!! History Commons Alert, Exciting News

Context of 'September 9, 2002: FBI Translator and Air Force Major, Both the Targets of Federal Investigations, Leave Country with Government Approval'

This is a scalable context timeline. It contains events related to the event September 9, 2002: FBI Translator and Air Force Major, Both the Targets of Federal Investigations, Leave Country with Government Approval. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

Page 4 of 10 (935 events)
previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 | next

In July 2001, NSA director Michael Hayden tells a reporter that the NSA does not monitor any US citizens without court warrants from the Foreign Intelligence Surveillance Court (FISC). “We don’t do anything willy-nilly,” Hayden says. “We’re a foreign intelligence agency. We try to collect information that is of value to American decision-makers, to protect American values, America—and American lives. To suggest that we’re out there, on our own, renegade, pulling in random communications, is—is simply wrong. So everything we do is for a targeted foreign intelligence purpose. With regard to the—the question of industrial espionage, no. Period. Dot. We don’t do that.” When asked how Americans could verify that, Hayden says that they should simply trust the NSA to police and monitor itself, along with oversight from the White House and from Congress. However, it will later come to light that the NSA began illegally monitoring US citizens from the start of the Bush administration (see Spring 2001). A former NSA official will later dispute Hayden’s account. “What do you expect him to say?” the official says. “He’s got to deny it. I agree. We weren’t targeting specific people, which is what the President’s executive order does. However, we did keep tabs on some Americans we caught if there was an interest [by the White House.] That’s not legal. And I am very upset that I played a part in it.” [Truthout (.org), 1/17/2006] Hayden also denies persistent allegations from European government officials that the agency has engaged in economic espionage to help American companies against European competitors (see April 4, 2001). In March 2001, the American Civil Liberties Union’s Barry Steinhardt says that “since there is no real check on [the NSA], there is no way to know” if they are following the law. Steinhardt says that Congress is the only real check on possible NSA abuses, but it has consistently failed to exercise any sort of aggressive oversight on the agency. [CNN, 3/31/2001]

Entity Tags: National Security Agency, Barry Steinhardt, Michael Hayden, American Civil Liberties Union

Timeline Tags: Civil Liberties

The NSA monitors calls between an al-Qaeda communications hub in Yemen and one or more operatives involved in a plot to attack the US embassy in Paris. The communications hub in Yemen is run by Ahmed al-Hada, father-in-law of 9/11 hijacker Khalid Almihdhar, who is also involved in the US embassy bombings (see August 4-25, 1998), the USS Cole bombing (see Mid-August 1998-October 2000), and 9/11 (see Early 2000-Summer 2001). The Paris plot is apparently foiled based on this information, although the details are sketchy. [US News and World Report, 3/15/2004] The name of the operative or operatives who talk to the communications hub in Yemen is unknown. One candidate is Djamel Beghal, who will be arrested on July 28 (see July 24 or 28, 2001) based on a tip-off issued by the CIA to partner agencies on July 3 (see July 3, 2001). Another is Nizar Trabelsi, who will be arrested on September 13, although Trabelsi may be arrested based on information gleaned from Beghal. Both Beghal (see Spring 1998) and Trabelsi (see September 13, 2001) are connected to a plot to destroy an airliner with a shoe bomb, but this is not stopped (see December 22, 2001).

Entity Tags: Djamel Beghal, Al-Qaeda, Nizar Trabelsi, National Security Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Some al-Qaeda operatives hold a meeting in northern Spain to finalize plans for the 9/11 attacks. Those allegedly present are listed below. The first two operatives listed are definitely present; it is less certain that the others are there:
bullet Future 9/11 hijacker Mohamed Atta. [El Mundo (Madrid), 9/30/2001]
bullet Ramzi bin al-Shibh, an associate of Atta from Hamburg, arrives in Spain on July 9, and stays until July 16. Spanish authorities are notified of his arrival in the country by German intelligence (see (Around July 9, 2001)). [New York Times, 5/1/2002]
bullet Some reports say that 9/11 hijacker Marwan Alshehhi attends, although if he does, he may use a false identity, as US immigration has no records of his departure or return. [El Mundo (Madrid), 9/30/2001; US Department of Justice, 5/20/2002]
bullet The Spanish newspaper La Vanguardia will later report that 9/11 hijackers Waleed and Wail Alshehri meet Atta on July 16. [Associated Press, 9/27/2001] However, there will be no mention of them attending the meeting in some other accounts. For example, their attendance will not be mentioned in the relevant section of the 9/11 Commission Report. [9/11 Commission, 7/24/2004, pp. 243-5]
bullet Amer el-Azizi. [Wall Street Journal, 4/7/2004; Associated Press, 1/23/2005] El-Azizi, who seems to have made preparations for the meeting, is under surveillance at this time, as Spanish authorities are listening in on his phone calls. [Wall Street Journal, 3/19/2004] Calls possibly related to the meeting’s organization were overheard (see Before July 8, 2001). [Los Angeles Times, 4/14/2004; Los Angeles Times, 4/29/2004] Spanish judge Baltasar Garzon will later indict el-Azizi for helping plan 9/11 and say that he assisted the plotters by arranging accommodation for them and acting as a courier. However, US officials will be less certain of his involvement. [Associated Press, 1/23/2005] His arrest shortly after 9/11 will be frustrated by Spanish intelligence (see October 2001 and Shortly After November 21, 2001) and he will go on to be involved in the 2004 Madrid bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004).
bullet Barakat Yarkas, head of an al-Qaeda-linked cell in Spain. [New York Times, 11/20/2001; Los Angeles Times, 1/14/2003]
bullet Mohammed Belfatmi. Belfatmi is an associate of Yarkas, and lives near the hotels where Atta and bin al-Shibh stay. He will flee Europe just before 9/11 with Said Bahaji, a member of the al-Qaeda cell in Hamburg (see September 3-5, 2001). [Los Angeles Times, 1/14/2003; BBC Worldwide Monitoring, 12/2/2004]
bullet Mamoun Darkazanli and Mohammed Haydar Zammar, associates of Atta’s from Germany.
bullet Al Jazeera reporter Tayseer Allouni.
bullet Said Bahaji, a member of the al-Qaeda cell in Hamburg. According to Spanish investigators, Bahaji is with Atta the entire time, and they both stay at the Monica Hotel. [Fouda and Fielding, 2003, pp. 137]
bullet 9/11 mastermind Khalid Shaikh Mohammed (KSM). In 2002, Al Jazeera journalist Yosri Fouda will allegedly interview bin al-Shibh and KSM together before either of them are arrested (see April, June, or August 2002). Neither bin al-Shibh nor KSM will discuss any details of the meeting with Fouda, including who attended. KSM will neither confirm nor deny he was there. However, in a 2003 book, Fouda will claim that, according to Spanish investigators, the initial attendees are Atta, bin al-Shibh, Bahaji, and a fourth man who might be KSM. They are later joined by Alshehhi and two unnamed others. [Fouda and Fielding, 2003, pp. 137]
However, there is a parallel meeting in Granada, in the south of Spain, at this time, and Yarkas, Darkazanli, Zammar, and Allouni may only be at that meeting, and may not meet Atta and bin al-Shibh in person (see July 6, 2001 and Shortly After). [New York Times, 11/20/2001; Los Angeles Times, 1/14/2003] After being captured, bin al-Shibh will deny meeting anyone other than Atta while in Spain. [9/11 Commission, 7/24/2004, pp. 243-5] However, questions will be raised about the quality of information obtained from detainees due to the methods—including torture—used to extract it (see June 16, 2004). The movements of Atta and his associates in Spain are apparently mirrored by those of FBI agents John O’Neill and Mark Rossini (see July 5-16, 2001).

Entity Tags: Mamoun Darkazanli, Wail Alshehri, Marwan Alshehhi, Khalid Shaikh Mohammed, Mohamed Atta, Mohammed Haydar Zammar, Amer el-Azizi, Yosri Fouda, Mohammed Belfatmi, Tayseer Allouni, Ramzi bin al-Shibh, Said Bahaji, Barakat Yarkas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Glyn Ford.Glyn Ford. [Source: British Labour Party]The European Parliament releases its final report on its findings about the secretive US surveillance program known as Echelon. The report, two years in the making, exhaustively details many of Echelon’s surveillance capabilities, and lists many of Echelon’s surveillance stations around the world. One of the more interesting sections of the report concerns its apparent use on behalf of US corporations. According to the report, Echelon—operated by the NSA as a highly classified surveillance program ostensibly for tracking terrorist threats and activities by nations hostile to the West—is also being used for corporate and industrial espionage, with information from the program being turned over to US corporations for their financial advantage. The report gives several instances of Echelon’s use by corporations. One is the use of Echelon to “lift… all the faxes and phone calls” between the European aircraft manufacturer Airbus and Saudi Arabian Airlines; that information was used by two American companies, Boeing and McDonnell Douglas, to outflank Airbus and win a $6 billion contract. The report also alleges that the French company Thomson-CSF lost a $1.3 billion satellite deal to Raytheon the same way. Glyn Ford, the MP who commissioned the report, says he doesn’t have a problem with Echelon itself, but in the way it is being used. “Now, you know, if we’re catching the bad guys, we’re completely in favor of that… What we’re concerned about is that some of the good guys in my constituency don’t have jobs because US corporations got an inside track on—on some global deal.” [Washington Post, 11/14/1999; CBS News, 2/27/2000; BBC, 7/6/2000; European Parliament, 7/11/2001] In 1977, the US government began providing Echelon-based intelligence to US corporations (see 1977). In April 2001, New Zealand journalist Nicky Hager testified about Echelon’s use by US allies for corporate and economic purposes (see April 2001), and former CIA director James Woolsey confirmed that US surveillance programs were used to benefit US corporations (see March 2000).

Entity Tags: US Department of Commerce, Thomson-CSF, Saudi Arabian Airlines, Glyn Ford, McDonnell Douglas, Central Intelligence Agency, Boeing Company, Echelon, Airbus, European Parliament, National Security Agency

Timeline Tags: Civil Liberties

Tom Wilshire, a CIA manager assigned to the FBI who expressed interest two months earlier in surveillance photos from the al-Qaeda Malaysia summit (see January 5-8, 2000), now finds a cable he had been looking for regarding that summit. The cable, from January 2001, discusses al-Qaeda leader Khallad bin Attash’s presence at the summit. Wilshire explains later that bin Attash’s presence there had been troubling him. He writes an e-mail to the CIA’s Counterterrorist Center (CTC), stating, “[Khallad] is a major league killer, who orchestrated the Cole attack (see October 12, 2000) and possibly the Africa bombings (see 10:35-10:39 a.m., August 7, 1998).” Yet Khallad is still not put on a terrorist watch list. Wilshire asks that the FBI be passed this information, but the FBI will not actually be given the information until August 30, a week after it learns future 9/11 hijacker Khalid Almihdhar is in the US. [US Congress, 7/24/2003, pp. 157 pdf file; US Department of Justice, 11/2004, pp. 298 pdf file] Although the CIA managers that receive this e-mail are not named, Richard Blee, in charge of the CIA’s bin Laden unit and Wilshire’s former boss, appears to be one of the recipients: On the same day Wilshire sends this e-mail, Blee writes his own e-mail entitled “Identification of Khallad,” which is sent to another CIA officer. [Central Intelligence Agency, 7/13/2001; 9/11 Commission, 7/24/2004, pp. 537] An FBI analyst assigned to the CTC is given the task of reviewing all other CIA cables about the Malaysian summit. It takes this analyst until August 21—over five weeks later—to put together that Khalid Almihdhar had a US visa and that Nawaf Alhazmi had traveled to the US. Yet other CIA agents are already well aware of these facts but are not sharing the information (see August 22, 2001). Working with immigration officials, this analyst then learns that Almihdhar entered and left the US in 2000, and entered again on July 4, 2001, and that Alhazmi appears to still be in the US. [US Congress, 7/24/2003, pp. 157 pdf file; US Department of Justice, 11/2004, pp. 298 pdf file]

Entity Tags: Tom Wilshire, Richard Blee, Nawaf Alhazmi, US Immigration and Naturalization Service, Khalid Almihdhar, Federal Bureau of Investigation, Alec Station, Khallad bin Attash, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A Western Union money transfer between Ahad Sabet (Ramzi bin al-Shibh’s alias) and Moussaoui in Norman, Oklahoma.A Western Union money transfer between Ahad Sabet (Ramzi bin al-Shibh’s alias) and Moussaoui in Norman, Oklahoma. [Source: FBI]According to the Justice Department indictment against Zacarias Moussaoui, Moussaoui and 9/11 hijacker associate Ramzi bin al-Shibh are in communication for several days. Moussaoui makes several calls from Norman, Oklahoma, to Dusseldorf, Germany. Then, around July 31 someone using the name “Hashim Abdulrahman” in the United Arab Emirates sends two wire transfers totaling about $15,000 to an “Ahad Sabet” in Hamburg, Germany. Sabet is claimed to be an alias for bin al-Shibh. Then bin al-Shibh, again using the Sabet name, wires about $14,000 to Moussaoui in Oklahoma. [MSNBC, 12/11/2001] Moussaoui immediately moves to Minnesota and begins studying at a flight school there (see August 10-11, 2001). The passport with the name Ahad Sabet that bin al-Shibh used appears to belong to an innocent US doctor who had his passport stolen in Spain several years earlier (see July 7, 1998). [CNN, 8/7/2002]

Entity Tags: Zacarias Moussaoui, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

With the approaching third anniversary of the US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998), the FBI reissues a warning that overseas law enforcement agencies may be targets. It notes that although most reporting indicates a potential for attacks on US interests abroad, the possibility of an attack in the US cannot be discounted. [CNN, 3/2002; 9/11 Commission, 7/24/2004, pp. 260, 534]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

President Bush at his Crawford, Texas, ranch on August 6, 2001. Advisors wait with classified briefings.President Bush at his Crawford, Texas, ranch on August 6, 2001. Advisors wait with classified briefings. [Source: White House]President Bush receives a classified presidential daily briefing (PDB) at his Crawford, Texas ranch indicating that Osama bin Laden might be planning to hijack commercial airliners. The PDB provided to him is entitled, “Bin Laden Determined to Strike in US.” The entire briefing focuses on the possibility of terrorist attacks inside the US. [New York Times, 5/15/2002; Newsweek, 5/27/2002] The analysts who drafted the briefing will say that they drafted it on the CIA’s initiative (see July 13, 2004), whereas in 2004 Bush will state that he requested a briefing on the topic due to threats relating to a conference in Genoa, Italy, in July 2001, where Western intelligence agencies believed Osama bin Laden was involved in a plot to crash an airplane into a building to kill Bush and other leaders (see April 13, 2004). The analysts will later explain that they saw it as an opportunity to convey that the threat of an al-Qaeda attack in the US was both current and serious. [9/11 Commission, 7/24/2004, pp. 260] The existence of this briefing is kept secret, until it is leaked in May 2002, causing a storm of controversy (see May 15, 2002). While National Security Adviser Condoleezza Rice will claim the memo is only one and a half pages long, other accounts state it is 11 1/2 pages instead of the usual two or three. [New York Times, 5/15/2002; Newsweek, 5/27/2002; Die Zeit (Hamburg), 10/1/2002] A page and a half of the contents will be released on April 10, 2004; this reportedly is the full content of the briefing. [Washington Post, 4/10/2004] The briefing, as released, states as follows (note that the spelling of certain words are corrected and links have been added):
bullet Clandestine, foreign government, and media reports indicate bin Laden since 1997 has wanted to conduct terrorist attacks in the US (see December 1, 1998). Bin Laden implied in US television interviews in 1997 and 1998 that his followers would follow the example of World Trade Center bomber Ramzi Yousef and “bring the fighting to America” (see May 26, 1998).
bullet After US missile strikes on his base in Afghanistan in 1998, bin Laden told followers he wanted to retaliate in Washington, according to a -REDACTED-service (see December 21, 1998).
bullet An Egyptian Islamic Jihad (EIJ) operative told -REDACTED- service at the same time that bin Laden was planning to exploit the operative’s access to the US to mount a terrorist strike.
bullet The millennium plotting in Canada in 1999 may have been part of bin Laden’s first serious attempt to implement a terrorist strike in the US. Convicted plotter Ahmed Ressam has told the FBI that he conceived the idea to attack Los Angeles International Airport himself (see December 14, 1999), but that bin Laden lieutenant Abu Zubaida encouraged him and helped facilitate the operation. Ressam also said that in 1998 Abu Zubaida was planning his own US attack (see Late March-Early April 2001 and May 30, 2001).
bullet Ressam says bin Laden was aware of the Los Angeles operation.
bullet Although bin Laden has not succeeded, his attacks against the US Embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998) demonstrate that he prepares operations years in advance and is not deterred by setbacks. Bin Laden associates surveyed our embassies in Nairobi and Dar es Salaam as early as 1993 (see Late 1993-Late 1994), and some members of the Nairobi cell planning the bombings were arrested and deported in 1997.
bullet Al-Qaeda members—including some who are US citizens—have resided in or traveled to the US for years, and the group apparently maintains a support structure that could aid attacks (see January 25, 2001). Two al-Qaeda members found guilty in the conspiracy to bomb our embassies in East Africa were US citizens (see September 15, 1998), and a senior EIJ member lived in California in the mid-1990s (see November 1989 and September 10, 1998).
bullet A clandestine source said in 1998 that a bin Laden cell in New York was recruiting Muslim-American youth for attacks (see October-November 1998).
bullet “We have not been able to corroborate some of the more sensational threat reporting, such as that from a [REDACTED] service in 1998 saying that bin Laden wanted to hijack a US aircraft to gain the release of ‘Blind Sheikh’ Omar Abdul-Rahman and other US-held extremists” (see 1998, December 4, 1998, and May 23, 2001). [9/11 Commission, 7/24/2004, pp. 223] According to the Washington Post, this information came from a British service. [Washington Post, 5/18/2002]
bullet Nevertheless, FBI information since that time indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York (see May 30, 2001).
bullet The FBI is conducting approximately 70 full-field investigations throughout the US that it considers bin Laden-related (see August 6, 2001). CIA and the FBI are investigating a call to our embassy in the UAE in May saying that a group or bin Laden supporters was in the US planning attacks with explosives (see May 16-17, 2001). [9/11 Commission, 7/24/2004, pp. 223]
In retrospect, the briefing is remarkable for the many warnings that apparently are not included (see for instance, from the summer of 2001 prior to August alone: May 2001, June 2001, June 12, 2001, June 19, 2001, Late Summer 2001, July 2001, July 16, 2001, Late July 2001, Late July 2001, Summer 2001, June 30-July 1, 2001, July 10, 2001, and Early August 2001). According to one account, after the PDB has been given to him, Bush tells the CIA briefer, “You’ve covered your ass now” (see August 6, 2001). Incredibly, the New York Times later reports that after being given the briefing, Bush “[breaks] off from work early and [spends] most of the day fishing.” [New York Times, 5/25/2002] In 2002 and again in 2004, National Security Adviser Rice will incorrectly claim under oath that the briefing only contained historical information from 1998 and before (see May 16, 2002 and April 8, 2004).

