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Context of 'August 17, 2001: Moussaoui’s Roommate Arrested'

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Jordan’s King Abdullah, during an interview on NBC, says the US indeed tortured prisoners during the last administration. “Well, from what we’ve seen and what we’ve heard, there are enough accounts to show that this is the case,” Abdullah says. Interviewer David Gregory says: “That’s an important point. You actually do believe that the United States engaged in torture.” Abdullah responds, “What I see on the press… shows that there were illegal ways of dealing with detainees.” [Think Progress, 4/25/2009]

Entity Tags: David Gregory, Abdullah II ibn al-Hussein

Timeline Tags: Torture of US Captives

New York Times editor Clark Hoyt, in a column entitled “Telling the Brutal Truth,” writes of the lengthy discussions among Times editors and staffers on using the term “torture” in their reports and editorials. Hoyt writes that the term is not used in news reports, though it is in editorials. “Until this month,” he writes, “what the Bush administration called ‘enhanced’ interrogation techniques were ‘harsh’ techniques in the news pages of the Times. Increasingly, they are ‘brutal.’” He characterizes the decision to use, or not use, the word “torture” as an example of “the linguistic minefields that journalists navigate every day in the quest to describe the world accurately and fairly.” He notes that the final decision—to rely on the adjective “brutal”—“displeas[es] some who think ‘brutal’ is just a timid euphemism for torture [as well as] their opponents who think ‘brutal’ is too loaded.”
Reader Criticism - Hoyt notes that some readers have criticized the Times for its lack of “backbone” in not using the term “torture” in its reporting, with one writing that by refusing to use the term, “you perpetuate the fantasy that calling a thing by something other than its name will change the thing itself.” Others say that even using the word “brutal” is “outrageously biased.”
'Harsh' Not Accurately Descriptive - Hoyt notes that in the process of editing an April 10 news report on the CIA’s closing of its network of secret overseas prisons (see April 10, 2009), reporter Scott Shane and editor Douglas Jehl debated over the wording of the first paragraph. Jehl had written that the interrogation methods used in the prisons were “widely denounced as illegal torture,” a phrase Jehl changed to “harshest interrogation methods.” Shane argued that the term “harshest” was not strong enough, and the two agreed to use the word “brutal.” After reading the recently released Justice Department torture memos (see April 16, 2009), managing editor Jill Abramson said a new and stronger term needed to be used. “Harsh sounded like the way I talked to my kids when they were teenagers and told them I was going to take the car keys away,” she says. She, too, came down in favor of “brutal” after conferring with legal experts and Washington bureau chief Dean Baquet. But senior editors have all agreed that the word torture will not be used except in quoting others’ descriptions of the methods. “I have resisted using torture without qualification or to describe all the techniques,” Jehl says. “Exactly what constitutes torture continues to be a matter of debate and hasn’t been resolved by a court. This president and this attorney general say waterboarding is torture, but the previous president and attorney general said it is not. On what basis should a newspaper render its own verdict, short of charges being filed or a legal judgment rendered?” [New York Times, 4/25/2009]
Accusation of Bias, Semantic Games - Media critic Brad Jacobson accuses Hoyt and the Times staff of engaging in meaningless semantic wordplay instead of labeling torture as what it is, and notes that Hoyt seems to admit that public opinion, not journalistic standards, has determined what terms the Times will and will not use. Jacobson writes: “1) If the Times called techniques such as waterboarding torture in its reporting, which it should based on US and international law, legal experts, historians, military judges, combat veterans, and human rights organizations, and described, however briefly, what that torture entailed, then the use of modifying adjectives such as ‘harsh’ or ‘brutal’ would not only be superfluous but, in a news story, better left out; and 2) isn’t the Times (along with any news outlet that has failed to report these acts as torture) directly responsible in some way for inspiring the kind of response it received from readers [who objected to the term ‘brutal’]? If readers are not provided the facts—a) waterboarding is torture and b) torture is illegal—while Times editors are simultaneously ascribing arbitrary descriptors to it like ‘brutal’ or ‘harsh,’ then the Times is not only denying its readers the necessary information to understand the issue but this denial may also lead directly to accusations of bias.” He also notes that Jehl censored Shane’s story to eliminate the reference to the methods being “widely denounced as illegal torture,” and asks why Abramson discussed the matter with legal experts rather than determining if waterboarding, physical assaults, and other techniques do indeed qualify as torture under the Geneva Conventions, the Convention Against Torture (see October 21, 1994), and other binding laws and treaties. [Raw Story, 4/26/2009]

Entity Tags: Douglas Jehl, Central Intelligence Agency, Brad Jacobson, Clark Hoyt, Dean Baquet, Scott Shane, Convention Against Torture, Jill Abramson, Geneva Conventions, US Department of Justice, New York Times

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

Der Spiegel reports new evidence proving that the CIA ran a secret prison in Poland and tortured prisoners there. The prison is identified as the Polish military airbase of Stare Kiejkuty, about an hour’s drive north of the Szymany military airbase. One of the most well-known of the “high-value” prisoners kept there was accused 9/11 plotter Khalid Shaikh Mohammed, who was tortured (see March 7 - Mid-April, 2003) and waterboarded (see After March 7, 2003) in the facility. A Gulfstream N379P jet, known to Polish investigators as the “torture taxi,” landed at least five times at Szymany between February and July 2003. According to Der Spiegel, “Flight routes were manipulated and falsified for this purpose and, with the knowledge of the Polish government, the European aviation safety agency Eurocontrol was deliberately deceived.” A witness told the public prosecutor’s office in Warsaw of seeing people wearing handcuffs and blindfolds being led from the aircraft at Szymany, far from the control tower. The witness said it was always the same individuals and the same civilian vehicles that stood waiting on the landing field. Mohammed told delegates from the International Committee of the Red Cross (ICRC) that most of the group at the airfield wore ski masks, presumably to avoid being identified. “On arrival the transfer from the airport to the next place of detention took about one hour,” he told the ICRC. “I was transported sitting on the floor of a vehicle. I could see at one point that there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet-X people.” Robert Majewski, the Warsaw public prosecutor who took the witness statement cited above, has been investigating former Polish Prime Minister Leszek Miller’s government on allegations of abuse of office. One of the issues surrounding the Miller administration is its alleged secret cooperation with the CIA, and its alleged granting of free rein to the agency over the Stare Kiejkuty military base for its extraterritorial rendition program and torture interrogations. Majewski is also investigating whether the Polish intelligence agency, WSI, made 20 of its agents available to the CIA. Recently, two Polish journalists, Mariusz Kowalewski and Adam Krzykowski, have discovered flight record books from Szymany that had been declared lost. Based on these documents, and on a number of interviews with sources, the two journalists have put together a patchwork of evidence pointing to the CIA’s use of Stare Kiejkuty for secret rendition and torture purposes. They say that they lack a final piece of proof—that CIA interrogator Deuce Martinez, one of the primary interrogators of Mohammed, was in Poland at the time of Mohammed’s detention in Stare Kiejkuty. Rumors abound of Martinez’s presence, but Kowalewski and Krzykowski lack the evidence to prove it. Much of Kowalewski and Krzykowski’s reporting has been confirmed by a 2007 investigation conducted by the special investigator for the Council of Europe, Dick Marty. A WSI official told the Marty investigators, “The order to give the CIA everything they needed came from the very top, from the president,” meaning former President Aleksander Kwasniewski, who denies the allegation. The CIA has always denied any knowledge of, or involvement with, such a facility. [Der Spiegel (Hamburg), 4/27/2009]

Entity Tags: Khalid Shaikh Mohammed, Der Spiegel, Central Intelligence Agency, Aleksander Kwasniewski, Adam Krzykowski, Deuce Martinez, International Committee of the Red Cross, Dick Marty, Robert Majewski, Leszek Miller, Mariusz Kowalewski, Eurocontrol, Stare Kiejkuty, Wojskowe Sluzby Informacyjne

