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Context of 'August 2004: ACLU Warns that InfraGard May Train Private Citizens to Be ‘Surrogates’ for FBI'

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The German Reich Ministry of Justice issues a secret memo following a meeting of several Justice Ministry lawyers and public prosecutors with senior Gestapo officers. The participants discuss the fact that Germany has been on a war footing for years, and the leaders’ worry that the citizenry is riddled with sleeper cells of subversives. The solution: detaining and torturing subversives. It is unclear whether torture will be used to terrorize other subversives, to extract information, or produce confessions. German law enforcement officials are balky at applying “more rigorous interrogation” techniques. Though some judges seem unmoved by defendants appearing in court with obvious marks of torture upon their bodies, the law enforcement officers are bureaucrats in a system that has always respected the rule of law and the Hitler government was originally elected on a law-and-order platform. The memo is the product of the top officials in the Gestapo and Justice Ministry, and lays out detailed instructions as to when torture techniques can be applied, the specific equipment used in such interrogations, and how many times particular techniques could be used on certain categories of detainees. Perhaps most importantly, the memo promises immunity from prosecution to any German interrogator who follows the rules as laid down in the memo.
Specific Instructions - It reads in part: “At present, we thus have a situation which cannot continue: a deficient sense of what is right on the part of judicial officers; an undignified position for police officers, who try to help matters by foolish denials [that torture has taken place in court proceedings].… [I]nterrogations of this kind [torture] may be undertaken in cases where charges involve the immediate interests of the state.… chiefly treason and high treason. Representatives of the Gestapo expressed the opinion that a more rigorous interrogation could also be considered in cases of Jehovah’s Witnesses, explosives, and sabotage.… As a general principle, in more rigorous interrogations only blows with a club on the buttocks are permissible, up to 25 such blows. The number is to be determined in advance by the Gestapo.… Beginning with the tenth blow, a physician must be present. A standard club will be designated, to eliminate all irregularities.” Gestapo Headquarters in Berlin must give permission for more “rigorous interrogation[s],” the memo continues.
Drawing Parallels to Bush Administration Torture - The memo will be the subject of a 2009 article by Shayana Kadidal, the senior managing attorney of the Guantanamo project at the Center for Constitutional Rights. Kadidal will draw parallels between the Nazi torture authorization and similar legal justifications issued by the American government after the 9/11 attacks (see March 2, 2009 and April 21, 2009). Kadidal will write: “I realize that, as a matter of principle, there is a strong bias against making Nazi analogies to any events happening in our modern world.… But here we have: (1) a system set up to allow torture on certain specific individual detainees, (2) specifying standardized equipment for the torture (apparently down to the exact length of the club to be used), along with physician participation to ensure survival of the victim for the more several applications, (3) requiring prior approval of the use of torture from the central authorities in the justice department and intelligence agency in the capital, so as to ensure that (6) the local field officers actually carrying out the abuse are immune from prosecution.” [Huffington Post, 4/21/2009]

Entity Tags: Gestapo, Shayana Kadidal, German Reich Ministry of Justice

Timeline Tags: Torture of US Captives

The NSA, working with British intelligence, begins secretly intercepting and reading millions of telegraph messages between US citizens and international senders and recipients. The clandestine program, called Operation Shamrock and part of a larger global surveillance network collectively known as Echelon (see April 4, 2001 and Before September 11, 2001), begins shortly after the end of World War II, and continues through 1975, when it is exposed by the “Church Committee,” the Senate investigation of illegal activities by US intelligence organizations (see April, 1976). [Telepolis, 7/25/2000] The program actually predates the NSA, originating with the Armed Forces Security Agency (AFSA) then continuing when that turned into NSA (see 1952). [Pensito Review, 5/13/2006] The program operates in tandem with Project Minaret (see 1967-1975). Together, the two programs spy on both foreign sources and US citizens, especially those considered “unreliable,” such as civil rights leaders and antiwar protesters, and opposition figures such as politicians, diplomats, businessmen, trades union leaders, non-government organizations like Amnesty International, and senior officials of the Catholic Church. The NSA receives the cooperation of such telecommunications firms as Western Union, RCA, and ITT. [Telepolis, 7/25/2000] (Those companies are never required to reveal the extent of their involvement with Shamrock; on the recommendations of Defense Secretary Donald Rumsfeld and presidential chief of staff Dick Cheney, in 1975 President Ford extends executive privilege to those companies, precluding them from testifying before Congress.) [Pensito Review, 5/13/2006] In the 1960s, technological advances make it possible for computers to search for keywords in monitored messages instead of having human analysts read through all communications. In fact, the first global wide-area network, or WAN, is not the Internet, but the international network connecting signals intelligence stations and processing centers for US and British intelligence organizations, including the NSA, and making use of sophisticated satellite systems such as Milstar and Skynet. (The NSA also builds and maintains one of the world’s first e-mail networks, completely separate from public e-mail networks, and highly secret.) At the program’s height, it operates out of a front company in Lower Manhattan code-named LPMEDLEY, and intercepts 150,000 messages a month. In August 1975, NSA director Lieutenant General Lew Allen testifies to the House of Representatives’ investigation of US intelligence activities, the Pike Committee (see January 29, 1976), that “NSA systematically intercepts international communications, both voice and cable.” He also admits that “messages to and from American citizens have been picked up in the course of gathering foreign intelligence,” and acknowledges that the NSA uses “watch lists” of US citizens “to watch for foreign activity of reportable intelligence interest.” [Telepolis, 7/25/2000] The Church Committee’s final report will will call Shamrock “probably the largest government interception program affecting Americans ever undertaken.” [Church Committee, 4/23/1976] Shortly after the committee issues its report, the NSA terminates the program. Since 1978, the NSA and other US intelligence agencies have been restrained in their wiretapping and surveillance of US citizens by the Foreign Intelligence Surveillance Act (see 1978). Admiral Bobby Ray Inman, who will become the NSA’s director in 1977, and who testifies before the Church Committee as director of Naval Intelligence, will later say that he worked actively to help pass FISA: “I became convinced that for almost anything the country needed to do, you could get legislation to put it on a solid foundation. There was the comfort of going out and saying in speeches, ‘We don’t target US citizens, and what we do is authorized by a court.’” [Pensito Review, 5/13/2006] Shamrock is considered unconstitutional by many US lawmakers, and in 1976 the Justice Department investigates potential criminal offenses by the NSA surrounding Shamrock. Part of the report will be released in 1980; that report will confirm that the Shamrock data was used to further the illegal surveillance activities of US citizens as part of Minaret. [Telepolis, 7/25/2000]
bullet After 9/11, the NSA will once again escalate its warrantless surveillance of US citizens, this time monitoring and tracking citizens’ phone calls and e-mails (see After September 11, 2001). It will also begin compiling an enormous database of citizens’ phone activities, creating a “data mine” of information on US citizens, ostensibly for anti-terrorism purposes (see October 2001).

Entity Tags: Western Union, Pike Committee, National Security Agency, Bobby Ray Inman, Church Committee, International Telephone and Telegraph, Radio Corporation of America

Timeline Tags: Civil Liberties

1952: NSA Founded

The National Security Agency (NSA) is founded. It is the successor to the State Department’s “Black Chamber” and other military code-breaking and eavesdropping operations dating back to the earliest days of telegraph and telephone communications. It will eventually become the largest of all US intelligence agencies, with over 30,000 employees at its Fort Meade, Maryland, headquarters. It focuses on electronic surveillance, operating a large network of satellites and listening devices around the globe. More even than the CIA, the NSA is the most secretive of US intelligence organizations, [New York Times, 12/16/2005] The agency will remain little known by the general public until the release of the 1998 film Enemy of the State, which will portray the NSA as an evil “Big Brother” agency spying on Americans as a matter of course. [CNN, 3/31/2001] After it is disclosed during the 1970s that the NSA spied on political dissenters and civil rights protesters, the NSA will be restricted to operating strictly overseas, and will be prohibited from monitoring US citizens within US borders without special court orders. [New York Times, 12/16/2005]

Entity Tags: US Department of State, Central Intelligence Agency, George W. Bush, National Security Agency

Timeline Tags: Civil Liberties

Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

Henry Kissinger.Henry Kissinger. [Source: Library of Congress]Secretary of State Henry Kissinger, determined to prove to President Nixon that news stories about the secret Cambodian bombings are not being leaked to the press by liberals in the National Security Council offices, urges FBI director J. Edgar Hoover to wiretap several of Nixon’s top aides, as well as a selection of reporters. Kissinger will later deny making the request. [Werth, 2006, pp. 169] In March 1973, W. Mark Felt, the deputy director of the FBI and Washington Post reporter Bob Woodward’s famous “Deep Throat” background source, will confirm the wiretappings, saying: “In 1969, the first targets of aggressive wiretapping were the reporters and those in the administration who were suspected of disloyalty. Then the emphasis was shifted to the radical political opposition during the [Vietnam] antiwar protests. When it got near election time [1972], it was only natural to tap the Democrats (see Late June-July 1971 and May 27-28, 1972). The arrests in the Watergate (see 2:30 a.m.June 17, 1972) sent everybody off the edge because the break-in could uncover the whole program.” [Bernstein and Woodward, 1974, pp. 271] Felt will tell Woodward that two of the reporters placed under electronic surveillance are Neil Sheehan and Hedrick Smith. Pentagon Papers leaker Daniel Ellsberg will leak the Defense Department documents to Sheehan (see March 1971). Eventually, future FBI director William Ruckelshaus will reveal that at least 17 wiretaps are ordered between 1969 and 1971. The logs of those wiretaps are stored in a safe in White House aide John Ehrlichman’s office. In all, 13 government officials and four reporters are monitored. [Bernstein and Woodward, 1974, pp. 313] The FBI will send Kissinger 37 letters reporting on the results of the surveillance between May 16, 1969 and May 11, 1970. When the surveillance is revealed to the Senate Watergate Committee, it will be shown that among those monitored are Nixon speechwriter and later New York Times columnist William Safire; Anthony Lake, a top Kissinger aide who will later resign over the secret bombings of Cambodia; and the military assistant to Secretary of Defense Melvin Laird, whom Kissinger regards as a political enemy. [Woodward, 2005, pp. 21-22]

Entity Tags: Richard M. Nixon, J. Edgar Hoover, Henry A. Kissinger, Hedrick Smith, Anthony Lake, Melvin Laird, Neil Sheehan, William Safire, W. Mark Felt, National Security Council, William Ruckelshaus

Timeline Tags: Civil Liberties, Nixon and Watergate

The NSA, following up on its successful pilot program of satellite-based intelligence gathering called “Canyon” (see 1968), develops a much more sophisticated satellite surveillance program called “Rhyolite.” Rhyolite, later renamed “Aquacade,” is a breakthrough in the world of signal intelligence (sigint). Most importantly, it can monitor microwave transmissions, used extensively by the Soviet Union for its most secure transmissions. Its possibilities, says one insider, are “mind-blowing.” Britain’s own security agency, GCHQ, is a full party to Rhyolite/Aquacade. Former Army sigint officer Owen Lewis recalls in 1997, “When Rhyolite came in, the take was so enormous that there was no way of handling it. Years of development and billions of dollars then went into developing systems capable of handling it.” The NSA will pass much of the information it gathers to the GCHQ for transcription and analysis. Subsequently, the NSA will deploy new and even more sophisticated surveillance systems, code-named “Chalet” and “Vortex.” In doing so, it constructs numerous listening stations on friendly foreign soil, including the Menwith Hill facility that will later become a linchpin of the satellite surveillance program known as Echelon (see February 27, 2000). The new programs will revitalize the lapsed sigint alliance between the US, Britain, Canada, Australia, and New Zealand (see July 11, 2001). [Federation of American Scientists, 7/17/1997]

Entity Tags: National Security Agency, Echelon, Rhyolite, Chalet, Government Communications Headquarters, Owen Lewis, Canyon

Timeline Tags: Civil Liberties

July 26-27, 1970: Nixon Rejects Huston Plan

After President Nixon approves of the so-called “Huston Plan” to implement a sweeping new domestic intelligence and internal security apparatus (see July 14, 1970), FBI director J. Edgar Hoover brings the plan’s author, White House aide Tom Charles Huston (see June 5, 1970), into his office and vents his disapproval. The “old ways” of unfettered wiretaps, political infiltration, and calculated break-ins and burglaries are “too dangerous,” he tells Huston. When, not if, the operations are revealed to the public, they will open up scrutiny of US law enforcement and intelligence agencies, and possibly reveal other, past illegal domestic surveillance operations that would embarrass the government. Hoover says he will not share FBI intelligence with other agencies, and will not authorize any illegal activities without President Nixon’s personal, written approval. The next day, Nixon orders all copies of the decision memo collected, and withdraws his support for the plan. [Reeves, 2001, pp. 236-237] W. Mark Felt, the deputy director of the FBI, later calls Huston “a kind of White House gauleiter over the intelligence community.” Washington Post reporter Bob Woodward will note that the definition of “gauleiter” is, according to Webster’s Dictionary, “the leader or chief officoal of a political district under Nazi control.” [Woodward, 2005, pp. 33-34]

Entity Tags: W. Mark Felt, Tom Charles Huston, J. Edgar Hoover, Federal Bureau of Investigation, Central Intelligence Agency, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

President Nixon authorizes the creation of a “special investigations unit,” later nicknamed the “Plumbers,” to root out and seal media leaks. The first target is Daniel Ellsberg, who leaked the Pentagon Papers to the press (see June 13, 1971); the team will burglarize the office of Ellsberg’s psychiatrist, Dr. Lewis Fielding, in hopes of securing information that the White House can use to smear Ellsberg’s character and undermine his credibility (see September 9, 1971). Nixon aide John Ehrlichman, who supervises the “Plumbers,” will later say that the Ellsberg burglary is “the seminal Watergate episode.” Author Barry Werth will later write, “[L]ike all original sins, it held the complete DNA of subsequent misdeeds.” During the upcoming court battle over the documents, Nixon tells his aide Charles Colson: “We’ve got a countergovernment here and we’ve got to fight it. I don’t give a damn how it’s done. Do whatever has to be done to stop those leaks.… I don’t want to be told why it can’t be done.” Whatever damaging information the “Plumbers” can find on Ellsberg will be itself leaked to the press, Nixon says. “Don’t worry about his trial [referring to Ellsberg’s arrest on conspiracy and espionage charges (see June 28, 1971) ]. Just get everything out. Try him in the press… leak it out.” [Werth, 2006, pp. 84-87] As he is wont to do, Nixon refers to his own success in convicting suspected Communist spy Alger Hiss in 1950. “We won the Hiss case in the papers,” he says. “We did. I had to leak stuff all over the place. Because the Justice Department would not prosecute it.… It was won in the papers…. I leaked out the papers. I leaked everything.… I leaked out the testimony. I had Hiss convicted before he ever got to the grand jury.” [Kutler, 1997, pp. 10; Reeves, 2001, pp. 337-338] In July 1973, FBI deputy director W. Mark Felt, the notorious “Deep Throat” (see May 31, 2005) will tell reporter Bob Woodward that Nixon created the Plumbers because the FBI would not do his bidding in regards to Ellsberg. Had the FBI agreed to investigate Ellsberg to the extent Nixon wanted, he would not have created the “Plumbers.” “The problem was that we [the FBI] wouldn’t burglarize” (see June 30-July 1, 1971), Felt will say. Ehrlichman will later testify, “Those fellows were going out as substitutes for the FBI.” [Woodward, 2005, pp. 107]

Entity Tags: Federal Bureau of Investigation, ’Plumbers’, Alger Hiss, Daniel Ellsberg, Richard M. Nixon, W. Mark Felt, Lewis Fielding, Bob Woodward, John Ehrlichman

Timeline Tags: Nixon and Watergate

July 1, 1971: Felt Becomes #3 FBI Official

FBI Director J. Edgar Hoover promotes W. Mark Felt to be the #3 official in the bureau. Though Hoover’s longtime assistant and confidante Clyde Tolson is putatively the #2 man at the bureau, Tolson is seriously ill and does not often come to work, so Felt essentially becomes the FBI’s deputy director, in charge of day-to-day operations. Felt has access to virtually every piece of information the FBI possesses. Felt will become the celebrated “Deep Throat,” Washington Post reporter Bob Woodward’s inside source for the Watergate investigations (see May 31, 2005). [Woodward, 2005, pp. 35]

Entity Tags: Bob Woodward, Clyde Tolson, Federal Bureau of Investigation, J. Edgar Hoover, W. Mark Felt

Timeline Tags: Nixon and Watergate

May 3, 1972: Gray Named FBI Director

L. Patrick Gray.L. Patrick Gray. [Source: Associated Press]L. Patrick Gray, an assistant attorney general in the Justice Department, is named the acting director of the FBI by President Nixon. [Federal Bureau of Investigation, 2007] Gray, a Navy veteran and a “straight arrow” who neither smokes nor drinks, hires the first female FBI agents and relaxes the rigid agency dress code. He has a long relationship with Nixon, and worked on Nixon’s staff in the late 1950s when Nixon was vice president. Considered an outsider by many FBI officials, his naming to the post particularly infuriates deputy director W. Mark Felt, who believes he should have been given the post. Felt, who becomes the celebrated Watergate source “Deep Throat” (see May 31, 2005), may have decided to leak Watergate-related information in part because of his dislike for Gray and his resentment at not becoming director. [New York Times, 7/7/2005]

Entity Tags: W. Mark Felt, Richard M. Nixon, L. Patrick Gray, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Arthur Bremer being restrained after shooting George Wallace.Arthur Bremer being restrained after shooting George Wallace. [Source: Kansas City Star]Around 4 p.m, gunman Arthur Bremer shoots Alabama Governor George Wallace in a Maryland shopping center. Wallace, mounting a third-party bid for the presidency, survives the shooting, but is crippled for life. He is also essentially out of the race. The political ramifications are powerful: Wallace, a segregationist Democrat, is doing well in many Southern states. With Wallace out of the picture, his voters will almost uniformly go to Richard Nixon, and whatever threadbare chance of victory Democratic candidate George McGovern has of defeating Nixon is over.
Lone Gunman - There is no evidence to connect Nixon or the GOP with Bremer—all evidence will show that Bremer is a classic “lone gunman” who stalked several presidential candidates before gunning down Wallace—but Nixon and his campaign officials know that even a hint of a connection between the Nixon campaign and Bremer would be politically devastating.
Break-in - On the night of the shooting, Nixon aide Charles Colson orders campaign operative E. Howard Hunt (see 2:30 a.m.June 17, 1972) to break into Bremer’s Milwaukee apartment to discover if Bremer had any political connections (hopefully Democratic or liberal connections, though none are ascertained). [Woodward, 2005, pp. 47-50] Interestingly, by 6:30 p.m., White House communications official Ken Clawson calls the Washington Post to announce that “left-wing” literature had been found in Bremer’s apartment, and that Bremer may have been associated with the presidential campaign of George McGovern. No such evidence is found. Colson tells reporters that Bremer is a dues-paying member of the Young Democrats of Milwaukee, a lie that makes it into several newspapers. Post editor Howard Simons will consider the idea that Wallace was assassinated on the orders of the White House—“the ultimate dirty trick”—but no evidence of that connection ever surfaces. [Bernstein and Woodward, 1974, pp. 326; Reeves, 2001, pp. 480]
FBI Leaves Apartment - Hunt will claim in his autobiography, Undercover, that he refused the order to burglarize Bremer’s apartment. The FBI finds both left-wing and right-wing literature in Bremer’s apartment, as well as a diary whose opening line is, “Now I start my diary of my personal plot to kill by pistol either Richard Nixon or George Wallace.” Local reporters will later claim that the FBI leaves Bremer’s apartment for about 90 minutes, during which time reporters and other unidentified figures are able to spirit away papers and other materials. It is not clear whether Hunt is one of those “unidentified figures.” [Spartacus Schoolnet, 8/2007]
Deep Throat - Top FBI official W. Mark Felt provides useful information for Washington Post reporter Bob Woodward’s profile of Bremer, operating as a “deep background” source. It is the first time Felt, who will become Woodward’s “Deep Throat” Watergate source (see May 31, 2005), gives important information to Woodward. [Woodward, 2005, pp. 47-50]

Entity Tags: Richard M. Nixon, Howard Simons, W. Mark Felt, George S. McGovern, Ken Clawson, E. Howard Hunt, Arthur Bremer, Bob Woodward, Charles Colson, George C. Wallace

Timeline Tags: Nixon and Watergate, Elections Before 2000

The US and the Soviet Union sign the Anti-Ballistic Missile Systems (ABM) Treaty. It will be ratified by the US Senate in August 1972, and will go into force in October 1972. Originally, the treaty agrees that each nation can have only two ABM deployment areas, located so that those areas cannot provide a nationwide ABM defense or become the basis for developing one. In essence, the ABM Treaty prevents either nation from developing a missile defense system (see March 23, 1983), and allows each country the likelihood of destroying the other with an all-out nuclear barrage. The treaty puts in place the doctrine of MAD, or Mutual Assured Destruction, which states that because both nations can obliterate the other in a nuclear exchange, neither one will trigger such a strike. In 1976, an addendum to the treaty further limits the number of ABM deployment areas from two to one; the Soviets will deploy a rudimentary ABM system around Moscow, but the US never does, and even deactivates its single ABM site near Grand Forks, North Dakota. In 2001, US President George W. Bush will unilaterally withdraw from the treaty (see December 13, 2001 and June 14, 2002). [Federation of American Scientists, 1/15/2008]

Entity Tags: Nixon administration, George W. Bush

Timeline Tags: US International Relations

Washington Post reporter Bob Woodward learns that two of the Watergate burglars (see 2:30 a.m.June 17, 1972) have the name “E. Howard Hunt” in their address books, both with notations that indicate Hunt has a post at the White House. Woodward contacts his FBI source, W. Mark Felt—later known as “Deep Throat” (see May 31, 2005)—and asks Felt the first of many Watergate-related questions. Felt is reticent, merely telling Woodward that the burglary will “heat up” before hanging up on Woodward. Unsure what to do next, Woodward calls the White House and asks for Hunt. When no one answers Hunt’s office phone, the White House operator suggests that Hunt may be in the office of Charles Colson, the special counsel to President Nixon. Colson’s office gives Woodward the number of the Mullen Company, a public relations firm for which Hunt writes (Mullen is a possible CIA front company—see June 17, 1972). Woodward calls Hunt there, and when Hunt answers, asks him why his name is in the address book of two of the Watergate burglars. “Good God!” Hunt shouts, then says he has no comment, and slams down the phone. Within hours, Hunt will go into hiding. White House communications official Ken Clawson tells Woodward that Hunt worked with the White House in declassifying the Pentagon Papers (see March 1971), and, more recently, on a narcotics enforcement project. Clawson then puzzles Woodward by making the following unsolicited statement: “I’ve looked into the matter very thoroughly, and I am convinced that neither Mr. Colson nor anyone else at the White House had any knowledge of, or participation in, this deplorable incident at the Democratic National Committee.” Woodward soon learns that Hunt was a CIA agent between 1949 and 1970. Woodward again calls Felt, who guardedly tells him that Hunt is connected to the burglaries by far more than mere address books. Felt does not tell Woodward that he has already reviewed Hunt’s White House personnel file, and found that Hunt worked over 600 hours for Colson in less than a year. [Bernstein and Woodward, 1974, pp. 24-25; Woodward, 2005, pp. 56-58]

Entity Tags: W. Mark Felt, Bob Woodward, Charles Colson, Mullen Company, Democratic National Committee, Ken Clawson, E. Howard Hunt

Timeline Tags: Nixon and Watergate

The US Supreme Court, in what becomes informally known as the “Keith case,” upholds, 8-0, an appellate court ruling that strikes down warrantless surveillance of domestic groups for national security purposes. The Department of Justice had wiretapped, without court warrants, several defendants charged with destruction of government property; those wiretaps provided key evidence against the defendants. Attorney General John Mitchell refused to disclose the source of the evidence pursuant to the “national security” exception to the Omnibus Crime Control and Safe Streets Act of 1968. The courts disagreed, and the government appealed the decision to the Supreme Court, which upheld the lower courts’ rulings against the government in a unanimous verdict. The Court held that the wiretaps were an unconstitutional violation of the Fourth Amendment, establishing the judicial precedent that warrants must be obtained before the government can wiretap a US citizen. [US Supreme Court, 6/19/1972; Bernstein and Woodward, 1974, pp. 258-259] Critics of the Nixon administration have long argued that its so-called “Mitchell Doctrine” of warrantlessly wiretapping “subversives” has been misused to spy on anyone whom Nixon officials believe may be political enemies. [Bernstein and Woodward, 1974, pp. 258-259] As a result of the Supreme Court’s decision, Congress passes the Foreign Intelligence Surveillance Act. [John Conyers, 5/14/2003]
Opinion of Justice Powell - Writing for the Court, Justice Lewis Powell observes: “History abundantly documents the tendency of Government—however benevolent and benign its motives—to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the government attempts to act under so vague a concept as the power to protect ‘domestic security.’ Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent.” [US Supreme Court, 6/19/1972]
Justice Department Wiretapped Reporters, Government Officials - In February 1973, the media will report that, under the policy, the Justice Department had wiretapped both reporters and Nixon officials themselves who were suspected of leaking information to the press (see May 1969 and July 26-27, 1970), and that some of the information gleaned from those wiretaps was given to “Plumbers” E. Howard Hunt and G. Gordon Liddy for their own political espionage operations. [Bernstein and Woodward, 1974, pp. 258-259]
Conyers Hails Decision 30 Years Later - In 2003, Representative John Conyers (D-MI) will say on the floor of the House: “Prior to 1970, every modern president had claimed ‘inherent Executive power’ to conduct electronic surveillance in ‘national security’ cases without the judicial warrant required in criminal cases by the Fourth Amendment to the Constitution. Then Attorney General John Mitchell, on behalf of President Richard Nixon sought to wiretap several alleged ‘domestic’ terrorists without warrants, on the ground that it was a national security matter. Judge [Damon] Keith rejected this claim of the Sovereign’s inherent power to avoid the safeguard of the Fourth Amendment. He ordered the government to produce the wiretap transcripts. When the Attorney General appealed to the US Supreme Court, the Court unanimously affirmed Judge Keith. The Keith decision not only marked a watershed in civil liberties protection for Americans. It also led directly to the current statutory restriction on the government’s electronic snooping in national security cases.” [John Conyers, 5/14/2003]

