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

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There were no pictures allowed of the Bush and Cheney joint testimony before the 9/11 Commission. Here are commissioners Thomas Kean, Fred Fielding, and Lee Hamilton preparing to begin the testimony.There were no pictures allowed of the Bush and Cheney joint testimony before the 9/11 Commission. Here are commissioners Thomas Kean, Fred Fielding, and Lee Hamilton preparing to begin the testimony. [Source: New York Times]President Bush and Vice President Dick Cheney appear for three hours of private questioning before the 9/11 Commission. (Former President Clinton and former Vice President Al Gore met privately and separately with the Commission earlier in the month.) [New York Times, 4/30/2004; Washington Post, 4/30/2004]
Testifying Together, without Oaths or Recordings - The Commission permits Bush and Cheney, accompanied by White House counsel Alberto Gonzales, to appear together, in private, and not under oath. Author Philip Shenon will comment that most of the commissioners think this is an “obvious effort… to ensure that the accounts of Bush and Cheney did not differ on the events of 9/11.” [Shenon, 2008, pp. 342-343] Their testimony is not recorded. Commissioners can take notes, but these are censored by the White House. [Knight Ridder, 3/31/2004; Newsweek, 4/2/2004; New York Times, 4/3/2004]
Questions Similar to Those Asked of Clinton - The Commission draws its questions from a previously-assembled list of questions for Bush and Cheney that Commission members have agreed to ask. According to commissioner Bob Kerrey: “It’s essentially the same set of questions that we asked President Clinton with one exception, which is just what happened on the day of September 11th. What was your strategy before, what was your strategy on September 11, and what allowed the FAA to be so surprised by a hijacking?” [Washington Post, 4/29/2004]
'Three Hours of Softballs' - After Bush starts the meeting with an apology for an attack by Attorney General John Ashcroft on commissioner Jamie Gorelick (see April 13-April 29, 2004), the Democratic commissioners are disarmed. Commissioner Slade Gorton will comment: “They knew exactly how to do this. They had us in the Oval Office, and they really pulled the talons and the teeth out of many of the Democratic questions. Several of my colleagues were not nearly as tough in the White House as they were when we went in that day.” Author Philip Shenon will call it “three hours of softballs.” Some of the toughest questions are asked by Republican John Lehman, who focuses on money allegedly passed by an acquaintance of the Saudi ambassador’s wife to two of the hijackers (see December 4, 1999). Lehman will say that Bush “dodged the questions.” [Shenon, 2008, pp. 343-345]
Cheney Says Little - Although the Commission’s Democrats are expecting Bush to defer to the vice president in his responses, reportedly Bush “thoroughly dominate[s] the interview.” Philip Zelikow, the Commission’s executive director, will later recall that Cheney only “spoke five percent of the time.” [Draper, 2007, pp. 292] According to four unnamed individuals that are in the room during the meeting, Cheney “barely spoke at all.” [Gellman, 2008, pp. 344] Gorelick will say: “There was no puppeteering by the vice president. He barely said anything.” [Shenon, 2008, pp. 344]
Early Departure - Two commissioners, Lee Hamilton and Bob Kerrey, leave the session early for other engagements. They will later say they had not expected the interview to last more than the previously agreed upon two-hour length. [Associated Press, 5/1/2004]
'Unalloyed Victory' for Bush - The press’ reaction is so positive that Shenon will call the meeting an “unalloyed victory” for Bush. [Shenon, 2008, pp. 345]

Entity Tags: George W. Bush, 9/11 Commission, Alberto R. Gonzales, Bob Kerrey, Philip Zelikow, Richard (“Dick”) Cheney, Jamie Gorelick, Philip Shenon, Lee Hamilton, Slade Gorton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A US intelligence analyst at Abu Ghraib tells military investigators that, as per a directive from Defense Secretary Rumsfeld (see December 2, 2002), it is “common that the detainees on [military intelligence] hold in [a facility known as the] hard site were initially kept naked and given clothing as an incentive to cooperate with us.” An interrogator tells the investigators that it is “common to see detainees in cells without clothes or naked,” and says it is “one of our approaches.” Enforced nudity is a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

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

Entity Tags: Andrew Sullivan, George W. Bush

Timeline Tags: Torture of US Captives

The CIA’s inspector general, John Helgerson, releases a highly classified report from his office that examines allegations of torture from the time period between September 2001 (after the 9/11 attacks, when the CIA first began detaining suspected terrorists and informants) and October 2003. In the report, Helgerson warns that some aggressive interrogation techniques approved for use by the CIA since early 2002 (see Mid-March 2002) might violate some provisions of the international Convention Against Torture (see October 21, 1994). The report doubts the Bush administration position that the techniques do not violate the treaty because the interrogations take place overseas on non-US citizens. It will be released, in heavily redacted form, to the public in August 2009 (see August 24, 2009). From what becomes known of the report’s contents, the CIA engaged in a number of illegal and ethically questionable tactics on the part of its interrogators. Some of these tactics include the use of handguns, power drills, threats, smoke, and mock executions. Many of the techniques used against detainees were carried out without authorization from higher officials. The report says that the CIA’s efforts to provide “systematic, clear, and timely guidance” to interrogators were “inadequate at first” and that that failure largely coincided with the most significant incidents involving the unauthorized coercion of detainees, but as guidelines from the Justice Department accumulated over several years, oversight “improved considerably.” The report does not conclude that the techniques reviewed constitute torture, but it does find that they appear to constitute cruel, inhuman, and degrading treatment under the Convention. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 11/9/2005; MSNBC, 8/24/2009; Washington Post, 8/24/2009]
Physical Abuse - The report defines torture as an act “intended to inflict severe physical or mental pain and suffering.” It then begins detailing such acts. Incidents of physical abuse include:
bullet One incident caused the death of an Afghani detainee. According to the report: “An agency independent contractor who was a paramilitary officer is alleged to have severely beaten the detainee with a large metal flashlight and kicked him during interrogation sessions. The detainee died in custody.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009] In a 2009 statement, Helgerson will write: “In one extreme case, improvisation took a disastrous turn when an agency contractor in rural Afghanistan—acting wholly outside the approved program and with no authorization or training—took it upon himself to interrogate a detainee. This officer beat the detainee and caused his death. Following an investigation of the incident, this contract employee was convicted of assault and is now in prison.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet Waterboarding was routinely used, in a manner far exceeding previously issued guidelines. Interrogators “continuously applied large volumes of water,” and later explained that they needed to make the experience “more poignant and convincing.” The CIA interrogators’ waterboarding technique was far more aggressive than anything used in military survival training such as the SERE program (see December 2001). Eventually, the agency’s Office of Medical Services criticized the waterboarding technique, saying that the “frequency and intensity” with which it was used could not be certified as “efficacious or medically safe.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009] The report refers in particular to the treatment of 9/11 mastermind Khalid Shaikh Mohammed (KSM), who was reportedly waterboarded more than once (see Shortly After February 29 or March 1, 2003). Waterboarding is considered torture and is illegal in the US. The report also raises concern that the use of these techniques could eventually cause legal troubles for the CIA officers who used them. [New York Times, 11/9/2005]
Helgerson will write: “We found that waterboarding had been utilized in a manner that was inconsistent with the understanding between CIA and the Department of Justice. The department had provided the agency a written legal opinion based on an agency assurance that although some techniques would be used more than once, repetition would ‘not be substantial.’ My view was that, whatever methodology was used to count applications of the waterboard, the very large number of applications to which some detainees were subjected led to the inescapable conclusion that the agency was abusing this technique.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet In July 2002, a CIA officer used a “pressure point” technique “with both of his hands on the detainee’s neck, the officer manipulated his finger to restrict the detainee’s carotid artery.” The carotid artery supplies the brain with oxygenated blood; such “manipulat[ion]” could lead to unconsciousness or even death. A second officer “reportedly watched his eyes to the point that the detainee would nod and start to pass out. Then the officer shook the detainee to wake him. This process was repeated for a total of three applications on the detainee.”
bullet A technique routinely used by CIA interrogators was the “hard takedown,” which involves an interrogator grabbing a detainee and slamming him to the floor before having the detainee moved to a sleep-deprivation cell. One detainee was hauled off his feet by his arms while they were bound behind his back with a belt, causing him severe pain.
bullet Another routinely used technique is “water dousing,” apparently a variant of waterboarding, in which a detainee is laid on a plastic sheet and subjected to having water sluiced over him for 10 to 15 minutes. The report says that at least one interrogator believed the technique to be useful, and sent a cable back to CIA headquarters requesting guidelines. A return cable explained that a detainee “must be placed on a towel or sheet, may not be placed naked on the bare cement floor, and the air temperature must exceed 65 degrees if the detainee will not be dried immediately.”
- - Detainee Abd al-Rahim al-Nashiri, suspected of plotting the 2000 bombing of the USS Cole (see October 12, 2000), was repeatedly “bathed” with hard-bristled scrub brushes in order to inflict pain. The brushes caused abrasions and bleeding. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Helgerson will write: “Agency officers who were authorized to detain and interrogate terrorists sometimes failed in their responsibilities. In a few cases, agency officers used unauthorized, threatening interrogation techniques. The primary, common problem was that management controls and operational procedures were not in place to avoid the serious problems that arose, jeopardizing agency employees and detainees alike.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Mental Abuse - Numerous instances of mental and emotional abuse were also documented.
bullet In 2002, interrogators staged a mock execution to intimidate a detainee. CIA officers began screaming outside the room where the detainee was being interrogated. When leaving the room, he “passed a guard who was dressed as a hooded detainee, lying motionless on the ground, and made to appear as if he had been shot to death.” The report says that after witnessing this performance, the detainee “sang like a bird.”
bullet Handguns and power drills were used to threaten detainees with severe bodily harm or death. One such instance involved al-Nashiri. An American, whose name is not released but who is identified as not being a trained interrogator and lacking authorization to use “enhanced methods,” used a gun and a power drill to frighten him. The American pointed the gun at al-Nashiri’s head and “racked” a round in the chamber. The American also held a power drill near al-Nashiri and revved it, while al-Nashiri stood naked and hooded. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
In 2009, reporter David Ignatius will say he finds the “image of a CIA interrogator standing with a power drill next to somebody he’s interrogating… particularly horrific, because that’s a technique that’s been used in torturing people in Iraq.” [PBS, 8/24/2009]
bullet A CIA interrogator told al-Nashiri that if he did not cooperate with his captors, “we could get your mother in here” and “we can bring your family in here.” The report says that the interrogator wanted al-Nashiri to infer for “psychological” reasons that his female relatives might be sexually abused. The interrogator has denied actually threatening to sexually abuse al-Nashiri’s mother or other relatives.
bullet An interrogator threatened the lives of one detainee’s children. According to the report, an “interrogator said to Khalid Shaikh Mohammed that if anything else happens in the United States, quote, ‘we’re going to kill your children.’” According to the report, the debriefer was trying to exploit a belief in the Middle East that interrogation techniques included sexually abusing female relatives in front of the detainees. It was during these same interrogation sessions that Mohammed was waterboarded 183 times in a single month (see April 16, 2009). [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
Fear of Recriminations - According to the report, there was concern throughout the agency over the potential legal consequences for agency officers. Officers “expressed unsolicited concern about the possibility of recrimination or legal action” and said “they feared that the agency would not stand behind them,” according to the report. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009] According to the report, CIA personnel “are concerned that public revelation” of the program will “seriously damage” personal reputations as well as “the reputation and effectiveness of the agency itself.” One officer is quoted as saying he could imagine CIA agents ending up before the World Court on war crimes charges. “Ten years from now, we’re going to be sorry we’re doing this,” another officer said. But “it has to be done.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009] Helgerson will write: “This review of the agency’s early detention and interrogation activities was undertaken in part because of expressions of concern by agency employees that the actions in which they were involved, or of which they were aware, would be determined by judicial authorities in the US or abroad to be illegal. Many expressed to me personally their feelings that what the agency was doing was fundamentally inconsistent with long established US government policy and with American values, and was based on strained legal reasoning. We reported these concerns.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Recommendations - The report lists 10 recommendations for changes in the treatment of detainees, but it will not be reported what these are. Eight of the recommendations are apparently later adopted. Former CIA assistant general counsel John Radsan will later comment, “The ambiguity in the law must cause nightmares for intelligence officers who are engaged in aggressive interrogations of al-Qaeda suspects and other terrorism suspects.” [New York Times, 11/9/2005]
Approval, Contradictory Statements by Attorney General - The report says that Attorney General John Ashcroft approved all of these actions: “According to the CIA general counsel, the attorney general acknowledged he is fully aware of the repetitive use of the waterboard and that CIA is well within the scope of the DOJ opinion that the authority given to CIA by that opinion. The attorney general was informed the waterboard had been used 119 times on a single individual.” In 2009, reporter Michael Isikoff will say that the contents of the report “conflict… with the public statements that have been made over the years by Bush administration officials and CIA directors.” In 2007, then-CIA Director Michael Hayden will tell the Council on Foreign Relations that the agency’s detention and interrogation program was “very carefully controlled and lawfully conducted—has been carefully controlled and lawfully conducted.” Isikoff will say, “It’s kind of hard to square that with… what was in the CIA inspector general report that had been presented five years ago in 2004.” [Central Intelligence Agency, 5/7/2004 pdf file; MSNBC, 8/25/2009]
Questions of Effectiveness - The report does document that some interrogations obtained critical information to identify terrorists and stop potential plots, and finds that some imprisoned terrorists provided more information after being exposed to brutal treatment (see August 24, 2009). It finds that “there is no doubt” that the detention and interrogation program itself prevented further terrorist activity, provided information that led to the apprehension of other terrorists, warned authorities of future plots, and helped analysts complete an intelligence picture for senior policymakers and military leaders. But whether the harsh techniques were effective in this regard “is a more subjective process and not without some concern,” the report continues. It specifically addresses waterboarding as an illegal tactic that is not shown to have provided useful information. “This review identified concerns about the use of the waterboard, specifically whether the risks of its use were justified by the results, whether it has been unnecessarily used in some instances,” the report reads, and notes that in many instances, the frequency and volume of water poured over prisoners’ mouths and noses may have exceeded the Justice Department’s legal authorization. In the instance of detainee Abu Zubaida, the report finds, “It is not possible to say definitively that the waterboard is the reason for Abu [Zubaida]‘s increased production [of intelligence information], or if another factor, such as the length of detention, was the catalyst.” In 2009, Isikoff will note that the effectiveness of torture is not clarified by the report. “As you know, Vice President [Dick] Cheney and others who had defended this program have insisted time and again that valuable intelligence was gotten out of this program. You could read passages of this report and conclude that that is the case, that they did get—some passages say important intelligence was gotten. But then others are far more nuanced and measured, saying we don’t really know the full story, whether alternative techniques could have been used.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Cheney Blocked Report's Completion - Reporter Jane Mayer later learns that Cheney intervened to block Helgerson from completing his investigation. Mayer will write that as early as 2004, “the vice president’s office was fully aware that there were allegations of serious wrongdoing in the [interrogation] program.” Helgerson met repeatedly and privately with Cheney before, in Mayer’s words, the investigation was “stopped in its tracks.” She will call the meetings “highly unusual.” In October 2007, CIA Director Michael Hayden will order an investigation of Helgerson’s office, alleging that Helgerson was on “a crusade against those who have participated in controversial detention programs.” [Public Record, 3/6/2009]

Entity Tags: Office of Medical Services (CIA), International Criminal Court, Jane Mayer, John Helgerson, David Ignatius, John Radsan, John Ashcroft, Convention Against Torture, Abu Zubaida, Bush administration (43), US Department of Justice, Richard (“Dick”) Cheney, Central Intelligence Agency, Michael Hayden, Abd al-Rahim al-Nashiri, Khalid Shaikh Mohammed, Michael Isikoff

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A Pentagon report determines that conditions at the detention facilities at Guantanamo Bay, Cuba, and Charleston, South Carolina used to house “enemy combatants” are problematic at best. The facilities house three designated enemy combatants: Jose Padilla (see May 8, 2002), Yaser Esam Hamdi (see December 2001), and Ali Saleh Kahlah al-Marri (see December 12, 2001). The report, entitled “Brief to the Secretary of Defense on Treatment of Enemy Combatants Detained at Naval Station Guantanamo Bay, Cuba, and Naval Consolidated Brig Charleston,” is written by the Navy’s Vice Admiral A.T. Church III and by Marine Brigadier General D.D. Thiessen. The focus of the report is to “[e]nsure Department of Defense orders concerning proper treatment of enemy combatants.” The report documents extensive problems at both locations. It cites the following as some of the problems:
bullet “One detainee has Koran removed from cell as part of JFCOM [Joint Forces Command] interrogation plan. Muslim chaplain not available.”
bullet “One detainee in Charleston has mattress removed as part of JFCOM-approved interrogation plan.”
bullet “One detainee in each location currently not authorized ICRC [Red Cross] visits due to interrogation plans in progress.”
bullet “One detainee in Charleston has Koran, mattress, and pillow removed and is fed cold MREs as part of interrogation plan.” This citation has a footnote that reads, “After completion of current interrogation,” removal of the Koran as an incentive to answer questions “will no longer be used at Charleston.”
bullet “Limited number and unique status of detainees in Charleston precludes interaction with other detainees. Argument could be made that this constitutes isolation.”
bullet At the Charleston brig, “Christian chaplain used to provide socialization, but could be perceived as forced proselytization.”
Nonetheless, the report concludes, “No evidence of noncompliance with DoD orders at either facility.” The authors assume that “treatment provided for in presidential and SECDEF orders constitutes ‘humane treatment.’” [Progressive, 3/2007] When Church presents his report to journalists (see May 12, 2004), he says he only found eight “minor infractions.”

Entity Tags: US Department of Defense, Jose Padilla, D.D. Thiessen, Ali Saleh Kahlah al-Marri, Albert T. Church III, Yaser Esam Hamdi

Timeline Tags: Torture of US Captives

The New York Times learns that FBI Director Robert Mueller has ordered FBI interrogators to stay out of CIA-led interrogations of suspected al-Qaeda members. Mueller, and many FBI officials, believe the CIA’s interrogation tactics are too brutal and violate domestic and international laws. Mueller and other FBI officials have objected to the use of techniques such as waterboarding, as well as forced starvation, forced drugging, and beatings. FBI officials told Mueller that the techniques would be prohibited in criminal cases. Some CIA officers are worried that public outrage over the recent revelations of prisoner abuse at Baghdad’s Abu Ghraib prison might lead to a closer examination of the agency’s treatment of al-Qaeda prisoners. “Some people involved in this have been concerned for quite a while that eventually there would be a new president, or the mood in the country would change, and they would be held accountable,” one says. “Now that’s happening faster than anybody expected.” [BBC, 5/13/2004] In 2008, a Justice Department investigation (see May 20, 2008) will reveal that sometime in mid-2002, the FBI’s then-assistant director for counterterrorism, Pasquale D’Amuro, ordered FBI agents at Guantanamo to stop participating in interrogations and leave the facility. D’Amuro brought the issue to Mueller’s attention; according to the Justice Department report, D’Amuro “stated that his exact words to Mueller were ‘we don’t do that’ and that someday the FBI would be called to testify and he wanted to be able to say that the FBI did not participate in this type of activity.” D’Amuro was concerned that the use of such aggressive interrogation techniques “failed to take into account an ‘end game.’” The report will continue: “D’Amuro stated that even a military tribunal would require some standard for admissibility of evidence. Obtaining information by way of ‘aggressive’ techniques would not only jeopardize the government’s ability to use the information against the detainees, but also might have a negative impact on the agents’ ability to testify in future proceedings.” Mueller agreed with D’Amuro and issued what became a “bright line rule” barring FBI agents from participating in CIA and military interrogations involving such methods. [Newsweek, 5/20/2008]

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Robert S. Mueller III, Pasquale D’Amuro, US Department of Justice

Timeline Tags: Torture of US Captives

Radio host Glenn Beck, whose conservative talk show is aired by syndicated program provider Clear Channel, rails against Michael Berg, whose son Nick Berg was recently executed by militant Iraqis (see March 24-May 11, 2004). Beck, like his fellow radio conservatives Sean Hannity and Michael Savage, has aired the audio of Berg’s execution on his show in recent days. After his son’s death, Michael Berg criticized the Bush administration’s handling of the war in Iraq; for doing so, Beck calls him “despicable” and “a scumbag.” On his show, Beck directs a question at Berg: “Can you let your son’s body become the same temperature as your son’s head before you turn this into a political campaign against the president—could you do that?” Beck says he would say the same about Michael Berg if he were “a Republican and a supporter of the war and rah-rah George W. Bush and whatever.” He says he refuses to “fake” any sympathy for Berg because of Berg’s criticism of President Bush and the war effort. “I find this guy despicable,” he says. “Everything in me says that. The ‘want to be a better person today than I was yesterday’ says he’s a dad, he’s grieving, but I don’t buy that. I’m sorry, I don’t buy it. I think he is grieving, but I think he’s a scumbag as well. I don’t like this guy at all.” [Media Matters, 5/17/2004]

Entity Tags: Michael Savage, Bush administration (43), Nick Berg, Glenn Beck, Sean Hannity, Michael Berg

Timeline Tags: Domestic Propaganda

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

Entity Tags: John Farmer, 9/11 Commission, Rudolph (“Rudy”) Giuliani

Timeline Tags: Complete 911 Timeline

Rene Lerner, a deputy assistant attorney general in the Office of Legal Counsel (OLC), and Justice Department lawyer Adrien Silas send a memo to Assistant Attorney General William Moschella. The memo will remain classified, but the American Civil Liberties Union (ACLU) will learn that it pertains to the so-called “McCain Amendment,” later known as the Detainee Treatment Act (see December 15, 2005). President Bush will sign the bill into law, but will include a signing statement that states the administration will not follow the law because it impinges on the president’s constitutional authority to conduct military operations (see December 30, 2005). It is unclear whether Bush’s signing statement is influenced by the memo. [ProPublica, 4/16/2009]

Entity Tags: Detainee Treatment Act, Adrien Silas, American Civil Liberties Union, US Department of Justice, Rene Lerner, Office of Legal Counsel (DOJ), George W. Bush, William E. Moschella

Timeline Tags: Civil Liberties

Attorney General John Ashcroft again invokes the “state secrets” privilege (see March 9, 1953), forbidding former FBI translator Sibel Edmonds from testifying in a case brought by hundreds of families of September 11 victims (see October 18, 2002). [New York Times, 5/20/2004] Four weeks earlier, on April 26, the Justice Department had obtained a temporary court order preventing her from testifying before the court. [Independent, 4/2/2004; Government Executive, 4/30/2004] The families, represented by the law firm Motley-Rice, allege that a number of banks and two members of the Saudi royal family provided financial support to al-Qaeda. [New York Times, 5/20/2004] Ashcroft’s order retroactively classifies information it provided Senators Chuck Grassley and Patrick Leahy (see June 17, 2002) concerning former FBI translator Sibel Edmonds and her allegations. Among the documents to be “reclassified” are the follow-up letters sent by Grassley and Leahy to the FBI which they posted on their website. Their staff members are prohibited from discussing the information, even though it is now public knowledge. The order bars Edmonds from answering even simple questions like, “When and where were you born?” “What languages do you speak?” and “Where did you go to school?” [New York Times, 5/20/2004; Boston Globe, 7/5/2004; Asia Times, 8/6/2004; Vanity Fair, 9/2005] In response to the announcement, Grassley says: “I think it’s ludicrous, because I understand that almost all of this information is in the public domain and has been very widely available. This classification is very serious, because it seems like the FBI would be attempting to put a gag order on Congress.” [New Republic, 6/7/2004]

Entity Tags: US Department of Justice, Sibel Edmonds, Charles Grassley, Patrick J. Leahy

Timeline Tags: Complete 911 Timeline, Civil Liberties

Mohdar Abdullah is quietly deported to Yemen after spending nearly three years in US prisons. Abdullah was arrested shortly after 9/11 and held as a material witness. He was eventually charged with an immigration violation. He pled guilty to lying on an asylum application and then served a six-month sentence. However, he chose to remain imprisoned so he could fight deportation. He is a Yemeni citizen, and the US wanted to deport him to Yemen, but the Yemeni government would not take him. According to his lawyer, Yemen twice refused to admit him and only finally agreed after intense pressure from the US State Department. [San Diego Union-Tribune, 5/26/2004]
Suspicious Links to 9/11 Hijackers - Officials said in court documents that Abdullah regularly dined and prayed with 9/11 hijackers Nawaf Alhazmi, Khalid Almihdhar, and Hani Hanjour. Additionally, he helped Alhazmi and Almihdhar adjust to life in the US in a variety of ways, including help with: interpreting, computer use, finding a job, finding a place to live, obtaining Social Security cards, and obtaining driver licenses. He also worked with Alhazmi at a gas station where many other radical Islamists worked, including some who had been investigated by the FBI (see Autumn 2000). [San Diego Union-Tribune, 5/26/2004; San Diego Union-Tribune, 6/2/2004]
9/11 Commission Not Allowed to Interview Him before Deportation - The 9/11 Commission’s work is almost done by the time that Abdullah is deported; its final report will be released two months later. However, the Commission is not allowed to interview Abdullah even though he is being held in a US prison (and not in Guantanamo or some secret overseas prison). 9/11 Commission co-chair Tom Kean will later say, “He should not have been let out of the country when the 9/11 Commission wanted to interview him.” Kean will not comment on why the Commission does not or is not able to interview him before his deportation. [MSNBC, 9/8/2006]
Justice Department Will Not Delay Deportation to Help Investigation - In late 2003, new evidence emerged that Abdullah may have had foreknowledge of the 9/11 attacks. But US prosecutors decided not to charge him based on that new evidence, and the Justice Department does not even try to delay his deportation to allow investigators time to pursue the new leads (see September 2003-May 21, 2004).
FBI Will Reopen Investigation into Abdullah - The new evidence suggested that Abdullah may have learned about the 9/11 attack plans as early as the spring of 2000 (see Early 2000). He also seemed to show foreknowledge of the attacks shortly before they occurred (see Late August-September 10, 2001). By October 2004, it will be discovered that he cased the Los Angeles airport with Alhazmi and an unknown man (see June 10, 2000), and this revelation will cause the FBI to reopen its investigation into him—after he is deported (see September 2003-May 21, 2004). In September 2006, it will be reported that the investigation is still continuing. [MSNBC, 9/8/2006]

Entity Tags: Nawaf Alhazmi, Federal Bureau of Investigation, 9/11 Commission, Hani Hanjour, Mohdar Abdullah, US Department of State, Khalid Almihdhar, Thomas Kean, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

At the end of May, more than a week after the German’s visit (see Mid-May 2004), [Guardian, 1/14/2005] Khalid el-Masri is cuffed, blindfolded, and put on a small jet. After a bus ride of six or seven hours, he is left on the side of the road. He follows the instruction of a man who tells him to walk in a certain direction and arrives at a border crossing, which he discovers is in northern Albania close to the Macedonian border. Three Albanian border officers await him. When El-Masri tells them of his five months in captivity, one of them starts to laugh. He says, according to El-Masri, “Don’t tell that story to anyone because no one will believe it. Everyone will laugh.” El-Masri is then handed back the belongings that were taken from him on the first day of his captivity in Macedonia (see December 31, 2003-January 23, 2004), including his passport and money. His passport is then stamped with the date of May 29, 2004. He returns to Germany on June 3. [New York Times, 1/9/2005]

Entity Tags: Khalid el-Masri

Timeline Tags: Torture of US Captives

Alfred Frances Bikowsky (see September 21, 2011), the CIA officer responsible for the wrongful rendition and torture of the innocent German Khalid el-Masri (see Before January 23, 2004 and January 23 - March 2004), is promoted at some point after el-Masri is released from prison (see May 29, 2004). Writing in 2008, author Jane Mayer will say Bikowsky is appointed to “a top post handling sensitive matters in the Middle East.” [New York Review of Books, 8/14/2008] A February 2011 Associated Press article will state that at that time Bikowsky is head of the agency’s Global Jihad Unit, so presumably the promotion is to the position of head of this unit. [Associated Press, 2/9/2011]

Entity Tags: Global Jihad Unit, Central Intelligence Agency, Alfreda Frances Bikowsky

