tea with the various people he met during his trip—and used it to “suggest… that supposedly I’d been excessively casual and dilatory in my approach to the mission.” He will add: “It seemed that the motive for the attacks on me was to discourage anyone else from coming forward who had a critical story to tell.… In essence, the message was, ‘If you pull a “Wilson” on us, we will do worse to you.’ However offensive, there was a certain logic to it. If you have something to hide, one way to keep it secret is to threaten anyone who might expose it. But it was too late to silence me; I had already said all I had to say. Presumably, though, they thought they could still silence others by attacking me.” (Wilson 2004, pp. 338-339)

Fires started by members of the ELF consume a building under construction in San Diego.Fires started by members of the ELF consume a building under construction in San Diego. [Source: Anti-Defamation League]Earth Liberation Front (ELF—see 1997 and October 19, 1998) activists burn down part of a housing complex under construction in San Diego. The fires destroy a five-story building and a 100-foot construction crane; damages are estimated at somewhere around $50 million. Activists leave behind a 12-foot banner reading, “If you build it, we will burn it,” and decorated with the ELF acronym. Six weeks later, ELF will set fire to three other homes under construction in the area. ELF says the fires are its way of combating “urban sprawl,” which it views as a wasteful and unnecessary encroachment on natural habitats. (Anti-Defamation League 2005)

Conservative pundit and author David Horowitz publishes an op-ed in his Front Page Magazine calling all Democrats “racists,” and claiming that the Democratic Party is “the party of special interest bigots and racial dividers” for its alleged support of “racist school policies.” Horowitz writes, “The Democratic Party has shown that it will go to the wall to preserve the racist laws which enforce these preferences, and to defend the racist school systems that destroy the lives of millions of children every year.” At some point, Horowitz will delete the op-ed from the Front Page Magazine Web site, but it will be quoted in a December 2004 article by progressive media watchdog organization Media Matters. (Media Matters 12/1/2004)

Paul Hill, a former minister convicted of the murder of Dr. John Britton and bodyguard James Barrett (see July 29, 1994), is put to death by lethal injection. Hill is the first person executed in the US for anti-abortion violence. Florida Governor Jeb Bush (R-FL) ignores calls by death penalty opponents and threats from anti-abortion activists to stop the execution, saying he will not be “bullied” into stopping Hill’s execution. Hill dies via a lethal injection. Florida abortion clinics are on heightened alert for reprisals and attacks; several clinic officials have received death threats in recent weeks. Hill has never contested his execution, instead insisting that he merely followed God’s orders in killing Britton and Barrett. He has maintained that God will forgive him for the murders. “I expect a great reward in heaven,” he said just days before his execution. “I am looking forward to glory.” Hill has called for others to use violence to prevent abortions. Many extremist anti-abortion organizations openly proclaim Hill as a martyr for their cause, while more mainstream anti-abortion organizations have denounced Hill’s use of violence. (Fox News 9/3/2003; CBS News 4/19/2007) Father David C. Trosch, a staunch supporter of Hill, will write a eulogy of sorts for him three days after the execution. Trosch was present during at least one day of court proceedings, and will complain that Hill was not allowed “to speak to the jury regarding his motive for killing an abortion provider and an assistant.” According to Trosch, “It was a justifiable deed as he was defending innocent pre-born, tiny, perfectly formed human beings, each carrying a fully formed human spirit, given to them by God, at their conception.” Trosch will write that he is more saddened by Hill’s execution than he was by the loss of any number of his family members, including his parents, wife, and children. (David C. Trosch 9/6/2003)

The Pittsburg County Courthouse, where Terry Nichols will be tried on 161 counts of first-degree murder.The Pittsburg County Courthouse, where Terry Nichols will be tried on 161 counts of first-degree murder. [Source: Associated Press]Oklahoma State District Judge Steven Taylor rules that convicted Oklahoma City bombing conspirator Terry Nichols, already serving life after being convicted of federal charges for his role in the bombing conspiracy (see June 4, 1998), will be tried in McAlester, Oklahoma, instead of in or near Oklahoma City. Nichols faces 160 (later amended to 161) state charges of first-degree murder, each of which could result in the death penalty (see May 13, 2003). Defense lawyers successfully argued that Nichols would suffer from “prejudicial publicity” among jurors from the Oklahoma City area, though they had argued that the trial should be moved out of state entirely. (New York Times 9/4/2003; New York Times 9/7/2003; New York Times 9/9/2003)

The legal experts at the Office of the Staff Judge Advocate (OSJA) issue a memorandum amending the set of interrogation rules included in a September 10 memo (see September 10, 2003) by military legal experts in Iraq. The additional methods included in that memo can only be used with prior approval by Lieutenant General Ricardo Sanchez on a case-by-case basis, the OSJA document says. (US Department of Defense 8/23/2004 pdf file) Like Major General Geoffrey Miller, the OSJA stresses the importance of collaboration between MPs and intelligence personnel. It also provides “safeguards such as legal reviews of the interrogation plans and scrutiny of how they were carried out,” the Washington Post later reports. (Smith and White 6/12/2004) Additionally, the memo discusses how the Arab fear of dogs can be exploited. (US Department of Defense 8/23/2004 pdf file) According to a later report (see August 25, 2004) by General George R. Fay, interrogators at Abu Ghraib immediately adopt the new set of rules. But Staff Judge Advocate Colonel Mark Warren will recall that the memo is not implemented until its approval by the US Central Command (CENTCOM). (US Department of Defense 8/23/2004 pdf file) Evidence, however, supports the Fay report. “After mid-September 2003,” Fay will write, “all [s]oldiers assigned to Abu Ghraib had to read a memorandum titled IROE [Interrogations Rules of Engagement], acknowledging they understood the ICRP, and sign a confirmation sheet indicating they had read and understood the ICRP.” (US Department of Defense 8/23/2004 pdf file) According to classified documents uncovered by the Senate Armed Services Committee (see April 21, 2009), CENTCOM lawyers begin objecting to the policies almost immediately. One e-mail, from a CENTCOM lawyer to a Staff Judge Advocate, warns, “Many of the techniques appear to violate [Geneva Conventions] III and IV and should not be used.” (Levin 4/21/2009)

Rush Limbaugh, in a publicity photo from ESPN.Rush Limbaugh, in a publicity photo from ESPN. [Source: ESPN]Conservative radio host Rush Limbaugh, a former sports broadcaster recently given a slot as a commentator on National Football League games by ESPN, makes what many believe is a racist comment about black quarterback Donovan McNabb. McNabb, the starting quarterback for the Philadelphia Eagles, is a three-time Pro Bowl selection, a runner-up for the Most Valuable Player award, and has steered his team into two conference championships. Limbaugh tells his listeners that McNabb is overrated, and adds what ESPN will call “racial overtones that have set off a controversy.” Limbaugh says: “Sorry to say this, I don’t think he’s been that good from the get-go. I think what we’ve had here is a little social concern in the NFL. The media has been very desirous that a black quarterback do well. There is a little hope invested in McNabb, and he got a lot of credit for the performance of this team that he didn’t deserve. The defense carried this team.”
Limbaugh Denies Racial Content; ESPN Defends Remarks - Limbaugh later says that his remarks were not meant to be racist; ESPN states: “Although Mr. Limbaugh today stated that his comments had ‘no racist intent whatsoever,’ we have communicated to Mr. Limbaugh that his comments were insensitive and inappropriate. Throughout his career, he has been consistent in his criticism of the media’s coverage of a myriad of issues.” ESPN vice president Mark Shapiro defends Limbaugh, saying: “This is not a politically motivated comment. This is a sports and media argument. Rush was arguing McNabb is essentially overrated and that his success is more in part [due] to the team assembled around him.” Because of his contractual insistence that he cannot be interviewed, no one from the press is allowed to ask Limbaugh for themselves what he did or did not mean. McNabb tells a Philadelphia reporter: “It’s sad that you’ve got to go to skin color. I thought we were through with that whole deal.” A subsequent ESPN report says that “Limbaugh’s remarks could be considered as untimely as they are thought to be out of bounds.” The report also notes that 10 NFL teams have had black quarterbacks start at least one game this season, and two of the league’s best quarterbacks, Michael Vick and Daunte Culpepper, are black. Eagles coach Andy Reid says, “I think the Philadelphia Eagles and the city of Philadelphia are very lucky to have Donovan McNabb.” (ESPN 10/1/2003)
Controversy over Remarks - Limbaugh’s remarks spark considerable controversy among the sports community and among political pundits, with many defending Limbaugh and others decrying his comments. Democratic presidential candidates Wesley Clark (D-AK), Howard Dean (D-VT), and Al Sharpton (D-NY) call on ESPN to fire Limbaugh. The National Association of Black Journalists (NABJ) calls on ESPN to “separate itself” from Limbaugh, with NABJ president Herbert Lowe saying: “ESPN’s credibility as a journalism entity is at stake. It needs to send a clear signal that the subjects of race and equal opportunity are taken seriously at its news outlets.” McNabb adds in a comment to a reporter: “It’s somewhat shocking to hear that on national TV from him. It’s not something that I can sit here and say won’t bother me.” On his radio show, Limbaugh declares himself “right about something” because otherwise “there wouldn’t be this cacophony of outrage that has sprung up in the sports writer community.” Los Angeles Weekly reporter John Powers notes that Limbaugh’s remarks must be taken in the context of his history of making racially inflammatory comments. Powers notes that if sports commentator Jim Rome made the same remarks, little would have been made of them, because Rome has a history of being “criticized for being too soft on black athletes and callers.” Instead, Powers writes, Limbaugh is “a radio thug who has made his name saying things like, ‘The NAACP should have riot rehearsal. They should get a liquor store and practice robberies.’” Powers asks why Limbaugh would have brought the subject up at all, and answers his own question: “Because it fits Limbaugh’s ideologically charged belief that insidious ‘liberals’—that is, the media and government—keep bending over backward to give African-Americans special treatment that they don’t deserve. (This will come as news to most black Americans, who have a far higher level of poverty than the rest of the country.) We’ve moved beyond the point where big-time media figures will claim that blacks are inferior (and I have no evidence that Limbaugh thinks so). But you can still nab a huge audience by stirring up underlying racial resentments while pretending that you’re actually talking about ‘the media’—which is precisely what Limbaugh did in the McNabb case.… Limbaugh was practicing a kind of second-degree racism—on the carom, so to speak. And when he was called on it—not by his ESPN colleagues, alas—Rush beat a gutless retreat back to the bully’s pulpit of his radio show, where he can insist that widespread revulsion at his words proves they’re actually true (what reasoning!) and if anyone disagrees, he can just cut them off.” (ESPN 10/2/2003; Powers 10/9/2003)
Limbaugh Resigns ESPN Position - Limbaugh resigns his position with ESPN on October 2. In a statement, he says: “My comments this past Sunday were directed at the media and were not racially motivated. I offered an opinion. This opinion has caused discomfort to the crew, which I regret. I love NFL Sunday Countdown and do not want to be a distraction to the great work done by all who work on it. Therefore, I have decided to resign. I appreciate the opportunity to be a part of the show and wish all the best to those who make it happen.” ESPN president George Bodenheimer calls Limbaugh’s resignation “appropriate.” (ESPN 10/2/2003)