Entity Tags: Lewis Powell, US Supreme Court, John Mitchell, E. Howard Hunt, US Department of Justice, G. Gordon Liddy, ’Plumbers’, Damon Keith, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

Martha Mitchell.Martha Mitchell. [Source: Bettmann / Corbis]Martha Mitchell, the wife of Nixon campaign director John Mitchell, makes an unexpected phone call to UPI reporter Helen Thomas. Mrs. Mitchell is initially calm and even a bit sad, but when Thomas brings up the subject of Watergate, Mrs. Mitchell becomes agitated. She is “sick of the whole business,” she says, and adds: “I’ve given John an ultimatum. I’m going to leave him unless he gets out of the campaign. I’m sick and tired of politics. Politics is a dirty business.” [Thomas, 1999, pp. 210-211] Suddenly she screams, “You just get away—get away!” and the line goes dead. [Reeves, 2001, pp. 508] Three days later she calls Thomas again and asserts that she is a political prisoner in her own home. “I’m not going to stand for all of those dirty things that go on,” she shouts. “If you could see me, you wouldn’t believe it. I’m black and blue.” Washington Post reporter Bob Woodward believes that Mrs. Mitchell might be an unexpected fount of information about her husband’s inner dealings in the Watergate conspiracy, but when he interviews her in September, she will reveal nothing of import. [Bernstein and Woodward, 1974, pp. 92-95] In October 1972, W. Mark Felt, Washington Post reporter Bob Woodward’s FBI background source (see May 31, 2005), says of Mrs. Mitchell, “She knows nothing, apparently, but that doesn’t mean she won’t talk.” [Bernstein and Woodward, 1974, pp. 133]

Entity Tags: Martha Mitchell, W. Mark Felt, Helen Thomas, John Mitchell, Bob Woodward

Timeline Tags: Nixon and Watergate

The Rosslyn parking garage where Woodward and Felt meet.The Rosslyn parking garage where Woodward and Felt meet. [Source: Washington Post]Washington Post reporter Bob Woodward visits his FBI source, top bureau official W. Mark Felt (see May 31, 2005), at Felt’s suburban Virginia home. Felt instructs Woodward that if he is to continue funneling information to Woodward as his “deep background” source, ground rules need to be set. Felt brings his early FBI experience as a Nazi tracker to bear. No more phone calls and no more visits, Felt says. Woodward needs an unobtrusive way to contact Felt to arrange a meeting; Felt suggests that Woodward use a flowerpot with a small red flag currently on his apartment balcony. Moving the flowerpot from the front of the balcony to the rear will alert Felt that Woodward wants a meeting. The meetings will take place at 2 a.m. on the bottom level of an underground parking garage in Rosslyn, Virginia. Woodward is to employ countersurveillance techniques for these meetings—taking the stairs instead of the elevators, taking taxicabs instead of his personal car, switching cabs, walking the last few blocks to the garage. If Felt wants a meeting, he will, by methods he never explains, indicate this by marking Woodward’s morning copy of the New York Times. Woodward is never to divulge anything of Felt’s contacts or their relationship to anyone, Felt insists. “I had never heard of such extreme precautions,” Woodward recalls in 2005. “It was extraordinary.” Woodward realizes that Felt is an extraordinary source taking extraordinary risks, and agrees to the procedures. [Woodward, 2005, pp. 61-66]

Entity Tags: Bob Woodward, Federal Bureau of Investigation, W. Mark Felt

Timeline Tags: Nixon and Watergate

US Attorney Earl Silbert, the chief prosecutor for the Watergate burglary case (see 2:30 a.m.June 17, 1972), has the FBI “electronically sweep his office as well as the federal grand jury area” for surveillance devices. Silbert asks for the sweep because of information appearing in the Washington Post’s Watergate reporting that Silbert believes may be coming from inside the courthouse. The sweep, conducted on September 5, finds nothing. FBI deputy director W. Mark Felt—“Deep Throat” (see May 31, 2005)—signs off on Silbert’s request. [Woodward, 2005, pp. 68]

Entity Tags: W. Mark Felt, Earl Silbert, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Disappointed that the Watergate burglary indictments do not extend further than the five burglars and their two handlers (see 2:30 a.m.June 17, 1972 and September 15, 1972), Washington Post reporter Bob Woodward contacts W. Mark Felt (“Deep Throat”—see May 31, 2005), his FBI source, to ask about a story he and fellow reporter Carl Bernstein have drafted about the indictment. Woodward breaks the rules Felt laid down for contacting him (see August 1972), but Felt does not complain. Instead, Felt tells Woodward that the story is “[t]oo soft.” “You can go much stronger,” he says. Felt tells Woodward to look into “other intelligence gathering activities” beyond Watergate. Felt says that the money for the burglary and other operations is controlled by top assistants to former Attorney General John Mitchell, now chief of the Nixon re-election campaign (CREEP). In a frantic set of meetings with Judy Hoback, the treasurer of CREEP, Bernstein learns of a secret campaign fund managed by two top campaign aides, Jeb Magruder and Herbert L. “Bart” Porter, as well as White House aide and Watergate figure G. Gordon Liddy. Woodward calls Felt for more details, and after Felt abjures Woodward to make this his last phone call, confirms Magruder and Porter’s involvement. In essence, Felt tells Woodward to “follow the money,” though Woodward will not recall Felt using those exact words. [Bernstein and Woodward, 1974, pp. 73; Woodward, 2005, pp. 69-71]

Entity Tags: John Mitchell, Campaign to Re-elect the President, Bob Woodward, Carl Bernstein, Herbert L. Porter, G. Gordon Liddy, W. Mark Felt, Judy Hoback, Jeb S. Magruder

Timeline Tags: Nixon and Watergate

Around 2 a.m., Washington Post reporter Bob Woodward meets his FBI source, W. Mark Felt (popularly called “Deep Throat”—see May 31, 2005) in the underground parking garage Felt has designated as their rendezvous (see August 1972). Woodward’s partner Carl Bernstein has unearthed fascinating but puzzling information about a Nixon campaign “dirty tricks” squad headed by California lawyer Donald Segretti (see June 27, 1971, and Beyond and October 7, 1972). Woodward is desperately searching for a way to pull together the disparate threads of the various Watergate stories. An unusually forthcoming Felt says he will not give Woodward any new names, but directs him to look in “the direction of what was called ‘Offensive Security.’” Things “got all out of hand,” Felt tells Woodward, in “heavy-handed operation[s]” that went farther than perhaps their originators had intended. Felt says bluntly that Nixon campaign chairman John Mitchell was involved, and, “Only the president and Mitchell know” how deep Mitchell’s involvement really is. Mitchell “learned some things in those ten days after Watergate,” information that shocked even him. If what Mitchell knows ever comes to light, it could destroy the Nixon administration. Mitchell himself knew he was ruined after Watergate investigation began, and left the administration to try to limit the damage. Felt adds that Nixon aide John Ehrlichman ordered Watergate burglar E. Howard Hunt to leave town (see June 18, 1972), a revelation that surprises Woodward, since Ehrlichman’s name has not yet come up in the conspiracy stories.
Four Major Groups - There are four major groups within the Nixon presidential campaign, Felt says. The “November Group” handles campaign advertising. Another group handles political espionage and sabotage for both the Republican and Democratic National Conventions. A third “primary group” did the same for the campaign primaries (this group not only worked to sabotage Democrats, but Republican primary opponents of Nixon’s as well). And a fourth, the “Howard Hunt group,” is also known as the “Plumbers,” working under Hunt (see 2:30 a.m.June 17, 1972). Felt calls the Plumbers the “really heavy operations team.” Hunt’s group reports directly to Charles Colson, Nixon’s special counsel. One set of operations by Hunt’s group involved planting items in the press; Felt believes Colson and Hunt leaked stories of former Democratic vice presidential candidate Thomas Eagleton’s drunk driving record to reporters. “Total manipulation—that was their goal, with everyone eating at one time or another out of their hands. Even the press.” The Post is specifically being targeted, Felt warns; the White House plans to use the courts to make Woodward and Bernstein divulge their sources.
Watergate Investigation Deliberately Narrow - Felt says that the Justice Department’s indictments against the seven Watergate burglars (see September 15, 1972) was as narrow as Department officials could make it. Evidence of political espionage or illegal campaign finances that was not directly related to the burglary was not considered. Felt says that the investigation, as narrow as it was, was plagued by witness perjury and evasions.
Everything is Interconnected - Everything—surveillance operations, illegal campaign finances, campaign “dirty tricks”—is interconnected, Felt says. The Segretti story is just the tip of the iceberg: “You could write stories from now until Christmas or well beyond that.” The two men have been alternately standing and sitting in the unlighted parking garage for hours; dawn is approaching, and both are exhausted. Woodward knows he needs specifics, the names of these higher-ups. How is he to know if he is not being railroaded down investigative dead ends by White House media manipulation operations? How about the “Canuck letter” that destroyed the candidacy of Democratic presidential hopeful Edmund Muskie? “It was a White House operation,” Felt replies: “done inside the gates surrounding the White House and the Executive Office Building. Is that enough?” It is not, Woodward retorts. Are there more intelligence and sabotage operations still to come? Woodward angrily says that he is tired of their “chickensh_t games,” with Felt pretending he never provided primary information and Woodward contenting himself with scraps of disconnected information. Felt replies: “Okay. This is very serious. You can safely say that 50 people worked for the White House and CREEP [the Nixon re-election campaign] to play games and spy and sabotage and gather intelligence. Some of it is beyond belief, kicking at the opposition in every imaginable way. You already know some of it.” Woodward lists the many examples that he and Bernstein have been able to unearth: surveillance, following people, press leaks, fake letters, campaign sabotage, investigations of campaign workers’ private lives, theft, campaign provacateurs. Felt nods. “It’s all in the [FBI] files. Justice and the Bureau know about it, even though it wasn’t followed up.” Woodward, despite himself, is stunned. The White House had implemented a systematic plan to subvert the entire electoral process? Had used fifty people to do it? “You can safely say more than fifty,” Felt says, and walks up the ramp and out of the garage. It was 6 a.m. Woodward uses Felt’s information to help create one of the most devastating stories yet published about Watergate (see October 10, 1972). [Bernstein and Woodward, 1974, pp. 130-135; Woodward, 2005, pp. 75-79]
'Organizing Principle' of Watergate - Nixon White House counsel Leonard Garment will write in his 2000 book In Search of Deep Throat (in which he misidentifies the source as obscure Nixon staffer John Sears) that while Woodward’s source did not deliver “much in the way of specific information, he gave Woodward and Bernstein what they needed: an organizing principle.” It is during this time, Garment will write, that the reporters begin to truly understand the entirety of the Watergate conspiracy. [Woodward, 2005, pp. 191-194]

Entity Tags: E. Howard Hunt, Donald Segretti, Charles Colson, Carl Bernstein, Bob Woodward, ’Plumbers’, W. Mark Felt, US Department of Justice, Federal Bureau of Investigation, Richard M. Nixon, John Mitchell, John Ehrlichman, Committee to Re-elect the President, Leonard Garment, Edmund Muskie, John Sears, Thomas F. Eagleton

Timeline Tags: Nixon and Watergate

President Nixon meets in his hideaway office in the Executive Office Building with his chief of staff, H. R. Haldeman. Their conversation is captured on Nixon’s secret taping system (see July 13-16, 1973). Haldeman reports that he has learned from his own secret source that there is a leak in the highest echelons of the FBI, a source apparently funnelling information to Washington Post reporters Bob Woodward and Carl Bernstein: “Mark Felt.” Felt, the deputy director of the bureau, is Woodward’s clandestine background source “Deep Throat” (see May 31, 2005). Haldeman warns Nixon not to say anything because it would reveal Haldeman’s source, apparently some “legal guy” at the Post. Besides, “[I]f we move on [Felt], he’ll go out and unload everything. He knows everything that’s to be known in the FBI.” According to White House counsel John Dean, there are no legal sanctions that can be taken against Felt, because Felt has broken no laws. Dean is worried that if the White House takes any action, Felt will “go out and get himself on network television.” Nixon snarls: “You know what I’ll do with him, the little b_stard. Well, that’s all I want to hear about it.” Haldeman tells Nixon that Felt wants to be director of the FBI. Nixon’s first question: “Is he Catholic?” “No sir, he’s Jewish,” Haldeman replies. “Christ, put a Jew in there?” Nixon asks. “Well, that could explain it too,” Haldeman observes. [Woodward, 2005, pp. 85-86] Acting director L. Patrick Gray will inform Felt of the White House’s suspicions in early 1973, leading Felt to strenuously deny the charge, but Gray will refuse White House demands to fire Felt. [Woodward, 2005, pp. 139]

Entity Tags: L. Patrick Gray, Carl Bernstein, Bob Woodward, Federal Bureau of Investigation, H.R. Haldeman, John Dean, Richard M. Nixon, W. Mark Felt, Nixon administration

Timeline Tags: Nixon and Watergate

H. R. Haldeman.H. R. Haldeman. [Source: Southern Methodist University]Washington Post reporter Bob Woodward runs into difficulty with his FBI source, W. Mark Felt, the infamous “Deep Throat” (see May 31, 2005). Woodward wants information connecting Nixon’s chief of staff, H. R. Haldeman, to the Nixon campaign “slush fund” (see Early 1970), but Felt, apparently afraid of crossing Haldeman (see October 19, 1972), refuses to provide anything specific.
Origin of Error - Woodward and his colleague, Carl Bernstein, attempt to secure confirmation of Haldeman’s role in Watergate through the treasurer of the Nixon campaign’s secret fund (see September 29, 1972), Hugh Sloan. The reporters misinterpret Sloan’s cautious statements as indirect confirmation that Sloan had testified to the FBI of Haldeman’s involvement. Additionally, they misinterpret guarded “confirmations” from two other sources. On October 25, the Post publishes a story about Sloan’s supposed assertions.
'All Hell Broke Lose' - Sloan’s attorney denies that his client ever made such an assertion in his testimony (Sloan will later confirm that Haldeman was indeed in charge of the secret fund, but he never testified to that fact). As Woodward later writes, “All hell broke loose.” Woodward and his partner Carl Bernstein, both clearly upset, offer to resign from the Post, an offer that is refused. The White House celebrates the error, calling into question every story Bernstein and Woodward wrote for the Post; Republican supporters such as Senator Bob Dole (R-KS) join in. Post executive editor Ben Bradlee—who stands by the story—will later say that the erroneous story is his personal low point in the history of the entire Watergate coverage.
Repercussions - Felt is furious with Woodward for the erroneous story. They may have lost Haldeman, Felt says, and worse, have spooked other sources that might otherwise have come forward. “You’ve got people feeling sorry for Haldeman. I didn’t think that was possible.… You put the investigation back months. It puts everyone on the defensive—editors, FBI agents, everybody has to go into a crouch after this.” The reporters write another story admitting the error about Sloan’s testimony, but saying that Haldeman did indeed control the secret campaign fund. Woodward even quotes Felt, identifying him as “one source,” an unprecedented breach of the procedures they have established in using Felt as a “deep background” source. [Bernstein and Woodward, 1974, pp. 173-196; Woodward, 2005, pp. 88-92]

Entity Tags: W. Mark Felt, Washington Post, Hugh Sloan, Federal Bureau of Investigation, Ben Bradlee, H.R. Haldeman, Bob Woodward, Committee to Re-elect the President, Carl Bernstein, Robert J. (“Bob”) Dole

Timeline Tags: Nixon and Watergate

CIA Counterintelligence Director James Angleton.CIA Counterintelligence Director James Angleton. [Source: CI Centre.com]CIA Director James Schlesinger orders an internal review of CIA surveillance operations against US citizens. The review finds dozens of instances of illegal CIA surveillance operations against US citizens dating back to the 1950s, including break-ins, wiretaps, and the surreptitious opening of personal mail. The earlier surveillance operations were not directly targeted at US citizens, but against “suspected foreign intelligence agents operating in the United States.” Schlesinger is disturbed to find that the CIA is currently mounting illegal surveillance operations against antiwar protesters, civil rights organizations, and political “enemies” of the Nixon administration. In the 1960s and early 1970s, CIA agents photographed participants in antiwar rallies and other demonstrations. The CIA also created a network of informants who were tasked to penetrate antiwar and civil rights groups and report back on their findings. At least one antiwar Congressman was placed under surveillance, and other members of Congress were included in the agency’s dossier of “dissident Americans.” As yet, neither Schlesinger nor his successor, current CIA Director William Colby, will be able to learn whether or not Schlesinger’s predecessor, Richard Helms, was asked by Nixon officials to perform such illegal surveillance, though both Schlesinger and Colby disapproved of the operations once they learned of them. Colby will privately inform the heads of the House and Senate Intelligence Committees of the domestic spying engaged in by his agency. The domestic spying program was headed by James Angleton, who is still serving as the CIA’s head of counterintelligence operations, one of the most powerful and secretive bureaus inside the agency. It is Angleton’s job to maintain the CIA’s “sources and methods of intelligence,” including the prevention of foreign “moles” from penetrating the CIA. But to use counterintelligence as a justification for the domestic spying program is wrong, several sources with first-hand knowledge of the program will say in 1974. “Look, that’s how it started,” says one. “They were looking for evidence of foreign involvement in the antiwar movement. But that’s not how it ended up. This just grew and mushroomed internally.” The source continues, speaking hypothetically: “Maybe they began with a check on [Jane] Fonda. They began to check on her friends. They’d see her at an antiwar rally and take photographs. I think this was going on even before the Huston plan” (see July 26-27, 1970 and December 21, 1974). “This wasn’t a series of isolated events. It was highly coordinated. People were targeted, information was collected on them, and it was all put on [computer] tape, just like the agency does with information about KGB agents. Every one of these acts was blatantly illegal.” Schlesinger begins a round of reforms in the CIA, a program continued by Colby. [New York Times, 12/22/1974 pdf file]

Entity Tags: William Colby, Senate Intelligence Committee, Richard Helms, James Angleton, Jane Fonda, Nixon administration, Central Intelligence Agency, James R. Schlesinger, House Intelligence Committee

Timeline Tags: Civil Liberties

W. Mark Felt.W. Mark Felt. [Source: Southern Methodist University]Washington Post reporter Bob Woodward once again meets with his FBI background source, W. Mark Felt—known around the Post offices as “Deep Throat” (see May 31, 2005). Felt says that everyone in the FBI knows, or is convinced, that former Nixon campaign chief John Mitchell and White House aide Charles Colson were the driving forces behind the “Plumbers,” the “special investigative unit” that carried out illegal surveillance and burglaries for the Nixon re-election campaign (see Late June-July 1971). “Colson’s role was active,” Felt says. “Mitchell’s position was more ‘amoral’ and less active—giving the nod but not conceiving the scheme.” While no one at the bureau doubts this, Felt says, there is only “the weakest circumstantial evidence” to prove it. “‘Insulation’ is the key word to understand why the evidence can’t be developed.” He adds, perhaps challengingly, “If the FBI couldn’t prove it, I don’t think the Washington Post can.” Mitchell and Colson sponsored convicted Watergate burglars G. Gordon Liddy and E. Howard Hunt, Felt says. “And if you’ll check, you’ll find that Liddy and Hunt had reputations that are the lowest. The absolute lowest. Hiring these two was immoral. They got exactly what they wanted. Liddy wanted to tap the New York Times and everybody knew it. And not everybody was laughing about it. Mitchell, among others, liked the idea.” (The scheme to wiretap the Times was never carried out.) With the convictions of the burglars (see January 8-11, 1973 and January 30, 1973), the White House’s plan now is to contain the damage and prevent any congressional hearings from finding out anything further. The key to the damage-control plan, Felt says, is the broad claim of presidential “executive privilege” to keep investigators from subpoenaing White House records. Someone from inside the conspiracy is going to have to crack, Felt says, or there will never be more than rumor and circumstantial evidence that will prove nothing. Felt is disgusted with the FBI investigation’s deliberate narrowness (see Mid-January, 1973), saying that it could have gone far deeper and farther afield than it did. “The efforts to separate the Watergate and the espionage-sabotage operations are a lot of bullsh_t,” he says. After heated discussions over Felt’s latest revelations, Woodward and his colleague Carl Bernstein decide there is not enough concrete evidence for a new story. [Bernstein and Woodward, 1974, pp. 243-246]

Entity Tags: Federal Bureau of Investigation, Carl Bernstein, Bob Woodward, Charles Colson, G. Gordon Liddy, E. Howard Hunt, Nixon administration, New York Times, John Mitchell, W. Mark Felt

Timeline Tags: Nixon and Watergate

Washington Post reporter Bob Woodward meets with W. Mark Felt, his secretive “Deep Throat” FBI source (see May 31, 2005), at an out-of-the-way bar in Maryland. During the meeting, Felt warns Woodward that the FBI is up in arms about finding the source, or sources, of news leaks about Watergate. The Nixon campaign lawsuit and subpoenas to Woodward and other reporters (see February 26, 1973) are “only the first step” in an all-out White House campaign against the press in general and the Post in particular. Felt says that Nixon has “told the appropriate people, ‘Go to any length’ to stop them. When he says that, he really means business.” There is about $5 million left in the Nixon campaign fund from the 1972 elections, and Nixon intends to use that money to, as Felt says, “take the Washington Post down a notch.” A full-blown grand jury investigation of the Watergate leaks is being planned, Felt says. Felt describes Nixon as “wild” and “shouting” about the idea. “He thinks the press is out to get him and therefore is disloyal; people who talk to the press are even worse—the enemies within, or something like that.” Felt seems surprisingly unconcerned, and explains that he feels the Nixon administration is, in Woodward’s words, “on the ropes.” “It can’t work. They’ll never get anyone. They never have. They’re hiding things that will come out and even discredit their war against leaks. They can’t stop the real story from coming out. That’s why they’re so desperate.… The flood is coming, I’m telling you.” Felt says that all of this is why L. Patrick Gray pressured the White House into naming him as permanent FBI director (see February 17, 1973), so he could help contain the leaks and ensure that the press never learns the true extent of Watergate. Felt also strongly implies that the Gray nomination is the result of implicit blackmail on Gray’s part—name him FBI director or, as Felt puts it, “all hell could break loose.” Gray and White House counsel John Dean will later deny this. [Bernstein and Woodward, 1974, pp. 268-270; Woodward, 2005, pp. 12-13]

Entity Tags: W. Mark Felt, Bob Woodward, Committee to Re-elect the President, Federal Bureau of Investigation, John Dean, Nixon administration, Washington Post, L. Patrick Gray

Timeline Tags: Nixon and Watergate

An internal FBI memo shows that the bureau suspects one of its own as being a source for Washington Post reporters Bob Woodward and Carl Bernstein for Watergate-related information. The memo reads in part: “As you know, Woodward and Bernstein have written numerous articles about Watergate [in which] they have frequently set forth information which they attribute to Federal investigators, Department of Justice sources and FBI sources.… [T]here is no question but that they have access to sources either in the FBI or the Department of Justice.” The memo says that the FBI’s acting director, L. Patrick Gray, has ordered an analysis of the reporters’ most recent article to determine its source and to locate the FBI leaker. The memo is signed by W. Mark Felt, the FBI’s deputy director and Woodward’s infamous source, nicknamed in the Post newsroom “Deep Throat” (see May 31, 2005). Woodward, who will read the memo for the first time in 1992, will realize as he pores over the document that Felt used the memo to cover his own tracks, not only by initiating the leak inquiry but by casting suspicion, however briefly, on US Attorney Donald Campbell. [Woodward, 2005, pp. 7-11]

Entity Tags: L. Patrick Gray, Bob Woodward, Carl Bernstein, US Department of Justice, Donald Campbell, Washington Post, Federal Bureau of Investigation, W. Mark Felt

Timeline Tags: Nixon and Watergate

After learning that the White House will soon make a dramatic Watergate admission, Washington Post reporter Bob Woodward meets clandestinely with his “Deep Throat” source, FBI deputy director W. Mark Felt (see May 31, 2005). Felt drops a bombshell. “You’d better hang on for this,” he says. “Dean and Haldeman are out—for sure” (see April 30, 1973). John Dean is President Nixon’s White House counsel and one of the key figures in the Watergate conspiracy. H. R. Haldeman is Nixon’s chief of staff and closest confidante. “Out. They’ll resign. There’s no way the president can avoid it.” Woodward and his colleague Carl Bernstein inform Post editor Ben Bradlee of Felt’s revelation (avoiding any identification of Felt). Bradlee is reluctant to print such an explosive story based on one “deep background” source, no matter how reliable. The story does not go to print. [Woodward, 2005, pp. 75-81] Felt’s story is accurate as far as it goes. The day before, Attorney General Richard Kleindienst had informed President Nixon that Dean and former campaign deputy Jeb Magruder testified, and that they named Haldeman, White House aide John Ehrlichman, and former campaign chief John Mitchell as co-conspirators. Dean went even further, demanding complete immunity and threatening to implicate Nixon if he was not given legal protection. Kleindienst says he will have to recuse himself from further involvement in the investigation because of his close relationship with Mitchell (see April 19, 1973), but deputy attorney general Henry Peterson will keep Nixon informed of any and all events that transpire. [Reeves, 2001, pp. 586-587] It is not clear if Felt knew that Mitchell and Ehrlichman had also been implicated; in any event, he does not inform Woodward. [Woodward, 2005, pp. 75-81]

Entity Tags: W. Mark Felt, Richard M. Nixon, Richard Kleindienst, Nixon administration, John Mitchell, H.R. Haldeman, Carl Bernstein, Henry Peterson, Bob Woodward, John Dean, John Ehrlichman, Ben Bradlee, Jeb S. Magruder