Timeline Tags: Torture of US Captives

David Ottaway.David Ottaway. [Source: AAAS.org]According to the Oregon branch of the Islamic charitable organization the Al-Haramain Islamic Foundation, Washington Post reporter David Ottaway receives a classified document that is evidence of illegal surveillance by the National Security Agency. The document shows that the NSA illegally intercepted telephone conversations and e-mails between Al Haramain officials in Oregon and Washington, DC. The document, dated May 24, 2004 and marked “Top Secret,” is accidentally provided to Al Haramain by Treasury Department officials that same month; Al Haramain quickly turns the document over to Ottoway, who is researching Islamic groups and individuals labeled as terrorists by the US government and are attempting to prove their innocence. Instead of reporting on the document, Ottaway will return it to the FBI when that organization demands it back in November 2004. In February 2006, Al Haramain will sue the Bush administration for illegally spying on it (see February 28, 2006) as part of its warrantless wiretapping program (see After September 11, 2001 and December 15, 2005). The Treasury Department has been investigating the charitable organization for possible ties to terrorism, and designated the group as a terrorist organization. The FBI will approach the organization and then Ottaway himself, demanding that all copies of the document be returned and threatening them with prosecution if the contents are revealed. Ottaway will consult with Post editors and lawyers, who will conclude, according to Ottaway, “that it was not relevant to what I was working on at the time.” Post executive editor Leonard Downie, Jr., will defend the decision, saying, “At the time we had this document, it was before we had any knowledge of the eavesdropping program. Without that knowledge, the document provided no useful information. At the time, all we knew was that this document was not relevant to David’s reporting.” [Washington Post, 3/3/2006]

Entity Tags: US Department of the Treasury, Washington Post, Leonard Downie, Jr., Al Haramain Islamic Foundation (Oregon branch), Bush administration (43), National Security Agency, David Ottaway, Federal Bureau of Investigation

Timeline Tags: Civil Liberties, Domestic Propaganda

In November 2002, as the 9/11 Congressional Inquiry was finishing its investigation, it formally asked for a report by the CIA to determine “whether and to what extent personnel at all levels should be held accountable” for the failure to stop the 9/11 attacks. [New York Times, 9/14/2004] The CIA report by the agency’s inspector general is completed in June 2004. Newsweek calls the report “hard-hitting” and says it “identifies a host of current and former officials who could be candidates for possible disciplinary procedures imposed by a special CIA Accountability Board.” [Newsweek, 10/24/2004] While the 9/11 Congressional Inquiry and 9/11 Commission Reports didn’t single out individuals for blame, this one does, and it is said to find “very senior-level officials responsible. Those who have read the classified report say that it faults about 20 intelligence officials, including former CIA Director George Tenet, his former Deputy Director of Operations James Pavitt, and the former head of the CIA’s Counter Terrorism Center Cofer Black. Tenet in particular is faulted for focusing too little attention on combating al-Qaeda as a whole in the years prior to 9/11.” [Los Angeles Times, 10/19/2004; Los Angeles Times, 10/6/2005; Washington Post, 10/6/2005] The report is submitted to John McLaughlin, interim acting CIA Director, but he returns it to the inspector general with a request “for more information.” [New York Times, 9/14/2004] It continues to remain completely classified, and even the 9/11 Commissioners (who all have high level security clearances) are not allowed to see it before they complete their own 9/11 investigation. [Newsweek, 10/24/2004] In late September 2004, Peter Hoekstra (R-MI) and Jane Harman (D-CA), chairman and highest ranking Democrat of the House Intelligence Committee respectively, send a letter to the CIA. [New York Times, 10/27/2004] They request that at least their committee, as the oversight committee that originally mandated the creation of the report, be allowed to see the report. But even this committee and the Senate Intelligence Committee are not allowed to see it. One anonymous official who has read the report tells the Los Angeles Times, “It is infuriating that a report which shows that high-level people were not doing their jobs in a satisfactory manner before 9/11 is being suppressed.… The report is potentially very embarrassing for the administration, because it makes it look like they weren’t interested in terrorism before 9/11, or in holding people in the government responsible afterward.” This official says the report has been deliberately stalled, first by John McLaughlin, then by Porter Goss, his replacement as CIA Director. (Ironically, Goss was the co-chairman of the 9/11 Congressional Inquiry that originally called for the report.) This official further notes that the only legal and legitimate reason the CIA can give for holding back such a report is national security, yet this reason has not been invoked. The official claims that Goss is “basically sitting on the report until after the [November 2004 Presidential] election. No previous director of CIA has ever tried to stop the inspector general from releasing a report to the Congress, in this case a report requested by Congress.” [Los Angeles Times, 10/19/2004; Los Angeles Times, 10/20/2004] One anonymous CIA official says, “Everybody feels it will be better off if this hits the fan after the election.” [Newsweek, 10/24/2004] The previously mentioned official speaking to The Los Angeles Times comments that the successful delay of the report’s release until after the election has “led the management of the CIA to believe it can engage in a cover-up with impunity.” [Los Angeles Times, 10/19/2004] More details of the report are revealed to the media in January 2005.(see January 7, 2005). In October 2005, CIA Director Porter Goss will announce that he is not going to release the report, and also will not convene an accountability board to hold anyone responsible.(see October 10, 2005).

Entity Tags: Jane Harman, John E. McLaughlin, Central Intelligence Agency, Peter Hoekstra, Porter J. Goss, 9/11 Congressional Inquiry

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

Citing personal reasons, CIA Director George Tenet announces he will be stepping down in the next month. President Bush praises Tenet’s service, but there is widespread agreement that significant intelligence failures occurred during his tenure, most strikingly 9/11 itself. Sources also suggest that Tenet, originally a Clinton appointee, has been made a convenient scapegoat for Bush administration intelligence failures in Iraq and elsewhere. [CNN, 6/4/2004; Independent, 6/4/2004] Tenet and the Bush administration are expecting harsh criticism from several reports expected to find serious failures in intelligence gathering and analysis related to the 9/11 attacks. Most damaging is an upcoming Senate Intelligence Committee report expected to single out the CIA for errors in its judgments before the Iraq war (see June-November 2004). Committee chairman Pat Roberts (R-KS) has warned the administration that the report will be so harsh that questions will be raised as to whether senior CIA officials should be held accountable. Tenet will be replaced by Deputy Director John McLaughlin until a replacement is named, and will eventually be replaced by Porter Goss (see September 24, 2004). A friend of Tenet’s, former Deputy Director Richard Kerr, says that Tenet “may have believed that he was hurting the president. He’s an honorable person, and he may have had that as a consideration.” Former Democratic senator David Boren, a close friend and mentor of Tenet’s, says Tenet is not leaving because of criticisms likely to be leveled at either him or the agency: “If criticism either actual or anticipated was a factor, he would have left a long time ago. It’s been months of his desiring to leave.” Bush has asked Tenet to remain in the job several times over the past few months. When Tenet told Bush of his intentions to leave on June 2, Bush asked him to stay through the end of the year. Tenet replied that summer is a natural break point and a good time for him to depart. All the camaraderie and mutual praise between the two men aside, many believe that Tenet is departing in part because he is seen as a possible political liability for Bush. Senator Richard Shelby (R-AL) says, “I don’t think there are any tears over there” in the White House over Tenet’s departure. Former Senator Bob Graham (D-FL) believes that Tenet was in some way pushed to leave. “This president has been enamored of George Tenet, and has been reluctant to hold him or anyone else accountable, and that failure was becoming a bigger and bigger liability,” he says. According to Graham, Bush announces Tenet’s resignation for his own political well-being, “under circumstances where he is at the crime scene as short as possible.” Apparently, senior White House officials such as Vice President Dick Cheney and Secretary of State Colin Powell learn of Tenet’s resignation just a few moments before it is announced to the press. Two Congressmen who knew last night of the resignation were Goss (R-FL) and John Warner (R-VA), the chairmen of the House Intelligence and Senate Armed Services Committees, respectively. [New York Times, 6/4/2004]

Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Richard Shelby, Pat Roberts, Richard Kerr, Porter J. Goss, John E. McLaughlin, George W. Bush, John W. Warner, Bush administration (43), Central Intelligence Agency, Daniel Robert (“Bob”) Graham, David Boren, Colin Powell, George J. Tenet

Timeline Tags: Complete 911 Timeline, Iraq under US Occupation

During the annual G-8 economic summit, held in Sea Island, Georgia [2004 G8 Summit, 2004] , President Bush rejects the notion that he approved the use of torture. “The authorization I gave,” the president says, “was that all we did should be in accordance with American law and consistent with our international treaty obligations. That’s the message I gave our people.” He adds, “What I authorized was that we stay within the framework of American law.” And to emphasize his point, he says: “Listen, I’ll say it one more time.… The instructions that were given were to comply with the law. That should reassure you. We are a nation of laws. We follow the law. We have laws on our books. You could go look at those laws and that should reassure you.” [US President, 6/21/2004] During the summit, the foreign ministers of the participating countries are suddenly called to Washington to meet with Bush and Secretary of State Colin Powell. As Canadian Foreign Minister Bill Graham will later recall: “Colin suddenly phoned us all up and said, ‘We’re going to the White House this morning.’ Now, this is curious, because normally the heads of government don’t give a damn about foreign ministers. We all popped in a bus and went over and were cordially received by Colin and President Bush. The president sat down to explain that, you know, this terrible news had come out about Abu Ghraib and how disgusting it was. The thrust of his presentation was that this was a terrible aberration; it was un-American conduct. This was not American. [German Foreign Minister] Joschka Fischer was one of the people that said, ‘Mr. President, if the atmosphere at the top is such that it encourages or allows people to believe that they can behave this way, this is going to be a consequence.’ The president’s reaction was: ‘This is un-American. Americans don’t do this. People will realize Americans don’t do this.’ The problem for the United States, and indeed for the free world, is that because of this—Guantanamo, and the ‘torture memos’ from the White House (see November 6-10, 2001 and August 1, 2002), which we were unaware of at that time—people around the world don’t believe that anymore. They say, ‘No, Americans are capable of doing such things and have done them, all the while hypocritically criticizing the human-rights records of others.’” [Vanity Fair, 2/2009]

Entity Tags: Bill Graham, George W. Bush, Colin Powell, Joschka Fischer

Timeline Tags: Torture of US Captives, Civil Liberties

Al-Qaeda operative Musaad Aruchi is arrested in Karachi, Pakistan, by Pakistani paramilitary forces and the CIA. Aruchi is said to be a nephew of 9/11 mastermind Khalid Shaikh Mohammed and a cousin of 1993 WTC bomber Ramzi Yousef. (Another of his nephews, Ali Abdul Aziz Ali, was captured in Karachi the year before (see April 29, 2003). CIA telephone and Internet intercepts led investigators to the apartment building where Aruchi lived. Aruchi is in frequent contact with Muhammad Naeem Noor Khan, who is in touch with al-Qaeda operatives all over the world. Aruchi is flown out of the country in an unmarked CIA plane; there have been no reports on his whereabouts since and he will not be transferred to Guantanamo Bay with other high-ranking prisoners in 2006. Noor Khan is followed and then arrested a month later (see July 13, 2004). [Washington Post, 8/3/2004; Guardian, 8/8/2004]

Entity Tags: Musaad Aruchi, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

The 9/11 Commission releases a new report on how the 9/11 plot developed. Most of their information appears to come from interrogations of prisoners Khalid Shaikh Mohammed (KSM), the 9/11 mastermind, and Ramzi bin al-Shibh, a key member of the al-Qaeda Hamburg cell. In this account, the idea for the attacks appears to have originated with KSM. In mid-1996, he met bin Laden and al-Qaeda leader Mohammed Atef in Afghanistan. He presented several ideas for attacking the US, including a version of the 9/11 plot using ten planes (presumably an update of Operation Bojinka’s second phase plot (see February-Early May 1995)). Bin Laden does not commit himself. In 1999, bin Laden approves a scaled-back version of the idea, and provides four operatives to carry it out: Nawaf Alhazmi, Khalid Almihdhar, Khallad bin Attash, and Abu Bara al Taizi. Attash and al Taizi drop out when they fail to get US visas. Alhazmi and Almihdhar prove to be incompetent pilots, but the recruitment of Mohamed Atta and the others in the Hamburg al-Qaeda cell solves that problem. Bin Laden wants the attacks to take place between May and July 2001, but the attacks are ultimately delayed until September. [9/11 Commission, 6/16/2004] However, information such as these accounts resulting from prisoner interrogations is seriously doubted by some experts, because it appears they only began cooperating after being coerced or tortured. For instance, it is said that KSM was “waterboarded,” a technique in which his head is pushed under water until he nearly drowns. Information gained under such duress often is unreliable. Additionally, there is a serious risk that the prisoners might try to intentionally deceive. [New York Times, 6/17/2004] For instance, one CIA report of his interrogations is called, “Khalid Shaikh Mohammed’s Threat Reporting—Precious Truths, Surrounded by a Bodyguard of Lies.” [Los Angeles Times, 6/23/2004] The Commission itself expresses worry that KSM could be trying to exaggerate the role of bin Laden in the plot to boost bin Laden’s reputation in the Muslim world. [9/11 Commission, 6/16/2004] Most of what these prisoners have said is uncorroborated from other sources. [New York Times, 6/17/2004] In 2007, it will be alleged that as much as 90 percent of KSM’s interrogation could be inaccurate, and that he has recanted some of his confessions (see August 6, 2007).

Entity Tags: Osama bin Laden, 9/11 Commission, Ramzi bin al-Shibh, Khalid Shaikh Mohammed

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

Jack Goldsmith, once considered a rising star in the Bush administration (see October 6, 2003), resigns under fire from his position as chief of the Justice Department’s Office of Legal Counsel (OLC). In his nine-month tenure, Goldsmith fought against the administration’s warrantless wiretapping program, its advocacy of torture, and its policy of extrajudicial detention and trial for terror suspects. Goldsmith will not discuss his objections to the administration’s policy initiatives until September 2007, when he will give interviews to a variety of media sources in anticipation of the publication of his book, The Terror Presidency. Goldsmith led a small, in-house revolt of administration lawyers against what they considered to be the constitutional excesses of the legal policies advocated by the administration in its war on terrorism. “I was disgusted with the whole process and fed up and exhausted,” he will recall. Goldsmith chooses to remain quiet about his resignation, and as a result, his silence will be widely misinterpreted by media, legal, and administration observers. Some even feel that Goldsmith should be investigated for his supposed role in drafting the torture memos (see January 9, 2002, August 1, 2002, and December 2003-June 2004) that he had actually opposed. “It was a nightmare,” Goldsmith will recall. “I didn’t say anything to defend myself, except that I didn’t do the things I was accused of.” [New York Times Magazine, 9/9/2007] Goldsmith will not leave until the end of July, and will take a position with the Harvard University Law School. Unlike many other Justice Department officials, he will not be offered a federal judgeship, having crossed swords with White House lawyers too many times. [Savage, 2007, pp. 191]

Entity Tags: US Department of Justice, Office of Legal Counsel (DOJ), Jack Goldsmith

Timeline Tags: Civil Liberties

After a search of Iraqi paramilitary records indicates a man named Hikmat Shakir Ahmad was a lieutenant colonel in Saddam Hussein’s Fedayeen, there is speculation that he is the same person as Ahmad Hikmat Shakir, an alleged Iraqi al-Qaeda operative who met one of the 9/11 hijackers during an al-Qaeda summit in Malaysia (see January 5-8, 2000), and was captured and inexplicably released after 9/11 (see September 17, 2001). The claim that the two men are the same person is used to bolster the theory that Saddam Hussein was in some way connected to 9/11, but turns out not to be true, as the two of them are found to be in different places at one time, in September 2001. [Knight Ridder, 6/12/2004; Washington Post, 6/22/2004; 9/11 Commission, 7/24/2004, pp. 502]

Entity Tags: Hikmat Shakir Ahmad, Ahmad Hikmat Shakir

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Vice President Cheney has called the prisoners being held by the US at Guantanamo Bay, Cuba, “the worst of a very bad lot” (see January 27, 2002) and other US officials have suggested that information from them has exposed terrorist cells and foiled attacks. But a lengthy New York Times investigation finds that US “government and military officials have repeatedly exaggerated both the danger the detainees posed and the intelligence they have provided.… In interviews, dozens of high-level military, intelligence and law-enforcement officials in the United States, Europe, and the Middle East said that contrary to the repeated assertions of senior administration officials, none of the detainees at the United States Naval Base at Guantanamo Bay ranked as leaders or senior operatives of al-Qaeda. They said only a relative handful—some put the number at about a dozen, others more than two dozen—were sworn al-Qaeda members or other militants able to elucidate the organization’s inner workings.” While some information from the prisoners has been useful to investigators, none of it has stopped any imminent attacks. Information from Guantanamo is considered “only a trickle” compared to what is being learned from prisoners held by the CIA in secret prisons elsewhere. Brig. Gen. Jay W. Hood, in charge of the task force running the prison, says, “The expectations, I think, may have been too high at the outset. There are those who expected a flow of intelligence that would help us break the most sophisticated terror organization in a matter of months. But that hasn’t happened.” Ironically, although few prisoners have been released, it appears about five have rejoined the Taliban and resumed attacks against US forces. Abdullah Laghmani, the chief of the National Security Directorate in Kandahar, Afghanistan, says, “There are lots of people who were innocent, and they are capturing them, just on anyone’s information. And then they are releasing guilty people.” [New York Times, 6/21/2004] Abdurahman Khadr, a CIA informant posing as a Guantanamo inmate for much of 2003 (see November 10, 2001-Early 2003 and Spring 2003), will later say about the prison: “There’s only, like, a 10 percent of the people that are really dangerous, that should be there. And the rest are people that, you know, don’t have anything to do with it, don’t even- you know, don’t even understand what they’re doing here.” [PBS Frontline, 4/22/2004] The Los Angeles Times reported back in August 2002 that no al-Qaeda leaders are being held at Guantanamo (see August 18, 2002). Some al-Qaeda leaders will be transferred into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Abdurahman Khadr, Abdullah Laghmani, Jay W. Hood

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Attempting to stem the flow of bad publicity and world-wide criticism surrounding the revelations of torture at Abu Ghraib prison in Baghdad and similar reports from Guantanamo Bay, Attorney General Alberto Gonzales and Pentagon general counsel William J. Haynes, accompanied by Pentagon lawyer Daniel Dell’Orto, give a lengthy press conference to discuss the US’s position on interrogation and torture. Gonzales and Haynes provide reporters with a thick folder of documents, being made public for the first time. Those documents include the so-called “Haynes Memo” (see November 27, 2002), and the list of 18 interrogation techniques approved for use against detainees (see December 2, 2002 and April 16, 2003). Gonzales and Haynes make carefully prepared points: the war against terrorism, and al-Qaeda in particular, is a different kind of war, they say. Terrorism targets civilians and is not limited to battlefield engagements, nor do terrorists observe the restrictions of the Geneva Conventions or any other international rules. The administration has always acted judiciously in its attempt to counter terrorism, even as it moved from a strictly law-enforcement paradigm to one that marshaled “all elements of national power.” Their arguments are as follows:
Always Within the Law - First, the Bush administration has always acted within reason, care, and deliberation, and has always followed the law. In February 2002, President Bush had determined that none of the detainees at Guantanamo should be covered under the Geneva Conventions (see February 7, 2002). That presidential order is included in the document packet. According to Gonzales and Haynes, that order merely reflected a clear-eyed reading of the actual provision of the conventions, and does not circumvent the law. Another document is the so-called “torture memo” written by the Justice Department’s Office of Legal Counsel (see August 1, 2002). Although such legal opinions carry great weight, and though the administration used the “torture memo” for months to guide actions by military and CIA interrogators, Gonzales says that the memo has nothing to do with the actions at Guantanamo. The memo was intended to do little more than explore “the limits of the legal landscape.” Gonzales says that the memo included “irrelevant and unnecessary” material, and was never given to Bush or distributed to soldiers in the field. The memo did not, Gonzales asserts, “reflect the policies that the administration ultimately adopted.” Unfortunately for their story, the facts are quite different. According to several people involved in the Geneva decision, it was never about following the letter of the law, but was designed to give legal cover to a prior decision to use harsh, coercive interrogation. Author and law professor Phillippe Sands will write, “it deliberately created a legal black hole into which the detainees were meant to fall.” Sands interviewed former Defense Department official Douglas Feith about the Geneva issue, and Feith proudly acknowledged that the entire point of the legal machinations was to strip away detainees’ rights under Geneva (see Early 2006).
Harsh Techniques Suggested from Below - Gonzales and Haynes move to the question of where, exactly, the new interrogation techniques came from. Their answer: the former military commander at Guantanamo, Michael E. Dunlavey. Haynes later describes Dunlavey to the Senate Judiciary Committee as “an aggressive major general.” None of the ideas originated in Washington, and anything signed off or approved by White House or Pentagon officials were merely responses to requests from the field. Those requests were prompted by a recalcitrant detainee at Guantanamo, Mohamed al-Khatani (see August 8, 2002-January 15, 2003), who had proven resistant to normal interrogation techniques. As the anniversary of the 9/11 attacks approached, and fears of a second attack mounted, Dell’Orto says that Guantanamo field commanders decided “that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” Thusly, a request was processed from Guantanamo through military channels, through Haynes, and ultimately to Defense Secretary Donald Rumsfeld, who approved 15 of the 18 requested techniques to be used against al-Khatani and, later, against other terror suspects (see September 25, 2002 and December 2, 2002). According to Gonzales, Haynes, and Dell’Orto, Haynes and Rumsfeld were just processing a request from military officers. Again, the evidence contradicts their story. The torture memo came as a result of intense pressure from the offices of Rumsfeld and Vice President Cheney. It was never some theoretical document or some exercise in hypothesizing, but, Sands will write, “played a crucial role in giving those at the top the confidence to put pressure on those at the bottom. And the practices employed at Guantanamo led to abuses at Abu Ghraib.” Gonzales and Haynes were, with Cheney chief of staff David Addington and Justice Department lawyers John Yoo and Jay Bybee (the authors of the torture memo), “a torture team of lawyers, freeing the administration from the constraints of all international rules prohibiting abuse,” in Sands’s words. Dunlavey was Rumsfeld’s personal choice to head the interrogations at Guantanamo; he liked the fact that Dunlavey was a “tyrant,” in the words of a former Judge Advocate General official, and had no problem with the decision to ignore the Geneva Conventions. Rumsfeld had Dunlavey ignore the chain of command and report directly to him, though Dunlavey reported most often to Feith. Additionally, the Yoo/Bybee torture memo was in response to the CIA’s desire to aggressively interrogate another terror suspect not held at Guantanamo, Abu Zubaida (see March 28, 2002). Sands will write, “Gonzales would later contend that this policy memo did ‘not reflect the policies the administration ultimately adopted,’ but in fact it gave carte blanche to all the interrogation techniques later recommended by Haynes and approved by Rumsfeld.” He also cites another Justice Department memo, requested by the CIA and never made public, that spells out the specific techniques in detail. No one at Guantanamo ever saw either of the memos. Sands concludes, “The lawyers in Washington were playing a double game. They wanted maximum pressure applied during interrogations, but didn’t want to be seen as the ones applying it—they wanted distance and deniability. They also wanted legal cover for themselves. A key question is whether Haynes and Rumsfeld had knowledge of the content of these memos before they approved the new interrogation techniques for al-Khatani. If they did, then the administration’s official narrative—that the pressure for new techniques, and the legal support for them, originated on the ground at Guantanamo, from the ‘aggressive major general’ and his staff lawyer—becomes difficult to sustain. More crucially, that knowledge is a link in the causal chain that connects the keyboards of Feith and Yoo to the interrogations of Guantanamo.”
Legal Justifications Also From Below - The legal justification for the new interrogation techniques also originated at Guantanamo, the three assert, and not by anyone in the White House and certainly not by anyone in the Justice Department. The document stack includes a legal analysis by the staff judge advocate at Guantanamo, Lieutenant Colonel Diane Beaver (see October 11, 2002), which gives legal justifications for all the interrogation techniques. The responsibility lies ultimately with Beaver, the three imply, and not with anyone higher up the chain. Again, the story is severely flawed. Beaver will give extensive interviews to Sands, and paint a very different picture (see Fall 2006). One Naval Criminal Investigative Service (NCIS) psychologist, Mike Gelles (see December 17-18, 2002), will dispute Gonzales’s contention that the techniques trickled up the chain from lower-level officials at Guantanamo such as Beaver. “That’s not accurate,” he will say. “This was not done by a bunch of people down in Gitmo—no way.” That view is supported by a visit to Guantanamo by several top-ranking administration lawyers, in which Guantanamo personnel are given the “green light” to conduct harsh interrogations of detainees (see September 25, 2002).
No Connection between Guantanamo, Abu Ghraib - Finally, the decisions regarding interrogations at Guantanamo have never had any impact on the interrogations at Abu Ghraib. Gonzales wants to “set the record straight” on that question. The administration has never authorized nor countenanced torture of any kind. The abuses at Abu Ghraib were unauthorized and had nothing to do with administration policies. Much evidence exists to counter this assertion (see December 17-18, 2002). In August 2003, the head of the Guantanamo facility, Major General Geoffrey Miller, visited Abu Ghraib in Baghdad, accompanied by, among others, Diane Beaver (see August 31, 2003-September 9, 2003). They were shocked at the near-lawlessness of the facility, and Miller recommended to Lieutenant General Ricardo Sanchez, the supreme US commander in Iraq, that many of the same techniques used at Guantanamo be used in Abu Ghraib. Sanchez soon authorized the use of those techniques (see September 14-17, 2003). The serious abuses reported at Abu Ghraib began a month later. Gelles worried, with justification, that the techniques approved for use against al-Khatani would spread to other US detention facilities. Gelles’s “migration theory” was controversial and dangerous, because if found to be accurate, it would tend to implicate those who authorized the Guantanamo interrogation techniques in the abuses at Abu Ghraib and elsewhere. “Torture memo” author John Yoo called the theory “an exercise in hyperbole and partisan smear.” But Gelles’s theory is supported, not only by the Abu Ghraib abuses, but by an August 2006 Pentagon report that will find that techniques from Guantanamo did indeed migrate into Abu Ghraib, and a report from an investigation by former defense secretary James Schlesinger (see August 24, 2004) that will find “augmented techniques for Guantanamo migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [White House, 7/22/2004; Vanity Fair, 5/2008]

It is reported that the Swiss government is investigate an unnamed Saudi businessman who is the former president of the Muwafaq Foundation, which is now defunct. Swiss investigators will say he is suspected of transferring tens of millions of dollars to “close al-Qaeda associates” from Swiss bank accounts. The Swiss will freeze $20 million of his bank accounts. This businessman denies any connection with terrorism (see September 19, 2005). [New York Times, 6/25/2004] The have been repeated allegations that Muwafaq funded radical militants in the Bosnian war (see 1991-1995) and had ties to bin Laden (see 1995-1998).