Dennis Mahon, a veteran white supremacist (see 1973 and After, August 1994 - March 1995, November 1994, and February 9, 1996 and After) and member of the White Aryan Resistance (WAR), leaves a voice message at the Scottsdale, Arizona, Office of Diversity and Dialogue that is so menacing as to attract the attention of law enforcement authorities. Mahon, speaking in reference to Scottsdale’s upcoming Hispanic heritage week celebration, says: “You guys, you, you, rich white people you really, you really are something else. If, if I had my way I’d sic about hundred thousand illegal aliens right into Scottsdale and see how you like your damn heritage. The White Aryan Resistance is growing in Scottsdale. There’s a few white people who are standing up. Take care.” Authorities later suspect Mahon of bombing the office (see February 26, 2004 and After). (Martin 1/10/2012)

Shawn Parry-Giles.Shawn Parry-Giles. [Source: University of Maryland]Communications professor Shawn Parry-Giles says that she hears echoes of the rhetoric of former Vice President Spiro Agnew in Defense Secretary Donald Rumsfeld’s speeches about Iraq (see 1969-1971). Parry-Giles says: “Spiro T. Agnew’s resignation is often lost in the turmoil surrounding the painful events of Watergate (see October 10, 1973). Yet his campaign against the US news media during the Vietnam War still resonates, especially among those who covered the war. In a recent press conference… Rumsfeld emphasized all the good that has come from the US efforts in that war torn country. In listening to his press conference, I heard echoes of… Agnew’s famous line: ‘In the United States today, we have more than our share of the nattering nabobs of negativism.’ If the war in Iraq continues on its current trajectory, we might expect the spirit of Agnew to rise once again, as the Bush administration reminds the US news media and the [D]emocratic presidential candidates that in times of international conflict, we are to remain unified.” (Ottalini 10/6/2003)

Conservative talk show host Rush Limbaugh announces the results of a poll finding: “We have a great Gallup poll, folks. Sixty percent of conservatives, 40 percent of moderates, and 18 percent of liberals say the media is too liberal.” Authors Kathleen Hall Jamieson and Joseph N. Cappella later write that Limbaugh “creates an interpretative frame for the information,” with Limbaugh saying, “We all know that moderates are liberals anyway, so that would be 58 percent of liberals and 60 percent of conservatives, that’s over 100 percent of the people who think the media is too liberal.” Neither Jamieson nor Cappella point out the creative mathematics and regrouping Limbaugh is performing. They do note, however, that on Fox News, commentator Tony Snow reports the same poll results, and accuses the “liberal media” of failing to report the poll in a widespread fashion. (Jamieson and Cappella 2008, pp. 149)

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

Wall Street Journal reporter Brian Anderson writes: “Watch Fox [News] for just a few hours, and you encounter a conservative presence unlike anything on television. When CBS and CNN would lead a news item about an impending execution with a candlelight vigil of death-penalty protesters, for example,” Anderson quotes Fox senior vice president for news John Moody as saying it is “de riguer that we put in the lead why the person is being executed.” Anderson continues, “Fox viewers will see Republican politicians and conservative pundits sought out for meaningful quotations, skepticism voiced about environmental ‘doomsaying,’ religion treated with respect, pro-life views given airtime—and much else they’d never find on other networks” (see October 13, 2009). (Jamieson and Cappella 2008, pp. 50)

President Bush signs a bill into law banning so-called “partial-birth abortions.” A similar bill was vetoed by then-President Clinton in 1996 (see April 1996). The bill signing is part of a ceremony of abortion opposition featuring some 400 lawmakers and anti-abortion advocates. The new law, known as the Partial Birth Abortion Ban Act, is the first time the federal goverment has banned an abortion procedure since the 1973 Roe v. Wade decision legalized abortions (see January 22, 1973). A federal judge in Nebraska has already said the law may be unconstitutional, and many observers expect it to be challenged. (CBS News 4/19/2007) Three years later, the Supreme Court will uphold the law (see April 17, 2007).

Conservative columnist and mathematician John Derbyshire gives an interview about his recent book about Riemann’s Hypothesis, Prime Obsession. In the course of the interview, Derbyshire says flatly that he is a racist. (Two years ago, Derbyshire wrote in the National Review that racial and ethnic stereotyping was a useful and desirable activity—see February 1, 2001). Derbyshire tells his interviewer that he and other “‘respectable’ conservative journalists” must observe certain “restraints” in speaking and writing about race, or risk being “crucified by the liberal media establishment [and] have to give up opinionating and go find some boring office job somewhere.” Derbyshire says he is “not very careful about what I say,” and says flatly, “I am a homophobe, though a mild and tolerant one, and a racist, though an even more mild and tolerant one.” Derbyshire warns that such opinions “are going to be illegal pretty soon, the way we are going. Of course, people will still be that way in their hearts, but they will be afraid to admit it, and will be punished if they do admit it.” He also cites the openly racist, white supremacist blog VDare.com as one of the few blogs he reads on a regular basis, as it features “really clever people saying interesting things.” (Kevin Holtsberry 11/11/2003) In a follow-up email a week later, Derbyshire expands on his self-characterization as a “mild and tolerant” racist and homophobe. He begins by noting that he grew up in England during a time when anti-Semitism was prevalent. He terms that atmosphere “perfectly harmless,” saying that “Jews thrived and prospered.” He does not favor public discrimination, he says, and asserts that if he chooses not to hire blacks or other racial groups, he should have a perfect right to do so; the same condition should apply to anyone over their religious persuasion or gender. “These things are no proper business of the public authorities.” He does not approve of homosexuality, he writes, and considers it bad for Western civilization. “I do not believe that any stable society can be founded on any basis other than heterosexual marriage. Under modern conditions, I think you would have to add ‘monogamous,’ too.” He does not believe that governments should attempt to regulate or constrain homosexuality, but neither should governments attempt to put an end to private discrimination against homosexuals. He says much the same about nonwhite races, inasmuch as while governments should not themselves discriminate, they should not intervene in private discrimination. (Kevin Holtsberry 11/18/2003)