Timeline Tags: Nixon and Watergate

The New York Daily News reports that acting FBI director L. Patrick Gray destroyed potentially incriminating evidence taken from the safe of Watergate burglar E. Howard Hunt (see Late December 1972). Gray, who testified to this days before to the Watergate grand jury, said that he received the material from White House counsel John Dean. “I said early in the game,” Gray testifies, “that Watergate would be a spreading stain that would tarnish everyone with whom it came in contact—and I’m no exception.” Shortly afterwards, Washington Post reporter Bob Woodward learns from his “Deep Throat” source, FBI deputy director W. Mark Felt (see May 31, 2005), that the story is true. Felt informs Woodward that Gray was told by Nixon aides Dean and John Ehrlichman that the files were “political dynamite” that could do more damage to the Nixon administration than Watergate (see June 28, 1972). Woodward realizes that the story means Gray’s career at the FBI is finished. Woodward and his colleague Carl Bernstein write their own report for April 30; the same day, Gray resigns from the FBI (see April 5, 1973). Instead of Felt being named FBI director, as he had hoped, Nixon appoints the head of the Environmental Protection Agency, William Ruckelshaus, to head the bureau. Felt is keenly disappointed. [Time, 8/20/1973; O.T. Jacobson, 7/5/1974 pdf file; Woodward, 2005, pp. 96-98] When he learns of Gray’s actions, Post editor Howard Simons muses: “A director of the FBI destroying evidence? I never thought it could happen.” [Bernstein and Woodward, 1974, pp. 306-307] The FBI’s 1974 report on its Watergate investigation dates Gray’s resignation as April 27, not April 29 [O.T. Jacobson, 7/5/1974 pdf file] , a date supported by reports from Time. [Time, 8/20/1973]

Entity Tags: Carl Bernstein, E. Howard Hunt, John Dean, Bob Woodward, John Ehrlichman, Howard Simons, William Ruckelshaus, L. Patrick Gray, Federal Bureau of Investigation, New York Daily News, W. Mark Felt, Richard M. Nixon

Timeline Tags: Nixon and Watergate

US District Court Judge W. M. Byrne, Jr dismisses all charges against “Pentagon Papers” leaker Daniel Ellsberg (see March 1971) and Ellsberg’s co-defendant, Anthony Russo. [New York Times, 5/11/1973] Byrne was shocked to learn that Watergate burglars G. Gordon Liddy and E. Howard Hunt had supervised the burglary of the office of Ellsberg’s psychiatrist (see September 9, 1971). The source of the information was probably White House counsel John Dean. [Bernstein and Woodward, 1974, pp. 307] Initially, government prosecutors had insisted that Ellsberg had never been wiretapped, but FBI director William Ruckelshaus found that Ellsberg had indeed been recorded, during a conversation with former Kissinger aide Morton Halperin, who had been wiretapped (see June 19, 1972). Ruckelshaus tells the court that Halperin had been monitored for 21 months. It is the first public acknowledgement that the Nixon administration had used wiretaps against its political enemies (see June 27, 1973). Additionally, the government had broken the law when it failed to disclose the wiretap to Ellsberg’s defense lawyers. [Bernstein and Woodward, 1974, pp. 313] Byrne cites “improper government conduct shielded so long from public view” and an array of governmental misconduct in dismissing the charges. “The conduct of the government has placed the case in such a posture that it precludes the fair, dispassionate resolution of these issues by a jury,” Byrne rules. Ellsberg and Russo were charged with theft, conspiracy, and fraud in the case. The government’s actions in attempting to prosecute Ellsberg and Russo “offended a sense of justice,” he says. One of the governmental actions that Byrne decries was the wiretapping of Ellsberg’s telephone conversations by the FBI in 1969 and 1970, and the subsequent destruction of the tapes and surveillance logs of those conversations. Byrne is also disturbed by the burglary of the offices of Ellsberg’s psychiatrist by government agents (see June 30-July 1, 1971 and September 9, 1971), and the apparent involvement of the FBI and the CIA in the prosecution of the case at the “request of the White House.” Referring to the burglary, Byrne says, “We may have been given only a glimpse of what this special unit did.” After the trial, Ellsberg is asked if he would disclose the Pentagon documents again, and he replies, “I would do it tomorrow, if I could do it.” [New York Times, 5/11/1973]

Entity Tags: Nixon administration, Central Intelligence Agency, Anthony Russo, Daniel Ellsberg, Morton H. Halperin, W. M. Byrne, Jr, US Department of Defense, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Bob Woodward and Carl Bernstein in the offices of the Washington Post.Bob Woodward and Carl Bernstein in the offices of the Washington Post. [Source: Bettmann / Corbis]Washington Post reporter Bob Woodward writes a memo to his editor, Ben Bradlee, largely based on his meetings with his FBI background source, “Deep Throat” (FBI deputy director W. Mark Felt—see May 31, 2005). The memo is full of material that will soon come out in either Senate testimony or the media, but also contains some information that Woodward cannot sufficiently confirm to allow him to write a news report. One of the most explosive items Woodward writes is the line, “Dean talked with Senator Baker after Watergate committee formed and Baker is in the bag completely, reporting back directly to White House.” If this is true, then according to former White House counsel John Dean, now cooperating with the Senate investigation, then the ranking Republican senator on the committee, Howard Baker (R-TN), is a White House “mole,” providing information directly to the White House about the committee’s deliberations, discussions, and future plans. The memo also reports that President Nixon personally threatened Dean and that another White House aide, Jack Caulfield, threatened Watergate burglar James McCord by saying “your life is no good in this country if you don’t cooperate” with the White House efforts to keep the Watergate conspiracy secret. The list of “covert national and international things” done by the Nixon re-election campaign were begun by campaign chief John Mitchell: “The list is longer than anyone could imagine.” According to Felt, “[t]he covert activities involve the whole US intelligence community and are incredible.” Felt refuses to give Woodward “specifics because it is against the law. The cover-up had little to do with the Watergate, but was mainly to protect the covert operations.” Felt has also told Woodward that Nixon himself is being blackmailed by one of the Watergate burglars, E. Howard Hunt (see June 20-21, 1972), at a total cost of around $1 million; the blackmail scheme involves just about every Watergate-connected figure in the White House. One reason the White House “cut loose” Mitchell was because Mitchell could not raise his portion of the money. Felt also told Woodward that senior CIA officials, including CIA director Richard Helms and deputy director Vernon Walters, are involved to some extent. Dean has explosive information that he is ready to reveal, but “plumber” G. Gordon Liddy is willing to go to jail or even die before revealing anything. Finally, rumors are running through the White House and the law enforcement and intelligence communities that Nixon is having “fits of ‘dangerous’ depression.” Some of this information will later be confirmed and reported, some of it will remain unconfirmed. [Bernstein and Woodward, 1974, pp. 317-321; Spartacus Schoolnet, 8/2007] Felt also warns Woodward that he, fellow Post reporter Carl Bernstein, and others at the newspaper may be under CIA surveillance and may even be in personal danger. The reporters confirm much of what Felt provided in a discussion with a Dean associate the next day. But both reporters and the Post editors worry that the new information might be part of an elaborate White House scheme to set up the reporters with false, discreditable information. In the following months, information elicted in the Senate committee hearings verifies everything Felt told Woodward, except the warning about being possibly wiretapped by the CIA. That is never verified. [Bernstein and Woodward, 1974, pp. 317-321]

Entity Tags: G. Gordon Liddy, Federal Bureau of Investigation, Central Intelligence Agency, Carl Bernstein, Bob Woodward, Ben Bradlee, Washington Post, W. Mark Felt, John Mitchell, Senate Watergate Investigative Committee, John J. ‘Jack’ Caulfield, John Dean, Howard Baker, E. Howard Hunt, Vernon A. Walters, Richard Helms, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Former CIA director Richard Helms.Former CIA director Richard Helms. [Source: Search.com]Former CIA director Richard Helms indirectly confirms the involvement of the Nixon administration in his agency’s illegal domestic surveillance operations during his testimony before the Senate Watergate investigative committee. Helms tells the committee that he was told by Nixon’s Foreign Intelligence Advisory Board that the CIA could “make a contribution” in domestic intelligence operations. “I pointed out to them very quickly that it could not, there was no way,” Helms testifies. “But this was a matter that kept coming up in the context of feelers: Isn’t there somebody else who can take on these things if the FBI isn’t doing them as well as they should, as there are no other facilities?” (FBI director J. Edgar Hoover’s opposition to the idea of spying on US citizens for Nixon’s political purposes is well documented.) CIA officials say that, despite Helms’s testimony, Helms began the domestic spying program as asked, in the beginning to investigate beliefs that the antiwar movement was permeated by foreign intelligence agents in 1969 and 1970. “It started as a foreign intelligence operation and it bureaucratically grew,” one source says in 1974. “That’s really the answer.” The CIA “simply began using the same techniques for foreigners against new targets here.” The source will say James Angleton, the CIA’s director of counterintelligence (see 1973), began recruiting double agents inside the antiwar and civil rights organizations, and sending in “ringers” to penetrate the groups and report back to the CIA. “It was like a little FBI operation.” Angleton reportedly believes that both the protest groups and the US media are riddled with Soviet intelligence agents, and acts accordingly to keep those groups and organizations under constant watch. One source will say Angleton has a “spook mentality.” Another source will say that Angleton’s counterintelligence bureau is “an independent power in the CIA. Even people in the agency aren’t allowed to deal directly with the CI [counterintelligence] people. Once you’re in it, you’re in it for life.” [New York Times, 12/22/1974 pdf file]

Entity Tags: Senate Watergate Investigative Committee, Richard Helms, J. Edgar Hoover, James Angleton, Issuetsdeah

Timeline Tags: Civil Liberties, Nixon and Watergate

August 16, 1972 front page of the Washington Post, reporting on Nixon’s address.August 16, 1972 front page of the Washington Post, reporting on Nixon’s address. [Source: Southern Methodist University]President Nixon delivers his second prime-time televised speech about Watergate to the nation. He says that both the Senate investigations have focused more on trying to “implicate the president personally in the illegal activities that took place,” and reminds listeners that he has already taken “full responsibility” for the “abuses [that] occurred during my administration” (see April 30, 1973). But in light of the increasing evidence being revealed about the Watergate conspiracy, Nixon’s speech is later proven to be a compilation of lies, half-truths, justifications, and evasions.
'No Prior Knowledge' - He again insists that “I had no prior knowledge of the Watergate break-in; I neither took part in nor knew about any of the subsequent cover-up activities; I neither authorized nor encouraged subordinates to engage in illegal or improper campaign tactics. That was and that is the simple truth.” He says that in all the Senate testimony, “there is not the slightest suggestion that I had any knowledge of the planning for the Watergate break-in.” He says only one witness has challenged his statement under oath, referring to former White House counsel John Dean (see April 6-20, 1973) and June 25-29, 1973), and says Dean’s “testimony has been contradicted by every other witness in a position to know the facts.” Instead, says Nixon, he insisted from the outset that the investigation into the Watergate burglary be “thorough and aboveboard,” and if there were any evidence of “higher involvement, we should get the facts out first.” A cover-up would be unconscionable, he says. He again insists that he was told in September 1972 that an FBI investigation, “the most extensive investigation since the assassination of President Kennedy… had established that only those seven (see June 17, 1972) were involved.” Throughout, Nixon says, he relied on the reports of his staff members, Justice Department, and FBI officials, who consistently reassured him that there was no involvement by anyone in the White House in the burglaries. “Because I trusted the agencies conducting the investigations, because I believed the reports I was getting, I did not believe the newspaper accounts that suggested a cover-up. I was convinced there was no cover-up, because I was convinced that no one had anything to cover up.”
Internal Investigation - He didn’t realize that those assurances were wrong until March 21, when he “received new information from [Dean] that led me to conclude that the reports I had been getting for over nine months were not true.” He immediately launched an internal investigation (see August 29, 1972), initially relying on Dean to conduct the investigation, then turning the task over to his senior aide, John Ehrlichman, and to the Attorney General, Richard Kleindienst. The results prompted him to give the case to the Criminal Division of the Justice Department, ordering the complete cooperation of “all members of the administration.” He never tried to hide the facts, Nixon asserts, but instead has consistently tried “to discover the facts—and to lay those facts before the appropriate law enforcement authorities so that justice could be done and the guilty dealt with.”
Refusal to Turn over Tapes; 'Privileged' Communications - Nixon says he is resisting subpoenas to turn over the secret recordings he has had made of White House and other conversations (see July 13-16, 1973) because of “a much more important principle… than what the tapes might prove about Watergate.” A president must be able to talk “openly and candidly with his advisers about issues and individuals” without having those conversations ever made public. These are “privileged” conversations, he says, similar to those between a lawyer and his client or “a priest and a penitent.” The conversations between a president and his advisers, Nixon says, are “even more important.” The conversations on those tapes are “blunt and candid,” made without thought to any future public disclosure, and for future presidents and their advisers to know that their conversations and advice might one day be made public would cripple their ability to talk freely and offer unfettered opinions. “That is why I shall continue to oppose efforts which would set a precedent that would cripple all future presidents by inhibiting conversations between them and those they look to for advice,” he says. “This principle of confidentiality of presidential conversations is at stake in the question of these tapes. I must and I shall oppose any efforts to destroy this principle.”
'Hard and Tough' Politics - Watergate has come to encompass more than just a burglary, Nixon says, but has brought up issues of partisan politics, “enemy lists” (see June 27, 1973), and even threats to national security. Nixon has always run “hard and tough” political campaigns, but has never stepped outside the law and “the limits of decency” in doing so. “To the extent that these things were done in the 1972 campaign, they were serious abuses, and I deplore them,” he says. The “few overzealous people” involved in the Watergate burglary should not reflect on his administration or the political process as a whole. He will “ensure that one of the results of Watergate is a new level of political decency and integrity in America—in which what has been wrong in our politics no longer corrupts or demeans what is right in our politics.”
Legal Wiretapping to Protect the Nation - The measures he has taken to protect the security of the nation have all been within the law and with the intention of protecting the government from possible subversion and even overthrow, he asserts. The wiretaps he authorized had been legal, he says, until the 1972 decision by the Supreme Court that rejected such wiretaps as unlawful (see June 19, 1972). Until then, Nixon says, he—like his predecessors—had implemented such wiretaps “to protect the national security in the public interest.” Since the Supreme Court decision, he says, he has stopped all such surveillance efforts. But the law must be mindful of “tying the president’s hands in a way that would risk sacrificing our security, and with it all our liberties.” He will continue to “protect the security of this nation… by constitutional means, in ways that will not threaten [American] freedom.”
The Fault of the Radicals - He blames the antiwar and civil rights movements of the 1960s as encouraging “individuals and groups… to take the law into their own hands,” often with the praise and support from the media and even from “some of our pulpits as evidence of a new idealism. Those of us who insisted on the old restraints, who warned of the overriding importance of operating within the law and by the rules, were accused of being reactionaries.” In the wake of this radical, anti-government atmosphere, the country was plagued by “a rising spiral of violence and fear, of riots and arson and bombings, all in the name of peace and in the name of justice. Political discussion turned into savage debate. Free speech was brutally suppressed as hecklers shouted down or even physically assaulted those with whom they disagreed. Serious people raised serious questions about whether we could survive as a free democracy.” That attitude permeated political campaigns, to the extent that “some persons in 1972 adopted the morality that they themselves had tightly condemned and committed acts that have no place in our political system… who mistakenly thought their cause justified their violations of the law.”
Looking Forward - It is time to put Watergate behind us, Nixon says, to abandon this “continued, backward-looking obsession with Watergate” and stop “neglect[ing] matters of far greater importance to all of the American people.… The time has come to turn Watergate over to the courts, where the questions of guilt or innocence belong. The time has come for the rest of us to get on with the urgent business of our nation.” [White House, 8/15/1973; White House, 8/15/1973; White House, 8/15/1973; AMDOCS Documents for the Study of American History, 6/1993; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: US Department of Justice, US Supreme Court, John Dean, Richard Kleindienst, Richard M. Nixon, Federal Bureau of Investigation, John Ehrlichman, Senate Watergate Investigative Committee

Timeline Tags: Nixon and Watergate

Rose Mary Woods.Rose Mary Woods. [Source: Genevieve Naylor / Corbis]A gap of 18 and ½ minutes is found on the tape of a conversation between President Nixon and his aide, H. R. Haldeman, from June 20, 1972 (see July 13-16, 1973). Nixon lawyer Fred Buzhardt says he has no explanation for “the phenomenon.” Nixon’s secretary, Rose Mary Woods, denies any deliberate erasure. But electronics experts will eventually find that the tape has been deliberately erased at least five separate times. White House chief of staff Alexander Haig will blame “some sinister force” for the erasure.
Watergate Discussed - Former Watergate special prosecutor Archibald Cox’s subpoena of the tape (see July 23-26, 1973) says that “there is every reason to infer that the meeting included discussion of the Watergate incident.” That supposition is bolstered by previous testimony from former White House aide John Ehrlichman (see July 24, 1973). Watergate prosecutor Leon Jaworski says he is considering having all the remaining Watergate tapes placed under guard to prevent any further tampering. [Washington Post, 11/22/1973; Gerald R. Ford Library and Museum, 7/3/2007]
Three Suspects - Evidence later shows that only three people could have made the erasure: Woods; Stephen Bull, Nixon’s assistant; and Nixon himself. [Reston, 2007, pp. 33]
Washington Post Learns of Gap - Washington Post reporter Bob Woodward learned of “deliberate erasures” in the first week of November from his FBI source, W. Mark Felt (see May 31, 2005). White House sources confirmed that the tapes were often of poor quality, and that some inadvertent gaps existed, but, as press secretary Ron Ziegler tells Woodward’s colleague Carl Bernstein, to say that those gaps were deliberate would be “inaccurate.” When the deliberate gap is reported, Ziegler calls Bernstein to say that he did not know about the gap beforehand. Neither Bernstein nor Woodward doubt Ziegler—by this time, it is obvious that Nixon’s paranoia and penchant for secrecy extends even to the most trusted members of his staff. [Bernstein and Woodward, 1974, pp. 333-334]
Symbolic - In 2005, Woodward will write: “The missing 18 1/2-minute gap soon becomes a symbol for Nixon’s entire Watergate problem. The truth had been deleted. The truth was missing.” [Woodward, 2005, pp. 103]

Entity Tags: Rose Mary Woods, Stephen Bull, Richard M. Nixon, W. Mark Felt, Leon Jaworski, Ron Ziegler, H.R. Haldeman, Archibald Cox, Alexander M. Haig, Jr., John Ehrlichman, Carl Bernstein, Fred Buzhardt, Bob Woodward

Timeline Tags: Nixon and Watergate

The Justice Department’s Office of Planning and Evaluation (OPE) submits a report on the role and actions of the FBI in the Watergate investigations. The report finds that, even with the attempts of former Attorneys General John Mitchell and Richard Kleindienst, White House aides John Dean and Jeb Magruder, and others to “mislead and thwart the Bureau’s legitimate line of inquiry,” and the “contrived covers” used to direct attention away from the White House, the FBI investigation was “the ultimate key to the solution of not only the Watergate break-in (see 2:30 a.m.June 17, 1972) but the cover itself.” The report continues: “There can be no question that the actions of former Attorneys General Mitchell and Kleindienst served to thwart and/or impede the Bureau’s investigative effort. The actions of John W. Dean at the White House and Jeb S. Magruder at the Committee to Re-elect the President were purposefully designed to mislead and thwart the Bureau’s legitimate line of inquiry. At every stage of the investigation there were contrived covers placed in order to mislead the investigators.” The OPE notes the following problems in the investigation, and provides explanations of some:
bullet Providing information concerning ongoing investigations to the White House, and allowing Dean to actually sit in on interviews of White House personnel (see June 22, 1972).
bullet Failing to interview key members of CREEP, the Nixon re-election campaign organization, as well as allowing CREEP attorneys to sit in on interviews of CREEP employees and allowing those attorneys access to FBI investigative materials. The report says that the investigation initially focused on James McCord and E. Howard Hunt, and interviewed CREEP officials tied directly to them. The net was widened later on. However, the report acknowledges that many CREEP employees undoubtedly lied to FBI investigators, “most notably John Mitchell, Jeb Magruder, Bart Porter, Sally Harmony, and Maurice Stans.” Porter and Magruder in particular “lied most convincingly.” Another CREEP employee, Robert Reisner (Magruder’s assistant), was not interviewed because Reisner successfully hid from FBI investigators. The FBI believes it was Reisner who cleaned out the “Operation Gemstone” files from Magruder’s office (see January 29, 1972 and September 29, 1972). Numerous other financial and other files were also destroyed after being requested by the FBI, most notably Alfred Baldwin’s surveillance tapes and logs from the Democratic offices in the Watergate (see May 29, 1972). Many of these files were destroyed by G. Gordon Liddy. “It is apparent that most [CREEP] people in the summer of 1972 were quite willing to lie and/or tell us considerably less than the full truth,” the report notes.
bullet An untenable delay in searching and securing Watergate burglar E. Howard Hunt’s desk in the White House, putting the contents of that desk at risk of being removed, and the “[a]lleged activities by former Acting Director [L. Patrick] Gray to limit, contain, or obstruct FBI investigation of Watergate” (see June 22, 1972). Gray is known to have destroyed materials from Hunt’s desk given to him by Dean, and is known to have extensively interfered with the FBI’s investigation (see June 28-29, 1972 and Late December 1972). The report notes that while it cannot find specific evidence that Gray broke any laws in his attempts to impede the FBI’s investigation into the Watergate conspiracy, it is clear that Gray cooperated with the White House, specifically through Dean, to ensure that the White House was always aware of what avenues of investigation were being pursued. The OPE says that Gray’s destruction of files from Hunt’s safe did not necessarily impede the FBI’s investigation, because it has no way of knowing what was in those files. The report says that it is unfortunate that “many people make no distinction between the FBI’s actions and Mr. Gray’s actions.”
bullet Failure to interview key individuals with knowledge of the suspicious monies found in the burglars’ bank accounts.
bullet Failing to secure and execute search warrants for the burglars’ homes, automobiles, and offices. The OPE says that many of those issuing this criticism “should know better,” and claims that the FBI agents involved did their level best to obtain search warrants within the bounds of the law. The report notes that after the burglary, the assistant district attorney prosecuting the case, Earl Silbert, did not believe there was probable cause to search burglar James McCord’s home or office until after July 10, 1972, when Baldwin told the FBI that he had taken surveillance equipment to McCord’s home (see June 17, 1972). Even then, Silbert decided that because of the amount of time—23 days—that had expired, a search warrant would have been pointless.
bullet Failing to identify and interview a number of people listed in the burglars’ address books. The OPE report notes that the decision to interview far less than half of the names in the books was made by FBI agents in the Miami field office, and due to the “fast moving extensive investigation which was then being conducted,” the decision to only track down a selected few from the books was right and proper. The report notes that subsequent interviews by reporters of some of the people in the address books elicited no new information. The report also notes that Gray refused to countenance interviews of the remaining subjects in the address book while the trial of the seven burglars (see January 8-11, 1973) was underway.
bullet Failing to find and remove a surveillance device from the Democratic National Committee headquarters (see September 13, 1972). The OPE calls this failure “inexplicable.”
bullet Failure to thoroughly investigate CREEP agent Donald Segretti (see June 27, 1971, and Beyond) and other CREEP operatives. The OPE finds that because Segretti was initially uncooperative with FBI investigators, and because an “extensive investigation” turned up nothing to connect Segretti with the Watergate conspiracy, the agents chose not to continue looking into Segretti’s actions. Only after press reports named Segretti as part of a massive, White House-directed attempt to subvert the elections process (see October 7, 1972) did the FBI discuss reopening its investigation into Segretti. After reviewing its information, the FBI decided again not to bother with Segretti. The OPE finds that the decision was valid, because Segretti had not apparently broken any federal laws, and the FBI does not conduct violations of election laws unless specifically requested to do so by the Justice Department. The report also says that politics were a concern: by opening a large, extensive investigation into the Nixon campaign’s “dirty tricks,” that investigation might have impacted the upcoming presidential elections.
bullet Media leaks from within the FBI concerning key details about the investigation (see May 31, 2005). The report finds no evidence to pin the blame for the leaks on any particular individual. The report notes that New York Times reporter John Crewdson seemed to have unwarranted access to FBI documents and files, but says it has turned that matter over to another agency inside the bureau.
bullet Failing to interview, or adequately interview, key White House officials such as H. R. Haldeman, Charles Colson, Dwight Chapin, and others. The report justifies the decision not to interview Haldeman because the FBI had no information that Haldeman had any knowledge of, or involvement in, the burglary itself.
bullet “Alleged attempt on part of Department of Justice officials to limit, contain, or obstruct FBI investigation.” The report is particularly critical of Kleindienst’s concealment of his contact with Liddy about the burglary (see June 17, 1972).
bullet “Alleged attempt by CIA officials to interfere, contain, or impede FBI Watergate investigation.” The report notes that during the Senate Watergate Committee hearings, Republican co-chairman Howard Baker (R-TN) tried repeatedly to assert that the CIA was behind the burglary. The report calls Baker’s theory “intriguing” but says no evidence of CIA involvement on any operational level was ever found. The report notes that there is still no explanation for the discussions regarding the CIA paying the burglars (see June 26-29, 1972), or the CIA’s involvement with Hunt before the burglary—loaning him cameras, providing him with materials for a disguise, and helping Hunt get film from the first burglary developed. According to the report, Gray stopped the FBI from pursuing these leads. The FBI report says that the CIA involvement apparently had nothing to do with the Watergate burglary, but was more in support of Hunt’s activities with the Ellsberg break-in (see September 9, 1971).
bullet “Alleged activities on part of White House officials to limit, contain, or obstruct FBI Watergate investigation (Dean, Haldeman, Ehrlichman, Colson, et cetera).” The report notes, “There is absolutely no question but that the president’s most senior associates at the White House conspired with great success for nine months to obstruct our investigation.” The report says it was “common knowledge” throughout the investigation that the White House was paying only “lip service” to investigators’ requests for honest, complete answers; the report cites Dean as a specific offender. [O.T. Jacobson, 7/5/1974 pdf file]