Entity Tags: George W. Bush, Islamic Jihad, Omar Abdul-Rahman, Federal Bureau of Investigation, Los Angeles International Airport, Condoleezza Rice, Abu Zubaida, Al-Qaeda, World Trade Center, Central Intelligence Agency, 9/11 Commission, Ahmed Ressam, Ramzi Yousef, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Immediately after learning of Zacarias Moussaoui’s suspicious behavior, Minneapolis FBI agent Harry Samit, one of the agents who arrests Moussaoui (see August 16, 2001), suspects he is preparing to hijack an airliner. He writes to a colleague, “That’s pretty ominous and obviously suggests some sort of hijacking plan.” [St. Paul Pioneer Press, 4/4/2006] Interviews with Moussaoui after his arrest will reinforce the Minneapolis FBI’s suspicions that he is involved in a wider terrorist plot against airliners (see August 16-17, 2001). And after interviewing Moussaoui’s associate Hussein al-Attas as well (see August 16, 2001), Samit is unequivocally “convinced… a hundred percent that Moussaoui [is] a bad actor, [is] probably a professional mujaheddin and this [is] not a joyride, that he [is] completely bent on the use of this aircraft for destructive purposes.” [US Department of Justice, 11/2004, pp. 114-5, 120-2 pdf file] In the main initial memo from Samit to other FBI units, Samit describes Moussaoui as “extremely evasive” and “extremely agitated.” Samit also writes that Moussaoui appeared to by lying when he denied he had weapons training. Samit says, “Minneapolis believes that Moussaoui is an Islamic extremist preparing for some future act in furtherance of radical fundamentalist goals.” Samit expresses his belief Moussaoui is planning something with a 747-400. He is aware Moussaoui’s plan probably involves co-conspirators and writes “Moussaoui, al-Attas, and others yet unknown are conspiring to commit violations of [Federal anti-terrorism statutes],” and “there is reason to believe that Moussaoui and al-Attas are part of a larger international radical fundamentalist group.” Samit even suspects Moussaoui of two of the offenses he will eventually be charged with and plead guilty to (see April 22, 2005). The e-mail accompanying the main memo concludes, “[p]lease let me know a soon as [the Department] gives the go-ahead. We’re all counting on you!” [US Department of Justice, 11/2004, pp. 120-2 pdf file; Minneapolis Star Tribune, 6/4/2006]

Entity Tags: Zacarias Moussaoui, FBI Headquarters, Harry Samit, Hussein al-Attas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

August 16, 2001: Zacarias Moussaoui Arrested

Zacarias Moussaoui after his arrest.Zacarias Moussaoui after his arrest. [Source: FBI]After being warned that Zacarias Moussaoui has raised suspicions at flight school (see August 11-15, 2001 and August 13-15, 2001), the FBI learns they can arrest him because he is in the US illegally. Four agents, Harry Samit, John Weess, Dave Rapp (all FBI) and Steve Nordmann (INS), drive to the Residence Inn, where Moussaoui and his associate Hussein al-Attas are staying. At the hotel Samit speaks on the phone to Joe Manarang from FBI headquarters; Manarang appeals for them to take the “cautious route” and not arrest Moussaoui. However, Samit refuses, as he has already notified the hotel clerk of their interest. Moussaoui is arrested around 4:00 p.m. on an immigration violation. At first Moussaoui shows the agents some documents, but then he becomes upset at missing his flight training. The FBI confiscates his belongings, including a computer laptop, but Moussaoui refuses permission for the belongings to be searched. A search of Moussaoui’s person yields a dagger with a two-inch blade, and another knife with a three-inch blade belonging to Moussoaui is found in the car. He also has boxing gloves and shin guards, and the arresting agents note he has prepared “through physical training for violent confrontation.” Al-Attas allows the agents to search his belongings and they believe al-Attas is in the US legally, so he is not arrested. However, al-Attas tells the FBI that Moussaoui is a radical religious Muslim and later makes several statements indicating Moussaoui may be a terrorist (see August 16, 2001). [MSNBC, 12/11/2001; US Congress, 10/17/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006; Minneapolis Star Tribune, 6/4/2006] Al-Attas is arrested the next day (see August 17, 2001).

Entity Tags: John Weess, Zacarias Moussaoui, Steve Nordmann, Joe Manarang, Harry Samit, David Rapp, FBI Minnesota field office, Hussein al-Attas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

John O’Neill.
John O’Neill. [Source: FBI]An article in the New York Times reveals that the FBI has launched an internal investigation of John O’Neill, one of its most senior counterterrorism officials, for losing a briefcase that contained highly classified information. [New York Times, 8/19/2001] O’Neill, special agent in charge of the FBI’s national security division in New York, had his briefcase, which contained his division’s annual field office report, stolen when he left it unattended during a conference in Orlando, Florida, in July 2000 (see July 2000). The briefcase was found a few hours later with the report still in it. [Wright, 2006, pp. 317; Graff, 2011, pp. 260] However, the FBI’s Office of Professional Responsibility immediately launched an investigation to determine whether any criminal charges should be brought against O’Neill. [Weiss, 2003, pp. 281] That investigation recently ended with a decision not to prosecute, but the FBI’s internal affairs unit subsequently began an investigation to determine whether O’Neill had violated FBI rules. According to the Times: “FBI officials were alarmed, in part, because of the sensitivity of the documents involved, including details about the bureau’s counterterrorism and counterintelligence operations. One document contained highly sensitive information about an FBI source.” [New York Times, 8/19/2001]
Story Appears Timed to Stop O'Neill Getting a Job on the NSC - The New Yorker will later comment that the leaking of the details of the FBI investigation to the Times “seemed to be timed to destroy O’Neill’s chance of being confirmed for [a National Security Council] job.” The leak was “somebody being pretty vicious to John,” Thomas Pickard, acting FBI director, will say. [New Yorker, 1/14/2002]
Several Officials Will Be Suspected of Being the Article's Source - A number of people will be suspected of leaking the details of the investigation to the Times. [Weiss, 2003, pp. 347] O’Neill will suspect Pickard. The acting director “was out to get John for a long time and John never really knew why,” Valerie James, O’Neill’s longtime girlfriend, will say. Pickard will deny being the leaker, though, when O’Neill confronts him about the issue. [PBS, 10/3/2002] Other possible sources of the leak, according to journalist and author Murray Weiss, include Dale Watson, assistant director of the FBI’s counterterrorism division; Barbara Bodine, the US ambassador to Yemen; and Richard Clarke, the White House counterterrorism chief. [Weiss, 2003, pp. 347]
O'Neill Has Overseen Major Terrorism Investigations - O’Neill’s job is among the most powerful in the FBI, and O’Neill has overseen cases such as the bombings of the US embassies in Kenya and Tanzania in August 1998 (see 10:35-10:39 a.m., August 7, 1998), and the attack on the USS Cole in Yemen in October 2000 (see October 12, 2000). [New York Times, 8/19/2001] He is the FBI’s “most committed tracker of Osama bin Laden and his al-Qaeda network of terrorists,” according to the New Yorker. But he will retire from the FBI on August 22 and take up a new job as head of security at the World Trade Center a day later (see August 22, 2001 and August 23, 2001). [New Yorker, 1/14/2002; Weiss, 2003, pp. 349-350]

Entity Tags: Valerie James, John O’Neill, Federal Bureau of Investigation, Office of Professional Responsibility, Barbara Bodine, Dale Watson, Thomas Pickard, Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Margaret Gillespie, an FBI agent detailed to the CIA who has just found out that future 9/11 hijacker Khalid Almihdhar is in the US (see August 21-22, 2001), suggests asking failed Millennium bomber Ahmed Ressam whether he recognizes Almihdhar, but the proposal is not acted on. Ressam was arrested on his way to bomb Los Angeles airport (see December 14, 1999), but has been co-operating with the US government against al-Qaeda (see May 30, 2001). Gillespie makes the suggestion in an e-mail to Tom Wilshire, a CIA representative to the FBI. It is unclear what Wilshire does with the suggestion, but Ressam is not interviewed. When shown photos of Almihdhar after 9/11, Ressam will not recognize him. The FBI also fails to ask Ressam about Zacarias Moussaoui before 9/11, but shortly after 9/11 Ressam will identity Moussaoui as a person that attended al-Qaeda’s camps in Afghanistan (see Late August-Early September 2001). [9/11 Commission, 7/24/2004, pp. 275-6, 541]

Entity Tags: Zacarias Moussaoui, Tom Wilshire, Khalid Almihdhar, Ahmed Ressam, Margaret Gillespie, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Jean-Louis Bruguiere, who assisted the FBI with the Moussaoui case.Jean-Louis Bruguiere, who assisted the FBI with the Moussaoui case. [Source: Michel Lipchitz / Associated Press]After arresting Zacarias Moussaoui, the FBI’s Minneapolis field office asks French authorities if they have any information on him. The French then provide the US with intelligence indicating that Moussaoui is associated with a radical militant who died fighting for the Chechen rebels in 2000 (see Late 1999-Late 2000). The French interviewed one of this militant’s associates who said he had been recruited by Moussaoui to fight in Chechnya and described Moussaoui as “the dangerous one.” [US Department of Justice, 11/2004, pp. 140-1 pdf file] French authorities attempt to gather additional information by talking to Moussaoui’s mother. Judge Jean-Louis Bruguiere, France’s lead investigating magistrate in charge of counterterrorism affairs, also provides information. “Let’s just say that Zacarias Moussaoui was well-known by the French security service…,” Bruguiere later recalls in a 2004 interview with CBC. “When the names come from abroad, we usually have a file, and it was the same with him. He was a well-known personality. He lived in France and then left here to go to England.” Bruguiere will also say that the French provided US authorities with information on Moussaoui’s activities in both France and England (see 1999 and August 21, 2001-September 13, 2001). [Canadian Broadcasting Corporation, 3/16/2004] Upon reviewing this information, Mike Maltbie of the Radical Fundamentalist Unit at FBI headquarters will inform Minneapolis that it is not enough for a search warrant under the Foreign Intelligence Surveillance Act, because, even though the French sent information about Moussaoui, Maltbie objects that the Moussaoui the French are talking about may not be the same one Minneapolis has in custody. The result of this is that FBI staff are sent on what Minneapolis agent Harry Samit will later call a “wild goose chase”—they are asked to spend days poring through French phone books to make sure they have the right Moussaoui. [Federal Bureau of Investigation, 8/27/2001 pdf file; Federal Bureau of Investigation, 8/28/2001 pdf file; Newsday, 3/21/2006; Los Angeles Times, 3/21/2006] For a search warrant to be granted there must be probable cause to believe Moussaoui is an agent of a foreign power. Maltbie claims that the Chechen rebels, who have never been treated as a foreign power before for a FISA warrant, cannot be treated as such, because they are not a “recognized” foreign power, only dissidents engaged in a civil war, and are not hostile to the US. In fact, the FBI has already received information indicating a close relationships between Chechen rebels and bin Laden (see, e.g., 1986-March 19, 2002 , August 24, 2001, and (October 1993-November 2001)) and that the two groups are working together on a strike against US interests (see Before April 13, 2001). Maltbie says that even if the Chechen rebels are a foreign power, then it will take some time to develop this information to the point where a FISA application can be submitted. Previous to this, Maltbie had only once advised a field office it was not going to get a FISA warrant. [US Department of Justice, 11/2004, pp. 141-4 pdf file] The French provide more information on Moussaoui a few days later (see August 30, 2001).

Entity Tags: Zacarias Moussaoui, Michael Maltbie, Harry Samit, France, Jean-Louis Bruguiere, FBI Headquarters, FBI Minnesota field office

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Two agents from the Oklahoma City FBI office visit Airman Flight School in Norman, Oklahoma, to learn about Zacarias Moussaoui’s training there earlier in the year. One of these agents had visited the same school in September 1999 to learn more about Ihab Ali Nawawi, an al-Qaeda agent who trained there in 1993. Apparently, this agent forgets the connection when he visits the school to look into Moussaoui. He later admits he should have connected the two cases. [Boston Globe, 9/18/2001; US Congress, 7/24/2003, pp. 322] The staff director of the 9/11 Congressional Inquiry later states, “No one will ever know whether a greater focus on the connection between these events would have led to the unraveling of the September 11 plot.” [New York Daily News, 9/25/2002] The Oklahoma City office also does not connect Moussaoui to a memo that had come from its office in May 1998 warning that “large numbers of Middle Eastern males” were receiving flight training in Oklahoma and could be planning terrorist attacks (see May 15, 1998). Furthermore, Moussaoui’s Oklahoma roommate Hussein al-Attas is also under suspicion at this time (see August 16, 2001). One of the people who attempted to post bond for al-Attas, William Webb, had previously been the subject of an extensive investigation by the same Oklahoma City FBI office. Webb is a member of the extremist group the Muslim Brotherhood and is also Vice President of Overseas Operations and Recruiting for the Palestinian group Fatah. Further, Webb is connected to Anwar al-Awlaki, an imam who has frequent ties with some of the 9/11 hijackers and is suspected of involvement in the 9/11 plot (see March 2001 and After). Al-Awlaki was the subject of an FBI counterterrorism inquiry the year before (see June 1999-March 2000). These connections are also not noticed. [US Congress, 7/24/2003, pp. 322; US Department of Justice, 11/2004, pp. 134-5 pdf file; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 pdf file]

Entity Tags: William Webb, Hussein al-Attas, Anwar al-Awlaki, FBI Minnesota field office, FBI Oklahoma City field office, Airman Flight School, Zacarias Moussaoui, Ihab Ali Nawawi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mike Maltbie, a supervisory special agent with the Radical Fundamentalist Unit at FBI headquarters, writes to Tom Wilshire, a CIA manager stationed with the FBI, about the case of Zacarias Moussaoui and Hussein al-Attas (see August 24, 2001). He tells Wilshire what actions the FBI has taken on the case and concludes by saying, “Please bear in mind that there is no indication that either of these two had plans for nefarious activity as was apparently indicated in an earlier communication.” The word “no” is underlined. [US Department of Justice, 11/2004, pp. 151 pdf file] However, the FBI’s field office in Minneapolis suspects Moussaoui is part of a wider plot to hijack airliners and Maltbie is aware of their concerns (see August 15-20, 2001).

Entity Tags: Zacarias Moussaoui, Radical Fundamentalist Unit, Michael Maltbie, Central Intelligence Agency, FBI Headquarters, Tom Wilshire, Hussein al-Attas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI fails to ask Ahmed Ressam, an al-Qaeda operative arrested during the Millennium alert (see December 14, 1999), whether he can identify Zacarias Moussaoui. Agents in Seattle holding Ressam receive a general notification about the Moussaoui case, but it lacks urgency and they do not follow up on it with Ressam (see September 4, 2001). When asked shortly after 9/11, Ressam will say he recognizes Moussaoui from al-Qaeda’s training camps in Afghanistan. The 9/11 Commission will conclude that had Ressam been shown photos of Moussaoui and identified him before 9/11, the FBI would have been able to search his belongings. The belongings contain enough information to potentially prevent 9/11 (see August 16, 2001). The FBI also fails to ask Ressam whether he recognizes Khalid Almihdhar at this time, although Ressam has never met Almihdhar and will not identify him after 9/11 (see August 21, 2001). [Sunday Times (London), 2/3/2002; 9/11 Commission, 7/24/2004, pp. 275-6, 541]

Entity Tags: Ahmed Ressam, FBI Headquarters, Federal Bureau of Investigation, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In April 2001, the CIA analyzed some “intriguing information associated with a person known as ‘Mukhtar.’” The CIA didn’t know who this was at the time, only that he was associated with top al-Qaeda deputy Abu Zubaida and that he seemed to be involved in planning al-Qaeda activities. On August 28, 2001, the CIA receives a cable reporting that Khalid Shaikh Mohammed (KSM) has the nickname of Mukhtar (which means “brain” in Arabic). However, apparently no one at the CIA’s bin Laden unit makes the connection between this new information and the April 2001 information. The 9/11 Commission writes, “Only after 9/11 would it be discovered that Muhktar/KSM had communicated with a phone that was used by [Ramzi] bin al-Shibh, and that bin al-Shibh had used the same phone to communicate with [Zacarias] Moussaoui [who is in US custody by this time.]” [US Congress, 7/24/2003, pp. 322; 9/11 Commission, 7/24/2004, pp. 277]

Entity Tags: Al-Qaeda, Ramzi Yousef, Alec Station, Khalid Shaikh Mohammed, Central Intelligence Agency, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Although the FBI is aware that 9/11 hijacker Khalid Almihdhar lied in an application for a visa on which he entered the US the previous month (see July 4, 2001), it does not fully realize that this means his entry into the US was illegal. If the FBI realized this, it would be able to open a criminal investigation to locate Almihdhar, instead of an intelligence investigation. The New York office, which conducts the search for him, would have preferred a criminal investigation, as more agents could have worked on it, possibly allowing the office to locate Almihdhar before and stop 9/11. The Justice Department’s Office of Inspector General will remark after 9/11: “Thus, there was a clear basis to charge Almihdhar criminally with false statements or visa fraud. Significantly, this information had been provided to the FBI without the restrictive caveats placed on NSA reports and other intelligence information. As a result, if Almihdhar had been found, he could have been arrested and charged with a criminal violation based on the false statements on his visa application. However, the FBI did not seem to notice this when deciding whether to use criminal or intelligence resources to locate Almihdhar.” Almihdhar’s passport also lacks an expiry date and he is a terrorist posing as a tourist (see July 4, 2001). [US Department of Justice, 11/2004, pp. 351 pdf file]

Entity Tags: Usama bin Laden Unit (FBI), Khalid Almihdhar, Dina Corsi, Steve Bongardt, FBI New York Field Office, FBI Headquarters

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Binyam Mohamed, a young Ethiopian with British citizenry, is in Afghanistan after the 9/11 attacks. He later tells a journalist that he wants nothing more than to leave for London before the West can retaliate against al-Qaeda and the Taliban (see May-September, 2001). But Mohamed is unable to leave before the US-led coalition launches its attacks in November. According to Mohamed, he is caught among the tide of refugees, and in early 2002 makes his way across the Afghan-Pakistan border and into the city of Karachi. On April 3, he books a flight to London, but officials turn him away, saying his passport looks wrong (Mohamed entered the region using a friend’s passport). On April 9, he tries again to book a flight with the same passport, and is detained by Pakistani authorities. This is the beginning of almost seven years of incarceration, interrogation, and torture (see February 24, 2009). [Daily Mail, 3/8/2009] Apparently some of the details of Mohamed’s recollections will differ from the recounting of his story as later told by his lawyer, Clive Stafford Smith.