Peter Bergen.Peter Bergen. [Source: Peter Bergen]Author and former war correspondent Peter Bergen writes that in the run-up to the Iraq war, most Americans believed wholeheartedly that Saddam Hussein and Iraq were behind the 9/11 attacks. Bergen writes: “[T]he belief that Saddam posed an imminent threat to the United States amounted to a theological conviction within the administration, a conviction successfully sold to the American public. So it’s fair to ask: Where did this faith come from?” One source is the American Enterprise Institute (AEI), a neoconservative think tank who has placed many of its fellows in the Bush administration, including Paul Wolfowitz, Richard Perle, and John Bolton. But, Bergen notes, none of the AEI analysts and writers are experts on either Iraq or the Middle East. None have ever served in the region. And most actual Middle East experts both in and out of government don’t believe that Iraq had any connection to the 9/11 attacks. The impetus for the belief in a 9/11-Iraq connection in part comes from neoconservative academic Laurie Mylroie.
Mylroie Supplies Neoconservatives with Desired Rationale - A noted author with an impressive academic resume, Mylroie, Bergen writes, “was an apologist for Saddam’s regime, but reversed her position upon his invasion of Kuwait in 1990, and, with the zeal of the academic spurned, became rabidly anti-Saddam.” In 1993, Mylroie decided that Saddam Hussein was behind the World Trade Center bombings, and made her case in a 2000 AEI-published book, Study of Revenge: Saddam Hussein’s Unfinished War Against America (see October 2000). Mylroie’s message was evidently quite popular with AEI’s neoconservatives. In her book, Mylroie blamed every terrorist event of the decade on Hussein, from the 1993 WTC bombings (a theory Bergen calls “risible”) to the 1996 crash of TWA Flight 800 into Long Island Sound (see July 17, 1996-September 1996), the 1998 embassy bombings in Tanzania and Kenya (see 10:35-10:39 a.m., August 7, 1998), the 2000 attack on the USS Cole (see October 12, 2000), and even the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Bergen calls her a “crackpot,” and notes that it “would not be significant if she were merely advising say, [conservative conspiracy theorist] Lyndon LaRouche. But her neocon friends who went on to run the war in Iraq believed her theories, bringing her on as a consultant at the Pentagon, and they seem to continue to entertain her eccentric belief that Saddam is the fount of the entire shadow war against America.”
Complete Discrediting - Bergen, after detailing how Mylroie ignored conclusive evidence that both the 1993 and 9/11 attacks were planned by al-Qaeda terrorists and not Saddam Hussein, quotes former CIA counterterrorism chief Vincent Cannistraro, who says Mylroie “has an obsession with Iraq and trying to link Saddam to global terrorism.” Cannistraro is joined by author and former CIA analyst Ken Pollack; Mary Jo White, the US attorney who prosecuted the 1993 WTC bombings and 1998 embassy attacks; and Neil Herman, the FBI official who headed the 1993 WTC investigation, who all dismiss Mylroie’s theories as absolutely baseless and thoroughly disproven by the evidence.
Belief or Convenience? - Apparently such thorough debunking did not matter to the AEI neoconservatives. Bergen writes that they were “formulating an alternative vision of US foreign policy to challenge what they saw as the feckless and weak policies of the Clinton administration. Mylroie’s research and expertise on Iraq complemented the big-think strategizing of the neocons, and a symbiotic relationship developed between them.” Whether the neoconservatives actually believed Mylroie’s work, or if “her findings simply fit conveniently into their own desire to overthrow Saddam,” Bergen isn’t sure. Perle later backed off of supporting Mylroie’s theories, calling them less than convincing and downplaying her role in developing arguments for overthrowing Hussein even as he suggests she should be placed in a position of power at the CIA. It is known that after 9/11, former CIA Director James Woolsey, a prominent neoconservative, went to Britain to investigate some of Mylroie’s claims (see Mid-September-October 2001). And in September 2003, Vice President Cheney called Iraq “the geographic base of the terrorists who have had us under assault for many years, but most especially on 9/11,” an echoing of Mylroie’s own theories. Mylroie’s latest book, Bush vs. the Beltway: How the CIA and the State Department Tried to Stop the War on Terror, accuses those agencies of suppressing information about Iraq’s role in 9/11, again contradicting all known intelligence and plain common sense (see July 2003).
Zeitgeist - Bergen concludes that in part because of Mylroie’s theories and their promulgation by Bush, Cheney, and prominent neoconservatives in and out of the administration, the US has been led into a disastrous war while 70 percent of Americans believe that Hussein had a role in the 9/11 attacks. “[H]er specious theories of Iraq’s involvement in anti-American terrorism have now become part of the American zeitgeist.” Perhaps the most telling statement from Mylroie comes from a recent interview in Newsweek, where she said: “I take satisfaction that we went to war with Iraq and got rid of Saddam Hussein. The rest is details.” Bergen retorts sourly, “Now she tells us.” (Bergen 12/2003; Unger 2007, pp. 216)

The Supreme Court rules in the case of McConnell v. Federal Election Commission. The case addresses limitations on so-called “soft money,” or contributions to a political party not designated specifically for supporting a single candidate, that were imposed by the Bipartisan Campaign Reform Act of 2002 (BCRA), often known as the McCain-Feingold law after its two Senate sponsors (see March 27, 2002). A three-judge panel has already struck down some of McCain-Feingold’s restrictions on soft-money donations, a ruling that was stayed until the Court could weigh in. Generally, the Court rules that the “soft money” ban does not exceed Congress’s authority to regulate elections, and does not violate the First Amendment’s free speech clause. The ruling is a 5-4 split, with the majority opinion written by liberal Justice John Paul Stevens and his conservative colleague Sandra Day O’Connor. The opinion finds that the “minimal” restrictions on free speech are outweighed by the government’s interest in preventing “both the actual corruption threatened by large financial contributions and… the appearance of corruption” that might result from those contributions. “Money, like water, will always find an outlet,” the justices write, and the government must take steps to prevent corporate donors from finding ways to subvert the contribution limits. The majority is joined by liberal justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter, and the four other conservatives on the court—Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas—dissent. (Legal Information Institute 12/2003; Oyez (.org) 2011) The case represents the consolidation of 11 separate lawsuits brought by members of Congress, political parties, unions, and advocacy groups; it is named for Senator Mitch McConnell, who sued the FEC on March 27, 2002, the same day the bill was signed into law. Due to the legal controversy expected to be generated by the law and the need to settle it prior to the next federal election, a provision was included in the BCRA that provided for the case to be heard first by a special three-judge panel and then appealed directly to the Supreme Court. This District of Columbia district court panel, comprised of two district court judges and one circuit court judge, was inundated with numerous amicus briefs, almost 1,700 pages of related briefs, and over 100,000 pages of witness testimony. The panel upheld the BCRA’s near-absolute ban on the usage of soft money in federal elections, and the Supreme Court agrees with that finding. However, the Court reverses some of the BCRA’s limitations on the usage of soft money for “generic party activities” such as voter registration and voter identification. The district court overturned the BCRA’s primary definition of “noncandidate expenditures,” but upheld the “backup” definition as provided by the law. Both courts allow the restrictions on corporate and union donations to stand, as well as the exception for nonprofit corporations. The Court upholds much of the BCRA’s provisions on disclosure and coordinated expenditures. The lower court rejected the so-called “millionaire provisions,” a rejection the Supreme Court upholds. A provision banning contributions by minors was overturned by the lower court, and the Court concurs. The lower court found the provision requiring broadcasters to collect and disclose records of broadcast time purchased for political activities unconstitutional, but the Court disagrees and reinstates the requirement. (Legal Information Institute 12/2003) McConnell had asked lawyer James Bopp Jr., a veteran of anti-campaign finance lawsuits and the head of McConnell’s James Madison Center for Free Speech, to take part in the legal efforts of the McConnell case. However, before the case appeared before the Supreme Court, McConnell dropped Bopp from the legal team due to a dispute over tactics. (Kirkpatrick 1/25/2010) The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).

Judith Regan (left) and Roger Ailes.Judith Regan (left) and Roger Ailes. [Source: Business Insider]Roger Ailes, a powerful Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988) and the founder and chairman of Fox News (see October 7, 1996), becomes embroiled in a legal conflict involving former New York Police Commissioner Bernard Kerik and his mistress, Judith Regan, a book editor for another arm of Fox News’s parent company News Corporation (NewsCorp). Ailes learns that Kerik has commandeered an apartment overlooking the site of the devastated World Trade Center, intended for the use of rescue and recovery workers, as a “love nest” for his trysts with Regan. Ailes is a close friend and political ally of former New York Mayor Rudolph Giuliani, who recommended Kerik to head the Department of Homeland Security. Kerik is already being pilloried in the press for a number of other ethical and perhaps even criminal activities, and is being vetted for the DHS slot. Ailes and Giuliani do not want the Kerik-Regan affair, and the commandeered apartment, to come to the public’s notice. Court documents later say that Ailes “told Regan that he believed she had information about Kerik that, if disclosed, would harm Giuliani’s presidential campaign.” Ailes “advised Regan to lie to, and to withhold information from, [federal] investigators concerning Kerik.” The attempted cover-up will later be brought to light when NewsCorp fires Regan in 2006, and she brings a wrongful-termination suit that secures a $10.75 million settlement. Regan will not identify Ailes by name, only as a “senior executive” for NewsCorp, but other documents accidentally made public will reveal Ailes’s identity. Reportedly, Regan has her telephone conversations with Ailes on tape. NewsCorp will later claim that Regan has sent it a letter stating that “Mr. Ailes did not intend to influence her with respect to a government investigation.” Regan’s lawyer will say that NewsCorp’s claim does not reflect the entirety of Regan’s letter. Kerik himself will withdraw his name from consideration, and will later be sentenced to four years in prison for tax fraud. (Chait 2/24/2011; Martinez 2/24/2011; Buettner 2/25/2011; Sherman 5/22/2011)