Entity Tags: Muwafaq Foundation, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Yaser Esam Hamdi.Yaser Esam Hamdi. [Source: Associated Press]In the case of Yaser Esam Hamdi v. Donald Rumsfeld, the Supreme Court rules 8-1 that, contrary to the government’s position, Hamdi (see December 2001), as a US citizen held inside the US, cannot be held indefinitely and incommunicado without an opportunity to challenge his detention. It rules he has the right to be given the opportunity to challenge the basis for his detention before an impartial court. Justice Sandra Day O’Connor writes for the majority: “It would turn our system of checks and balances on its head to suggest that a citizen could not make his way to court with a challenge to the factual basis for his detention by his government, simply because the Executive opposes making available such a challenge. Absent suspension of the writ by Congress, a citizen detained as an enemy combatant is entitled to this process.” Hamdi, on the other hand, apart from military interrogations and “screening processes,” has received no process. Due process, according to a majority of the Court, “demands some system for a citizen detainee to refute his classification [as enemy combatant].” A “citizen-detainee… must receive notice of the factual basis for his classification, and a fair opportunity to rebut the government’s factual assertions before a neutral decision-maker.” However, O’Connor writes, “an interrogation by one’s captor… hardly constitutes a constitutionally adequate factfinding before a neutral decisionmaker.”
Conservative Dissent: President Has Inherent Power to Detain Citizens during War - Only Justice Clarence Thomas affirms the government’s opinion, writing, “This detention falls squarely within the federal government’s war powers, and we lack the expertise and capacity to second-guess that decision.” [Supreme Court opinion on writ of certiorari. Shafiq Rasul, et al. v. George W. Bush, et al., 6/28/2004] Thomas adds: “The Founders intended that the president have primary responsibility—along with the necessary power—to protect the national security and to conduct the nation’s foreign relations. They did so principally because the structural advantages of a unitary executive are essential in these domains.” [Dean, 2007, pp. 105]
'A State of War Is Not a Blank Check for the President' - The authority to hold Hamdi and other such US citizens captured on enemy battlefields derives from Congress’s Authorization to Use Military Force (AUMF—see September 14-18, 2001). Justice Antonin Scalia dissents from this portion of the majority ruling, saying that because Congress had not suspended habeas corpus, Hamdi should either be charged with a crime or released. The Court also finds that if Hamdi was indeed a missionary and not a terrorist, as both he and his father claim, then he must be freed. While the Court does not grant Hamdi the right to a full criminal trial, it grants him the right to a hearing before a “neutral decision-maker” to challenge his detention. O’Connor writes: “It is during our most challenging and uncertain moments that our nation’s commitment to due process is most severely tested; and it is in these times that we must preserve our commitment at home to the principles for which we fight abroad.… We have long made clear that a state of war is not a blank check for the president when it comes to the rights of the nation’s citizens.”
Affirms President's Right to Hold US Citizens Indefinitely - Although the media presents the ruling as an unmitigated defeat for the Bush administration, it is actually far more mixed. The White House is fairly pleased with the decision, insamuch as Hamdi still has no access to civilian courts; the administration decides that Hamdi’s “neutral decision-maker” will be a panel of military officers. Hamdi will not have a lawyer, nor will he have the right to see the evidence against him if it is classified. This is enough to satisfy the Court’s ruling, the White House decides. In 2007, author and reporter Charlie Savage will write: “[T]he administration’s legal team noted with quiet satisfaction that, so long as some kind of minimal hearing was involved, the Supreme Court had just signed off on giving presidents the wartime power to hold a US citizen without charges or a trial—forever.” The Justice Department says of the ruling that it is “pleased that the [Court] today upheld the authority of the president as commander in chief of the armed forces to detain enemy combatants, including US citizens.… This power, which was contested by lawyers representing individuals captured in the War on Terror, is one of the most essential authorities the US Constitution grants the president to defend America from our enemies.” [Savage, 2007, pp. 193-194]

Entity Tags: Sandra Day O’Connor, Antonin Scalia, Donald Rumsfeld, Yaser Esam Hamdi, Clarence Thomas, Charlie Savage

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

In November 2002, as the 9/11 Congressional Inquiry was finishing its investigation, it had formally asked for a report by the Justice Department (which oversees the FBI) to determine “whether and to what extent personnel at all levels should be held accountable” for the failure to stop the 9/11 attacks. An identical request was made to the CIA (see June-November 2004). [New York Times, 9/14/2004] The Justice Department report, titled “A Review of the FBI’s Handling of Intelligence Information Related to the September 11 Attacks,” is completed this month. [Washington Post, 4/30/2005] It centers on three FBI failures before 9/11: the failure to follow up on the arrest of Zacarias Moussaoui in August 2001 (see August 16, 2001), the failure to follow up on FBI agent Ken Williams’ memo (see July 10, 2001) warning about Islamic militants training in US flight schools, and the FBI’s failure to follow up on many leads to hijackers Nawaf Alhazmi and Khalid Almihdhar. The report provides some new details about miscommunications, inaction, and other problems. [New York Times, 9/14/2004] The report remains classified. Senior Senate Judiciary Committee members Patrick Leahy (D-VT) and Charles Grassley (R-IA) call for its release. The senators state, “While the needs of national security must be weighed seriously, we fear the designation of information as classified, in some cases, serves to protect the executive branch against embarrassing revelations and full accountability. We hope that is not the case here.” [Washington Times, 7/12/2004; New York Times, 9/14/2004] One problem complicating the issuing of even a declassified version is the possibility that the material would taint the criminal proceedings against Zacarias Moussaoui. In early 2005, the Justice Department inspector general’s office will ask the judge presiding over Moussaoui’s case for permission to release a declassified version of the report. But the judge will turn down the request in April 2005, even after Moussaoui pleads guilty (see April 30, 2005). The report will finally be released in June 2005 without the section on Moussaoui (see June 9, 2005). [New York Times, 2/13/2005]

Entity Tags: Zacarias Moussaoui, Khalid Almihdhar, Nawaf Alhazmi, Charles Grassley, Federal Bureau of Investigation, Ken Williams, Patrick J. Leahy, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

The 9/11 Commission arranges for a final interview of CIA Director George Tenet. The Commission’s staff thinks of the interview as a “final test of Tenet’s credibility,” because they believe that both he and other CIA managers have not been telling them the full truth (see Before January 14, 2004 and January 22, 2004). In particular they want to ask him about a memorandum of notification that enabled the CIA to kill Osama bin Laden, but was not acted on (see December 24, 1998).
What Memo? - When the Commission’s Executive Director Philip Zelikow says he wants to talk about the memo, Tenet, who spent a long time revising for his sessions with the Commission (see Before January 22, 2004), replies, “What are you referring to?” Zelikow explains about the memo, but Tenet says, “I’m not sure what we’re talking about.” He then says he remembers an early draft of the memo, which did not authorize the CIA to kill bin Laden. Zelikow explains that the draft Tenet is referring to is an early version of the memo, and that a later version, apparently requested by Tenet himself, allowed the CIA to kill bin Laden. Zelikow has not been able to bring the memo with him, because it is so highly classified, and Tenet still does not remember, saying, “Well, as I say, I don’t know what you’re talking about.”
Disbelief - Author Philip Shenon will write: “Zelikow and [Commission staffer Alexis] Albion looked at each other across the table in disbelief. It was the last straw with Tenet, the final bit of proof they needed to demonstrate that Tenet simply could not tell the truth to the Commission.” Zelikow will later say that he concluded Tenet’s memory lapses were not genuine, but that “George had decided not to share information on any topic unless we already had documentary proof, and then he would add as little as possible to the record.”
False Denial - However, Tenet will deny this was the case, and say he could not remember the authorization to kill bin Laden because he had been on holiday when it was signed and transmitted to Afghanistan. [Shenon, 2008, pp. 359-360] However, the 9/11 Commission will state that this memo was “given to Tenet.” In addition, the 9/11 Commission Report calls the message in which the instructions were communicated to the assets in Afghanistan that were to kill bin Laden “CIA cable, message from the DCI.” DCI stands for director of central intelligence, Tenet’s official job title. Therefore, Tenet very probably did know about it. [9/11 Commission, 7/24/2004, pp. 132, 485]

Entity Tags: 9/11 Commission, George J. Tenet, Philip Zelikow, Central Intelligence Agency, Alexis Albion

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Navy General Counsel Alberto J. Mora writes a secret, but unclassified, memo to Vice Admiral Albert Church, who led a Pentagon investigation into abuses at the US detention facility at Guantanamo Bay. Mora writes the memo in an attempt to stop what he sees as a disastrous and unlawful policy of authorizing cruel and inhuman treatment of terror suspects. The memo details in chronological fashion Mora’s earlier attempts to speak out against the Bush administration’s decision to circumvent the Geneva Conventions (see January 9, 2002 and January 11, 2002).
Specific Problems - Mora, a veteran of the Reagan and George H. W. Bush administrations and a strong supporter of the “war on terror,” argues that a refusal to outlaw cruelty toward US-held terrorist suspects is an implicit invitation to abuse. Mora also writes that the Bush administration’s legal arguments that justify an expansion of executive power in everything from interrogations to warrantless wiretapping are “unlawful,” “dangerous,” and “erroneous” legal theories. Not only are they wrong in granting President Bush the right to authorize torture, he warns that they may leave US personnel open to criminal prosecution. While the administration has argued that it holds to humane, legal standards in interrogation practices (see January 12, 2006), Mora’s memo shows that from the outset of the administration’s “war on terror,” the White House, the Justice Department, and the Defense Department intentionally skirted and at times ignored domestic and international laws surrounding interrogation and detention of prisoners.
Cruelty and Torture - Mora will later recall the mood in the Pentagon: “The mentality was that we lost three thousand Americans [on 9/11], and we could lose a lot more unless something was done. It was believed that some of the Guantanamo detainees had knowledge of other 9/11-like operations that were under way, or would be executed in the future. The gloves had to come off. The US had to get tougher.” But, Mora will say, the authorization of cruel treatment of detainees is as pernicious as any defined torture techniques that have been used. “To my mind, there’s no moral or practical distinction,” he says. “If cruelty is no longer declared unlawful, but instead is applied as a matter of policy, it alters the fundamental relationship of man to government. It destroys the whole notion of individual rights. The Constitution recognizes that man has an inherent right, not bestowed by the state or laws, to personal dignity, including the right to be free of cruelty. It applies to all human beings, not just in America—even those designated as ‘unlawful enemy combatants.’ If you make this exception, the whole Constitution crumbles. It’s a transformative issue.… The debate here isn’t only how to protect the country. It’s how to protect our values.” [Mora, 7/7/2004 pdf file; New Yorker, 2/27/2006]

Entity Tags: Geneva Conventions, Richard (“Dick”) Cheney, US Department of Defense, Alberto Mora, Albert T. Church III, US Department of Justice, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

Pat Roberts during a July 9, 2004 interview on PBS.Pat Roberts during a July 9, 2004 interview on PBS. [Source: PBS]The Senate Intelligence Committee releases the 511-page Senate Report on Iraqi WMD intelligence, formally titled the “Report of the Select Committee on Intelligence on the US Intelligence Community’s Prewar Intelligence Assessments on Iraq.” [US Congress, 7/7/2004; CNN, 7/9/2004] All nine Republicans and eight Democrats signed off on the report without dissent, which, as reporter Murray Waas will write, is “a rarity for any such report in Washington, especially during an election year.” [National Journal, 10/27/2005]
Report Redacted by White House - About 20 percent of the report was redacted by the White House before its release, over the objections of both Republicans and Democrats on the committee. Some of the redactions include caveats and warnings about the reliability of key CIA informants, one code-named “Red River” and another code-named “Curveball” (see Mid- and Late 2001). The source called “Red River” failed polygraph tests given to him by CIA officers to assess his reliability, but portions of the report detailing these and other caveats were redacted at the behest of Bush administration officials. [New York Times, 7/12/2004; New York Times, 7/18/2004]
Widespread Failures of US Intelligence - The report identifies multiple, widespread failures by the US intelligence community in its gathering and analysis of intelligence about Iraq WMD, which led to gross misunderstandings and misrepresentations about Iraq’s WMD programs to the American public by government officials. Committee chairman Pat Roberts (R-KS), who has previously attempted to shift blame for the intelligence misrepresentations away from the Bush administration and onto the CIA (see July 11, 2003 and After), says that intelligence used to support the invasion of Iraq was based on assessments that were “unreasonable and largely unsupported by the available intelligence.” He continues: “Before the war, the US intelligence community told the president as well as the Congress and the public that Saddam Hussein had stockpiles of chemical and biological weapons and if left unchecked would probably have a nuclear weapon during this decade. Today we know these assessments were wrong.” Senator John D. Rockefeller (D-WV), the ranking Democrat on the 18-member panel that created the report, says “bad information” was used to bolster the case for war. “We in Congress would not have authorized that war with 75 votes if we knew what we know now,” he says (see October 10, 2002). “Leading up to September 11, our government didn’t connect the dots. In Iraq, we are even more culpable because the dots themselves never existed.” Numerous assertions in an October 2002 National Intelligence Estimate (NIE—see October 1, 2002) were “overstated” or “not supported by the raw intelligence reporting,” including:
bullet Claims that Iraq was rebuilding its nuclear weapons program;
bullet Claims that Iraq had large stockpiles of chemical and biological weapons;
bullet Claims that Iraq was developing an unmanned aerial vehicle that could be used to deliver chemical and/or biological weapons payloads onto distant targets;
bullet The so-called “layering effect,” where “assessments were based on previous judgments, without considering the uncertainties of those judgments” (Roberts calls it an “assumption train”);
bullet The failure to explain adequately the uncertainties in the October 2002 NIE to White House officials and Congressional lawmakers;
bullet Reliance on claims by “Curveball,” noting that the use of those claims “demonstrated serious lapses in handling such an important source”;
bullet Use of “overstated, misleading, or incorrect” information in helping then-Secretary of State Colin Powell present the administration’s case to the United Nations in February 2003 (see February 5, 2003); and
bullet The failure of the CIA to share significant intelligence with other agencies. [CNN, 7/9/2004; Cybercast News Service, 7/9/2004; New York Times, 7/9/2004]
“One fact is now clear,” Roberts says. “Before the war, the US intelligence community told the president as well as the Congress and the public that Saddam Hussein had stockpiles of chemical and biological weapons, and if left unchecked, would probably have a nuclear weapon during this decade. Well, today we know these assessments were wrong.” [Cybercast News Service, 7/9/2004; New York Times, 7/9/2004] Rockefeller says the intelligence community failed to “accurately or adequately explain the uncertainties behind the judgments in the October 2002 National Intelligence Estimate to policymakers.” The community’s “intelligence failures” will haunt America’s national security “for generations to come,” he says. “Our credibility is diminished. Our standing in the world has never been lower,” he says. “We have fostered a deep hatred of Americans in the Muslim world, and that will grow. As a direct consequence, our nation is more vulnerable today than ever before.” [CNN, 7/9/2004; New York Times, 7/9/2004]
'Group Think' and 'Corporate Culture' - Roberts says the report finds that the “flawed” information used to send the nation to war was the result of “what we call a collective group think, which led analysts and collectors and managers to presume that Iraq had active and growing WMD programs.” He says this “group think caused the community to interpret ambiguous evidence, such as the procurement of dual-use technology, as conclusive evidence of the existence of WMD programs.” Roberts blames “group think” and a “broken corporate culture and poor management,” which “cannot be solved by simply adding funding and also personnel.” [CNN, 7/9/2004; New York Times, 7/9/2004]
Lack of Human Intelligence in Iraq - Perhaps the most troubling finding, Roberts says, is the intelligence community’s near-total lack of human intelligence in Iraq. “Most alarmingly, after 1998 and the exit of the UN inspectors, the CIA had no human intelligence sources inside Iraq who were collecting against the WMD target,” he says. [CNN, 7/9/2004; New York Times, 7/9/2004]
No Connection between Iraq, al-Qaeda - Rockefeller says that the administration’s claims of an alliance between Iraq’s Saddam Hussein and al-Qaeda had no basis in fact: “[N]o evidence existed of Iraq’s complicity or assistance in al-Qaeda’s terrorist attacks, including 9/11.” The report says that intelligence claims of connections between Iraq and some terrorist activities were accurate, though the contacts between al-Qaeda and Iraq from the 1990s “did not add up to an established formal relationship.” [CNN, 7/9/2004; New York Times, 7/9/2004]
Divided Opinion on Pressure from Bush Administration - Republicans and Democrats on the committee differ as to whether they believe the CIA and other intelligence agencies groomed or distorted their findings as a result of political pressure from the White House. “The committee found no evidence that the intelligence community’s mischaracterization or exaggeration of intelligence on Iraq’s weapons of mass destruction capabilities was the result of politics or pressure,” Roberts says. However, Rockefeller notes that the report fails to explain fully the pressures on the intelligence community “when the most senior officials in the Bush administration had already forcefully and repeatedly stated their conclusions publicly. It was clear to all of us in this room who were watching that—and to many others—that they had made up their mind that they were going to go to war.” The analysts were subjected to a “cascade of ominous statements,” Rockefeller says, that may have pushed them to slant their analyses in the direction the White House indicated it wanted. The report finds that Vice President Dick Cheney and others who repeatedly visited intelligence agencies (see 2002-Early 2003) pressured intelligence analysts or officials to present particular findings or change their views. However, the report notes repeated instances of analysts exaggerating what they knew, and leaving out, glossing over, or omitting dissenting views. According to the report, the intelligence community released a misleading public version of the October 2002 NIE (see October 4, 2002) that eliminated caveats and dissenting opinions, thus misrepresenting “their judgments to the public which did not have access to the classified National Intelligence Estimate containing the more carefully worded assessments.” [CNN, 7/9/2004; New York Times, 7/9/2004; Cybercast News Service, 7/9/2004] In an interview the evening after the report’s release, Rockefeller is asked if the report documents “a failure of a system or is this a failure of a bunch of individuals who just did their jobs poorly?” Rockefeller responds: “This is a failure of a system.… It is not fair to simply dump all of this on the Central Intelligence Agency. The Central Intelligence Agency does not make the decision, and [former Director] George Tenet does not make the decision to go to war. That decision is made at the other end of Pennsylvania Avenue.… So we went to war under false pretenses, and I think that is a very serious subject for Americans to think about for our future.” Asked “if the president had known then what he knows now, he would have still taken us to war?” Rockefeller answers: “I can’t answer that question. I just ask—the question I ask is, why isn’t he, and maybe he is, why isn’t he as angry about his decision, so to speak his vote on this, as I am about mine?” [PBS, 7/9/2004]
Supporting the Claim of Iraq's Attempt to Purchase Nigerien Uranium - The report states flatly that senior CIA case officer Valerie Plame Wilson made the decision to send her husband, former ambassador Joseph Wilson, to Niger to investigate false claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). The CIA has demonstrated that Plame Wilson did not make that decision (see February 19, 2002). However, as well as claiming that Plame Wilson sent Wilson to Niger, it claims that Wilson’s report, far from disproving the assertion of an attempt by Iraq to purchase uranium, actually bolstered that assertion. The report states that the question of Iraq’s attempt to buy Nigerien uranium remains “open.” It also says Wilson lied to the Washington Post in June 2004 by claiming that the documents used to support the claim were forgeries (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). “Committee staff asked how the former ambassador could have come to the conclusion that the ‘dates were wrong and the names were wrong’ when he had never seen the CIA reports and had no knowledge of what names and dates were in the reports,” the report states. Wilson told committee members he may have been confused and may have “misspoken” to some reporters (see May 2, 2004). The committee did not examine the documents themselves. [Washington Post, 7/10/2009] The committee made similar claims a year before (see June 11, 2003 and July 11, 2003 and After). Progressive reporter and columnist Joshua Micah Marshall disputes the report’s claim that Wilson’s trip to Niger actually helped prove the assertion that Iraq tried to buy Nigerien uranium. The intelligence reports making the assertion are “fruits of the same poison tree” that produced so many other false and misleading claims, Marshall writes, and were based on the assumption that the forged documents were genuine. [Joshua Micah Marshall, 7/10/2004] In 2007, Plame Wilson will write, “What was missing from the [committee] report was just as telling as the distortions it contained. The ‘Additional Views’ section… had concluded” that she was responsible for sending Wilson to Niger. Yet that was contradicted by a senior CIA official over a year before. Plame Wilson will call the “Additional Views” section “a political smear if there ever was one,” crammed with “distortions and outright lies. Yet it continues to be cited today by Joe’s critics as proof of his lack of credibility.” The Wilsons learn months later that committee Democrats decided not to fight against the attacks on Wilson’s integrity; according to one of the senior Democratic senators on the panel, there was simply too much “incoming” from the Republicans for them to fight every issue. There were “far too many serious substantial disputes” that needed solving, and the Democrats chose to allow the attacks on Wilson to proceed without comment. [Wilson, 2007, pp. 187-190]
Portion of the Report Delayed - Roberts and other Republican majority committee members were successful in blocking Democrats’ attempts to complete the second portion of the report, which delineates the Bush administration’s use of the intelligence findings. That report will not be released until after the November 2004 presidential election. Rockefeller says he feels “genuine frustration… that virtually everything that has to do with the administration” has been “relegated to phase two” and will be discussed at another time. The second part of the committee’s investigation will focus on the “interaction or the pressure or the shaping of intelligence” by the Bush administration, Rockefeller says. “It was clear to all of us that the Bush administration had made up its mind to go to war,” he says, and he believes that such a “predetermination” influenced the intelligence community. Representative Jane Harman (D-CA), the ranking member of the House Intelligence Committee, says she hopes a similar House investigation would address some of those issues. However, she notes, she has been stymied by House Republicans in even launching that investigation. “There has not been the cooperation that there apparently has been on the Senate side,” she says. She has just now managed to wangle a meeting with House Intelligence Committee chairman Porter Goss (R-FL), who is being touted as the next director of the CIA (see September 24, 2004). Harman says, “I would hope we could address [the issues] factually and on a bipartisan basis, but at the moment I don’t have a lot of confidence in it.” [CNN, 7/9/2004; Cybercast News Service, 7/9/2004] Roberts’s spokeswoman Sarah Little later says that the committee has not yet decided whether the second portion of the report will be fully classified, declassified, or even if it will hold hearings. [National Journal, 10/27/2005]
Cheney, Roberts Colluded in Interfering with Report - Over a year later, the media will find that Roberts allowed Cheney and members of his staff to interfere with the committee’s investigation and dramatically limit its scope (see October 27, 2005). Rockefeller will say that he made three separate requests for White House documents during the committee’s investigation, but never received the documents he asked for. “The fact is,” Rockefeller will say, “that throughout the Iraq investigation any line of questioning that brought us too close to the White House was thwarted.” Rockefeller’s spokesperson, Wendy Morigi, will say that Rockefeller will “sadly come to the conclusion that the Intelligence Committee is not capable of doing the job of investigating the fundamental question as to whether the administration has misused intelligence to go to war.” [National Journal, 10/30/2005] Plame Wilson will write: “In the coming months, many reliable sources told us that before the report was issued, there was considerable collusion between the vice president’s office and… Roberts on how to craft the report and its content. So much for checks and balances and the separation of powers.” [Wilson, 2007, pp. 192]

Entity Tags: Joshua Micah Marshall, Pat Roberts, Murray Waas, Richard (“Dick”) Cheney, Valerie Plame Wilson, Porter J. Goss, Joseph C. Wilson, Senate Intelligence Committee, John D. Rockefeller, Central Intelligence Agency, House Intelligence Committee, ’Curveball’, Jane Harman, Bush administration (43), Al-Qaeda, Colin Powell, Wendy Morigi, Sarah Little, George J. Tenet

Timeline Tags: Events Leading to Iraq Invasion

The 9/11 Commission interviews two CIA analysts who drafted an August 2001 Presidential Daily Briefing (PDB) item entitled “Bin Laden Determined to Strike in US” (see August 6, 2001). The interview is conducted mainly by commissioners Richard Ben-Veniste and Jim Thompson and follows an internal battle inside the Commission (see June 2004 and Early July 2004). Despite a claim by the Commission’s Executive Director Philip Zelikow that the analysts, known only as Barbara S and Dwayne D, were reluctant to answer questions, they are willing and eager to respond to Ben-Veniste.
PDB Item Not 'Historical' - According to author Philip Shenon, the analysts are “confused” and “appalled” by claims by National Security Adviser Condoleezza Rice and others at the White House that the PDB item only contained an “historical” overview of domestic terrorism threats. The analysts say that this was not its purpose and that it was supposed to remind President Bush that al-Qaeda remained a dire threat in August 2001 and that a domestic attack was certainly a possibility. For example, the item referred to “patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks.” Barbara S says, “That’s not historical,” and adds the threat of a domestic terror attack by al-Qaeda was thought “current and serious” at that time.
Ordered up 'In-House' - In addition, the analysts say that another claim made by the White House, that President Bush specifically ordered the PDB (see April 13, 2004), is false. They state that the PDB item was ordered “in-house” by the CIA in the hope that the White House would pay more attention to the threat. However, President Bush had asked his intelligence briefers about the possibility of a domestic attack by terrorists that summer (see July 5, 2001).
Zelikow Objects to Placement of Material in Final Report - Ben-Veniste insists that the material from the two analysts is placed prominently in the Commission’s final report, although Zelikow objects to this. After negotiations, the relevant paragraph will read as follows: “During the spring and summer of 2001, President Bush had on several occasions asked his briefers whether any of the threats pointed to the United States. Reflecting on these questions, the CIA decided to write a briefing article summarizing its understanding of this danger. Two CIA analysts involved in preparing this briefing article believed it represented an opportunity to communicate their view that the threat of a bin Laden attack in the United States remained both current and serious. The result was an article in the August 6 Presidential Daily Brief titled ‘Bin Laden Determined to Strike in US.’” [Shenon, 2008, pp. 377-379]

Entity Tags: Central Intelligence Agency, ’Barbara S’, 9/11 Commission, James Thompson, Richard Ben-Veniste, Philip Shenon, ’Dwayne D’

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Deputy Staff Judge Advocate for US Central Command (CENTCOM) says that Defense Secretary Donald Rumsfeld’s authorization of torture methods against detainees in US custody (see December 2, 2002) rendered such methods legal for use in Afghanistan. According to the lawyer: “[T]he methodologies approved for [Guantanamo]… would appear to me to be legal interrogation processes. [The secretary of defense] had approved them. The general counsel [Pentagon counsel William J. Haynes] had approved them.… I believe it is fair to say the procedures approved for Guantanamo were legal for Afghanistan.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld, William J. Haynes, US Central Command

Timeline Tags: Torture of US Captives

White House chief of staff Andy Card learns what the 9/11 Commission Report contains before it is published, as the various chapters are sent to the White House for classification review before the publication date. Card then hears back from the review teams. Despite fears about allegations made by former counterterrorism “tsar” Richard Clarke (see March 21, 2004) and a key Presidential Daily Brief item (see August 6, 2001), in the words of author Philip Shenon, Card can see “that the Commission’s final report posed no threat to [President] Bush’s re-election.” This is because the report does not “single out individuals for blame. Certainly not George Bush.” The allegations by Clarke, related in a “he-said, she-said” manner in the report, also do not damage National Security Adviser Condoleezza Rice. [Shenon, 2008, pp. 411]

Entity Tags: 9/11 Commission, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Larry Mefford.Larry Mefford. [Source: James Kegley / San Francisco Chronicle]FBI officials maintain that 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar did not have anyone knowingly supporting their al-Qaeda activities when they lived in San Diego in 2000 and 2001.
FBI: Hijackers Had No Witting Support in San Diego - Larry Mefford, who was the FBI’s head of counterterrorism until November 2003, says: “Maybe there’s been something new. But as of the time of my retirement, there was no credible indication that anyone in Southern California helped the two terrorists with knowledge of the 9/11 plot.” And Richard Garcia, head of the FBI in Los Angeles, says, “If there was support, I think it was unwitting.” Garcia says that whatever support the hijackers received was from Muslims innocently helping other Muslims.
9/11 Commission Suggests Otherwise - However, the 9/11 Commission’s final report, published the same day as these comments, suggests otherwise. The report details extensive help the hijackers received, and strongly implies that at least some of their helpers, such as Mohdar Abdullah and Anwar al-Awlaki, were radical Islamists with a similar agenda as the hijackers. For instance, the report comments, “We believe it is unlikely that [Alhazmi] and Almihdhar… would have come to the United States without arranging to receive assistance from one or more individuals informed in advance of their arrival.” [Los Angeles Times, 7/24/2004]
9/11 Congressional Inquiry Also Suggests Otherwise - The 9/11 Congressional Inquiry’s final report concluded that at least six 9/11 hijackers received “substantial assistance” from associates in the US, though it is “not known to what extent any of these contacts in the United States were aware of the plot.” The inquiry focused on associates in San Diego, including Abdullah and al-Awlaki (see July 24, 2003). [US Congress, 7/24/2003 pdf file]
What about Abdullah and Al-Awlaki? - In late 2003, new evidence emerged that Abdullah might have had foreknowledge of the 9/11 attacks, but he was deported anyway, in May 2004 (see May 21, 2004). In late 2004, several months after the comments by Mefford and Garcia, more evidence against him will emerge, causing the FBI to reopen its investigation into him (see September 2003-May 21, 2004). In 2008, US intelligence will finally conclude that al-Awlaki is an al-Qaeda operative (see February 27, 2008), and he will be connected to a number of attacks in the US.