1974 New York Times headline.1974 New York Times headline. [Source: New York Times]The Central Intelligence Agency (CIA) has repeatedly, and illegally, spied on US citizens for years, reveals investigative journalist Seymour Hersh in a landmark report for the New York Times. Such operations are direct violations of the CIA’s charter and the law, both of which prohibit the CIA from operating inside the United States. Apparently operating under orders from Nixon officials, the CIA has conducted electronic and personal surveillance on over 10,000 US citizens, as part of an operation reporting directly to then-CIA Director Richard Helms. In an internal review in 1973, Helms’s successor, James Schlesinger, also found dozens of instances of illegal CIA surveillance operations against US citizens both past and present (see 1973). Many Washington insiders wonder if the revelation of the CIA surveillance operations tie in to the June 17, 1972 break-in of Democratic headquarters at Washington’s Watergate Hotel by five burglars with CIA ties. Those speculations were given credence by Helms’s protests during the Congressional Watergate hearings that the CIA had been “duped” into taking part in the Watergate break-in by White House officials.
Program Beginnings In Dispute - One official believes that the program, a successor to the routine domestic spying operations during the 1950s and 1960s, was sparked by what he calls “Nixon’s antiwar hysteria.” Helms himself indirectly confirmed the involvement of the Nixon White House, during his August 1973 testimony before the Senate Watergate investigative committee (see August 1973).
Special Operations Carried Out Surveillance - The domestic spying was carried out, sources say, by one of the most secretive units in CI, the special operations branch, whose employees carry out wiretaps, break-ins, and burglaries as authorized by their superiors. “That’s really the deep-snow section,” says one high-level intelligence expert. The liaison between the special operations unit and Helms was Richard Ober, a longtime CI official. “Ober had unique and very confidential access to Helms,” says a former CIA official. “I always assumed he was mucking about with Americans who were abroad and then would come back, people like the Black Panthers.” After the program was revealed in 1973 by Schlesinger, Ober was abruptly transferred to the National Security Council. He wasn’t fired because, says one source, he was “too embarrassing, too hot.” Angleton denies any wrongdoing.
Supposition That Civil Rights Movement 'Riddled' With Foreign Spies - Moscow, who relayed information about violent underground protesters during the height of the antiwar movement, says that black militants in the US were trained by North Koreans, and says that both Yasser Arafat, of the Palestinian Liberation Organization, and the KGB were involved to some extent in the antiwar movement, a characterization disputed by former FBI officials as based on worthless intelligence from overseas. For Angleton to make such rash accusations is, according to one member of Congress, “even a better story than the domestic spying.” A former CIA official involved in the 1969-70 studies by the agency on foreign involvement in the antiwar movement says that Angleton believes foreign agents are indeed involved in antiwar and civil rights organizations, “but he doesn’t know what he’s talking about.”
'Cesspool' of Illegality Distressed Schlesinger - According to one of Schlesinger’s former CIA associates, Schlesinger was distressed at the operations. “He found himself in a cesspool,” says the associate. “He was having a grenade blowing up in his face every time he turned around.” Schlesinger, who stayed at the helm of the CIA for only six months before becoming secretary of defense, informed the Department of Justice (DOJ) about the Watergate break-in, as well as another operation by the so-called “plumbers,” their burglary of Daniel Ellsberg’s psychiatrist’s office after Ellsberg released the “Pentagon Papers” to the press. Schlesinger began a round of reforms of the CIA, reforms that have been continued to a lesser degree by Colby. (Some reports suggest that CIA officials shredded potentially incriminating documents after Schlesinger began his reform efforts, but this is not known for sure.) Intelligence officials confirm that the spying did take place, but, as one official says, “Anything that we did was in the context of foreign counterintelligence and it was focused at foreign intelligence and foreign intelligence problems.”
'Huston Plan' - But the official also confirms that part of the illegal surveillance was carried out as part of the so-called “Huston plan,” an operation named for former White House aide Tom Charles Huston (see July 26-27, 1970) that used electronic and physical surveillance, along with break-ins and burglaries, to counter antiwar and civil rights protests, “fomented,” as Nixon believed, by so-called black extremists. Nixon and other White House officials have long denied that the Huston plan was ever implemented. “[O]bviously,” says one government intelligence official, the CIA’s decision to create and maintain dossiers on US citizens “got a push at that time.…The problem was that it was handled in a very spooky way. If you’re an agent in Paris and you’re asked to find out whether Jane Fonda is being manipulated by foreign intelligence services, you’ve got to ask yourself who is the real target. Is it the foreign intelligence services or Jane Fonda?” Huston himself denies that the program was ever intended to operate within the United States, and implies that the CIA was operating independently of the White House. Government officials try to justify the surveillance program by citing the “gray areas” in the law that allows US intelligence agencies to encroach on what, by law, is the FBI’s bailiwick—domestic surveillance of criminal activities—when a US citizen may have been approached by foreign intelligence agents. And at least one senior CIA official says that the CIA has the right to engage in such activities because of the need to protect intelligence sources and keep secrets from being revealed.
Surveillance Program Blatant Violation of Law - But many experts on national security law say the CIA program is a violation of the 1947 law prohibiting domestic surveillance by the CIA and other intelligence agencies. Vanderbilt University professor Henry Howe Ransom, a leading expert on the CIA, says the 1947 statute is a “clear prohibition against any internal security functions under any circumstances.” Ransom says that when Congress enacted the law, it intended to avoid any possibility of police-state tactics by US intelligence agencies; Ransom quotes one Congressman as saying, “We don’t want a Gestapo.” Interestingly, during his 1973 confirmation hearings, CIA Director Colby said he believed the same thing, that the CIA has no business conducting domestic surveillance for any purpose at any time: “I really see less of a gray area [than Helms] in that regard. I believe that there is really no authority under that act that can be used.” Even high-level government officials were not aware of the CIA’s domestic spying program until very recently. “Counterintelligence!” exclaimed one Justice Department official upon learning some details of the program. “They’re not supposed to have any counterintelligence in this country. Oh my God. Oh my God.” A former FBI counterterrorism official says he was angry upon learning of the program. “[The FBI] had an agreement with them that they weren’t to do anything unless they checked with us. They double-crossed me all along.” Many feel that the program stems, in some regards, from the long-standing mistrust between the CIA and the FBI. How many unsolved burglaries and other crimes can be laid at the feet of the CIA and its domestic spying operation is unclear. In 1974, Rolling Stone magazine listed a number of unsolved burglaries that its editors felt might be connected with the CIA. And Senator Howard Baker (R-TN), the vice chairman of the Senate Watergate investigative committee, has alluded to mysterious links between the CIA and the Nixon White House. On June 23, 1972, Nixon told his aide, H.R. Haldeman, “Well, we protected Helms from a hell of a lot of things.” [New York Times, 12/22/1974 pdf file]

Entity Tags: US Department of Justice, William Colby, Seymour Hersh, Rolling Stone, Richard Ober, Tom Charles Huston, Richard M. Nixon, Daniel Ellsberg, Federal Bureau of Investigation, Richard Helms, Central Intelligence Agency, Black Panthers, Howard Baker, James Angleton, New York Times, H.R. Haldeman, KGB, James R. Schlesinger, Jane Fonda, Henry Howe Ransom

Timeline Tags: Civil Liberties, Nixon and Watergate

H. R. Haldeman testifying to Congress in July 1973. Haldeman’s testimony was damaging to all four defendants.H. R. Haldeman testifying to Congress in July 1973. Haldeman’s testimony was damaging to all four defendants. [Source: Bettmann / Corbis]Former Nixon aides John Ehrlichman, H. R. Haldeman, and John Mitchell, along with former Mitchell aide Robert Mardian, are convicted of various Watergate-related crimes, including conspiracy, obstruction of justice, fraud, and perjury. Haldeman, Ehrlichman, and Mitchell receive sentences of two to eight years in prison; Mardian will be given a sentence of ten months to three years. They immediately appeal their convictions on the grounds that they could not receive a fair trial because of the massive publicity surrounding Watergate. This was the same argument President Nixon’s lawyers used to influence President Ford’s decision to pardon Nixon (see September 8, 1974). The appeals court will reject the contention. [New York Times, 2/16/1999; Werth, 2006, pp. 334]
Ehrlichman Asks for Leniency - All four will write letters to Judge John Sirica asking for leniency in sentencing. The only letter that is made public is Ehrlichman’s; he writes of his “profound regret” for his role in the Watergate conspiracy, and adds: “I have been found to be a perjurer. No reversal on appeal can remove the stigma.” Ehrlichman asks that he be allowed to spend his sentence working with the Pueblo Indians of New Mexico, using his legal talents to help them with land-use problems. Sirica will ignore the letter in his sentencing. Sirica will also ignore Haldeman’s argument that he only did the bidding of his boss, President Nixon, and that since Nixon never served jail time, neither should Haldeman. Mitchell, mired in divorce proceedings from his wife, says of the sentence: “It could have been a hell of a lot worse. They could have sentenced me to spend the rest of my life with Martha Mitchell.” [Time, 3/3/1975]
'Abdicated My Moral Judgments' - Reflecting on his conviction and his conduct during the Nixon years, Ehrlichman will say in 1977: “I abdicated my moral judgments and turned them over to somebody else. And if I had any advice for my kids, it would be never—to never, ever—defer your moral judgments to anybody: your parents, your wife, anybody.” [New York Times, 2/16/1999]

Entity Tags: Robert Mardian, John Sirica, John Mitchell, Gerald Rudolph Ford, Jr, H.R. Haldeman, John Ehrlichman, Martha Mitchell, Richard M. Nixon

Timeline Tags: Nixon and Watergate

FBI official R. E. Lewis writes an internal memo suggesting that the FBI disclose “some information from the Watergate investigation aimed at restoring to the FBI any prestige lost during that investigation. He argues, “Such information could also serve to dispel the false impression left by the book All the President’s Men (see June 15, 1974) that its authors, Carl Bernstein and Bob Woodward, not the FBI, solved the Watergate case.”
FBI Ahead of Reporters - “[A] comparison of the chronology of our investigation with the events cited in All the President’s Men will show we were substantially and constantly ahead of these Washington Post investigative reporters,” Lewis writes. “In essence, they were interviewing the same people we had interviewed but subsequent to our interviews and often after the interviewer had testified before the grand jury. The difference, which contributes greatly to the false image, is that the Washington Post blatantly published whatever they learned (or thought they learned) while we reported our findings to the US attorney and the Department [of Justice] solely for prosecutorial consideration.”
Decision Not to Go Public - The FBI will decide not to make any of its information public, citing ongoing prosecutions. In 2005, Woodward will counter: “What Long didn’t say—and what Felt [FBI deputy director Mark Felt, Woodward’s “Deep Throat”—see May 31, 2005] understood—was that the information wasn’t going anywhere until it was public. The US attorney and the Justice Department failed the FBI, as they folded too often to White House and other political pressure to contain the investigation and prosecution to the Watergate bugging (see 2:30 a.m.June 17, 1972). There was also a failure of imagination on the part of lots of experienced prosecutors, including US Attorney Earl Silbert, who could not initially bring himself to believe that the corruption ran to the top of the Justice Department and the White House. Only when an independent special prosecutor was appointed (see May 18, 1973) did the investigation eventually go to the broader sabotage and espionage matters. In other words, during 1972, the cover-up was working exceptionally well.” [Woodward, 2005, pp. 120-121]

Entity Tags: W. Mark Felt, R. E. Lewis, Earl Silbert, Federal Bureau of Investigation, Bob Woodward, Carl Bernstein, US Department of Justice

Timeline Tags: Nixon and Watergate

Bella Abzug.Bella Abzug. [Source: Spartacus Educational]Staffers from the Church Committee (see April, 1976), slated with investigating illegal surveillance operations conducted by the US intelligence community, approach the NSA for information about Operation Shamrock (see 1945-1975). The NSA ostensibly closes Shamrock down the very same day the committee staffers ask about the program. Though the Church Committee focuses on a relatively narrow review of international cables, the Pike Committee in the House (see January 29, 1976) is much more far-ranging. The Pike Committee tries and fails to subpoena AT&T, which along with Western Union collaborated with the government in allowing the NSA to monitor international communications to and from the US. The government protects AT&T by declaring it “an agent of the United States acting under contract with the Executive Branch.” A corollary House subcommittee investigation led by Bella Abzug (D-NY)—who believes that Operation Shamrock continues under a different name—leads to further pressure on Congress to pass a legislative remedy. The Ford administration’s counterattack is given considerable assistance by a young lawyer at the Justice Department named Antonin Scalia. The head of the Office of Legal Counsel, Scalia’s arguments in favor of continued warrantless surveillance and the unrestricted rights and powers of the executive branch—opposed by, among others, Scalia’s boss, Attorney General Edward Levi—do not win out this time; Ford’s successor, Jimmy Carter, ultimately signs into law the Foreign Intelligence Surveillance Act (see 1978). But Scalia’s incisive arguments win the attention of powerful Ford officials, particularly Chief of Staff Donald Rumsfeld and Rumsfeld’s assistant, Dick Cheney. [Dubose and Bernstein, 2006, pp. 36-37] Scalia will become a Supreme Court Justice in 1986 (see September 26, 1986).

Entity Tags: Foreign Intelligence Surveillance Act, Church Committee, Bella Abzug, Antonin Scalia, AT&T, Donald Rumsfeld, Ford administration, National Security Agency, Western Union, James Earl “Jimmy” Carter, Jr., Edward Levi, Office of Legal Counsel (DOJ), Pike Committee, Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Civil Liberties

Investigative journalist Seymour Hersh publishes an explosive story in the New York Times, revealing that US submarines are tapping into Soviet communications cables inside the USSR’s three-mile territorial limit. Hersh notes that his inside sources gave him the information in hopes that it would modify administration policy: they believe that using submarines in this manner violates the spirit of detente and is more risky than using satellites to garner similar information. The reaction inside both the Pentagon and the White House is predictably agitated. Chief of Staff Donald Rumsfeld, traveling in Europe with President Ford, delegates his deputy Dick Cheney to formulate the administration’s response. Cheney goes farther than most administration officials would have predicted. He calls a meeting with Attorney General Edward Levi and White House counsel Philip Buchan to discuss options. Cheney’s first thought is to either engineer a burglary of Hersh’s home to find classified documents, or to obtain search warrants and have Hersh’s home legally ransacked. He also considers having a grand jury indict Hersh and the Times over their publication of classified information. “Will we get hit with violating the 1st amendment to the constitution[?]” Cheney writes in his notes of the discussion. Levi manages to rein in Cheney; since the leak and the story do not endanger the spying operations, the White House ultimately decides to let the matter drop rather than draw further attention to it. Interestingly, Cheney has other strings to his bow; he writes in his notes: “Can we take advantage of [the leak] to bolster our position on the Church committee investigation (see April, 1976)? To point out the need for limits on the scope of the investigation?” [Dubose and Bernstein, 2006, pp. 34-35]

Entity Tags: Seymour Hersh, US Department of Defense, Ford administration, Edward Levi, Donald Rumsfeld, Church Committee, Richard (“Dick”) Cheney, Philip Buchan, New York Times, Gerald Rudolph Ford, Jr

Timeline Tags: Civil Liberties

Senator Frank Church.Senator Frank Church. [Source: Wally McNamee / Corbis]A Senate committee tasked to investigate the activities of US intelligence organizations finds a plethora of abuses and criminal behaviors, and recommends strict legal restraints and firm Congressional oversight. The “Church Committee,” chaired by Senator Frank Church (D-ID), a former Army intelligence officer with a strong understanding of the necessity for intelligence-gathering, notes in its final report that the CIA in particular had been overly cooperative with the Nixon administration in spying on US citizens for political purposes (see December 21, 1974); US intelligence agencies had also gone beyond the law in assassination attempts on foreign government officials in, among other places, Africa, Latin America, and Vietnam. Church himself accused the CIA of providing the White House with what, in essence, is a “private army,” outside of Congressional oversight and control, and called the CIA a “rogue elephant rampaging out of control.” The committee will reveal the existence of hitherto-unsuspected operations such as HT Lingual, which had CIA agents secretly opening and reading US citizens’ international mail, and other operations which included secret, unauthorized wiretaps, dossier compilations, and even medical experiments. For himself, Church, the former intelligence officer, concluded that the CIA should conduct covert operations only “in a national emergency or in cases where intervention is clearly in tune with our traditional principles,” and restrain the CIA from intervening in the affairs of third-world nations without oversight or consequence. CIA director William Colby is somewhat of an unlikely ally to Church; although he does not fully cooperate with either the Church or Pike commissions, he feels that the CIA’s image is badly in need of rehabilitation. Indeed, Colby later writes, “I believed that Congress was within its constitutional rights to undertake a long-overdue and thoroughgoing review of the agency and the intelligence community. I did not share the view that intelligence was solely a function of the Executive Branch and must be protected from Congressional prying. Quite the contrary.” Conservatives later blame the Church Commission for “betray[ing] CIA agents and operations,” in the words of American Spectator editor R. Emmett Tyrrell, Jr, referencing the 1975 assassination of CIA station chief Richard Welch in Greece. The chief counsel of the Church Committee accuses CIA defenders and other conservatives of “danc[ing] on the grave of Richard Welch in the most cynical way.” It is documented fact that the Church Commission exposed no agents and no operations, and compromised no sources; even Colby’s successor, George H.W. Bush, later admits that Welch’s death had nothing to do with the Church Committee. (In 1980, Church will lose re-election to the Senate in part because of accusations of his committee’s responsibility for Welch’s death by his Republican opponent, Jim McClure.) [American Prospect, 11/5/2001; History Matters Archive, 3/27/2002; Assassination Archives and Research Center, 11/23/2002]
Final Report Excoriates CIA - The Committee’s final report concludes, “Domestic intelligence activity has threatened and undermined the Constitutional rights of Americans to free speech, association and privacy. It has done so primarily because the Constitutional system for checking abuse of power has not been applied.” The report is particularly critical of the CIA’s successful, and clandestine, manipulation of the US media. It observes: “The CIA currently maintains a network of several hundred foreign individuals around the world who provide intelligence for the CIA and at times attempt to influence opinion through the use of covert propaganda. These individuals provide the CIA with direct access to a large number of newspapers and periodicals, scores of press services and news agencies, radio and television stations, commercial book publishers, and other foreign media outlets.” The report identifies over 50 US journalists directly employed by the CIA, along with many others who were affiliated and paid by the CIA, and reveals the CIA’s policy to have “their” journalists and authors publish CIA-approved information, and disinformation, overseas in order to get that material disseminated in the United States. The report quotes the CIA’s Chief of the Covert Action Staff as writing, “Get books published or distributed abroad without revealing any US influence, by covertly subsidizing foreign publicans or booksellers.…Get books published for operational reasons, regardless of commercial viability.…The advantage of our direct contact with the author is that we can acquaint him in great detail with our intentions; that we can provide him with whatever material we want him to include and that we can check the manuscript at every stage…. [The agency] must make sure the actual manuscript will correspond with our operational and propagandistic intention.” The report finds that over 1,000 books were either published, subsidized, or sponsored by the CIA by the end of 1967; all of these books were published in the US either in their original form or excerpted in US magazines and newspapers. “In examining the CIA’s past and present use of the US media,” the report observes, “the Committee finds two reasons for concern. The first is the potential, inherent in covert media operations, for manipulating or incidentally misleading the American public. The second is the damage to the credibility and independence of a free press which may be caused by covert relationships with the US journalists and media organizations.”
CIA Withheld Info on Kennedy Assassination, Castro Plots, King Surveillance - The committee also finds that the CIA withheld critical information about the assassination of President John F. Kennedy from the Warren Commission, information about government assassination plots against Fidel Castro of Cuba (see, e.g., November 20, 1975, Early 1961-June 1965, March 1960-August 1960, and Early 1963); and that the FBI had conducted a counter-intelligence program (COINTELPRO) against Dr. Martin Luther King, Jr. and the Southern Christian Leadership Conference. Mafia boss Sam Giancana was slated to testify before the committee about his organization’s ties to the CIA, but before he could testify, he was murdered in his home—including having six bullet wounds in a circle around his mouth. Another committee witness, union leader Jimmy Hoffa, disappeared before he could testify. Hoffa’s body has never been found. Mafia hitman Johnny Roselli was murdered before he could testify before the committee: in September 1976, the Washington Post will print excerpts from Roselli’s last interview, with journalist Jack Anderson, before his death; Anderson will write, “When [Kennedy assassin Lee Harvey] Oswald was picked up, the underworld conspirators feared he would crack and disclose information that might lead to them. This almost certainly would have brought a massive US crackdown on the Mafia. So Jack Ruby was ordered to eliminate Oswald.” (Anderson’s contention has not been proven.) The murders of Giancana and Roselli, and the disappearance and apparent murder of Hoffa, will lead to an inconclusive investigation by the House of the assassinations of Kennedy and King. [Spartacus Educational, 12/18/2002]
Leads to FISA - The findings of the Church Committee will inspire the passage of the Foreign Intelligence Surveillance Act (FISA) (see 1978), and the standing committees on intelligence in the House and Senate. [Assassination Archives and Research Center, 11/23/2002]
Simultaneous Investigation in House - The Church Committee operates alongside another investigative body in the House of Representatives, the Pike Committee (see January 29, 1976).
Church Committee Smeared After 9/11 - After the 9/11 attacks, conservative critics will once again bash the Church Committee; former Secretary of State James Baker will say within hours of the attacks that the Church report had caused the US to “unilaterally disarm in terms of our intelligence capabilities,” a sentiment echoed by the editorial writers of the Wall Street Journal, who will observe that the opening of the Church hearings was “the moment that our nation moved from an intelligence to anti-intelligence footing.” Perhaps the harshest criticism will come from conservative novelist and military historian Tom Clancy, who will say, “The CIA was gutted by people on the political left who don’t like intelligence operations. And as a result of that, as an indirect result of that, we’ve lost 5,000 citizens last week.” [Gerald K. Haines, 1/20/2003]

Entity Tags: Washington Post, Tom Clancy, William Colby, Southern Christian Leadership Conference, R. Emmett Tyrrell, Richard M. Nixon, HT Lingual, George Herbert Walker Bush, Jack Anderson, Frank Church, Church Committee, Central Intelligence Agency, Federal Bureau of Investigation, Sam Giancana, Jack Ruby, James R. Hoffa, Pike Committee, Martin Luther King, Jr., James A. Baker, Lee Harvey Oswald, John F. Kennedy, Jim McClure, Johnny Roselli, Warren Commission

Timeline Tags: Civil Liberties

Interviewer David Frost has a difficult time with his subject, former President Richard Nixon, in the day’s early questioning (see April 6, 1977). Frost attempts to recoup with a line of questioning suggested by his adviser James Reston, Jr., one used in the trial of former Nixon aide John Ehrlichman (see January 1, 1975). Were there no limits to what a president can do, even if the president wants to do something plainly illegal? he asks. Could he do anything despite the law? Burglary? Forgery? Even murder? “If the president does it, that means it’s not illegal,” Nixon retorts. “Never had his imperialism been so baldly stated,” Reston will later reflect. Frost asks if the dividing line between, for example, a police burglary and the murder of an antiwar protester is only the president’s judgment? Nixon agrees, and adds: “There’s nothing specific that the Constitution contemplates in that respect. I haven’t read every word, every jot and every tittle, but I do know this: That it has been, however, argued that as far as a president is concerned, that in war time, a president does have certain extraordinary powers which would make acts that would otherwise be unlawful, lawful if undertaken for the purpose of preserving the nation and the Constitution, which is essential for the rights we’re all talking about.” [Time, 5/30/1977; Reston, 2007, pp. 102-105; Landmark Cases, 8/28/2007]

Entity Tags: Richard M. Nixon, David Frost, James Reston, Jr, John Ehrlichman

Timeline Tags: Nixon and Watergate

Following the revelations of the Church Committee’s investigation into the excesses of the CIA (see April, 1976), and the equally revealing New York Times article documenting the CIA’s history of domestic surveillance against US citizens for political purposes (see December 21, 1974), Congress passes the Foreign Intelligence Surveillance Act (FISA). In essence, FISA prohibits physical and electronic surveillance against US citizens except in certain circumstances affecting national security, under certain guidelines and restrictions, with court warrants issued by the Foreign Intelligence Surveillance Court (FISC), operating within the Department of Justice as well as with criminal warrants. FISA restricts any surveillance of US citizens (including US corporations and permanent foreign residents) to those suspected of having contact with “foreign powers” and terrorist organizations. FISA gives a certain amount of leeway for such surveillance operations, requiring that the administration submit its evidence for warrantless surveillance to FISC within 24 hours of its onset and keeping the procedures and decisions of FISC secret from the public. [Electronic Frontier Foundation, 9/27/2001; Legal Information Institute, 11/30/2004] On September 14, 2001, Congress will pass a revision of FISA that extends the time period for warrantless surveillance to 72 hours. The revision, part of the Intelligence Authorization Act of 2002, will also lower the standard for the issuance of wiretap warrants and make legal “John Doe,” or generic, warrants that can be used without naming a particular target. FISA revisions will also expand the bounds of the technologies available to the government for electronic and physical surveillance, and broaden the definitions of who can legally be monitored. [US Senate, 9/14/2001; Senator Jane Harman, 2/1/2006]

Entity Tags: Foreign Intelligence Surveillance Court, New York Times, Foreign Intelligence Surveillance Act, US Department of Justice, Church Committee

Timeline Tags: Civil Liberties

Former FBI Deputy Director W. Mark Felt, who served before and during the Watergate era, denounces the attempts by the Nixon administration to control the FBI and the Justice Department. Felt, who unbeknownst to the public was Washington Post reporter Bob Woodward’s celebrated inside source nicknamed “Deep Throat” (see May 31, 2005), writes scathingly in his memoir The FBI Pyramid of what he calls the “White House-Justice Department cabal” that worked to conceal the Watergate conspiracy. He does not reveal himself to be Woodward’s source. [Woodward, 2005, pp. 33]

Entity Tags: Nixon administration, Bob Woodward, Washington Post, US Department of Justice, W. Mark Felt

Timeline Tags: Nixon and Watergate

President Jimmy Carter issues Executive Order 12129, “Exercise of Certain Authority Respecting Electronic Surveillance,” which implements the executive branch details of the recently enacted Foreign Intelligence Surveillance Act of 1978 (FISA) (see 1978). [Jimmy Carter, 5/23/1979] The order is issued in response to the Iranian hostage crisis (see November 4, 1979-January 20, 1981). [Hawaii Free Press, 12/28/2005] While many conservatives will later misconstrue the order as allowing warrantless wiretapping of US citizens in light of the December 2005 revelation of George W. Bush’s secret wiretapping authorization (see Early 2002), [Think Progress, 12/20/2005] the order does not do this. Section 1-101 of the order reads, “Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.” The Attorney General must certify under the law that any such warrantless surveillance must not contain “the contents of any communication to which a United States person is a party.” The order does not authorize any warrantless wiretapping of a US citizen without a court warrant. [Jimmy Carter, 5/23/1979; 50 U.S.C. 1802(a); Think Progress, 12/20/2005] The order authorizes the Attorney General to approve warrantless electronic surveillance to obtain foreign intelligence, if the Attorney General certifies that, according to FISA, the communications are exclusively between or among foreign powers, or the objective is to collect technical intelligence from property or premises under what is called the “open and exclusive” control of a foreign power. There must not be a “substantial likelihood” that such surveillance will obtain the contents of any communications involving a US citizen or business entity. [Federal Register, 2/4/2006]

Entity Tags: Foreign Intelligence Surveillance Act, George W. Bush, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Civil Liberties

About 500 Iranian students take over the American Embassy in Tehran and hold 52 Americans hostage for 444 days. The Mujahedeen-e Khalq (MEK) is one of the groups that supports the take-over. [US Department of State, 4/30/2003; PBS, 1/15/2006]

Entity Tags: People’s Mujahedin of Iran

Timeline Tags: US confrontation with Iran, Iran-Contra Affair

Michael Barnes.Michael Barnes. [Source: Covington and Burling]Representative Michael Barnes (D-MD) is targeted by the NSA’s Echelon satellite surveillance program on orders from Reagan administration officials. Barnes, an outspoken opponent of Reagan’s Central American policies, had phone conversations with Nicaraguan officials intercepted and recorded, including one conversation between Barnes and the foreign minister of Nicaragua. Barnes learns of the surveillance after White House officials, apparently attempting to discredit Barnes, leaks transcripts of the taped conversations to reporters. CIA director William Casey shows Barnes a Nicaraguan embassy cable reporting a meeting between embassy staff and one of Barnes’s aides; Casey demands that Barnes fire the aide. Barnes refuses, noting that the aide had visited the embassy on legitimate business concerning international affairs. Barnes will say in 1995, “I was aware that NSA monitored international calls, that it was a standard part of intelligence gathering. But to use it for domestic political purposes is absolutely outrageous and probably illegal.” Former senator Dennis DeConcini (R-AZ) says he worries about the NSA spying on US citizens: “It has always worried me. What if that is used on American citizens? It is chilling. Are they listening to my private conversations on my telephone?” [Patrick S. Poole, 8/15/2000]

Entity Tags: Michael D. Barnes, Reagan administration, William Casey, National Security Agency, Dennis DeConcini, Echelon

Timeline Tags: Civil Liberties

President Ronald Reagan issues Executive Order 12333, which directs the US intelligence community to provide foreign intelligence data to the White House. The order reads in part, “[A]gencies are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General.” It establishes rules of conduct for the intelligence agencies, and mandates a certain level of Congressional oversight. [Executive Order 12333 -- United States intelligence activities, 4/5/2007] It also establishes the basis for what are later called “National Security Letters.” These NSLs, originally envisioned for use to compile information in hunts for foreign criminals and suspected terrorists, will later be used by the administration of George W. Bush to order US booksellers, librarians, employers, Internet providers, and others to turn over records and information they compile on US citizens, with strict adjuncts against allowing those targeted for surveillance to know about the NSLs and with virtually no government oversight (see October 25, 2005). [Washington Post, 11/6/2005] It does not, as some have later asserted, directly prohibit the assassination of targeted foreign subjects—i.e. terrorist suspects and even foreign leaders—though it does restrict the use of assassination by US government operatives to certain very restricted circumstances centered around critical aspects of national security. [Parks, 11/2/1989 pdf file]

Entity Tags: Ronald Reagan, George W. Bush, National Security Letters, Bush administration (43)

Timeline Tags: Civil Liberties

Margaret Thatcher.Margaret Thatcher. [Source: UK Parliament]British prime minister Margaret Thatcher, displeased with two of her ministers for challenging her on unidentified policy matters, requests that they be placed under electronic surveillance. Because it is illegal for British intelligence to monitor its own citizens, the operation is handed over to the CSE, Canada’s national security agency. [Daily Iowan, 1/19/2006; Janczewski and Colarik, 2007, pp. 454] According to former CSE spy Mike Frost, who will publicly discuss the matter in 2000, Thatcher “had two ministers that she said ‘…weren’t onside.’” Thatcher, says Frost, “wanted to find out, not what these ministers were saying, but what they were thinking. So my boss, as a matter of fact, went to McDonald House in London and did intercept traffic from these two ministers.” Why CSE and not British intelligence? Because for the British to monitor their own government members would be illegal—so instead, they farm out such activities to their allies. “The British Parliament now have total deniability,” Frost says. “They didn’t do anything. They know nothing about it. Of course they didn’t do anything; we did it for them.” Frost will say there is no way to pin any blame or criminal charges on anyone in the British government. “The British Parliament now has total deniability,” Frost says. “They didn’t do anything… we did it for them.” [ZDNet, 2/25/2000; CBS News, 2/27/2000]

Entity Tags: Communications Security Establishment, Mike Frost, Government Communications Headquarters, Margaret Thatcher

Timeline Tags: Civil Liberties

Soliman Biheiri.Soliman Biheiri. [Source: US Immigrations and Customs]BMI Inc., a real estate investment firm based in Secaucus, New Jersey, is formed in 1986. Former counterterrorism “tsar” Richard Clarke will state in 2003, “While BMI [has] held itself out publicly as a financial services provider for Muslims in the United States, its investor list suggests the possibility this facade was just a cover to conceal terrorist support. BMI’s investor list reads like a who’s who of designated terrorists and Islamic extremists.” Investors in BMI include: [US Congress, 10/22/2003]
bullet Soliman Biheiri. He is the head of BMI for the duration of the company’s existence. US prosecutors will later call him the US banker for the Muslim Brotherhood, a banned Egyptian militant group. Biheiri’s computer will eventually be searched and found to have contact information for Ghaleb Himmat and Youssef Nada, leaders of the Al Taqwa Bank, which is founded two years after BMI (see 1988). After 9/11, the US and UN will designate both Himmat and Nada and the Al Taqwa Bank as terrorist financiers, and the bank will be shut down (see November 7, 2001). US prosecutors say there are other ties between BMI and Al Taqwa, including financial transactions. Biheiri also has close ties with Yousuf Abdullah Al-Qaradawi. Qaradawi is said to be a high-ranking member of the Muslim Brotherhood, a shareholder in Al Taqwa, and has made statements supporting suicide bombings against Israel. In 2003, US investigators will accuse Biheiri of ties to terrorist financing. He will be convicted of immigration violations and lying to a federal agent (see June 15, 2003). [Wall Street Journal, 9/15/2003; Forward, 10/17/2003] Biheiri will be convicted of immigration fraud in 2003 and then convicted of lying to federal investigators in 2004 (see June 15, 2003).
bullet Abdullah Awad bin Laden, a nephew of Osama bin Laden. He invests about a half-million dollars in BMI real estate ventures, earning a profit of $70,000. For most of the 1990s he runs the US branch of a Saudi charity called World Assembly of Muslim Youth (WAMY). He is investigated by the FBI in 1996 (see February-September 11, 1996), and WAMY will be raided by US agents in 2004 (see June 1, 2004). The raid is apparently part of a larger investigation into terrorism financing. In 2001, at least two of the 9/11 hijackers will live three blocks away from the WAMY office (see March 2001 and After). [Wall Street Journal, 9/15/2003; Washington Post, 4/19/2004]
bullet Nur and Iman bin Laden, two female relatives of Osama bin Laden. Abdullah Awad bin Laden will invest some of their money in a BMI real estate project. While their bin Laden family ties are intriguing, neither have been accused of any knowing connections to terrorist financing. [Washington Post, 4/19/2004]
bullet Mousa Abu Marzouk. He has identified himself as a top leader of Hamas. The US declares him a terrorist in 1995 (see July 5, 1995-May 1997). BMI makes at least two transactions with Marzouk after he is declared a terrorist. [Wall Street Journal, 9/15/2003]
bullet Yassin al-Qadi, a Saudi multimillionaire. His lawyers will later claim he has no terrorism ties and had only a passing involvement with BMI and liquidated his investment in it in 1996. However, another company operating from the same office as BMI is called Kadi International Inc. and lists its president as al-Qadi. Al-Qadi is also a major investor in the suspect computer company Ptech (see 1994; 1999-After October 12, 2001). Al-Qadi and BMI head Biheiri have financial dealings with Yaqub Mirza, a Pakistani who manages a group of Islamic charities in Virginia known as the SAAR network (see July 29, 1983). These charities will be raided in March 2002 on suspicions of terrorism ties (see March 20, 2002). Shortly after 9/11, the US will officially declare al-Qadi a terrorist financier (see October 12, 2001). [Wall Street Journal, 9/15/2003]
bullet Saleh Kamel. BMI allegedly receives a $500,000 investment from the Dallah Al-Baraka banking conglomerate, which is headed by Kamel. For many years before 9/11, Omar al-Bayoumi, an associate of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, will receive a salary from Dallah, despite apparently doing no work. Some will accuse al-Bayoumi of involvement in funding the 9/11 plot, but that remains to been proven (see August 1994-July 2001). Kamel reportedly founded a Sudanese Islamic bank which housed accounts for senior al-Qaeda operatives. He is a multi-billionaire heavily involved in promoting Islam, and his name appears on the Golden Chain, a list of early al-Qaeda supporters (see 1988-1989). He denies supporting terrorism. [US Congress, 10/22/2003; Wall Street Journal, 6/21/2004]
bullet The Kuwait Finance House. According to Clarke, this organization is alleged to be a BMI investor and the “financial arm of the Muslim Brotherhood in Kuwait. Several al-Qaeda operatives have allegedly been associated with the Kuwaiti Muslim Brotherhood, including Khalid Shaikh Mohammed, Suliman abu Ghaith, Wadih El-Hage, and Ramzi Yousef.” In 2003, an apparent successor entity to the Kuwait Finance House will be designated as a terrorist entity by the US. A lawyer for the Kuwait Finance House will later say the bank has never let its accounts be used for terrorism. [Wall Street Journal, 9/15/2003; US Congress, 10/22/2003; Wall Street Journal, 4/20/2005]
bullet Tarek Swaidan. He is a Kuwaiti, an associate of al-Qadi, and a leading member of the Kuwaiti branch of the Muslim Brotherhood. It is unknown if he has made any denials about his alleged associations. [Wall Street Journal, 9/15/2003]
bullet Abdurahman Alamoudi. For many years he runs the American Muslim Council, a lobby group founded by a top Muslim Brotherhood figure. US prosecutors say he also is in the Brotherhood, and has alleged ties to Hamas. In 2004, the US will sentence him to 23 years in prison for illegal dealings with Libya (see October 15, 2004). [Wall Street Journal, 6/21/2004; Washington Post, 10/16/2004]
bullet The International Islamic Relief Organization (IIRO) and the Muslim World League, closely connected Saudi charities suspected of financing terrorism. They give BMI $3.7 million out of a $10 million endowment from unknown Saudi donors. The Financial Times will later note, “While it is not clear whether that money came from the Saudi government, [a 2003] affidavit quotes a CIA report that says the Muslim World League ‘is largely financed by the government of Saudi Arabia.’” Both organizations consistently deny any support of terrorism financing, but in early 2006 it will be reported that US officials continue to suspect them of such support (see January 15, 2006). [Financial Times, 8/21/2003] In 1992, a branch of the IIRO gives $2.1 million to BMI Inc. to invest in real estate. The money disappears from BMI’s books. In October 1999, BMI goes defunct after it is unable to repay this money to the IIRO branch. The IIRO branch gives BMI the rest of the $3.7 million between 1992 and 1998. BMI will use the money to buy real estate (see 1992). Eventually, some of this money will be given to Hamas operatives in the West Bank and spent on violent actions against Israel. This will eventually lead to legal action in the US and a seizure of some of the money. [Wall Street Journal, 11/26/2002; Washington Post, 8/20/2003; Washington Times, 3/26/2004; Washington Post, 4/19/2004] By 1992, BMI has projected revenues in excess of $25 million, based largely on their real estate investments in the US. [US Congress, 10/22/2003] In early 1999, months before BMI goes defunct, the FBI hears evidence potentially tying BMI to the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), but an investigation into this will not be pursued (see Early 1999). It should be noted that BMI had many investors, and presumably most BMI investors would have had no suspicions that their money might be used to fund terrorism or other types of violence.

Entity Tags: Iman bin Laden, International Islamic Relief Organization, Muslim World League, Kuwait Finance House, Nur bin Laden, Mousa Abu Marzouk, Abdurahman Alamoudi, Richard A. Clarke, Soliman Biheiri, Abdullah Awad bin Laden, Yousuf Abdullah Al-Qaradawi, Tarek Swaidan, Yassin al-Qadi, Saleh Abdullah Kamel

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

Antonin Scalia.Antonin Scalia. [Source: Oyez.org]Appeals court judge Antonin Scalia is sworn in as an Associate Justice of the US Supreme Court. [Legal Information Institute, 7/30/2007] Although Scalia is an ardent social conservative, with strongly negative views on such issues as abortion and homosexual rights, Scalia and Reagan administration officials both have consistently refused to answer questions about his positions on these issues, as President Reagan did at his June announcement of Scalia’s nomination. [Ronald Reagan Presidential Library, 6/17/1986] Scalia’s nomination is, in the words of Justice Department official Terry Eastland, “no better example of how a president should work in an institutional sense in choosing a nominee….” Eastland advocates the practice of a president seeking a judiciary nominee who has the proper “judicial philosophy.” A president can “influence the direction of the courts through his appointments” because “the judiciary has become more significant in our politics,” meaning Republican politics. [Dean, 2007, pp. 132] Scalia is the product of a careful search by Attorney General Edwin Meese and a team of Justice Department officials who wanted to find the nominee who would most closely mirror Reagan’s judicial and political philosophy (see 1985-1986).

Entity Tags: Ronald Reagan, Edwin Meese, Antonin Scalia, Terry Eastland, US Department of Justice

Timeline Tags: Civil Liberties

Strom Thurmond.Strom Thurmond. [Source: US Government]Former Lockheed software manager Margaret Newsham, who worked at the Menwith Hill facility of the NSA’s Echelon satellite surveillance operation in 1979, says she heard a real-time phone intercept of conversations involving senator Strom Thurmond (R-SC). She was shocked, she recalls, because she thought only foreign communications were being monitored. Newsham, who was fired from Lockheed after she filed a whistleblower lawsuit alleging fraud and waste, tells the chairman of the House Intelligence Committee, Louis Stokes (D-OH), of the overheard conversations. In July, Capital Hill staffers will leak the story to the Cleveland Plain Dealer. Thurmond says he doesn’t believe Newsham’s story, but his office admits that it has previously received reports that Thurmond had been a target of NSA surveillance. Thurmond will decline to press for an investigation, and the reason for the surveillance has never been revealed. [CBS News, 2/27/2000; Patrick S. Poole, 8/15/2000]

Entity Tags: Strom Thurmond, National Security Agency, House Intelligence Committee, Louis Stokes, Echelon, Cleveland Plain Dealer, Lockheed Martin Corporation, Margaret Newsham

Timeline Tags: Civil Liberties

As part of its ongoing battle against drug trafficking, the US routinely monitors the phone records of thousands of US citizens and others inside the country who make phone calls to Latin America. The NSA works with the Drug Enforcement Agency in collecting phone records that show patterns of calls between the US, Latin America, and other drug-producing regions. The program is significantly expanded after George W. Bush takes office in 2001. Government officials will say in 2007 that the phone conversations themselves are not monitored, but the NSA and DEA use phone numbers and e-mail addresses to analyze possible links between US citizens and foreign nationals. The program is approved by Justice Department officials in both the Bush and Clinton administrations, and does not require court approval to demand communications records. In 2004, one US telecommunications firm, who is not identified, will refuse to turn over its phone records to the government (see 2004). [New York Times, 12/16/2007] The Bush administration will repeatedly claim that the government did not begin monitoring US citizens until after the attacks of September 11, 2001. However, this NSA/DEA program proves otherwise.

Entity Tags: National Security Agency, Drug Enforcement Administration, George W. Bush, Clinton administration, US Department of Justice, Bush administration (41)

Timeline Tags: Civil Liberties

Former White House counsel John Dean, who served prison time for his complicity in the Watergate conspiracy (see September 3, 1974), receives an early morning phone call from CBS reporter Mike Wallace. Dean has tried to keep a low public profile for over a decade, focusing on his career in mergers and acquisitions and staying out of politics. Wallace wants Dean’s reaction to a not-yet-published book by Leonard Colodny and Robert Gettlin, Silent Coup, which advances a very different theory about the Watergate affair than is generally accepted. According to Dean’s own writing and a Columbia Journalism Review article about the book, the book’s allegations are as follows:
bullet Richard Nixon was guilty of nothing except being a dupe. Instead, Dean is the mastermind behind the Watergate conspiracy. Dean became involved both to find embarrassing sexual information on the Democrats and to protect his girlfriend, Maureen “Mo” Biner (later his wife), who is supposedly listed in a notebook linked to a prostitution ring operating out of the Watergate Hotel. This alleged prostitution ring was, the authors assert, patronized or even operated by officials of the Democratic Party. Dean never told Nixon about the prostitution ring, instead concocting an elaborate skein of lies to fool the president. According to the authors, Dean’s wife Maureen knew all about the call girl ring through her then-roommate, Heidi Rikan, whom the authors claim was actually a “madame” named Cathy Dieter. The address book belonged to a lawyer involved in the prostitution ring, Philip Macklin Bailey.
bullet According to the book, the other schemer involved in Watergate was Nixon’s chief of staff Alexander Haig. Haig wanted to conceal his role as part of a military network spying on Nixon and his national security adviser, Henry Kissinger (see December 1971). Haig orchestrated the titular “silent coup” to engineer Nixon’s removal from office.
bullet Haig was the notorious “Deep Throat,” the inside source for Washington Post reporter Bob Woodward (see May 31, 2005). Far from being a crusading young reporter, Woodward is, the book alleges, a “sleazy journalist” trying to cover up his background in military intelligence. Woodward had a strong, if covert, working relationship with Haig. [Columbia Journalism Review, 11/1991; Dean, 2006, pp. xv-xvii]
During the phone call, Wallace tells Dean, “According to Silent Coup, you, sir, John Dean, are the real mastermind of the Watergate break-ins, and you ordered these break-ins because you were apparently seeking sexual dirt on the Democrats, which you learned about from your then girlfriend, now wife, Maureen.” Wallace says that the book alleges that Dean had a secretive relationship with E. Howard Hunt, one of the planners of the Watergate burglary. Dean replies that he had little contact with Hunt during their White House careers, and calls the entire set of allegations “pure bullsh_t.” He continues: “Mike, I’m astounded. This sounds like a sick joke.” Wallace says that the authors and publisher, St. Martin’s Press, claim Dean was interviewed for the book, but Dean says no one has approached him about anything related to this book until this phone call. Dean says he is willing to refute the book’s claims on Wallace’s 60 Minutes, but wants to read it first. CBS cannot give Dean a copy of the book due to a confidentiality agreement. [Dean, 2006, pp. xv-xvii] Dean will succeed in convincing Time’s publishers not to risk a lawsuit by excerpting the book (see May 7, 1991), and will learn that the book was co-authored behind the scenes by Watergate burglar and conservative gadfly G. Gordon Liddy (see May 9, 1991 and After). The book will be published weeks later, where it will briefly make the New York Times bestseller list (see May 1991) and garner largely negative reviews (see June 1991).

Entity Tags: Heidi Rikan, G. Gordon Liddy, CBS News, Bob Woodward, Alexander M. Haig, Jr., St. Martin’s Press, Robert Gettlin, Philip Macklin Bailey, E. Howard Hunt, Maureen Dean, Mike Wallace, Leonard Colodny, Richard M. Nixon, Henry A. Kissinger, John Dean

Timeline Tags: Nixon and Watergate

Clarence Thomas survives the Senate hearings to join the Supreme Court.Clarence Thomas survives the Senate hearings to join the Supreme Court. [Source: PBS]The full Senate votes to confirm Clarence Thomas (see July 2-August 28, 1991, October 8, 1991, and October 11-12, 1991) on a 52-48 vote, the lowest margin of victory by any Supreme Court nominee in US history. It is possible that some senators’ votes are influenced by a wash of “fast-action” polls reported by the White House, purporting to show that African-Americans overwhelmingly support Thomas, and a majority of citizens support Thomas’s confirmation. A year later, analysis proves those polls to be completely wrong. [Thomas Hearings Website, 8/1997; Dean, 2007, pp. 146-153] In 1992, Senator Joseph Biden (D-DE), a member of the Senate Judiciary Committee, will say: “That last hearing was not about Clarence Thomas. It was not about Anita Hill. It was about a massive power struggle going on in this country, a power struggle between women and men, and a power struggle between minoritites and the majority.” [Thomas Hearings Website, 8/1997]

Entity Tags: US Supreme Court, Joseph Biden, Bush administration (41), Clarence Thomas, Senate Judiciary Committee

Timeline Tags: Civil Liberties

Nawaf Alhazmi (left), and Khalid Almihdhar (right).Nawaf Alhazmi (left), and Khalid Almihdhar (right). [Source: FBI]Of all the 9/11 hijackers, Nawaf Alhazmi and Khalid Almihdhar have the longest records of involvement with al-Qaeda. CIA Director Tenet calls them al-Qaeda veterans. According to the CIA, Alhazmi first travels to Afghanistan in 1993 as a teenager, then fights in Bosnia with Alhazmi (see 1995). Almihdhar makes his first visit to Afghanistan training camps in 1996, and then fights in Chechnya in 1997. Both swear loyalty to bin Laden around 1998. Alhazmi fights in Afghanistan against the Northern Alliance with his brother, Salem Alhazmi. He fights in Chechnya, probably in 1998. [Observer, 9/23/2001; ABC News, 1/9/2002; US Congress, 6/18/2002; Los Angeles Times, 9/1/2002; US Congress, 7/24/2003, pp. 131 pdf file] He then returns to Saudi Arabia in early 1999 where he shares information about the 1998 US embassy bombings. However it is not clear what information he disclosed to whom or where he obtained this information. [US Congress, 7/24/2003, pp. 131 pdf file] It is possible that some or all of this information came from the NSA, which is intercepting some of Alhazmi’s phone calls at this time (see Early 1999).

Entity Tags: Al-Qaeda, Osama bin Laden, George J. Tenet, Nawaf Alhazmi, Khalid Almihdhar, Northern Alliance, Salem Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mahmud Abouhalima.Mahmud Abouhalima. [Source: Agence France-Presse]Mahmud Abouhalima is arrested for his role in the February 1993 WTC bombing. He meets with US investigators without his lawyer and provides a detailed account of the Al-Kifah Refugee Center, bin Laden’s main support base in the US in the early 1990s. He says that twice he turned to a Texas acquaintance named Wadih El-Hage to buy weapons for his associates. El-Hage, who turns out to be bin Laden’s personal secretary (see September 15, 1998), will later be caught and convicted of bombing the US embassies in Africa in 1998 (see 10:35-10:39 a.m., August 7, 1998). Abouhalima further recounts fighting in Afghanistan with the mujaheddin in the 1980s and tells of travelling to training camps with a Palestinian man named Mohammed Odeh. A Palestinian man with the name Mohammed Saddiq Odeh will later be convicted of a role in the 1998 embassy bombings as well. Abouhalima offers additional inside information about the bomb plot and his associates in exchange for a lighter sentence. But, as the New York Times will later note, prosecutors turn down the offer “for reasons that remain unclear.” Abouhalima is later found guilty and sentenced to life in prison. [New York Times, 10/22/1998]

Entity Tags: Mohammed Saddiq Odeh, Wadih El-Hage, Mahmud Abouhalima

Timeline Tags: Complete 911 Timeline

Essam Marzouk.Essam Marzouk. [Source: FBI]US-al-Qaeda double agent Ali Mohamed is detained by the Royal Canadian Mounted Police (RCMP) in Vancouver, British Columbia, after attempting to pick up a man named Essam Marzouk, who is carrying numerous false passports. The RCMP identifies Mohamed as a top al-Qaeda operative. Mohamed admits to it that he traveled to Vancouver to help Marzouk sneak into the US and admits working closely with Osama bin Laden. [San Francisco Chronicle, 11/4/2001; Globe and Mail, 11/22/2001; Wall Street Journal, 11/26/2001] After many hours of questioning, Mohamed tells the Canadian officials to call John Zent, his handler at the FBI. Zent confirms that Mohamed works for the FBI and asks them to release him. They do. [Lance, 2006, pp. 124] Mohamed is accompanied by fellow al-Qaeda operative Khaled Abu el-Dahab (see 1987-1998), who brings $3,000 sent by bin Laden to pay for Marzouk’s bail. Marzouk had run one of bin Laden’s training camps in Afghanistan and was an active member of the al-Qaeda allied group Islamic Jihad at the time. However, Canadian intelligence apparently is unaware of his past. Marzouk will spend almost a year in detention. But then, again with the help of another visit to Canada by Mohamed, Marzouk will be released and allowed to live in Canada (see June 16, 1993-February 1998). He later will help train the bombers who carry out the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). [Globe and Mail, 11/22/2001; National Post, 11/26/2005] Jack Cloonan, an FBI agent who later investigates Mohamed, will say: “I don’t think you have to be an agent who has worked terrorism all your life to realize something is terribly amiss here. What was the follow up? It just sort of seems like [this incident] dies.” [Lance, 2006, pp. 125]

Entity Tags: Royal Canadian Mounted Police, John Zent, Osama bin Laden, Jack Cloonan, Khaled Abu el-Dahab, Essam Marzouk, Ali Mohamed, Federal Bureau of Investigation, Canadian Security Intelligence Service

Timeline Tags: Complete 911 Timeline

Oussama Ziade.Oussama Ziade. [Source: Beta Consulting]Ptech is founded in 1994 by Oussama Ziade, Hussein Ibrahim, and James Cerrato. Ziade came from Lebanon to study at Harvard University. As the Associated Press will describe it, Ptech’s “idea was to help complicated organizations like the military and large companies create a picture of how their assets—people and technology—work together. Then the software could show how little changes, like combining two departments, might affect the whole.” They raise $20 million to start the company. A number of Ptech employees and investors will later be suspected of having ties to groups that have been designated by the US as terrorist organizations: [CNN, 12/6/2002; Wall Street Journal, 12/6/2002; Associated Press, 1/3/2003]
bullet Yassin al-Qadi, a Saudi multimillionaire. He will invest $5 million of Ptech’s start-up money. The US will declare him an al-Qaeda financier shortly after 9/11 (see October 12, 2001). In 1998, al-Qadi will come under investigation by FBI agent Robert Wright (see October 1998) for potential ties to the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Al-Qadi is also a major investor in BMI Inc., an investment firm with connections to a remarkable number of suspected terrorist financiers (see 1986-October 1999). Al-Qadi later will claims that he sold his investment in Ptech in 1999, but there will be evidence he may continue to hold a financial stake after that year, and even after the US will officially declare him a terrorism financier (see 1999-After October 12, 2001). [Wall Street Journal, 12/6/2002; Washington Post, 12/7/2002; Associated Press, 1/3/2003]
bullet Gamel Ahmed, Ptech’s comptroller in the mid-1990s. One al-Qadi loan Wright will investigate also involves Ahmed. [Associated Press, 1/3/2003]
bullet Hussein Ibrahim, Ptech vice president and chief scientist. He also serves as vice president and then president of BMI from 1989 until 1995. He has no known direct terrorism finance connections, but it has been reported that al-Qadi brought Ibrahim into Ptech as his representative. [Wall Street Journal, 12/6/2002; WBZ 4 (Boston), 12/9/2002; Associated Press, 1/3/2003]
bullet Soliman Biheiri. He is the head of BMI and a member of Ptech’s board. US prosecutors will later call him the US banker for the Muslim Brotherhood, a banned Egyptian militant group. He will later be convicted for lying and immigration fraud (see June 15, 2003). [FrontPage Magazine, 6/17/2005]
bullet Abdurahman Alamoudi. He is one of Ptech’s founders, as well as an investor in BMI. In 2004, the US will sentence him to 23 years in prison for illegal dealings with Libya (see October 15, 2004). [Washington Post, 10/16/2004; FrontPage Magazine, 6/17/2005]
bullet Muhammed Mubayyid and Suheil Laheir. Neither have any known direct ties to terrorism financing. However, both are longtime Ptech employees whom formerly worked for Care International, a Boston-based suspect Islamic charity (not to be confused with a large international charity having the same name). [Wall Street Journal, 12/6/2002] In 2005, Mubayyid will be charged with conspiring to defraud the US and making false statements to the FBI. Care International had previously been the Boston branch of the Al-Kifah Refugee Center (see [a0493kifahboston]]) and a recruitment office for Mektab al Khidmat (MAK), the precursor organization to al-Qaeda (see 1985-1989). Laheir, Ptech’s chief architect, wrote many articles in support of Islamic holy war. He frequently quoted Abdullah Azzam, bin Laden’s mentor. [Associated Press, 5/13/2005; FrontPage Magazine, 6/17/2005]
bullet Yaqub Mirza. He is a Ptech investor and on a Ptech advisory board. He directs SAAR, a multi-million dollar network of companies and charities in Herndon, Virginia (see July 29, 1983). In March 2002, US investigators will raid the SAAR network for suspected terrorism ties (see March 20, 2002). In late 2002, the Wall Street Journal will report, “US officials privately say Mr. Mirza and his associates also have connections to al-Qaeda and to other entities officially listed by the US as sponsors of terrorism.” [Wall Street Journal, 12/6/2002; WBZ 4 (Boston), 12/9/2002; Associated Press, 1/3/2003]
bullet BMI itself directly invests in Ptech. It also gives Ptech a founding loan, and leases Ptech much of its office and computer equipment. [Wall Street Journal, 12/6/2002; Associated Press, 1/3/2003] Ptech president Ziade and other Ptech employees will claim that all of their ties to suspected terrorist financiers are coincidental. By 2002, Ptech will have annual revenues of up to $10 million. [Wall Street Journal, 12/6/2002] Ptech’s potential ties to suspected terrorist financiers will be of particular concern because of its potential access to classified government information (see 1996-1997). [Wall Street Journal, 12/6/2002; Boston Globe, 12/7/2002] Joe Bergantino, a CBS journalist who will be the first to report on Ptech, will say of Ptech in 2002, “The worst-case scenario is that this is a situation where this was planned for a very long time to establish a company in this country and in the computer software business that would target federal agencies and gain access to key government data to essentially help terrorists launch another attack.” [National Public Radio, 12/8/2002]

Entity Tags: Oussama Ziade, Hussein Ibrahim, James Cerrato, Muhammed Mubayyid, Gamel Ahmed, Care International (Boston), Yassin al-Qadi, Al-Qaeda, Yacub Mirza, BMI Inc., Suheil Laheir, Abdurahman Alamoudi, Soliman Biheiri, Ptech Inc.

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

The Communications Assistance for Law Enforcement Act (CALEA) takes effect. CALEA obliges telecommunications providers such as AT&T to give law enforcement agencies and US intelligence organizations the ability to wiretap any domestic or international telephone conversations carried over their networks. In more recent years, the law will be expanded to give law enforcement and intelligence agencies similar abilities to monitor Internet usage by US citizens. [Federal Communications Commission, 2/21/2007]

Entity Tags: Communications Assistance for Law Enforcement Act (CALEA), AT&T

Timeline Tags: Civil Liberties

President Clinton issues Executive Order 12949, which marginally extends the powers of the Justice Department to conduct warrantless surveillance of designated targets, specifically suspected foreign terrorists. Perhaps the most controversial aspect of the order comes in the first section, which reads, “Pursuant to section 302(a)(1) of the [Foreign Intelligence Surveillance] Act [FISA], the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.” [US President, 2/9/1995] As with then-president Jimmy Carter’s own May 1979 order extending the Justice Department’s surveillance capabilities (see May 23, 1979), after George W. Bush’s warrantless domestic wiretapping program will be revealed in December 2005 (see December 15, 2005), many of that program’s defenders will point to Clinton’s order as “proof” that Clinton, too, exercised unconstitutionally broad powers in authorizing wiretaps and other surveillance of Americans. These defenders will point to the “physical search” clause in Clinton’s order to support their contention that, if anything, Clinton’s order was even more egregrious than anything Bush will order. This contention is false. [50 U.S.C. 1802(a); Think Progress, 12/20/2005] Under FISA, the Attorney General must certify that any such physical search does not involve the premises, information, material, or property of a United States person.” That means US citizens or anyone inside the United States. Clinton’s order does not authorize warrantless surveillance or physical searches of US citizens. [US President, 2/9/1995; Think Progress, 12/20/2005]

Entity Tags: US Department of Justice, James Earl “Jimmy” Carter, Jr., William Jefferson (“Bill”) Clinton, George W. Bush, Foreign Intelligence Surveillance Act

Timeline Tags: Civil Liberties

Anas al-Liby.Anas al-Liby. [Source: FBI]Anas al-Liby, member of a Libyan al-Qaeda affiliate group called Al-Muqatila, lives in Britain during this time. He had stayed with bin Laden in Sudan (see May 18, 1996). In late 1995, he moves to Britain and applies for political asylum, claiming to be a political enemy of the Libyan government (see (Late 1995)). He is involved in an al-Qaeda plot (see Late 1993-Late 1994) that will result in the bombing of two US embassies in Africa in 1998 (see 10:35-10:39 a.m., August 7, 1998). The British government suspects he is a high-level al-Qaeda operative, and Egypt tells Britain that he is wanted for an assassination attempt of Egyptian President Hosni Mubarak (see (Late 1995)). In 1996, he is involved in a plot with the British intelligence agency to assassinate Libyan leader Colonel Mu’ammar al-Qadhafi (see 1996), and presumably his ability to live in Britain is connected to cooperation with that plot. [Observer, 11/10/2002; Times (London), 1/16/2003] After the failed assassination attempt in 1996, the British allegedly continues to support Al-Muqatila—for instance, the group openly publishes a newsletter from a London office. [Brisard and Dasquie, 2002, pp. 97-98] Whistleblower David Shayler, a British intelligence agent, gives British authorities details of this Libya plot in 1998 and again in 1999, and later will serve a short prison sentence for revealing this information to the public (see November 5, 2002). [Observer, 8/27/2000] In late 1998, al-Liby is monitored calling an al-Qaeda operative in the US and discussing their ties to one of the African embassy bombers, but this results in no action against al-Liby (see Shortly After August 12, 1998). He lives in Manchester until May of 2000. In 2002, it will be reported that he eluded a police raid on his house and fled abroad. [Observer, 11/10/2002] However, in a 2011 book, FBI agent Ali Soufan will claim that al-Liby actually was arrested and then let go (see May 2000). His asylum application will still be under review at the time of his arrest. [Times (London), 1/16/2003] An important al-Qaeda training manual is discovered in the raid on his Manchester residence (see May 2000). The US will later post a $25 million reward for al-Liby’s capture. [Federal Bureau of Investigation, 2002; Observer, 11/10/2002]

Entity Tags: United Kingdom, Mu’ammar al-Qadhafi, Federal Bureau of Investigation, Osama bin Laden, Anas al-Liby, Al-Muqatila, Al-Qaeda, David Shayler

Timeline Tags: Complete 911 Timeline

InfraGard logo.InfraGard logo. [Source: Progressive.org]Twenty-three thousand executives and employees of various private firms work with the FBI and the Department of Homeland Security. The group, called InfraGard, receives secret warnings of terrorist threats well in advance of public notification, and sometimes before elected officials. In return, InfraGard provides information to the government. InfraGard is a quiet quasi-governmental entity which wields an unknown, but extensive, amount of power and influence. Michael Hershman, the chairman of the advisory board of the InfraGard National Members Alliance (INMA) and the CEO of an international consulting firm, calls InfraGard “a child of the FBI.” The organization started in Cleveland in 1996, when business members cooperated with the FBI to investigate cyber-threats. The FBI then “cloned it,” according to Phyllis Schneck, chairman of the board of directors of the INMA. Schneck is one of the biggest proponents of InfraGard. As of February 2008, 86 chapters of InfraGard exist in each of the 50 states, operating under the supervision of local FBI agents. “We are the owners, operators, and experts of our critical infrastructure, from the CEO of a large company in agriculture or high finance to the guy who turns the valve at the water utility,” says Schneck. According to the InfraGard website, “At its most basic level, InfraGard is a partnership between the Federal Bureau of Investigation and the private sector. InfraGard chapters are geographically linked with FBI Field Office territories.” After the 9/11 attacks, InfraGard experiences explosive growth—from 1,700 members in November 2001 to 23,682 members in January 2008. 350 members of the Fortune 500 have members in InfraGard. Prospective members are sponsored by existing members, then vetted by the FBI. The organization accepts members from agriculture, banking and finance, and chemical industry, defense, energy, food, information and telecommunications, law enforcement, public health, and transportation industries.
Controlled Exposure - InfraGard’s inner workings are not available to the general public; its communications with the FBI and DHS are not accessible through the Freedom of Information Act under the “trade secrets” exemption. And InfraGard carefully controls its exposure and contact with the media. According to the InfraGard website: “The interests of InfraGard must be protected whenever presented to non-InfraGard members. During interviews with members of the press, controlling the image of InfraGard being presented can be difficult. Proper preparation for the interview will minimize the risk of embarrassment.… The InfraGard leadership and the local FBI representative should review the submitted questions, agree on the predilection of the answers, and identify the appropriate interviewee.… Tailor answers to the expected audience.… Questions concerning sensitive information should be avoided.”
Advance Warning from the FBI - InfraGard members receive quick alerts on any potential terrorist threat or a possible disruption of US infrastructure. Its website boasts that its members can “[g]ain access to an FBI secure communication network complete with VPN encrypted website, webmail, listservs, message boards, and much more.” Hershman says members receive “almost daily updates” on threats “emanating from both domestic sources and overseas.” Schneck adds, “We get very easy access to secure information that only goes to InfraGard members. People are happy to be in the know.” Shortly after the 9/11 attacks, an InfraGard member passed along an FBI warning about a potential threat to California’s bridges to then-Governor Gray Davis, who had not yet heard anything from the FBI (see November 1, 2001). In return, InfraGard members cooperate with FBI and DHS operations. Schneck says: “InfraGard members have contributed to about 100 FBI cases. What InfraGard brings you is reach into the regional and local communities. We are a 22,000-member vetted body of subject-matter experts that reaches across seventeen matrixes. All the different stovepipes can connect with InfraGard.” The relationships between the FBI and InfraGard members are key, she says. “If you had to call 1-800-FBI, you probably wouldn’t bother,” she says. “But if you knew Joe from a local meeting you had with him over a donut, you might call them. Either to give or to get. We want everyone to have a little black book.” InfraGard members have phone numbers for DHS, the FBI, and to report cyber-threats. InfraGard members who call in “will be listened to,” she says; “your call [will] go through when others will not.” The American Civil Liberties Union, who has warned about the potential dangers of Infragard to constitutional liberties (see August 2004), retorts, “The FBI should not be creating a privileged class of Americans who get special treatment. There’s no ‘business class’ in law enforcement. If there’s information the FBI can share with 22,000 corporate bigwigs, why don’t they just share it with the public? That’s who their real ‘special relationship’ is supposed to be with. Secrecy is not a party favor to be given out to friends.… This bears a disturbing resemblance to the FBI’s handing out ‘goodies’ to corporations in return for folding them into its domestic surveillance machinery.”
Preparing for Emergencies, Martial Law - InfraGard members are “very much looped into our readiness capability,” says a DHS spokeswoman. Not only does DHS “provide speakers” and do “joint presentations” with the FBI, but “[w]e also train alongside them, and they have participated in readiness exercises.” InfraGard members are involved with the Bush administration’s “National Continuity Policy,” which mandates that DHS coordinate with “private sector owners and operators of critical infrastructure, as appropriate, in order to provide for the delivery of essential services during an emergency.” InfraGard members participate in “national emergency preparation drills,” Schneck says, sometimes by the hundreds. InfraGard members are drilling in preparation for martial law, members say. One business owner recently attended a meeting conducted by FBI and DHS officials. He recalls, “The meeting started off innocuously enough, with the speakers talking about corporate espionage. From there, it just progressed. All of a sudden we were knee deep in what was expected of us when martial law is declared. We were expected to share all our resources, but in return we’d be given specific benefits.” In the event of martial law being declared, Infragard members will have the ability to travel in restricted areas and to evacuate citizens. But they will have other abilities and duties as well. InfraGard members, says the business owner, will be authorized to “shoot to kill” if necessary to maintain order and “protect our portion of the infrastructure. [I]f we had to use deadly force to protect it, we couldn’t be prosecuted.… We were assured that if we were forced to kill someone to protect our infrastructure, there would be no repercussions. It gave me goose bumps. It chilled me to the bone.” Other InfraGard members deny that they have ever been told such; Schneck says InfraGard members will have no civil patrol or law enforcement responsibilities. The FBI calls such assertions “ridiculous.” But the business owner’s story has been corroborated by other InfraGard members. “There have been discussions like that, that I’ve heard of and participated in,” says Christine Moerke, an InfraGard member from Wisconsin. [InfraGard, 2008; Progressive, 2/7/2008]

Entity Tags: Michael Hershman, US Department of Homeland Security, Christine Moerke, Bush administration (43), American Civil Liberties Union, Federal Bureau of Investigation, InfraGard National Members Alliance, Gray Davis, Phyllis Schneck, InfraGard

Timeline Tags: Civil Liberties

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

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

April 25, 1996: New Anti-Terrorism Law Passed

President Clinton signs the Antiterrorism and Effective Death Penalty Act, which the New York Times calls “broad legislation that provides new tools and penalties for federal law-enforcement officials to use in fighting terrorism.” The Clinton administration proposed the bill in the aftermath of the Oklahoma City terrorist bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). In many ways, the original bill will be mirrored by the USA Patriot Act six years later (see October 26, 2001). Civil libertarians on both the left and right opposed the legislation. Political analyst Michael Freeman called the proposal one of the “worst assaults on civil liberties in decades,” and the Houston Chronicle called it a “frightening” and “grievous” assault on domestic freedoms. Many Republicans opposed the bill, and forced a compromise that removed increased wiretap authority and lower standards for lawsuits against sellers of guns used in crimes. CNN called the version that finally passed the Republican-controlled Congress a “watered-down version of the White House’s proposal. The Clinton administration has been critical of the bill, calling it too weak. The original House bill, passed last month, had deleted many of the Senate’s anti-terrorism provisions because of lawmakers’ concerns about increasing federal law enforcement powers. Some of those provisions were restored in the compromise bill.” [CNN, 4/18/1996; New York Times, 4/25/1996; Roberts, 2008, pp. 35] An unusual coalition of gun rights groups such as the National Rifle Association (NRA) and civil liberties groups such as the American Civil Liberties Union (ACLU) led the opposition to the law. [New York Times, 4/17/1996] By the time Congress passed the bill, it had been, in the words of FBI Director Louis Freeh, “stripped… of just about every meaningful provision.” [Roberts, 2008, pp. 35] The law makes it illegal in the US to provide “material support” to any organization banned by the State Department. [Guardian, 9/10/2001]

Entity Tags: William Jefferson (“Bill”) Clinton, Louis J. Freeh, National Rifle Association, American Civil Liberties Union, Clinton administration, Michael Freeman, USA Patriot Act, US Congress

Timeline Tags: Complete 911 Timeline, Civil Liberties, US Domestic Terrorism

According to counterterrorism expert Rohan Gunaratna, US intelligence monitoring al-Qaeda communications learn that al-Qaeda is canceling an attack on Western targets in Singapore. On April 18, 1996, 108 Lebanese civilians seeking refuge at a UN camp in Qana, Lebanon, are killed by mortars fired by Israeli forces. Bin Laden “was keen not to dissipate what he envisaged as widespread revulsion against Israel’s action and hence called off the strike in Southeast Asia. Al-Qaeda’s team in question was very determined to go ahead, having spent years preparing the attack, and according to the intercepts it proved difficult for Osama to convince it otherwise.” Gunaratna claims the US learned this through the NSA’s Echelon satellite network (see Before September 11, 2001) “and other technical monitoring of their communications traffic.” [Gunaratna, 2003, pp. 133-134] If true, this case supports other evidence that the US was successfully monitoring bin Laden’s communications from an early date (see Early 1990s) and that al-Qaeda’s Southeast Asia operations were penetrated years before an important al-Qaeda summit in Malaysia discussing the 9/11 plot (see January 5-8, 2000).

Entity Tags: Echelon, Al-Qaeda, Osama bin Laden, National Security Agency

Timeline Tags: Complete 911 Timeline

After fleeing Qatar, Khalid Shaikh Mohammed (KSM) travels the world and plans many al-Qaeda operations. He previously was involved in the 1993 World Trade Center bombing, and the Operation Bojinka plot. [Time, 1/20/2003] He is apparently involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), the 2000 USS Cole bombing (see October 12, 2000), and other attacks. One US official later says, “There is a clear operational link between him and the execution of most, if not all, of the al-Qaeda plots over the past five years.” [Los Angeles Times, 12/22/2002] He lives in Prague, Czech Republic, through much of 1997. [Los Angeles Times, 9/1/2002] By 1999, he is living in Germany and visiting with the hijackers there. [New York Times, 6/8/2002; New York Times, 9/22/2002] Using 60 aliases and as many passports, he travels through Europe, Africa, the Persian Gulf, Southeast Asia and South America, personally setting up al-Qaeda cells. [Los Angeles Times, 12/22/2002; Time, 1/20/2003]

Entity Tags: USS Cole, Al-Qaeda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Based on a review of the Lexis-Nexus database, the term al-Qaeda is first mentioned in the mainstream media on this day. A United Press International article draws from a State Department fact sheet released today (see August 14, 1996) and states, “Earlier, during the Soviet invasion of Afghanistan, Usama Bin Ladin drew on his family’s wealth ‘plus donations received from sympathetic merchant families in the Gulf region’ to organize the Islamic Salvation Foundation, or al-Qaida. The group established recruitment centers in Egypt, Saudi Arabia, and Pakistan that enlisted and sheltered thousands of Arab recruits to fight the Soviets. ‘This network remains active,’ the State Department said.” (The spelling is the same as in the original.) [US Department of State, 8/14/1996; United Press International, 8/14/1996] The term was first used in an overseas article by the French wire service Agence France-Presse, in May 1993 (see May 30, 1993). The CIA has been aware of the term since at least the start of 1996 (see Shortly Before February 1996) and possibly by 1991, if not earlier (see February 1991- July 1992). However, the term will remain little used and little understood by the media for the next several years. For instance, the New York Times will first mention it two years later in quoting the courtroom testimony of one of the plotters of the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). It is referred to as “al-Qaeda, an international terrorist group, led by Mr. bin Laden.” [New York Times, 8/28/1998]

Entity Tags: US Department of State, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline

An Inmarsat Compact M satellite phone, the type used by bin Laden.An Inmarsat Compact M satellite phone, the type used by bin Laden. [Source: Inmarsat]During this period, Osama bin Laden uses a satellite phone to direct al-Qaeda’s operations. The phone—a Compact M satellite phone, about the size of a laptop computer—was purchased by a student in Virginia named Ziyad Khaleel for $7,500 using the credit card of a British man named Saad al-Fagih. After purchasing the phone, Khaleel sent it to Khalid al-Fawwaz, al-Qaeda’s unofficial press secretary in London (see Early 1994-September 23, 1998). Al-Fawwaz then shipped it to bin Laden in Afghanistan. [CNN, 4/16/2001] It appears US intelligence actually tracks the purchase as it occurs (see November 1996-Late December 1999), probably because an older model satellite phone bin Laden has is already being monitored (see Early 1990s). Bin Laden’s phone (873682505331) is believed to be used by other top al-Qaeda leaders as well, including Ayman al-Zawahiri and Mohammad Atef. Al-Fawwaz also buys satellite phones for other top al-Qaeda leaders around the same time. Though the calls made on these phones are encrypted, the NSA is able to intercept and decrypt them. As one US official will put it in early 2001, “codes were broken.” [United Press International, 2/13/2001; Newsweek, 2/18/2002] The Los Angeles Times will report that the monitoring of these phones “produced tens of thousands of pages of transcripts over two years.” [Los Angeles Times, 10/14/2001] Bin Laden’s satellite phone replaces an older model he used in Sudan that apparently was also monitored by the NSA (see Early 1990s). Billing records for his new phone are eventually released to the media in early 2002. Newsweek will note, “A country-by-country analysis of the bills provided US authorities with a virtual road map to important al-Qaeda cells around the world.” [Sunday Times (London), 3/24/2002] The countries called are:
bullet Britain (238 or 260). Twenty-seven different phone numbers are called in Britain. Accounts differ on the exact number of calls. Khalid al-Fawwaz, who helps publish statements by bin Laden, receives 143 of the calls, including the very first one bin Laden makes with this phone. Apparently most of the remaining calls are made to pay phones near him or to his associates. He also frequently calls Ibrahim Eidarous, who works with al-Fawwaz and lives near him. [CNN, 4/16/2001; Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002; O'Neill and McGrory, 2006, pp. 111]
bullet Yemen (221). Dozens of calls go to an al-Qaeda communications hub in Sana’a, Yemen, which is run by the father-in-law of 9/11 hijacker Khalid Almihdhar (see Late August 1998). [Newsweek, 2/18/2002; Los Angeles Times, 9/1/2002; Bamford, 2008, pp. 8]
bullet Sudan (131). Bin Laden lived in Sudan until 1996 (see May 18, 1996), and some important al-Qaeda operatives remained there after he left (see February 5, 1998). [Sunday Times (London), 3/24/2002]
bullet Iran (106). Newsweek will later report: “US officials had little explanation for the calls to Iran. A Bush administration official said that US intelligence has believed for years that hard-line anti-American factions inside Iran helped bin Laden’s organization operate an ‘underground railroad’ smuggling Islamic militants to al-Qaeda training camps in Afghanistan.” [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002]
bullet Azerbaijan (67). An important al-Qaeda operative appears to be based in Baku, Azerbaijan. [Washington Post, 5/2/2001] This is most likely Ahmad Salama Mabruk, who is very close to al-Qaeda number two Ayman al-Zawahiri and is said to be the head of the al-Qaeda cell there. He kidnapped by the CIA in Baku in late August 1998 (see Late August 1998).
bullet Kenya (at least 56). In the embassy bombings trial, prosecutors introduce evidence showing 16 calls are made on this phone to some of the embassy bombers in Kenya (see 10:35-10:39 a.m., August 7, 1998), apparently all before a raid in August 1997 (see August 21, 1997). The defense introduces evidence showing at least 40 more calls are made after that time (see Late 1996-August 1998). [CNN, 4/16/2001]
bullet Pakistan (59).
bullet Saudi Arabia (57).
bullet A ship in the Indian Ocean (13).
bullet The US (6).
bullet Italy (6).
bullet Malaysia (4).
bullet Senegal (2). [Sunday Times (London), 3/24/2002]
bullet Egypt (unknown). Newsweek reports that calls are made to Egypt but doesn’t say how many. [Newsweek, 2/18/2002]
bullet Iraq (0). Press reports note that the records indicate zero calls were made to Iraq. [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002] 1,100 total calls are made on this phone. Adding up the above numbers means that the destination of over 100 calls is still unaccounted for. [Newsweek, 2/18/2002] The use of this phone stops two months after the August 1998 embassy bombings in Africa. However, it appears bin Laden and other al-Qaeda leaders continue to use other satellite phones occasionally after this time. Shortly after 9/11, James Bamford, an expert authority on the agency, says “About a year or so ago the NSA lost all track of him.… He may still use [satellite phones] occasionally to talk about something mundane, but he discovered that the transmitters can be used for honing.” [CNN, 9/21/2001] According to a different account, bin Laden will attempt to use a different phone communication method, but US intelligence will soon discover it and continue monitoring his calls (see Late 1998 and After).

Entity Tags: Ziyad Khaleel, Saad al-Fagih, Osama bin Laden, Ibrahim Eidarous, Khalid al-Fawwaz, Mohammed Atef, Al-Qaeda, Ayman al-Zawahiri, Ahmad Salama Mabruk

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In 2001, four men will be convicted of participating in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998). During their trial, it will come to light that the NSA was listening in on bin Laden’s satellite phone (see November 1996-Late August 1998). Additionally, during this time bin Laden calls some of the plotters of the bombing before the bombing takes place. The prosecution will show records revealing that bin Laden calls Kenya 16 times, apparently all before an August 1997 raid on the Nairobi, Kenya, house of Wadih El-Hage (see August 21, 1997), who is taking part in the embassy bombing plot and is bin Laden’s former personal secretary. The transcripts of two calls between El-Hage and al-Qaeda leader Mohammed Atef (using bin Laden’s phone) are even read to the jury in the trial. The defense however, shows that at least 40 additional calls are made from bin Laden’s phone to Kenya after El-Hage left Kenya in September 1997. Further, El-Hage makes some calls to Khalid al-Fawwaz, who essentially is serving as bin Laden’s press secretary in London and is being frequently called by bin Laden around the same time. The transcript of a February 1997 call between El-Hage and Mohamed Saddiq Odeh, one of the other embassy bombing plotters, is also read to the jury. The US had been wiretapping El-Hage’s phone and other phones connected to the al-Qaeda Kenya cell, since at least April 1996 (see April 1996). [CNN, 4/16/2001] In one call, El-Hage is overheard saying after returning from visiting bin Laden in Afghanistan that bin Laden has given the Kenya al-Qaeda cell a “new policy.” After the raid on El-Hage’s house, US investigators will discover that policy is “militarizing” the cell. But most details of what is said in these calls has not been made public. [Washington Post, 5/2/2001] In another call in July 1997, cell member Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) specifies which mobile phone the cell needs to use when calling bin Laden. [New York Times, 1/13/2001] US intelligence also listens in during this time as bin Laden frequently calls the Kenya office of Mercy International, an office that is being monitored because of suspected al-Qaeda ties (see Late 1996-August 20, 1998). It has not been explained how the US failed to stop the August 1998 embassy bombings, given their surveillance of all these calls before the bombing took place.

Entity Tags: Fazul Abdullah Mohammed, Wadih El-Hage, Mohammed Atef, Osama bin Laden, Khalid al-Fawwaz, Mohammed Saddiq Odeh

Timeline Tags: Complete 911 Timeline

Starting in 1997, the FBI constructs a sophisticated surveillance system that can perform near-instantaneous wiretaps on almost any telephone, cell phone, and Internet communications device, according to documents declassified in August 2007. The system is called the Digital Collection System Network, or DCSNet. It connects FBI wiretapping rooms to switches controlled by land-line operators, Internet-telephony companies, and cellular providers. The documents show that DCSNet is, in reporter Ryan Singel’s words, “far more intricately woven into the nation’s telecom infrastructure than observers suspected.” Steven Bellovin, a computer science professor and surveillance expert, calls DCSNet a “comprehensive wiretap system that intercepts wire-line phones, cellular phones, SMS [short message service, a protocol allowing mobile devices to exchange text messages], and push-to-talk systems.” The system is an entire suite of software that together collects, sifts, and stores phone numbers, phone calls, and text messages. The system directly connects FBI wiretapping offices around the country to a sprawling private communications network. DCSNet is composed of three main clients:
bullet The DCS-3000, also called “Red Hook,” handles pen-registers and trap-and-traces, a type of surveillance that collects signaling information but not communications content.
bullet The DCS-6000, or “Digital Storm,” captures and collects the content—the spoken or written communications—of phone calls and text messages.
bullet The most classified system of the three, the DCS-5000, is used for wiretaps targeting spies or terrorists.
Between the three, the system can allow FBI agents to monitor recorded phone calls and messages in real time, create master wiretap files, send digital recordings to translators, track the location of targets in real time using cell-tower information, and stream intercepts to mobile surveillance vans. The entire system is operated through a private, secure and self-contained backbone that is run for the government by Sprint. Singel gives the following example: “The network allows an FBI agent in New York, for example, to remotely set up a wiretap on a cell phone based in Sacramento, California, and immediately learn the phone’s location, then begin receiving conversations, text messages and voicemail pass codes in New York. With a few keystrokes, the agent can route the recordings to language specialists for translation.” Dialed numbers are subjected to data mining, including so-called “link analysis.” The precise number of US phones being monitored and recorded in this way is classified.
Genesis of DCSNet - The system was made possible by the 1994 Communications Assistance for Law Enforcement Act (CALEA) (see January 1, 1995), which mandated that telecom providers must build “backdoors” in US telephone switches to be used by government wiretappers. CALEA also ordered telecom firms to install only switching equipment that met detailed wiretapping standards. Before CALEA, the FBI would bring a wiretap warrant to a particular telecom, and that firm would itself create a tap. Now, the FBI logs in directly to the telecom networks and monitors a surveillance target itself through DCSNet. FBI special agent Anthony DiClemente, chief of the Data Acquisition and Intercept Section of the FBI’s Operational Technology Division, says the DCS was originally intended in 1997 to be a temporary solution, but has grown into a full-featured CALEA-collection software suite. “CALEA revolutionizes how law enforcement gets intercept information,” he says. “Before CALEA, it was a rudimentary system that mimicked Ma Bell.” Now, under CALEA, phone systems and Internet service providers have been forced to allow DCSNet to access almost all of its data (see 1997-August 2007 and After).
Security Breaches - The system is vulnerable to hacking and security breaches (see 2003). [Wired News, 8/29/2007]

Entity Tags: Steven Bellovin, Ryan Singel, Federal Bureau of Investigation, Anthony DiClemente, Operational Technology Division (FBI), Communications Assistance for Law Enforcement Act (CALEA), Digital Collection System, Data Acquisition and Intercept Section (FBI), Sprint/Nextel

Timeline Tags: Civil Liberties

The US military and other government agencies conduct a military exercise called “Eligible Receiver 97” to ascertain the nation’s vulnerability to electronic attacks by other states or terrorists. A Red Team of “hackers” from the NSA penetrates military computers and civilian infrastructure in the telecommunications and electricity industries. While the details are classified, officials say that the exercise shows that the US could suffer a catastrophic attack in the form of an “electronic Pearl Harbor.” The electricity could be shut down and the 911 emergency phone service could be disrupted. These fears will find confirmation after 9/11 when evidence of possible cyber attacks by al-Qaeda will be uncovered (see Summer 2001 and 2002). [CNN, 11/7/1997; Washington Times, 4/16/1998; Washington Post, 5/24/1998; CNN, 4/6/1999; Air Force Magazine, 12/2005] However, George Smith, a computer security expert, discounts the threat. An electronic Pearl Harbor, he says, is “not likely.” Computer viruses and other forms of computer attack are not effective weapons and the vulnerability of the civilian infrastructure is exaggerated. [Issues in Science and Technology, 1998]

Entity Tags: US Department of Defense, George Smith

Timeline Tags: Complete 911 Timeline

Al Haramain Islamic Foundation’s main office in Riyadh, Saudi Arabia.Al Haramain Islamic Foundation’s main office in Riyadh, Saudi Arabia. [Source: Bilal Qabalan / Agence France-Presse / Getty Images]Wadih El-Hage has been bin Laden’s personal secretary since the early 1990s. When US agents raid his house in Nairobi, Kenya, they seize his address book (see August 21, 1997), which contains the names and phone numbers for many other al-Qaeda operatives. [CNN, 5/25/2001] The names discovered in the book include:
bullet Ali Mohamed, the al-Qaeda double agent living in California. US investigators are already tapping his California phone and have been tapping calls between him and El-Hage since at least 1996 (see April 1996).
bullet Mamoun Darkazanli. He is a Syrian-born businessman living in Hamburg, Germany, who has contacts with Mohamed Atta’s al-Qaeda cell in the same city. Darkazanli’s name and phone number are listed, and El-Hage even has a business card listing El-Hage’s address in Texas and Darkazanli’s address in Hamburg (see Late 1998).
bullet Ghassan Dahduli. He works at two US non-profit organizations, the Islamic Association for Palestine and InfoCom. Both organizations will be shut down for supporting terrorist networks (see September 16, 1998-September 5, 2001).
bullet Salah al-Rajhi (see Shortly After August 21, 1997). He and his brother of Sulaiman Abdul Aziz al-Rajhi, are billionaires and jointly own the Al-Rajhi Banking & Investment Corp. Sulaiman started a network of organizations in Herndon, Virginia known as the SAAR network (named for the four initials in his name). This network will be raided by US officials in 2002 for suspected terrorist funding ties (see March 20, 2002). [Newsweek, 12/9/2002]
bullet Ihab Ali Nawawi, an al-Qaeda operative living in Florida. He is referred to as “Ihab Ali” and his location in Tampa, Florida, is mentioned. He will not be arrested until May 1999 (see May 18, 1999). [United States of America v. Usama Bin Laden, et al., Day 39, 5/3/2001]
bullet Essam Marzouk. He is linked to both al-Qaeda and Islamic Jihad and is living in Vancouver, Canada at the time. He will later train the 1998 embassy bombers. It is unclear if the link to Marzouk is shared with Canadian intelligence (see Shortly After August 21, 1997). [National Post, 3/19/2002]
bullet Essam al Ridi. He is a US citizen and a pilot who helped bin Laden buy an airplane in the US in the early 1990s (see Early 1993). He appears to have no militant ties after that. In late 1999, US prosecutors will contact al Ridi where he is living in Bahrain and convince him to testify against El-Hage and others involved in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998). [CNN, 7/2/2002]
bullet Farid Adlouni. He is a civil engineer living in Lake Oswego, Oregon. In 1996 and 1997, El-Hage calls Adlouni in Oregon 72 times, sometimes just before or after meeting with bin Laden. Adlouni’s home phone and fax numbers are be found in two personal phone directories and one notebook kept by El-Hage (see Shortly After August 21, 1997). Earlier in 1997, El-Hage also sent him a fax written by al-Qaeda leader Mohammed Atef (see Febuary 25, 1997). Records show that El-Hage has extensive dealings with Adlouni, mostly by selling gems El-Hage bought in Africa for a better price in the US. The FBI interviews Adlouni twice in late 1997, but he is not arrested. As of 2002, it will be reported that he continues to live in Oregon and remains a “person of interest” and subject of investigation by the FBI. [Oregonian, 9/13/2002]
bullet Khalid al-Fawwaz. He is al-Qaeda’s de facto press secretary in London. El-Hage gives al-Fawwaz’s correct name, London phone number, and street address, but lists him as living in Texas. Presumably this is a slight attempt at subterfuge. [United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001]
bullet A business card in the name Mamdouh M. Salim is found. This is a reference to Mamdouh Mahmud Salim, a known al-Qaeda leader. [United States of America v. Usama Bin Laden, et al., Day 37, 5/1/2001]
bullet A business card belonging to Mansour al-Kadi is found. [New Yorker, 4/21/2008] Al-Kadi is the Deputy General of the Al Haramain Islamic Foundation, a suspect Saudi charity closely linked to the Saudi government. Al-Kadi will be fired in early 2004 and the entire foundation will be shut down several months later (see March 2002-September 2004). The Treasury Department will later say that Al Haramain has a role in the 1998 African embassy bombings (see Autumn 1997). [US Treasury Department, 9/9/2004]
bullet Several business cards relating to the International Islamic Relief Organization (IIRO). A 1996 CIA report connected the IIRO to terrorist funding, but the IIRO will not be prosecuted due to its close ties to the Saudi government (see January 1996 and October 12, 2001). [Newsweek, 12/9/2002]
bullet According to author Douglas Farah, the address book is “full of the names of diamond dealers and jewelers, often including the purchaser’s home phone number.” This suggests al-Qaeda could be profiting from the diamond trade in Africa. [Farah, 2004, pp. 64-65]
But Farah also will note in 2004 that many of the leads from El-Hage’s address book and other documents discovered around the same time are not fully explored. In fact, he says that “Most of El-Hage’s notebooks, written in Arabic, have still not been translated into English.” [Farah, 2004, pp. 64-65]

Entity Tags: Ihab Ali Nawawi, International Islamic Relief Organization, Mamdouh Mahmud Salim, Khalid al-Fawwaz, Mamoun Darkazanli, Ghassan Dahduli, Farid Adlouni, Ali Mohamed, Essam Marzouk, Essam al Ridi, Wadih El-Hage, Salah al-Rajhi, Mansour al-Kadi, Al Haramain Islamic Foundation

Timeline Tags: Complete 911 Timeline

Al Haramain Foundation’s Kenya office in 2004.Al Haramain Foundation’s Kenya office in 2004. [Source: Associated Press]An informant tells an intelligence agency allied to the US that the Nairobi, Kenya, branch of a Saudi charity named the Al Haramain Islamic Foundation is plotting to blow up the US embassy in Nairobi. The chief of the CIA station in Kenya passes on this informant’s warning to Ambassador Prudence Bushnell and others at the embassy. On October 31, 1997, the Kenyan government acts on the informants’ tip, arresting nine Arabs connected to the charity and seizing their files.
Charity Already Linked to Al-Qaeda Cell in Kenya - A 1996 secret CIA report shows the CIA has already linked Al Haramain to militants, smuggling, drug running, and prostitution (see January 1996). In August 1997, US intelligence raids the Kenya house of Wadih el-Hage because they correctly believe he is heading an al-Qaeda cell there (see August 21, 1997). The raid uncovers a business card belonging to Mansour al-Kadi, the Deputy General of Al Haramain’s worldwide operations (see Shortly After August 21, 1997).
CIA Fails to Take Warning Seriously - The CIA sends a special team to analyze the files and finds no evidence of a plot. This team wants to question the nine arrested Arabs, but the CIA station chief refuses to ask the Kenyan government for access to the suspects, saying he doesn’t want to bother them any more about the issue. The CIA drops the investigation and the nine Arabs are deported. Ambassador Bushnell is told that the threat has been eliminated. But some members of the CIA team are furious and feel that their investigation was short-circuited. Some intelligence officials believe at the time that members of the charity have ties to bin Laden. [New York Times, 1/9/1999]
Charity Later Linked to Kenya Bombings - The Nairobi embassy will be bombed in August 1998 (see 10:35-10:39 a.m., August 7, 1998). In 2004, it will be reported that according to US officials, “A wholesale fish business financed with Al Haramain funds… steered profits to the al-Qaeda cell behind the [embassy bombing].” One of the bombers confessed days after the bombing that this “business was for al-Qaeda.” [Associated Press, 6/7/2004] In 2004, the Treasury Department will say that two members of the Al Haramain branch in the nearby Comoros Islands helped some of the bombers escape from Kenya after the bombings. [US Treasury Department, 9/9/2004]
Charity Stays Open, Linked to Later Kenya Bombing - A month later after the bombing,s the Kenyan government will ban Al Haramain from the country, but its office nonetheless remains open. Some funds connected to it are believed to have helped support the al-Qaeda cell behind the 2002 bombings in Mombasa, Kenya (see November 28, 2002). Yet Al Haramain’s Kenya office still remains open until late 2004, when Al Haramain is shut down worldwide (see March 2002-September 2004). [Associated Press, 6/7/2004]

Entity Tags: Wadih El-Hage, Al-Qaeda, Prudence Bushnell, Central Intelligence Agency, Mansour al-Kadi, Al Haramain Islamic Foundation

Timeline Tags: Complete 911 Timeline

The Texas tire store where El-Hage worked in 1997.The Texas tire store where El-Hage worked in 1997. [Source: CNN]In August 1997, US intelligence raids the home of Wadih El-Hage, bin Laden’s former personal secretary and a US citizen (see August 21, 1997). With his cover blown, El-Hage decides to return to the US. Arriving at a New York City airport on September 23, he is served with a subpoena to testify before a grand jury the next day. He testifies for several hours and is questioned extensively. [United State of America v. Usama Bin Laden, et al., Day 36, 4/30/2001] US prosecutor Patrick Fitzgerald will later claim that “El-Hage chose to lie repeatedly to the grand jury, but even in his lies he provided some information of potential use to the intelligence community—including potential leads” to the location of his confederates and wanted missing files. [New York Times, 1/9/1999; US Congress, 10/21/2003] But after this, El-Hage is not arrested. He moves back to Texas, where he had lived in the early 1990s, and works in a tire store. [Arizona Republic, 9/28/2001] In October 1997, he is interviewed by agents in Texas [United State of America v. Usama Bin Laden, et al., Day 28, 4/12/2001] , and then left alone until August 1998 when he will be interrogated again shortly after the bombings in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). He is ultimately arrested and found guilty for his role in those bombings.

Entity Tags: Wadih El-Hage, Patrick J. Fitzgerald

Timeline Tags: Complete 911 Timeline

Fazul Abdullah Mohammed.Fazul Abdullah Mohammed. [Source: Daily Nation]Shortly after the US raid on Wadih El-Hage’s house in Nairobi, Kenya (see August 21, 1997), US investigators discover a letter in the house that mentions a cache of incriminating files had been moved from the house and hidden elsewhere. Investigators suspect the files could contain evidence of a coming attack by El-Hage’s Nairobi cell. A law enforcement official later says US investigators begin a “somewhat frantic, concerted effort” to locate the missing files. “The concern was high enough about something being out there to go right away.” A search for the files is conducted at another location in Kenya in September 1997, but the files are not found. [New York Times, 1/9/1999] But despite this search, and even though other documents found in the raid refer to other unknown members of the cell and the imminent arrival of more operatives (see Shortly After August 21, 1997), the wiretaps on five phone numbers connected to El-Hage are discontinued in October 1997, one month after El-Hage moved to the US (see September 24, 1997). Fazul Abdullah Mohammed (a.k.a. Haroun Fazul), who had been living with El-Hage and using the same phones as him, takes over running the cell. US intelligence will resume monitoring the phones in May 1998 and continue to monitor them through August 1998 (see May 1998), when the cell will successfully attack US embassies in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). It will be stated in the 2002 book The Cell, “The hardest thing to understand in retrospect is why US law enforcement did nothing else to disrupt the activities of the Nairobi cell” after the raid on El-Hage’s house. [New York Times, 1/13/2001; Miller, Stone, and Mitchell, 2002, pp. 203-205] The files will be found only after the African embassy bombings, when the offices of the charity Mercy International are searched on August 20, 1998. They will contain incriminating information, including numerous phone calls from bin Laden to Nairobi. [United States of America v. Usama Bin Laden, et al, 3/20/2001] It is not clear why the charity was not searched before the attacks, since two of the five phones monitored since 1996 were to Mercy’s Kenya offices (see Late 1996-August 20, 1998).

Entity Tags: Fazul Abdullah Mohammed, Mercy International, US intelligence, Wadih El-Hage

Timeline Tags: Complete 911 Timeline

November 1997: Ali Soufan Joins the FBI

Ali Soufan.Ali Soufan. [Source: CBS News]Ali Soufan joins the FBI. Soufan is a US citizen and recently graduated from a US university, but he is a Muslim who was born and raised in Lebanon and speaks fluent Arabic, making him particularly suited to understanding Islamist militant threats. Soufan is assigned to the FBI’s New York office, which happens to be the office taking the lead in cases involving Osama bin Laden. Initially, Soufan is assigned to Mafia cases. But he has had a long-standing interest in bin Laden, and after reading in an Arabic newspaper about bin Laden’s fatwa (religious edict) against the US in February 1998 (see February 22, 1998), he will write an FBI memo explaining the fatwa’s significance. This will get him increasingly involved in counterterrorism cases, and shortly after the East African embassy bombings in August 1998 (see 10:35-10:39 a.m., August 7, 1998), he will be assigned to the FBI’s Joint Terrorism Task Force (JTTF). He will begin working with FBI bin Laden expert John O’Neill and the counterterrorism I-49 squad, which is increasingly focusing on bin Laden. [Soufan, 2011, pp. 1-16]

Entity Tags: I-49, Ali Soufan, John O’Neill, Federal Bureau of Investigation, Osama bin Laden, Joint Terrorism Task Force

Timeline Tags: Complete 911 Timeline

Prudence Bushnell.
Prudence Bushnell. [Source: PBS]By December 1997, Prudence Bushnell, the US Ambassador to Kenya, is aware that her embassy could be in danger. She has been told of an August 1997 warning that proved there was an al-Qaeda cell in Nairobi (see Late 1994), a precise (and ultimately accurate) November 1997 warning detailing a plot to attack the embassy (see November 1997), and other recent warnings, including information indicating that she is an assassination target. She sends two cables to State Department headquarters in Washington, claiming that the embassy’s location makes it “extremely vulnerable to a terrorist attack,” and asks for security improvements to be made. The State Department turns down her requests and begins to see Bushnell as a nuisance. In early 1998, General Anthony Zinni, the commander of US forces in the region, visits the Nairobi embassy and decides it is vulnerable to terrorist attacks. He offers to send a security team to inspect the situation, but his offer is turned down. The State Department sends its own team instead and in March 1998 determines that about $500,000 worth of easily implemented improvements should make the embassy secure. But the money is not quickly allocated. Bushnell then sends “an emotional letter to Secretary of State Madeleine K. Albright begging for the Secretary’s personal help.” She says she has been fighting for months for a more secure embassy as threats increase, and that the State Department’s refusal to grant her requests for funding is “endangering the lives of embassy personnel.” Albright takes no action. The embassy will be bombed in August (see 10:35-10:39 a.m., August 7, 1998). [New York Times, 1/9/1999]

Entity Tags: Prudence Bushnell, US Department of State, Anthony Zinni, Madeleine Albright

Timeline Tags: Complete 911 Timeline

Ali Mohamed, the al-Qaeda double agent living in California, receives a letter from Ihab Ali Nawawi (an apparent al-Qaeda sleeper cell operative living in Orlando, Florida, at the time (see September 1999)). Nawawi tells Mohamed that Wadih El-Hage, a key member of the al-Qaeda cell in Kenya, has been interviewed by the FBI (see August 21, 1997). Mohamed is given a new contact number for El-Hage. Mohamed calls El-Hage and speaks to him about this, then calls other operatives who pass on the warning of the FBI’s interest in El-Hage to bin Laden. US intelligence is monitoring Mohamed’s phone calls at this time, so presumably they are aware of these connections. [New York Times, 10/24/2000; Raleigh News and Observer, 10/21/2001; Chicago Tribune, 12/11/2001] Yet, despite all of these monitored communications, neither Mohamed, nor Nawawi, nor El-Hage, are apprehended at this time, even though all three are living in the US. Their plot to blow up two US embassies in Africa succeeds in August 1998 (see 10:35-10:39 a.m., August 7, 1998).

Entity Tags: Wadih El-Hage, Ihab Ali Nawawi, Ali Mohamed

Timeline Tags: Complete 911 Timeline

“Just months before” the US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), Kenyan intelligence warns the CIA about an imminent plot to attack the US embassy in Nairobi, Kenya. Paul Muite, a prominent lawyer and legislator in Kenya, later says he was told the CIA showed the Kenyan warning to the Mossad, who was dismissive about its reliability. The CIA then chose to ignore it. [Miller, Stone, and Mitchell, 2002, pp. 206]

Entity Tags: Central Intelligence Agency, Kenya, Paul Muite, Israel Institute for Intelligence and Special Tasks (Mossad)

Timeline Tags: Complete 911 Timeline

US intelligence resumes monitoring the al-Qaeda cell in Kenya, and continues to listen in all the way through the US embassy attacks that the cell implements in August 1998 (see 10:35-10:39 a.m., August 7, 1998). US intelligence had begun wiretapping five phones used by the cell by late 1996, including the phones of cell leader Wadih El-Hage and two phones belonging to Mercy International, a charity believed to have been used as a front by the Kenya cell. The monitoring stopped in October 1997, though it is not clear why. The New York Times will report that “after a break, [monitoring] began again in May 1998, just months before the bombing and precisely during the time the government now asserts the attack was being planned.” It is not known what caused the monitoring to resume nor has it been explained how the cell was able to succeed in the embassy attacks while being monitored. [New York Times, 1/13/2001]

Entity Tags: Mercy International, Al-Qaeda, Wadih El-Hage

Timeline Tags: Complete 911 Timeline

Mamdouh Mahmud Salim (a.k.a. Abu Hajer), a high-ranking al-Qaeda leader, visits Bosnia for unknown reasons and connects with a charity suspected of financing bin Laden’s organization. Salim was one of the founders of al-Qaeda and will be arrested in Germany later in the year (see September 16, 1998) and charged in connection with the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Records show that the Bosnia branch of the US-based Benevolence International Foundation (BIF) sponsored Salim’s visa, reserved him an apartment, and identified him as one of its directors. A BIF mole in Bosnian intelligence is able to tip off Salim that investigators are onto him, so he is not caught (see September 1996-June 2000). Intelligence officials will question BIF officers about Salim’s trip in early 2000, but the reason for the trip remains a mystery. [New York Times, 6/14/2002]

Entity Tags: Benevolence International Foundation, Mamdouh Mahmud Salim

Timeline Tags: Complete 911 Timeline

Top: Bin Laden, surrounded by security, walking to the press conference. Bottom: the three journalists attending the press conference sit next to bin Laden.Top: Bin Laden, surrounded by security, walking to the press conference. Bottom: the three journalists attending the press conference sit next to bin Laden. [Source: CNN]Bin Laden discusses “bringing the war home to America,” in a press conference from Khost, Afghanistan. [US Congress, 9/18/2002] Bin Laden holds his first and only press conference to help publicize the fatwa he published several months before. Referring to the group that signed the fatwa, he says, “By God’s grace, we have formed with many other Islamic groups and organizations in the Islamic world a front called the International Islamic Front to do jihad against the crusaders and Jews.” He adds later, “And by God’s grace, the men… are going to have a successful result in killing Americans and getting rid of them.” [CNN, 8/20/2002] He also indicates the results of his jihad will be “visible” within weeks. [US Congress, 7/24/2003] Two US embassies will be bombed in August (see 10:35-10:39 a.m., August 7, 1998). Bin Laden sits next to Ayman al-Zawahiri and Mohammed Atef during the press conference. Two Pakistani journalists and one Chinese journalist attends. But event never gets wide exposure because no independent videotaping is allowed (however, in 2002 CNN will obtain video footage of the press conference seized after the US conquered Afghanistan in late 2001). Pakistani journalist Ismail Khan attends and will later recall, “We were given a few instructions, you know, on how to photograph and only take a picture of Osama and the two leaders who were going to sit close by him. Nobody else.” Two sons of Sheikh Omar Abdul-Rahman attend and distribute what they claim is the will or fatwa of their father (see May 1998), who has been sentenced to life in prison in the US. Journalist Peter Bergen will later comment that the significance of the sons’ presence at the press conference “can’t be underestimated” because it allows bin Laden to benefit from Abdul-Rahman’s high reputation amongst radical militants. Bergen also later says the press conference is a pivotal moment for al-Qaeda. “They’re going public. They’re saying, ‘We’re having this war against the United States.’” [CNN, 8/20/2002] The specific comment by bin Laden about “bringing the war home to America” will be mentioned in the August 2001 memo given to President Bush entitled “Bin Laden Determined to Strike in US” (see August 6, 2001).

Entity Tags: Osama bin Laden, Ismail Khan, Ayman al-Zawahiri, Ahmad Abdul-Rahman, Mohammed Atef, Mohammed Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A joint surveillance operation conducted by the CIA and Albanian intelligence identifies an Islamic Jihad cell that is allegedly planning to bomb the US Embassy in Tirana, Albania’s capital. The cell was created in the early 1990s by Mohammed al-Zawahiri, brother of Islamic Jihad and al-Qaeda leader Ayman al-Zawahiri. The operation intercepts lengthy discussions between the cell and Ayman. [New Yorker, 2/8/2005; Wright, 2006, pp. 269] At the behest of the US government, Egypt, which is co-operating with the US over renditions (see Summer 1995), issues an arrest warrant for Shawki Salama Attiya, one of the militants in the cell. Albanian forces then arrest Attiya and four of the other suspected militants. A sixth suspect is killed, but two more escape. The men are taken to an abandoned airbase, where they are interrogated by the CIA, and then flown by a CIA-chartered plane to Cairo, Egypt, for further interrogation. The men are tortured after arriving in Egypt:
bullet Ahmed Saleh is suspended from the ceiling and given electric shocks; he is later hanged for a conviction resulting from a trial held in his absence;
bullet Mohamed Hassan Tita is hung from his wrists and given electric shocks to his feet and back;
bullet Attiya is given electric shocks to his genitals, suspended by his limbs and made to stand for hours in filthy water up to his knees;
bullet Ahmed al-Naggar is kept in a room for 35 days with water up to his knees, and has electric shocks to his nipples and penis; he is later hanged for an offence for which he was convicted in absentia;
bullet Essam Abdel-Tawwab will also describe more torture for which prosecutors later find “recovered wounds.”
On August 5, 1998, a letter by Ayman al-Zawahiri will be published that threatens retaliation for the Albanian abductions (see August 5, 1998). Two US embassies in Africa will be bombed two days later (see 10:35-10:39 a.m., August 7, 1998). [Washington Post, 3/11/2002, pp. A01; New Yorker, 2/8/2005; Grey, 2007, pp. 128] The US State Department will later speculate that the timing of the embassy bombings was in fact in retaliation for these arrests. [Ottawa Citizen, 12/15/2001]

Entity Tags: Mohamed Hassan Tita, Shawki Salama Attiya, Mohammed al-Zawahiri, Albania, Central Intelligence Agency, Ahmed Saleh, Ahmed al-Naggar, Ayman al-Zawahiri, Essam Abdel-Tawwab, Islamic Jihad

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Kosovar Albanian Struggle

On May 26, 1998, Osama bin Laden said at a press conference that there would be “good news” in coming weeks (see May 26, 1998). On June 12, the State Department issues a public warning, stating, “We take those threats seriously and the United States is increasing security at many US government facilities in the Middle East and Asia.” Notably, the State Department does not mention increasing security in Africa. Two US embassies will be bombed there in August 1998 (see 10:35-10:39 a.m., August 7, 1998). There are no other public warnings given before the embassy bombings. [Bergen, 2001, pp. 110]

Entity Tags: Osama bin Laden, US Department of State

Timeline Tags: Complete 911 Timeline

The British intelligence service MI6 and Moroccan intelligence approach al-Qaeda operative L’Houssaine Kherchtou in an attempt to recruit him. Kherchtou is disillusioned with al-Qaeda and has been under surveillance by the Moroccans for some time. The results of the first meeting are not known, but after it Kherchtou returns to Nairobi, Kenya, where he had helped with a plot to bomb the US embassy and provided his apartment to other conspirators (see Late 1993-Late 1994), and makes contact with other cell members again in early August. He apparently does not know the precise details of the operation, but when the attack happens (see 10:35-10:39 a.m., August 7, 1998), he realizes who did it. MI6 is aware that he is in Kenya and he is detained at the airport by local authorities and turned over to them. MI6 debriefs him about the embassy bombings, but this information is not immediately shared with the FBI (see Shortly After August 7, 1998), which later takes him into custody (see Summer 2000). [American Prospect, 6/19/2005]

Entity Tags: UK Secret Intelligence Service (MI6), Direction de la Surveillance du Territoire (Morocco), L’Houssaine Kherchtou

Timeline Tags: Complete 911 Timeline

Khalid al-Fawwaz.Khalid al-Fawwaz. [Source: CNN]The NSA is monitoring phone calls between bin Laden in Afghanistan and Khalid al-Fawwaz in London, yet no action is taken after al-Fawwaz is given advanced notice of the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Al-Fawwaz, together with Ibrahim Eidarous and Adel Abdel Bary, are operating as bin Laden’s de facto international media office in London, and the NSA has listened in for two years as bin Laden called them over 200 times (see November 1996-Late August 1998). On July 29, 1998, al-Fawwaz is called from Afghanistan and told that more satellite minutes are needed because many calls are expected in the next few days. Al-Fawwaz calls a contact in the US and rush orders 400 more minutes for bin Laden’s phone. A flurry of calls on bin Laden’s phone ensues, though what is said has not been publicly revealed. [Knight Ridder, 9/20/2001] On August 7 at around 4:45 a.m., about three hours before the bombings take place, a fax taking credit for the bombings is sent to a shop near al-Fawwaz’s office. The fingerprints of his associates Eidarous and Abdel Bary are later found on the fax. They fax a copy of this to the media from a post office shortly after the bombings and their fingerprints are found on that fax as well. [Seattle Post-Intelligencer, 7/13/1999; Daily Telegraph, 9/19/2001] Canadian intelligence is monitoring an operative named Mahmoud Jaballah who is serving as a communication relay between operatives in Baku and London. He is monitored talking to people both in Baku and London just before the fax is sent from Baku to London (see August 5-7, 1998). The NSA has also been monitoring the operatives in Baku (see November 1996-Late August 1998). It is not clear why the Canadians or the NSA fail to warn about the bombings based on these monitored phone calls. Before 9/11, bin Laden’s phone calls were regularly translated and analyzed in less an hour or so. It has not been explained why this surge of phone calls before the embassy bombings did not result in any new attack warnings. The three men will be arrested shortly after the embassy bombings (see Early 1994-September 23, 1998).

Entity Tags: National Security Agency, Khalid al-Fawwaz, Osama bin Laden, Adel Abdel Bary, Ibrahim Eidarous, Mahmoud Jaballah

Timeline Tags: Complete 911 Timeline

US intelligence is reportedly monitoring a “very important source” in Khartoum, Sudan, during the time of the August 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). An unnamed US official working in Sudan at the time will later tell this to journalist Jonathan Randal. This official will claim the US is intercepting telephone communications between this source and al-Qaeda at least during 1998. The name of the source has not been revealed, but this person is considered so important that after the embassy bombings the US will consider killing the source in retaliation. However, a different target is chosen because the source either knows nothing about the bombings or at least does not mention them in intercepted conversations. [Randal, 2005, pp. 152] It is not known when this surveillance ends or what happens to the source.

Entity Tags: US intelligence, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Sayyid Iskandar Suliman. This picture is from a poor photocopy of his passport found in Sudanese intelligence files.Sayyid Iskandar Suliman. This picture is from a poor photocopy of his passport found in Sudanese intelligence files. [Source: Public domain via Richard Miniter]On August 4, 1998, Sudanese immigration suspects two men, Sayyid Nazir Abbass and Sayyid Iskandar Suliman, arriving in Sudan, apparently due to something in their Pakistani passports. They attempt to rent an apartment overlooking the US embassy. Three days later, US embassies are bombed in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). Within hours, Sudanese officials arrest Abbass and Suliman. The two of them had just come from Kenya, and one of them quickly admits to staying in the same hotel in Kenya as some of the embassy bombers. Sudanese intelligence believes they are al-Qaeda operatives involved in the bombings. [Observer, 9/30/2001; Vanity Fair, 1/2002; Randal, 2005, pp. 132-135] The US embassy in Sudan has been shut down for several years. But around August 14, a Sudanese intelligence official contacts an intermediary and former White House employee named Janet McElligott and gives her a vague message that Sudan is holding important suspects and the FBI should send a team immediately to see if they want to take custody of them. [Randal, 2005, pp. 132-135] The FBI wants the two men, but on August 17, Secretary of State Madeleine Albright forbids their extradition. The US has decided to bomb a factory in Sudan in retaliation for the embassy bombings instead of cooperating with Sudan. But FBI agent John O’Neill is not yet aware of Albright’s decision, and word of the Sudanese offer reaches him on August 19. He wants immediate approval to arrest the two suspects and flies to Washington that evening to discuss the issue with counterterrorism “tsar” Richard Clarke. But Clarke tells O’Neill to speak to Attorney General Janet Reno. Later that night, O’Neill talks to Reno and she tells him that the decision to retaliate against Sudan instead has already been made. Mere hours later, the US attack a factory in Sudan with cruise missiles (see August 20, 1998). Within days, it becomes apparent that the factory had no link to al-Qaeda (see September 23, 1998), and no link between the bombings and the Sudanese government will emerge (although Sudan harbored bin Laden until 1996). [Randal, 2005, pp. 132-138] The Sudanese will continue to hold the two men in hopes to make a deal with the US. But the US is not interested, so after two weeks they are send to Pakistan and set free there (see August 20-September 2, 1998).

Entity Tags: US Department of State, Sayyid Nazir Abbass, Sayyid Iskandar Suliman, Sudan, Osama bin Laden, Janet Reno, John O’Neill, Madeleine Albright, Richard A. Clarke, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

The Islamic Jihad, a militant group that has joined forces with al-Qaeda, issues a statement threatening to retaliate against the US for its involvement rounding up an Islamic Jihad cell in Albania (see Summer 1998). It is believed Ayman al-Zawahiri wrote the statement, which says, “We wish to inform the Americans… of preparations for a response which we hope they read with care, because we shall write it with the help of God in the language they understand.” The bombing of two US embassies in Africa follows two days later (see 10:35-10:39 a.m., August 7, 1998). [CNN, 1/2001; Wright, 2006, pp. 269]

Entity Tags: Islamic Jihad, Ayman al-Zawahiri

Timeline Tags: Complete 911 Timeline

Usama al-Kini, a.k.a. Fahid Muhammad Ally Msalam.Usama al-Kini, a.k.a. Fahid Muhammad Ally Msalam. [Source: FBI]Most of the al-Qaeda operatives involved in the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998) leave the country the night before the bombings. Abdullah Ahmed Abdullah and Ahmed Khalfan Ghailani fly from Nairobi to Karachi, Pakistan, on one flight. Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam), Mohammed Saddiq Odeh, and five unnamed bombers fly from Nairobi to Karachi with a stopover in Dubai on another flight. Some use false passports, but others, such as Abdullah, travel in their real name. Two others, Sheikh Ahmed Salim Swedan and Mustafa Fadhil, flew to Pakistan on August 2. Odeh is arrested at 5:30 a.m., Kenya time, while going through customs in Karachi, but the others on his flight are not (see 5:30 a.m., August 7, 1998). Two suicide bombers are killed in the bombings. The only operatives who remain in East Africa after the bombings are Fazul Abdullah Mohammed (a.k.a. Haroun Fazul), who volunteered to clean up the evidence in Kenya, and Khalfan Khamis Mohamed, who volunteered to do the same in Tanzania, plus Mohamed al-Owhali, one of the suicide bombers in Kenya who unexpectedly ran away at the last minute and survived with only minor injuries. [United Press International, 1/2/2001; United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001] Given the extent to which US intelligence was monitoring the members of the Kenyan cell (see April 1996 and May 1998), and even reportedly had multiple informants in the cell (see Before August 7, 1998), it is unclear how the US missed the departure of nearly every suspect from Kenya.

Entity Tags: Sheikh Ahmed Salim Swedan, Usama al-Kini, Mustafa Fadhil, Mohamed al-Owhali, Abdullah Ahmed Abdullah, Mohammed Saddiq Odeh, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Fazul Abdullah Mohammed

Timeline Tags: Complete 911 Timeline

Al-Qaeda operatives plan to bomb the US embassy in Kampala, Uganda, at the same time the embassies in Kenya and Tanzania are bombed (see 10:35-10:39 a.m., August 7, 1998), but there is a delay at the last moment. Police arrest 18 people over the next two weeks before the attack can be carried out. A Ugandan official will later say, “The attacks were planned to be more serious and devastating” than the other two. It is unclear what becomes of these 18 suspects; none of them are tried in the US. [Associated Press, 9/25/1998; Reeve, 1999, pp. 200]

Entity Tags: Al-Qaeda

Timeline Tags: Complete 911 Timeline

At approximately 5:30 in the morning, Kenya time, Mohammed Saddiq Odeh is arrested at the airport in Karachi, Pakistan. Odeh is one of the bombers in the embassy bombings which take place four hours later in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). [United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001]
Odeh Stopped Because of Alert Inspector or CIA? - He had flown out of Nairobi, Kenya, the night before, with his plane stopping in Dubai on the way to Pakistan (see August 6-7, 1998). According to some accounts, an inspector notices that Odeh’s passport picture has a beard, while Odeh does not have a beard and looks different. Furthermore, Odeh is unable to look the inspector in the eyes. But according to UPI, he is stopped because he had been identified by the CIA. In any case, over the next hours, he is handed over to intelligence officers and makes a full confession. He admits that he is a member of al-Qaeda, led by bin Laden, and that he is the head of the al-Qaeda cell in Kenya. He even gives the address of the villa where the bomb was built and the names of the other bombers. [Bergen, 2001, pp. 116; United Press International, 1/2/2001; Associated Press, 4/3/2001; Miller, Stone, and Mitchell, 2002, pp. 213]
False or Mistaken Account by CIA Officer - CIA officer Gary Berntsen heads the CIA’s emergency deployment team to Tanzania in the immediate wake of the bombings. He will improbably claim in a 2005 book that the US at first primarily suspects Hezbollah. According to him, it is only on August 15 when a CIA officer in Karachi happens to notice an article saying that an Arab traveling on a false passport was arrested in Karachi near the time of the bombings. This is discovered to be Odeh, who is transferred to US custody. Only then does al-Qaeda’s involvement become clear. Perhaps to support this timeline, Berntsen also falsely claims that another bomber, Mohamed al-Owhali, is arrested on August 15 when in fact he is arrested three days earlier. [United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001; Berntsen and Pezzullo, 2005]
Odeh's Confession and Other Al-Qaeda Evidence Kept Secret for Days - Publicly, the US does not link any evidence from the bombing to al-Qaeda until August 17, when Odeh’s confession is finally mentioned in front page news stories. Even then, the story is based on accounts from Pakistani officials and US officials say they cannot confirm it. [Washington Post, 8/17/1998] In fact, there is a wealth of information immediately tying al-Qaeda to the bombings that is kept secret, including wiretaps of many of the bombers (see April 1996 and May 1998), informants in the cell (see Before August 7, 1998), and even a statement of responsibility that was intercepted hours before the bombings had occurred (see August 5-7, 1998).

Entity Tags: Mohammed Saddiq Odeh, Mohamed al-Owhali, Central Intelligence Agency, Gary Berntsen, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right).Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right). [Source: Associated Press] (click image to enlarge)Two US embassies in Africa are bombed within minutes of each other. At 10:35, local time, a suicide car bomb attack in Nairobi, Kenya, kills 213 people, including 12 US nationals, and injures more than 4,500. Mohamed al-Owhali and someone known only as Azzam are the suicide bombers, but al-Owhali runs away at the last minute and survives. Four minutes later, a suicide car bomb attack in Dar es Salaam, Tanzania, kills 11 and injures 85. The attacks are blamed on al-Qaeda. Hamden Khalif Allah Awad is the suicide bomber there. [PBS Frontline, 2001; United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001] The Tanzania death toll is low because, remarkably, the attack takes place on a national holiday so the US embassy there is closed. [Miller, Stone, and Mitchell, 2002, pp. 195] The attack shows al-Qaeda has a capability for simultaneous attacks. The Tanzania bombing appears to have been a late addition, as one of the arrested bombers allegedly told US agents that it was added to the plot only about 10 days in advance. [United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001] A third attack against the US embassy in Uganda does not take place due to a last minute delay (see August 7, 1998). [Associated Press, 9/25/1998] August 7, 1998, is the eighth anniversary of the arrival of US troops in Saudi Arabia, and some speculate that is the reason for the date of the bombings. [Gunaratna, 2003, pp. 46] In the 2002 book The Cell, reporters John Miller, Michael Stone, and Chris Miller will write, “What has become clear with time is that facets of the East Africa plot had been known beforehand to the FBI, the CIA, the State Department, and to Israeli and Kenyan intelligence services.… [N]o one can seriously argue that the horrors of August 7, 1998, couldn’t have been prevented.” They will also comment, “Inexplicable as the intelligence failure was, more baffling still was that al-Qaeda correctly presumed that a major attack could be carried out by a cell that US agents had already uncovered.” [Miller, Stone, and Mitchell, 2002, pp. 195, 206] After 9/11, it will come to light that three of the alleged hijackers, Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi, had some involvement in the bombings (see October 4, 2001, Late 1999, and 1993-1999) and that the US intelligence community was aware of this involvement by late 1999 (see December 15-31, 1999), if not before.

Entity Tags: Hamden Khalif Allah Awad, Mohamed al-Owhali, Salem Alhazmi, Khalid Almihdhar, Azzam, Al-Qaeda, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline

In November 1997, an Egyptian named Mustafa Mahmoud Said Ahmed walked into the US embassy in Nairobi, Kenya, and told CIA officers of a group planning to blow up the embassy (see November 1997). His warning would turn out to be a startlingly accurate description of the 1998 US embassy bombing in Nairobi (see 10:35-10:39 a.m., August 7, 1998). Ahmed apparently is involved in the bombing of the US embassy in Dar es Salaam, Tanzania, that takes place the same day the Nairobi embassy is bombed. One day after the attacks, Ahmed contacts the British embassy and offers to help. He is overheard saying, “I told them everything I knew.” He also tells the British that it was “not the first time” he had cooperated with Western officials, and that he had been doing so “since last year.” [New York Times, 10/23/1998; New York Times, 1/9/1999] CIA officer Gary Berntsen will later reveal that he meets Ahmed as Ahmed is being kicked out of an allied government’s embassy. Berntsen then interviews Ahmed, and while the account of the interview is almost completely censored, Ahmed apparently gives information that leads to the arrest of one of the embassy bombers in Pakistan on August 15. This is the crucial break that allows the US to conclusively determine al-Qaeda’s role in the bombings and arrest some of the other bombers. [Berntsen and Pezzullo, 2005, pp. 22-25] The US does not ask for Ahmed’s extradition, and he is charged for the Tanzania bombing in that country. The New York Times will report, “Several non-American diplomats in the region [speculate] that the United States is allowing the Tanzanians to try Mr. Ahmed because they fear his trial in America might bring to light his dealings with American authorities and other Western intelligence services.” [New York Times, 10/23/1998; New York Times, 1/9/1999] In March 2000, Tanzania will announce that all charges against Ahmed have been dropped and he is being deported. No reason will be given. [New York Times, 3/20/2000]

Entity Tags: Gary Berntsen, Mustafa Mahmoud Said Ahmed, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Two days after the US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998), the FBI interview double agent Ali Mohamed over the telephone. Mohamed is living openly in California. He says al-Qaeda is behind the bombings and that he knows who the perpetrators are, but he won’t give their names to the FBI. He also tries to downplay his involvement in the bombings, saying that he lived in Kenya in 1994 and ran front companies for bin Laden there, but when he was shown a file containing a plan to attack the US embassy in Kenya, he “discouraged” the cell members from carrying out the attack. A week later, prosecutors subpoena Mohamed to testify before a grand jury hearing in New York to be held in September. Author Peter Lance will later comment, “Considering that Mohamed had told [US Attorney Patrick] Fitzgerald at their dinner meeting in the fall of 1997 (see October 1997) that he had fake passports and the means to leave the country quickly, it’s mind-boggling how long it took the Feds to search his home…” They do not arrive at his house until August 24 (see August 24, 1998). On August 27, he again tells the FBI on the phone that he knows who the bombers are but again refuses to name names. He will not be arrested until September 10 (see September 10, 1998). [New York Times, 1/13/2001; Lance, 2006, pp. 296]

Entity Tags: Ali Mohamed, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Mohamed al-Owhali is arrested and immediately begins confessing to FBI investigators his role in the recent al-Qaeda bombing of the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998). In addition to revealing the existence of an al-Qaeda network in the US planning an attack there (August 12-25, 1998) and also revealing the phone number of a key al-Qaeda communications hub in Yemen (see Late August 1998), it appears he also reveals al-Qaeda plans for an attack in Yemen. In October 2000, Al-Qaeda operatives bombed the USS Cole in a port in Yemen (see October 12, 2000). In January 2001, in coverage of al-Owhali’s trial for his role in the embassy bombings, a court document mentions that during his interrogation he mentioned “a possible attack in Yemen.” [CNN, 1/19/2001] However, one newspaper notes, “It could not be learned how the authorities followed up on the information or how detailed it was.” [New York Times, 1/18/2001] It will later be revealed that al-Owhali identified the two leaders of the Cole bombing as participants in the planning for the US embassy bombings. [CNN, 10/16/2001]

Entity Tags: Mohamed al-Owhali, Al-Qaeda

Timeline Tags: Complete 911 Timeline

In 1998, President Clinton faces a growing scandal about his sexual relationship with aide Monica Lewinsky, and even faces the possibility of impeachment over the matter. He is publicly interrogated about the scandal on August 17, 1998. Counterterrorism “tsar” Richard Clarke will later claim that he worries Clinton might let the timing of the scandal get in the way of acting on new intelligence to hit Osama bin Laden with a missile strike in retaliation for the recent African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). But Clarke is reassured when Clinton tells his advisers, “Do you all recommend that we strike on the 20th? Fine. Do not give me political advice or personal advice about the timing. That’s my problem. Let me worry about that.” [Clarke, 2004, pp. 185-186] Defense Secretary William Cohen also warns Clinton that he will be criticized for changing the subject from the Lewinsky scandal. [Benjamin and Simon, 2005, pp. 358]
Criticism from Politicians - Clinton gives the go-ahead for the missile strike on August 20th anyway (see August 20, 1998) and is immediately widely criticized for it. In late 1997, there was a popular movie called “Wag the Dog,” based on a fictional president who creates an artificial crisis in order to distract the public from a domestic scandal. Republicans are particularly critical and seize upon a comparison to the movie. House Speaker Newt Gingrich (R-GA) initially supports the missile strike, but later criticizes it as mere “pinpricks.” [9/11 Commission, 7/24/2004, pp. 117] Sen. Arlen Specter (R-PA) says, “The president was considering doing something presidential to try to focus attention away from his personal problems.” [Benjamin and Simon, 2005, pp. 358-359] Sen. Daniel Coats (R-IN) says, “I just hope and pray the decision that was made was made on the basis of sound judgment, and made for the right reasons, and not made because it was necessary to save the president’s job.” [New York Times, 8/4/2004]
Media Criticism - The media is also very critical, despite a lack of any evidence that Clinton deliberately timed the missile strike as a distraction. Television networks repeatedly show clips of the “Wag the Dog” movie after the missile strike. New Yorker journalist Seymour Hersh reports, “Some reporters questioned whether the president had used military force to distract the nation’s attention from the Lewinsky scandal.” [Benjamin and Simon, 2005, pp. 358-359]
9/11 Commission Commentary - The 9/11 Commission will later conclude, “The failure of the strikes, the ‘wag the dog’ slur, the intense partisanship of the period, and the [fact that one of the missile targets probably had no connection to bin Laden (see September 23, 1998)] likely had a cumulative effect on future decisions about the use of force against bin Laden.” [9/11 Commission, 7/24/2004, pp. 118]

Entity Tags: Richard A. Clarke, William S. Cohen, William Jefferson (“Bill”) Clinton, Osama bin Laden, Monica Lewinsky, Daniel Coats, Arlen Specter, Newt Gingrich

Timeline Tags: Complete 911 Timeline

Through its own monitoring of Osama bin Laden’s satellite phone, the CIA determines that he intends to travel to a training camp in Khost, in eastern Afghanistan. The CIA has to use its own equipment to do this because of a dispute with the NSA, which refused to provide it with full details of its intercepts of bin Laden’s calls (see December 1996). Although the CIA can only get half of what the NSA gets, shortly after the attacks on US embassies in East Africa (see 10:35-10:39 a.m., August 7, 1998), it determines that bin Laden will travel to Khost the next day. On that day, the US launches several missile strikes, one of which is against Khost (see August 20, 1998), but bin Laden does not travel there, evading the missiles. Some will later claim that bin Laden changes his mind on the way there for no particular reason, but there will also be allegations that the Pakistani ISI warned him of the upcoming attack (see July 1999). [Wright, 2006, pp. 283]

Entity Tags: National Security Agency, Al-Qaeda, Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Around the time of a US missile strike against al-Qaeda leaders (see August 20, 1998), Ayman al-Zawahiri uses Osama bin Laden’s satellite phone to speak to Rahimullah Yusufzai, a leading Pakistani reporter for the BBC and the Karachi-based News. During the call, Al-Zawahiri denies al-Qaeda is responsible for attacks on two US embassies in East Africa, which killed over 200 people (see 10:35-10:39 a.m., August 7, 1998): “Mr. bin Laden has a message. He says, ‘I have not bombed the American embassies in Kenya and Tanzania. I have declared jihad, but I was not involved.’” Although bin Laden’s trial for the embassy bombings in Afghanistan, arranged by the Taliban, collapses when the US fails to provide sufficient evidence of his involvement (see (October 25-November 20, 1998)), bin Laden is generally thought to have known of and authorized the two attacks. [Wright, 2006, pp. 279, 283]

Entity Tags: Rahimullah Yusufzai, Ayman al-Zawahiri, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline

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