Police photo of Tom DeLay, after his 2005 indictment on election fraud charges.Police photo of Tom DeLay, after his 2005 indictment on election fraud charges. [Source: Mug Shot Alley]The co-founder and editor of the American Prospect, Robert Kuttner, subjects the 2002 House of Representatives to scrutiny, and concludes that under the rule of House Majority Leader Tom DeLay (R-TX), it is well on its way to becoming what he calls a “dictatorship.” Kuttner writes that such authoritarian rule in “the people’s chamber” of Congress puts the US “at risk of becoming an autocracy.” He explains: “First, Republican parliamentary gimmickry has emasculated legislative opposition in the House of Representatives (the Senate has other problems). [DeLay] has both intimidated moderate Republicans and reduced the minority party to window dressing.… Second, electoral rules have been rigged to make it increasingly difficult for the incumbent party to be ejected by the voters, absent a Depression-scale disaster, Watergate-class scandal, or Teddy Roosevelt-style ruling party split.… Third, the federal courts, which have slowed some executive branch efforts to destroy liberties, will be a complete rubber stamp if the right wins one more presidential election. Taken together, these several forces could well enable the Republicans to become the permanent party of autocratic government for at least a generation.” Kuttner elaborates on his rather sweeping warnings.
Legislative Dictatorship - The House, and to a lesser extent the Senate, used to have what was called a “de facto four-party system”: liberal Democrats; Southern “Dixiecrats” who, while maintaining their membership as Democrats largely due to lingering resentment of Republicans dating back to the Civil War, often vote with Republicans; conservative Republicans; and moderate-to-liberal “gypsy moth” Republicans, who might vote with either party. Rarely did one of the four elements gain long-term control of the House. Because of what Kuttner calls “shifting coalitions and weak party discipline,” the majority party was relatively respectful of the minority, with the minority free to call witnesses in hearings and offer amendments to legislation. In the House, that is no longer true. While the House leadership began centralizing under House Speaker Jim Wright (D-TX) between 1987 and 1989, the real coalescence of power began under Speaker Newt Gingrich (R-GA) between 1995 and 1999. The process, Kuttner asserts, has radically accelerated under DeLay and Speaker Dennis Hastert (R-IL).
Centralized Legislation - Under current practices, even most Republicans do not, as a rule, write legislation—that comes from DeLay and Hastert. Drastic revisions to bills are often rammed through late in the evening, with little or no debate. The Republican leadership has classified legislation as “emergency” measures 57 percent of the time, allowing them to be voted on with as little as 30 minutes of debate. Kuttner writes, “On several measures, members literally did not know what they were voting for.” Legislation written and proposed by Democrats rarely gets to the floor for debate. Amendments to legislation is also constrained, almost always coming from Hastert and DeLay. “[V]irtually all major bills now come to the floor with rules prohibiting amendments.” DeLay enforces rigid party loyalty, threatening Republican members who resist voting for the leadership’s bills with loss of committee assignments and critical campaign funds, and in some circumstances with DeLay’s sponsoring primary opponents to unseat the uncooperative member in the next election.
Democrats Shut out of Conferences - In the House, so-called “conference committees,” where members work to reconcile House and Senate versions of legislation, have become in essence one-party affairs. Only Democrats who might support the Republican version of the bill are allowed to attend. The conference committee then sends a non-amendable bill to the floor for a final vote.
No Hearings - The general assumption is that House members debate bills, sometimes to exhaustion, on the chamber floor. No more. Before DeLay, bills were almost never written in conference committees. Now, major legislation is often written in conference committee; House members often never see the legislation until it has been written in final, non-amendable form by DeLay and his chosen colleagues.
Abuse of Appropriations - Appropriations, or funding of events authorized by legislation, are ripe for use and misuse by the one-party leadership. Many appropriations bills must pass in order for Congress or other entities of the government to continue functioning. While “earmarks”—“pork-barrel” appropriations for individual members’ pet projects and such—are nothing new, under Gingrich and later Hastert/DeLay, the use of earmarks has skyrocketed. Huge earmarks are now routinely attached to mandatory appropriations bills. DeLay has perfected a technique known as “catch and release.” On close pending votes, the House Republican Whip Organization, made up of dozens of regional whips, will target the small but critical number of Republicans who might oppose the legislation. Head counts are taken; as members register (and change) their votes, some are forced to vote against their consciences (or their constituents) and others are allowed to vote no. Kuttner writes, “Basically, Republican moderates are allowed to take turns voting against bills they either oppose on principle or know to be unpopular in their districts.” This allows the member to save at least some face with their constituents. Under Wright, Republican members such as then-Representative Dick Cheney (R-WY) were outraged when Wright held a vote open for 15 minutes after voting was to end; Cheney called it “the most arrogant, heavy-handed abuse of power I’ve ever seen in the 10 years that I’ve been here.” It is not unusual for DeLay to hold votes open for up to three hours to get recalcitrant members in line. (Kuttner 2/1/2004) In 2006, author John Dean will note that when the Republicans took control of the House in 1999, there were 1,439 earmarks in that year’s legislation. By the end of 2005, “there were a staggering 13,998 earmarked expenses, costing $27.3 billion.” Dean will write, “Needless to say, there is nothing conservative in those fiscal actions but there is much that is authoritarian about the wanton spending by those Republicans.” (Dean 2006)
Lack of Opposition - Kuttner notes that Congressional Democrats have not mounted a systematic, organized denunciation of the DeLay operation. Kuttner believes that many Democrats believe voters are uninterested in what they call “process issues,” and that voters will dismiss complaints as “inside baseball,” of little relevance to their lives. Worse, such complaints “make… us look weak,” as one senior House staffer says. Kuttner writes that many Democrats believe such complaints sound “like losers whining.”
Permanent Republican Majority - If DeLay and his confreres in the White House have their way, there will be, in essence, a permanent Republican majority in the House and hopefully in the Senate as well. Bill Clinton routinely practiced what he called bipartisan “triangulation,” building ad hoc coalitions of Democrats and Republicans to pass his legislative initiatives, and in the process weakening the Democratic leadership. Kuttner writes, “Bush’s presidency, by contrast, has produced a near parliamentary government, based on intense party discipline both within Congress and between Congress and the White House.” Republicans have been busy reworking the district maps of various key states to ensure that Republicans keep their majorities, concentrating perceived Democratic voters to have overwhelming majorities in a few districts, and leaving the Republicans holding smaller majorities in the rest. Both parties have been guilty of such “gerrymandering” in the past, but with DeLay’s recent “super-gerrymandering” of his home state of Texas, the Republican makeup of the Texas House delegation is all but assured. DeLay and other House Republicans are working to redistrict other states in similar fashions. As of the 2004 midterm elections, of the 435 House seats, only around 25 are considered effectively contestable—over 90 percent of the House seats are “safe.” Democrats would have to win a disproportionate, and unlikely, number of those “swing” seats to take back control of the House. Kuttner writes: “The country may be narrowly divided, but precious few citizens can make their votes for Congress count. A slender majority, defying gravity (and democracy), is producing not moderation but a shift to the extremes.”
Control of Voting - Kuttner cites the advent of electronic voting machines and the Help America Vote Act (HAVA) as two reasons why Republicans will continue to have advantages at the voting booth. The three biggest manufacturers of electronic voting machines have deep financial ties to the Republican Party, and have joined with Republicans in opposing a so-called “verifiable paper trail” that could prove miscounts and possible fraudulent results. HAVA, written in response to the 2000 Florida debacle, requires that voters show government-issued IDs to be allowed to vote, a provision that Kuttner says is ripe for use in Republican voter-intimidation schemes. Republicans “have a long and sordid history of ‘ballot security’ programs intended to intimidate minority voters by threatening them with criminal prosecution if their papers are not technically in order,” he writes. “Many civil rights groups see the new federal ID provision of HAVA as an invitation to more such harassment.” The only recourse that voters have to such harassment is to file complaints with the Department of Justice, which, under the aegis of Attorney General John Ashcroft, has discouraged investigation of such claims.
Compliant Court System - Increasingly, federal courts with Republican-appointed judges on the bench have worked closely with Republicans in Congress and the White House to issue rulings favorable to the ruling party. Kuttner notes that if President Bush is re-elected: “a Republican president will have controlled judicial appointments for 20 of the 28 years from 1981 to 2008. And Bush, in contrast to both his father and Clinton, is appointing increasingly extremist judges. By the end of a second term, he would likely have appointed at least three more Supreme Court justices in the mold of Antonin Scalia and Clarence Thomas, and locked in militantly conservative majorities in every federal appellate circuit.” The Supreme Court is already close to becoming “a partisan rubber stamp for contested elections,” Kuttner writes; several more justices in the mold of Justices Antonin Scalia (see September 26, 1986) and Clarence Thomas (see October 13, 1991) would, Kuttner writes, “narrow rights and liberties, including the rights of criminal suspects, the right to vote, disability rights, and sexual privacy and reproductive choice. It would countenance an unprecedented expansion of police powers, and a reversal of the protection of the rights of women, gays, and racial, religious, and ethnic minorities. [It would] overturn countless protections of the environment, workers and consumers, as well as weaken guarantees of the separation of church and state, privacy, and the right of states or Congress to regulate in the public interest.” (Kuttner 2/1/2004)