Timeline Tags: Torture of US Captives

Following the release of a set of Bush administration memos about torture (see April 16, 2009) and the discovery that militant training camp facilitator Abu Zubaida was waterboarded 83 times in one month (see April 18, 2009), some commentators recall comments made by former CIA officer John Kiriakou.
Kiriakou's Media Blitz - In late 2007, shortly after the CIA admitted destroying videos of Zubaida (see November 2005 and December 6, 2007), Kiriakou toured media outlets, saying that Zubaida had only been waterboarded once (see December 10, 2007 and December 11, 2007). New York Times reporter Brian Stelter writes the most comprehensive treatment of Kiriakou’s “media blitz,” in an article entitled “How ‘07 ABC Interview Tilted a Torture Debate.” He points out that Kiriakou’s claim of only one waterboarding was “repeated by dozens of broadcasts, blogs, and newspapers” and “quickly ricocheted around the media.” This despite the fact that Kiriakou was not present at the black site where Zubaida was interrogated, and only learned of his treatment from reading accounts from the field. This injected the claim of one waterboarding into the public debate without the CIA having to make it itself. When asked about the false claim, CIA spokesman Paul Gimigliano replies: “This agency did not publicly disclose the frequency with which the waterboard was used, noting only that it was employed with three detainees. If reporters got that wrong, they weren’t misled from here.”
Waterboarding Was Necessary - In addition, Kiriakou said that at the time it did produce results and he had thought it was necessary then, statements that were repeated and amplified around the media. The net effect of his interjection in the debate was to make the torture seem much less harsh than it really was, diverting criticism away from the CIA. [New York Times, 4/28/2009]
CIA Media Plant? - Numerous other commentators will make similar points. For example, in a piece entitled “John Kiriakou: CIA Media Plant?” Foreign Policy magazine commentator Annie Lowery says: “It all seems a bit strange to me, and leads to one obvious possibility: John Kiriakou—telegenic and well-spoken John Kiriakou, who never went to jail for blasting state secrets on television—was told the story to tell and released onto an unsuspecting public. It’s an impression the CIA will have difficulty dulling now.” [Foreign Policy, 4/28/2009]
Kiriakou Admits He Was Wrong - In 2010, Kiriakou will publish a book and in it he will mention in passing that his earlier claims were wrong. He did not take part in Zubaida’s interrogation and he was wrong about Zubaida being only waterboarded one time, and about him freely confessing afterwards. He will claim that he was a dupe used by the CIA to promote disinformation, writing, “In retrospect, it was a valuable lesson in how the CIA uses the fine arts of deception even among its own.” [Foreign Policy, 1/26/2010]

Entity Tags: John Kiriakou, Paul Gimigliano, Brian Stelter, Central Intelligence Agency, Annie Lowery

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

Experts say that the so-called “ticking time bomb” scenario, which is often used to justify the use of torture, is fallacious. Many novels (see 1960), movies, and television shows, most recently Fox’s 24 (see Fall 2006), routinely portray a time-critical scene where the hero of the story must torture a prisoner to obtain information needed to avert an imminent attack, usually the “ticking time bomb” planted and ready to explode. Terrorism expert Bruce Hoffman says that such scenarios are dubious at best. “I’ve personally been told that they happen but I have to admit that in the years, in now the decade I have been told about it, I have become increasingly skeptical,” he says. “A ticking bomb becomes a default assumption which in turn becomes a legitimization or justification for torture. And in actual fact, even though people have told me about it, I have yet to see an actual documented case independently of what I was told.” Former CIA agent Michael Scheuer says that he knows of cases where torture elicited useful and critical information, but refuses to give specifics. CIA officials are unwilling or unable to provide details of the effectiveness of techniques such as waterboarding. Former military interrogator Matthew Alexander (see December 2-4, 2008) says of the CIA’s waterboarding of Khalid Shaikh Mohammed (see April 16, 2009 and April 18, 2009), “What I get most out of the waterboarding of Khalid Shaikh Mohammed is that any approach—I don’t care what it is—if you have to do it 183 times, it is not working,” he says. “When they did use the waterboard on Khalid Shaikh Mohammed, what they were getting each time was the absolute minimum he could get away with. And that’s what you get when you use torture—you get the absolute minimum amount of information.” [National Public Radio, 5/5/2009]

Entity Tags: Bruce Hoffman, Matthew Alexander, Michael Scheuer, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

In an interview on CBS’s Face the Nation, former Vice President Dick Cheney acknowledges that President Bush knew of the torture program as performed under his administration. However, he again says that in his view the practices employed by the US on enemy detainees did not constitute torture (see December 15, 2008). He also reiterates earlier claims that by dismantling Bush-era policies on torture and warrantless wiretapping, the Obama administration is making the country more vulnerable to terrorist attacks (see January 22, 2009, January 22, 2009, January 23, 2009, February 2009, March 17, 2009, March 29, 2009, April 20, 2009, April 21, 2009, April 22, 2009, April 22, 2009, April 22, 2009, April 23, 2009, and April 26, 2009), and reiterates his claim that classified documents will prove that torture was effective in producing actionable intelligence (see April 20, 2009).
Claims Documents Prove Efficacy of Torture - Cheney says: “One of the things that I did six weeks ago was I made a request that two memos that I personally know of, written by the CIA, that lay out the successes of those policies and point out in considerable detail all of—all that we were able to achieve by virtue of those policies, that those memos be released, be made public (see April 22, 2009). The administration has released legal opinions out of the Office of Legal Counsel. They don’t have any qualms at all about putting things out that can be used to be critical of the Bush administration policies. But when you’ve got memos out there that show precisely how much was achieved and how lives were saved as a result of these policies, they won’t release those. At least, they haven’t yet.” Host Bob Schieffer notes that Attorney General Eric Holder has denied any knowledge of such documents, and that other administration officials have said that torture provided little useful information. Cheney responds: “I say they did. Four former directors of the Central Intelligence Agency say they did, bipartisan basis. Release the memos. And we can look and see for yourself what was produced.” Cheney says the memos specifically discuss “different attack planning that was under way and how it was stopped. It talks [sic] about how the volume of intelligence reports that were produced from that.… What it shows is that overwhelmingly, the process we had in place produced from certain key individuals, such as Khalid Shaikh Mohammed and Abu Zubaida (see After March 7, 2003), two of the three who were waterboarded.… Once we went through that process, he [Mohammed] produced vast quantities of invaluable information about al-Qaeda” (see August 6, 2007). Opponents of Bush torture policies, Cheney says, are “prepared to sacrifice American lives rather than run an intelligent interrogation program that would provide us the information we need to protect America.”
Bush Knew of Torture Program - Cheney also acknowledges that then-President Bush knew of the torture program, saying: “I certainly, yes, have every reason to believe he knew—he knew a great deal about the program. He basically authorized it. I mean, this was a presidential-level decision. And the decision went to the president. He signed off on it.” Cheney concludes by saying that he would be willing to testify before Congress concerning the torture program and his administration’s handling of its war on terror, though he refuses to commit to testifying under oath. [Congressional Quarterly, 5/10/2009; CBS News, 5/10/2009 pdf file]

Entity Tags: Khalid Shaikh Mohammed, Abu Zubaida, George W. Bush, Obama administration, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives

Guantanamo detainee Ahmed Muhammad al-Darbi makes a wide-ranging declaration alleging he was tortured into confessing links to al-Qaeda. The declaration covers his detention in Azerbaijan (see June 2002), rendition to Afghanistan (see August 2002), and alleged torture at Bagram (see August 2002) and Guantanamo (see (March 23, 2003)). Al-Darbi will say that he frequently feels “anxious, depressed, and worried,” and that he has “recurring nightmares of the US guards and interrogators from Bagram chasing me.” He also says he needs mental health counseling, but does not trust the staff at Guantanamo. He concludes that he would like to go home to Saudi Arabia, and would be willing to participate in what he calls “the Saudi reintegration program for repatriated detainees.” [al-Darbi, 7/1/2009]

Entity Tags: Ahmed Muhammad al-Darbi

Timeline Tags: Torture of US Captives

The cover of Mark Klein’s ‘Wiring Up the Big Brother Machine… and Fighting It.’The cover of Mark Klein’s ‘Wiring Up the Big Brother Machine… and Fighting It.’ [Source: BookSurge / aLibris (.com)]Former AT&T technician Mark Klein self-publishes his book, Wiring Up the Big Brother Machine… and Fighting It. In his acknowledgements, Klein writes that he chose to self-publish (through BookSurge, a pay-to-publish venue) because “[t]he big publishers never called me,” and the single small publishing house that offered to publish his book added “an unacceptable requirement to cut core material.” Klein based his book on his experiences as an AT&T engineer at the telecom giant’s San Francisco facility, where he primarily worked with AT&T’s Internet service. In 2002 and 2003, Klein witnessed the construction of of a “secret room,” a facility within the facility that was used by the National Security Agency (NSA) to gather billions of email, telephone, VoIP (voice over Internet Protocol), and text messages, most of which were sent by ordinary Americans. The NSA did its electronic surveillance, Klein writes, secretly and without court warrants. Klein describes himself as “wiring up the Big Brother machine,” and was so concerned about the potential illegality and constitutional violations of the NSA’s actions (with AT&T’s active complicity) that he retained a number of non-classified documents proving the extent of the communications “vacuuming” being done. Klein later used those documents to warn a number of reporters, Congressional members, and judges of what he considered a horrific breach of Americans’ right to privacy. [Klein, 2009, pp. 9-11, 21-24, 33, 35, 38, 40] In 2007, Klein described his job with the firm as “basically to keep the systems going. I worked at AT&T for 22 and a half years. My job was basically to keep the systems going. They were computer systems, network communication systems, Internet equipment, Voice over Internet [Protocol (VoIP)] equipment. I tested circuits long distance across the country. That was my job: to keep the network up.” He explained why he chose to become a “whistleblower:” “Because I remember the last time this happened.… I did my share of anti-war marches when that was an active thing back in the ‘60s, and I remember the violations and traffic transgressions that the government pulled back then for a war that turned out to be wrong, and a lot of innocent people got killed over it. And I’m seeing all this happening again, only worse. When the [NSA] got caught in the ‘70s doing domestic spying, it was a big scandal, and that’s why Congress passed the FISA [Foreign Intelligence Surveillance Act] law, as you know, to supposedly take care of that (see 1978). So I remember all that. And the only way any law is worth anything is if there’s a memory so that people can say: ‘Wait a minute. This happened before.’ And you’ve got to step forward and say: ‘I remember this. This is the same bad thing happening again, and there should be a halt to it.’ And I’m a little bit of that institutional memory in the country; that’s all.” [PBS Frontline, 5/15/2007]