Entity Tags: Binyam Mohamed, Al-Qaeda, Clive Stafford Smith, Taliban

Timeline Tags: Torture of US Captives

Robert Fuller, an inexperienced FBI agent, searches for hijackers Nawaf Alhazmi and Khalid Almihdhar in the US on this day (see September 4-5, 2001). He claims that his search includes querying the ChoicePoint database. ChoicePoint is one of several companies maintaining commerical databases on personal information about US citizens. The FBI has a contract to access the ChoicePoint database, but none of the others. Fuller supposedly does not find any record on either Alhazmi or Almihdhar. He suggests this is because of variations in the spelling of names. However, the chairman of ChoicePoint will later confirm that although the database did have information on the hijackers before 9/11, the FBI did not ask to search the database until shortly after 9/11. The 9/11 Commission will conclude the database was not searched, and notes, “Searches of readily available databases could have unearthed” their California drivers’ licenses, car registrations, and telephone listings. Thomas Pickard, acting FBI Director at the time this search is made, will later falsely claim in public testimony before the 9/11 Commission that the FBI was not allowed to search the ChoicePoint database before 9/11. [9/11 Commission, 7/24/2004, pp. 539; US Department of Justice, 11/2004; New York Observer, 11/28/2004] An FBI timeline put together shortly after 9/11 will mention that Alhazmi’s 2000 San Diego phone number was in the ChoicePoint database. The exact spelling for the phone number listing was Nawaf M. Al Hazmi. [Federal Bureau of Investigation, 10/2001, pp. 59 pdf file]

Entity Tags: ChoicePoint, Khalid Almihdhar, Nawaf Alhazmi, Robert Fuller, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An identity card of Mustafa Ahmed al-Hawsawi used in some of these transactions.An identity card of Mustafa Ahmed al-Hawsawi used in some of these transactions. [Source: US District Court for the Eastern District of Virginia, Alexandria Division]The hijackers in the US return money to Mustafa Ahmed al-Hawsawi, one of their facilitators in the United Arab Emirates:
bullet September 4: Hijacker Mohamed Atta sends al-Hawsawi a FedEx package from Florida. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 pdf file] The package contains hijacker Fayez Ahmed Banihammad’s ATM card and checkbook. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 10 pdf file] The FedEx bill will be found shortly after 9/11 in the trash at the hotel Atta stays at on the night before 9/11 (see September 11-13, 2001);
bullet September 5: $8,000 is wired from Banihammad’s SunTrust bank account to his bank account in the United Arab Emirates, to which al-Hawsawi has access (see June 25, 2001);
bullet September 8: Mohamed Atta sends $2,860 to “Mustafa Ahmed” from a Western Union office in Laurel, Maryland;
bullet September 8: Later that day Atta sends another $5,000 to “Mustafa Ahmed” from another Western Union office in the same town;
bullet September 9: Hijacker Waleed Alshehri sends $5,000 to “Ahamad Mustafa” from a Western Union office at Logan Airport in Boston;
bullet September 10: Hijacker Marwan Alshehhi sends $5,400 to “Mustafa Ahmad” from a Western Union office at the Greyhound Bus Station in Boston;
bullet September 10: Hijackers Nawaf Alhazmi and Hani Hanjour use the name “Rawf Al Dog” to send an express mail package from Laurel, Maryland, to Sharjah, United Arab Emirates. When the FBI intercepts the package at Dulles Airport after 9/11, they find it contains the debit card and PIN for Khalid Almihdhar’s First Union Bank account, which has a balance of $9,838.31. [MSNBC, 12/11/2001; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 75 pdf file; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 76 pdf file]
Atta, Alshehhi, and Alshehri also call al-Hawsawi at this time to give him the numbers for the money they are sending. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 10 pdf file] Although al-Hawsawi admits receiving this money in a substitution for testimony at the trial of Zacarias Moussaoui in 2006 and again at a Guantanamo Bay hearing (see March 21, 2007), some detainees are apparently subjected to torture, which has led some to doubt the reliability and validity of their statements (see June 16, 2004). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 10 pdf file; US department of Defense, 3/21/2007 pdf file]

Entity Tags: Marwan Alshehhi, Khalid Almihdhar, Mustafa Ahmed al-Hawsawi, Fayez Ahmed Banihammad, Mohamed Atta, Hani Hanjour, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ali Saleh Kahlah al-Marri, from Qatar but a legal US resident, arrives in the US with his wife and five children, reportedly to pursue a master’s degree in computer science at Bradley University in Peoria, Illinois. [Peoria Journal Star, 12/19/2001; New York Times, 6/21/2004] Al-Marri appears to have been sent to the US by 9/11 mastermind Khalid Shaikh Mohammed (KSM). During his interrogation, KSM will identify al-Marri as “the point of contact for al-Qaeda operatives arriving in the US for September 11 follow-on operations.” He will describe al-Marri as “the perfect sleeper agent because he has studied in the United States, had no criminal record, and had a family with whom he could travel.” [Newsweek, 6/15/2003] However, there are doubts about the reliability of KSM’s interrogation, which is believed that have been obtained through the use of torture (see June 16, 2004). Al-Marri also lived in Illinois for part of 2000 under a different name. [New York Daily News, 1/11/2003] He is apparently related to Mohamed al-Khatani, who attempted to enter the US in August 2001 to join the 9/11 plot (see July 2002). [New York Times, 6/21/2004] In December 2001, al-Marri will be detained as a material witness to the 9/11 attacks (see December 12, 2001).

Entity Tags: Mohamed al-Khatani, Khalid Shaikh Mohammed, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives, Complete 911 Timeline

An Echelon station in Menwith Hill, Britain.An Echelon station in Menwith Hill, Britain. [Source: BBC]By the 1980s, a high-tech global electronic surveillance network shared between the US, Britain, Canada, Australia, and New Zealand is gathering intelligence all over the world. The BBC describes Echelon’s power as “astounding,” and elaborates: “Every international telephone call, fax, e-mail, or radio transmission can be listened to by powerful computers capable of voice recognition. They home in on a long list of key words, or patterns of messages. They are looking for evidence of international crime, like terrorism.” [BBC, 11/3/1999] One major focus for Echelon before 9/11 is al-Qaeda. For instance, one account mentions Echelon intercepting al-Qaeda communications in Southeast Asia in 1996 (see Before September 11, 2001). A staff member of the National Security Council who regularly attends briefings on bin Laden states, “We are probably tapped into every hotel room in Pakistan. We can listen in to just about every phone call in Afghanistan.” However, he and other critics will claim one reason why US intelligence failed to stop terrorism before 9/11 was because there was too much of a focus on electronic intelligence gathering and not enough focus on human interpretation of that vast data collection. [Toronto Star, 2/2/2002]

Entity Tags: United Kingdom, United States, Osama bin Laden, Echelon, National Security Council, Canada, Australia, Al-Qaeda, New Zealand

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

Abdulaziz Alomari (a passport stamp overlaps part of his face).Abdulaziz Alomari (a passport stamp overlaps part of his face). [Source: FBI]Having spent the previous night at the Comfort Inn in Portland, Maine (see September 10, 2001), hijackers Mohamed Atta and Abdulaziz Alomari check out at 5:33 a.m. and drive their rented Nissan to the nearby Portland International Jetport Airport, entering its parking lot at 5:40 a.m. The FBI will later seize their car there. [Observer, 9/16/2001; Portland Press Herald, 10/5/2001; Federal Bureau of Investigation, 10/5/2001; Newsday, 4/17/2006] Their flight is due to take off for Boston at 6:00 a.m. (see (6:00 a.m.) September 11, 2001). The Boston Globe points out, “Any significant delay would foil [Atta’s] big plans for the day.” [Boston Globe, 9/16/2001] The 9/11 Commission later concludes: “The Portland detour almost prevented Atta and Omari from making Flight 11 out of Boston.” [9/11 Commission, 6/16/2004]

Entity Tags: Abdulaziz Alomari, Portland International Jetport, Mohamed Atta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Michael Tuohey.Michael Tuohey. [Source: CNN]9/11 hijackers Mohamed Atta and Abdulaziz Alomari check in at the US Airways counter at Portland International Jetport. [Portland Press Herald, 10/5/2001; Federal Bureau of Investigation, 10/5/2001] They are wearing ties and jackets. Atta checks in two bags, Alomari none. Atta is randomly selected for additional security scrutiny by the FAA’s Computer Assisted Passenger Prescreening System (CAPPS) (see (6:20 a.m.-7:48 a.m.) September 11, 2001). However, the only consequence is that his checked bags will be held off the plane until it is confirmed that he has boarded. [9/11 Commission, 7/24/2004, pp. 1; 9/11 Commission, 8/26/2004, pp. 2; CNN, 3/3/2006] Noting that their flight is soon due to leave, the ticket agent who checks them in, Michael Tuohey, says, “You’re cutting it close.” [Portland Press Herald, 3/6/2005] Tuohey thinks the pair seems unusual. He notices they both have $2,500 first-class, one-way tickets. He later comments, “You don’t see many of those.” Atta looks “like a walking corpse. He looked so angry.” In contrast, Tuohey will say, Alomari can barely speak English and has “a goofy smile, I can’t believe he knew he was going to die that day.” Tuohey will later recount, “I thought they looked like two Arab terrorists but then I berated myself for the stereotype and did nothing.” [Philadelphia Daily News, 2/24/2005; Mirror, 9/11/2005; CNN, 3/3/2006] Atta becomes angry when Tuohey informs him he will have to check in again in Boston. He complains that he was assured he would have a “one-step check-in.” [9/11 Commission, 8/26/2004, pp. 2; Associated Press, 3/7/2005] Tuohey will be recalled to work later in the day to speak to an FBI agent about his encounter with Atta and Alomari. He is shown video footage of them passing through the airport’s security checkpoint upstairs (see (Between 5:45 a.m. and 5:53 a.m.) September 11, 2001). Although recognizing the two men, he notices that in the video they are no longer wearing the jackets and ties they’d had on when checking in just minutes before. He assumes they must have taken these off and tucked them into their carry-on baggage. He is also informed that the security camera behind his own desk, which should have captured the two hijackers, has in fact been out of order for some time. [Portland Press Herald, 3/6/2005; CNN, 3/3/2006]

Entity Tags: Federal Aviation Administration, Computer Assisted Passenger Prescreening System, Mohamed Atta, Portland International Jetport, Abdulaziz Alomari, Michael Tuohey

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

All the alleged 9/11 hijackers reportedly check in at the airports from where they board Flights 11, 175, 77, and 93. [9/11 Commission, 7/24/2004, pp. 1-4; 9/11 Commission, 8/26/2004, pp. 27, 89, 93] Since 1998, the FAA has required air carriers to implement a program called the Computer Assisted Passenger Prescreening System (CAPPS). This identifies those passengers who might be a security risk, based upon suspicious behavior such as buying one-way tickets or paying with cash. CAPPS also randomly assigns some passengers to receive additional security scrutiny. If a particular passenger has been designated as a “selectee,” this information is transmitted to the airport’s check-in counter, where a code is printed on their boarding pass. At the airport’s security checkpoints, selectees are subjected to additional security measures. [US News and World Report, 4/1/2002; 9/11 Commission, 1/27/2004; US Congress, 3/17/2004; 9/11 Commission, 8/26/2004, pp. 2, 85] Their baggage is to be screened for explosives or held off the plane until they have boarded. Supposedly, the thinking behind this is that someone smuggling a bomb onto a plane won’t get onto that same flight. According to the 9/11 Commission, nine of the 19 hijackers are flagged by the CAPPS system before boarding Flights 11, 175, 77, and 93. [Washington Post, 1/28/2004; 9/11 Commission, 7/24/2004, pp. 84; United States of America v. Zacarias Moussaoui, a/k/a Shaqil, a/k/a Abu Khalid al Sahrawi, Defendant, 3/6/2006] In addition, Mohamed Atta was selected when he checked in at the airport in Portland, for his earlier connecting flight to Boston (see 5:33 a.m.-5:40 a.m. September 11, 2001). All of the hijackers subsequently pass through security checkpoints before boarding their flights. [9/11 Commission, 7/24/2004, pp. 1-4]

Entity Tags: Federal Aviation Administration, Computer Assisted Passenger Prescreening System

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

During this period, all five Flight 11 hijackers check in at Boston’s Logan Airport and board their plane, bound for Los Angeles. The FAA has a program in place called the Computer Assisted Passenger Prescreening System (CAPPS), which is designed to identify those passengers most likely requiring additional scrutiny by airport security (see (6:20 a.m.-7:48 a.m.) September 11, 2001). Ticket records will show that CAPPS selects three of the Flight 11 hijackers at Logan: Since Waleed Alshehri checks no bags his selection has no consequences; Wail Alshehri and Satam Al Suqami have their bags scanned for explosives, but are not stopped. All five hijackers would need to pass through a security checkpoint to reach the departure gate for their flight. Each would have been screened as they walked through a metal detector calibrated to detect items with at least the metal content of a small-caliber handgun. If they’d set this off, they would have been screened with a handheld metal detector. An X-ray machine would have screened their carry-on luggage. However, Logan Airport has no video surveillance of its security checkpoints (see 1991-2000), so there is no documentary evidence of exactly when they pass through them, or if alarms are triggered. According to the 9/11 Commission, none of the checkpoint supervisors later recall seeing any of the Flights 11 hijackers, or report anything suspicious having occurred. [9/11 Commission, 1/27/2004; 9/11 Commission, 7/24/2004, pp. 1-2; 9/11 Commission, 8/26/2004, pp. 5-6] However, a WorldNetDaily article will claim that some Logan staff members recall seeing Mohamed Atta (see (6:50 a.m.-7:40 a.m.) September 11, 2001). [WorldNetDaily, 9/21/2001] The Boston Globe will later comment, “aviation specialists have said it is unlikely that more rigorous attention to existing rules would have thwarted the 10 hijackers who boarded two jets at Logan on Sept. 11. At the time, the knives and box-cutters they were carrying were permitted.” [Boston Globe, 10/17/2001]

Entity Tags: Satam Al Suqami, Computer Assisted Passenger Prescreening System, Wail Alshehri, Federal Aviation Administration, Logan International Airport, Waleed Alshehri

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to the 9/11 Commission, between 7:03 a.m. and 7:39 a.m. the four alleged Flight 93 hijackers check in at the United Airlines ticket counter at Newark (New Jersey) Liberty International Airport. Only Ahmad Alhaznawi is selected for additional scrutiny by airport security under the FAA’s CAPPS program (see (6:20 a.m.-7:48 a.m.) September 11, 2001). The only consequence is that his checked bag is screened for explosives, and not loaded onto the plane until it is confirmed that he has boarded. [9/11 Commission, 1/27/2004; 9/11 Commission, 7/24/2004, pp. 4; 9/11 Commission, 8/26/2004, pp. 35] On their way to boarding the plane, all four would pass through a security checkpoint, which has three walk-through metal detectors, two X-ray machines, and explosive trace detection equipment. [9/11 Commission, 8/26/2004, pp. 97] The 9/11 Commission later claims Newark Airport has no video cameras monitoring its security checkpoints, so there is no documentary evidence showing when the hijackers passed through the checkpoint or what alarms may have been triggered. [9/11 Commission, 7/24/2004, pp. 4; 9/11 Commission, 8/26/2004, pp. 35] However, Michael Taylor, the president of a security company, who has done consulting work for the New York Port Authority (which operates the airport), claims that Newark does use security cameras at the time of 9/11. [Boston Herald, 9/29/2001] All of the screeners on duty at the checkpoint are subsequently interviewed, and none report anything unusual or suspicious having occurred. [9/11 Commission, 7/24/2004, pp. 4; 9/11 Commission, 8/26/2004, pp. 35] The 9/11 Commission later concludes that the passports of Ahmad Alhaznawi and fellow Flight 93 hijacker Ahmed Alnami have suspicious indicators and could have been linked to al-Qaeda, but it does not elaborate on this. [Baltimore Sun, 1/27/2004]

Entity Tags: Ahmed Alnami, Al-Qaeda, Newark International Airport, Federal Aviation Administration, Ahmed Alhaznawi, United Airlines, Computer Assisted Passenger Prescreening System

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui cheers as he watches the 9/11 attacks on television inside a prison, where he is being held on immigration charges. At his trial in 2006 (see March 6-May 4, 2006) he will recall watching television and seeing “the blue sky and the World Trade Center in flames.” [BBC, 12/12/2001; New York Times, 3/27/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Counterterrorism “tsar” Richard Clarke, who is in the White House Situation Room, instructs that US embassies overseas be closed and that US military bases raise their alert level. According to his own recollection, just after he has spoken to the acting Chairman of the Joint Chiefs of Staff Richard Myers (see 9:28 a.m. September 11, 2001), Clarke is thinking about the simultaneous attacks on the US embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998). As he describes, “There was the possibility now of multiple simultaneous attacks in several countries.” He therefore issues instructions to the State Department and the Department of Defense: “We have to assume there will be simultaneous attacks on us overseas. We need to close the embassies. Move [Department of Defense] bases to combat Threatcon.” [Clarke, 2004, pp. 5-6] (“Threatcon” is short for “terrorist threat condition.” [Slate, 9/12/2001] ) According to CNN, all US military forces will be ordered to the highest alert level at 10:10 a.m. (see (Between 10:10 a.m. and 10:35 a.m.) September 11, 2001). [CNN, 9/4/2002] But the 9/11 Commission Report will state that Secretary of Defense Donald Rumsfeld only orders the US armed forces to Defcon 3, an increased state of readiness, at 10:43 a.m. (see (10:43 a.m.-10:52 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 326 and 554] The State Department will tell US embassies to make the decision whether to close based on their own local security requirements. Around 50 US embassies or consulates around the world will therefore close, though at what time they do so is unstated. [US Department of State, 9/12/2001]

Entity Tags: Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

When a housekeeper at the Park Inn in Boston, where 9/11 hijackers Wail and Waleed Alshehri stayed before the attacks, attempts to clean their room, a “male of foreign descent” tells her she should not clean it yet and should return in the early afternoon, as someone is still asleep there. The hijackers are thought to have left the hotel and checked in for their flights several hours previously (see (6:20 a.m.-7:48 a.m.) September 11, 2001). The male’s identity is unknown and the housekeeper’s story appears to confuse the FBI, as an entry about it in an FBI timeline drafted after the attacks ends with five question marks. [Federal Bureau of Investigation, 10/2001, pp. 292 pdf file]

Entity Tags: Wail Alshehri, Waleed Alshehri

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Addington.David Addington. [Source: David Bohrer / White House]According to an in-depth examination by the Washington Post, within hours of the 9/11 attacks, Vice President Dick Cheney begins working to secure additional powers for the White House. Cheney had plans in place to begin acquiring these powers for the executive branch before the attacks, but had not begun to execute them.
Gathering the Team - David Addington, Cheney’s general counsel and legal adviser, had been walking home after having to leave the now-evacuated Eisenhower Executive Office Building. He receives a message from the White House telling him to turn around, because the vice president needs him. After Addington joins Cheney in the Presidential Emergency Operations Center (PEOC) below the East Wing of the White House, the pair reportedly begin “contemplating the founding question of the legal revolution to come: What extraordinary powers will the president need for his response?” Later in the day, Addington connects by secure video with Timothy Flanigan, the deputy White House counsel, who is in the White House Situation Room. John Yoo, the deputy chief of the Office of Legal Counsel, is also patched in from the Justice Department’s command center. White House counsel Alberto Gonzales joins them later. This forms the core legal team that Cheney will oversee after the terrorist attacks. Associate White House counsel Bradford Berenson will later recall: “Addington, Flanigan and Gonzales were really a triumvirate. [Yoo] was a supporting player.” Addington dominates the group. Gonzales is there primarily because of his relationship with President Bush. He is not, Yoo will later recall, “a law-of-war expert and [doesn’t] have very developed views.” Along with these allies, Cheney will provide what the Washington Post calls “the rationale and political muscle to drive far-reaching legal changes through the White House, the Justice Department, and the Pentagon,” which will free the president to fight the war on terror, “as he saw fit.”
Drafting the AUMF - The team begins drafting the document that will become the Authorization to Use Military Force (AUMF—see October 10, 2002) passed by Congress for the assault on Afghanistan. In the words of the group, the president is authorized “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States.”
Extraordinarily Broad Language - The language is extraordinarily broad; Yoo will later explain that they chose such sweeping language because “this war was so different, you can’t predict what might come up.” The AUMF draft is the first of numerous attempts to secure broad powers for the presidency, most justified by the 9/11 attacks. The Washington Post will later report, “In fact, the triumvirate knew very well what would come next: the interception—without a warrant—of communications to and from the United States” (see September 25, 2001). [CNN, 9/11/2001; CNN, 9/12/2001; Unger, 2007, pp. 220-221; Washington Post, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, Timothy E. Flanigan, Craig Unger, Bradford Berenson, David S. Addington, Alberto R. Gonzales