The prosecutors in the trial of Oklahoma City bombing conspirator Terry Nichols (see May 13, 2003) turn down a plea deal offered by Nichols’s lawyers. Nichols reportedly offered to plead no contest to 161 charges of first-degree murder if prosecutors drop their attempt to seek the death penalty. (New York Times 2/18/2004; The Oklahoman 4/2009)

A cardboard box delivered to the Scottsdale, Arizona, Office of Diversity and Dialogue explodes when the office director, Donald Logan, opens it. He suffers severe burns and lacerations from the blast. His assistant, Renita Linyard, is also severely injured, and office staffer Jacque Bell suffers lesser injuries. Scottsdale police quickly call for help from the US Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF), and veteran BATF special agent Tristan Moreland heads the investigation. Moreland believes that Logan, an African-American federal employee, was targeted for his job and his race. Moreland begins looking at white supremacist groups in the area. He learns that a national gathering of supremacists, neo-Nazis, and Ku Klux Klan (KKK) members took place a few months earlier in a park outside Scottsdale, an event called Aryanfest 2004. Two supremacists in attendance, Dennis Mahon (see 1973 and After, August 1994 - March 1995, November 1994, and February 9, 1996 and After) and Tom Metzger (see 1981 and After), attract Moreland’s particular attention. Mahon bragged at Aryanfest about his connection to Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and Metzger is well known for his advocacy of “lone wolf” style attacks such as McVeigh’s, where individuals launch attacks without the overt backing or involvement of actual organizations. Metzger heads a white supremacist organization called White Aryan Resistance (WAR) and Mahon is a member of that organization. (WAR will later change its name to The Insurgent.) Metzger and Mahon have been friends for decades. Moreover, Mahon had left a voice message at the Scottsdale diversity office months before about the city’s upcoming Hispanic heritage week, a message virulent enough in its hatred and implied threat of violence to attract the attention of law enforcement authorities (see October 2003). Moreland decides to investigate Mahon and Metzger further, and the BATF learns that Mahon and his twin brother Daniel had been living in a trailer park in Tempe, Arizona, before the bombing. They left the area shortly after, moving to a trailer park in Catoosa, Oklahoma. Unwilling to allow the investigation to stall, Moreland decides to find a willing confidential informant to go to Catoosa and get close to Mahon. The subsequent investigation elicits evidence that Mahon and Metzger were involved in the Scottsdale bombing and other attacks as well (see January 26, 2005 and After). (Martin 1/10/2012)

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

Sam Francis, a white supremacist and syndicated columnist (see September 1995), excoriates President Bush’s “pretense” of support for a constitutional amendment outlawing gay marriage. Bush, Francis writes, “fooled most conservatives once in 2000. What he is doing now is trying to fool them again.” Republicans will never force any such amendment through, Francis writes, nor do they truly wish to. “Why do conservatives propose them or endorse them?” he asks. “Republicans peddle this constant stream of amendments because they know very well they will never go anywhere, that they will never be called on to vote on them or work for them, and that in the meantime the grassroots constituents who demand them will be placated by the simple rhetoric that ‘endorses’ or supports them. Amending the Constitution to correct flaws conservative politicians are unwilling to confront in serious ways is a cheap and easy way to make everybody happy and make sure nothing is done.” Francis is staunchly in favor of such an amendment, writing: “In the case of homosexual ‘marriages,’ I have no problem in refusing to recognize them as real or legal. Persons of the same sex can no more marry each other than dogs and cats can become congressmen, but since the whole purpose of the movement for ‘gay marriage’ is to subvert cultural institutions and normalize the abnormal, there’s not much point in arguing about it. Either you get it and oppose ‘gay marriage’ or you don’t and support it.” Instead of trying and failing to amend the Constitution, Francis writes that Congress should use the Constitution to limit the powers of the federal courts and thereby “forbid the [Supreme] Court even to hear, much less rule on, let us say, cases involving the marriage of persons of the same sex. Or cases involving capital punishment. Or cases involving flag burning. Or cases involving whatever the Congress decides to forbid the Nameless Nine from spending their vast intellectual resources and spiritual energies upon. With a stroke of the Congressional pen, ‘judicial activism’ could be ended, and it could have been ended decades ago, had conservatives been at all serious about what they claim to be serious about. If Congress ever did use its powers to curtail judicial misrule, the judges would get the message, and those who didn’t would find themselves in trouble.” Francis’s columns are provided to a national audience by Creators Syndicate. (Francis 3/1/2004)

Clips of Thompson, Bush included in VNRs provided to local TV stations.Clips of Thompson, Bush included in VNRs provided to local TV stations. [Source: New York Times]New York Times reporter Robert Pear discovers that the Bush administration has employed two fake “reporters,” Karen Ryan and Alberto Garcia, who have appeared in administration-produced television “news” segments—“video news releases,” or VNRs—designed to promote the administration’s new Medicare prescription-drug policies. (Garcia primarily appeared in Spanish-language Medicare VNRs.) HHS had budgeted $124 million for the fake news segments, more than most real news organizations can provide. The segments are under investigation by the General Accounting Office (GAO) for possible violation of government statutes prohibiting the use of federal money to produce propaganda or partisan presentations. The Secretary for Health and Human Services (HHS), Tommy Thompson, appears in one of the segments, saying, “This is going to be the same Medicare system only with new benefits, more choices, more opportunities for enhanced benefits.” Several others show a crowd giving President Bush a standing ovation as he signs the new Medicare bill into law. Another segment shows a pharmacist talking to an elderly customer. The pharmacist says the new law “helps you better afford your medications,” and the customer says, “It sounds like a good idea.” The pharmacist agrees, “A very good idea.” The segments, professionally produced and ending with tag lines such as “In Washington, I’m Karen Ryan reporting,” were regularly aired by at least 50 local television news broadcasts in 40 cities around the country. The government also provides scripts that can be used by local news anchors to introduce, or “walk up,” the VNRs. One script suggested that anchors read the following: “In December, President Bush signed into law the first-ever prescription drug benefit for people with Medicare. Since then, there have been a lot of questions about how the law will help older Americans and people with disabilities. Reporter Karen Ryan helps sort through the details.” A VNR is then broadcast explaining how the new law benefits Medicare recipients.
'Infoganda' - Ryan is a freelance journalist, the administration claims, and using her for such fake news segments is perfectly acceptable. But cursory investigation reveals that she was once a freelance reporter, but has for years worked as a public relations consultant. Her most recent assignments include appearing in marketing videos and “infomercials” promoting a variety of pharmaceutical products, including the popular drugs FloMist and Excedrin. Perhaps the most telling reaction is from Comedy Central’s comedy-news program The Daily Show, where host Jon Stewart can’t seem to decide whether to be outraged or flattered by what Rich calls “government propaganda imitating his satiric art.” (Daily Show member Rob Corddry calls the HHS videos “infoganda.”) Administration officials also insist that the VNRs are real, objective news releases, but the company that produced the segments, Home Front Communications, confirms that it had hired Ryan to read a script prepared by government officials. The VNRs give a toll-free phone number for beneficiaries to call. To obtain recorded information about prescription drug benefits, the caller must speak the words, “Medicare improvement.” The Columbia Journalism Review writes, “The ‘reports’ were nothing more than a free advertisement for the legislation, posing as news.”
Legal? - GAO lawyers say that their initial investigations found that other fliers and advertisements disseminated by HHS to promote the new Medicare policies are legal, though they display “notable omissions and other weaknesses.” Administration officials claim the VNRs are also a legal, effective way to educate Medicare beneficiaries. The GAO is still investigating the VNRs. GAO investigators believe that they might violate the law in at least one aspect: misleading viewers by concealing their government origins. Federal law expressly forbids the use of federal money for “publicity or propaganda purposes” not authorized by Congress. Earlier investigations have found government-disseminated editorials and newspaper articles illegal if they did not identify themselves as coming from government officials. The GAO will find that the VNRs break two federal laws forbidding the use of federal money to produce propaganda (see May 19, 2004).
'Common Practice' - HHS spokesman Kevin Keane says the VNRs are well within legal guidelines; their only purpose, he says, is to inform citizens about changes in Medicare. “The use of video news releases is a common, routine practice in government and the private sector,” he says. “Anyone who has questions about this practice needs to do some research on modern public information tools.” Congressional Democrats disagree with Keane. “These materials are even more disturbing than the Medicare flier and advertisements,” says Senator Frank Lautenberg (D-NJ). “The distribution of these videos is a covert attempt to manipulate the press.” Lautenberg, fellow Senator Edward Kennedy (D-MA), and seven other members of Congress requested the GAO investigation. Keane is correct in one aspect: businesses have distributed VNRs to news stations as well as internally for years, and the pharmaceutical industry has been particularly successful in getting marketing videos that appear as “medical news” or “medical features” aired on local and even national news broadcasts. And government agencies have for years released informational films and videos on subjects such as teenage smoking and the dangers of using steroids. Bill Kovach, chairman of the Committee of Concerned Journalists, says HHS’s VNRs have gone far beyond what the government has previously provided. “Those to me are just the next thing to fraud,” he says. “It’s running a paid advertisement in the heart of a news program.” (Pear 3/15/2004; McDermott 3/15/2004; Rich 2006, pp. 164)
Media Responsibility - The Columbia Journalism Review’s Bill McDermott writes: “[F]or our money, the villains here aren’t the clever flacks at HHS—they’re supposed to be masters of deception. Nope, the dunce hats go to the local TV station editors willing to slap onto the air any video that drops in over the transom.” (McDermott 3/15/2004) Ryan is relatively insouciant about the controversy. “Stations are lazy,” she says. “If these things didn’t work, then the companies would stop putting them out.” (Pittsburgh Post-Gazette 3/20/2004)