Entity Tags: National Security Agency, AT&T, BookSurge, Mark Klein

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

The White House announces the formation of a new unit to question “high-value” terrorism suspects. The unit is called the High-Value Detainee Interrogation Group (HIG). It operates out of the FBI, but is overseen by the National Security Council; this structure removes the CIA as the primary interrogators of high-level detainees and gives the White House direct oversight. According to author and reporter David Ignatius, the HIG will be composed of small groups of “special interrogation experts” sent out to interrogate certain detainees. [PBS, 8/24/2009] Administration officials say all interrogations overseen by the HIG will comply with guidelines contained in the Army Field Manual, which prohibits the use of physical force. The group will study other interrogation methods, however, and may add additional noncoercive methods in the future. Tom Malinkowski of the organization Human Rights Watch says the new interrogation policy represents a significant step toward more humane treatment, though he wants stricter limits on rendition (see August 24, 2009]). Overall, Malinkowski says the Obama administration’s approach to counterterrorism issues is strong, noting that the government has now adopted “some of the most transparent rules against abuse of any democratic country.” [New York Times, 8/25/2009]
De-Emphasizing CIA's Role in Interrogations - Author and reporter Jane Mayer observes: “[T]o to some extent, this is bringing the CIA back to its earlier role traditionally, before 9/11, but still it’s taking authority away from the CIA. It’s also—the new rules for interrogation are going to make the CIA use only techniques that are allowed for the military. They’re not going to have any special dispensation to do enhanced interrogation techniques, so you’re basically seeing them kind of knocked down to just having to act like everybody else.” Ignatius adds: “My conversations today with the people who know the CIA tells me that the feeling out there is kind of, ‘Let this cup pass from our lips.’ You know, they are sick of this interrogation issue. They were in many cases reluctant to get into it in the first place. This has been a nightmare for them. Careers have been destroyed. Officers feel like their lives have been wrecked. And I think the career people there say, ‘Fine, you know, if the FBI wants to do this, let them have it.‘… [T]he only thing that worries me is putting it so directly under the White House, having the White House running interrogation programs, that seems a little odd to me.” [PBS, 8/24/2009] CIA spokesman Paul Gimigliano says that the agency will continue to be involved in interrogations. “The CIA took active part in the work of the task force, and the agency’s strong counterterrorism knowledge will be key to the conduct of future debriefings,” he says. “That won’t change.” [New York Times, 8/25/2009]
Worries that Obama Administration May be Taking Too Much Power for Itself - MSNBC’s Alison Stewart says the decision “might cause involuntary eyebrow-raising among people who thought the Bush administration gave itself too much power in these matters.” Senator Sheldon Whitehouse (D-RI) supports the decision, saying that “it brings for the first time… a very rigorous and serious overview to our interrogation of high-value detainees. If you set aside all of the spin and all of the nonsense that you heard out of the top layers of the Bush administration, what you really saw was—for a lot of these high-value detainees, you saw very amateurish investigation by people who knew nothing about al-Qaeda, who knew nothing about interrogation, who had familiarity with antique techniques that were used by brutal tyrant regimes for propaganda purposes not for intelligence gathering purposes, and were put for reasons that are still not adequately explained into high value interrogations. We know from testimony before the Senate Judiciary Committee that at least one very productive investigation was interrupted and probably ruined by the intervention of these amateurish and brutal techniques into an investigation—an interrogation that was generating absolutely first-class interrogation for our country.” Whitehouse does not identify the subject of that “productive interrogation,” but he could be referring to the interrogation of Abu Zubaida (see March 28, 2002). [MSNBC, 8/25/2009]

Entity Tags: Alison Stewart, High-Value Detainee Interrogation Group, Federal Bureau of Investigation, Central Intelligence Agency, David Ignatius, Tom Malinkowski, Sheldon Whitehouse, Jane Mayer, National Security Council, Paul Gimigliano, Obama administration

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A lawyer acting for Ali Abdul Aziz Ali, one of a five high-profile defendants to be tried in New York for 9/11, says that his client and the others intend to plead not guilty. The lawyer, Scott Fenstermaker, says they will do so not in the hope of an acquittal, but to air their criticism of US foreign policy. While incarcerated at Guantanamo, the five had intended to plead guilty before a military commission (see December 8, 2008). According to Fenstermaker, the men will admit carrying out 9/11, but intend to formally plead not guilty so they can “explain what happened and why they did it.” They will give “their assessment of American foreign policy,” which is “negative.” Fenstermaker recently met with his client, but has not met with the other four defendants, although he says the five have discussed the issue among themselves. In response, Justice Department spokesman Dean Boyd says that while the men may attempt to use the trial to express their views, “we have full confidence in the ability of the courts and in particular the federal judge who may preside over the trial to ensure that the proceeding is conducted appropriately and with minimal disruption, as federal courts have done in the past.” [Associated Press, 11/22/2009]

Entity Tags: Ramzi bin al-Shibh, Ali Abdul Aziz Ali, Dean Boyd, Mustafa Ahmed al-Hawsawi, Scott Fenstermaker, US Department of Justice, Khalid Shaikh Mohammed, Khallad bin Attash

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Las Vegas Review-Journal publisher Sherman Frederick falsely claims that “the two cases of domestic terrorism since 9/11” have taken place “on Obama’s watch.” In recent months, two former Bush administration officials have denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009). The progressive media watchdog Web site Media Matters will write, “Frederick joins [the] list of conservatives denying existence of terrorist attacks under Bush.” Frederick writes: “If this is what it takes to wake up Obama to the evils of this world, then he learned an easy lesson. But tell that to the personnel who lost their lives to terrorism at Fort Hood [referring to the November 9, 2009 mass shooting at Fort Hood, Texas, perpetrated by a Muslim US Army psychiatrist with suspected ties to extremist groups]. Then, as now, the Obama administration fails to swiftly acknowledge the threat. They demur in describing our enemy as radical Muslims. They plan to close the offshore prison for terrorists at Guantanamo Bay and transfer the prisoners to the United States. They give the enemy combatants who killed more than 3,000 people on 9/11 the privilege of a civilian federal trial in New York City when a military tribunal is more appropriate. And for three days our president failed to address his people directly on Abdulmutallab’s failed effort to blow up a commercial flight over Detroit on Christmas Day [referring to Umar Farouk Abdulmutallab, who attempted to detonate an explosive device carried in his underwear on a Northwest Airlines flight—see December 25, 2009]. All of this on top of President Obama’s noticeable refusal to characterize our struggle as a ‘war’ on ‘terror.’ In the wake of fierce criticism, Obama now talks tough about keeping America safe. But in the two cases of domestic terrorism since 9/11—both on Obama’s watch—red flags flew aplenty.” Frederick either forgets or ignores a string of domestic terrorist attacks on US targets during the Bush presidency, including the 2001 anthrax attacks (see September 17-18, 2001, October 5-November 21, 2001, October 6-9, 2001, and October 15, 2001); the attempt to blow up a transatlantic plane by “shoe bomber” Richard Reid, who has ties to al-Qaeda (see December 22, 2001); the 2002 attack on the El Al ticket counter at Los Angeles International Airport, designated by the Justice Department as an official “act of international terrorism”; the 2002 sniper shootings in the Washington, DC, area, carried out by John Allen Muhammed, who was convicted of terrorism charges; and the 2006 attack on the University of North Carolina campus, where a Muslim student struck nine pedestrians in his SUV because, he said, he wanted to “avenge the deaths or murders of Muslims around the world.” [Media Matters, 1/6/2010]

Entity Tags: John Allen Muhammed, Barack Obama, Bush administration (43), Las Vegas Review-Journal, Media Matters, Umar Farouk Abdulmutallab, Richard C. Reid, Sherman Frederick

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Former New York City Mayor Rudolph Giuliani, a 2008 contender for the Republican presidential nomination, tells an ABC audience that the US experienced “no domestic attacks” during the Bush administration. Giuliani is forgetting, or ignoring, the 9/11 attacks, the most lethal and costly terrorist attacks in US history, a curious omission considering Giuliani was mayor when two hijacked jetliners struck New York City’s World Trade Center buildings on September 11, 2001, eight months into the Bush administration. In recent months, two former Bush administration officials have also denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009), as has a Nevada newspaper publisher just days ago (see January 3, 2010). Good Morning America host George Stephanopoulos begins by asking Giuliani about his opposition to trying suspected terrorists in civilian courts instead of in military tribunals (see November 13, 2001 and January 29, 2009). Giuliani asks “why stop” torturing suspects instead of putting them on trial, saying that the US may continue to get “good information” from them, presumably about plans for future terrorist attacks. Giuliani says that while Bush “didn’t do everything right” in the “war on terror,” what Obama “should be doing is following the right things [Bush] did. One of the right things he did was treat this as a war on terror, we had no domestic attacks under Bush, we had one under Obama.” Stephanopoulos notes that Obama has “stepped up” actions against terrorists, but does not correct Giuliani’s claim that the US “had no domestic attacks under Bush.” [Media Matters, 1/8/2010]

Entity Tags: Barack Obama, ABC News, George Stephanopoulos, Bush administration (43), Rudolph (“Rudy”) Giuliani

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

The press reports that the US Chamber of Commerce and other lobbying organizations are the biggest winners in the controversial Citizens United decision by the US Supreme Court (see January 21, 2010), which allows corporations and labor unions to spend unrestricted amounts of money in support of, or opposition to, federal candidates. The Chamber of Commerce spends more on promoting Republican and conservative candidates than almost any other organization outside of the Republican Party itself. Other trade organizations, which tend to support Republicans, will almost certainly up their spending on behalf of their candidates, or in opposition to Democrats, according to experts interviewed by reporters, as will most corporations.
Unrestrained Spending to Favor Republicans - Democratic lawyer Marc Elias says: “It is a sweeping decision. In one opinion, the Court struck down all bans on corporate independent spending.” GOP lawyer Robert Kelner says that the ruling “will reflect a huge sea-change in campaign finance law. The Court went all the way. It really relieves any restrictions on corporate spending on independent advertising.” Another GOP lawyer, Ben Ginsberg, says: “It’s going to be the Wild Wild West. If corporations and unions can give unlimited amounts… it means that the public debate is significantly changed with a lot more voices, and it means that the loudest voices are going to be corporations and unions.” Former Federal Elections Commission member Brad Smith says, “This case will lead to more spending, I think, in political elections.” Lawrence M. Noble, the former general counsel for the FEC, says a lobbyist can tell a candidate, “We have got a million we can spend advertising for you or against you—whichever one you want.” Political science professor Robert Watson, who has consulted with Democratic campaigns, says: “It’s a game changer. And the last thing we need is for major corporations and nonprofits to have unlimited access to buy their members of Congress.” The New York Times writes: “It is expected to unleash a torrent of attack advertisements from outside groups aiming to sway voters, without any candidate having to take the criticism for dirty campaigning. The biggest beneficiaries might be well-placed incumbents whose favor companies and interests groups are eager to court. It could also have a big impact on state and local governments, where a few million dollars can have more influence on elections.” The National Journal states: “Over the long run, the ruling is likely to favor GOPers more than it does Dems. While it does apply to unions and corporations equally, Elias said the presumption is that corporations have more money to spend.” Major corporations will not openly run their own advertising, Kelner says, but they will funnel millions into trade associations such as the Chamber of Commerce. “If people think that individual companies are going to go out and buy ads, there may be some of that, but for the most part companies are going to flow this money through trade groups and other outside groups,” Kelner says. “This will open the floodgates for money flowing through groups like the US Chamber of Commerce and other associations [that] spend money on political advertising.… There was always a cloud of doubt around outside groups and trade associations, and this lifts those clouds of doubt and leaves behind clear skies.” Former Democratic National Committee (DNC) general counsel Joe Sandler says the ruling may open the door for more attacks on incumbents by corporate and other entities eager to spend money to ease them out. “You will see more sharp-edged, candidate-specific ads on the air closer to the election,” Sandler says. “That could make it more difficult for incumbents to take tough votes in an election year.” [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010; New York Times, 1/21/2010] Think Progress, the liberal news Web site affiliated with the Center for American Progress, writes, “The ruling is a giant win for the US Chamber of Commerce and the big corporations, which tend to donate heavily to Republicans.” [Think Progress, 1/22/2010]
Citizens the Real Losers? - Paul Ryan of the Campaign Legal Center calls the ruling a complete loss for citizens, saying: “[T]he Supreme Court majority declared that corporate speech trumps the rights of American voters to government free of corporate corruption. The Court has nominally upheld campaign finance disclosure requirements applicable to corporations, but I think time will prove that those disclosure requirements are largely ineffective when dealing with contributions.” Brad Ashwell of the Florida Public Interest Research Group calls the ruling a “shocking burst of judicial activism.” Senator Russ Feingold (D-WI) calls the ruling “a terrible mistake,” and says the Court “chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president. Ignoring important principles of judicial restraint and respect for precedent, the Court has given corporate money a breathtaking new role in federal campaigns.” Feingold and other Congressional Democrats want to pass legislation that would curb the decision as soon as feasible. [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010; New York Times, 1/21/2010]
Republicans Celebrate Victory for Free Speech, Say Decision Will 'Level Out' Spending - But Marco Rubio (R-FL), running for Florida’s open Senate seat, says, “Today’s Supreme Court ruling is a victory for those who truly value the freedoms outlined in our First Amendment.” And Republican consultant Ed Brookover, who represents Republican House candidate Allen West (R-FL), says he believes spending from liberal groups such as MoveOn.org will equal spending by corporations, and “level out” spending for the two parties. [Palm Beach Post, 1/21/2010; National Journal, 1/21/2010]
President Critical of Decision - President Obama speaks out against the decision (see January 21, 2010).

Entity Tags: Joseph Sandler, Bradley A. (“Brad”) Smith, US Supreme Court, Ed Brookover, Brad Ashwell, Ben Ginsberg, Barack Obama, Think Progress (.org), Russell D. Feingold, US Chamber of Commerce, Robert Kelner, Robert Watson, New York Times, Marc Elias, Lawrence M. Noble, Republican Party, Marco Rubio, National Journal, Paul S. Ryan

Timeline Tags: Civil Liberties

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

Entity Tags: Alan Grayson, George W. Bush

Timeline Tags: Complete 911 Timeline

Rami Makanesi.Rami Makanesi. [Source: DAPD]In June 2010, Rami Makanesi, a German militant of Syrian descent, is arrested in Pakistan and quickly deported to Germany. He becomes a key source of information on recent al-Qaeda activity, and in return gets only a four-year sentence in Germany. In October 2010, he is shown photographs of al-Qaeda suspects, and he recognizes Said Bahaji in one of them. Bahaji is a member of the al-Qaeda Hamburg cell, and fled to Pakistan shortly before the 9/11 attacks (see September 3-5, 2001). He has been wanted in Germany ever since (see September 21, 2001). Makanesi reveals that he spoke to Bahaji in May 2010, in Pakistan’s tribal region. Makanesi says that Bahaji “now looks completely different. He has a long beard and longer hair.” Bahaji is not considered a high ranking al-Qaeda leader, but he is respected because he has been involved so long. Bahaji now works for As-Sahab, al-Qaeda’s propaganda and media effort. He is responsible for As-Sahab’s technical infrastructure. [Der Spiegel (Hamburg), 8/29/2011]
Bahaji Still Not on Any US Wanted List - However, despite this news that Bahaji is not only still alive but continues to have an important al-Qaeda role, the US government has yet to publicly charge Bahaji or put him on any of their most wanted lists, nor has any bounty been announced for him. [Federal Bureau of Investigation, 7/13/2011] Bahaji is not even on the FBI’s “Seeking Information—War on Terrorism” list. A person does not have to be formally charged to be on that list. [Federal Bureau of Investigation, 6/5/2011]

Entity Tags: Rami Makanesi, Al-Qaeda, As-Sahab, Said Bahaji

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A US drone strike kills some suspected militants in Pakistan tied to an alleged plot to strike Europe, including an apparent member of the al-Qaeda cell in Hamburg that was involved in the 9/11 attacks. The strike kills eight people in Pakistan’s tribal region. Naamen Meziche, a French citizen of Algerian descent and longtime German resident, is one of those killed. He had been under investigation since shortly after 9/11 for his connections to 9/11 hijacker Mohamed Atta, hijacker associate Ramzi bin al-Shibh, al-Qaeda operative Zacarias Moussaoui, and others, but the German government was never able to get enough evidence to charge him with any crime. In March 2009, Meziche joined a group of Islamist extremists traveling from Hamburg to Pakistan for military training (see March 5, 2009). Two other men from the group, Bunyamin E. and Shahab Dashti, are reportedly killed in the drone strike as well. [Wall Street Journal, 10/16/2010]

Entity Tags: Bunyamin E., Shahab Dashti, Naamen Meziche

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, War in Afghanistan

Manfred Murck.Manfred Murck. [Source: DPA]Manfred Murck, the head of intelligence in Hamburg, Germany, expresses frustration that Mamoun Darkazanli is still not imprisoned. In an interview with CNN, Murck says, “We knew him even before 9/11… we still believe that he was, and maybe still is, a kind of representative of al-Qaeda in Hamburg.” Darkazanli was linked to many members of the al-Qaeda Hamburg cell that included a few of the 9/11 hijackers (see October 9, 1999), and he was suspected of belonging to al-Qaeda since the early 1990s (see 1993 and Late 1998), but the German government never developed enough evidence to charge him. He is wanted in Spain, but the German government has refused to extradite him (see Late April 2007). In recent years, Darkazanli became the imam to the Al-Quds mosque, the same mosque attended by Mohamed Atta and others involved in the 9/11 plot who knew Darkazanli. In March 2009, a group of young men who attended Al-Quds left Hamburg for training camps in Pakistan (see March 5, 2009). Some of them were later arrested and confessed to being involved in a plot to attack targets in Europe. German intelligence officials say that Darkazanli was closely tied to Ahmad Sidiqi and Naamen Meziche, two leaders of the group. (And Meziche appears to have been part of the al-Qaeda Hamburg cell before 9/11, but he was never charged with any crime.) Murck believes Darkazanli inspired this latest group of militant recruits, but carefully did so in a way that did not break any laws. He says: “When it comes to the last speeches [Darkazanli] gave them, he told them, ‘Allah help to kill our enemies…’ so it was very general, it was not, ‘Let’s kill that one, or destroy that city.’ It was more a general cry for help to Allah to help the brothers against the enemies, but it was not enough for our police to open an investigation against him.” The Al-Quds mosque was shut down in August 2010 (see August 9, 2010), but German officials are worried that Darkazanli may start preaching at another mosque, which could start a new legal battle. [CNN, 11/11/2010]