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

President Bush asks Mike Morell, his CIA briefer, who is responsible for today’s attacks on the US and Morell says he is sure al-Qaeda is to blame. About 15 minutes after Air Force One left Barksdale Air Force Base (see 1:37 p.m. September 11, 2001), White House chief of staff Andrew Card enters the staff section of the plane, where Morell is seated, and tells Morell that the president wants to see him. Morell goes to Bush’s office, where he then sits alone with the president and Card.
CIA Briefer Says He'd Bet Al-Qaeda Was behind the Attacks - Bush wants to know who Morell thinks is responsible for today’s attacks. “Michael, who did this?” he asks. Morell explains that he doesn’t have any intelligence indicating who is to blame, so he will simply provide his personal opinion. “I said that there were two countries capable of carrying out an attack like this, Iran and Iraq, but I believed both would have everything to lose and nothing to gain from the attack,” he will later recall. The culprit was almost certainly a non-state actor, he says, adding that he has no doubt that the trail of evidence will lead to the doorstep of Osama bin Laden and al-Qaeda. “I’d bet my children’s future on that,” he says.
Briefer Is Unsure How Long It Will Take to Determine Who Is Responsible - “When will we know?” Bush asks. Morell replies, “I can’t say for sure,” and then goes over some recent terrorist attacks and says how long it took the CIA to determine, with any certainty, who was responsible. He says that in the case of the 1998 bombings of the US embassies in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998), it took a couple of days; with the bombing of the USS Cole in Yemen in 2000 (see October 12, 2000), it took a couple of months; but with the 1996 bombing of the Khobar Towers in Saudi Arabia (see June 25, 1996), it had taken over a year. He says the CIA may know soon who is to blame for today’s attacks, but then again it might take some time. Bush says nothing in response once Morell has finished giving his views on who is responsible for today’s attacks and the men sit in silence for a while. Finally, Morell asks, “Is there anything else, Mr. President?” and Bush replies, “No, Michael, thank you.” Morell then returns to his seat in the staff section of the plane. [Studies in Intelligence, 9/2006 pdf file; Morell and Harlow, 2015, pp. 55-56; Politico Magazine, 9/9/2016] Bush will learn that the CIA has linked al-Qaeda to today’s attacks later this afternoon, after Air Force One lands at Offutt Air Force Base in Nebraska (see 2:50 p.m. September 11, 2001). During a video teleconference, CIA Director George Tenet will tell him that early signs indicate the terrorist group is behind the attacks (see (3:15 p.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 326; Bowden, 2012, pp. 17-18]

Entity Tags: Michael J. Morell, George W. Bush, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI’s Minneapolis office asks for permission to interview Zacarias Moussaoui a few hours after the end of the 9/11 attacks, but permission is denied, apparently on the grounds that there is no emergency. On 9/11, the office’s counsel, Coleen Rowley, seeks permission from the Acting US Attorney to question Moussaoui about whether al-Qaeda has any further plans to hijack airliners or otherwise attack the US. The next day she asks again; this time the request is sent to the Justice Department. Such questioning would not usually be permitted, but Rowley argues that it should be allowed under a public safety exception. However, permission is denied and Rowley is told that the emergency is over so the public safety exception does not apply. Rowley will later comment: “We were so flabbergasted about the fact we were told no public safety emergency existed just hours after the attacks that my boss advised me to document it in a memo which became the first document in the legal subfile of the FBI’s ‘Penttbom’ case.” [Huffington Post, 5/2/2007] Some sources will suggest that Moussaoui was to be part of a second wave of attacks (see September 5, 2002). He is also an associate of shoe bomber Richard Reid, who will attempt to blow up an airliner later this year (see Mid-2000-December 9, 2000 and December 22, 2001).

Entity Tags: FBI Minnesota field office, Coleen Rowley, Zacarias Moussaoui, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Logo of the International Islamic Relief Organization.Logo of the International Islamic Relief Organization. [Source: International Islamic Relief Organization]A man is questioned by the police after being noticed behaving suspiciously near the Capitol building in Washington, DC, and found to belong to an organization with links to terrorism. Suspicions are raised about the man after he is observed following members of the press around the Capitol building and trying to listen in on their conversations. The man is subsequently held by the Capitol Police and questioned. His name is found to be “Shaykh M. Zacharias,” according to an FAA log. He is a member of the International Islamic Relief Organization (IIRO), is employed by a non-governmental organization in Nairobi, Kenya, and is “somehow connected” to the bombing of the US embassy in Nairobi in August 1998 (see 10:35-10:39 a.m., August 7, 1998). The police have permission to search his hotel room, according to the FAA log. Further details of what, if anything, inquiries into the man discover are unstated. [Federal Aviation Administration, 9/11/2001] The IIRO, of which he is a member, is a charity funded by the Saudi Arabian government and private Saudi individuals. [Emerson, 2002, pp. 157] Police believe it is a front for financing terrorism. [Los Angeles Times, 6/24/2002]

Entity Tags: US Capitol Police

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After the September 11 attacks, there is a dramatic increase in the frequency of US-requested “renditions.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] Officially, the original purpose of renditions was to bring suspected foreign criminals, such as drug kingpins, to justice (see 1993). But after September 11, it is used predominantly to arrest and detain foreign nationals designated as suspected terrorists and bring them to foreign countries that are willing to hold them indefinitely for further questioning and without public proceedings. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01; Washington Post, 1/2/2005, pp. A01] According to one CIA officer interviewed by the Washington Post, after September 11, “The whole idea [becomes] a corruption of renditions—It’s not rendering to justice, it’s kidnapping.” [Washington Post, 1/2/2005, pp. A01] “There was a debate after 9/11 about how to make people disappear,” a former intelligence official will tell the New York Times in May 2004. [New York Times, 5/13/2004] By the end of 2002, the number of terrorism suspects sent to foreign countries is in the thousands. Many of the renditions involve captives from the US operation in Afghanistan. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] The countries receiving the rendered suspects are often known human rights violators like Egypt, Syria, Jordan, Saudi Arabia, and Morocco, all of which have histories of using torture and other methods of interrogation that are not legal in the US. The rendition program often ignores local and international extradition laws. [Washington Post, 3/11/2002, pp. A01] In fact, US officials have admitted that the justification for rendition is sometimes fabricated—the US requests that a suspect be rendered, and then the allied foreign government charges the person “with a crime of some sort.” [Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003] After a suspect is relocated to another country, US intelligence agents may “remain closely involved” in the interrogations, sometimes even “doing [them] together” with the foreign government’s intelligence service. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01] The level of cooperation with Saudi interrogators is allegedly high. “In some cases,” according to one official, “we’re able to observe through one-way mirrors the live investigations. In others, we usually get summaries. We will feed questions to their investigators.” He adds, however, “They’re still very much in control.” [Washington Post, 12/26/2002] Joint intelligence task forces, which consist of members from the CIA, FBI, and some other US law enforcement agencies, allegedly control to a large extent the approximately 800 terrorism suspects detained in Saudi Arabia. [Washington Post, 5/11/2004, pp. A01]
Countries involved in the practice of rendition -
Egypt - Amnesty International’s 2003 annual report says that in Egypt, “Torture and ill-treatment of detainees continued to be systematic” during 2002. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Amnesty International, 2003]
Jordan - The State Department’s 2001 annual human rights report states, “The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.” US officials are quoted in the Washington Post in 2002 calling Jordan’s interrogators “highly professional.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Morocco - Morocco “has a documented history of torture, as well as longstanding ties to the CIA.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Syria - Amnesty International’s 2003 annual report notes: “Hundreds of political prisoners remained in prolonged detention without trial or following sentences imposed after unfair trials. Some were ill but were still held in harsh conditions. Ten prisoners of conscience were sentenced to up to 10 years’ imprisonment after unfair trials before the Supreme State Security Court (SSSC) or the Criminal Court. There were fewer reports of torture and ill-treatment, but cases from previous years were not investigated. At least two people died in custody.” [Washington Post, 12/26/2002; Amnesty International, 2003]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

NSA director Michael Hayden addresses the NSA in a global videoconference, saying that the NSA, like other government agencies, will have to do more to protect the country from further terrorist attacks. The challenge, he says, is to balance Americans’ security with civil liberties, “to keep America free by making Americans feel safe again.” Hayden will say in a 2006 speech reflecting on that videoconference (see January 23, 2006) that US citizens operate under misconceptions about the NSA’s capabilities—that while citizens believe the NSA has a global electronic surveillance network that can, and does, spy on citizens willy-nilly, in reality the NSA is understaffed and unprepared to handle the technological advances of the last decade. Hayden will say that with more extensive domestic surveillance of US citizens and foreign visitors, the NSA could have caught some of the 9/11 hijackers before they were able to put their plan into motion. The standards by which US citizens and foreign visitors are monitored must change, Hayden believes.
Expansion of NSA Surveillance Powers - Using Ronald Reagan’s 1981 executive order 12333 (see December 4, 1981), Hayden expands the NSA’s domestic surveillance practices to eavesdrop, sometimes without court approval, on selected international calls made by US citizens. Though Hayden’s expansion of NSA surveillance is not directly authorized by President Bush, and is not the same program as authorized by Bush’s secret executive order of 2002 (see Early 2002), Hayden will later say that this expansion is based on the intelligence community’s assessment “of a serious and continuing threat to the homeland.” Hayden’s program is reviewed and approved by lawyers at the NSA, the Justice Department, and the White House, as well as Attorney General John Ashcroft. [Michael Hayden, 1/23/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, US Department of Justice, National Security Agency, John Ashcroft, George W. Bush, Bush administration (43), Ronald Reagan, Michael Hayden

Timeline Tags: Civil Liberties

The US Congress adopts a joint resolution, the Authorization for Use of Military Force (AUMF), that determines that “the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” Congress also states that the “grave acts of violence” committed on the US “continue to pose an unusual and extraordinary threat to [its] national security and foreign policy.” [US Congress, 9/14/2001] President Bush signs the resolution into law on September 18. [White House, 9/18/2001] The passage of the AUMF served another purpose: to extend presidential power. While the Defense Department and the Joint Chiefs of Staff intended the AUMF to define the conflict in narrow terms, and authorize the US to move militarily against al-Qaeda and its confederates, and the Taliban, Vice President Dick Cheney and his chief of staff, David Addington, had a larger goal. Attorney Scott Horton, who has written two major studies on interrogation of terrorism suspects for the New York City Bar Association, says in 2005 that Cheney and Addington “really wanted [the AUMF defined more broadly], because it provided the trigger for this radical redefinition of presidential power.” Addington helped draft a Justice Department opinion in late 2001, written by lawyer John Yoo (see Late September 2001), that asserted Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response.” [US News and World Report, 5/21/2006]

Entity Tags: US Department of Defense, Taliban, Scott Horton, Joint Chiefs of Staff, Richard (“Dick”) Cheney, David S. Addington, George W. Bush, John C. Yoo, Al-Qaeda, Authorization to Use Military Force (AUMF)

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

A self-styled White House “war council” begins meeting shortly after the 9/11 attacks, to discuss the administration’s response to the attacks and the methods it will use (see (After 10:00 a.m.) September 11, 2001). The ad hoc group is composed of White House counsel Alberto Gonzales, Justice Department lawyer John Yoo, Pentagon chief counsel William J. Haynes, and the chief aide to Vice President Dick Cheney, David Addington. According to Jack Goldsmith, who will become head of the Justice Department’s Office of Legal Counsel (OLC) in 2003 (see October 6, 2003), the four believe that the administration’s biggest obstacle to responding properly to the 9/11 attacks is the body of domestic and international law that arose in the 1970s to constrain the president’s powers after the criminal excesses of Richard Nixon’s White House. Chief among these restraints is the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978). Though Addington tends to dominate the meetings with his imposing physical presence and aggressive personality, Yoo is particularly useful to the group; the head of the OLC, Jay Bybee (whom Goldsmith will replace) has little experience with national security issues, and delegates much of the responsibility for that subject to Yoo, even giving him the authority to draft opinions that are binding on the entire executive branch. Yoo agrees wholeheartedly with Addington, Gonzales, and Cheney about the need for vastly broadened presidential powers. According to Goldsmith, Yoo is seen as a “godsend” for the White House because he is eager to draft legal opinions that would protect Bush and his senior officials from any possible war crimes charges. However, Yoo’s direct access to Gonzales angers Attorney General John Ashcroft, who feels that the “war council” is usurping legal and policy decision-making powers that are legally his own. [New York Times Magazine, 9/9/2007] In 2009, Goldsmith will say, “[I]it was almost as if they [Cheney and Addington] were interested in expanding executive power for its own sake.” [Vanity Fair, 2/2009]

Entity Tags: Richard (“Dick”) Cheney, William J. Haynes, Richard M. Nixon, Office of Legal Counsel (DOJ), Jay S. Bybee, Jack Goldsmith, John C. Yoo, Bush administration (43), Foreign Intelligence Surveillance Act, Alberto R. Gonzales, David S. Addington

Timeline Tags: Civil Liberties

The Justice Department publishes an interim regulation allowing non-citizens suspected of terrorism to be detained without charge for 48 hours or “an additional reasonable period of time” in the event of an “emergency or other extraordinary circumstance.” [New York Times, 9/19/2001] The new rule is used to hold hundreds indefinitely until the Patriot Act passes in October (see October 26, 2001), providing more solid grounds to hold non-citizens without charge.

Entity Tags: US Department of Justice

Timeline Tags: Civil Liberties

The FBI hires Turkish-American Sibel Edmonds as a contract translator for Turkish, Azerbaijani, and Farsi. In the wake of the 9/11 attacks, the FBI is desperately seeking qualified individuals to translate backlogged wiretaps and help authorities interview detained suspects. [Anti-War (.com), 7/1/2004] Before 9/11, there was not a single Turkish-language specialist at the bureau. [Vanity Fair, 9/2005] Fluent in both Turkish and Azerbaijani, Edmonds works as a “linguist” in those languages. For Farsi, which Edmonds hasn’t spoken in 25 years, she is only a “monitor.” (An FBI translator is either a “linguist” or a “monitor” for any given language. Linguists are more qualified and consequently have broader roles. For example, while linguists can do verbatim translations, monitors may only produce summaries. [Anti-War (.com), 7/1/2004] ) As a contract translator, Edmonds is given a flexible schedule. On average she will work four evenings a week logging between 10 and 25 hours weekly. Almost 75 percent of her work will relate to pre-9/11 intelligence. [Anti-War (.com), 7/1/2004] The work of FBI translators is very important because the translator is often the bureau’s first filter that incoming intelligence must pass through. It is the responsibility of translators to decide what needs to be translated verbatim, what can simply be summarized, and what can be dismissed as not pertinent. In making these decisions, translators are not required to consult field agents or analysts. [Anti-War (.com), 7/1/2004] In fact, agents can’t even access the translation area unless they are escorted by a translator. [WorldNetDaily, 1/7/2004; United Press International, 3/31/2004] A translator’s decision to mark a wiretap as “not pertinent” is usually final. Though all documents and transcripts are supposed to be reviewed by at least two translators, this never actually happens, according to Edmonds, even after 9/11. [Anti-War (.com), 7/1/2004]

Entity Tags: Federal Bureau of Investigation, Sibel Edmonds

Timeline Tags: Complete 911 Timeline

In a memo, responding to a request from Deputy White House Counsel Timothy E. Flanigan, Justice Department lawyer John C. Yoo provides legal advice on “the legality of the use of military force to prevent or deter terrorist activity inside the United States.” He addresses the question of how the Fourth Amendment to the US Constitution applies to the use of “deadly force” by the military “in a manner that endangered the lives of United States citizens.” The Fourth Amendment requires the government to have some objective suspicion of criminal activity before it can infringe on an individual’s liberties, such as the right to privacy or the freedom of movement. Yoo writes that in light of highly destructive terrorist attacks, “the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.” If the president determines the threat of terrorism high enough to deploy the military inside US territory, then, Yoo writes, “we think that the Fourth Amendment should be no more relevant than it would be in cases of invasion or insurrection.” [New York Times, 10/24/2004] A month later, the Justice Department will issue a similar memo (see October 23, 2001).

Entity Tags: John C. Yoo, Timothy E. Flanigan, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135]
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals (see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138]

Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

John Yoo, a deputy assistant attorney general in the Department of Justice (DOJ) Office of Legal Counsel (OLC), issues a legal opinion that says the US can conduct electronic surveillance against its citizens without probable cause or warrants. According to the memo, the opinion was drafted in response to questions about whether it would be constitutional to amend the Foreign Intelligence Surveillance Act (FISA) to state that searches may be approved when foreign intelligence collection is “a purpose” of the search, rather than “the purpose.” Yoo finds this would be constitutional, but goes further. He asserts that FISA is potentially in conflict with the Constitution, stating, “FISA itself is not required by the Constitution, nor is it necessarily the case that its current standards match exactly to Fourth Amendment standards.” Citing Vernonia School Dist. 47J v. Acton, in which the Supreme Court found that warrantless searches of students were permissible, Yoo argues that “reasonableness” and “special needs” are also the standards according to which warrantless monitoring of the private communications of US persons is permissible. According to Yoo, the Fourth Amendment requirement for probable cause and warrants prior to conducting a search pertain primarily to criminal investigations, and in any case cannot be construed to restrict presidential responsibility and authority concerning national security. Yoo further argues that in the context of the post-9/11 world, with the threat posed by terrorism and the military nature of the fight against terrorism, warrantless monitoring of communications is reasonable. Some information indicates the NSA began a broad program involving domestic surveillance prior to the 9/11 attacks, which contradicts the claim that the program began after, and in response to, the attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [US Department of Justice, 9/25/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Inspectors General, 7/10/2009]
Yoo Memo Used to Support Legality of Warrantless Surveillance - Yoo’s memo will be cited to justify the legality of the warrantless domestic surveillance program authorized by President Bush in October 2001 (see October 4, 2001). NSA Director General Michael Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general.” The various post-9/11 NSA surveillance activities authorized by Bush will come to be referred to as the President’s Surveillance Program (PSP), and the first memo directly supporting the program’s legality will be issued by Yoo on November 2, 2001, after the program has been initiated (see November 2, 2001). Many constitutional authorities will reject Yoo’s legal rationale. [Michael Hayden, 1/23/2006]
Yoo Memo Kept Secret from Bush Officials Who Might Object - According to a report by Barton Gellman and Jo Becker in the Washington Post, the memo’s “authors kept it secret from officials who were likely to object,” including ranking White House national security counsel John Bellinger, who reports to National Security Adviser Condoleezza Rice. Bellinger’s deputy, Bryan Cunningham, will tell the Post that Bellinger would have recommended having the program vetted by the Foreign Intelligence Surveillance Court, which oversees surveillance under FISA. Gellman and Becker quote a “senior government lawyer” as saying that Vice President Dick Cheney’s attorney, David Addington, had “open contempt” for Bellinger, and write that “more than once he accused Bellinger, to his face, of selling out presidential authority for good ‘public relations’ or bureaucratic consensus.” [Washington Post, 6/24/2007]