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

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

A courtroom illustration of Matthew Hale listening to instructions from Judge John Moody.A courtroom illustration of Matthew Hale listening to instructions from Judge John Moody. [Source: Verna Sadock / Getty Images]Matthew Hale, the leader of the World Church of the Creator (WCOTC—see May 1996 and After), is convicted of one count of solicitation of murder and three counts of obstruction of justice in regards to his attempt to solicit the murder of a judge (see January 9, 2003). Hale never testified on his own behalf. Defense counsel Thomas Anthony Durkin called no witnesses, saying the prosecution’s evidence was the weakest he had seen in a major case, arguing that Hale was set up by an FBI informant. Durkin says he will appeal, and will prove that prosecutors have been “out to get Hale” because of his suspected involvement in a shooting spree by WCOTC member Benjamin Smith five years ago (see July 2-4, 1999; the jury heard audiotapes of Hale laughing about Smith’s murders and mocking the victims). US Attorney Patrick Fitzgerald, the lead prosecutor in the case, says the trial’s outcome proves “that we will not wait for the trigger to be pulled” before taking action. (Anti-Defamation League 2005; Associated Press 4/26/2005)

Speaking about the Abu Ghraib scandal (see April 28, 2004), President Bush promises a “full investigation.” In an interview with Al Arabiya, he says: “It’s important for people to understand that in a democracy, there will be a full investigation. In other words, we want to know the truth. In our country, when there’s an allegation of abuse… there will be a full investigation, and justice will be delivered.… It’s very important for people and your listeners to understand that in our country, when an issue is brought to our attention on this magnitude, we act. And we act in a way in which leaders are willing to discuss it with the media.… In other words, people want to know the truth. That stands in contrast to dictatorships. A dictator wouldn’t be answering questions about this. A dictator wouldn’t be saying that the system will be investigated and the world will see the results of the investigation.” (White House 5/5/2004) In April 2009, after significant revelations of Bush torture policies have hit the press (see April 16, 2009 and April 21, 2009), Atlantic columnist Andrew Sullivan will write: “Bush personally authorized every technique revealed at Abu Ghraib. He refused to act upon the International Committee of the Red Cross’s report that found that he had personally authorized the torture of prisoners, in violation of the Geneva Conventions and the UN Convention on Torture and domestic law against cruel and inhuman treatment. A refusal to investigate and prosecute Red Cross allegations of torture is itself a violation of the Geneva Accords.” (Sullivan 4/27/2009)

The lobbying organization Citizens United (CU) runs a television advertisement featuring the father of a firefighter killed in the aftermath of the 9/11 attacks. The father, Jimmy Boyle, says in the ad: “On September 11, terrorists murdered nearly 3,000 Americans, including 346 firefighters, one of which was my son, Michael. I lost my son. I spoke to him that day. He went to work that morning, and he had died for a reason: because somebody hates America. And that day, George Bush became a leader, a war president.” CU is spending $100,000 to run the ad for a week in Ohio, Pennsylvania, West Virginia, Wisconsin, and Washington, DC. CU is led by Republican political operative David Bossie (see May 1998). (Edsall 5/11/2004; Media Matters 5/11/2004)

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

Sam Francis, a white supremacist and syndicated columnist (see September 1995), marks the 50th anniversary of the landmark civil rights case Brown v. Board of Education by calling it “the most dangerous and destructive Supreme Court decision in American history.” Francis blames the decision for giving the Supreme Court the impetus to “gut… state and local law enforcement powers” (referring to the 1966 Miranda v. Arizona ruling that gave suspects basic rights after being arrested), “ban… school prayer,” weaken laws “against sedition and obscenity,” overturn death penalty statutes and “laws governing sexual morals,” and legalize abortion. “This is merely a partial list of the tyranny the Court has succeeded in creating because the American people allowed it to get away with Brown,” he writes. The decision is uniformly disastrous, he continues, with no “merits in law” to justify its existence. The Constitution never intended for children of different races to go to school together, Francis writes, and therefore the Supreme Court should never have ruled that schools should be desegregated. Moreover, he writes, school segregation actually promotes the academic success of African-American children. “By cramming through a legally groundless ruling that authorized the federal engineering of American society, Brown alienated Southern whites for at least a generation, wrecked public education, and helped revolutionize both cities and suburbs,” he concludes. “Today, schools once entirely white because of segregation laws are entirely black because of Brown. The white middle class exodus has meant the domination of cities by a black underclass, the crooks and demagogues it puts in office, and the financial and social devastation of American urban life.” Francis’s columns are provided to a national audience by Creators Syndicate. (Francis 5/17/2004)

Conservative radio host Michael Savage marks the 50th anniversary of the historic civil rights case Brown v. Board of Education by saying, “Everything about [the case] is sickening.” Savage criticizes President Bush for “trying to outmaneuver [Democratic presidential candidate John] Kerry on the race issue” by being photographed “hugging people of color” at a church in Birmingham, Alabama. Savage calls the idea that there is racism in America “left-wing brainwashing.… [W]hat, racism still exists? Well okay, where does it still exist? Can you tell me of some minority here who can’t get ahead in this country if he’s smart, or she’s smart, and she pushes, as much as a white person?… In fact they’re given priority treatment everywhere, you know that.” Savage calls a recent claim by Kerry that schools remain underfunded and divided by income “rubbish, pure rubbish,” and implies that African-American children will perform at lower levels than their white counterparts no matter how equal funding is: “I can show you one minority school after another, with more funding per capita than surrounding, suburban white schools, and the kids still do badly. Okay? Take that—put that in your pipe and smoke it, and go explain it to yourself, because I know the reasons why.” (Media Matters 5/21/2004)

The General Accounting Office (GAO) finds that the Bush administration broke two federal laws as part of its publicity campaign to promote its new Medicare prescription drug policies. The Department of Health and Human Services (HHS) illegally spent federal monies on what amounts to covert propaganda in producing and distributing “video news releases,” or VNRs, to local television news broadcasters around the country that were designed to look like objective news reports (see March 15, 2004). The GAO findings do not carry legal weight, because the GAO acts as an adviser to Congress. The viewers in the more than 40 cities who saw the reports did not know they were watching government-produced videos anchored by public relations “flacks” paid by HHS who were not real reporters. The VNRs have only fueled criticism of the Medicare prescription drug coverage program, which gives private health care firms and prescription drug companies a much larger role in providing and setting prices for Medicare recipients’ prescriptions. Democrats have long insisted that the law cripples Medicare beneficiaries’ ability to receive low-cost prescriptions in favor of funneling Medicare dollars into the pharmaceutical companies’ coffers; with the GAO findings, Democrats now say that the government used illegal propaganda tactics to “sell” the citizenry on the new program. The administration has already admitted that the program will cost hundreds of billions of dollars more than originally claimed. Democratic presidential candidate John Kerry (D-MA) calls the videos “another example of how this White House has misrepresented its Medicare plan.” Kerry’s Senate colleague, Edward Kennedy (D-MA), says: “The new GAO opinion is yet another indictment of the deception and dishonesty that has become business as usual for the Bush administration. It was bad enough to conceal the cost of the Medicare drug bill from the Congress and the American people. It is worse to use Medicare funds for illegal propaganda to try to turn this lemon of a bill into lemonade for the Bush campaign.” The Bush administration continues to insist that the VNR program is legal. “GAO opinions are not binding on the executive branch. That’s an opinion of the GAO. We don’t agree,” says HHS spokesman Bill Pierce, who justifies the VNR usage by pointing to their ubiquitous usage in corporate settings. Asked if he understands that a viewer might be angry at being led to believe that the VNRs were real news stories, Pierce replies, “If I’m a viewer, I’d be angry at my television station.” (Goldstein 5/20/2004; Kemper 5/20/2004)

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

CNN announces that conservative pundit Dinesh D’Souza is a new political analyst for the network. D’Souza became active in conservative politics and punditry as an editor of the Dartmouth Review in the early 1980s, where he authored and published numerous inflammatory articles reviling, among others, blacks, Jews, and gays (see 1981, March 15, 1982, October 1982, and 1983). From Dartmouth, D’Souza went to the White House, where he served as a senior domestic policy analyst in the Reagan administration. He has served as a fellow at the American Enterprise Institute and the Hoover Institution, and published a number of books, including 1995’s inflammatory The End of Racism, which progressive media watchdog organization Media Matters described as advancing the idea that “low-income black people are basically ‘pathological’ and that white racism really isn’t racism at all, just a logical response to this ‘pathology.’” D’Souza’s Web site “argues that the American obsession with race is fueled by a civil rights establishment that has a vested interest in perpetuating black dependency”; in a 1995 Wall Street Journal op-ed, he argued that “[t]he best way for African-Americans to save private sector affirmative action may be to repeal the Civil Rights Act of 1964.” Two African-American conservatives, Glenn Loury and Robert Woodson, resigned from AEI after the publication of The End of Racism and another racially objectionable book, The Bell Curve, by AEI fellow Charles Murray. (Media Matters 6/8/2004)