Entity Tags: Al-Qaeda, Ahmad Sidiqi, Manfred Murck, Naamen Meziche, Mamoun Darkazanli

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Entity Tags: Ahmed Khalfan Ghailani

Timeline Tags: Complete 911 Timeline

An image from a ‘Team Themis’ proposal given to the US Chamber of Commerce in late 2010.An image from a ‘Team Themis’ proposal given to the US Chamber of Commerce in late 2010. [Source: Docstoc (.com)]The liberal news Web site Think Progress, an affiliate of the Center for American Progress, reports that it has discovered evidence of a potentially illegal scheme to entrap and destabilize political organizations, including Think Progress, that support President Obama and other Democrats. The scheme, in development since November 2010 at least, centers around the US Chamber of Commerce (USCOC), a large trade organization that makes large secret donations to Republican candidates and organizations (see January 21-22, 2010 and October 2010), and a law firm, Hunton and Williams, hired by the USCOC. According to emails secured by Think Progress, Hunton and Williams is working with a set of private security firms—HBGary Federal, Palantir, and Berico Technologies (collectively called “Team Themis”)—to develop tactics to damage progressive groups and labor unions. Some of the organizations and unions targeted include Think Progress, a labor coalition called Change to Win, the Service Employees International Union (SEIU), US Chamber Watch, and StopTheChamber.com. The last two are small organizations dedicated to exposing some of the secretive practices of the USCOC. One project proposed by Team Themis is an entrapment scheme. The proposal called for the creation of a “false document, perhaps highlighting periodical financial information,” to give to a progressive group opposing the USCOC, and then exposing the document as a fraud, thus undermining the credibility of the organization. Another proposal involved using potentially illegal computer-hacking techniques to create what the group calls a “fake insider persona” to “generate communications” with Change to Win and to undermine the credibility of US Chamber Watch. The proposal actually advocates the creation of two such personas, one to be used “as leverage to discredit the other while confirming the identity of the second.” Together, “Team Themis” asked for $200,000 for initial background research and another $2 million for an active disinformation campaign. It is unclear from the emails whether any of the proposals were accepted, and if the disinformation campaign was ever launched. Think Progress was recently provided with the emails by members of “Anonymous,” an online “hacktivist” community responsible for attacking the Web sites of oppressive regimes in Tunisia and Egypt, along with American corporations that have censored the online information repository WikiLeaks. The emails were secured from HBGary Federal after one of that firm’s executives, Aaron Barr, tried to take Anonymous down. Barr claimed to have penetrated the group and intended to sell the data he collected to Bank of America (BoA) and to US federal authorities. In return, Anonymous hackers penetrated Barr’s email account and published some 40,000 company emails. Barr intended to approach Bank of America, Think Progress writes, because WikiLeaks is believed to have sensitive information about the firm that it intends to publish later in the year. BoA hired Hunton and Williams and other law firms to pursue WikiLeaks. BoA’s legal team also targeted Salon columnist Glenn Greenwald, an outspoken supporter of WikiLeaks, saying that it had plans for “actions to sabotage or discredit” him. The USCOC posts a response to Think Progress on its blog dismissing the report as “baseless attacks.” And prominent liberal blogger Marcy Wheeler (see April 18, 2009) says that the Think Progress report will probably “cause the Chamber of Commerce to rethink the spying work with HBGary it apparently has been considering.” [Berico Technologies, 11/3/2010 pdf file; Think Progress, 2/10/2011] Liberal blogger Brad Friedman, who has spent years covering voter suppression tactics by political organizations, will soon learn that he is targeted by Team Themis. An email sent by Barr and provided to Friedman “focused on me included names, personal information, home addresses, etc. of myself, family members, and a number of other members of VR,” Friedman will write. (Velvet Revolution is an “umbrella group” that includes StopTheChamber.) “Part of the plan included highlighting me as a ‘Tier 1’ player in a sophisticated disinformation/discrediting scheme that relied on high-tech tools developed for the US government’s ‘War on Terror.’ Team Themis’ US Chamber of Commerce plan was to deploy the very same techniques and technology used to track terrorists, terror organizations, and nations such as Iran, against private non-profit political advocates and citizens in the US.” The email also lists the names of people whom Barr clearly believes to be Friedman’s wife and two children (Friedman says the names listed are not family members—he is not married and has no children). The email also lists a Maryland address as Friedman’s home—another error, as Friedman lives in another state. Friedman will write that obviously Barr and his researchers found another, unrelated person named Brad Friedman and learned personal details about that person and his family. Prominent officials such as Ilyse Hogue of MoveOn.org and Robert Weissman of Public Citizen are also listed for “targeting.” [Brad Friedman, 2/14/2011]

Entity Tags: Democratic Party, Change to Win, WikiLeaks, Berico Technologies, Barack Obama, Bank of America, Aaron Barr, US Chamber Watch, Think Progress (.org), US Chamber of Commerce, Service Employees International Union, Ilyse Hogue, Marcy Wheeler, Hunton and Williams, Glenn Greenwald, HBGary Federal, StopTheChamber.com, Robert Weissman, Palantir, Brad Friedman

Timeline Tags: Civil Liberties

The press learns that the Obama administration is considering having President Obama (see January 27-29, 2010) issue an executive order that would force federal contractors to disclose donations over $5,000 to political organizations. Such firms seeking government contracts would be required to disclose contributions to groups that air political ads either attacking or supporting candidates. Both Republicans and Democrats say that if issued, the order would have an immediate effect. Groups such as the US Chamber of Commerce (USCOC), a large Republican donor that has made large undisclosed donations to Republican-supporting candidates and organizations (see January 21-22, 2010 and October 2010), attacks the White House over the considered executive order, saying it proves Obama is using his executive power to punish political adversaries and reward supporters. USCOC spokesperson Blair Latoff calls the proposed order “an affront to the separation of powers [and] to free speech” (see January 21, 2010) that would create a litmus test for companies wanting to work with the federal government. The order, Latoff adds, could mean “prospective contractors that fund political causes unpopular with the government or the current administration may find that they don’t get a contract award due to political discrimination.” Republican senators will raise the same concerns in a letter sent to the White House the next day. Lawyer Jan Baran, who has worked for both the USCOC and Republican interests, acknowledges that the order could curtail fundraising attempts for the 2012 elections. White House officials and Congressional Democrats say the order would prevent the 2012 elections from being taken over by wealthy anonymous donors on both sides of the political aisle. Fred Wertheimer of Democracy 21, a nonprofit group that favors stricter campaign finance rules, says, “The fact that Congressional Republicans may oppose disclosure does not mean that efforts to obtain it are, by definition, partisan.” [United Press International, 4/20/2011; Los Angeles Times, 4/21/2011; New York Times, 4/27/2011] A week later, Bruce Josten, the top lobbyist for the USCOC, will assail Obama and the White House over the proposed executive order, telling a reporter that the organization “is not going to tolerate” what it considers a “backdoor attempt” by the White House to silence private-sector opponents by disclosing their political spending. Josten will even indirectly compare Obama to Libyan leader Mu’ammar al-Qadhafi; citing the Obama administration’s efforts to hasten the deposing of al-Qadhafi, Josten will say of the order: “We will fight it through all available means. To quote what they say every day on Libya, all options are on the table.” White House spokesman Jay Carney will say in response to Josten’s attack, “What the president is committed to is transparency, and he certainly thinks that the American taxpayer should know where his or her money is going.” Josten is joined by the Business Roundtable, a powerful business association made up of a number of chief executives, which will call the proposed order “yet another example of regulatory over-reach,” and will claim the order would increase paperwork and drive up costs for businesses. [Think Progress, 4/27/2011] Lee Fang, a reporter for the liberal news Web site Think Progress, will write that the executive order could have a powerful impact on the USCOC. “[T]he White House’s disclosure rule threatens the entire existence of the Chamber,” Fang will write. “This is because the Chamber only exists to hide the identity of corporations seeking to fight nasty political battles without having their name or brand exposed. As the Wall Street Journal noted, the Chamber’s ‘most striking innovation has been to offer individual companies and industries the chance to use the chamber as a means of anonymously pursuing their own political ends.’ The Chamber’s members include defense contractors, bailed out banks, and other donors likely to be affected by the government contractor campaign disclosure rule.” Fang will also cite a recent plan by the USCOC to sabotage organizations that support Obama and Democratic candidates by using legally questionable tactics such as false entrapment strategies and even computer hacking (see February 10, 2011). The funding for the scheme was never made public. He also cites recent monies secured by the USCOC from foreign entities that, because of the Citizen United decision, could be flowing into US political activities without disclosure (see October 2010). [Think Progress, 4/27/2011] Republicans in Congress will move to pass legislation that would thwart the order, if it is ever issued (see May 26, 2011 and July 15, 2011).

Entity Tags: Barack Obama, Fred Wertheimer, Blair Latoff, Business Roundtable, Jan Witold Baran, US Chamber of Commerce, Lee Fang, Wall Street Journal, Mu’ammar al-Qadhafi, Obama administration, Bruce Josten

Timeline Tags: Civil Liberties

WikiLeaks, a non-profit whistleblower group, releases some files on about 750 prisoners held at the US-run prison in Guantanamo, Cuba. This covers all but about 15 of the prisoners who have passed through the prison since it opened in early 2002 (see January 11, 2002). Nearly all of the prisoners were accused of belonging to al-Qaeda or the Taliban, or associated Islamist militant groups. The files were written by US military intelligence officials between the prison’s opening and January 2009. They contain assessments on whether each prisoner should remain in US custody, be imprisoned by another country, or be set free. Most of the prisoners have been released over the years, and no new prisoners have been sent to Guantanamo since 2007, but 172 prisoners remain at Guantanamo in April 2011. Seven news organizations—the New York Times, The Guardian, McClatchy Newspapers, the Washington Post, El Pais, Der Spiegel, and NPR (National Public Radio)—were given early access to the files by WikiLeaks in order to vet and analyze them. Their publication was sped up when the New York Times prepared to publish them after claiming to get copies of them from another unnamed source. The Obama administration immediately condemns the publication of the classified information in the files. [New York Times, 4/24/2011; New Yorker, 4/25/2011]
Files Often Contain Dubious Evidence - Journalists who analyze the files question the accuracy of their prisoner assessments. The New York Times comments that the files “show that the United States has imprisoned hundreds of men for years without trial based on a difficult and strikingly subjective evaluation of who they were, what they had done in the past, and what they might do in the future.” Furthermore, the files “reveal that the analysts sometimes ignored serious flaws in the evidence—for example, that the information came from other detainees whose mental illness made them unreliable. Some assessments quote witnesses who say they saw a detainee at a camp run by al-Qaeda but omit the witnesses’ record of falsehood or misidentification. They include detainees’ admissions without acknowledging other government documents that show the statements were later withdrawn, often attributed to abusive treatment or torture.” [New York Times, 4/24/2011] The Guardian comments that Guantanamo has been “a place that portrayed itself as the ultimate expression of a forensic and rational war run by the most sophisticated power on the planet, with the best intelligence available. The reality was an almost random collection of [prisoners who were] the bad, the accidental, and the irrelevant.” [Guardian, 4/25/2011] McClatchy Newspapers comments: “The world may have thought the US was detaining a band of international terrorists whose questioning would help the hunt for Osama Bin Laden or foil the next 9/11. But [the files] not meant to surface for another 20 years shows that the military’s efforts at Guantanamo often were much less effective than the government has acknowledged. Viewed as a whole, the secret intelligence summaries help explain why in May 2009 President Barack Obama, after ordering his own review of wartime intelligence, called America’s experiment at Guantanamo ‘quite simply a mess.’”
Files Dependant on Dubious Informants - McClatchy further claims that the files were “tremendously dependant on informants—both prison camp snitches repeating what they’d heard from fellow captives and self-described, at times self-aggrandizing, alleged al-Qaeda insiders turned government witnesses who Pentagon records show have since been released.” The information in the files is based on other sources, including intelligence documents and some confessions. [McClatchy Newspapers, 4/24/2011] The New York Times similarly comments that “Guantanamo emerges from the documents as a nest of informants, a closed world where detainees were the main source of allegations against one another and sudden recollections of having spotted a fellow prisoner at an al-Qaeda training camp could curry favor with interrogators.” [New York Times, 4/24/2011]
Files Also Based on Torture and Legally Questionable Methods - The files rarely mention the abuse and torture scandals concerning treatment of US prisoners in Guantanamo, in secret CIA prisons, in other overseas US-run prisons, and in prisons run by some US allies where the use of torture was more widespread. However, there are hints. For instance, one file on an Australian man sent to Guantanamo in 2002 mentions that he confessed while “under extreme duress” and “in the custody of the Egyptian government” to training six of the 9/11 hijackers in martial arts. But despite the apparent seriousness of this accusation, he was released in early 2005. Additionally, important prisoners such as Abu Zubaida held in secret CIA prisons were shown photos of Guantanamo prisoners and asked about them around the time they were subjected to waterboarding and other torture methods. The interrogations of Zubaida, who was waterboarded many times (see May 2003), are cited in over 100 prisoner files. However, his accusations against others have been systematically removed from government filings in court cases in recent years, which would indicate that officials are increasingly doubtful about his reliability and/or the legality of his tortured confessions. Also, many foreign officials were allowed to interrogate some prisoners in Guantanamo, including officials from China, Russia, Saudi Arabia, Jordan, Yemen, Kuwait, Algeria, and Tajikistan. Information in some files comes from these legally questionable interrogation sessions. [McClatchy Newspapers, 4/24/2011; New York Times, 4/24/2011] One well-known case of torture involved Mohamed al-Khatani, the alleged 20th 9/11 hijacker (see December 2001). While being held in Guantanamo, he was interrogated for months with techniques that the senior Bush administration official in charge of bringing Guantanamo prisoners to trial later said legally met the definition of torture (see August 8, 2002-January 15, 2003 and January 14, 2009). His file says, “Although publicly released records allege detainee was subject to harsh interrogation techniques in the early stages of detention,” his confessions “appear to be true and are corroborated in reporting from other sources.” Claims al-Khatani made regarding 16 other Guantanamo prisoners are mentioned in their files without any caveats about the interrogation methods used on him. [New York Times, 4/24/2011]
Some Prisoners Unjustly Held - Some prisoners appear to be clearly innocent, and yet they often were held for years before being released. Some prisoners are still being held even though their files indicate that their interrogators are not even sure of their identities. In some cases, prisoners were held for years not because they were suspected of any crime, but because it was thought they knew useful information. For instance, files show one prisoner was sent to Guantanamo because of what he knew about the secret service of Uzbekistan. [McClatchy Newspapers, 4/24/2011; New York Times, 4/24/2011] In a cruel twist of fate, one man, Jamal al-Harith, appears to have been imprisoned mainly because he had been imprisoned by the Taliban. His file states, “He was expected to have knowledge of Taliban treatment of prisoners and interrogation tactics.” [Guardian, 4/25/2011]
Prisoner Releases Based More on Luck than Evidence - The New York Times claims the determination of which prisoners were released has mostly been a “lottery” that was largely based on which country the prisoner came from. “Most European inmates were sent home, despite grave qualms on the analysts’ part. Saudis went home, even some of the most militant, to enter the rehabilitation program; some would graduate and then join al-Qaeda in the Arabian Peninsula. Yemenis have generally stayed put, even those cleared for release, because of the chaos in their country. Even in clearly mistaken arrests, release could be slow.” [New York Times, 4/24/2011] In 2009, the new Obama administration put together a task force that re-evaluated the 240 prisoners remaining at Guantanamo. However, these more recent assessments remain secret. [New York Times, 4/24/2011]

Entity Tags: WikiLeaks, Jamal al-Harith, US Military, Guantanamo Bay Naval Base, Mohamed al-Khatani, Barack Obama, Abu Zubaida