Entity Tags: US Department of Justice, John Bellinger, National Security Agency, Bryan Cunningham, Condoleezza Rice, David S. Addington, Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, Office of Legal Counsel (DOJ), John C. Yoo, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Mohamed Abdi, a 44-year-old Somali immigrant whose phone number was found in a car belonging to one the 9/11 hijackers, is detained without bail in Alexandria, Va. On September 12, 2001, FBI investigators discovered a car registered to 9/11 hijacker Nawaf Alhazmi at Dulles Airport (see September 11-13, 2001). In the car, they found a Washington-area map with the name “Mohumad” and a Virginia phone number belonging to Mohamed Abdi. At the court hearing, an FBI investigator says that Abdi has not explained the finding and is suspected of being linked to the hijackers. FBI Special Agent Kevin W. Ashby also testifies that an article on Ahmed Ressam was found in Abdi’s clothing. Ressam was convicted of trying to bomb Los Angeles Airport in 2000 (see December 14, 1999). According to press reports, Abdi is not cooperating with police. He came to the United States in 1993 as a refugee. He later brought his wife and four children to the US and obtained US citizenship. Shortly after his arrival, Abdi worked for Caterair, a food service company at Reagan National Airport. At the time of his arrest, Abdi had been working as a low-paid security guard for Burns Security for seven years. Burns does not provide airport security services, however, a Burns subsidiary called Globe Aviation Services provides screening services at several US airports, including the American Airlines concourse at Boston’s Logan Airport, from which one of the hijacked flights took off (see October 10, 2001). Abdi, who has had financial difficulties for some time, is charged with check forgery. He is accused of forging his landlord’s signature to obtain a government housing subsidy. No terrorism charges are filed. [US District Court Eastern District of Virginia, 9/23/2001 pdf file; Washington Post, 9/27/2001 pdf file; Human Events, 10/15/2001; Human Events, 10/15/2001] In January 2002, Abdi will receive a four-month sentence for forgery. Any link he may have had with the hijackers will remain unclear. [Washington Post, 1/12/2002]

Entity Tags: Washington Dulles International Airport, Ronald Reagan Washington National Airport, Nawaf Alhazmi, Logan International Airport, Mohamed Abdi, Globe Aviation Services Corp., Federal Bureau of Investigation, Burns Security

Timeline Tags: Complete 911 Timeline

Lt. Col. Stuart Couch.Lt. Col. Stuart Couch. [Source: Wall Street Journal]Mohamedou Ould Slahi, a Mauritanian businessman and alleged liaison between Islamic radicals in Hamburg and Osama bin Laden with foreknowledge of the 9/11 plot (see 1999 and January-April 2000), is arrested in Mauritania by secret police, his family says. By December, he will be in US custody. He will later be housed at a secret CIA facility within Camp Echo at the Guantanamo Bay Naval Station. [Washington Post, 12/17/2004] In 2007, it will be reported that one of Slahi’s prosecutors, Lt. Col. Stuart Couch, has refused to continue to prosecute Slahi after learning details of Slahi’s tortures at Guantanamo. [Wall Street Journal, 3/31/2007] The Nation will later report, “Aside from the beatings, waterboarding, stress positions, and sexual degradation that have been the norm at Guantanamo, Slahi was taunted with details of his mother’s incarceration and rape in an elaborate hoax by an officer who claimed to be representing the White House.” While Couch believes Slahi is a high-level al-Qaeda operative, he also believes the much of the evidence against him is not credible because of the methods used to obtain it. [Nation, 4/4/2007]

Entity Tags: Stuart Couch, Mohamedou Ould Slahi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

According to author Ronald Kessler’s November 2007 book The Terrorist Watch, the NSA’s domestic surveillance program begins around two weeks after the 9/11 attacks, when President Bush meets with NSA director Michael Hayden and other NSA officials in the Oval Office. According to chief of staff Andrew Card, in attendance, Bush asks, “What tools do we need to fight the war on terror?” Hayden suggests revamping NSA guidelines to allow the agency to wiretap domestic phone calls and intercept e-mails to and from terror suspects if one end of the communication is overseas. Kessler gives the following rather lurid example: “Thus, if [Osama] bin Laden were calling the US to order the detonation of a nuclear device, and the person he called began making overseas calls, NSA could listen in to those calls as well as to bin Laden’s original call.” Kessler is a chief correspondent for the extremist conservative Web site NewsMax; his assertion is disputed by evidence suggesting that the domestic surveillance program began well before the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [Kessler, 2007, pp. 130]

Entity Tags: National Security Agency, Andrew Card, Michael Hayden, Ronald Kessler, George W. Bush

Timeline Tags: Civil Liberties

NSA Director Michael Hayden briefs the House Intelligence Committee on the NSA’s efforts to combat terrorism. Though the NSA is already working on a domestic wiretapping program to spy, without warrants, on US citizens (see Early 2002), Hayden does not mention the program to the committee members, but merely discusses the ramifications of President Reagan’s Executive Order 12333 (see December 4, 1981 and September 13, 2001) on NSA functions. He does not mention that Reagan’s executive order forbids warrantless surveillance of US citizens “unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power.” On October 11, committee member Nancy Pelosi (D-CA) will write to Hayden expressing her concerns about the warrantless nature of the NSA wiretaps (see October 11, 2001). [Washington Post, 1/4/2006]

Entity Tags: National Security Agency, House Intelligence Committee, Michael Hayden, Nancy Pelosi, Terrorist Surveillance Program, Ronald Reagan

Timeline Tags: Civil Liberties

Sen. Russell Feingold will ultimately be the only senator to vote against the Patriot Act.
Sen. Russell Feingold will ultimately be the only senator to vote against the Patriot Act. [Source: Publicity photo]The “anti-terrorism” Patriot Act is introduced in Congress. The act is technically known as The USA PATRIOT Act, which stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.” [US Congress, 10/2/2001] The legislation was ready four days after the 9/11 attacks, in what Attorney General John Ashcroft called a “full-blown legislative proposal” ready to submit to Congress. The proposal is actually a revamping and enlargement of the Clinton-era antiterrorism legislation first proposed after the Oklahoma City terrorist bombing (see April 25, 1996). [Roberts, 2008, pp. 36]

Entity Tags: US Congress, USA Patriot Act, John Ashcroft

Timeline Tags: Civil Liberties

President Bush issues a directive authorizing the National Security Agency (NSA) to operate a warrantless domestic surveillance program. Author/journalist Jane Mayer will report in 2011, “[O]n October 4, 2001, Bush authorized the policy, and it became operational by October 6th,” and, “[t]he new policy, which lawyers in the Justice Department justified by citing President Bush’s executive authority as commander in chief, contravened a century of constitutional case law.” Mayer will interview NSA whistleblower Thomas Drake for her article and quote him as saying that, following the October 4 directive, “strange things were happening. Equipment was being moved. People were coming to me and saying, ‘We’re now targeting our own country!’” Bush’s directive is based on a legal opinion drafted by Department of Justice Office of Legal Counsel Deputy Attorney General John Yoo (see September 25, 2001). [New Yorker, 5/23/2011]
Conflicting Information regarding Date of First Authorization - The existence of the NSA’s domestic surveillance program will first be made public in December 2005, following reporting by the New York Times that will cite “[n]early a dozen current and former officials” (see December 15, 2005). The Times article will state that in 2002, “[m]onths after the Sept. 11 attacks,” Bush signed an executive order authorizing the NSA to monitor domestic phone calls, including those of US citizens and permanent residents, if one end of the call was outside the country. The Times article also mentions an NSA “‘special collection program’ [that] began soon after the Sept. 11 attacks, as it looked for new tools to attack terrorism.” The difference between the October 4, 2001 directive and the 2002 executive order referred to by the Times is unclear. [New York Times, 12/16/2005]
Other Sources for October Directive - Other sources, including Bush, NSA Director General Michael Hayden, and the inspectors general of five separate agencies, will later refer to a presidential order having been given in “October,” or “weeks” after the 9/11 attacks, and say that, subsequent to this order, international calls of US persons are targeted for content-monitoring. Following the publication of the Times article, Bush will say in a December 17, 2005 radio address: “In the weeks following the terrorist attacks on our nation, I authorized the National Security Agency, consistent with US law and the Constitution, to intercept the international communications of people with known links to al-Qaeda and related terrorist organizations. Before we intercept these communications, the government must have information that establishes a clear link to these terrorist networks” (see December 17, 2005). This presidential authorization was based on a legal opinion drafted by Department of Justice Office of Legal Counsel attorney John Yoo (see October 18, 2001). [WhiteHouse(.gov), 12/17/2005] Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001,” which is when he “gathered key members of the NSA workforce… [and] introduced [the NSA’s] new operational authority to them.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general,” and that “the three most senior and experienced lawyers in NSA… supported the lawfulness of this program.” [Michael Hayden, 1/23/2006] In a July 10, 2009 jointly-issued report, the inspectors general of the Department of Defense, Department of Justice, CIA, NSA, and Office of the Director of National Intelligence will refer to the “President’s Surveillance Program” (PSP) and “the program’s inception in October 2001.” The report will say: “One of the activities authorized as part of the PSP was the interception of the content of communications into and out of the United States where there was a reasonable basis to conclude that one party to the communication was a member of al-Qaeda or related terrorist organizations.… The attorney general subsequently publicly acknowledged the fact that other intelligence activities were also authorized under the same presidential authorization, but the details of those activities remain classified.” [Inspectors General, 7/10/2009] Citing “a senior administration official,” the Washington Post will report on January 4, 2006: “The secret NSA program… was authorized in October 2001.… The president and senior aides have publicly discussed various aspects of the program, but neither the White House, the NSA, nor the office of the director of national intelligence would say what day the president authorized it.” [Washington Post, 1/4/2006]

Entity Tags: US Department of Justice, Thomas Drake, US Department of Defense, Office of Legal Counsel (DOJ), Office of the Director of National Intelligence, Michael Hayden, National Security Agency, George W. Bush, Central Intelligence Agency, John C. Yoo, Jane Mayer

Timeline Tags: Civil Liberties

President Bush sends a letter to Congress informing legislators that he has ordered US armed forces into combat against the Taliban (see October 7, 2001). Bush does not rely on Congress’s Authorization for Use of Military Force (AUMF—see September 14-18, 2001), but instead asserts his unilateral authority as president to take the country into war. “I have taken these actions pursuant to my constitutional authority to conduct US foreign relations as commander in chief and chief executive,” he writes (see 1787). His letter goes on to express his appreciation to Congress for its “support” in his decision to begin a war against a foreign entity. [Savage, 2007, pp. 127-128]

Entity Tags: Taliban, George W. Bush

Timeline Tags: Civil Liberties

Bensayah Belkacem at Guantanamo.Bensayah Belkacem at Guantanamo. [Source: US Defense Department]US intelligence intercepts numerous phone calls between Abu Zubaida and other al-Qaeda leaders and Bensayah Belkacem, an operative living in Bosnia. The New York Times will later report that shortly after 9/11, “American intelligence agencies, working closely with the government of neighboring Croatia, listened in as Mr. Belkacem and others discussed plans for attacks.” One US official says, “He was apparently on the phone constantly to Afghanistan, with Zubaida and others. There were dozens of calls to Afghanistan.” Belkacem, an Algerian, had moved to Bosnia to fight in the early 1990s war there, then obtained Bosnian citizenship and settled in Zenica, working for an Islamic charity. [New York Times, 1/23/2002] On October 8, 2001, Bosnian police detain Belkacem. While searching his home, they find a piece of note listing the name “Abu Zubeida” and Zubaida’s phone number. [Washington Post, 8/21/2006] It is later revealed that Belkacem made 70 calls to Zubaida between 9/11 and his arrest and more calls before then. He had repeatedly sought a visa to leave Bosnia for Germany just before 9/11. Phone transcripts show Zubaida and Belkacem discussed procuring passports. [Time, 11/12/2001] A US official will later claim that it was believed Zubaida was in Afghanistan with bin Laden at the time of Belkacem’s arrest. [New York Times, 1/23/2002] It has not been explained why this knowledge was not used to capture or kill Zubaida and/or bin Laden. It appears that Western intelligence agencies had been monitoring Zubaida’s calls as far back as 1996 (see (Mid-1996) and October 1998 and After). Belkacem and five of his associates will be renditioned to Guantanamo Bay prison in 2002 and remain imprisoned there (see January 18, 2002).

Entity Tags: Abu Zubaida, Bensayah Belkacem, US intelligence

Timeline Tags: Complete 911 Timeline

On October 9, 2001, Senator Russ Feingold (D-WI) blocks an attempt to rush the Patriot Act to a vote with little debate and no opportunity for amendments. He criticizes the bill as a threat to civil liberties. [Associated Press, 10/10/2001] One day earlier, in the story “Cracks in Bipartisanship Start to Show,” the Washington Post reported, “Congress has lost some of the shock-induced unity with which it first responded to the [9/11] attacks.” [Washington Post, 10/8/2001] Also on October 9, identical anthrax letters are postmarked in Trenton, New Jersey, with lethal doses to Senators Tom Daschle and Patrick Leahy. Inside both letters are the words, “Death to America, Death to Israel, Allah is Great” (see October 15, 2001). [Associated Press, 8/7/2008]

Entity Tags: Russell D. Feingold, USA Patriot Act

Timeline Tags: Civil Liberties, 2001 Anthrax Attacks

The FBI releases a list of its 22 most wanted terrorists. The US government offers up to $5 million for information leading to the capture of anyone of the list. The men are:
bullet Al-Qaeda leaders Osama bin Laden, who was indicted by a grand jury in 1998 (see June 8, 1998), Ayman al-Zawahiri, linked to a 1995 bombing in Pakistan (see November 19, 1995), and Mohammed Atef, who provided training to Somali fighters before the Black Hawk Down incident (see Late 1992-October 1993);
bullet Khalid Shaikh Mohammed (KSM), for his role in the 1995 Bojinka plot (see January 6, 1995). KSM is actually the mastermind of 9/11, although the US intelligence community has allegedly not yet pieced this information together (see (November 7, 2001));
bullet Several other operatives suspected of involvement in the 1998 US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998): Fazul Abdullah Mohammed (see August 2, 2008), Mustafa Fadhil, Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam (see August 6-7, 1998)), Ahmed Khalfan Ghailani (see July 25-29, 2004), Sheikh Ahmed Salim Swedan (see July 11, 2002), Abdullah Ahmed Abdullah (see September 10, 2002), Anas al-Liby (see January 20, 2002- March 20, 2002), Saif al-Adel (see Spring 2002), Ahmed Mohammed Hamed Ali, and Mushin Musa Matwalli Atwah (see April 12, 2006);
bullet Abdul Rahman Yasin, a US-Iraqi involved in the 1993 World Trade Center bombing (see March 4-5,1993);
bullet Ahmed Ibrahim Al-Mughassil, Ali Saed Bin Ali El-Houri, Ibrahim Salih Mohammed Al-Yacoub, and Abdelkarim Hussein Mohamed Al-Nasser, for their alleged part in the 1996 Khobar Towers bombing in Saudi Arabia (see June 25, 1996);
bullet Imad Mugniyah, Hassan Izz-Al-Din, and Ali Atwa for the hijacking of TWA Flight 847 in June 1985. [CNN, 10/10/2001]

Entity Tags: Mohammed Atef, Mushin Musa Matwalli Atwah, Mustafa Fadhil, Osama bin Laden, Saif al-Adel, Khalid Shaikh Mohammed, Usama al-Kini, Sheikh Ahmed Salim Swedan, Imad Mugniyah, Mohammed Hamed Ali, Hassan Izz-Al-Din, Abdullah Ahmed Abdullah, Abdul Rahman Yasin, Abdelkarim Hussein Mohamed Al-Nasser, Ahmed Ibrahim Al-Mughassil, Ahmed Khalfan Ghailani, Ibrahim Salih Mohammed Al-Yacoub, Ali Saed Bin Ali El-Houri, Fazul Abdullah Mohammed, Federal Bureau of Investigation, Ali Atwa, Ayman al-Zawahiri, Anas al-Liby

Timeline Tags: Complete 911 Timeline

Nancy Pelosi.Nancy Pelosi. [Source: US Congress]House Minority Leader Nancy Pelosi (D-CA) writes to NSA Director Michael Hayden questioning the nature and extent of the apparently illegal warrantless wiretapping of US citizens by the agency. Pelosi and other members of the House Intelligence Committee were briefed on October 1, 2001, by Hayden, whose agency began conducting surveillance against US citizens after the 9/11 attacks (see After September 11, 2001). Pelosi will release the letter on January 6, 2006, three weeks after the New York Times revealed that the NSA had been conducting electronic surveillance of US citizens without warrants since at least 2002 (see December 15, 2005.) Pelosi’s office will also release Hayden’s response, but almost the entire letter from Hayden is redacted.
Letter to Hayden - Pelosi writes in part, “[Y]ou indicated [in the briefing] that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance under the Foreign Intelligence Surveillance Act and related statutes, orders, regulations, and guidelines.… For several reasons, including what I consider to be an overly broad interpretation of President Bush’s directive of October 5 on sharing with Congress ‘classified or sensitive law enforcement information’ it has not been possible to get answers to my questions. Without those answers, the concerns I have about what you said on the First can not be resolved, and I wanted to bring them to your attention directly. You indicated that you were treating as a matter of first impression, [redacted ] being of foreign intelligence interest. As a result, you were forwarding the intercepts, and any information [redacted ] without first receiving a request for that identifying information to the Federal Bureau of Investigation. Although I may be persuaded by the strength of your analysis [redacted ] I believe you have a much more difficult case to make [redacted ] Therefore, I am concerned whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting. Until I understand better the legal analysis regarding the sufficiency of the authority which underlies your decision on the appropriate way to proceed on this matter, I will continue to be concerned.” The only portion of Hayden’s October 18 reply regarding Pelosi’s concerns that has not been redacted reads, “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” In January 2006, an NSA official will say that Pelosi’s concerns were adequately addressed in Hayden’s reply, and in a private briefing shortly thereafter. [Washington Post, 1/4/2006; Nancy Pelosi, 1/6/2006]
Pelosi Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Pelosi is apparently unaware of any of this.

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi

Timeline Tags: Civil Liberties

Muslim World League logo.
Muslim World League logo. [Source: Muslim World League]The International Islamic Relief Organization (IIRO) and the Muslim World League (MWL) are Saudi charities directly financed by the Saudi government. In 1996, the CIA gave the State Department a report detailing evidence that the IIIRO supported terrorism. It claimed the IIRO has funded Hamas and six militant training camps in Afghanistan, and one funder of the Bojinka plot to blow up airplanes over the Pacific was the head of the IIRO office in the Philippines (see January 1996). US intelligence officials also believe that MWL employees were involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Harper’s magazine claims that it has long been known that both groups helped fund al-Qaeda. However, in October 2001, it is reported that the Bush administration has left the two organizations off an October 12, 2001 list of designated terrorist groups to spare the Saudi government from embarrassment (see October 12, 2001). In March 2002, the Virginia offices of the IIRO and MWL will be raided by US Customs agents (see March 20, 2002). [Harper's, 3/2004] In September 2003, it will be reported that US officials recently gave Saudi officials a detailed documenting the IIRO’s terrorism links and asked the Saudis to close all of the organization’s overseas offices. [New York Times, 9/26/2003] However, as of January 2006, it will be reported that it appears the overseas offices of the IIRO and MWL are still open and the US has not officially declared either group to be terrorist sponsors. The US will still be complaining to the Saudis about these two organizations and others, and the Saudis will still not do anything about them (see January 15, 2006).