Entity Tags: Anwar al-Awlaki, Richard Garcia, Nawaf Alhazmi, Mohdar Abdullah, Khalid Almihdhar, 9/11 Commission, Larry Mefford

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ahmed Khalfan Ghailani.Ahmed Khalfan Ghailani. [Source: FBI]Ahmed Khalfan Ghailani, a high-level al-Qaeda operative from Tanzania suspected of participating in the 1998 bombings of US embassies in East Africa, is captured in Gujrat, Pakistan, after a violent standoff with Pakistani police. [CNN, 8/3/2004] Ghailani’s arrest is publicly announced on July 29, four days later. The announcement by Pakistan’s Interior Minister Faisal Hayat is made in an unusual late-night press conference that takes place just hours before John Kerry accepts the Democratic nomination for president. [Salon, 8/17/2004] Pakistani authorities say the announcement of Ghailani’s arrest was delayed four days because of the need to confirm his identity before making the proclamation. [BBC, 7/30/2004] But former Pakistani official Husain Haqqani later claims the announcement was timed to upstage the Kerry speech. [Salon, 8/17/2004; United States Conference on International Religious Freedom, 6/30/2005] An article in the New Republic published earlier in the month reported that the Bush administration was asking Pakistan to make high-profile arrests of al-Qaeda suspects during the Democratic National Convention in order to redirect US media attention from the nomination of John Kerry (see July 8, 2004). [New Republic, 7/29/2004] John Judis, who co-wrote the article predicting such an arrest, says the day after the arrest is announced, “Well, the latest development pretty much confirms what we wrote in the article, which is that there was pressure for Pakistan to produce a high-value target during the last 10 days of July and to announce that arrest.” He also asks why is it “they announced [the arrest] at all? Because when you have somebody who’s been in hiding since 1998, they have an enormous amount of information and contacts. By announcing this guy’s arrest, what you do is you warn off everybody who’s been associated with him from the last five or six years. You tell them that they better get their act together or they are going to be found. So, there’s some, really a lot of questions of why they announced this thing when they did.… It may be in this case that we—that we, and the Pakistanis got somebody and prematurely announced this person’s arrest in order to have an electoral impact.” [Democracy Now!, 7/30/2004]

Entity Tags: John Judis, Faisal Hayat, John Ashcroft, John Kerry, Husein Haqqani, George W. Bush, Al-Qaeda, Ahmed Khalfan Ghailani

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 2004 Elections

The Bush administration issues a terror alert in the wake of the Democratic presidential convention, which ended on July 29, 2004. New Code Orange alerts are put into effect for New York City, Newark, and Washington, DC. Homeland Security Director Tom Ridge says, “Now this afternoon, we do have new and unusually specific information about where al-Qaeda would like to attack.… Compared to previous threat reporting, these intelligence reports have provided a level of detail that is very specific. The quality of this intelligence, based on multiple reporting streams in multiple locations, is rarely seen and it is alarming in both the amount and specificity of the information.… As of now, this is what we know: reports indicate that al-Qaeda is targeting several specific buildings, including the International Monetary Fund and World Bank in the District of Columbia; Prudential Financial in Northern New Jersey; and Citigroup buildings and the New York Stock Exchange in New York.” [Department of Homeland Security, 8/1/2004; Washington Post, 8/3/2004] But Ridge fails to mention that the so-called “casing disks” are from 2000 and 2001, nor does he discuss the fact that the decision on whether to issue the alerts had been hotly debated by officials over the weekend. Within 24 hours, the age of the intelligence is leaked, causing a controversy about the merit and urgency of the orange alert. [Suskind, 2006, pp. 325-326] The next day it will be revealed that the warning was based on information from the computer of recently captured al-Qaeda operative Muhammad Naeem Noor Khan (see August 2, 2004). President Bush and his top advisors learned of the arrest and subsequent “turning” of Noor Khan just the day before. They decide to publicize an alert based on data captured with Noor Khan, even though doing so could jeopardize a sting operation launched just days earlier in which Noor Khan is contacting dozens of al-Qaeda operatives around the world (see July 24-25, 2004). [Guardian, 8/8/2004] But even though Khan was arrested just weeks before, one senior law enforcement official who was briefed on the alert says, “There is nothing right now that we’re hearing that is new. Why did we go to this level?… I still don’t know that.” Homeland Security officials admit that that there is no indication that any terrorist action was imminent. “What we’ve uncovered is a collection operation as opposed to the launching of an attack,” says one. However, administration officials insist that even three-year-old intelligence, when coupled with other information about al-Qaeda’s plans to attack the US, justifies the security response in the three cities. President Bush says of the alerts, “It’s serious business. I mean, we wouldn’t be, you know, contacting authorities at the local level unless something was real.” A senior counterterrorism official says, “Most of the information is very dated but you clearly have targets with enough specificity, and that pushed it over the edge. You’ve got the Republican convention coming up, the Olympics, the elections…. I think there was a feeling that we should err on the side of caution even if it’s not clear that anything is new.” [Washington Post, 8/3/2004] Former Democratic presidential candidate Howard Dean says he worries “every time something happens that’s not good for President Bush, he plays this trump card, which is terrorism. It’s just impossible to know how much of this is real and how much of this is politics, and I suspect there’s some of both.” But conservatives defend the alert and Democratic presidential candidate John Kerry swiftly moves to disassociate his campaign from Dean’s remarks. [New York Observer, 8/4/2007] Author William Rivers Pitt points out that Laura Bush and daughters Barbara and Jenna make high-profile visits to the Citigroup Center in New York City on the first day of Ridge’s new orange alert. Noting this was one of the target buildings, Pitt asks, “George W. Bush sent his entire family to the very place that was supposedly about to be blown to smithereens?” Pitt concludes, “Bush and his administration officials are using terrorism—the fear of it, the fight against it—to manipulate domestic American politics. They are, as they have every day for almost three years now, using September 11 against their own people.” [Truthout (.org), 8/4/2004]

Entity Tags: Tom Ridge, Taliban, William Rivers Pitt, George W. Bush, John Kerry, Joseph Lieberman, Al-Qaeda, Howard Dean, Muhammad Naeem Noor Khan

Timeline Tags: Complete 911 Timeline, 2004 Elections

Muhammad Naeem Noor Khan.Muhammad Naeem Noor Khan. [Source: BBC]The New York Times reveals the identity of al-Qaeda operative Muhammad Naeem Noor Khan. Bush administration officials allegedly revealed his name to the Times in an attempt to defend a controversial US terror alert issued the day before (see August 1, 2004). [Associated Press, 8/10/2004; Suskind, 2006, pp. 325-326] Officials from the Department of Homeland Security apparently gave out the name without revealing that Khan had already been turned and was helping to catch other al-Qaeda operatives. [Daily Times (Lahore), 8/8/2004] A few days later, National Security Adviser Condoleezza Rice confirms that US officials named Khan to the reporters “on background.” [Boston Globe, 8/10/2004] But some days after that, anonymous Pakistani government sources will claim that Khan’s name was initially leaked by Pakistani officials. [Salon, 8/17/2004] Middle East expert Juan Cole suggests both accounts have merit. In the hours after the August 1 terror alert that was based on information secured from Khan’s computer, reporters scramble to determine the source of the alert. One reporter learns of the Khan arrest from a CIA analyst, though the analyst refuses to give out any names. Cole believes that New York Times reporter David Rohde then acquires Khan’s name from his Pakistani sources and confirms it through US sources at the Department of Homeland Security. [Antiwar.com, 8/19/2004] Khan, an al-Qaeda computer expert, was arrested in Pakistan on July 13 and quickly began cooperating with investigators. He started sending e-mails to other operatives around the world and asked them to report back in. As they replied, investigators began tracing their locations. But Khan’s name is revealed before his computer contacts could be fully exploited. Many al-Qaeda members, including some suspected plotters planning strikes on US targets, escape arrest because of the outing. One Pakistani official says, “Let me say that this intelligence leak jeopardized our plan and some al-Qaeda suspects ran away.” [Associated Press, 8/10/2004; Suskind, 2006, pp. 325-326] Intelligence reports also indicate that the exposure of Khan makes al-Qaeda members more cautious in their electronic communications. Many cells abruptly move their hideouts, causing the US losing track of them. [Salon, 8/9/2004; Village Voice, 8/2/2005] Some are critical about the leak of Khan’s name:
bullet Tim Ripley, a security expert who writes for Jane’s Defense publications, says, “The whole thing smacks of either incompetence or worse. You have to ask: what are they doing compromising a deep mole within al-Qaeda, when it’s so difficult to get these guys in there in the first place? It goes against all the rules of counterespionage, counterterrorism, running agents, and so forth. It’s not exactly cloak and dagger undercover work if it’s on the front pages every time there’s a development, is it?”
bullet British Home Secretary David Blunkett is openly contemptuous of the White House’s management of the information. “In the United States there is often high-profile commentary followed, as in the current case, by detailed scrutiny, with the potential risk of ridicule. Is it really the job of a senior cabinet minister in charge of counter-terrorism to feed the media? To increase concern? Of course not. This is arrant nonsense.” [Salon, 8/9/2004]
bullet Other high-level British officials are “dismayed by the nakedly political use made of recent intelligence breakthroughs both in the US and in Pakistan.” They complain that they had to act precipitously in arresting low-level al-Qaeda figures connected to Khan instead of using those suspects to ferret out more senior al-Qaeda figures. These officials are “dismayed by the nakedly political use made of recent intelligence breakthroughs both in the US and in Pakistan.” [New York Observer, 8/11/2004]
bullet Senator Charles Schumer (D-NY) writes in a letter to Bush officials, “I respectfully request an explanation [about] who leaked this Mr. Khan’s name, for what reason it was leaked, and whether the British and Pakistani reports that this leak compromised future intelligence activity are accurate.” [Boston Globe, 8/10/2004]
bullet Senator George Allen (R-VA) says, “In this situation, in my view, they should have kept their mouth shut and just said, ‘We have information, trust us’.”
bullet [Inter Press Service, 8/10/2004]
bullet Middle East expert Juan Cole notes that the leak of Khan’s name forced the British to arrest 12 members of an al-Qaeda cell prematurely, allowing others to escape. “[T]his slip is a major screw-up that casts the gravest doubts on the competency of the administration to fight a war on terror. Either the motive was political calculation, or it was sheer stupidity. They don’t deserve to be in power either way.” [Daily Times (Lahore), 8/8/2004]
bullet Salon’s Dale Davis says, “[S]adly, the damage [the Bush administration’s] machinations have caused to the goal of defeating al-Qaeda will be measured in the loss of the young American servicemen and women who carry the burden of their failed policies.” [Salon, 8/13/2004]

Entity Tags: John Loftus, Juan Cole, New York Times, James Ridgeway, Pakistan Directorate for Inter-Services Intelligence, George W. Bush, Dale Davis, Douglas Jehl, George F. Allen, Tim Ripley, Al-Qaeda, David Rohde, David Blunkett, Muhammad Naeem Noor Khan

Timeline Tags: Complete 911 Timeline

Dhiren Barot.Dhiren Barot. [Source: London Metropolitan Police]Dhiren Barot, a Londoner of Indian descent who converted to Islam and fought in Afghanistan and Pakistan, is arrested along with about a dozen other al-Qaeda suspects by British authorities (see August 3, 2004). Barot, who uses a number of pseudonyms, including Abu Eissa al-Hindi, will be charged with several crimes surrounding his plans to launch attacks against British and US targets. Barot’s plans were discovered in a computer owned by al-Qaeda operative Muhammad Naeem Noor Khan, who was arrested in July 2004 and was helping US intelligence until his outing by US and Pakistani officials on August 2, 2004 (see August 2, 2004). Though Barot is not believed to be a high-level al-Qaeda operative, he has connections to some of al-Qaeda’s most notorious leaders, including bin Laden and 9/11 plotter Khalid Shaikh Mohammed (KSM), who, according to the 9/11 Commission, dispatched him to “case” targets in New York City in 2001. Under the alias Issa al-Britani, he is known to have been sent to Malaysia in late 1999 or very early 2000 by KSM to meet with Hambali, the head of the al-Qaeda affiliate Jemaah Islamiyah. According to the commission report, Barot may have given Hambali the names of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. Barot may have traveled to Malaysia with Khallad bin Attash. Bin Attash is believed to be one of the planners behind the October 2000 bombing of the USS Cole (see October 12, 2000). Barot’s trip to Malaysia came just days before the well-documented January 2000 al-Qaeda summit where early plans for the 9/11 bombings were hatched (see January 5-8, 2000), though US officials do not believe that Barot was present at that meeting. British authorities believe that Barot was part of an al-Qaeda plan to launch a mass terror attack using chemical and/or radioactive weapons. Barot and other suspects arrested were, according to Western officials, in contact with al-Qaeda operatives in Pakistan, who themselves were communicating with bin Laden and other top al-Qaeda leaders as recently as July 2004. [MSNBC, 8/20/2004] Barot’s plans seem to have focused more actively on British targets, including London’s subway system. In November 2006, Barot will be convicted of conspiracy to commit murder and other crimes, and eventually sentenced to thirty years in prison by a British court. [BBC, 11/7/2006; BBC, 5/16/2007]

Entity Tags: Khallad bin Attash, USS Cole, Nawaf Alhazmi, Hambali, Dhiren Barot, Al-Qaeda, Osama bin Laden, Khalid Almihdhar, Jemaah Islamiyah, Khalid Shaikh Mohammed, Muhammad Naeem Noor Khan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Former president Bill Clinton questions the priorities of the Bush administration’s “war on terror,” asking why the administration is issuing groundless terror alerts “[b]ased on four-year-old information” (see August 1, 2004). He asks rhetorically, “Now, who is the threat from? Iraq? Saddam Hussein? No. From bin Laden. And al-Qaeda. How do we know about the threat? Because the Pakistanis found this computer whiz [Muhammad Naeem Noor Khan and got his computer and gave it to us so it could be analyzed (see August 2, 2004). … [W]e basically are dependent on [Pakistan] to find bin Laden…to break in and find the computer people and give it to us because we got all our resources somewhere else in Iraq.” He continues to ask why Bush isn’t focusing on bin Laden: “Why did we put our number one security threat in the hands of the Pakistanis with us playing a supporting role and put all of our military resources into Iraq, which was, I think, at best, our number five security threat[?] After the absence of a peace process in the Middle East, after the conflict between India and Pakistan and all the ties they had to Taliban, after North Korea and their nuclear program. In other words, how did we get to the point where we got 130,000 troops in Iraq and 15,000 in Afghanistan? It’s like saying… Okay, our big problem is bin Laden and al-Qaeda. We now know from the 9/11 Commission, again, that Saddam Hussein had nothing to do with it. Right? We now know that al-Qaeda is an ongoing continuing threat, even though when I was president we took down over 20 of their cells, they still had enough left to do 9/11, and since then, in the Bush years, they’ve taken down over 20 of their cells. But they’re operating with impunity in that mountainous region going back and forth between Pakistan and Afghanistan and we have only 15,000 troops in that country.…[W]e would have a better chance of catching them if we had 150,000 troops there rather than 15,000.” Asked if the US could have captured bin Laden in the days and months after 9/11, he replies, “[W]e will never know if we could have gotten him because we didn’t make it a priority….” [Canadian Broadcast Corporation, 8/6/2004]

Entity Tags: William Jefferson (“Bill”) Clinton, 9/11 Commission, Muhammad Naeem Noor Khan, Osama bin Laden, Saddam Hussein

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 2004 Elections

Former Pakistani government official Husain Haqqani says that Pakistan, not the US government, may have originally leaked the news to the international press that Muhammad Naeem Noor Khan, an al-Qaeda operative turned informant for the US and Pakistan, was a double agent (see August 2, 2004). The leak of Khan’s identity ruins his capability to provide information about al-Qaeda and allows senior al-Qaeda operatives to escape arrest. Haqqani writes that there are two possible reasons for Pakistan’s decision to leak such damaging information: either Pakistani officials were eager to demonstrate their success in penetrating al-Qaeda, or, more likely, that Pakistan wanted to curb the inroads being made into al-Qaeda in order to keep the terrorist group safe and functional. A second leak, from Pakistani intelligence officials like the first, fingered US officials for the leak. The US government accepted the responsibility for outing Khan because, Haqqani writes, administration officials were complicit in the leak, and because the Bush administration is involved in a twisted, mutually duplicitous relationship with the Musharraf regime of Pakistan: “ostensibly driven by the mutual desire for security, there is clearly a political element to the relationship related to the survival of both the Bush and the Musharraf governments.” [Salon, 8/17/2004] On August 6, 2004, former President Bill Clinton accused the Bush administration of essentially contracting out US security and the hunt for Osama bin Laden to Pakistan in its zeal to wage war in Iraq (see August 6, 2004). One consequence of the decision to subcontract the hunt for members of al-Qaeda to Pakistan is that the terrorists appear to be regrouping and regaining in strength. [Washington Post, 8/14/2004] Haqqani believes that the two have mutual political concerns: while Pakistan cooperates, to a point, in hunting down al-Qaeda members, the government of Pervez Musharraf is more secure. In return, Pakistani officials, known for their reticence, have lately been unusually forthcoming in issuing well-timed reports designed to help Bush’s re-election efforts. For instance, on July 29, just hours before John Kerry’s speech accepting the Democratic nomination for president, Pakistan’s interior minister, Faisal Hayat, held an unusual late-night press conference announcing the arrest of Ahmed Khalfan Ghailani, the man wanted for the 1998 terrorist bombings of the US embassies in Kenya and Tanzania (see July 25-29, 2004). [Salon, 8/17/2004]

Entity Tags: William Jefferson (“Bill”) Clinton, George W. Bush, Faisal Hayat, Pervez Musharraf, Husein Haqqani, John Kerry, Muhammad Naeem Noor Khan, Al-Qaeda, Ahmed Khalfan Ghailani

Timeline Tags: Complete 911 Timeline

August 20, 2004: Salah Finally Arrested

Mohammad Salah, Mousa Abu Marzouk, and Abdelhaleem Ashqar are indicted on racketeering conspiracy charges. Salah and Ashqar are arrested. Marzouk, considered a high-ranking Hamas leader, is out of reach in Syria. Marzouk had been charged in 2002 on related matters (see December 18, 2002-April 2005). Ashqar was already under house arrest on related charges of contempt and obstruction of justice. The three are accused of using US bank accounts to launder millions of dollars to support Hamas. The indictment alleges the laundered money was used to pay for murders, kidnappings, assaults, and passport fraud. Many of the charges date to the early 1990s (see 1989-January 1993) and had been the subject of legal cases in 1998 and 2000 (see June 9, 1998; May 12, 2000-December 9, 2004). [New York Times, 8/21/2004; Associated Press, 8/24/2004] Salah and Ashqar had been living openly in the US for several years. The US had declared Salah a “designated global terrorist” in 1995 and he returned to Chicago in 1997 (see February 1995). The media reported on this in 2003 but they still were not arrested (see June 2-5, 2003). In 1993, Ashqar took part in a secret Hamas meeting in Philadelphia that was wiretapped by the FBI (see October 1993). [ABC News, 6/12/2003; New York Times, 8/21/2004]

Entity Tags: Mohammad Salah, Abdelhaleem Ashqar, Federal Bureau of Investigation, Hamas, Mousa Abu Marzouk

Timeline Tags: Complete 911 Timeline

The 9/11 Commission attempts to make a list of all identity documents obtained by the hijackers, but its account, contained mostly in its Terrorist Travel Monograph, may be incomplete:
bullet The Commission says several of the hijackers obtained USA ID cards in the summer of 2001 (see (July-August 2001)), although at least one, and possibly more of the cards is fake, and this is not mentioned by the Commission. According to it, Khalid Almihdhar, Nawaf Alhazmi, and Abdulaziz Alomari obtained their cards on July 10. However, the Commission gives conflicting dates for Salem Alhazmi, Majed Moqed, and Ahmed Alghamdi. For example, in one place it says Alghamdi got his card in July and in another it says he got it in August. At least one card, that of Khalid Almihdhar, is fake and ID forger Mohamed el-Atriss will be arrested after 9/11 and sentenced to jail for forging IDs for the hijackers (see (July-August 2001) and November 2002-June 2003). The Commission further says that the Alhazmi brothers’ cards were “found in the rubble at the Pentagon,” citing a US Secret Service report. Although an image of a damaged USA ID card belonging to Nawaf Alhazmi will be produced as evidence at the trial of Zacarias Moussaoui, according to the 9/11 Commission Salem Alhazmi was unable to produce any photo ID when checking in for his flight on 9/11 (see 7:36 a.m. September 11, 2001), so it is unclear how his card came to be at the Pentagon. In addition, in the Commission’s Terrorist Travel Monograph, the mention of Salem Alhazmi’s card in the list of hijackers’ ID will be followed by a reference to an endnote. However, this endnote is missing; [9/11 Commission, 8/21/2004, pp. 27-29, 31-32, 34-44 pdf file; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006]
bullet FBI Director Robert Mueller will later say that the six hijackers who obtained USA ID cards plus Mohamed Atta obtained unspecified identification cards in Paterson, New Jersey (see July 2001). However, it is unclear whether this statement refers to the USA ID cards, or a different set of ID cards not mentioned by the 9/11 Commission;
bullet The Commission will say that Satam Al Suqami did not obtain any ID document in the US, which is why he had to take his passport on his final flight. The passport was found shortly after the plane he was traveling on hit the WTC (see After 8:46 a.m. September 11, 2001). [9/11 Commission, 8/21/2004, pp. 27-29, 31-32, 34-44 pdf file] However, Florida media reported a man named Satam Al Suqami obtained a Florida ID card on July 3, 2001, around the same time as several other hijackers obtained similar cards; [St. Petersburg Times, 9/16/2001]
bullet Ahmed Alhaznawi had a Florida’s driver’s license and two duplicates. Although the Commission mentions the original license and second duplicate, it does not mention the first one, issued on July 24, 2004. [St. Petersburg Times, 12/14/2001; 9/11 Commission, 8/21/2004, pp. 28, 32, 33 pdf file]

Entity Tags: Mohamed Atta, Salem Alhazmi, Majed Moqed, Ahmed Alhaznawi, Satam Al Suqami, 9/11 Commission, Abdulaziz Alomari, Ahmed Alghamdi, Khalid Almihdhar, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

James Schlesinger.James Schlesinger. [Source: HBO]The four-member Independent Panel to Review Department of Defense Detention Operations completes its final report on its investigations into the prisoner abuses that are known to have taken place in US-run detention centers throughout Iraq and Afghanistan. The investigative panel, which includes James R. Schlesinger, Harold Brown, Tillie K. Fowler, and Gen. Charles A. Horner, finds that a failure of leadership, leading all the way to Defense Secretary Rumsfeld, contributed to the abuse of prisoners. Like the Fay report (see August 25, 2004), to be released the following day, and the February 2004 Taguba report (see March 9, 2004), the Schlesinger report concludes that a lack of oversight and supervision allowed incidents, such as that which occurred at Abu Ghraib, to occur. Unlike preceding investigations, the Schlesinger Panel takes issue with the notion that abuses resulted from the actions of a few bad apples and were not widespread, charging that there is “both institutional and personal responsibility at higher levels.” The panel however does not name names. Notwithstanding their criticisms of the secretary, all four members say that Rumsfeld’s mistakes were comparably less significant than those made by uniformed officers. The panel, appointed by the secretary himself, recommends against removing Rumsfeld from office. [New York Times, 8/25/2004] In sum, the panel finds:
bullet Defense Secretary Rumsfeld and his aides failed to anticipate significant militant resistance to the US invasion and did not respond quickly enough to it when its strength became apparent. [New York Times, 8/25/2004]
bullet The Department of Defense created confusion when it issued, retracted, and then re-issued its policy on interrogation methods. [New York Times, 8/25/2004]
bullet The failure to adequately staff Abu Ghraib contributed to the poor conditions and abuses that took place at the prison. The ratio of military police to prisoners at the facility was 75 to one. [New York Times, 8/25/2004]
bullet Responsibility for the abuses that took place at Abu Ghraib go beyond the handful of MPs present in the photographs. “We found a string of failures that go well beyond an isolated cellblock in Iraq,” panelist Tillie K. Fowler explains during a Pentagon press conference. “We found fundamental failures throughout all levels of command, from the soldiers on the ground to the Central Command and to the Pentagon. These failures of leadership helped to set the conditions which allowed for the abusive practice to take place.” [US Department of Defense, 8/24/2004; New York Times, 8/25/2004]
bullet Rumsfeld’s decision (see December 2, 2002) on December 2, 2002 to authorize 16 pre-approved additional interrogation procedures for use at the Guantanamo facility; his subsequent decision (see January 15, 2003) to rescind that authority, and the final April 16, 2003 decision (see April 16, 2003) providing a final list of approved techniques was “an element contributing to uncertainties in the field as to which techniques were authorized.” The methods on the list eventually “migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [New York Times, 8/25/2004]
bullet The panel seemingly concludes that the interrogation methods approved for use in Afghanistan and at Guantanamo are lawful, fully agreeing that the Third Geneva Convention does not apply to detainees considered enemy combatants. The panel does not question whether the military was justified in classifying the detainees, or “terrorists,” as such. “The Panel accepts the proposition that these terrorists are not combatants entitled to the protections of Geneva Convention III. Furthermore, the Panel accepts the conclusion the Geneva Convention IV and the provisions of domestic criminal law are not sufficiently robust and adequate to provide for the appropriate detention of captured terrorists.” [US Congress, 9/9/2004, pp. 83 pdf file]
bullet The panel says that Gen. Ricardo Sanchez’s decision to classify some prisoners in Iraq as enemy combatants was “understandable,” even though Combined Joint Task Force 7 “understood there was no authorization to suspend application of the Geneva Conventions… .” [US Congress, 9/9/2004, pp. 83 pdf file]
bullet Abuses at Abu Ghraib involved both MPs and military intelligence personnel. “We now know these abuses occurred at the hands of both military police and military intelligence personnel,” the report says. “The pictured abuses, unacceptable even in wartime, were not part of authorized interrogations nor were they even directed at intelligence targets. They represent deviant behavior and a failure of military leadership and discipline. However, we do know that some of the egregious abuses at Abu Ghraib which were not photographed did occur during interrogation sessions and that abuses during interrogation sessions occurred elsewhere.… We concur with the Jones/Fay investigation’s (see August 25, 2004) conclusion that military intelligence personnel share responsibility for the abuses at Abu Ghraib with the military police soldiers cited in the Taguba investigation.” [New York Times, 8/25/2004]
bullet In Guantanamo, roughly one-third of all abuses were interrogation related. [New York Times, 8/25/2004]
bullet Contradicting the conclusions of the Red Cross report (see May 7, 2004), the Schlesinger report demonstrates that abuses were widespread. “Abuses of varying severity occurred at differing locations under differing circumstances and context,” the report’s authors write. “They were widespread and, though inflicted on only a small percentage of those detained… .” [New York Times, 8/25/2004]
bullet The abusive practices were not sanctioned by the military’s interrogation policy. “No approved procedures called for or allowed the kinds of abuse that in fact occurred. There is no evidence of a policy of abuse promulgated by senior officials or military authorities.” [New York Times, 8/25/2004]
bullet The panelists believe the abuses occurring during the night shift in Cell Block 1 of Abu Ghraib “would have been avoided with proper training, leadership and oversight.” [New York Times, 8/25/2004] Critics will say the report is a “whitewash,” noting that the panel cannot be considered independent given that it was appointed by Rumsfeld himself. Months before the panel completed its work, panelist Tillie Fowler said Rumsfeld should not be blamed for the abuses. “The secretary is an honest, decent, honorable man, who’d never condone this type of activity,” she said referring to the abuse at Abu Ghraib. “This was not a tone set by the secretary.” [New York Times, 6/6/2004]

Entity Tags: James R. Schlesinger, International Committee of the Red Cross, Harold Brown, Charles A. Horner, George R. Fay, Donald Rumsfeld, Tillie K. Fowler

Timeline Tags: Torture of US Captives, Civil Liberties

British terror suspect Binyam Mohamed (see May-September, 2001) is flown from Afghanistan (see January-September 2004) to Guantanamo. In Morocco, Mohamed confessed to a wide array of crimes to avoid torture (see July 21, 2002 -- January 2004); as he recalls, after being charged with crimes (see November 4, 2005), his captors now want him to alter his story. He will later say: “They said they were worried I would tell the court that I had only confessed through torture. They said now they needed me to say it freely. We called them the clean team, they wanted to say they had got this stuff from a clean interrogation.” He will recall one instance where he refuses to give his fingerprints; in return, he is beaten by the so-called “Emergency Reaction Force,” a much-feared assault team: “They nearly broke my back. The guy on top was twisting me one way, the guys on my legs the other. They marched me out of the cell to the fingerprint room, still cuffed. I clenched my fists behind me so they couldn’t take prints, so they tried to take them by force. The guy at my head sticks his fingers up my nose and wrenches my head back, jerking it around by the nostrils. Then he put his fingers in my eyes. It felt as if he was trying to gouge them out. Another guy was punching my ribs and another was squeezing my testicles. Finally I couldn’t take it any more. I let them take the prints.” [Daily Mail, 3/8/2009] In October 2008, all charges against Mohamed will be dropped (see October-December 2008). In late February 2009, Mohamed will be released (see February 22-24, 2009).