A Pew Center for the People and the Press study finds that 35 percent of Republicans consistently watch Fox News, while 21 percent of Democrats do so. Fox has experienced the largest increase in viewers, and 52 percent of its audience defines itself as conservative. In general, Republicans consider Fox the most reliable broadcast news outlet, while Democrats consider it the least reliable. Overall, trust in mainstream news outlets, from CNN and ABC to the Wall Street Journal and the New York Times, has declined sharply since 2000. The biggest rise is in the number of news consumers who get their news from online, i.e. Internet, sources. (Pew Center for the People and the Press 6/8/2004; Jamieson and Cappella 2008, pp. 237)

The conservative lobbying and advocacy group Citizens United (CU) attempts to rebut a 60 Minutes appearance by former President Bill Clinton by buying television time to accuse Clinton of leaving the US unprepared for the 9/11 attacks. Clinton appears on the CBS newsmagazine to discuss his upcoming autobiography, My Life. In the book, Clinton says that CU president David Bossie (see May 1998) helped to create the Whitewater scandal that plagued his second presidential term and led to his impeachment by the Republican-led House of Representatives. Bossie has published a book, Intelligence Failure, blaming the Clinton administration for leaving the country vulnerable to the 9/11 attacks. Bossie recently told an interviewer that he has been working on “uncovering the truth” about the Clinton administration for a decade. “I am going to make sure people remember the facts, not just what he wants people to remember,” he said. Bossie’s organization runs a commercial in several markets listing a number of terrorist attacks during Clinton’s two terms, and accusing Clinton of leaving the nation unprepared for the 9/11 assault. The CU refutation is just one of a number of conservative attacks on Clinton over his book, possibly because Clinton shows signs of being willing to join Democratic presidential candidate John Kerry (D-MA) on the campaign trail. A number of conservatives are advising the Kerry campaign to keep its distance from Clinton. (Kirkpatrick and Seelye 6/21/2004)

Fahrenheit 9/11 movie poster.
Fahrenheit 9/11 movie poster. [Source: Lions Gate Films]Fahrenheit 9/11, a film by well-known documentarian and author Michael Moore, is released in the US. Amongst other things, this film reveals connections between the Bush family and prominent Saudis including the bin Laden family. (Wald 5/6/2004; Wood 5/17/2004; Zerbisias 6/13/2004) It reviews evidence the White House helped members of Osama bin Laden’s family and other Saudis fly out of the US in the days soon after 9/11. (Wood 5/17/2004; Zerbisias 6/13/2004; Schmitt and Lichtblau 6/18/2004; McDermott 6/23/2004; Isikoff and Hosenball 6/30/2004) It introduces to the mainstream damning footage of President Bush continuing with a photo-op for seven minutes (see (9:07 a.m.) September 11, 2001) after being told of the second plane hitting the WTC on 9/11. (Schmitt and Lichtblau 6/18/2004; Achenbach 6/19/2004; Klaidman and Hirsh 6/20/2004; McDermott 6/23/2004) Disney refused to let its Miramax division distribute the movie in the United States, supposedly because the film was thought too partisan. (Wald 5/6/2004; Guardian 6/2/2004; Finnegan 6/11/2004; Agence France-Presse 6/23/2004) The film won the top award at the prestigious Cannes Film Festival—the first documentary to do so in nearly 50 years. (BBC 5/24/2004; Barkham 5/24/2004; Agence France-Presse 6/23/2004) It is generally very well received, with most US newspapers rating it favorably. (Agence France-Presse 6/23/2004; Editor & Publisher 6/27/2004) The film is an instant hit and is seen by tens of millions. (Anderson 6/27/2004; BBC 6/28/2004; Associated Press 6/28/2004; CBS News 6/28/2004) There are some criticisms that it distorts certain facts, such as exaggerating the possible significance of Bush and bin Laden family connections, and gripes about a $1.4 billion number representing the money flowing from Saudi companies to the Bush family. However, the New York Times claims that the public record corroborates the film’s main assertions. (Wood 5/17/2004; Schmitt and Lichtblau 6/18/2004; Isikoff and Hosenball 6/30/2004) Shortly before the film’s release, the conservative organization Citizens United tried to block the film’s distribution (see June 27, 2004). The effort failed (see August 6, 2004).

David Bossie (see May 1998), the head of the conservative lobbying group Citizens United (CU), accuses liberal filmmaker Michael Moore of improper involvement in the presidential campaign of Senator John Kerry (D-MA). Moore and the production company Lions Gate have released a new documentary, Fahrenheit 9/11, that is highly critical of the Bush administration (see June 25, 2004). Bossie says the film’s commercials, airing on network and cable television, are little more than campaign commercials devised to attack President Bush and assist Kerry. One commercial shows Bush on the golf course, talking about terrorism. In the clip, Bush tells a group of reporters, “We must stop these terrorist killers,” then turns his back, hefts his golf club, and says, “Now watch this drive.” The New York Times writes that “[t]he scene is one of many featured in the film that paint the president as cavalier, cynical, and insincere in the war against terrorism.” Republicans have for the most part ignored the film until recently, when ads for the film began drawing what they consider unwarranted attention. Bossie says: “There’s only a very small percentage of Americans that are going to go and see this movie. A much larger number are going to be bombarded by these political ads run by Michael Moore, potentially all the way through the election.” CU has run ads supportive of Bush (see (May 11, 2004)). Bossie has filed a complaint with the Federal Election Commission (FEC) asking that agency to classify the film’s ads as political, and restrict their broadcast according to campaign finance law (see March 27, 2002 and December 10, 2003). The law says that if found to be political, the ads must not be aired within 30 days of the start of the Republican National Convention on August 30. Legal experts say the FEC is unlikely to rule on the complaint for months, and even if the agency finds the ads to be political, the film could qualify for an exemption from the restrictions for news and commentary. Tom Ortenberg of Lions Gate says, “If we are still running television ads [by July 30], we will make certain that they are in full compliance with any and all regulations.” If they must remove Bush from the ads to remain in compliance, Ortenberg says “we can market this film without him.” Ortenberg denies that the ads have any political agenda. (Rutenberg 6/27/2004) After Lions Gate agrees not to show ads for the film after July 30, the FEC will dismiss the complaint (see August 6, 2004).

Richard Viguerie.Richard Viguerie. [Source: PBS]Conservative marketing expert Richard Viguerie, writing with David Franke in America’s Right Turn, notes: “Conservatives will almost always defend Fox [News]‘s claim to be ‘fair and balanced,’ but they find it hard to do so without a smirk or smile on their face.… They proudly want to claim Fox as one if their own—it’s one of the movement’s great success stories” (see October 13, 2009). (Jamieson and Cappella 2008, pp. 49)

The Federal Election Commission (FEC) dismisses the complaint “Citizens United v. Michael Moore and Fahrenheit 9/11.” The conservative lobbying group Citizens United (CU—see (May 11, 2004)) had complained to the Federal Election Commission (FEC) that liberal documentarian Michael Moore released a movie, Fahrenheit 9/11 (see June 25, 2004), that was so critical of the Bush administration that it should be considered political advertising. If the movie is indeed political advertising, under federal law it cannot be shown within 30 days before a primary election or 60 days before a general election. The FEC dismisses the complaint, finding no evidence that the movie’s advertisements had broken the law. The movie’s distributors, Lions Gate, assure the FEC that they do not intend to advertise the movie during the time periods given under the law. (Federal Election Commission 8/6/2004; Moneyocracy 2/2012) In the aftermath of the FEC decision, CU leaders Floyd Brown (see September 21 - October 4, 1988) and David Bossie will decide that they can do what Moore did, and decide to make their own “documentaries.” Bossie realized after Fahrenheit 9/11 aired that it, and the television commercials promoting it, served two purposes—attacking President Bush and generating profits. Having already conducted an examination of the career of former First Lady Hillary Clinton (D-NY), now a sitting senator with presidential aspirations, the organization will decide to make its first “feature film” about her (see January 10-16, 2008). (Toobin 5/21/2012)