Entity Tags: International Islamic Relief Organization, Bush administration (43), Saudi Arabia, Muslim World League

Timeline Tags: Complete 911 Timeline

NSA Director Michael Hayden responds to an October 11 letter from Representative Nancy Pelosi (see October 11, 2001), expressing concerns about the NSA’s post-9/11 surveillance expansion (see After September 11, 2001) that Hayden outlined for the House Intelligence Committee on October 1 (see October 1, 2001), and asking whether the president authorized it. The substance of Hayden’s October 18 reply will be redacted, except for this statement: “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” [Nancy Pelosi, 1/6/2006] A January 4, 2006 report in the Washington Post will cite “intelligence official close to Hayden” as saying that “[Hayden’s] appearance on Oct. 1, 2001, before the House committee had been to discuss Executive Order 12333, and not the new NSA program,” and that “Pelosi’s concerns had been answered in writing and again several weeks later during a private briefing.” [Washington Post, 1/4/2006] In a January 23, 2006 public briefing, Hayden will say, “September 2001, I asked to update the Congress on what NSA had been doing, and I briefed the entire House Intelligence Committee on the 1st of October on what we had done under our previously existing authorities,” and, “These decisions were easily within my authorities as the director of NSA under and [sic] executive order; known as Executive Order 12333.” [Michael Hayden, 1/23/2006]
Nature of Hayden's EO 12333 Surveillance Program - The full scope of Hayden’s surveillance program is unclear, but some sources indicate it includes the wholesale collection and data-mining of phone records provided by telecom companies and placement of pen registers (call trackers) on domestic phone numbers (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, October 2001), and October 31, 2001). Some sources indicate the NSA began large-scale domestic surveillance activities prior to the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi, National Security Agency

Timeline Tags: Civil Liberties

Serhane Abdelmajid Fakhet.Serhane Abdelmajid Fakhet. [Source: Spanish Interior Ministry]Serhane Abdelmajid Fakhet, later considered one of about three masterminds of the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), is already being monitored by Spanish intelligence. On this day, he is photographed with Barakat Yarkas, leader of al-Qaeda’s main cell in Spain. Yarkas will be arrested for an alleged role in the 9/11 attacks less than a month later (see November 13, 2001). [El Mundo (Madrid), 8/16/2005] Fakhet had been under surveillance since 2000. [Irujo, 2005, pp. 182-186] He will allegedly blow himself up not long after the bombings (see 9:05 p.m., April 3, 2004). There are allegations that he was an informant at least by 2003 (see Shortly After October 2003). Also seen in the pictures are Yusuf Galan, another member of Yarkas’s cell who will be arrested with Yarkas and later convicted (see September 26, 2005), and Mouhannad Almallah, who has been under surveillance since at least 1998. Almallah will later be sentenced to 12 years in prison for a role in the Madrid bombings (see October 31, 2007). [El Mundo (Madrid), 10/27/2004]

Entity Tags: Serhane Abdelmajid Fakhet, Centro Nacional de Inteligencia, Barakat Yarkas, Mouhannad Almallah, Yusuf Galan

Timeline Tags: Complete 911 Timeline

Khalfan Khamis Mohamed.Khalfan Khamis Mohamed. [Source: FBI]Four men are sentenced to life in prison for their roles in the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The four are:
bullet Wadih El-Hage.
bullet Khalfan Khamis Mohamed.
bullet Mohamed al-Owhali.
bullet Mohammed Saddiq Odeh. [CNN, 10/21/2001]
Another man in custody for the embassy bombings, Mamdouh Mahmud Salim, attempted to stab a prison guard and was removed from the trail and eventually given 32 years in prison for the stabbing instead. [CNN, 5/4/2004] Double agent Ali Mohamed is also in custody and pleads guilty for a role in the bombings, but he is never sentenced and his fate remains murky (see July 2001-December 2001). A New York jury considered the death penalty for some of them, but deadlocked on that and opted for life in prison without parole instead. Over a dozen people remain wanted for their alleged roles in the embassy bombings, including all of the suspected masterminds. [CNN, 10/21/2001]

Entity Tags: Mohammed Saddiq Odeh, Mohamed al-Owhali, Khalfan Khamis Mohamed, Ali Mohamed, Mamdouh Mahmud Salim, Wadih El-Hage

Timeline Tags: Complete 911 Timeline

John Yoo, a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, and OLC special counsel Robert Delahunty issue a joint memo to White House counsel Alberto Gonzales. The memo claims that President Bush has sweeping extraconstitutional powers to order military strikes inside the US if he says the strikes are against suspected terrorist targets. In the days following the 9/11 attacks, Gonzales asked if Bush could legally order the military to combat potential terrorist activity within the US. The memo is first revealed to exist seven years later (see April 2, 2008) after future OLC head Steven Bradbury acknowledges its existence to the American Civil Liberties Union; it will be released two months after the Bush administration leaves the White House (see March 2, 2009). [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]
Granting Extraordinary, Extraconstitutional Authority to Order Military Actions inside US - Yoo and Delahunty’s memo goes far past the stationing of troops to keep watch at airports and around sensitive locations. Instead, the memo says that Bush can order the military to conduct “raids on terrorist cells” inside the US, and even to seize property. “The law has recognized that force (including deadly force) may be legitimately used in self-defense,” they write. In 2009, Reuters will write, “The US military could have kicked in doors to raid a suspected terrorist cell in the United States without a warrant” under the findings of the OLC memo. “We do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant,” Yoo and Delahunty write. [US Department of Justice, 10/23/2001 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009] The memo reasons that since 9/11, US soil can be legally construed as being a battlefield, and Congress has no power to restrict the president’s authority to confront enemy tactics on a battlefield. [Savage, 2007, pp. 131]
No Constitutional or Other Legal Protections - “[H]owever well suited the warrant and probable cause requirements may be as applied to criminal investigations or to other law enforcement activities, they are unsuited to the demands of wartime and the military necessity to successfully prosecute a war against an enemy. [Rather,] the Fourth Amendment does not apply to domestic military operations designed to deter and prevent foreign terrorist attacks.” Any objections based on the Fourth Amendment’s ban on unreasonable search and seizures would be invalid since whatever possible infringement on privacy would be trumped by the need to protect the nation from injury by deadly force. The president is “free from the constraints of the Fourth Amendment.” The Posse Comitatus Act, which bars the military from operating inside the US for law enforcement purposes, is also moot, the memo says, because the troops would be acting in a national security function, not as law enforcement. [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009; Ars Technica, 3/2/2009] There are virtually no restrictions on the president’s ability to use the military because, Yoo and Delahunty write, the nation is in a “state of armed conflict.” The scale of violence, they argue, is unprecedented and “legal and constitutional rules” governing law enforcement, even Constitutional restrictions, no longer apply. The US military can be used for “targeting and destroying” hijacked airplanes, they write, or “attacking civilian targets, such as apartment buildings, offices, or ships where suspected terrorists were thought to be.” The memo says, “Military action might encompass making arrests, seizing documents or other property, searching persons or places or keeping them under surveillance, intercepting electronic or wireless communications, setting up roadblocks, interviewing witnesses, or searching for suspects.” [Newsweek, 3/2/2009] Yoo writes that the Justice Department’s criminal division “concurs in our conclusion” that federal criminal laws do not apply to the military during wartime. The criminal division is headed by Michael Chertoff, who will become head of the Department of Homeland Security. [Washington Post, 4/4/2008]
Sweeping Away Constitutional Rights - Civil litigator Glenn Greenwald will later note that the memo gives legal authorization for President Bush to deploy the US military within US borders, to turn it against foreign nationals and US citizens alike, and to render the Constitution’s limits on power irrelevant and non-functional. Greenwald will write, “It was nothing less than an explicit decree that, when it comes to presidential power, the Bill of Rights was suspended, even on US soil and as applied to US citizens.”
Justifying Military Surveillance - Greenwald will note that the memo also justifies the administration’s program of military surveillance against US citizens: “[I]t wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls ‘domestic military operations’ was, among other things, the basis on which Bush ordered the NSA, an arm of the US military, to turn inwards and begin spying—in secret and with no oversight—on the electronic communications (telephone calls and emails) of US citizens on US soil” (see December 15, 2005 and Spring 2004). “If this isn’t the unadorned face of warped authoritarian extremism,” Greenwald will ask, “what is?” [Salon, 3/3/2009] If the president decides to use the military’s spy agency to collect “battlefield intelligence” on US soil, no law enacted by Congress can regulate how he goes about collecting that information, including requiring him to get judicial warrants under the Foreign Intelligence Surveillance Act (FISA). In 2007, Yoo will say in an interview: “I think there’s a law greater than FISA, which is the Constitution, and part of the Constitution is the president’s commander in chief power. Congress can’t take away the president’s powers in running war.” [Savage, 2007, pp. 131; PBS Frontline, 5/15/2007] Cheney and Addington will push the NSA to monitor all calls and e-mails, including those beginning and ending on US soil, but the NSA will balk. Domestic eavesdropping without warrants “could be done and should be done,” Cheney and Addington argue, but the NSA’s lawyers are fearful of the legal repercussions that might follow once their illegal eavesdropping is exposed, with or without the Justice Department’s authorization. The NSA and the White House eventually reach a compromise where the agency will monitor communications going in and out of the US, but will continue to seek warrants for purely domestic communications (see Spring 2001, After September 11, 2001, and October 2001). [Savage, 2007, pp. 131]
Military Use Considered - In 2009, a former Bush administration lawyer will tell a reporter that the memo “gave rise to the Justice Department discussing with the Defense Department whether the military could be used to arrest people and detain people inside the United States. That was considered but rejected on at least one occasion.” The lawyer will not give any indication of when this will happen, or to whom. Under the proposal, the suspects would be held by the military as “enemy combatants.” The proposal will be opposed by the Justice Department’s criminal division and other government lawyers and will ultimately be rejected; instead, the suspects will be arrested under criminal statutes. [Los Angeles Times, 3/3/2009]

Entity Tags: Steven Bradbury, US Department of Homeland Security, US Department of Defense, Robert J. Delahunty, Office of Legal Counsel (DOJ), Bush administration (43), Michael Chertoff, Alberto R. Gonzales, National Security Agency, American Civil Liberties Union, Glenn Greenwald, George W. Bush, US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

The House of Representatives passes the final version of the Patriot Act and other previously unpopular Bush administration projects: Alaska oil drilling, $25 billion in tax cuts for corporations, taps into Social Security funds, and cuts in education. [CNN, 10/25/2001] Republican Congressman Ron Paul states: “It’s my understanding the bill wasn’t printed before the vote—at least I couldn’t get it. They played all kinds of games, kept the House in session all night, and it was a very complicated bill. Maybe a handful of staffers actually read it, but the bill definitely was not available to members before the vote.” It is later found that only two copies of the bill were made available in the hours before its passage, and most House members admit they voted for the act without actually reading it first. [Insight, 11/9/2001] Two days later, the Senate will pass the final version of the Patriot Act. Anthrax targets Senators Tom Daschle and Patrick Leahy (see October 15, 2001) now support the bill. President Bush signs it into law the same day (see October 26, 2001). [Fox News, 10/26/2001]

Entity Tags: Tom Daschle, Patrick J. Leahy, Ron Paul

Timeline Tags: Civil Liberties, 2001 Anthrax Attacks

Vice President Dick Cheney summons the chairmen and ranking members of the Senate and House Intelligence Committees to the White House for a classified briefing on the secret NSA warrantless wiretapping program (see Early 2002). Cheney makes it clear to the lawmakers that he is merely informing them about the program, and not seeking their approval. [Washington Post, 12/18/2005] Officials later say that under any of the previous presidents, such a meeting of this import would involve the president. But the four lawmakers are hustled away from the Oval Office. Instead, “[w]e met in the vice president’s office,” Bob Graham (D-FL), the chairman of the Senate Intelligence Committee, later recalls. President Bush has already told Graham that “the vice president should be your point of contact in the White House.” Cheney, according to the president, “has the portfolio for intelligence activities.” [Washington Post, 6/24/2007] The leaders are briefed by Cheney, CIA Director George Tenet, and NSA Director Michael Hayden. The Congressional leaders will later mostly refuse to comment publicly about what they do and do not learn about the program, even after it is revealed to the public (see December 15, 2005). In 2003, when Senator John D. Rockefeller ascends to the Democratic leadership of the Senate committee, and is himself briefed on the program, he will write to Cheney expressing his concerns over it (see July 17, 2003). [New York Times, 12/15/2005]
'No Discussion about Expanding' NSA Wiretapping - In December 2005, after the program is revealed to the public, one of the Congressmen present at the briefings, Graham, the then-chairman of the Senate Intelligence Committee, will discuss his knowledge of the program. In contradiction to the characterizations of Bush and other White House officials, Graham will say that he recalls “no discussion about expanding [NSA eavesdropping] to include conversations of US citizens or conversations that originated or ended in the United States,” and knew nothing of Bush’s intention to ignore the Foreign Intelligence Surveillance Court (also known as the FISA court). “I came out of the room with the full sense that we were dealing with a change in technology but not policy,” Graham will recall, using new methodologies to intercept overseas calls that passed through US switches. He thought that NSA eavesdropping would continue to be limited to “calls that initiated outside the United States, had a destination outside the United States but that transferred through a US-based communications system.” Instead, Graham will say, it now seems that Bush decided to go “beyond foreign communications to using this as a pretext for listening to US citizens’ communications. There was no discussion of anything like that in the meeting with Cheney.” A senior intelligence official, who refuses to reveal his identity but says he is speaking with the permission of the White House, will accuse Graham of “misremembering the briefings,” which he will call “very, very comprehensive.” The official will refuse to discuss the briefings in any but the most general terms, but will say they were intended “to make sure the Hill knows this program in its entirety, in order to never, ever be faced with the circumstance that someone says, ‘I was briefed on this but I had no idea that—’ and you can fill in the rest.” Graham will characterize the official’s description as saying: “[W]e held a briefing to say that nothing is different.… Why would we have a meeting in the vice president’s office to talk about a change and then tell the members of Congress there is no change?” House Minority Leader Nancy Pelosi (D-CA), who was also present at the meeting as the ranking Democrat on the House Intelligence Committee, will say the briefing described “President Bush’s decision to provide authority to the National Security Agency to conduct unspecified activities.” She will note that she “expressed my strong concerns” but did not go into detail. [Washington Post, 12/18/2005]
Lawmakers Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). In the briefing, Cheney informs the lawmakers of none of this.

Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Nancy Pelosi, John D. Rockefeller, House Intelligence Committee, Daniel Robert (“Bob”) Graham, George J. Tenet, George W. Bush, Michael Hayden, National Security Agency

Timeline Tags: Civil Liberties

October 26, 2001: USA Patriot Act Becomes Law

President Bush signs the Patriot Act into law.President Bush signs the Patriot Act into law. [Source: White House]President Bush signs the USA Patriot Act (see October 2, 2001) into law. The act’s provisions include:
bullet 1) Non-citizens can be detained and deported if they provide “assistance” for lawful activities of any group the government chooses to call a terrorist organization. Under this provision the secretary of state can designate any group that has ever engaged in violent activity as a terrorist organization. Representative Patsy Mink (D-HI) notes that in theory supporters of Greenpeace could now be convicted for supporting terrorism. [San Francisco Chronicle, 11/12/2001]
bullet 2) Immigrants can be detained indefinitely, even if they are found not to have any links to terrorism. They can be detained indefinitely for immigration violations or if the attorney general decides their activities pose a danger to national security. They need never be given a trial or even a hearing on their status. [San Francisco Chronicle, 9/8/2002]
bullet 3) Internet service providers can be ordered to reveal the websites and e-mail addresses that a suspect has communicated to or visited. The FBI need only inform a judge that the information is relevant to an investigation. [Village Voice, 11/26/2001; San Francisco Chronicle, 9/8/2002]
bullet 4) The act “lays the foundation for a domestic intelligence-gathering system of unprecedented scale and technological prowess.” [Washington Post, 11/4/2001] It allows the government to access confidential credit reports, school records, and other records, without consent or notification. [San Francisco Chronicle, 9/8/2002] All of this information can now be given to the CIA, in violation of the CIA’s mandate prohibiting it from spying within the US. [Village Voice, 11/26/2001]
bullet 5) Financial institutions are encouraged to disclose possible violations of law or “suspicious activities” by any client. The institution is prohibited from notifying the person involved that it made such a report. The term “suspicious” is not defined, so it is up to the financial institutions to determine when to send such a report.
bullet 6) Federal agents can easily obtain warrants to review a library patron’s reading and computer habits (see January 2002). [Village Voice, 2/22/2002] Section 215 allows the FBI to ask the Foreign Intelligence Surveillance Court (FISC) for an order to obtain documents relating to counterterrorism investigations without meeting the usual standard of legal “probable cause” that a crime may have been committed. Senator Russ Feingold (D-WI—see October 9, 2001) says that Section 215 can allow the FBI to “go on a fishing expedition and collect information on virtually anyone.” Librarians will make Section 215 the centerpiece of their objections to the Patriot Act, arguing that the government can now “sweep up vast amounts of information about people who are not suspected of a crime.” In 2005, one librarian will say, “It reminds me of the Red Scare of the 1950s.” However, some FBI officials find it easier to use provisions of Section 505, which expands the usage of so-called “national security letters” (see November 28, 2001). [Roberts, 2008, pp. 39-40]
bullet 7) The government can refuse to reveal how evidence is collected against a suspected terrorist defendant. [Tampa Tribune, 4/6/2003]
Passes with No Public Debate - The law passes without public debate. [Village Voice, 11/9/2001; Village Voice, 11/26/2001] Even though it ultimately took six weeks to pass the law, there were no hearings or congressional debates. [Salon, 3/24/2003] Congressman Barney Frank (D-MA) says: “This was the least democratic process for debating questions fundamental to democracy I have ever seen. A bill drafted by a handful of people in secret, subject to no committee process, comes before us immune from amendment” (see October 2-4, 2001 and October 24, 2001). [Village Voice, 11/9/2001] Only 66 congresspeople, and one senator, Feingold, vote against it. Few in Congress are able to read summaries, let alone the fine print, before voting on it. [Los Angeles Times, 10/30/2001] Feingold says, “The new law goes into a lot of areas that have nothing to do with terrorism and have a lot to do with the government and the FBI having a wish list of things they want to do.” [Village Voice, 11/9/2001] Supporters of the act point out that some of its provisions will expire in four years, but in fact most provisions will not expire. [Chicago Tribune, 11/1/2001]
Mounting Opposition - One year later, criticism of the law will grow. [San Francisco Chronicle, 9/8/2002] Dozens of cities will later pass resolutions criticizing the Patriot Act (see January 12, 2003).