Entity Tags: Binyam Mohamed

Timeline Tags: Torture of US Captives

Porter Goss.Porter Goss. [Source: CIA]Porter Goss becomes the new CIA director, replacing George Tenet (John McLaughlin served as interim director for a few months after Tenet’s sudden resignation—see June 3, 2004). Goss was a CIA field agent, then a Republican representative and co-chair of the 2002 9/11 Congressional Inquiry. [Knight Ridder, 10/25/2004]
Ignored Pakistan, ISI during 9/11 Investigations - He took part in secret meetings with Pakistani ISI Director Mahmood Ahmed before 9/11 and on the morning of 9/11 itself (see August 28-30, 2001 and (8:00 a.m.) September 11, 2001). Despite some press reports that Mahmood directly ordered money to be sent to hijacker Mohamed Atta, there is virtually no mention of Mahmood or Pakistan in the Inquiry report that Goss co-chaired. Such issues appear to be forgotten by the US press, but the Times of India raised them when his nomination was announced. [Times of India, 8/10/2004]
Will Lead 'Purge' - During his confirmation hearings Goss pledges that he will be a nonpartisan CIA director, but he will purge the CIA of all but “true believers” in Bush’s policies shortly after becoming director (see November-December 2004). [Knight Ridder, 10/25/2004] CIA analyst Valerie Plame Wilson will later write that Goss “arrive[s] at headquarters with the clear intention to houseclean, and from the beginning [is] seen more as a crusader and occupier than former colleague. He [brings] with him several loyal Hill staffers, known for their abrasive management style, and immediately set[s] to work attempting to bring the CIA—with special emphasis on the often wild and willful operations directorate—to heel, per White House orders. White House officials had suspected that CIA officials had leaked information prior to the election about the intelligence surrounding the war in Iraq that put the agency in a better light. Thus, Goss’s orders from the administration [are] probably along the lines of ‘get control of it.’” She will write that while most at the CIA welcome the idea of reform as a means to rebuild the agency’s credibility, “Goss’s heavy-handedness [will be] bitterly resented.” Goss will fail to have any meaningful dealings with “senior agency managers,” will spend “little time with the heads of foreign intelligence services (all of whom the CIA relied on for cooperation with counterterrorism and counterproliferation matters),” will fail to sufficiently engage “in day-to-day activities,” and will fail to gain a grasp of “some of the details of operations.” [Wilson, 2007, pp. 211-212]

Entity Tags: Porter J. Goss, John E. McLaughlin, Valerie Plame Wilson

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

Amjad Farooqi.Amjad Farooqi. [Source: Associated Press]Amjad Farooqi, a leader of al-Qaeda and the Pakistani militant group Jaish-e-Mohammed, is allegedly shot and killed in Nawabshah, Pakistan, a town 170 miles north of Karachi. Farooqi had been indicted for the murder of US journalist Daniel Pearl in 2002 (see January 31, 2002), and was said to have been a mastermind of the two assassination attempts against Pakistani President Pervez Musharraf in December 2003 (see December 14 and 25, 2003). Farooqi is also believed to have taken part in the hijacking of an Indian airliner in late 1999 (see December 24-31, 1999). He is said to be close to al-Qaeda leader Abu Faraj al-Libbi. Farooqi was allegedly tracked by his mobile home to a hideout, which was then surrounded by police. He and two associates were killed after a two-hour gun battle, while three others were arrested. A senior Pakistani official says, “Farooqi’s elimination is a crushing blow to the al-Qaeda network in Pakistan because he was the man who had been providing al-Qaeda terrorists with the manpower to carry out attacks.” [Washington Post, 9/27/2004]
Staged Death? - However, the Asia Times reported in June 2004 that Farooqi had been secretly arrested already and that Musharraf was saving him for a politically opportune time. [Asia Times, 6/5/2004] After the announcement of his death, the Asia Times further report that its sources believe Farooqi indeed was killed, but his death was staged and he had been arrested months before. It is claimed that Pakistani authorities wanted him dead to close investigations into the murder of Daniel Pearl and the assassination attempts against Musharraf. In both cases, there are unanswered questions about the links between al-Qaeda and forces within the Pakistani government. Furthermore, some say the 1999 Indian airline hijacking he was said to have been a part of was planned by al-Qaeda-linked militants working with the Pakistani ISI (see December 24-31, 1999).
Allegedly Overhyped - The Asia Times further claims that while Farooqi was involved in Pearl’s death and the Musharraf assassinations, he was not the “super villain” he was made out to be in the months before his death. They also portray him as a stand-alone operator who worked with al-Qaeda and a number of Pakistani militant groups, but did not directly belong to any one group. [Asia Times, 9/28/2004; Asia Times, 9/29/2004]
Questions Unanswered - One senior Pakistani law-enforcement official says after the announcement of his death, “It was very important to catch Amjad Farooqi alive. Farooqi was the key link between the foot soldiers and those who ordered the murder [of Musharraf].” Another says, “Amjad Farooqi is now dead with the most important secret and we still don’t know for sure the real identity of the Pakistani or al-Qaeda or any other foreign elements who had launched Farooqi into action to remove General Musharraf from the scene.” [Asia Times, 9/30/2004]

Entity Tags: Pervez Musharraf, Jaish-e-Mohammed, Abu Faraj al-Libbi, Al-Qaeda, Amjad Farooqi

Timeline Tags: Complete 911 Timeline

In the 2004 presidential campaign, Democratic challenger Sen. John Kerry accuses the Bush administration of allowing bin Laden to escape Afghanistan in late 2001 by not sending enough US troops to contain him when he was trapped in the Tora Bora region. The New York Times publishes an op-ed by Gen. Tommy Franks, the former head of US Central Command. Franks writes, “On more than one occasion, Senator Kerry has referred to the fight at Tora Bora in Afghanistan during late 2001 as a missed opportunity for America. He claims that our forces had Osama bin Laden cornered and allowed him to escape. How did it happen? According to Mr. Kerry, we ‘outsourced’ the job to Afghan warlords. As commander of the allied forces in the Middle East, I was responsible for the operation at Tora Bora, and I can tell you that the senator’s understanding of events doesn’t square with reality.… We don’t know to this day whether Mr. bin Laden was at Tora Bora in December 2001. Some intelligence sources said he was; others indicated he was in Pakistan at the time; still others suggested he was in Kashmir. Tora Bora was teeming with Taliban and al-Qaeda operatives, many of whom were killed or captured, but Mr. bin Laden was never within our grasp.” Franks is a vocal supporter of Bush’s reelection. [New York Times, 10/19/2004] Shortly after Franks’ comments, four Knight Ridder reporters who had been at Tora Bora during the battle revisit the issue. They discover that “Franks and other top officials ignored warnings from their own and allied military and intelligence officers that the combination of precision bombing, special operations forces, and Afghan forces that had driven the Taliban from northern Afghanistan might not work in the heartland of the country’s dominant Pashtun tribe.” [Knight Ridder, 10/30/2004] Author Peter Bergen asserts, “There is plenty of evidence that bin Laden was at Tora Bora, and no evidence indicating that he was anywhere else at the time.” Bergen cites after-action US intelligence reports and interviews with US counterterrorism officials that express confidence bin Laden was at Tora Bora. He notes that bin Laden discussed his presence at the Tora Bora battle in a audio message released in 2003. [PeterBergen (.com), 10/28/2004] In 2005, Gary Berntsen, who was in charge of an on-the-ground CIA team trying to find bin Laden (see September 26, 2001), will claim that he gave Franks definitive evidence that bin Laden was trapped in Tora Bora (see Late October-Early December 2001). [Financial Times, 1/3/2006] In 2006, former counterterrorism “tsar” Richard Clarke will comment, “Yes, we know [bin Laden] absolutely was there.… And yes, he did escape. And Gen. Franks and the president can deny it until the cows come home, but they made a mistake. They did let him go away.” [PBS Frontline, 6/20/2006] In late 2006, it will be reported that the CIA possesses a video showing bin Laden walking out of Afghanistan at the end of the Tora Bora battle. It has not been reported if the CIA was aware of this video in 2004 or not (see Mid-December 2001).

Entity Tags: Richard A. Clarke, Thomas Franks, Peter Bergen, George W. Bush, John Kerry, Al-Qaeda, Bush administration (43), Gary Berntsen, Osama bin Laden, Taliban

Timeline Tags: Complete 911 Timeline, War in Afghanistan, 2004 Elections

The Supreme Court declines without comment to hear an appeal by “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and June 23, 2003). Al-Marri has filed a civil suit, Al-Marri v. Rumsfeld, challenging his detention and his status as an enemy combatant. Previously, courts ruled that al-Marri’s lawyers should have filed the suit in South Carolina, where al-Marri is being held in a Charleston naval brig, not in Illinois, where al-Marri was attending college. The Supreme Court refused to overturn that decision. Al-Marri’s lawyers intend to refile the suit in South Carolina (see August 8, 2005). [Al-Marri v. Rumsfeld, 6/2004; Associated Press, 10/4/2004; Slate, 4/20/2006]

Entity Tags: US Supreme Court, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives, Civil Liberties

Noor Uthman Muhammed, a detainee being held at Guantanamo, disputes many of the allegations made against him at a combatant status review tribunal hearing to determine if he is an enemy combatant. Muhammed admits receiving and giving military training at Khalden Camp in Afghanistan, buying food for the camp, and being captured with training camp facilitator Abu Zubaida (see March 28, 2002). However, he contests many of the charges, and he denies:
bullet Handling one of the weapons he is accused of using, the Zukair anti-aircraft weapon, which he says he has never heard of;
bullet Procuring a fax machine for Osama bin Laden. He did attempt to buy a piece of similar equipment, but the deal did not go through and the equipment was for himself, not bin Laden, who he has never met;
bullet Being assisted in his escape from Afghanistan by a senior al-Qaeda lieutenant. When he asks for the lieutenant’s name, the military officials are unable to provide it;
bullet Having a Somali passport;
bullet Being associated with al-Qaeda. He comments: “I have no knowledge of al-Qaeda, and I don’t know anybody from there. But if you want to say that I’m Muslim and want to make-believe I belong to al-Qaeda, then that is something different”;
bullet Being associated with the Taliban. He comments: “I don’t know anything about the Taliban. I never carried arms with them.” [US Department of Defense, 2004 pdf file]

Entity Tags: Noor Uthman Muhammed, Guantanamo Bay Naval Base

Timeline Tags: Torture of US Captives

James Pavitt.
James Pavitt. [Source: Publicity photo]James Pavitt, the CIA’s Deputy Director of Operations, states, “Given what we now know, in all the hindsight of the year 2004, I still do not believe we could have stopped the [9/11] attacks.” [New York Times, 10/27/2004] Pavitt is said to be heavily criticized in a still-classified CIA report about that agency’s failures to stop the 9/11 attacks (see January 7, 2005).

Entity Tags: Central Intelligence Agency, James Pavitt

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Roughly around 2004, the CIA suspects that Osama bin Laden has moved from the mountains of Pakistan or Afghanistan to an urban area in Pakistan. Marty Martin leads the CIA’s hunt for bin Laden from 2002 to 2004. After bin Laden’s death in 2011, he will say: “We could see from his videos what his circumstances were. In the immediate years [after bin Laden’s escape from Tora Bora in late 2001] he looked battle fatigued and on the run. He didn’t look healthy. We knew he was moving. But where? We simply didn’t know. Then, he gained weight and looked healthy. I told my analysts, ‘He’s gone urban, moved somewhere stable and safe.’” [ABC News, 5/19/2011] The only publicly known video of bin Laden after December 2001 is one released in October 2004, so Martin presumably is referring to that (see December 26, 2001 and October 29, 2004).

Entity Tags: Osama bin Laden, Marty Martin, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

A former CIA officer will tell New Yorker reporter Seymour Hersh that, in mid-2004, the White House began putting pressure on CIA analysts “to see more support for the administration’s political position.” But after Porter Goss becomes the new CIA director (see September 24, 2004) and the November 2004 election passes, a “political purge” of employees who have written papers that dissent with Bush policies begins. One former official notes that only “true believers” remain. [New Yorker, 1/24/2005]
'Creeping Politicization' - An anonymous former CIA official tells Newsday: “The agency is being purged on instructions from the White House. Goss was given instructions… to get rid of those soft leakers and liberal Democrats.” [Newsday, 11/14/2004] In 2007, CIA analyst Valerie Plame Wilson will write, “Employees’ worst fears about the creeping politicization of the CIA” are confirmed when Goss issues the memo about the agency supporting the administration. She will observe: “Although a CIA spokesman explained the memo as a statement of the agency’s nonpartisan nature, it appeared to be just the opposite. It had a kind of creepy Orwellian Ministry of Truth ring to it—further dismaying CIA staffers who believed the agency was rapidly losing credibility and power as partisan politics began to degrade its work product.” [Wilson, 2007, pp. 212] Days after the November 2004 presidential election, Goss circulates an internal memorandum to all CIA employees, telling them their job is to “support the administration and its policies in our work.” [New York Times, 11/17/2004] The memo also contains a caveat that they should “let the facts alone speak to the policymaker.” However, an op-ed in the Los Angeles Times calls this mere “lip service,” and says the memo leaves “the impression that in the second Bush administration, the White House will run the CIA.… Goss has confirmed the worst fears of critics who warned he was too partisan when Bush appointed him.” [Los Angeles Times, 11/21/2004]
Morale 'Dangerously Low,' Many Senior Officials Leave - Plame Wilson will recall hearing from her colleagues throughout August, while she was on leave, “that morale was dangerously low, and there was a spirit of outright revolt towards Porter Goss and his ‘Gosslings.’ Everyone was calculating the benefits of staying or jumping from the fast-sinking ship.” [Wilson, 2007, pp. 213] Such new policies inspire more employees to leave. By the time the purge is completed in early 2005, about 20 senior CIA officials will have resigned or retired. Only one member of the leadership team from George Tenet’s tenure will remain. [Washington Post, 1/6/2005] Newsweek says the “efforts at cleaning house may have only thrown the spy agency into deeper turmoil.” [Newsweek, 2/21/2005] Plame Wilson will write: “At least one thousand years of hard-earned operational experience walked out when our country’s national security needs were greatest. It was devastating.” [Wilson, 2007, pp. 213]

Entity Tags: Bush administration (43), Porter J. Goss, Valerie Plame Wilson, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, Civil Liberties, 2004 Elections

Salim Ahmed Hamdan.Salim Ahmed Hamdan. [Source: Public domain]US District Judge James Robertson rules that the Combatant Status Review Tribunal being held at the Guantanamo base in Cuba to determine the status of detainee Salim Ahmed Hamdan is unlawful and cannot continue. At the time of the decision, Hamdan is before the Guantanamo military commission. [Washington Post, 11/9/2004; USA Today, 11/9/2004] The commission system, as set up by White House lawyers David Addington and Timothy Flanigan three years before (see Late October 2001), gives accused terrorists such as Hamdan virtually no rights; in author and reporter Charlie Savage’s words, “the [Bush] administration had crafted rules that would make it easy for prosecutors to win cases.” [Savage, 2007, pp. 195-196]
Violation of Geneva Conventions - Robertson, in his 45-page opinion, says the government should have conducted special hearings to determine whether detainees qualified for prisoner-of-war protections under the Geneva Conventions at the time of capture. [USA Today, 11/9/2004] He says that the Bush administration violated the Geneva Conventions when it designated prisoners as enemy combatants, denied them POW protections, and sent them to Guantanamo. [Boston Globe, 11/9/2004] The Combatant Status Review Tribunals that are currently being held in response to a recent Supreme Court decision (see June 28, 2004) are inadequate, Robertson says, because their purpose is to determine whether detainees are enemy combatants, not POWs, as required by the Third Geneva Convention. [USA Today, 11/9/2004]
Rejects Claims of Presidential Power - Robertson also rejects the administration’s claim that the courts must defer to the president in a time of war. “The president is not a ‘tribunal,’” the judge says. [USA Today, 11/9/2004] Robertson, a Clinton appointee, thus squarely opposes both the president’s military order of November 13, 2001 (see November 13, 2001) establishing the possibility of trial by military tribunal, and his executive order of February 7, 2002 (see February 7, 2002) declaring that the Geneva Conventions do not to apply to Taliban and al-Qaeda prisoners. “The government has asserted a position starkly different from the positions and behavior of the United States in previous conflicts,” Robertson writes, “one that can only weaken the United States’ own ability to demand application of the Geneva Conventions to Americans captured during armed conflicts abroad.” [USA Today, 11/9/2004; Washington Post, 11/9/2004; Boston Globe, 11/9/2004]
Orders Military Courts-Martial - Robertson orders that until the government conducts a hearing for Hamdan before a competent tribunal in accordance with the Third Geneva Conventions, he can only be tried in courts-martial, according to the same long-established military rules that apply to trials for US soldiers. [Washington Post, 11/9/2004; Boston Globe, 11/9/2004] Robertson’s ruling is the first by a federal judge to assert that the commissions are illegal. [Washington Post, 11/9/2004]
Hearings Immediately Recessed - When word of Robertson’s ruling comes to Guantanamo, Colonel Peter Brownback, presiding over a pretrial hearing for Hamdan, immediately gavels the hearing closed, declaring an “indefinite recess” for the tribunal. [Savage, 2007, pp. 195-196]
Ruling Applauded by Civil Libertarians, Rejected by Bush Lawyers - Anthony Romero, director of the American Civil Liberties Union; Eugene Fidell, president of the National Institute of Military Justice; and Michael Ratner, president of the Center for Constitutional Rights, all applaud Robertson’s ruling. [Boston Globe, 11/9/2004] The Bush administration rejects the court’s ruling and announces its intention to submit a request to a higher court for an emergency stay and reversal of the decision. “We vigorously disagree.… The judge has put terrorism on the same legal footing as legitimate methods of waging war,” Justice Department spokesman Mark Corallo says. “The Constitution entrusts to the president the responsibility to safeguard the nation’s security. The Department of Justice will continue to defend the president’s ability and authority under the Constitution to fulfill that duty.” [Washington Post, 11/9/2004; Boston Globe, 11/9/2004] He also says that the commission rules were “carefully crafted to protect America from terrorists while affording those charged with violations of the laws of war with fair process.” [Boston Globe, 11/9/2004]
Ruling May Affect Other Detainees - Though the ruling technically only applies to Hamdan, his civilian attorney, Neal Katyal, says it could affect other detainees. “The judge’s order is designed only to deal with Mr. Hamdan’s case,” Katyal says. “But the spirit of it… extends more broadly to potentially everything that is going on here at Guantanamo.” [USA Today, 11/9/2004]

Entity Tags: Mark Corallo, Neal Katyal, James Robertson, George W. Bush, Anthony D. Romero, Peter Brownback, Charlie Savage, US Supreme Court, American Civil Liberties Union, Salim Ahmed Hamdan

Timeline Tags: Torture of US Captives, Civil Liberties

Mohamed Alanssi, an FBI counterterrorism informant (see November 2001), sets himself on fire in front of the White House in protest over how the bureau has handled him. Alanssi had previously informed the Washington Post and Robert Fuller, his FBI handler in New York, of his intention. Fuller is an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001 and September 4-5, 2001). Alanssi approaches the White House and asks the Secret Service to deliver a note to President Bush. When he is turned away, he steps back and then sets his jacket on fire, suffering serious burns before the Secret Service agents can extinguish the flames. Alanssi is primarily unhappy that the FBI has confiscated his passport, because he is ill and wants to visit his family in Yemen, where his wife is sick with stomach cancer. The FBI is apparently holding the passport in an attempt to make him testify at the trial of Mohammed Ali Hassan al-Moayad, an associate of Osama bin Laden that Alanssi informed on (see January 2003). Alanssi has also complained to the Post that the FBI has not kept all of its promises, allowing his identity to become known, endangering himself and his family, not giving him US citizenship, and paying him $100,000 after promising him he would “be a millionaire.” Alanssi told the Post: “It is my big mistake that I have cooperated with FBI. The FBI has already destroyed my life and my family’s life and made us in a very danger position.… I am not crazy to destroy my life and my family’s life to get $100,000.” [Washington Post, 11/16/2004]

Entity Tags: Federal Bureau of Investigation, Mohamed Alanssi, Robert Fuller, US Secret Service

Timeline Tags: Complete 911 Timeline

The new director of the CIA, Porter Goss (see September 24, 2004), issues a memo to CIA employees that, in author Craig Unger’s words, “instantly confirm[s] his reputation as an administration loyalist.” The memo reads in part: “As agency employees we do not identify with, support, or champion opposition to the administration in its policies. [Our job is] to support the administration and its policies in our work.” While the CIA has been sensitive to the desires of previous administrations, it has always worked to keep at least some distance between itself and the political ebb and flow of Washington, and tried to preserve at least some degree of impartiality. Goss intends to change all that and make the CIA another arm of the White House. Unger will later write: “With [soon-to-be named Secretary of State Condoleezza] Rice, [soon-to-be National Security Adviser Stephen] Hadley, and Goss in key positions, Bush, Cheney, and Rumsfeld had consolitated control over national security to an unprecedented degree. The notion that America’s $40 billion intelligence apparatus would speak truth to power had become a pipe dream.” [Unger, 2007, pp. 326]

Entity Tags: Porter J. Goss, Bush administration (43), Craig Unger, Central Intelligence Agency

Timeline Tags: Civil Liberties

Daniel Levin.Daniel Levin. [Source: ABC News]Daniel Levin, the acting chief of the Justice Department’s Office of Legal Counsel (OLC), goes to a military base near Washington and has himself subjected to simulated waterboarding to judge for himself whether or not the interrogation tactic is torture. Levin then tells White House officials that he found the experience terrifying, and he is sure it simulates drowning. Levin concludes that waterboarding clearly qualifies as torture and should not be used by US personnel except in a highly limited and closely supervised fashion. Levin, who like his predecessor Jack Goldsmith (see June 17, 2004) is deeply troubled by the White House’s advocacy of torture as a method of securing information from terror suspects, and by its refusal to issue clear guidelines as to what is and what is not torture, decides to prepare a memo—legally binding—to replace the August 2002 Justice Department memo that established torture as an acceptable method of interrogation. Goldsmith had already withdrawn the memo after finding it deeply flawed (see December 2003-June 2004). In December 2004, Levin issues his new memo, which flatly states that “[t]orture is abhorrent” (see December 30, 2004), but he notes that the Justice Department is not declaring any previous positions by the administration illegal. Levin is planning a second memo that will impose tighter restrictions on specific interrogation techniques, but he never gets the chance to complete it. New attorney general Alberto Gonzales forces him out of the department instead, and replaces him with a much more compliant OLC chief, Steven Bradbury (see June 23, 2005). Most experts believe that waterboarding is indeed torture, and that torture is a poor way of extracting accurate information. Retired Rear Admiral John Hutson will say, “There is no question this is torture—this is a technique by which an individual is strapped to a board, elevated by his feet and either dunked into water or water poured over his face over a towel or a blanket.” [ABC News, 11/2/2007; Think Progress, 11/3/2007; GulfNews, 11/5/2007] Gonzales is widely believed to have been selected as the new attorney general in part to ease the way for the Bush administration to continue its support for torture as a valid method of interrogation. Shortly after taking the office, Gonzales pressured Levin to add the footnote exculpating the administration from any legal responsibility for its previous positions, and shortly thereafter, Gonzales has Levin removed from the department. In November 2007, the Washington Post’s editorial board will decry Gonzales’s ouster of Levin, and the administration’s support for torture, as a blatant “disregard for principle.” [Washington Post, 11/6/2007] MSNBC host Keith Olbermann, a harsh critic of the Bush administration, will later call Levin “an astonishingly patriotic American and a brave man.” He will fire a broadside directly at the president: “Daniel Levin should have a statue in his honor in Washington right now. Instead, he was forced out as acting assistant attorney general nearly three years ago because he had the guts to do what George Bush couldn’t do in a million years: actually put himself at risk for the sake of his country, for the sake of what is right.” [MSNBC, 11/5/2007]

Entity Tags: Washington Post, US Department of Justice, Steven Bradbury, Office of Legal Counsel (DOJ), Daniel Levin, Bush administration (43), Keith Olbermann, George W. Bush, John D. Hutson, Jack Goldsmith, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

Daniel Levin, the outgoing chief of the Justice Department’s Office of Legal Counsel (OLC—see Late 2004-Early 2005), sends a memo to Deputy Attorney General James Comey. The memo will remain secret, but the American Civil Liberties Union (ACLU) will learn that it provides legal advice on communications between defense attorneys and detainees in combatant status review tribunals. [ProPublica, 4/16/2009]

Entity Tags: US Department of Justice, American Civil Liberties Union, Daniel Levin, James B. Comey Jr., Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Alex Ben Lock of Television Week writes: “We have seen in the past year the rise of the Fox News Channel, founded only in 1996 (see October 7, 1996), as one of the most important news media of our culture.… Fox has engaged an even larger audience that is amazingly loyal to the FNC brand.… Fox News, in combination with a network of conservative talk radio commentators, has changed the way many Americans process news—despite or maybe because of the adamant opposition of numerous intellectuals, journalists, celebrities, and others who still can’t believe what has happened” (see October 13, 2009). [Jamieson and Cappella, 2008, pp. 48]

Entity Tags: Alex Ben Lock, Fox News

Timeline Tags: Domestic Propaganda

Saad al-Fagih.Saad al-Fagih. [Source: PBS]The US and UN designate Saad al-Fagih a global terrorist, but Britain, where he lives, takes no effective action against him. Al-Fagih helped supply bin Laden with a satellite telephone used in the 1998 embassy bombings (see November 1996-Late August 1998). Britain seizes the assets of al-Fagih and his organization, the Movement for Islamic Reform in Arabia. [US Department of the Treasury, 12/21/2004; BBC, 12/24/2004] However, Saudi ambassador to Britain Prince Turki al-Faisal will later complain that the total seized is only ”£20 or something” (note: equivalent of about $39) and that the British government allows al-Fagih to continue to operate openly from London, despite being a specially designated global terrorist (see August 10, 2005). [London Times, 8/10/2005] Britain has long been suspected of harboring Islamic militants in return for them promising not to attack Britain (see August 22, 1998).

Entity Tags: Turki al-Faisal, Saad al-Fagih, Movement for Islamic Reform in Arabia, US Department of the Treasury, United Nations

Timeline Tags: Complete 911 Timeline

The Justice Department issues a 17-page memo which officially replaces the August 2002 memo (see August 1, 2002), which asserted that the president’s wartime powers supersede international anti-torture treaties and defined torture very narrowly, describing it as a tactic that produces pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” The new memo, authored by acting chief of the Office of Legal Counsel (OLC) and Acting Assistant Attorney General Daniel Levin, is ostensibly meant to deflect criticisms that the Bush administration condones torture. In fact, the very first sentence reads, “Torture is abhorrent both to American law and values and to international norms.” But the White House insists that the new memo does not represent a change in policy because the administration has always respected international laws prohibiting the mistreatment of prisoners. The primary concern of the new memo is to broaden the narrow definition of torture that had been used in the August memo. Levin adopts the definition of torture used in Congressional anti-torture laws, which says that torture is the infliction of physical suffering, “even if it does not involve severe physical pain.” But the pain must still be more than “mild and transitory,” the memo says. Like the original memo, Levin says that torture may include mental suffering. But to be considered so it would not have to last for months or years, as OLC lawyers Jay Bybee and John Yoo had asserted two years earlier. The most contested conclusions of the August 2002 memo—concerning the president’s wartime powers and potential legal defense for US personnel charged with war crimes—are not addressed in the Levin memo. “Consideration of the bounds of any such authority would be inconsistent with the president’s unequivocal directive that United States personnel not engage in torture,” the memo says. [US Department of Justice, 12/30/2004 pdf file; Associated Press, 12/31/2004]
National Security Not a Justification for Torture - The memo also attempts to quell concerns that the administration believes national security may be used as justification for tactics that could be considered as torture. It states, “[A] defendant’s motive (to protect national security, for example) is not relevant to the question whether he has acted with the requisite specific intent under the statute.” [US Department of Justice, 12/30/2004 pdf file]
Memo Divided White House Officials - Many in the White House opposed the issuance of the memo, but were rebuffed when other administration officials said the memo was necessary to ease the confirmation of Alberto Gonzales as Attorney General. [New York Times, 10/4/2007]
Torture Opponents Disappointed - Civil libertarians and opponents of torture within the Justice Department are sharply disappointed in the memo. While it gives a marginally less restrictive definition of the pain required to qualify as torture, and gives no legal defenses to anyone who might be charged with war crimes, it takes no position on the president’s authority to override interrogation laws and treaties, and finds that all the practices previously employed by the CIA and military interrogators were and are legal. Yoo will later write that “the differences in the opinions were for appearances’ sake. In the real world of interrogation policy, nothing had changed. The new opinion just reread the statute to deliberately blur the interpretation of torture as a short-term political maneuver in response to public criticism.” [Savage, 2007, pp. 196-197]
Secret Memo Will Allow Waterboarding; Dissidents Purged - A secret memo is completed a short time later that allows such torture techniques as waterboarding to be used again (see February 2005). The Levin memo triggers a department-wide “purge” of dissidents and torture opponents; some will resign voluntarily, while others will resign after being denied expected promotions. [Savage, 2007, pp. 197]

Entity Tags: Office of Legal Counsel (DOJ), Bush administration (43), Daniel Levin, Alberto R. Gonzales, Jay S. Bybee, John C. Yoo

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

PBS Frontline releases a chronology of events in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The original source of the chronology is a document given to freelance reporter Ben Fenwick by a disgruntled staff member on the defense team of convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) who was unhappy with the way lead attorney Stephen Jones was handling the case (see August 14-27, 1997). In late March or early April of 1997, shortly before McVeigh’s trial began (see April 24, 1997), Fenwick brings the document to ABC News. The document is titled “Factual Chronology,” and details McVeigh’s movements and activities in the years, days, and months leading up to the bombing. Fenwick reportedly had the document in his possession for several months before approaching ABC with it. PBS Frontline producer Martin Smith, at the time an ABC News employee, saw the document. ABC produces two reports on McVeigh; those reports, along with an article Fenwick wrote for Playboy magazine, were the first to use the chronology as source material. Smith and co-producer Mark Atkinson will later produce a dual biography of McVeigh and co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) using the chronology. Of the document, Smith writes, “This 66-page chronology is extraordinary in that it correlates in great detail with everything I had learned about McVeigh and Nichols and provided a great deal of new detail on McVeigh’s movements and actions in the crucial days and hours leading up to the bombing.” Much of the material in the chronology came directly from McVeigh. Smith writes that the material comprises “a startling confession, outlining in considerable detail how McVeigh prepared and carried out the attack.” He notes that the chronology is “consistent with statements made by McVeigh during dozens of hours of interviews done with him by reporters Lou Michel and Dan Herbeck for their recent book, American Terrorist: Timothy McVeigh and the Oklahoma City Bombing.” The document is labeled as being from Jones’s law firm Jones, Wyatt, & Roberts, and is stamped, “CONFIDENTIAL AND PRIVILEGED MEMORANDUM; ATTORNEY WORK PRODUCT and ATTORNEY/CLIENT COMMUNICATION.” It is labeled as being routed to Jones from Amber McLaughlin and Bob Wyatt, and dated January 22, 1996. [PBS Frontline, 3/2005]

Entity Tags: Lou Michel, Amber McLaughlin, ABC News, Ben Fenwick, Dan Herbeck, Martin Smith, Terry Lynn Nichols, Mark Atkinson, Bob Wyatt, PBS Frontline, Stephen Jones, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Details of an internal CIA report (see June-November 2004) investigating the CIA’s failure to stop the 9/11 attacks are leaked to the New York Times. The report by John Helgerson, the CIA’s inspector general, was completed in June 2004 but remains classified (see June-November 2004). It sharply criticizes former CIA Director George Tenet, as well as former Deputy Director of Operations James Pavitt. It says these two and others failed to meet an acceptable standard of performance, and recommends that an internal review board review their conduct for possible disciplinary action. Cofer Black, head of the CIA’s Counter Terrorism Center at the time of 9/11, is also criticized. However, the New York Times notes that, “It is not clear whether either the agency or the White House has the appetite to reprimand Mr. Tenet, Mr. Pavitt or others.… particularly since President Bush awarded a Medal of Freedom to Mr. Tenet last month.” It is unclear if any reprimands will occur, or even if the final version of the report will point blame at specific individuals. [New York Times, 1/7/2005] In late October 2004, the new CIA Director, Porter Goss, had asked Helgerson to modify the report to avoid drawing conclusions about whether individual CIA officers should be held accountable. [New York Times, 11/2/2004] Helgerson “appears to have accepted [Goss’s] recommendation” and will defer any final judgments to a CIA Accountability Review Board. The final version of the report is said to be completed within weeks. [New York Times, 1/7/2005] However, months pass, and in October 2005, Goss will announce that he is not going to release the report, and also will not convene an accountability board to hold anyone responsible (see October 10, 2005), although an executive summary will be released in 2007 (see August 21, 2007).

Entity Tags: John Helgerson, George W. Bush, Cofer Black, Central Intelligence Agency, George J. Tenet, James Pavitt

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Justice Department issues a secret opinion that countermands and contradicts the administration’s official policy that torture is “abhorrent” and will not be practiced by US military or law enforcement officials (see December 30, 2004). The secret opinion is, the New York Times writes two years later while publicly revealing its existence, “an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency.” The opinion gives explicit authorization to abuse detainees with a combination of physical and psychological abuse, including head-slapping, stress positioning, simulated drowning (“waterboarding”), and prolonged exposure to intense cold. New attorney general Alberto Gonzales (see November 10, 2004) approves the memo over the objections of deputy attorney general James Comey, himself preparing to leave the Justice Department after a series of battles over the legality of torture and the domestic surveillance program (see March 10-12, 2004). Comey says at the time that everyone at the department will be “ashamed” of the new opinion once the world learns of it. [New York Times, 10/4/2007]

Entity Tags: US Department of Justice, Alberto R. Gonzales, Central Intelligence Agency, New York Times

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

The acting chief of the Justice Department’s Office of Legal Counsel, Daniel Levin, sends a memo to William J. Haynes, the chief counsel for the Defense Department, advising Haynes that he is withdrawing the Justice Department’s March 2003 memo that justified certain “harsh” methods of interrogation of prisoners in US custody. Levin, writing in carefully couched legal language, says that many of the interrogation methods currently in use by US interrogators are not within the legal parameters for interrogation—in other words, the methods qualify as torture under US law. [US Department of Justice, 2/4/2005 pdf file] Levin recently underwent a simulated waterboarding session to determine for himself if the practice qualified as torture, and determined that it did so. He will shortly be relieved of his position in the Justice Department, and the administration will continue its support for waterboarding and other “harsh” methods of interrogation (see Late 2004-Early 2005).

Entity Tags: Daniel Levin, William J. Haynes, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

The New York Times reports that, according to current and former government officials, there is “widening unease within the Central Intelligence Agency over the possibility that career officers could be prosecuted or otherwise punished for their conduct during interrogations and detentions of terrorism suspects.” The conduct is questionable because it is said to amount to torture in some cases (see Mid-May 2002 and After, Shortly After September 6, 2006 and March 10-April 15, 2007). At this time, only one CIA contractor has been charged with a crime, after a prisoner died in Afghanistan. However, at least half a dozen other investigations by the Justice Department and the CIA’s Inspector General are ongoing, and involve actions in Afghanistan, Iraq, and possibly “black sites” in other countries. An official says, “There’s a lot more out there than has generally been recognized, and people at the agency are worried.” [New York Times, 2/27/2005] Apparently due to these fears, some officers purchase legal insurance policies. [ABC News, 12/15/2007]

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

Timeline Tags: Complete 911 Timeline

Philip Zelikow (second from left) with Secretary of State Condoleezza Rice (left), and Israeli Prime Minister Ehud Olmert (right).Philip Zelikow (second from left) with Secretary of State Condoleezza Rice (left), and Israeli Prime Minister Ehud Olmert (right). [Source: Ron Sachs/Consolidated News Photos]Philip Zelikow, formerly the executive director of the 9/11 Commission, will serve as a senior adviser for Condoleezza Rice in her new position as secretary of state. His position, counselor of the United States Department of State, is considered equal to undersecretary of state. [Richmond Times-Dispatch, 2/28/2005] Rice says: “Philip and I have worked together for years. I value his counsel and expertise. I appreciate his willingness to take on this assignment.” According to author Philip Shenon, Zelikow tells his new colleagues at the State Department that it is “the sort of job he had always wanted.” [Shenon, 2008, pp. 418] 9/11 victims’ relatives groups had demanded Zelikow’s resignation from the 9/11 Commission, claiming conflict of interest, including being too close to Rice (see March 21, 2004).

Entity Tags: Philip Zelikow, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Steven Bradbury, the acting head of the Justice Department’s Office of Legal Counsel (OLC), issues a finding that the government’s use of “video news releases” (VNRs—see March 15, 2004 and May 19, 2004) is not propaganda and therefore not illegal. The VNRs might be “covert,” he writes, since the government actively misled viewers as to their source, but they are not “propaganda,” since they merely explain government programs and facts, and do not espouse a political point of view. Because OLC opinions are legally binding, Bradbury’s “advisory opinion” effectively precludes White House and other agency officials from being prosecuted for authorizing the VNRs, and the practice continues. The General Accounting Office (GAO) rejects Bradbury’s finding and continues to insist that the VNRs are unethical and illegal. [Savage, 2007, pp. 172-173] Two months later, Congress will prohibit the government’s use of VNRs (see May 2005).

Entity Tags: Office of Legal Counsel (DOJ), Bush administration (43), Steven Bradbury, General Accounting Office, US Department of Justice

Timeline Tags: Domestic Propaganda

Abu Bakar Bashir.Abu Bakar Bashir. [Source: US National Counterterrorism Center]Abu Bakar Bashir, allegedly the spiritual leader of Jemaah Islamiyah, al-Qaeda’s main affiliate in Southeast Asia, is acquitted of most charges in a trial in Indonesia. Bashir, a well-known radical imam, had been accused of involvement in the 2002 Bali bombings (see October 12, 2002) and 2003 Marriott Hotel bombing (see August 5, 2003). However, he is only convicted of one charge of criminal conspiracy, because the judges say he knew the bombers and his words may have encouraged them. Bashir is sentenced to 30 months in prison, but is released after serving only one year due to good behavior. In late 2006, the Indonesian supreme court will void his one conviction altogther. [New York Times, 3/4/2005; Associated Press, 12/26/2006] The New York Times will later report: “Legal observers here said the case against Mr. Bashir was weak. The strongest evidence linking him to the Bali terrorist attacks was never heard by the five-judge panel because of a decision by the Bush administration that the Indonesian government would not be allowed to interview two senior al-Qaeda operatives, Riudan Isamuddin, better known as Hambali, and Omar al-Faruq.” The CIA has been holding Hambali and al-Faruq in secret prisons since 2003 and 2002 respectively (see August 12, 2003 and June 5, 2002). [New York Times, 6/14/2006] One Indonesian counterterrorism official says: “We need[ed] Hambali very much. We [fought] to get access to him, but we have failed.” An unnamed Australian official complains that the US was hypocritical in pressing Indonesia to prosecute Bashir and then doing nothing to help convict him. [New York Times, 3/4/2005] Al-Faruq allegedly told the CIA that Bashir had provided logistical and financial support for several terrorist attacks, but he was also interrogated by techniques considered close to torture. The US allowed Indonesian officials to directly interrogate al-Faruq in 2002, but then prohibited any later access to him (see June 5, 2002). And shortly after Hambali’s arrest in 2003, President Bush promised to allow Hambali to be tried in Indonesia, but then failed to even give Indonesians any access to him (see October 23, 2003).

Entity Tags: Bush administration (43), Omar al-Faruq, Hambali, Abu Bakar Bashir

Timeline Tags: Complete 911 Timeline

Stations such as Los Angeles’s KABC-TV routinely re-edit graphics to fit their own formatting. The graphic on the left was part of a VNR produced by a private firm; on the right is KABC’s edited graphic.Stations such as Los Angeles’s KABC-TV routinely re-edit graphics to fit their own formatting. The graphic on the left was part of a VNR produced by a private firm; on the right is KABC’s edited graphic. [Source: PRWatch (.org)] (click image to enlarge)An investigation by the New York Times reveals that the government’s use of “video news releases,” or so-called “fake news” reports provided by the government and presented to television news viewers as real news (see March 15, 2004), has been used by far more government agencies than previously reported. The Times report finds that VNRs from the State Department, the Transportation Security Administration (TSA), and the Agriculture Department are among the agencies providing VNRs to local television news broadcasters. Previous media reports focused largely on the VNRs provided by the Department of Health and Human Services to tout the Bush administration’s Medicare proposals. The Times finds that “at least 20 federal agencies, including the Defense Department and the Census Bureau, have made and distributed hundreds of television news segments in the past four years.… Many were subsequently broadcast on local stations across the country without any acknowledgement of the government’s role in their production.… [T]he [Bush] administration’s efforts to generate positive news coverage have been considerably more pervasive than previously known. At the same time, records and interviews suggest widespread complicity or negligence by television stations, given industry ethics standards that discourage the broadcast of prepackaged news segments from any outside group without revealing the source.”
VNRs Presented as Actual News - While government VNRs are generally labeled as being government productions on the film canister or video label, the VNRs themselves are designed, the Times writes, “to fit seamlessly into the typical local news broadcast. In most cases, the ‘reporters’ are careful not to state in the segment that they work for the government. Their reports generally avoid overt ideological appeals. Instead, the government’s news-making apparatus has produced a quiet drumbeat of broadcasts describing a vigilant and compassionate administration.” The VNRs often feature highly choreographed “interviews” with senior administration officials, “in which questions are scripted and answers rehearsed. Critics, though, are excluded, as are any hints of mismanagement, waste or controversy.”
Benefits to All except News Consumers - The Times explains how VNRs benefit the Bush administration, private public relations firms, networks, and local broadcasters: “Local affiliates are spared the expense of digging up original material. Public relations firms secure government contracts worth millions of dollars. The major networks, which help distribute the releases, collect fees from the government agencies that produce segments and the affiliates that show them. The administration, meanwhile, gets out an unfiltered message, delivered in the guise of traditional reporting.” News viewers, however, receive propaganda messages masquerading as real, supposedly impartial news reports.
Ducking Responsibility - Administration officials deny any responsibility for the use of VNRs as “real” news. “Talk to the television stations that ran it without attribution,” says William Pierce, a spokesman for the Department of Health and Human Services. “This is not our problem. We can’t be held responsible for their actions.” But the Government Accountability Office (GAO) has disagreed, calling the use of government-produced VNRs “covert propaganda” because news viewers do not know that the segments they are watching are government productions (see May 19, 2004). However, the Office of Management and Budget (OMB) and the Justice Department (see March 2005) have called the practice legal, and instructed executive branch agencies to merely ignore the GAO findings.
Creative Editing - The Times gives an example of how seamlessly government-produced propaganda can be transformed into seemingly real news segments. In one segment recently provided by the Agriculture Department, the agency’s narrator ends the segment by saying, “In Princess Anne, Maryland, I’m Pat O’Leary reporting for the US Department of Agriculture.” The segment is distributed by AgDay, a syndicated farm news program shown on some 160 stations; the segment is introduced as being by “AgDay’s Pat O’Leary.” The final sentence was edited to state: “In Princess Anne, Maryland, I’m Pat O’Leary reporting.” Final result: viewers are unaware that the AgDay segment is actually an Agriculture Department production. AgDay executive producer Brian Conrady defends the practice: “We can clip ‘Department of Agriculture’ at our choosing. The material we get from the [agency], if we choose to air it and how we choose to air it is our choice.” The public relations industry agrees with Conrady; many large PR firms produce VNRs both for government and corporate use, and the Public Relations Society of America gives an annual award, the Bronze Anvil, for the year’s best VNR.
Complicity by News Broadcasters - Several major television networks help distribute VNRs. Fox News has a contract with PR firm Medialink to distribute VNRs to 130 affiliates through its video feed service, Fox News Edge. CNN distributes VNRs to 750 stations in the US and Canada through its feed service, CNN Newsource. The Associated Press’s television news distributor does the same with its Global Video Wire. Fox News Edge director David Winstrom says: “We look at them and determine whether we want them to be on the feed. If I got one that said tobacco cures cancer or something like that, I would kill it.” TVA Productions, a VNR producer and distributor, says in a sales pitch to potential clients, “No TV news organization has the resources in labor, time or funds to cover every worthy story.” Almost “90 percent of TV newsrooms now rely on video news releases,” it claims. The reach can be enormous. Government-produced VNRs from the Office of National Drug Control Policy reached some 22 million households over 300 news stations. And news stations often re-record the voiceover of VNRs by their own reporters, adding to the illusion that their own reporters, and not government or PR employees, are doing the actual reporting.
Office of Broadcasting Services - The State Department’s Office of Broadcasting Services (OBS) employs around 30 editors and technicians, who before 2002 primarily distributed video from news conferences. But in early 2002, the OBS began working with close White House supervision to produce narrated feature reports promoting American policies and achievements in Afghanistan and Iraq, and supporting the Bush administration’s rationale for invading those countries. Between 2002 and now, the State Department has produced 59 such segments, which were distributed to hundreds of domestic and international television broadcasters. The State Department says that US laws prohibiting the domestic dissemination of propaganda don’t apply to the OBS. Besides, says State Department spokesman Richard Boucher: “Our goal is to put out facts and the truth. We’re not a propaganda agency.” State Department official Patricia Harrison told Congress last year that such “good news” segments are “powerful strategic tools” for influencing public opinion. The Times reports that “a review of the department’s segments reveals a body of work in sync with the political objectives set forth by the White House communications team after 9/11.” One June 2003 VNR produced by the OBS depicts US efforts to distribute food and water to the people of southern Iraq. The unidentified narrator condluded, “After living for decades in fear, they are now receiving assistance—and building trust—with their coalition liberators.” OBS produced several segments about the liberation of Afghan women; a January 2003 memo called the segments “prime example[s]” of how “White House-led efforts could facilitate strategic, proactive communications in the war on terror.” OBS typically distributes VNRs through international news organizations such as Reuters and the Associated Press, which then distribute them to major US networks, which in turn transmit them to local affiliates.
The Pentagon Channel and 'Hometown News' - In 2004, the Defense Department began providing The Pentagon Channel, formerly an in-house service, to cable and satellite operators in the US. The content is provided by Pentagon public relations specialists who produce “news reports” identical to those produced by local and national news broadcasters. And the content is free. The Pentagon Channel’s content is supplemented by the Army and Air Force Hometown News Service (HNS), a 40-man unit that produces VNRs for local broadcasters focusing on the accomplishments of “hometown” soldiers. Deputy director Larry Gilliam says of the service, “We’re the ‘good news’ people.” Their reports, tailored for specific local stations, reached 41 million households in 2004. But the service’s VNRs sometimes go beyond celebrating a hometown hero. Weeks after the Abu Ghraib scandal broke, HNS released a VNR that lauded the training of military policemen at Missouri’s Fort Leonard Wood, where many of the MPs involved in the scandal were trained. “One of the most important lessons they learn is to treat prisoners strictly but fairly,” the “reporter” in the segment says. A trainer tells the narrator that MPs are taught to “treat others as they would want to be treated.” Gilliam says the MP report had nothing to do with the Pentagon’s desire to defend itself from accusations of mistreatment and prisoner abuse. “Are you saying that the Pentagon called down and said, ‘We need some good publicity?’” Gilliam asks the Times reporter. He answers his own question, “No, not at all.” [New York Times, 3/13/2005]
Congress Bans Use of Government VNRs - Two months after the Times article is published, Congress will ban the use of government VNRs for propaganda purposes (see May 2005).

Six Algerians are convicted in France of trying to blow up the US embassy in Paris. The ringleader is a top Islamist militant named Djamel Beghal, who was arrested in the United Arab Emirates (UAE) based on a US tip-off in 2001 (see July 24 or 28, 2001). Beghal is sentenced to ten years in prison, his associate Kamel Daoudi gets nine years, and the four others get between one and six. The sentences are for criminal association relating to a terrorist enterprise, although the alleged would-be suicide bomber, Nizar Trabelsi, is not charged or tried in France, and few details of the plot are offered in court. Trabelsi was arrested in Belgium shortly after 9/11 (see September 13, 2001), and is in prison there on other charges (see September 30, 2003). Beghal and the others say they are innocent, and Beghal alleges that the confession based on which the arrests were made was tortured out of him in the UAE. [Washington Post, 3/16/2005]

Entity Tags: Djamel Beghal, Kamel Daoudi

Timeline Tags: Complete 911 Timeline

Zacarias Moussaoui wants captured al-Qaeda leaders Khalid Shaikh Mohammed and Ramzi bin al-Shibh to testify in his trial. However, an appeals court in April 2004 had only allowed indirect access to those prisoners, and further appeals court decisions in September and October 2004 had reaffirmed that ruling. On this date, the US Supreme Court, without comment, refuses to hear a further appeal. This was expected because the Supreme Court typically doesn’t hear such appeals until after the case goes to trial. [Washington Post, 9/14/2004; Washington Post, 10/14/2004; Washington Post, 3/22/2005] Moussaoui’s guilty plea one month later (see April 22, 2005) may lead to a new round of appeals. Presiding judge Leonie Brinkema has indicated she believes witness access is “highly relevant to the sentencing phase,” which will begin next, and could constitute “mitigating evidence” that could make the difference between Moussaoui receiving the death penalty or not. [Washington Post, 4/23/2005]

Entity Tags: Zacarias Moussaoui, Khalid Shaikh Mohammed, US Supreme Court, Ramzi bin al-Shibh, Leonie Brinkema

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dr. Michael Gelles, the head psychologist for the Naval Criminal Investigative Service (NCIS), says that torture and coercion do not produce reliable information from prisoners. Gelles adds that many military and intelligence specialists share his view. Gelles warned of problems with torture and abuse at Guantanamo nearly three years ago (see Early December, 2002 and December 18, 2002). And he is frustrated that Bush administration officials have “dismissed” critics of coercive techniques as weaklings and “doves” who are too squeamish to do what is necessary to obtain information from terror suspects. In reality, Gelles says, many experienced interrogators are convinced that torture and coercion do more harm than good. Gelles has extensive experience with interrogations in Iraq, Afghanistan, and Guantanamo, and notes that NCIS had interrogated Muslim terror suspects well before 9/11, including investigations into the 2000 bombing of the USS Cole (see October 12, 2000) and the 1983 bombing of a Marine barracks in Lebanon (see April 18-October 23, 1983).
'Rapport-Building' - The best way to extract reliable intelligence from a Muslim extremist, Gelles says, is through “rapport-building”—by engaging the suspect in conversations that play on his cultural sensitivities. Similar techniques worked on Japanese soldiers during the height of battles during World War II (see July 17, 1943). Gelles says he and others have identified patterns of questioning that can elicit accurate information from Islamist radicals, but refuses to discuss them specifically. “We do not believe—not just myself, but others who have to remain unnamed—that coercive methods with this adversary are… effective,” he says. “If the goal is to get ‘information,’ then using coercive techniques may be effective. But if the goal is to get reliable and accurate information, looking at this adversary, rapport-building is the best approach.”
Conflict between Experts, Pentagon Civilians - Gelles describes a sharp division between interrogation specialists such as himself, and civilian policymakers at the Pentagon. Many government specialists, including fellow psychologists, intelligence analysts, linguists, and interrogators who have experience extracting information from captured Islamist militants, agree with Gelles that coercion is not effective, but top civilians in the Office of the Secretary of Defense disagree. Coercive interrogations try to “vacuum up all the information you can and figure out later” what is true and what is not, he says. This method jams the system with false and misleading data. Gelles compares it to “coercive tactics leading to false confessions” by suspects in police custody. Many at the Pentagon and elsewhere mistake “rapport-building” techniques for softness or weakness. Just because those interrogations are not humiliating or physically painful, Gelles says, the techniques are not necessarily “soft.” Telling a detainee that he is a reprehensible murderer of innocents is perfectly acceptable, Gelles says: “Being respectful doesn’t mean you don’t confront, clarify, and challenge the detainee when he gives the appearance of being deceptive.” On the other hand, coercive techniques induce detainees to say anything to make the pain and discomfort stop. “Why would you terrify them with a dog?” Gelles asks, referring to one technique of threatening detainees with police dogs. “So they’ll tell you anything to get the dog out of the room?” Referring to shackling prisoners in “stress positions” for hours on end, Gelles adds: “I know there is a school of thought that believes [stress positions] are effective. In my experience, I’ve never seen it be of any value.” Innocent suspects will confess to imagined crimes just to stop the abuse, Gelles says.
Other Harmful Consequences - Gelles also notes that coercive techniques undermine the possibility of building rapport with the prisoner to possibly gain information from him. And, he says, unless the prisoner is either killed in custody or detained for life, eventually he will be released to tell the world of his captivity, damaging America’s credibility and moral authority. [Boston Globe, 3/31/2005; Savage, 2007, pp. 217-218]

Entity Tags: Michael Gelles, Bush administration (43), US Department of Defense, Naval Criminal Investigative Service

Timeline Tags: Torture of US Captives

The DC federal appeals court rules in favor of the attorney general’s use of the state secrets privilege (see March 9, 1953, October 18, 2002 and May 19, 2004) to prevent the court from hearing Sibel Edmonds’ lawsuit (see June 2002). Lawyers for the Justice Department had addressed the judge behind sealed doors. [Vanity Fair, 9/2005]

Entity Tags: Sibel Edmonds, US Department of Justice

Timeline Tags: Complete 911 Timeline

White supremacist Matthew Hale, the leader of the World Church of the Creator (WCOTC—see May 1996 and After), receives a 40-year sentence for soliciting the murder of US District Court Judge Joan Lefkow (see January 9, 2003). Lefkow ruled against Hale’s group in a trademark dispute (see November 2002). Hale is sentenced after a rambling, two-hour statement in which he claims he is the victim. “I have to go back to a solitary cell—I have to go back to hell,” Hale tells Judge James Moody. “They want me to die in a hole.” In his statement, Hale compares the FBI to the Gestapo, says the national news media was out to get him, blames his former lawyer for representing him poorly, and chants the national anthem. He claims that he and Lefkow are “on the same side against these liars.” Moody, unmoved by Hale’s statement, gives Hale the maximum sentence for his crimes. US Attorney Patrick Fitzgerald argued that Hale’s crime was essentially an act of domestic terrorism and Moody agrees. “Mr. Hale is not concerned about taking someone’s life, but rather how to do it without getting caught,” Moody says. “I consider Mr. Hale to be extremely dangerous and the offense for which he was convicted to be extremely egregious.” After the ruling, Fitzgerald tells reporters, “I put no stock in his claims, the crocodile tears, that he didn’t do anything wrong.” Hale’s mother, Evelyn Hutcheson, tells reporters: “I think it’s absolutely horrible. “Matt’s the only one in there telling the… truth.” [National Public Radio, 4/6/2005; Associated Press, 4/7/2005] Hale will serve his sentence at the Florence, Colorado, “supermax” prison, the same prison where convicted bombers Eric Rudolph (see July 18, 2005) and Ted Kaczynski (see April 3, 1996) are held. [Chicago Sun-Times, 4/28/2005]

Entity Tags: World Church of the Creator, Evelyn Hutcheson, James Moody, Joan Humphrey Lefkow, Matthew Hale, Patrick J. Fitzgerald

Timeline Tags: US Domestic Terrorism

Anti-abortion activist Eric Rudolph, who has pled guilty to bombing abortion clinics (see January 16, 1997 and January 29, 1998), a gay and lesbian nightclub (see February 21, 1997), and the 1996 Olympics (see July 27, 1996 and After and October 14, 1998) in a series of court proceedings, releases an 11-page “manifesto” that explains the rationale behind his bombing spree. In the document, which the Associated Press terms “[a] sometimes-rambling, sometimes-reflective” statement, Rudolph writes that he considers himself a “warrior” against abortion, which he calls murder, and the US government, which he charges with permitting the “slaughter” of “innocent babies.” Rudolph will receive four life sentences without parole in return for the prosecution removing the death penalty from consideration (see July 18, 2005). He has also alerted authorities to a large stash of explosives he created while hiding in the mountains of western North Carolina.
Abortion Providers, Lawmakers 'Legitimate Targets' in 'War' - The “holocaust” of abortion is his driving impulse, Rudolph writes in his statement. Anyone who supports or allows abortion, he writes, is an enemy deserving of death. “Because I believe that abortion is murder, I also believe that force is justified… in an attempt to stop it,” he writes, “whether these agents of the government are armed or otherwise they are legitimate targets in the war to end this holocaust.… Abortion is murder. And when the regime in Washington legalized, sanctioned, and legitimized this practice, they forfeited their legitimacy and moral authority to govern.”
Rationale for Bombing Olympics - Rudolph also writes that the Olympic bombing was envisioned as the first in a weeklong campaign of bombings designed to shut down the Olympics, held in Atlanta, and embarrass the US government as a result. He had hoped to use high-grade explosives to shut down the Atlanta power grid and force the termination of the Olympics, but was unable to procure the explosives, and calls the results of his bombing a “disaster.” He writes: “In the summer of 1996, the world converged upon Atlanta for the Olympic Games. Under the protection and auspices of the regime in Washington, millions of people came to celebrate the ideals of global socialism. Multinational corporations spent billions of dollars, and Washington organized an army of security to protect these best of all games. Even though the conception and purpose of the so-called Olympic movement is to promote the values of global socialism, as perfectly expressed in the song Imagine by John Lennon, which was the theme of the 1996 Games even though the purpose of the Olympics is to promote these despicable ideals, the purpose of the attack on July 27 was to confound, anger, and embarrass the Washington government in the eyes of the world for its abominable sanctioning of abortion on demand.”
Racist, Homophobic Views - In the document, Rudolph attacks homosexuality as an “aberrant” lifestyle, and blames the government for condoning it. He denies holding racist or anti-Semitic views [Associated Press, 4/13/2005; Associated Press, 4/14/2005; CNN, 4/19/2005] , though his ex-sister-in-law Deborah Rudolph told reporters that Rudolph believed abortion was part of a plot to undermine the white race; she said, “He felt like if woman continued to abort their white babies, that eventually the white race would become a minority instead of a majority.” Others have said that Rudolph told them he believed the Holocaust never occurred. [CNN, 6/15/2002]
'Worse to Him than Death' - After Rudolph’s guilty plea, Deborah Rudolph says of the prospects of his life in jail, “Knowing that he’s living under government control for the rest of his life, I think that’s worse to him than death.” [Associated Press, 4/13/2005] Rudolph, Prisoner No. 18282-058, will be incarcerated in a tiny cell in the Federal Correctional Complex in Florence, Colorado, colloquially known as the “Supermax” facility. Rudolph lives on “bomber’s row” along with Ted Kaczynski, the so-called “Unabomber” (see April 3, 1996), Islamist terrorist Ramzi Yousef (see February 7, 1995), “shoe bomber” Richard Reid (see December 22, 2001), and Oklahoma City bomber Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995). After his imprisonment, he releases a statement that reads in part, “The talking heads on the news [will] opine that I am ‘finished,’ that I will ‘languish broken and unloved in the bowels of some supermax,’ but I say to you people that by the grace of God I am still here—a little bloodied, but emphatically unbowed.” [Orlando Weekly, 8/24/2006]

Entity Tags: Terry Lynn Nichols, Deborah Rudolph, Richard C. Reid, Ramzi Yousef, Eric Robert Rudolph, Theodore J. (“Ted”) Kaczynski

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

Zacarias Moussaoui.
Zacarias Moussaoui. [Source: Sherburne County Sheriffs Office]In an unexpected move, Zacarias Moussaoui pleads guilty to all six terrorism conspiracy charges against him. Moussaoui had been arrested weeks before 9/11, and was formally charged in December 2001 for his role in the 9/11 plot. He says it is “absolutely correct” that he is guilty of the charges: conspiracy to commit acts of terrorism transcending national boundaries; to commit aircraft piracy; to destroy aircraft; to use weapons of mass destruction; to murder US government employees; and to destroy US government property. However, he says, “I was not part of 9/11,” but rather claims he was part of a “broader conspiracy” aimed at post-9/11 attacks. He says he was personally directed by bin Laden to pilot a 747 and “strike the White House” with it, but as part of a “different conspiracy than 9/11.” His plea means there will be no trial to determine guilt, but there will still be a trial to determine his sentencing, which could be as severe as the death penalty. He promises to fight in the sentencing phase, stating he doesn’t deserve death because he was not directly connected to the 9/11 plot. [CNN, 4/23/2005; Washington Post, 4/23/2005] A CNN legal analyst notes that Moussaoui’s guilty plea “makes little sense.” Moussaoui may have actually had a chance to be proven not guilty because of the many thorny legal issues his case raises (two suspected members of the al-Qaeda Hamburg cell have been found not guilty in German courts because they have not been allowed access to testimony from al-Qaeda prisoners who might exonerate them, and Moussaoui so far has been denied access to those same prisoners (see March 22, 2005)). It is pointed out that Moussaoui gave a guilty plea without “any promise of leniency in exchange for his plea,” and that he is unlikely to gain any sympathetic advantage from it in the death penalty trial. CNN’s analyst notes that the statements in his plea “suggest that Moussaoui [mistakenly] thought he had tricked the prosecution.” Doubts still remain whether Moussaoui is fully mentally sound and capable of legally defending himself. [CNN, 4/28/2005] A counterterrorism expert for RAND Corporation says of Moussaoui’s rather confusing statements, “If we thought by the end of the day we would find the holy grail as to exactly what the genesis of 9/11 was and what Moussaoui’s role in it was, we have been sorely disappointed. This contradiction in his behavior raises more questions than it answers.” The Washington Post notes that, “It remains uncertain” whether the death penalty trial “will divulge much new information about the plot.” [Washington Post, 4/23/2005]

Entity Tags: Zacarias Moussaoui, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A high-ranking Yemeni defector alleges that the highest ranks of Yemen’s military and security forces have long collaborated with radical militants in the country. The defector, Ahmed Abdullah al-Hasani, was head of Yemen’s navy at the time of the USS Cole bombing (see October 12, 2000) and recently served as its ambassador to Syria. Al-Hasani claims that the perpetrators of the USS Cole attack “are well known by the regime and some are still officers in the national army.” The Yemeni government hindered the Cole investigation (see After October 12, 2000). Al-Hasani also says that Ali Mohsen al-Ahmar, an army commander who is the half-brother of President Ali Abdallah Saleh and has links with radical militants (see 1980-1990 and May 21-July 7, 1994), was involved in a plot to kidnap Western tourists in 1998 (see December 26, 1998 and December 28-29, 1998). Al-Hasani arrived in Britain with his family, and is apparently debriefed by Western intelligence agencies. He claims to have fallen out with President Saleh over discrimination against southern Yemenis and fears he will be assassinated if he returns home. Yemeni authorities dismiss al-Hasani’s claims. “All these allegations are untrue and groundless,” says a government spokesman. “This man is making these allegations in order to legitimise and give significance to his claim of asylum.” [Sunday Times (London), 5/8/2005]

Entity Tags: Ali Mohsen al-Ahmar, Ahmed Abdullah al-Hasani

Timeline Tags: Complete 911 Timeline

A courtroom sketch of Leonie Brinkema.A courtroom sketch of Leonie Brinkema. [Source: Art Lein / Agence France-Presse]Leonie Brinkema, the federal judge overseeing the prosecution of Zacarias Moussaoui, denies a request to make public an unclassified version of a report on the FBI’s failure to stop the 9/11 attacks. The report, written by the Justice Department’s Inspector General Glenn Fine, was completed in July 2004 (see July 2004) has been held up from publication because of the Moussaoui trial. One portion of the report deals with the FBI’s handling of Moussaoui’s arrest in August 2001 (see August 16, 2001). However, he pleaded guilty earlier in April (see April 22, 2005). Judge Brinkema doesn’t give an explanation for continuing to keep the report classified or hint when it might finally be unclassified. Most of the report has no bearing on Moussaoui. [Washington Post, 4/30/2005] The report will be released two months later with the section on Moussaoui completely removed (see June 9, 2005).

Entity Tags: Leonie Brinkema, Zacarias Moussaoui, Federal Bureau of Investigation, Glenn Fine

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Author Gerald Posner has claimed that shortly after al-Qaeda leader Abu Zubaida was captured in late March 2002 (see March 28, 2002), he was tricked into thinking he had been handed over to the Saudis and then confessed high-level cooperation between al-Qaeda and the Saudi and Pakistani governments. Posner’s account has since been corroborated by New York Times journalist James Risen (see Early April 2002). In a 2005 book, Posner further alleges: “From conversations with investigators familiar with the [9/11 Commission’s] probe, the portions of Zubaida’s interrogation in which he named [Saudi and Pakistani connections] were not provided to the Commission. The CIA has even withheld [them] from the FBI, which is supposed to have access to all terror suspects’ questioning.” [Posner, 2005, pp. 14] There is some circumstantial evidence to support this. Aside from the alleged Saudi trickery, Zubaida reportedly confessed vital intelligence in late March and into April 2002, including the previously unknown fact that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks (see Late March through Early June, 2002). But footnotes from various 9/11 Commission reports indicate that the earliest Zubaida interrogation used by the Commission is from May 23, 2002, after a new CIA team had taken over his interrogation (see Mid-May 2002 and After). [9/11 Commission, 8/21/2004, pp. 65 pdf file] Hundreds of hours of Zubaida’s interrogation sessions have been videotaped by the CIA, but these videotapes will be destroyed by the CIA in 2005 under controversial circumstances (see November 2005).

Entity Tags: Gerald Posner, Abu Zubaida, Central Intelligence Agency, Federal Bureau of Investigation, 9/11 Commission

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Abu Faraj al-Libbi.Abu Faraj al-Libbi. [Source: Pakistani Interior Ministry]Al-Qaeda leader Abu Faraj al-Libbi is arrested in Mardan, Pakistan, near the town of Peshawar. He is captured by Pakistani forces with US assistance. Pakistani President Pervez Musharraf will later claim that he doesn’t even tell the US about al-Libbi’s capture until a few days after it happened (and the first media account comes out three days later), so apparently Pakistan interrogates him on their own for a few days. Al-Libbi is that turned over to the US and detained in a secret CIA prison (see September 2-3, 2006). [New York Times, 5/5/2005; Musharraf, 2006, pp. 209]
Some Call Al-Libbi High-Ranking Leader - In 2004, the Daily Telegraph claimed al-Libbi was Khalid Shaikh Mohammed’s “right hand man” and helped him plan the 9/11 attacks. After Mohammed was arrested in early 2003 (see February 29 or March 1, 2003), Al-Libbi allegedly took his place and became the third in command of al-Qaeda and the group’s operational leader. Furthermore, the Telegraph claims he was once Osama bin Laden’s personal assistant, helped plan two assassination attempts against Pakistani President Pervez Musharraf (see December 14 and 25, 2003), and has been in contact with sleeper cells in the US and Britain. [Daily Telegraph, 9/19/2004] The same month, MSNBC made the same claims. They also called him al-Qaeda’s number three leader and operational commander. [MSNBC, 9/7/2004] President Bush hails al-Libbi’s capture as a “critical victory in the war on terror.” Bush also calls him a “top general” and “a major facilitator and chief planner for the al-Qaeda network.”
Al-Libbi Little Known to Media and Experts - But al-Libbi is little known at the time of his arrest and some experts and insiders question if he really is as important as the US claims. The London Times will report several days after his arrest, “[T]he backslapping in Washington and Islamabad has astonished European terrorism experts, who point out that the Libyan was neither on the FBI’s most wanted list, nor on that of the State Department ‘Rewards for Justice’ program.” One former close associate of Osama bin Laden now living in London laughs at al-Libbi’s supposed importance, saying, “What I remember of him is he used to make the coffee and do the photocopying.” Even a senior FBI official admits that his “influence and position have been overstated.” The Times comments, “Some believe [his] significance has been cynically hyped by two countries [the US and Pakistan] that want to distract attention from their lack of progress in capturing bin Laden, who has now been on the run for almost four years.” [London Times, 5/8/2005] However, later revelations, such as details on al-Libbi’s interrogation (see Shortly After May 2, 2005 and Late 2005), will provide more evidence that al-Libbi in fact was al-Qaeda’s operational leader. It is not known why the FBI did not have him on their most wanted list, if MSNBC and the Telegraph newspaper and other sources were already aware of his importance in 2004.

Entity Tags: George W. Bush, Khalid Shaikh Mohammed, Abu Faraj al-Libbi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Some time after he is captured in May 2005 (see May 2, 2005), al-Qaeda leader Abu Faraj al-Libbi tells his CIA interrogators that he has never heard of Ibrahim Saeed Ahmed. CIA analysts already strongly suspect that Ahmed is a trusted courier working for Osama bin Laden, but they only know him by his main alias Abu Ahmed al-Kuwaiti.
Al-Libbi's False Claims - Al-Libbi tells his interrogators that he does not know who “al-Kuwaiti” is. Instead, he admits that when 9/11 mastermind Khalid Shaikh Mohammed (KSM) was captured in 2003 and al-Libbi was chosen to replace him as al-Qaeda’s operational chief, he was told the news of his selection by a courier. But he says the courier was someone named Maulawi Abd al-Kahliq Jan. CIA analysts never find anyone using this name, and eventually they will conclude that al-Libbi made it up to protect Ahmed (see Late 2005). Later, the CIA will learn Ahmed’s real name, and this fact will eventually lead to bin Laden’s location (see Summer 2009 and July 2010).
False Claims Made While Tortured? - The interrogation techniques used on al-Libbi are unknown. However, days after his capture, the CIA pressures the Justice Department for new legal memorandums approving the use of very brutal methods. [Associated Press, 5/2/2011; New York Times, 5/3/2011]

Entity Tags: Khalid Shaikh Mohammed, Abu Faraj al-Libbi, Ibrahim Saeed Ahmed, Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Outgoing Undersecretary of Defense Douglas Feith, one of the key architects of the Iraq occupation, is bemused by the fact that, despite his predictions and those of his neoconservative colleagues, Iraq is teetering on the edge of all-out civil war. He has come under fire from both political enemies and former supporters, with Senator Carl Levin (D-MI) accusing him of deceiving both the White House and Congress, and fellow neoconservative William Kristol accusing him of “being an agent of” disgraced Defense Secretary Donald Rumsfeld (see November 6-December 18, 2006). Feith defends the invasion of Iraq, calling it “an operation to prevent the next, as it were, 9/11,” and noting that the failure to find WMD is essentially irrelevant to the justification for the war. “There’s a certain revisionism in people looking back and identifying the main intelligence error [the assumption of stockpiles] and then saying that our entire policy was built on that error.” Feith is apparently ignoring the fact that the administration’s arguments for invading Iraq—including many of his own assertions—were built almost entirely on the “error” of the Iraqi WMD threat (see July 30, 2001, Summer 2001, September 11, 2001-March 17, 2003, Shortly After September 11, 2001, September 14, 2001, September 19-20, 2001, September 20, 2001, October 14, 2001, November 14, 2001, 2002, 2002-March 2003, February 2002, Summer 2002, August 26, 2002, September 3, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 10, 2002, September 12, 2002, Late September 2002, September 19, 2002, September 24, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 12, 2002, January 9, 2003, February 3, 2003, February 5, 2003, February 8, 2003, March 22, 2003, and March 23, 2003, among others).
Cultural Understanding Did Not Lead to Success - Feith says he is not sure why what he describes as his deep understanding of Iraqi culture did not lead to accurate predictions of the welcome the US would receive from the Iraqi people (see November 18-19, 2001, 2002-2003, September 9, 2002, and October 11, 2002). “There’s a paradox I’ve never been able to work out,” he says. “It helps to be deeply knowledgeable about an area—to know the people, to know the language, to know the history, the culture, the literature. But it is not a guarantee that you will have the right strategy or policy as a matter of statecraft for dealing with that area. You see, the great experts in certain areas sometimes get it fundamentally wrong.” Who got it right? President Bush, he says. “[E]xpertise is a very good thing, but it is not the same thing as sound judgment regarding strategy and policy. George W. Bush has more insight, because of his knowledge of human beings and his sense of history, about the motive force, the craving for freedom and participation in self-rule, than do many of the language experts and history experts and culture experts.”
'Flowers in Their Minds' - When a reporter notes that Iraqis had not, as promised, greeted American soldiers with flowers, Feith responds that they were still too intimidated by their fear of the overthrown Hussein regime to physically express their gratitude. “But,” he says, “they had flowers in their minds.” [New Yorker, 5/9/2005; Scoblic, 2008, pp. 228-229]

Entity Tags: US Department of Defense, Carl Levin, William Kristol, Douglas Feith

Timeline Tags: Iraq under US Occupation

Steven Bradbury, the head of the Justice Department’s Office of Legal Counsel, issues a classified memo to John Rizzo, the senior deputy counsel for the CIA. The memo will remain classified for nearly four years (see April 16, 2009). It addresses, in the words of the American Civil Liberties Union (ACLU), “whether CIA interrogation methods violate the cruel, inhuman, and degrading treatment standards under federal and international law.” Bradbury concludes that neither past nor present CIA interrogation methods violate such standards. [Office of Legal Counsel, 5/10/2005 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]
CIA Techniques Not Torture, Bradbury Explains - Bradbury calls torture “abhorrent” and “universally repudiated,” and says the US will never condone it. Afterwards, he spends a great deal of effort explaining why the various techniques used by the CIA do not constitute torture. Bradbury goes into numerous details about varieties of “harsh interrogation techniques” that can be used on prisoners, often restating details from an August 2002 OLC memo (see August 1, 2002) and elaborating on those descriptions. One technique he details is forced nudity. “Detainees subject to sleep deprivation who are also subject to nudity as a separate interrogation technique will at times be nude and wearing a diaper,” he writes, and notes that the diaper is “for sanitary and health purposes of the detainee; it is not used for the purpose of humiliating the detainee and it is not considered to be an interrogation technique.… The detainee’s skin condition is monitored, and diapers are changed as needed so that the detainee does not remain in a soiled diaper.” He cites “walling,” a technique involving slamming a detainee into a “false wall,” and writes, “Depending on the extent of the detainee’s lack of cooperation, he may be walled one time during an interrogation session (one impact with the wall) or many times (perhaps 20 or 30 times) consecutively.” Other techniques Bradbury cites include waterboarding, “abdominal slaps,” and “water dousing.” For water dousing, Bradbury gives specific restrictions: “For example, in employing this technique:
bullet “For water temperarure of 41°F, total duration of exposure may not exceed 20 minutes without drying and rewarming.
bullet “For water temperarure of 50°F, total duration of exposure may not exceed 40 minutes without drying and rewarming.
bullet “For water tempetarure of 59°F, total duration of exposure may not exceed 60 minutes without drying and rewarming.
“The minimum permissible temperature of the water used in water dousing is 41°F, though you have informed us that in practice the water temperature is generally not below 50°F, since tap water rather than refrigerated water is generally used.” [Office of Legal Counsel, 5/10/2005 pdf file; CNN, 4/17/2009]
Waterboarding Used More Frequently than Authorized - Bradbury also notes that waterboarding is sometimes used more times than authorized or indicated. Referring to an as-yet-unreleased 2004 report by the CIA’s inspector general on torture and abuse of detainees, he writes: “The IG report noted that in some cases the waterboard was used with far greater frequency than initially indicated.… (‘[T]he waterboard technique… was different from the technique described in the DoJ [Department of Justice] opinion and used in the SERE training (see December 2001 and July 2002). The difference was the manner in which the detainee’s breathing was obstructed. At the SERE school and in the DoJ opinion, the subject’s airflow is disrupted by the firm application of a damp cloth over the air passages; the interrogator applies a small amount of water to the cloth in a controlled manner. By contrast, the [CIA] interrogator… applied large volumes of water to a cloth that covered the detainee’s mouth and nose. One of the psychologists/interrogators acknowledged that the agency’s use of the technique is different from that used in SERE training because it is ‘for real—and is more poignant and convincing.’)… The inspector general further reported that ‘OMS [the CIA’s Office of Medical Services] contends that the expertise of the SERE waterboard experience is so different from the subsequent agency usage as to make it almost irrelevant. Consequently, according to OMS, there was no a priori reason to believe that applying the waterboard with the frequency and intensity with which it was used by the psychologist/interrogators was either efficacious or medically safe.‘… We have carefully considered the IG report and discussed it with OMS personnel. As noted, OMS input has resulted in a number of changes in the application of the waterboard, including limits on frequency and cumulative use of the technique. Moreover, OMS personnel are carefully instructed in monitoring this technique and are personally present whenever it is used.… Indeed, although physician assistants can be present when other enhanced techniques are applied, ‘use of the waterboard requires the presence of the physician.’” [Office of Legal Counsel, 5/10/2005 pdf file]

Entity Tags: US Department of Justice, Steven Bradbury, Central Intelligence Agency, Office of Legal Counsel (DOJ), American Civil Liberties Union

Timeline Tags: Civil Liberties

Ali Soufan.Ali Soufan. [Source: CBS News]Ali Soufan resigns from the FBI. As an Arabic-speaking Muslim who joined the FBI long before 9/11 (see November 1997), Soufan has become one of the FBI’s best interrogators and experts on al-Qaeda. However, in a 2011 book, he will claim that he grew increasingly frustrated due to the CIA’s opposition to his work. “It was… clear that some high-level people at the time were specifically targeting me—I was told that by more than a few FBI executives and CIA colleagues,” he will write. “Ever since I had been interviewed by the 9/11 Commission, I was a marked man.” In 2004, Soufan gave information to the 9/11 Commission that made the CIA look bad. He will claim there were instances when the FBI wanted him to go overseas as part of an investigation but the CIA tried to prevent him from doing so. [Soufan, 2011, pp. 515-517, 522-523]

Entity Tags: Federal Bureau of Investigation, Ali Soufan, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Steven Bradbury, the acting head of the Justice Department’s Office of Legal Counsel, issues a classified memo. The contents and the recipient remain secret, but the American Civil Liberties Union (ACLU) will later determine the memo deals with the use of “enhanced interrogation techniques” by the CIA. In early May, Bradbury determined that none of the CIA’s past or present interrogation methods violated either federal or international standards (see May 10, 2005). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), American Civil Liberties Union, US Department of Justice, Steven Bradbury

Timeline Tags: Civil Liberties

A revised version of the CIA inspector general’s report into some of the agency’s failings before 9/11 is finished and sent to CIA management. A version of the report had been completed a year earlier, but it had to be revised due to criticism (see June-November 2004). It recommends accountability boards be convened to assess the performance of several officers. Although not all the officers are named, it is sometimes possible to deduce who they are based on the circumstances. The convening of accountability boards is recommended for:
bullet CIA Director George Tenet, for failing to personally resolve differences between the CIA and NSA that impeded counterterrorism efforts;
bullet CIA Executive Director David Carey (July 1997-March 2001), CIA Executive Director A.B. “Buzzy” Krongard (March 2001-9/11), CIA Deputy Director for Operations Jack Downing (1997-1999), and CIA Deputy Director for Operations James Pavitt (1999-9/11) for failing to properly manage CIA counterterrorism funds (see 1997-2001);
bullet CIA Counterterrorist Center Chief Jeff O’Connell (1997-1999) for failing to properly manage CIA counterterrorism funds (see 1997-2001), for staffing Alec Station, the CIA’s bin Laden unit, with officers lacking experience, expertise and training, for failing to ensure units under him coordinated coverage of Khalid Shaikh Mohammed (KSM), for poor leadership of the CIA’s watchlisting program, for poor management of a program where officers were loaned between the CIA and other agencies, and for failing to send officers to the NSA to review its material;
bullet CIA Counterterrorist Center Chief Cofer Black (Summer 1999-9/11) for failing to properly manage CIA counterterrorism funds (see 1997-2001), for staffing Alec Station, the CIA’s bin Laden unit, with officers lacking experience, expertise and training, for failing to ensure units under him coordinated coverage of KSM, for poor leadership of the CIA’s watchlisting program, possibly for failing to ensure the FBI was informed one of the 9/11 hijackers had entered the US, possibly for failing to do anything about Nawaf Alhazmi and Khalid Almihdhar in 2001, for poor management of a program where officers were loaned between the CIA and other agencies, and for failing to send officers to the NSA to review its material;
bullet Chief of Alec Station Richard Blee. Some sections of the report appear to refer to Blee, but are redacted. It seems to criticize him for failing to properly oversee operations related to KSM, failing to ensure the FBI was informed one of the 9/11 hijackers had entered the US, and failing to do anything about Alhazmi and Almihdhar in 2001;
bullet Deputy Chief of Alec Station Tom Wilshire. Some sections of the report appear to refer to Tom Wilshire, but are redacted. It seems to criticize him for failing to ensure the FBI was informed one of the 9/11 hijackers had entered the US, and for failing to do anything about Alhazmi and Almihdhar in 2001;
bullet Unnamed officer, possibly head of the CIA’s renditions branch, for failing to properly oversee operations related to KSM;
bullet Unnamed officer, for failing to ensure the FBI was informed one of the 9/11 hijackers had entered the US, and for failing to do anything about Alhazmi and Almihdhar in 2001;
bullet Unnamed officer(s), for failure to produce any coverage of KSM from 1997 to 2001. The type of coverage that should have been provided is redacted in the publicly released executive summary of the report.
The report may recommend accountability boards for other officers, but this is not known due to redactions and the publication of only the executive summary. CIA Director Porter Goss will decide not to convene any accountability boards (see October 10, 2005), and the report will remain secret until the executive summary is released in 2007 (see August 21, 2007). [Central Intelligence Agency, 6/2005 pdf file]

Entity Tags: Jeff O’Connell, Office of the Inspector General (CIA), James Pavitt, Tom Wilshire, Jack Downing, David Carey, A.B. (“Buzzy”) Krongard, Central Intelligence Agency, Cofer Black, George J. Tenet, Richard Blee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The report by Justice Department’s Inspector General Glenn Fine, completed in July 2004, is finally released (see July 2004). It states that the inability to detect the 9/11 hijacking plot amounts to a “significant failure” by the FBI and was caused in large part by “widespread and longstanding deficiencies” in the way the agency handled terrorism and intelligence cases. In one particularly notable finding, the report concluded that the FBI missed at least five chances to detect the presence of two of the suicide hijackers—Nawaf Alhazmi and Khalid Almihdhar—after they first entered the United States in early 2000. The report states, “While we do not know what would have happened had the FBI learned sooner or pursued its investigation more aggressively, the FBI lost several important opportunities to find Alhazmi and Almihdhar before the September 11 attacks.” [US Department of Justice, 11/2004 pdf file; Washington Post, 6/10/2005]

Entity Tags: Federal Bureau of Investigation, Khalid Almihdhar, Nawaf Alhazmi, Glenn Fine

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Steven Bradbury.Steven Bradbury. [Source: Mark Wilson / Getty Images]Steven Bradbury is nominated by President Bush to head the Justice Department’s Office of Legal Counsel (OLC). He will continue in that position on an acting basis into 2008, even though Congressional Democrats refuse to confirm him for the job, and even though his continuation in the post violates the Vacancies Reform Act, which precludes non-confirmed appointees for holding their positions for over 210 days (see October 16, 2007). [Washington Times, 9/20/2007; New York Times, 10/4/2007; TPM Muckraker, 10/19/2007] Bradbury takes over from Jack Goldsmith, who resigned the position under fire (see June 17, 2004).
Arm of the White House - Bradbury has a long history of supporting the White House’s agenda of expansive executive power. He came to the Justice Department after clerking with Supreme Court Justice Clarence Thomas and mentoring under former Whitewater special counsel Kenneth Starr. [New York Times, 10/4/2007] A co-founder of the Federalist Society [International Herald Tribune, 10/15/2007] , he is as staunchly conservative as any Bush appointee, but unlike some of the more outspoken of his colleagues, he comes across as low-key, pragmatic, and non-confrontational. As a Justice Department lawyer, Bradbury proved himself in line with the neoconservative views of Vice President Dick Cheney and Cheney’s chief of staff, David Addington. Former State Department senior official Philip Zelikow recalls Bradbury as being “fundamentally sympathetic to what the White House and the CIA wanted to do.” Bradbury was brought in to the OLC in part to rein in that office, which under its previous head Jack Goldsmith became the hub of the internal opposition to Bush’s policies of “enhanced interrogation” and domestic surveillance (see Late 2003-2005). In 2005, Bradbury signs two secret Justice Department memos giving broad authorization and legal justification for the CIA’s torture of terrorist suspects (see February 2005 and Late 2005),. Bradbury works closely with then-White House counsel and current attorney general Alberto Gonzales to bring the Justice Department back into line with White House demands. Conservative legal scholar Douglas Kmiec, who headed the OLC under former presidents Reagan and George H. W. Bush, says he believes the intense pressures from the current administration’s campaign against terrorism has warped the OLC’s proper role. “The office was designed to insulate against any need to be an advocate,” Kmiec says. Now the OLC has “lost its ability to say no.… The approach changed dramatically with opinions on the war on terror. The office became an advocate for the president’s policies.”
Probation - Bradbury was first considered for the job after Gonzales, newly confirmed as attorney general, rejected the idea of promoting Daniel Levin, the acting head of the OLC after Goldsmith’s departure. Gonzales considered Levin unsuitable for the job because of his independence and support for Goldsmith’s dissents. Instead, Gonzales chose Bradbury for the job. But the White House was uncertain of Bradbury’s reliability, and so placed him on a sort of “internal trial,” monitored by Gonzales’s replacement at the White House, Harriet Miers. Miers judged Bradbury’s loyalty to the president and his willingness to work with Gonzales in justifying White House policy decisions. Bradbury reportedly understands that his “probation” is intended for him to show just how compliant and supportive he is of the White House, and he soon wins the confidence of the White House by completely aligning himself with Addington. [New York Times, 10/4/2007]
'Sordid criminal conspiracy' - Harper’s Magazine commentator and lawyer Scott Horton will write in November 2007 that it is obvious “Bradbury was picked for one reason: to provide continuing OLC cover for the torture conspirators.… The Justice Department’s strategy has been to cloak Bradbury’s torture memoranda in secrecy classifications and then to lie aggressively about their very existence.… This episode demonstrates once more the intimate interrelationship between the policies of torture, secrecy, and the right to lie to the public and the courts in the interests of shielding the Bush administration from public embarrassment. And once more the Justice Department is enlisted not in the enforcement of the law, but rather in a sordid criminal conspiracy.” [Harper's, 11/7/2007]

Entity Tags: Kenneth Starr, Richard (“Dick”) Cheney, National Security Agency, Philip Zelikow, US Department of Justice, Steven Bradbury, Scott Horton, Vacancies Reform Act, James B. Comey Jr., Jack Goldsmith, Office of Legal Counsel (DOJ), Harper’s Magazine, Clarence Thomas, Central Intelligence Agency, Bush administration (43), Daniel Levin, Alberto R. Gonzales, Harriet E. Miers, Geneva Conventions, Douglas Kmiec, David S. Addington, George Herbert Walker Bush

Timeline Tags: Civil Liberties

Donald Shepperd, on the June 24 CNN broadcast.Donald Shepperd, on the June 24 CNN broadcast. [Source: CNN]Within hours of returning from a Pentagon-sponsored “fact-finding” trip to the Guantanamo detention facility (see June 24-25, 2005), CNN military analyst Don Shepperd, as planned (see June 25, 2005), extolls the virtues of the Pentagon’s handling of detainees on a lineup of CNN news broadcasts. As per his most recent briefing, he does not mention the case of Mohammed al-Khatani (see August 8, 2002-January 15, 2003), who has suffered extensive brutality at the hands of his captors. Instead, his “analyses” are so uniformly laudatory that, as commentator Glenn Greenwald will observe, they are “exactly what it would have been had [Defense Secretary Donald] Rumsfeld himself written the script.” After returning from his half-day visit, he participates in a live telephone interview with CNN anchor Betty Nguyen. He opens with the observation: “I tell you, every American should have a chance to see what our group saw today. The impressions that you’re getting from the media and from the various pronouncements being made by people who have not been here, in my opinion, are totally false. What we’re seeing is a modern prison system of dedicated people, interrogators and analysts that know what they are doing. And people being very, very well-treated. We’ve had a chance to tour the facility, to talk to the guards, to talk to the interrogators and analysts. We’ve had a chance to eat what the prisoners eat. We’ve seen people being interrogated. And it’s nothing like the impression that we’re getting from the media. People need to see this, Betty.… I have been in prisons and I have been in jails in the United States, and this is by far the most professionally-run and dedicated force I’ve ever seen in any correctional institution anywhere.” Shepperd watched an interrogation, and he describes it thusly: “[T]hey’re basically asking questions. They just ask the same questions over a long period of time. They get information about the person’s family, where they’re from, other people they knew. All the type of things that you would want in any kind of criminal investigation. And these were all very cordial, very professional. There was laughing in two of them that we…” Nguyen interrupts to ask, “Laughing in an interrogation?” and Shepperd replies: “In the two of them that we watched. Yes, indeed. It’s not—it’s not like the impression that you and I have of what goes on in an interrogation, where you bend people’s arms and mistreat people. They’re trying to establish a firm professional relationship where they have respect for each other and can talk to each other. And yes, there were laughing and humor going on in a couple of these things. And I’m talking about a remark made where someone will smirk or laugh or chuckle.” In another CNN interview three days later, Shepperd reiterates and expands upon his initial remarks, and says of the detainees: “[W]e have really gotten a lot of information to prevent attacks in this country and in other countries with the information they’re getting from these people. And it’s still valuable.” CNN does not tell its viewers that Shepperd is president of The Shepperd Group, a defense lobbying and consulting firm. [CNN, 6/24/2005; Salon, 5/9/2008]

Entity Tags: The Shepperd Group, CNN, Donald Shepperd, US Department of Defense

Timeline Tags: US Military, Torture of US Captives, Iraq under US Occupation, Domestic Propaganda

Retired Air Force General Donald Shepperd, a CNN news analyst, returns from a “fact-finding” trip to Guantanamo Bay (see June 24-25, 2005) prepared to provide Pentagon talking points to CNN audiences. Shepperd is remarkably candid about his willingness to serve as a Pentagon propagandist, writing in a “trip report” he files with his handlers, “Did we drink the ‘Government Kool-Aid?’—of course, and that was the purpose of the trip.” He acknowledges that “a one day visit does not an expert make” (Shepperd and his fellow analysts spent less than four hours touring the entire facility, all in the company of Pentagon officials), and notes that “the government was obviously going to put its best foot forward to get out its message.” He adds that “former military visitors are more likely to agree with government views than a more appropriately skeptical press.” Shepperd also sends an e-mail to Pentagon officials praising the trip and asking them to “let me know if I can help you.” He signs the e-mail, “Don Shepperd (CNN military analyst).” Shepperd’s e-mail is forwarded to Larry Di Rita, a top public relations aide to Secretary of Defense Donald Rumsfeld. Di Rita’s reply shows just how much control the Pentagon wields over the analysts. Di Rita replies, “OK, but let’s get him briefed on al-Khatani so he doesn’t go too far on that one.” Di Rita is referring to detainee Mohammed al-Khatani (see August 8, 2002-January 15, 2003), who had been subjected to particularly brutal treatment. Shepperd will, as planned, praise the Guantanamo detainee program on CNN in the days and hours following his visit to the facility (see June 24-25, 2005). [Salon, 5/9/2008] He will say in May 2008: “Our message to them as analysts was, ‘Look, you got to get the importance of this war out to the American people.’ The important message is, this is a forward strategy, it is better to fight the war in Iraq than it is a war on American soil.” [PBS, 5/1/2008]

Entity Tags: US Department of Defense, CNN, Donald Shepperd

Timeline Tags: US Military, Torture of US Captives, Iraq under US Occupation, Domestic Propaganda

Gordon Cucullu.Gordon Cucullu. [Source: The Intelligence Summit]“Independent military analyst” Gordon Cucullu, a former Green Beret, is an enthusiastic participant in the Pentagon’s Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond). Cucullu has just returned from a half-day tour of the Guantanamo detention facility (see June 24-25, 2005), and is prepared to give the Pentagon’s approved message to the media.
Talking Points Covered in Fox Appearance - In an e-mail to Pentagon official Dallas Lawrence, he alerts the department to a new article he has written for conservative Website FrontPage, and notes that he has appeared on an early-morning broadcast on Fox News and delivered the appropriate talking points: “I did a Fox & Friends hit at 0620 this morning. Good emphasis on 1) no torture, 2) detainees abuse guards, and 3) continuing source of vital intel.” [Salon, 5/9/2008]
Op-Ed: Pampered Detainees Regularly Abuse Guards - In the op-ed for FrontPage, entitled “What I Saw at Gitmo,” he writes that the US is being “extraordinarily lenient—far too lenient” on the detainees there. There is certainly abuse going on at Guantanamo, Cucullu writes—abuse of soldiers by the detainees. Based on his three-hour tour of the facility, which included viewing one “interrogation” and touring an unoccupied cellblock, Cucullu says that the detainees “fight their captors at every opportunity” and spew death threats against the soldiers, their families, and Americans in general. The soldiers are regularly splattered with “feces, urine, semen, and spit.” One detainee reportedly told another, “One day I will enjoy sucking American blood, although their blood is bitter, undrinkable.” US soldiers, whom Cucullu says uniformly treat the detainees with courtesy and restraint (see August 8, 2002-January 15, 2003), are constantly attacked by detainees who wield crudely made knives, or try to “gouge eyes and tear mouths [or] grab and break limbs as the guards pass them food.” In return, the detainees are given huge meals of “well-prepared food,” meals which typically overflow from two styrofoam containers. Many detainees insist on “special meal orders,” and throw fits if their meals are not made to order. The level of health care they are granted, Cucullu says, would suit even the most hypochondriac American. Cucullu writes that the detainees are lavished with ice cream treats, granted extended recreational periods, live in “plush environs,” and provided with a full array of religious paraphernalia. “They are not abused, hanged, tortured, beheaded, raped, mutilated, or in any way treated the way that they once treated their own captives—or now treat their guards.” The commander, Brigadier General Jay Hood, tells Cucullu that such pampered treatment provides better results than harsher measures. “Establishing rapport” is more effective than coercion, Hood says, and, in Cucullu’s words, Hood “refers skeptics to the massive amount of usable intelligence information [the detainees] produce even three years into the program.” In conclusion, Cucullu writes, the reader is “right to worry about inhumane treatment” at Guantanamo, but on behalf of the soldiers, not the detainees. [FrontPage Magazine, 6/27/2005]

Entity Tags: US Department of Defense, Dallas Lawrence, Fox News, FrontPage Magazine, Gordon Cucullu, Jay W. Hood

Timeline Tags: US Military, Torture of US Captives, Iraq under US Occupation, Domestic Propaganda

A few days after the Supreme Court’s refusal to quash the subpoenas of two reporters in the Valerie Plame Wilson case (see June 27, 2005), Plame Wilson and her husband, Joseph Wilson, pass one of the reporters, Matthew Cooper, on the street. Cooper buttonholes Wilson and, obviously struggling with himself, asks, “Could you do something for me?” Cooper asks Wilson if he would write the judge who ruled against Cooper and fellow reporter Judith Miller (see August 9, 2004) a letter asking for leniency for him. Wilson, whom his wife will describe as “taken aback,” tells Cooper that he will ask his lawyer about the request. Over dinner, the Wilsons marvel over Cooper’s request. They wonder if “Matt [had] momentarily lost his mind.” Plame Wilson will write: “A request from Joe for leniency on Matt’s behalf would carry little or no weight with the presiding judge. More pointedly, it was obviously in our interest to have the reporters testify. We, along with the entire country, wanted to hear what they would say under oath. We wanted to know what sources in the administration had leaked my name to the media, thereby undermining our national security.” More generally, Plame Wilson will reflect: “In the debate over whether reporters should be compelled to reveal their sources, it seemed to me that some of the leading advocates of reporters’ First Amendment rights had lost sight of a basic fact in this case: people in the administration had used reporters to advance their own political agenda. That alone is not unusual, or even criminal. But the reporters’ refusal to testify would not help to uncover government wrongdoing, but assist officials who wanted to cover up their illegal behavior. It was the Pentagon Papers (see March 1971) or Watergate (see June 15, 1974) turned on its head.… [T]his particular case was not about the freedom of the press, or about reporters’ roles as watchdogs on behalf of the governed, the citizens of this country. These reporters were allowing themselves to be exploited by the administration and were obstructing the investigation. It didn’t make much ethical sense to me.” [Wilson, 2007, pp. 220-221]

Entity Tags: Joseph C. Wilson, Valerie Plame Wilson, US Supreme Court, Matthew Cooper

Timeline Tags: Niger Uranium and Plame Outing

The Pentagon, tracking every bit of media coverage provided by the “independent military analysts” who are part of its Iraq propaganda program (see April 20, 2008 and Early 2002 and Beyond), is particularly pleased with the results of its half-day tour of Guantanamo for selected analysts (see June 24-25, 2005). Its tracking (see 2005 and Beyond) finds that Lieutenant Colonel Gordon Cucullu (see June 27, 2005) receives the most coverage during the almost two weeks after the tour, followed by Major General Donald Shepperd (see June 24-27, 2005). In all, the analysts made 37 media appearances. They emphasized the following talking points:
Prisoner/Guard Abuse -
bullet “Most abuse is either toward US military personnel and/or between prisoners.”
bullet “US military guards are regularly threatened by prisoners.”
bullet “Some analysts stated there may have been past abuses at Gitmo but not now.”
'Prisoner Interrogations' -
bullet “Interrogators are building relationships with prisoners, not torturing them.”
bullet “We are still gaining valuable information from prisoners.”
bullet Interrogations are very professionally run.”
'Quality of Prisoner Care' -
bullet “Prisoners are given excellent treatment, including provision of any and all religious paraphernalia.”
bullet “Special dietary requests are routinely granted.”
'Closing Gitmo' -
bullet “Gitmo exceeds Geneva Convention requirements.”
bullet “We should not close this facility and let dangerous terrorists out.” [Salon, 5/9/2008]

Entity Tags: Gordon Cucullu, Geneva Conventions, Donald Shepperd, US Department of Defense

Timeline Tags: US Military, Torture of US Captives, Iraq under US Occupation, Domestic Propaganda

The four London bombers captured on closed circuit television. From left to right, Hasib Hussain, Germaine Lindsay, Mohammad Sidique Khan, and Shehzad Tanweer, pictured in Luton train station at 07:21 a.m., Thursday, July 7, 2005.The four London bombers captured on closed circuit television. From left to right, Hasib Hussain, Germaine Lindsay, Mohammad Sidique Khan, and Shehzad Tanweer, pictured in Luton train station at 07:21 a.m., Thursday, July 7, 2005. [Source: Scotland Yard]England suffers its worst terrorist attack when four bombs go off in London during the morning rush hour. At 8:50 a.m. bombs go off on three London Underground trains within 50 seconds of each other. A fourth bomb goes off at 9:47 a.m. on a double-decker bus, near Tavistock Square. Fifty-six people, including the four bombers, are killed. The bombings become popularly known as ‘7/7.’ [Daily Telegraph, 7/7/2005; Daily Mail, 7/8/2005; CNN, 7/22/2005] The alleged bombers, all British residents between the ages of 18 and 30, are Mohammad Sidique Khan, Hasib Mir Hussain, Shehzad Tanweer, and Germaine Lindsay. All were British nationals of Pakistani descent, except Lindsay, who was born in Jamaica, but moved to England when he was five. [Daily Telegraph, 7/16/2005; BBC, 7/21/2005] In 2004, Khan had been the subject of a routine threat assessment by the British intelligence agency MI5, after his name came up during an investigation into an alleged plot to explode a truck bomb in London. However, MI5 did not consider him a threat and did not place him under surveillance. [BBC, 7/17/2005; London Times, 7/17/2005] According to the Independent, Tanweer had similarly been scrutinized by MI5 that year, but was also not considered a threat. [Independent, 12/17/2005] Khan and Tanweer had flown to Pakistan together in November 2004, returning together in February 2005. However, what they did during their stay is unclear. [BBC, 7/18/2005; CNN, 7/20/2005] Less than a month before the bombings, the British government lowered its formal threat assessment one level, from “severe general” to “substantial,” prompted by a confidential report by the Joint Terrorist Analysis Centre (JTAC). JTAC, which is made up of 100 top intelligence and law enforcement officials, concluded, “At present there is not a group with both the current intent and the capability to attack [Britain]” (see Mid-June 2005). [New York Times, 7/19/2005; London Times, 7/19/2005] The attacks also coincide with the G8 summit in Gleneagles, Scotland, attended by British Prime Minister Tony Blair and US President George W. Bush, amongst others. [Guardian, 7/7/2005] Consequently, 1,500 officers from London’s Metropolitan Police, including many anti-terrorist specialists, are away in Scotland as part of the force of 12,000 created to police the event. [Press Association (London), 7/7/2005; London Times, 7/10/2005]

Entity Tags: Germaine Lindsay, Mohammad Sidique Khan, Hasib Mir Hussain, Shehzad Tanweer

Timeline Tags: Complete 911 Timeline

Mamoun Darkazanli, a German-Syrian businessman who associated with 9/11 hijackers Mohamed Atta, Marwan Alshehhi, and Ziad Jarrah and is suspected of helping the 9/11 plot (see October 9, 1999 and Spring 2000), is released in Germany. He had been arrested the previous year (see October 14, 2004) and Spanish authorities had requested he be deported to Spain, where he had been indicted in terrorism charges. However, Germany’s highest court rules that his arrest warrant is invalid because it violates a German law prohibiting the extradition of its own citizens. German Justice Minister Brigitte Zypries will call the ruling by the federal constitutional court “a blow for the government in its efforts and fight against terrorism.” Germany will amend its legislation and the Spanish will try again, but this second attempt to extradite Darkazanli will also be unsuccessful (see Late April 2007). [BBC, 7/18/2005]

Entity Tags: Brigitte Zypries, Mamoun Darkazanli, German Federal Constitutional Court

Timeline Tags: Complete 911 Timeline

Senator John McCain (R-AZ) introduces an amendment to the annual legislation to fund the Defense Department. McCain’s amendment, co-sponsored by Senate Armed Services Committee chairman John Warner (R-VA) and Senator Lindsey Graham (R-SC), a former military lawyer, states that military interrogators cannot exceed the limits on detainee treatment set forth in the US Army Field Manual. In essence, the amendment would prohibit the use of harsh interrogation techniques that many, including McCain, feel constitute torture. The Field Manual limits were specifically written to comply with the Geneva Conventions. The amendment also prohibits US officials, including CIA agents, from inflicting not just torture but any form of “cruel, inhuman, and degrading treatment” on anyone in their custody, no matter where in the world the prisoner is being kept. The amendment, later known as the McCain Amendment or the McCain Torture Ban, becomes the subject of fierce, largely private negotiations between McCain and the White House. Vice President Cheney quickly lobbies friendly Republicans in Congress to oppose the amendment, and has private meetings with Warner and McCain. At Cheney’s behest, Senate Majority Leader Bill Frist (R-TN) withdraws the entire bill from consideration rather than allow it to pass with the McCain amendment attached. [Savage, 2007, pp. 220-221]

Entity Tags: Geneva Conventions, Bill Frist, Central Intelligence Agency, Detainee Treatment Act, Richard (“Dick”) Cheney, John McCain, US Department of Defense, Lindsey Graham, John W. Warner

Timeline Tags: Civil Liberties

Luai Sakra detained in Turkey.Luai Sakra detained in Turkey. [Source: Agence France-Presse]Al-Qaeda operative Luai Sakra is arrested in Turkey. He is found with false travel documents and $120,000 in cash. He had about one ton of explosives (hydrogen peroxide) stored in an apartment and fled when some of the explosives blew out the apartment’s windows. Arrested at a nearby airport, a number of passports are found revealing his true identity despite the fact that he had extensive plastic surgery. He soon confesses to planning to load the explosives onto speed boats and crash them into Israeli cruise ships docking in Turkish ports. The attack would have taken place in just a few days, possibly on August 5, 2005. [BBC, 8/13/2005; Der Spiegel (Hamburg), 8/15/2005; Der Spiegel (Hamburg), 8/24/2005; Washington Post, 2/20/2006] Apparently, Turkish intelligence had learned something about the planned attacks and warned the Israeli government. The Israeli government then issued a public warning, which seems to have tipped off the plotters, and Sakra is one of the few who gets caught. A Turkish security official complains that the Israeli warning may have “spoiled all the operation and all the militants might escape.” [Journal of Turkish Weekly, 8/15/2005] Sakra, who has been alleged to be an informant for the CIA, Syria, and Turkey (see 2000), will then reportedly make a remarkable series of confessions to Turkish interrogators (see Early August 2005).

Entity Tags: Luai Sakra

Timeline Tags: Complete 911 Timeline

Luai Sakra shouting to passers-by while imprisoned in Turkey.Luai Sakra shouting to passers-by while imprisoned in Turkey. [Source: Reuters]Al-Qaeda operative Luai Sakra, recently arrested in Turkey (see July 30, 2005), is interrogated for four days by police in Istanbul. He apparently freely confesses to involvement in a number of attacks and even shouts out confessions to reporters and passers-by from the window of his prison cell. [BBC, 8/13/2005]
bullet He says, “I was one of the people who knew the perpetrators of September 11, and knew the time and plan before the attacks. I also participated in the preparations for the attacks to WTC and Pentagon. I provided money and passports.” He claims to know 9/11 hijacker Mohamed Atta. Sakra lived in Germany for about a year before the 9/11 attacks (see September 2000-July 24, 2001). [Zaman, 8/14/2005; Der Spiegel (Hamburg), 8/24/2005] He also makes the claim that he helped some of the 9/11 hijackers near Bursa, Turkey, and will provide further details on this in 2007 (see Late 1999-2000). [Washington Post, 2/20/2006]
bullet Sakra claims to have co-masterminded a series of suicide bombings in Istanbul in 2003 that killed 58 people (see November 15-20, 2003). “I gave the orders, but as far as the targets, Habib Aktas made the decisions.” [Journal of Turkish Weekly, 8/13/2005]
bullet He claims to have fought for militant leader Abu Musab al-Zarqawi in Fallujah, Iraq, in 2004. In 1999, Sakra worked with al-Zarqawi to start a new Afghan training camp for Syrians and Jordanians and the two of them became friends. Sakra boasts of participating in the execution of a kidnapped Turkish truck driver in August 2004. The driver was abducted from the laundry facility on a US base in Iraq and at one point Sakra worked in the laundry service there. [Journal of Turkish Weekly, 8/13/2005; BBC, 8/13/2005; Der Spiegel (Hamburg), 8/24/2005] A US official says “We are taking very seriously reports that he was in Fallujah, and is linked with al-Zarqawi.” [United Press International, 8/17/2005] A captured aide to al-Zarqawi later confirms that Sakra was a key aide to al-Zarqawi in Fallujah beginning in March 2004 and that Sakra “provided coordinates for mortar attacks on US bases in Mosul, Samarra, Baghdad, and Anbar province.” [Washington Post, 2/20/2006]
bullet Sakra’s lawyer also claims Sakra was a member of a gang that held Kenneth Bigley, a British contractor in Iraq, for three weeks and then murdered him in October 2004. [Guardian, 4/20/2006]
bullet He claims to have had foreknowledge of the 7/7 London bombings (see July 7, 2005). He says he sent details about the attacks and who exactly took part in it to bin Laden via messenger some weeks afterwards. He also claims that he frequently communicated with bin Laden in person and by messenger. [Zaman, 8/15/2005]
bullet He claims to have sent many operatives to the US, Britain, Egypt, Syria, and Algeria to take part in various operations. [Zaman, 8/15/2005]
bullet He claims that the CIA, Syrian intelligence, and Turkish intelligence all wanted to employ him as an informant. The Turkish newspaper Zaman will conclude that Sakra likely did work for all three governments. “Sakra eventually became a triple agent for the secret services. Turkish security officials, interrogating a senior al-Qaeda figure for the first time, were thoroughly confused about what they discovered about al-Qaeda.” [Zaman, 8/14/2005] A Turkish security official will comment, “If during his trial, Sakra tells half of the information we heard from him, al-Qaeda’s real face will emerge. But what he has said so far has more to do about a formation permeated by secret services rather than the terror organization of al-Qaeda.” [Zaman, 8/15/2005]
bullet When offered a chance to pray, he surprisingly replies, “I don’t pray and I like alcohol. Especially whiskey and wine.” [Der Spiegel (Hamburg), 8/24/2005]
Der Spiegel reports, “Western investigators accept Sakra’s claims, by and large, since they coincide with known facts.” After talking to Sakra, Turkish officials suggest he may be one of the top five most important members of al-Qaeda. One security official says, “He had an intellect of a genius.” However, he also was found with medicine to treat manic-depression and exhibits manic-depressive behavior. [Zaman, 8/14/2005; Der Spiegel (Hamburg), 8/24/2005] Sakra will later be sentenced to life in prison (see March 21, 2006-February 16, 2007) for his self-confessed role in the 2003 Istanbul bombings (see November 15-20, 2003).

Entity Tags: Abu Musab al-Zarqawi, Habib Aktas, Mohamed Atta, Luai Sakra

Timeline Tags: Complete 911 Timeline

Lawyers for Sibel Edmonds file a petition with the Supreme Court asking it “to provide guidance to the lower courts about the proper scope and application of the state secrets privilege (see March 9, 1953), and to prevent further misuse of the privilege to dismiss lawsuits at the pleading stage.” The petition also urges the court to affirm that the press and public may not be barred from court proceedings in civil cases without just cause. In May, the federal appeals court had closed the courtroom to the public and media. Edmonds’ lawyers include the American Civil Liberties Union and Mark Zaid of Krieger and Zaid, PLLC. If the Supreme Court rules in favor of Edmonds, she will return to the lower courts and start her case again. [Petition for a writ of certiorari. Sibel Edmonds v. Department of Justice, et all., 8/4/2005, pp. 2 pdf file; Government Executive, 8/8/2005]

Entity Tags: US Supreme Court, American Civil Liberties Union, Mark Zaid

Timeline Tags: Complete 911 Timeline

Camp Casey.Camp Casey. [Source: Indybay (.org)]Antiwar activist Cindy Sheehan, of Vacaville, California, sets up “Camp Casey” three miles outside of President Bush’s Crawford, Texas ranch. Bush has come to his ranch for his yearly August vacation; Sheehan has come to demand a meeting with Bush to discuss the loss of her son, Casey, in Iraq. Sheehan chooses the date to coincide with the fourth anniversary of the briefing that warned Bush of Osama bin Laden’s intention to attack the US (see August 6, 2001). Camp Casey begins as a single pup tent in a ditch by the side of a dirt road, in which Sheehan intends to stay for whatever time it takes to secure a meeting with Bush. Author and media critic Frank Rich later writes that because Bush is so firmly ensconsced in the protective “bubble” that shields him from awareness of criticism, he and his top officials are blindsided by the media response to Sheehan’s lonely vigil. Casey Sheehan, who died in April 2004 a mere two weeks after his arrival in Iraq (see April 4, 2004), will become, Rich will write, emblematic of both “the noble intentions of those who volunteered to fight the war [and] also the arrogance, incompetence, and recklessness of those who gave the marching orders.”
Bush Refuses to Meet with Sheehan - Bush will refuse to meet with Sheehan and the increasing number of peace activists who gather at Camp Casey, causing him inordinate embarrassment (see August 12, 2005) as more and more reporters begin questioning his motives in refusing to meet with the bereaved mother of a fallen US soldier. Bush even ignores the advice of some of his public relations staffers and fellow Republicans, who ask him to reconsider, as Senator George Allen (R-VA) says, “as a matter of courtesy and decency.” Rich will write: “Only someone as adrift as Bush would need to be told that a vacationing president couldn’t win a standoff with a grief-stricken parent commandeering TV cameras and the blogosphere 24/7. But the White House held firm. In a particularly unfortunate gesture, the presidential motorcade, in a rare foray out of the vacation compound, left Sheehan in the dust on its way to a fundraiser at a fat cat’s ranch nearby” (see August 12, 2005). [Rich, 2006, pp. 193-196] Political analyst Charlie Cook says: “Anything that focuses media and public attention on Iraq war casualties day after day—particularly [something] that is a good visual for television, like a weeping Gold Star mother—is a really bad thing for President Bush and his administration.… Americans get a little numb by the numbers of war casualties, but when faces, names, and families are added, it has a much greater effect.” Republican strategist Kellyanne Conway agrees, saying: “Cindy Sheehan has tapped into a latent but fervent feeling among some in this country who would prefer that we not engage our troops in Iraq. She can tap into what has been an astonishingly silent minority since the end of last year’s presidential contest. It will capture attention.” University professor Stephen Hess says that Sheehan’s “movement… can be countered by a countermovement” and therefore negated, but “I think the president might have defused the situation if he had invited her in instantly.” Hess predicts that Sheehan will soon be targeted by Republican strategists in a counterattack (see August 11, 2005 and After).
Focus of Antiwar Movement - Camp Casey quickly becomes the focus of the American antiwar movement, with organizations such as MoveOn.org and Code Pink pitching in to help expand and coordinate the camp, and high-profile Democratic operatives such as Joe Trippi organizing support among left-wing bloggers. MoveOn’s Tom Mattzie says: “Cindy reached out to us.… Cindy is a morally pure voice on the war, so we’re trying to keep the focus on her and not jump in and turn it into a political fight.” [Los Angeles Times, 8/11/2005]

Entity Tags: George W. Bush, Cindy Sheehan, Charlie Cook, Casey Sheehan, Bush administration (43), “Camp Casey”, Code Pink, George F. Allen, MoveOn (.org), Stephen Hess, Frank Rich, Kellyanne Conway, Joe Trippi, Tom Mattzie

Timeline Tags: Iraq under US Occupation

National Security Adviser Stephen Hadley and White House deputy chief of staff Joe Hagin meet with antiwar protester Cindy Sheehan (see August 6, 2005 and After) for about 45 minutes. Sheehan, who has requested a meeting with President Bush during his vacation at his ranch in Texas, says she is not satisfied with the meeting with Hadley and Hagin. “I don’t believe his phony excuses for the war,” she says. “I want him to tell me why my son died (see April 4, 2004). If he gave the real answer, people in this country would be outraged—if he told people it was to make his buddies rich, that it was about oil.” [Los Angeles Times, 8/11/2005]

Entity Tags: Stephen J. Hadley, Cindy Sheehan, Joseph W. Hagin, George W. Bush

Timeline Tags: Iraq under US Occupation

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