Timeline Tags: Complete 911 Timeline

Osama bin Laden’s killing by US forces on May 2, 2011 (see May 2, 2011) reignites the debate about the usefulness of the torture techniques used by US intelligence. The debate centers on how US intelligence learned about bin Laden’s location and whether the torture of prisoners helped find him.
Courier Provides the Key Lead - According to Obama administration officials, bin Laden was located through US intelligence agencies’ “patient and detailed intelligence analysis” of “a mosaic of sources,” including evidence garnered from detained inmates at Guantanamo Bay. The first clue to bin Laden’s whereabouts came when US intelligence learned of an al-Qaeda courier that worked with bin Laden, Ibrahim Saeed Ahmed, who used the pseudonym “Abu Ahmed al-Kuwaiti.” Ahmed is one of those killed during the Abbottabad raid. US intelligence had known of Ahmed since 2002, after a Kuwaiti detainee told interrogators about him, and it has taken this long for CIA and other intelligence officers to identify him, locate him, track his communications, and then follow him to the large and well fortified compound in Abbottabad.
Do Bush Administration Techniques Deserve Credit? - Some former Bush administration officials, such as former Defense Secretary Donald Rumsfeld and former Justice Department legal adviser John Yoo, claim that the Bush administration and not the Obama administration deserves the credit for finding bin Laden. According to a report in the Christian Science Monitor, “the former director of the CIA’s Counterterrorism Center, Jose Rodriguez, said the first important leads about Kuwaiti came from alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) and Abu Faraj al-Libbi, the third-ranking al-Qaeda leader at the time of his capture.” KSM was repeatedly waterboarded (see March 7 - Mid-April, 2003). [Christian Science Monitor, 5/5/2011] Former Attorney General Michael Mukasey states that the path to bin Laden “began with a disclosure from Khalid Shaikh Mohammed, who broke like a dam under the pressure of harsh interrogation techniques that included waterboarding. He loosed a torrent of information—including eventually the nickname of a trusted courier of bin Laden.” [Wall Street Journal, 5/2/2011]
Rebuttal from CIA Director Panetta - However, according to information in a letter CIA Director Leon Panetta sends to Senator John McCain, these assertions are false or misleading. In the letter, Panetta says: “Nearly 10 years of intensive intelligence work led the CIA to conclude that bin Laden was likely hiding at the compound in Abbottabad, Pakistan. There was no one ‘essential and indispensible’ key piece of information that led us to this conclusion. Rather, the intelligence picture was developed via painstaking collection and analysis. Multiple streams of intelligence—including from detainees, but also from multiple other sources—led CIA analysts to conclude that bin Laden was at this compound. Some of the detainees who provided useful information about the facilitator/courier’s role had been subjected to enhanced interrogation techniques. Whether those techniques were the ‘only timely and effective way’ to obtain such information is a matter of debate and cannot be established definitively. What is definitive is that that information was only a part of multiple streams of intelligence that led us to bin Laden. Let me further point out that we first learned about the facilitator/courier’s nom de guerre from a detainee not in CIA custody in 2002. It is also important to note that some detainees who were subjected to enhanced interrogation techniques attempted to provide false or misleading information about the facilitator/courier. These attempts to falsify the facilitator/courier’s role were alerting. In the end, no detainee in CIA custody revealed the facilitator/courier’s full true name or specific whereabouts. This information was discovered through other intelligence means.” [Washington Post, 5/16/2011]
Officials Says Torture Techinques Played No Role - Also, nine US military interrogators and intelligence officials state in an open letter: “The use of waterboarding and other so-called ‘enhanced’ interrogation techniques almost certainly prolonged the hunt for bin Laden and complicated the jobs of professional US interrogators who were trying to develop useful information from unwilling sources like Khalid Sheikh Mohammed. Reports say that Khalid Shaikh Mohammed and Abu Faraq al-Libi did not divulge the nom de guerre of a courier during torture, but rather several months later, when they were questioned by interrogators who did not use abusive techniques.” [Human Rights First, 5/4/2011]

Entity Tags: Jose Rodriguez, Jr., Khalid Shaikh Mohammed, Obama administration, Osama bin Laden, Leon Panetta, John C. Yoo, Michael Mukasey, Central Intelligence Agency, Ibrahim Saeed Ahmed, Abu Faraj al-Libbi, Donald Rumsfeld, Barack Obama, Al-Qaeda, Bush administration (43)

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

Eric Bolling, the host of the Fox Business Channel talk show Follow The Money, reads a list of people his viewers say they want waterboarded. The list includes President Obama. Bolling is doing a segment on his viewers’ reaction to the death of Osama bin Laden (see May 2, 2011), and insists, despite claims from Obama administration members and informed outsiders, that bin Laden was located “through waterboarding, simple as that” (see Autumn 2003, August 6, 2007, December 2-4, 2008, December 11, 2008, and March 29, 2009). (Later in the segment, some of his guests dispute that claim.) Bolling says he asked viewers who they wanted to see waterboarded. The respondents, through Facebook, named, among others: “Senate Dems… and then Obama… then the kooks on [the ABC morning talk show] ‘The View,’ starting with Joy” Behar; “Alan Colmes… [t]he secrets of the left-wing cabal will come pouring out of that boy”; “[m]y ex-wife!”; progressive talk show hosts Keith Olbermann and Rachel Maddow; and the far-right, virulently anti-gay Westboro Baptist Church. Bolling concludes the segment with some jocularity with his guests, and jokingly offers to be waterboarded himself. [Media Matters, 5/5/2011]

Entity Tags: Keith Olbermann, Barack Obama, Alan Colmes, Eric Bolling, Obama administration, Fox Business Channel, Westboro Baptist Church, Rachel Maddow, Osama bin Laden, Joy Behar

Timeline Tags: Torture of US Captives, Domestic Propaganda

In response to reported discussions by the Obama administration on the possible issuance of an executive order forcing government contractors to disclose their political contributions (see April 20, 2011), Republicans in the House and Senate introduce legislation that would block such an order. Representative Tom Cole (R-OK) already successfully added a rider to a defense authorization bill that would block the order. Cole says he hopes that the White House will rethink the proposed executive order in light of the opposition from Congressional Republicans. “I am hoping they’re having second thoughts,” he tells a reporter. “This is the executive branch trying to legislate and use a very powerful weapon to do it. And not just legislate, but it is the executive branch trying to intimidate, in my opinion.” In the House, Representatives Cole, Darrell Issa (R-CA), and Sam Graves (R-MO) are sponsoring legislation against the order, while in the Senate, Senators Susan Collins (R-ME), Lamar Alexander (R-TN), Rob Portman (R-OH), and Minority Leader Mitch McConnell (R-KY) are introducing similar legislation. The bills prohibit federal agencies from collecting political information from government contractors as a condition for receiving a government contract. Cole says though his amendment is in the defense bill, he wants to ensure that government contractors are able to keep their political expenditures out of the public eye. “This is one of those things you attack from as many angles and avenues as you possibly can, because it is so important,” he says. “This will get less scrutiny in that process, and it’s a lot easier for Democrats in the Senate to avoid or to kill. A bill is a big statement.” Senate Democrats are likely to vote down the bills. Fred Wertheimer of Democracy 21, an advocacy group that stands for stricter campaign finance laws, says the Republican bills are “continuation[s] of abandonment of campaign finance disclosure by House Republicans, which began last year.” Wertheimer is referring to the DISCLOSE Act, legislation that would have forced outside political groups to disclose their donors, but was blocked by Republicans from coming to a vote (see July 26-27, 2010). Conservative donor organizations such as the US Chamber of Commerce (see January 21-22, 2010, July 26, 2010, August 2, 2010, October 2010, November 1, 2010, and February 10, 2011) support the Republican legislation. The Republican-led House Administration Committee has scheduled a hearing on the draft order. [The Hill, 5/26/2011]

Entity Tags: Obama administration, Darrell E. Issa, DISCLOSE Act of 2010, Fred Wertheimer, Mitch McConnell, US Senate, US Chamber of Commerce, Robert Jones (“Rob”) Portman, Sam Graves, US House of Representatives, Lamar Alexander, Susan Collins, Thomas Jeffery Cole