Entity Tags: George W. Bush, USA Patriot Act, Foreign Intelligence Surveillance Court, US Congress, Patsy Mink, Russell D. Feingold, Barney Frank

Timeline Tags: Complete 911 Timeline, Civil Liberties

Melek Can Dickerson begins working for the FBI as a Turkish translator with top security clearance. She joins Sibel Edmonds and Kevin Taskasen (see September 20, 2001 and Early October 2001, respectively) as the FBI’s only Turkish translators. The FBI hired Dickerson without verifying that the information she provided on her application was correct. Had the bureau done this they would have learned that she spent two years working as an intern for the American-Turkish Council (ATC), a group that is being investigated by the FBI’s own counterintelligence unit and whose phone calls she will be listening in on as an FBI translator. [Anti-War (.com), 7/1/2004] On her application, Dickerson failed to disclose that she had worked for the organization. She also hid her tie to the group when she was interviewed as part of her background security check. [Vanity Fair, 9/2005] According to Sibel Edmonds, it’s not clear that Dickerson’s background check was ever completed. [Anti-War (.com), 7/1/2004]

Entity Tags: Federal Bureau of Investigation, Melek Can Dickerson

Timeline Tags: Complete 911 Timeline

Recently hired FBI translator Melek Can Dickerson (see (Late October 2001)) begins marking as “not pertinent” wiretapped conversations that concern certain high-value surveillance targets working at the American-Turkish Council (ATC). As it later emerges, Dickerson previously worked as an intern for the ATC and maintains ongoing relationships with at least two individuals under investigation. [Washington Post, 6/19/2002; New York Observer, 1/22/2004; Vanity Fair, 9/2005] She also manages to obtain, and prevent from being translated, assignments designated for co-worker Sibel Edmonds. These wiretaps, which she marks as being completed by Edmonds, concern the same targeted persons. [New York Observer, 1/22/2004]

Entity Tags: Sibel Edmonds, American-Turkish Council, Melek Can Dickerson

Timeline Tags: Complete 911 Timeline

John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 pdf file] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 pdf file] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]

Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice

Timeline Tags: Civil Liberties

John Yoo, a lawyer with the Justice Department’s Office of Legal Counsel (OLC), writes a legal opinion that claims the attorney general, under Executive Order 12333 (see December 4, 1981), can grant the deputy attorney general the legal authority to approve the use of surveillance techniques for which a warrant would be required for law enforcement purposes. [US Department of Justice, 11/5/2001; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

The Geneva Conventions are mentioned in a memo issued the day after the publication of the Heritage Foundation paper (see November 5, 2001), but only to suggest that suspected terrorists should not be entitled to the rights enclosed in them. Patrick F. Philbin, a deputy in the OLC, sends a confidential 35-page memo to the White House legal counsel Gonzales, arguing that the president, as Commander-in-Chief, has “inherent authority” to establish military commissions without authorization from the US Congress. The 9/11 attacks are themselves “plainly sufficient” to justify the application of the laws of war. Furthermore, putting terrorists on trial under the laws of war, “does not mean,” according to Philbin, “that terrorists will receive the protections of the Geneva Conventions or the rights that laws of war accord to lawful combatants.” The Philbin memo will serve as a basis for a Presidential order (see November 13, 2001) establishing the option of military commissions, which will be drafted by Deputy White House Counsel Timothy E. Flanigan and David S. Addington, the legal counsel to Vice President Cheney. [New York Times, 10/24/2004]

Entity Tags: Patrick F. Philbin, Alberto R. Gonzales

Timeline Tags: Torture of US Captives

William J. Haynes.William J. Haynes. [Source: US Defense Department]William J. Haynes, Defense Secretary Donald Rumsfeld’s general counsel, shows a draft of a presidential order establishing military commissions to Colonel Lawrence J. Morris, a judge advocate general (JAG) attorney with strong experience in military justice and the laws of war. Morris heads a Pentagon legal team that has so far been excluded from the discussion on how suspected terrorists should be prosecuted. Col. Morris is given just 30 minutes to read the draft but is not allowed to keep a copy or even take notes. The next day, the Army’s Judge Advocate General, Major General Thomas J. Romig, hastily convenes a meeting of Pentagon lawyers to prepare suggestions for improvement, with an eye on bringing the order closer to existing military legal standards. The final order, however, includes none of the lawyer’s recommendations. “They hadn’t changed a thing,” a military official will later recall. [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: Lawrence J. Morris, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Vice President Cheney leads a meeting at the White House to put the finishing touches on a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001). The meeting includes Attorney General John Ashcroft, Defense Department chief counsel William J. Haynes, and several White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Cheney has decided to tell neither National Security Adviser Condoleezza Rice nor Secretary of State Colin Powell about the order until it has already been signed. Cheney has also told no one in the interagency working group ostensibly formulating the administration’s approach to prosecuting terrorists (see Shortly Before September 23, 2001). Ashcroft angrily dissents from Cheney’s plan to give the White House sole authority over the commissions, and invokes his authority as the nation’s top law enforcement official to demand that the Justice Department be given a say in the decision. Cheney overrules Ashcroft’s objections. He will discuss the draft with President Bush over lunch a few days later (see November 11-13, 2001). [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: William J. Haynes, Colin Powell, George W. Bush, John Ashcroft, Condoleezza Rice, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]

Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper

Timeline Tags: Civil Liberties

President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004]
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [Savage, 2007, pp. 138]
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [New York Times, 10/24/2004]
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [New York Times, 10/24/2004]
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).

Entity Tags: George W. Bush, John Bellinger, Donald Rumsfeld, Colin Powell, Condoleezza Rice, David S. Addington, Alberto R. Gonzales, William J. Haynes, Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Civil Liberties

In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives

John Yoo and Robert Delahunty of the Justice Department’s Office of Legal Counsel (OLC) write a classified memo to John Bellinger, the senior legal counsel to the National Security Council. Yoo and Delahunty claim that President Bush has the unilateral authority to “suspend certain articles” of the Anti-Ballistic Missile Treaty between the US and Russia (see May 26, 1972). Six months later, President Bush will withdraw the US from the treaty (see December 13, 2001). [US Department of Justice, 11/15/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo will not be released until two months after the Bush administration leaves the White House (see March 2, 2009).

Entity Tags: National Security Council, John Bellinger, John C. Yoo, US Department of Justice, Robert J. Delahunty, Office of Legal Counsel (DOJ)

Timeline Tags: US International Relations

The UN Special Rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, sends an urgent appeal to Washington regarding President Bush’s November 13 military order (see November 13, 2001). [BBC Radio 4, 7/13/2003]

Entity Tags: Param Cumaraswamy, Colin Powell, George W. Bush

Timeline Tags: Torture of US Captives

Suspected al-Qaeda operative Mohammed Saad Iqbal Madni (see Early January-January 9, 2002) flies from Pakistan to Jakarta, where he used to live as a teenager. He allegedly worked on a shoe bomb plot with Richard Reid (see December 22, 2001). [Washington Post, 3/11/2002] He will soon be arrested by Indonesian authorities at the request of the CIA (see Early January-January 9, 2002).

Entity Tags: Mohammed Saad Iqbal Madni

Timeline Tags: Torture of US Captives

Scorching criticism of President Bush’s Executive Order (see November 13, 2001) comes from the Center for National Security Studies, which says it “violates separation of powers as the creation of military commissions has not been authorized by the Congress and is outside the president’s constitutional powers.” The order is also an “unconstitutional attempt to suspend the writ of habeas corpus.” [Center for National Security Studies, 11/19/2001] Law professor Kathleen Clark similarly states: “These military tribunals are troubling in many respects, particularly in their denial of basic due process protection for defendants. But even apart from this question of civil liberties, this presidential order is unconstitutional because the president lacks the authority under the constitution and statutory law to create this kind of court.” [Center for Democracy and Technology, 11/19/2001]

Entity Tags: Kathleen Clark, Center for National Security Studies

Timeline Tags: Torture of US Captives, Civil Liberties

Justice Department lawyer John Yoo, an official with the Office of Legal Counsel (OLC), issues a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but its existence will be revealed in a June 2007 deposition filed in the course of an American Civil Liberties Union (ACLU) lawsuit. The memo is known to cover the War Crimes Act, the Hague Convention, the Geneva Conventions, the federal criminal code, and detainee treatment. [American Civil Liberties Union [PDF], 1/28/2009 pdf file] It is co-authored by OLC special counsel Robert Delahunty. [ProPublica, 4/16/2009]

Entity Tags: Robert J. Delahunty, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo, US Department of Justice

Timeline Tags: Civil Liberties

The Spanish intelligence agency CESID (later renamed CNI) frustrates the arrest of a senior member of al-Qaeda in Europe, Amer el-Azizi, by Spanish police. Most members of the cell of which el-Azizi was a member were arrested shortly before, but el-Azizi had avoided the round-up by fleeing abroad (see October 2001). After returning to Spain, he again falls under police surveillance, but, according to Spanish police union head Jose Manuel Sanchez Fornet, his arrest is prevented by “interference” from CESID. Fornet will later say that a police recording made at this time shows two CESID agents going to el-Azizi’s house. This alerts el-Azizi that he is under surveillance and he flees his home. [El Mundo (Madrid), 4/29/2004] El-Azizi then remains in Spain for some weeks, selling his car to an associate. When his apartment is searched, police find more than a dozen bags with radical Islamic books and videos. They also find videos of bin Laden on his computer and pamphlets from groups like Hamas. [Wall Street Journal, 3/19/2004; Wall Street Journal, 4/7/2004; Los Angeles Times, 4/29/2004] El-Azizi was arrested and released twice before (see October 10, 2000). He helped plan a meeting for Mohamed Atta just before 9/11 (see Before July 8, 2001 and July 8-19, 2001), and will go on to be involved in the Madrid train bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004).

Entity Tags: Centro Nacional de Inteligencia, Amer el-Azizi, Jose Manuel Sanchez Fornet

Timeline Tags: Complete 911 Timeline

Salim Hamdan is captured in Afghanistan. [Guantanamo Military Commissions, 11/20/2007 pdf file] Hamdan is an Arab who has lived in Afghanistan for some time and has some knowledge about al-Qaeda and its operations there. He will later become well known after he is transferred to Guantanamo and engages in a series of legal battles to gain his freedom (see November 8, 2004 and June 30, 2006). [USA Today, 7/24/2008; Reuters, 7/24/2008] At some point, he is handed over to the FBI. However, agents for the bureau do not read him his Miranda rights. “Our policy at the time was not to read Miranda rights,” FBI special agent Robert Fuller will say in testimony at a US military commission hearing for Hamdan. Reuters will later write, “Similar warnings must be given to suspects in US military custody, and suspects overseas who may face US charges commonly receive warnings.” FBI special agent Stewart Kelley will say, “If they are a suspect, and they are detained, a Miranda is usually given.” [Reuters, 7/24/2008]

Entity Tags: Federal Bureau of Investigation, Salim Ahmed Hamdan, Stewart Kelley, Robert Fuller

Timeline Tags: Torture of US Captives

The newly adopted USA Patriot Act (see October 26, 2001) allows FBI field offices to issue, without court orders, so-called “national security letters,” or NSLs, that require recipients—telecommunications firms, employers, libraries, anyone—to provide detailed information on their clients, employees, and patrons. The FBI’s Office of General Counsel warns each field office of the potential for abuse inherent in such powerful and relatively unrestricted instruments, writing in part: “NSLs are powerful investigative tools in that they can compel the production of substantial amounts of relevant information. However, they must be used judiciously.… In deciding whether or not to re-authorize the broadened authority, Congress certainly will examine the manner in which the FBI exercised it. Executive Order 12333 and the FCIG [Attorney General Guidelines for FBI Foreign Intelligence Collection and Counterintelligence Investigations] require that the FB[I] accomplish its investigations through the ‘least intrusive’ means. Supervisors should keep this in mind when deciding whether or not a particular use of NSL authority is appropriate. The greater availability of NSLs does not mean that they should be used in every case.” This warning not to overuse NSLs is not always heeded (see February 2005 and Before Mid-March, 2007). [Wired News, 7/10/2007]

Entity Tags: Federal Bureau of Investigation, Office of General Counsel (FBI), USA Patriot Act

Timeline Tags: Civil Liberties

Yaser Esam Hamdi in Afghanistan shortly after being captured there.Yaser Esam Hamdi in Afghanistan shortly after being captured there. [Source: Virginian Pilot]Yaser Esam Hamdi, who holds dual Saudi and US citizenship, is captured in Afghanistan by the Northern Alliance and handed over to US forces. According to the US government, at the time of his arrest, Hamdi carries a Kalashnikov assault rifle and is traveling with a Taliban military unit. The following month he will be transferred to Guantanamo. In April 2002, it will be discovered he is a US citizen. He will be officially be declared an “enemy combatant” and transferred to a Navy brig in Norfolk, Virginia (see April 2002). [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi

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

Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place.Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place. [Source: Canal+]FBI translator Sibel Edmonds receives a call from co-worker Melek Can Dickerson, whom she barely knows. Dickerson says she and her husband Major Douglas Dickerson are in the area and would like to stop by for a visit. [Vanity Fair, 9/2005] Douglas is a US Air Force major who procures weapons from the US for various Central Asian and Middle Eastern governments. [Anti-War (.com), 8/15/2005] “I’m in the area with my husband and I’d love you to meet him. Is it OK if we come by?” Edmonds recalls Dickerson saying. When the couple arrives, Douglas Dickerson encourages Edmonds and her husband Matthew Edmonds to join the American-Turkish Council (ATC) and the Assembly of Turkish American Associations (ATAA). Joining the organizations would get them tied in with a network of high-level people, including officials at the Turkish Embassy. When Sibel’s husband Michael suggests that there are probably strict eligibility requirements for becoming a member of this organization, Douglas says to Sibel, “All you have to do is tell them who you work for and what you do and you will get in very quickly.” Sibel attempts to steer the conversation toward another topic. As part of her job at the FBI, some of the wiretapped conversations she translates involve the very same people the Dickersons are describing as “high-level friends.” She is concerned that the ultimate goal of the Dickersons’ offer is to get Sibel involved in espionage and to help shield those groups from FBI surveillance. [Washington Post, 6/19/2002; CBS News, 10/25/2002; New York Observer, 1/22/2004; Vanity Fair, 9/2005] Major Dickerson brings up the name of a wealthy Turkish man living in nearby McLean, Virginia, who is involved with the ATC and has access to US military information. Sibel Edmonds is surprised because she recognizes his name from an investigation she is working on and knows that he is the target of an FBI counterintelligence operation. The Dickersons intimate that they are so close to this man that they shop for him and his wife. [Sperry, 2005, pp. 163] “They wanted to sell me for the information I could provide,” she later explains in an interview. They promised her she would receive enough to “live a very comfortable life wherever we wanted. We would never have to work again.” [Anti-War (.com), 7/1/2004]

Entity Tags: Matthew Edmonds, Douglas Dickerson, Assembly of Turkish American Associations, Melek Can Dickerson, Sibel Edmonds, American-Turkish Council

Timeline Tags: Complete 911 Timeline

FBI contract linguist Sibel Edmonds informs supervisor Mike Feghali—first orally and later in writing—about her recent encounter with the Dickersons on December 2 (see December 2, 2001) and describes their self-acknowledged links to the American-Turkish Council (ATC), the Assembly of Turkish American Associations (ATAA), and certain high-level Turkish Embassy officials, all of which are targets of FBI wiretaps. Edmonds also alleges, either on this day or some time afterwards, that Dickerson has also leaked information to people under investigation and that she has even tried to stop Edmonds and another translator from listening to their wiretapped conversations. [Petition for a writ of certiorari. Sibel Edmonds v. Department of Justice, et all., 8/4/2005, pp. 2 pdf file; Government Executive, 8/8/2005; Vanity Fair, 9/2005] Feghali tells her not to worry and says he will immediately file a report with the security department. [Anti-War (.com), 7/1/2004; Vanity Fair, 9/2005] (The security department will later tell Edmonds it received no such report [Anti-War (.com), 7/1/2004; Boston Globe, 7/5/2004] .) He then changes the subject. “Now, Sibel, I understand you’ve been taking on a lot of coursework at your university. Why not take advantage of our workplace opportunities?” he asks. When Edmonds asks Feghali what he means, he explains that she could come to the office on Saturday and Sunday to do her school work on the clock, adding another $700 or so to her weekly earnings. On another occasion, one of her supervisors (possibly Feghali) offers to make her next trip to Turkey “TDY” (paid travel). All she would have to do is “stop off in some liaison office in Ankara a couple times, make my little appearance, and suddenly all my flights, hotels, and expenses would be paid for by the FBI,” she will recall in a 2004 interview. Edmonds will add, “I couldn’t believe what I was hearing.” [Anti-War (.com), 7/1/2004]

Entity Tags: Douglas Dickerson, Mike Feghali, Melek Can Dickerson, Sibel Edmonds

Timeline Tags: Complete 911 Timeline

Qatari citizen Ali Saleh Kahlah al-Marri, a computer science graduate student at Illinois’s Bradley University, is arrested as a material witness to the 9/11 attacks. [Peoria Journal Star, 12/19/2001; CNN, 12/13/2005] Al-Marri was interviewed twice by the FBI, once on October 2 and again on December 11. Both times, according to the FBI, he lied in response to their questions. Al-Marri claimed to have entered the US on September 10, 2001, his first visit to the country since 1991, when he earned his undergraduate degree at Bradley. [CBS News, 6/23/2003; CNN, 12/13/2005]
Connections to 9/11 Terrorists Alleged - The FBI says al-Marri has been in the US since 2000. Al-Marri denied calling the United Arab Emirates phone number of Mustafa Ahmed al-Hawsawi, an unindicted co-conspirator in the trial of suspected “20th hijacker” Zacarias Moussaoui. Prosecutors say al-Hawsawi provided financial backing to Moussaoui and the 9/11 hijackers, and allegedly helped some of the hijackers travel from Pakistan to the United Arab Emirates and then to the US in preparation for the attacks. [CBS News, 6/23/2003; Progressive, 3/2007] (Al-Hawsawi will be captured in Pakistan in March 2003, and detained in an undisclosed location somewhere outside the US. See Early-Late June, 2001) [CNN, 12/13/2005] The government also alleges that the phone number was a contact number for Ramzi Bin al-Shibh, another unindicted co-conspirator in the Moussaoui indictment. The government says that two calling cards were used to call the number, which was also listed as a contact number on a package it believes was sent by 9/11 hijacker Mohamed Atta to the UAE on September 8, 2001. The cards were allegedly used to place phone calls from al-Marri’s residence, from his cellphone, and from the Marriott hotel room he was staying in on September 11. However, none of the three calls to the UAE number were made from phones registered to Al-Marri, though, nor is there proof he placed them. Some of the calls made from the card to the UAE were placed to relatives of al-Marri. [Bradley Scout, 3/29/2002] In March 2002, Justice Department official Alice Fisher will say that an unnamed al-Qaeda detainee “in a position to know… positively identified al-Marri as an al-Qaeda sleeper operative who was tasked to help new al-Qaeda operatives get settled in the United States for follow-on attacks after 9/11.” That unidentified tipster brought al-Marri to the attention of federal law enforcement shortly after the attacks. FBI officials have said that al-Marri is not considered to have played any part in the attacks, but is still considered a danger to the US. [Knight Ridder, 6/23/2003] In 2003, the FBI adds that it found “an almanac with bookmarks in pages that provided information about major US dams, reservoirs, waterways and railroads.” [Knight Ridder, 6/24/2003] He is believed to be a relative of Saudi national and future Guantanamo detainee Mohamed al-Khatani, who is said to be an intended 9/11 hijacker (see July 2002). [New York Times, 6/21/2004]
Bank and Credit Card Fraud - According to the FBI, al-Marri obtained a bank account under a false name, rented a motel room under a false name to create a mailing address, and formed a fake company, AAA Carpet, using the motel’s address. The FBI also says al-Marri used a fake Social Security number to open three other bank accounts. Al-Marri was carrying well over 15 fake credit card numbers on him when he was interviewed yesterday, says the US Attorney’s office in Illinois. [CBS News, 6/23/2003; Progressive, 3/2007] There are also allegedly over 1,000 more in his personal computer files. He has missed so many classes, the FBI says, that he is on the verge of flunking out. The FBI says al-Marri’s computer also contains Arabic lectures by Osama bin Laden, photographs of the 9/11 attacks, and a cartoon of planes crashing into the World Trade Center. The computer has a folder labeled “jihad arena,” and another labeled “chem,” which, government officials say, contains industrial chemical distributor websites used by al-Marri to obtain information about hydrogen cyanide, a poisonous gas used in chemical weapons. [CNN, 12/13/2005] Al-Marri consents to the search and the seizure of his computer and other possessions. [Bradley Scout, 3/29/2002] Al-Marri will be charged with financial crimes in 2002 (see February 8, 2002), charges that later will be dropped (see June 23, 2003). [CBS News, 6/23/2003]