After the death of Aryan Nations leader Richard Butler (see July 2004), the organization, already deeply divided and dwindling in size and influence (see Late 2000 - 2001), splits into two rival factions. One is headed by August Kreis in Pennsylvania and the other by Jonathan Williams in Georgia. Kreis and Williams are divided in part over the issue of whether neo-Nazis can find common ground with Muslim terrorists based on their mutual hatred of Jews. In 2005, Kreis tells CNN, “And I want to instill the same jihadic feeling in our peoples’ heart, in the Aryan race, that they [jihadists] have for their father, who they call Allah.” Another Nations leader, Charles Juba, attempts to anoint organization “pastor” James Wickstrom (see 1969, 1984, and 2003) as the group’s chaplain. Wickstrom aligns himself with Juba’s breakaway faction, in what some believe is an attempt to claim leadership in Butler’s wake. Aryan Nations member Floyd Cochran, who will leave the group and renounce its racist teachings, will later say: “Jim Wickstrom has a certain stature in the racist movement—one Juba doesn’t have—and especially among the more religious, the biggest ones that are really into the Christian Identity aspect (see 1960s and After).… With the death of Richard Butler, the Christian Identity aspect of the movement is now more focused on Wickstrom.” Days after Butler’s death, Juba announced he was appointing Wickstrom “Chaplin” (sic) and said the group’s new slogan would be “No Jew left alive in 2005.” However, Wickstrom has powerful enemies within the movement, not the least because in 2003 he eloped with the wife of another Christian Identity preacher, his former friend and colleague Keith Kallstrom. In reaction, Kallstrom vowed to cut off Wickstrom’s head and place it on his mountain, and shortly thereafter was arrested after driving to Michigan from Oklahoma in a pickup truck loaded with firearms and grenades, in an apparent attempt to find and kill Wickstrom. Wickstrom never becomes a full-fledged leader of the group, and though he will continue to broadcast a weekly radio program over the Internet, he will experience a steady decline in his influence among Aryan Nations and other racist, white supremacist groups. Both Kreis’s and Williams’s factions will continue to slide into irrelevance, though Kreis will have some success recruiting members from motorcycle gangs in South Carolina. By 2010, the only remnants of the groups will be small individual cliques and their accompanying Web sites. (Southern Poverty Law Center 12/2004; Southern Poverty Law Center 2010; Southern Poverty Law Center 2010)

The DVD cover for ‘Celsius 41.11.’The DVD cover for ‘Celsius 41.11.’ [Source: Citizens United]The Federal Election Commission (FEC) refuses to allow the conservative lobbying and advocacy group Citizens United (CU) to advertise on television its upcoming film Celsius 41.11—The Temperature at Which the Brain Begins to Die, a documentary that the group intends as a refutation of the documentary Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The FEC also refuses to allow CU to pay to run the film on television. The FEC bases its decision on the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold—see March 27, 2002), and its restrictions on nonprofit groups such as CU using unregulated contributions to pay for “electioneering communications” to be shown within 60 days of a federal general election. CU would broadcast the film in late September, less than 60 days before the November 2 elections. CU argued, unsuccessfully, that it is a member of the news media and therefore can use a legal exemption provided for news, commentary, and editorial content. In a 4-0 vote, the FEC rejects the argument, saying that CU intends to buy air time instead of being paid to provide content, and that its primary function is as an advocacy group and not a film production organization. FEC vice chair Ellen L. Weintraub, one of the commission’s three Democrats, says: “You don’t want a situation where people are airing campaign commercials and they are exempt from commission rules because they are considered a media event. The danger is that the exemption swallows the rules.” CU president David Bossie (see May 1998) says he is “clearly disappointed” with the ruling, and adds, “They [the FEC] want to limit free speech, and that’s what this issue is about for us.” The company marketing Fahrenheit 9/11 was not allowed to run advertisements promoting the film within 60 days of the elections, and a CU complaint against that film was dismissed after its distributors promised not to air such advertisements (see August 6, 2004). CU has helped fund the publication of a book by Bossie attacking Democratic presidential candidate John Kerry (D-MA), and has released numerous documentaries attacking the Clinton administration and the United Nations. The current film contains some material attacking Kerry, though that material is not the primary focus of the film. Bossie says the group will attempt to show the film in theaters to paying audiences within a few weeks (see September 27-30, 2004). (Justice 9/9/2004; Tierney 9/30/2004)

The conservative lobbying and advocacy group Citizens United (CU) releases a documentary intended as a refutation of the popular documentary, Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The CU film is entitled Celsius 41.11—The Temperature at Which the Brain Begins to Die. CU spent six weeks making the film, and is releasing it in small venues around the nation after the Federal Election Commission (FEC) denied the organization permission to broadcast it on television (see September 8, 2004). (In August, the FEC dismissed a complaint against Moore over Fahrenheit 9/11 filed by CU—see August 6, 2004.) The slogan for the movie is “The Truth Behind the Lies of Fahrenheit 9/11!” The movie was written and produced by Lionel Chetwynd, who has written and produced a number of Hollywood feature films and documentaries. Chetwynd, a vocal conservative, produced the September 2003 “docudrama” 9/11: Time of Crisis, which portrayed President Bush as a near-action hero during and after the 9/11 attacks, and took significant liberties with the actual events (see September 7, 2003). Of this film, Chetwynd says: “We could have gone wall to wall with red meat on this, but we purposely didn’t. The cheap shots may be entertaining in Moore’s film, but we wanted to make the intellectual case and go beyond lecturing to the converted.” New York Times reporter John Tierney describes the movie as overtly intellectual, sometimes appearing more as a PowerPoint presentation than a film made to appeal to a wider audience. It features a point-by-point defense of Bush’s actions during the 9/11 attacks, and features “politicians, journalists, and scholars discoursing on the legality of the Florida recount in 2000, the Clinton administration’s record on fighting terrorism, and the theory of American exceptionalism.” There are a few “red meat” moments, Tierney notes, including the juxtaposition of the Twin Towers burning as Moore says in a voiceover, “There is no terrorist threat.” It also includes a few slaps against Democratic presidential candidate John Kerry (D-MA), mostly in the form of a country song where the singer Larry Gatlin sings, “John boy, please tell us which way the wind’s blowing,” a reference to the Bush campaign’s attempt to portray Kerry as a “flip-flopper” who goes back and forth in his views on various issues. The Georgetown premiere of the movie attracts some 300 viewers, almost all Republicans, according to Tierney. The audience, according to Tierney, views the film as more “thoughtful and accurate” than Moore’s film, and unlikely to make anywhere near the profits the earlier film garnered. Chetwynd says he resisted the temptation to launch an all-out assault on Kerry “the way that Moore did with Bush.” Filmgoer Jerome Corsi, who has written a bestselling book attacking Kerry’s Vietnam record, praises the film, as does Debra Burlingame, whose brother was the pilot of the airplane that was flown into the Pentagon on the morning of September 11, 2001 (see 8:51 a.m.-8:54 a.m. September 11, 2001). Burlingame, a founder of a group of 9/11 victim relatives that supports Bush, says: “Michael Moore actually used footage of the Pentagon in flames as a sight gag. It was really hard to sit there in the theater listening to people laugh at that scene knowing my brother was on that plane. I wish more people would see this film instead.” (Tierney 9/30/2004) In October, the Washington Post’s Philip Kennicott will dismiss the film as “generat[ing] heat but no new light,” calling it “sad in a sad sort of way… dull, lazy, and inconsistent,” and suffused with an “unabashed idolatry of the Great Leader (in this case, George W. Bush)” in the same way that Nazi propagandist Leni Riefenstahl made her documentaries (he wonders, “Has the conservative worldview really been reduced to a slavish worship of authority?”). Kennicott will ask if the film is an attempt to refute Moore’s documentary or an “overlong attack ad on John Kerry,” and concludes that the film is little more than a combination of “dreadful political advertisements and dreadful political talk shows.” (Kennicott 10/22/2004) TV Guide’s Maitland McDonagh will call the film a “shrill, repetitive screed” obviously released just in time to influence the 2004 presidential election, and bearing “all the hallmarks of having been thrown together in a heated rush.” (McDonagh 10/2004)

Wangari Maathai.Wangari Maathai. [Source: AFP / Front Page Magazine]Conservative pundit David Horowitz, the founder and editor of Front Page Magazine, calls Nobel Peace Prize laureate Wangari Maathai a “black racist” for her speculations that the AIDS virus may have been created in a laboratory. Maathai, a Kenyan ecologist and environmental activist, says: “Some say that AIDS came from the monkeys, and I doubt that because we have been living with monkeys [since] time immemorial, others say it was a curse from God, but I say it cannot be that. Us black people are dying more than any other people in this planet.… It’s true that there are some people who create agents to wipe out other people. If there were no such people, we could have not have invaded Iraq. We invaded Iraq because we believed that Saddam Hussein had made, or was in the process of creating, agents of biological warfare. In fact it [the HIV virus] is created by a scientist for biological warfare.… Why has there been so much secrecy about AIDS? When you ask where did the virus come from, it raises a lot of flags. That makes me suspicious.” A US State Department official says the US does not agree with Maathai’s claims about AIDS. Horowitz responds to Maathai’s speculations by posting an article on the Front Page Web site entitled “Black Racist Wins Nobel Prize (Thanks to the Leftwing Racists on the Nobel Committee).” (Australian Broadcasting Corporation 10/9/2004; Horowitz 10/9/2004; Media Matters 12/1/2004) Four days later, Horowitz features an article by Front Page author Ben Johnson entitled “Nobel Hates Whitey,” in which Johnson calls Maathai “a paranoid, anti-white, anti-Western crusader for international socialism.” Johnson interprets Maathai’s words to mean that, in his phrasing, “white devils” concocted AIDS to eradicate blacks. He terms her claims “blood libel,” accuses her of fomenting violence against Kenyan police, and says she has worked with environmentalists at the United Nations to promote “global socialism.” (Johnson 10/13/2004)

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