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

Investigative journalist Robert Parry speaks at a conference in Heidelberg, Germany concerning the progression of journalism from the 1970s to the present. Parry tells the gathering that American investigative journalism may have hit something of a zenith in the 1970s, with the media exposure of the Pentagon Papers (see March 1971) and the Watergate scandal (see August 8, 1974). “That was a time when US journalism perhaps was at its best, far from perfect, but doing what the Founders had in mind when they afforded special protections to the American press,” he says. “In the 1970s, besides the Pentagon Papers and Watergate, there were other important press disclosures, like the My Lai massacre story and the CIA abuses—from Iran to Guatemala, from Cuba to Chile. For people around the world, American journalism was the gold standard. Granted, that was never the full picture. There were shortcomings even in the 1970s. You also could argue that the US news media’s performance then was exceptional mostly in contrast to its failures during the Cold War, when reporters tended to be stenographers to power, going along to get along, including early in the Vietnam War.” However, those days are long past, Parry notes, and in recent years, American journalism has, he says, gone “terribly wrong.” Parry says that the American press was subjected to an orchestrated program of propaganda and manipulation on a par with what the CIA did in many foreign countries: “Think how the CIA would target a country with the goal of shoring up a wealthy oligarchy. The agency might begin by taking over influential media outlets or starting its own. It would identify useful friends and isolate troublesome enemies. It would organize pro-oligarchy political groups. It would finance agit-prop specialists skilled at undermining and discrediting perceived enemies. If the project were successful, you would expect the oligarchy to consolidate its power, to get laws written in its favor. And eventually the winners would take a larger share of the nation’s wealth. And what we saw in the late 1970s and early 1980s in the United States was something like the behavior of an embattled oligarchy. Nixon’s embittered allies and the Right behaved as if they were following a CIA script. They built fronts; they took over and opened new media outlets; they spread propaganda; they discredited people who got in the way; ultimately, they consolidated power; they changed laws in their favor; and—over the course of several decades—they made themselves even richer, indeed a lot richer, and that, in turn, has translated into even more power.”
Building a Base - Right-wing billionaires such as the Koch brothers (see 1979-1980) and Richard Mellon Scaife, along with Nixon-era figures such as former Treasury Secretary William Simon (a Wall Street investment banker who ran the right-wing Olin Foundation) worked to organize conservative foundations; their money went into funding what Parry calls “right-wing media… right-wing think tanks… [and] right-wing attack groups. Some of these attack groups were set up to go after troublesome reporters.” Parry finds it ironic, in light of the CIA’s interference in the affairs of other nations, that two foreign media moguls, Sun Myung Moon and Rupert Murdoch, were key figures in building and financing this conservative media construct. Some media outlets, such as Fox News (see Summer 1970 and October 7, 1996), were created from scratch, while others, such as the venerable and formerly liberal New Republic, were bought out and taken over by conservatives. When Ronald Reagan ascended to the White House, Parry says, he brought along with him “a gifted team of [public relations] and ad men.” Vice President George H.W. Bush, a former CIA director, enabled access to that agency’s propaganda professionals. And Reagan named William Casey to head the CIA; Casey, a former Nixon administration official, was “obsessed [with] the importance of deception and propaganda,” Parry says. “Casey understood that he who controlled the flow of information had a decisive advantage in any conflict.”
Two-Pronged Attack - Two key sources of information for Washington media insiders were targeted, Parry says: the “fiercely independent” CIA analytical division, whose analyses had so often proven damaging to White House plans when reported, and the “unruly” Washington press corps. Casey targeted the CIA analysts, placing his young assistant, Robert Gates, in charge of the analytical division; Gates’s reorganization drove many troublesome analysts into early retirement, to be replaced with more malleable analysts who would echo the White House’s hard line against “Soviet expansionism.” Another Casey crony, Walter Raymond Jr., worked to corral the Washington press corps from his position on the National Security Council. Raymond headed an interagency task force that ostensibly spread “good news” about American policies in the foreign press, but in reality worked to smear and besmirch American journalists who the White House found troubling. According to Parry, “Secret government documents that later emerged in the Iran-Contra scandal revealed that Raymond’s team worked aggressively and systematically to lobby news executives and turn them against their reporters when the reporters dug up information that clashed with Reagan’s propaganda, especially in hot spots like Central America.” It was easy to discredit female journalists in Central America, Parry says; Raymond’s team would spread rumors that they were secretly having sexual liaisons with Communist officials. Other reporters were dismissed as “liberals,” a label that many news executives were eager to avoid. Working through the news executives was remarkably successful, Parry says, and it was not long before many Washington reporters were either brought to heel or marginalized.
'Perception Management' - Reagan’s team called its domestic propaganda scheme “perception management.” Parry says: “The idea was that if you could manage how the American people perceived events abroad, you could not only insure their continued support of the foreign policy, but in making the people more compliant domestically. A frightened population is much easier to control. Thus, if you could manage the information flows inside the government and inside the Washington press corps, you could be more confident that there would be no more Vietnam-style protests. No more Pentagon Papers. No more My Lai massacre disclosures. No more Watergates.” The New York Times and Washington Post, the newspapers that had led the surge of investigative reporting in the 1970s, were effectively muzzled during the Reagan era; Parry says that the two papers “became more solicitous to the Establishment than they were committed to the quality journalism that had contributed to the upheavals of the 1960s and 1970s.” The same happened at the Associated Press (AP), where Parry had attempted, with limited success, to dig into the Reagan administration’s Central American policies, policies that would eventually crystallize into the Iran-Contra scandal (see May 5, 1987). Few newspapers followed the lead of AP reporters such as Parry and Brian Barger until late 1986, when the Hasenfus air crash provided a news story that editors could no longer ignore (see October 5, 1986). But, Parry says, by the time of the Iran-Contra hearings, few news providers, including the Associated Press, had the stomach for another scandal that might result in another impeachment, particularly in light of the relentless pressure coming from the Reagan administration and its proxies. By June 1990, Parry says he understood “the concept of ‘perception management’ had carried the day in Washington, with remarkably little resistance from the Washington press corps.… Washington journalists had reverted to their pre-Vietnam, pre-Watergate inability to penetrate important government secrets in a significant way.” The process accelerated after 9/11, Parry says: “[M]any journalists reverted back their earlier roles as stenographers to power. They also became cheerleaders for a misguided war in Iraq. Indeed, you can track the arc of modern American journalism from its apex at the Pentagon Papers and Watergate curving downward to that center point of Iran-Contra before reaching the nadir of Bush’s war in Iraq. Journalists found it hard even to challenge Bush when he was telling obvious lies. For instance, in June 2003, as the search for WMD came up empty, Bush began to tell reporters that he had no choice but to invade because Saddam Hussein had refused to let UN inspectors in. Though everyone knew that Hussein had let the inspectors in and that it was Bush who had forced them to leave in March 2003, not a single reporter confronted Bush on this lie, which he repeated again and again right through his exit interviews in 2008” (see November 2002-March 2003, November 25, 2002, December 2, 2002, December 5, 2002, January 9, 2003, March 7, 2003, and March 17, 2003).
The Wikileaks Era and the 'Fawning Corporate Media' - Parry says that now, the tough-minded independent media has been all but supplanted by what former CIA analyst Ray McGovern calls the “Fawning Corporate Media.” This has increased public distrust of the media, which has led to people seeking alternative investigative and reporting methods. Parry comments that much of the real investigative journalism happening now is the product of non-professionals working outside the traditional media structure, such as Wikileaks (see February 15, 2007, 2008, and April 18, 2009). However, the independent media have not demonstrated they can reach the level of influence of institutions like the Washington Post and the New York Times. “[I]f we were assessing how well the post-Watergate CIA-style covert operation worked,” Parry says, “we’d have to conclude that it was remarkably successful. Even after George W. Bush took the United States to war in Iraq under false pretenses and even after he authorized the torture of detainees in the ‘war on terror,’ no one involved in those decisions has faced any accountability at all. When high-flying Wall Street bankers brought the world’s economy to its knees with risky gambles in 2008, Western governments used trillions of dollars in public moneys to bail the bankers out. But not one senior banker faced prosecution.… Another measure of how the post-Watergate counteroffensive succeeded would be to note how very well America’s oligarchy had done financially in the past few decades. Not only has political power been concentrated in their hands, but the country’s wealth, too.… So, a sad but—I think—fair conclusion would be that at least for the time being, perception management has won out over truth. But the struggle over information and democracy has entered another new and unpredictable phase.” [Consortium News, 5/15/2012]

Entity Tags: Fox News, David Koch, Washington Post, William Casey, William Simon, Central Intelligence Agency, Associated Press, The New Republic, Sun Myung Moon, Walter Raymond, Jr, Ronald Reagan, New York Times, George W. Bush, George Herbert Walker Bush, Rupert Murdoch, Robert Parry, Ray McGovern, Robert M. Gates, Olin Foundation, Charles Koch, Richard Mellon Scaife

Timeline Tags: Domestic Propaganda

Former Senator Russ Feingold (D-WI) says that the US Supreme Court’s recent summary reversal of a Montana Supreme Court decision to uphold Montana’s ban on corporate political spending (see June 25, 2012) proves that the US Supreme Court is actively working to dismantle representative democracy. Referring to the 2010 Citizens United case that formed the basis for the Court’s recent decision (see January 21, 2010), Feingold says: “This court had one fig leaf left after this one awful decision two years ago.” The justices could claim “they were politically naive or didn’t know what would happen when they overturned 100 years of law on corporate contributions.” But after the American Tradition Partnership decision that reversed the Montana high court, he says, “They have shown themselves wantonly willing to undo our democracy.” Feingold continues: “This is one of the great turning points, not only in campaign finance but also in our country’s history. I believe we’re in a constitutional crisis.” Feingold heads an anti-Citizens United group called Progressives United, which works to raise awareness about the effects of the decisions and to persuade Congress to overturn the decision via legislation. He says the Supreme Court has “clearly become… a partisan arm of corporate America. This is a real serious problem for our democracy. It’s essentially a court that rules in one direction.… [T]his court is no longer perceived as the independent arbiter of the law that the people expect them to be.” A recent study by the Constitutional Accountability Center shows that during the tenure of Chief Justice John Roberts, the US Chamber of Commerce, the nation’s most powerful business lobbying organization (see January 21-22, 2010, June 26-28, 2010, July 26, 2010, August 2, 2010, October 2010, and February 10, 2011), which filed a brief asking the Supreme Court to rule against the Montana high court (see April 30, 2012), has seen victory in 68 percent of the cases in which it has filed briefs, a much higher success record than in earlier years. Feingold wrote an article for the Stanford Law Review claiming that the 2006-2008 rise in small donor contributions spurred corporations and the Supreme Court to create the Citizens United decision (see June 14, 2012). Feingold says: “The corporate interest in America saw the face of democracy, and so what they did was engineer this decision. They used it as an excuse to stop citizen democracy in this country.” Nevertheless, Feingold is confident that grassroots organizations such as Progressives United and efforts in other venues, including Congress and the Obama administration, will eventually see Citizens United overturned. For now, he quotes his campaign finance reform partner, Senator John McCain, who recently said, “I promise you there will be huge scandals” (see March 27, 2012). Feingold says, “There already is a scandal.” [Huffington Post, 6/27/2012]

Entity Tags: Russell D. Feingold, Constitutional Accountability Center, John G. Roberts, Jr, Progressives United, John McCain, Obama administration, US Chamber of Commerce, US Supreme Court

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

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