Entity Tags: US Department of Justice, Mustafa Ahmed al-Hawsawi, Zacarias Moussaoui, Mohamed al-Khatani, Alice Fisher, Federal Bureau of Investigation, Mohamed Atta, Al-Qaeda, Bradley University, Osama bin Laden, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives, Complete 911 Timeline

US nuclear missiles such as this one will no longer be restricted under the ABM treaty.US nuclear missiles such as this one will no longer be restricted under the ABM treaty. [Source: Associated Press / CNN]President Bush announces that the US is unilaterally withdrawing from the 1972 Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972). The treaty, negotiated with the former Soviet Union in 1972, sets strict limitations on missile and missile defense developments by both Russia and the US. After the six-month withdrawal period is concluded in mid-2002, the US will begin developing an anti-missile defense system, an outgrowth and extension of the old “Star Wars” system (see March 23, 1983). Bush tells reporters: “Today I am giving formal notice to Russia that the United States of America is withdrawing from this almost 30-year-old treaty.… I have concluded the ABM treaty hinders our government’s ability to develop ways to protect our people from future terrorist or rogue state missile attacks.” Bush explains: “The 1972 ABM treaty was signed by the United States and the Soviet Union at a much different time, in a vastly different world. One of the signatories, the Soviet Union, no longer exists and neither does the hostility that once led both our countries to keep thousands of nuclear weapons on hair-trigger alert, pointed at each other.… Today, as the events of September 11 made all too clear, the greatest threats to both our countries come not from each other, or from other big powers in the world, but from terrorists who strike without warning or rogue states who seek weapons of mass destruction.” Defense Secretary Donald Rumsfeld calls the treaty “outdated.” [White House, 12/13/2001; CNN, 12/14/2001]
Follows Failure to Persuade Russia to Drop Treaty - The decision follows months of talks in which Bush officials attempted without success to persuade Russia to set the treaty aside and negotiate a new one more favorable to US interests. Bush says that he and Russian President Vladimir Putin “have also agreed that my decision to withdraw from the treaty will not in any way undermine our new relationship or Russian security.” Putin calls Bush’s decision a “mistake,” and says the two nations should move quickly to create a “new framework of our strategic relationship.” Putin says on Russian television that the US decision “presents no threat to the security of the Russian Federation.” He also says that the US and Russia should decrease their present stockpiles of nuclear weapons. He wants what he calls “radical, non-reversible and verifiable reductions in offensive weapons”; in turn, the Bush administration is against any sort of legally binding agreements. Putin says, “Today, when the world has been faced with new threats, one cannot allow a legal vacuum in the sphere of strategic stability.” [CNN, 12/14/2001; CNN, 12/14/2001]
'Abdication of Responsibility' - Senate Democrats (see December 13-14, 2001) and non-proliferation experts (see December 13, 2001) strongly question the decision to withdraw. Singapore’s New Straits Times writes: “History will one day judge the US decision to withdraw from the Anti-Ballistic Missile Treaty in the same way it views the US failure in 1919 to join the League of Nations—as an abdication of responsibility, a betrayal of humankind’s best hopes, an act of folly. By announcing the decision now, in the midst of a war on terrorism that commands worldwide support, the Bush administration has also displayed a cynicism that will adversely affect the mood of cooperation that has characterized international relations since September 11.” [Carter, 2004, pp. 272-273] Sweden’s foreign ministry warns of possibly “serious consequences for the future of international disarmament.” [BBC, 12/13/2001]
Seizure of Presidential Power - Regardless of the wisdom of withdrawing from the treaty, Bush’s decision has another effect that is subjected to far less public scrutiny: by unilaterally withdrawing the US from the treaty on his own authority, Bush, in the words of author Charlie Savage, “seized for the presidency the power to pull the United States out of any treaty without obtaining the consent of Congress.” Savage, writing in 2007, will note that the Constitution does not provide a clear method of withdrawing the US from an international treaty. However, he will write, judging from the fact that the US Senate must vote to ratify a treaty before it becomes binding, it can be inferred that the Founders intended for the legislature, not the executive branch, to have the power to pull out of a treaty. In Volume 70 of the Federalist Papers, Alexander Hamilton wrote that treaties are far too important to entrust to the decision of one person who will be in office for as few as four years. Hamilton wrote, “The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a president of the United States.” [Savage, 2007, pp. 140]

Entity Tags: Vladimir Putin, Charlie Savage, George W. Bush, Singapore Straits Times, Bush administration (43)

Timeline Tags: US International Relations

Saajid Badat.Saajid Badat. [Source: BBC]Saajid Badat, a radical Muslim recruited to perform a shoe bombing on a transatlantic flight (see November 20, 2001), backs out of the plot. Although he already has a ticket to travel from Manchester to Amsterdam and then to the US for December 21, he sends his handler in Pakistan a short coded message saying he cannot go through with the attack. He hides the detonator and the explosive at his home, but, after his partner Richard Reid is arrested (see December 22, 2001), police will uncover Belgian telephone cards he had used to keep in touch with a local contact they had shared in Brussels, Nizar Trabelsi. The police will arrest Badat in November 2003 and in April 2005 he will be sentenced to 13 years in jail. The length of the sentence will reflect the co-operation he provides to police. [BBC News, 4/22/2005; O'Neill and McGrory, 2006, pp. 231-232]

Entity Tags: Saajid Badat, Nizar Trabelsi

Timeline Tags: Complete 911 Timeline

Ibn al-Shaykh al-Libi, captured by Pakistani forces six weeks earlier (see November 11, 2001), is handed over to US authorities at the Bagram air base in Afghanistan. Two FBI agents from New York are tasked with interrogating him. One of the agents, Russell Fincher, spends more than 80 hours with al-Libi discussing religion and prayer in an effort to establish a close bond. It works, and al-Libi opens up to Fincher, giving him information about Zacarias Moussaoui and the so-called shoe bomber, Richard Reid (see December 22, 2001). [Isikoff and Corn, 2006, pp. 120] But despite this progress, he will soon be transferred to Egypt and tortured there into making some false confessions (see January 2002 and After).

Entity Tags: Zacarias Moussaoui, Richard C. Reid, Ibn al-Shaykh al-Libi, Russell Fincher

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

CIA officer Richard Blee, who is now chief of the CIA’s station in Kabul, Afghanistan, objects to the FBI interviewing high-ranking al-Qaeda detainee Ibn al-Shaykh al-Libi. The FBI obtained access to al-Libi after he was handed over to the US, and is obtaining some information from him about Zacarias Moussaoui and Richard Reid, who will be prosecuted in the US (see December 19, 2001). However, according to FBI agent Jack Cloonan, “for some reason, the CIA chief of station in Kabul is taking issue with our approach.” [American Prospect, 6/19/2005] CIA Director George Tenet learns of Blee’s complaints and insists that al-Libi be turned over to the CIA (see January-April 2002), which promptly puts him on a plane to Egypt (see January 2002 and After), where he is tortured and makes false statements (see February 2002). Blee was in charge of the CIA’s bin Laden unit on 9/11 and has only recently become chief of its Kabul station. [Berntsen and Pezzullo, 2005, pp. 59-60, 297] The FBI, which has long experience interviewing suspects, will continue in its attempts to use rapport-building techniques (see Late March through Early June, 2002), whereas the CIA will employ harsher techniques, despite not having much experience with interviews (see Mid-April 2002).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Richard Blee, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Richard Reid.Richard Reid. [Source: Associated Press]Shoe bomber Richard Reid attempts to board a flight from Paris to Miami, but is delayed by security checks and misses the flight. There are several reasons for the extensive checks:
bullet He bought his $1,800 ticket with cash three days previously. [O'Neill and McGrory, 2006, pp. 232-233]
bullet He is bearded and “of Arabic appearance.”
bullet According to other passengers, he looks “blank” and acts suspiciously. [Daily Mail, 12/24/2001]
bullet He smells bad. [Mirror, 10/4/2002; O'Neill and McGrory, 2006, pp. 232-233]
bullet He has no large pieces of luggage for a supposed holiday trip. [O'Neill and McGrory, 2006, pp. 232-233]
bullet The small amount of luggage he does have contains two magazines, a radio, a cassette player and five Arabic cassettes, including two of verses from the Koran. [Mirror, 10/4/2002]
Ten days before, the US Federal Aviation Administration (FAA) had issued a warning that radicals might try to smuggle weapons or explosives onto a plane in their shoes, but Reid’s boots, which contain explosives, are never searched. There are holes drilled in the boots and even a casual examination of them would make staff suspicious. After missing the plane because of the checks, Reid re-books for the next day. He then e-mails his al-Qaeda contacts, who tell him to proceed as soon as possible. [O'Neill and McGrory, 2006, pp. 232-233] According to an FAA source, this incident should lead to a warning in the FAA computer system saying that Reid should be detained if he again attempts to board the flight. The warning would ensure that Reid is questioned the next day and prevented from boarding. However, no such warning is issued. [Daily Mail, 12/24/2001] Reid returns the next day and is allowed onto the plane, but fails to blow it up (see December 22, 2001).

Entity Tags: Richard C. Reid

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Khalid Shaikh Mohammed, Daniel McGrory, Sean O’Neill, Richard C. Reid

Timeline Tags: Complete 911 Timeline

Deputy Assistant Attorney Generals Patrick Philbin and John Yoo send a memorandum to Pentagon General Counsel William J. Haynes offering the legal opinion that US courts do not have jurisdiction to review the detention of foreign prisoners at Guantanamo Bay. Therefore detentions of persons there cannot be challenged in a US court of law. The memo is endorsed by the Department of Defense and White House legal counsel Alberto Gonzales. [Newsweek, 5/24/2004] The memo addresses “the question whether a federal district court would properly have jurisdiction to entertain a petition for a writ of habeas corpus filed on behalf of an alien detained at the US naval base at Guantanamo Bay, Cuba.” The conclusion of Philbin and Yoo is that it cannot, based primarily on their interpretation of a decision by the US Supreme Court in the 1950 Eisentrager case, in which the Supreme Court determined that no habeas petition should be honored if the prisoners concerned are seized, tried, and held in territory that is outside of the sovereignty of the US and outside the territorial jurisdiction of any court of the US. Both conditions apply to Guantanamo according to Philbin and Yoo. Approvingly, they quote the US Attorney General in 1929, who stated that Guantanamo is “a mere governmental outpost beyond our borders.” A number of cases, quoted by the authors, “demonstrate that the United States has consistently taken the position that [Guantanamo Bay] remains foreign territory, not subject to US sovereignty.” Guantanamo is indeed land leased from the state of Cuba, and therefore in terms of legal possession and formal sovereignty still part of Cuba. But Philbin and Yoo acknowledge a problem with the other condition: namely that the territory is outside the US’s jurisdiction. They claim with certainty that Guantanamo “is also outside the ‘territorial jurisdiction of any court of the United States.’” However, the Supreme Court should not have made a distinction between jurisdiction and sovereignty here; the wording of the decision is really, Philbin and Yoo believe, an inaccurate reflection of its intent: “an arguable imprecision in the Supreme Court’s language.” For that reason, they call for caution. “A non-frivolous argument might be constructed, however, that [Guantanamo Bay], while not be part of sovereign territory of the United States, is within the territorial jurisdiction of a federal court.” [US Department of Justice, 12/28/2001 pdf file]

Entity Tags: John C. Yoo, Alberto R. Gonzales, Patrick F. Philbin, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Sometime in early 2002, President Bush signs a secret executive order authorizing the National Security Agency (NSA) to wiretap phone conversations and read e-mails to and from US citizens. The order extends an operation set into motion at least as early as October 2001 to begin wiretapping US citizens’ phones in a response to the 9/11 attacks. When the program is revealed by the US media in late 2005 (see December 15, 2005), Bush and his officials will say the program is completely legal, though it ignores the requirements of the Foreign Intelligence Surveillance Act (FISA) that requires the government to obtain court-issued warrants to mount surveillance against US citizens. They will insist that only those suspected of having ties to al-Qaeda are monitored, and only when those individuals make or receive international communications. [New York Times, 12/15/2005; Washington Post, 12/22/2005; Newsweek, 12/22/2008] Bush’s order authorizes the NSA to monitor international telephone conversations and international e-mails of hundreds, and perhaps thousands, of US citizens without court warrants, in an effort to track what officials call “dirty numbers” linked to al-Qaeda. When the program is finally revealed by the New York Times over three years later (see December 15, 2005), officials will say that the NSA still seeks warrants to monitor domestic communications. But there is little evidence of this (see, for example, Spring 2001). The presidential order is a radical shift in US surveillance and intelligence-gathering policies, and a major realignment for the NSA, which is mandated to only conduct surveillance abroad. Some officials believe that the NSA’s domestic eavesdropping crosses constitutional limits on legal searches. “This is really a sea change,” a former senior official who specializes in national security law will say in December 2005. “It’s almost a mainstay of this country that the NSA only does foreign searches.” [New York Times, 12/15/2005] Some sources indicate that NSA domestic surveillance activities, such as data-mining, the use of information concerning US persons intercepted in foreign call monitoring, and possibly direct surveillance of US persons, took place prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: George W. Bush, Al-Qaeda, Foreign Intelligence Surveillance Court, National Security Agency

Timeline Tags: Civil Liberties

Ali Gilani.Ali Gilani. [Source: CNN]The Boston Globe reports that shoe bomber Richard Reid may have had ties with an obscure Pakistani group called Al-Fuqra. Reid apparently visited the Lahore, Pakistan, home of Ali Gilani, the leader of Al-Fuqra. [Boston Globe, 1/6/2002] Reporter Daniel Pearl reads the article and decides to investigate. [Vanity Fair, 8/2002] Pearl believes he is on his way to interview Gilani when he is kidnapped. [Pittsburgh Tribune-Review, 3/3/2002] A 1995 State Department report said Al-Fuqra’s main goal is “purifying Islam through violence.” [Vanity Fair, 8/2002] Intelligence experts now say Al-Fuqra is a splinter group of Jaish-e-Mohammed, with ties to al-Qaeda. [United Press International, 1/29/2002] Al-Fuqra claims close ties with the Muslims of the Americas, a US tax-exempt group claiming about 3,000 members living in rural compounds in 19 states, the Caribbean, and Europe. Members of Al-Fuqra are suspected of at least 13 fire bombings and 17 murders, as well as theft and credit-card fraud. Gilani, who had links to people involved in the 1993 WTC bombing, fled the US after the bombing. He admitted he works with the ISI, and now lives freely in Pakistan. [Boston Globe, 1/6/2002; News (Islamabad), 2/15/2002; Pittsburgh Tribune-Review, 3/3/2002; Vanity Fair, 8/2002] Saeed Sheikh “has long had close contacts” with the group, and praises Gilani for his “unexplained services to Pakistan and Islam.” [News (Islamabad), 2/18/2002; Pittsburgh Tribune-Review, 3/3/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Al-Fuqra, Jaish-e-Mohammed, Daniel Pearl, Ali Gilani, Saeed Sheikh, Richard C. Reid, Al-Qaeda

Timeline Tags: Complete 911 Timeline

John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 pdf file; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).

Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes

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

William Howard Taft IV.William Howard Taft IV. [Source: PBS]William Howard Taft IV, the State Department’s chief legal adviser, responds to John Yoo’s January 9,2002, memo (see January 9, 2002) saying that Yoo’s analysis is “seriously flawed.” Taft writes: “In previous conflicts, the United States has dealt with tens of thousands of detainees without repudiating its obligations under the [Geneva] Conventions. I have no doubt we can do so here, where a relative handful of persons is involved.” [Newsweek, 5/24/2004] Applying the Geneva Conventions, according to Taft, would demonstrate that the United States “bases its conduct on its international legal obligations and the rule of law, not just on its policy preferences.” Taft ends with a scorching criticism. “Your position is, at this point, erroneous in its substance and untenable in practice. Your conclusions are as wrong as they are incomplete. Let’s talk.” [Le Monde (Paris), 10/25/2004]

Entity Tags: William Howard Taft IV, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

FBI contract linguist Sibel Edmonds re-translates 17 of the “hundreds” of wiretapped conversations that had been originally translated or reviewed by co-worker Melek Can Dickerson. [Anti-War (.com), 8/15/2005] She discovers that Dickerson marked as “not pertinent” every single file that included a reference to surveillance targets connected to the Turkish organizations with whom she had ties (see (November 2001)). One of those targets is a Turkish intelligence officer, who is a personal friend of Dickerson. Edmonds learns from the wiretaps that the officer had spies inside the US State Department and Pentagon seeking access to US military and intelligence secrets. [CBS, 10/27/2002] The wiretaps also reveal that the group is involved in arms and drug smuggling and is tied into a complex network of governmental and private figures in several countries. [United Press International, 11/15/2005] Additionally, Edmonds identifies hundreds of other instances where Dickerson’s work obstructed investigations. For example, she learns from one conversation that a US State Department staffer agreed to accept $7,000 in cash from certain individuals in the American-Turkish Council (ATC) in exchange for information. One wiretapped call discussed a payment to a Pentagon official, who seemed to be involved in weapons-procurement negotiations, while another suggested that Turkish doctoral students had been placed at US research institutions in order to obtain information about black market nuclear weapons. Edmonds also hears discussions about the laundering of drug smuggling profits, the selling of classified military technologies, and a scheme to secretly give Republican Congressman Dennis Hastert tens of thousands of dollars in exchange for political favors and information. She becomes convinced that the American-Turkish Council (ATC) is being used as a front for criminal activity. [Anti-War (.com), 7/1/2004; Anti-War (.com), 8/15/2005; Vanity Fair, 9/2005]

Entity Tags: Dennis Hastert, Melek Can Dickerson, American-Turkish Council, Sibel Edmonds, US Department of State

Timeline Tags: Complete 911 Timeline

Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. [Ledger (Lakeland FL), 10/24/2004]
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). [Washington Post, 6/24/2007]
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).

Entity Tags: US Department of Defense, US Department of Justice, Richard B. Myers, US Department of State, Taliban, Office of Legal Counsel (DOJ), John C. Yoo, Alberto R. Gonzales, Richard (“Dick”) Cheney, Colin Powell, Al-Qaeda, Condoleezza Rice, Donald Rumsfeld, John Bellinger, George W. Bush, Geneva Conventions, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), and OLC lawyer John Yoo send a memo to White House counsel Alberto Gonzales and Defense Department chief counsel William Haynes. Known as the “Treaties and Laws Memorandum,” the document addresses the treatment of detainees captured in Afghanistan, and their eventual incarceration at Guantanamo and possible trial by military commissions. The memo asserts that the Geneva Conventions do not apply to al-Qaeda detainees, and the president has the authority to deny Taliban members POW status. The document goes on to assert that the president is not bound by international laws such as the Geneva Conventions because they are neither treaties nor federal laws. [US Department of Justice, 1/22/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), John C. Yoo, Jay S. Bybee, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties, War in Afghanistan

Justice Department lawyer John Yoo sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo regards the application of international law to the United States (see January 22, 2002). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo

Timeline Tags: Civil Liberties

Page 4 of 10 (935 events)
previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 | next

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike