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

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Wilson Brown, who has filed a petition with the Supreme Court asking that it reconsider its landmark 1953 US v Reynolds case (see March 9, 1953), receives an e-mail from Alison Massagli of the White House’s Foreign Intelligence Advisory Board. Massagli, who learned of the petition from an article in the Philadelphia Inquirer, wants a copy of Brown’s petition. Brown notices that Massagli sent a copy of the e-mail to Catherine Lotrionete of the National Security Council. Brown is pleased that the case has garnered some attention. He e-mails the plaintiffs he is representing, saying, “I thought you would find it interesting that at least one arm of the Executive Branch is interested in our case.” [Siegel, 2008, pp. 257]

Entity Tags: National Security Council, Alison Massagli, Issuetsdeah, US Supreme Court, Wilson Brown, Catherine Lotrionete

Timeline Tags: Civil Liberties

The FBI issues a reward of $5 million for information on Adnan Shukrijumah, starting a world-wide manhunt that will last for years. Shukrijumah lived in the same area as most of the 9/11 hijackers and was reportedly seen with Mohamed Atta in the spring of 2001 (see May 2, 2001), when he was being investigated by the FBI over two terrorist plots (see April-May 2001 and (Spring 2001)). Information gleaned from detainees suggests that Shukrijumah is a top al-Qaeda operative who was trained in Afghanistan and is associated with 9/11 architect Khalid Shaikh Mohammed and Jose Padilla (see June 10, 2002). In May 2004 Attorney General John Ashcroft will even single out Shukrijumah as the most dangerous al-Qaeda operative planning to attack the US. However, despite reported sightings in Central America, he is still on the run in 2006 and believed to be hiding in the tribal areas of Pakistan. [US News and World Report, 4/7/2003; USA Today, 6/15/2003; FrontPage Magazine, 10/27/2003; 9/11 Commission, 8/21/2004, pp. 40-41 pdf file; Los Angeles Times, 9/3/2006]
Flight Training - US authorities claim he is a pilot and has been receiving flight training outside the US for several years, though they do not release any evidence to substantiate this. His family insists that he is neither a qualified pilot nor an al-Qaeda operative. [USA Today, 6/15/2003; CNN, 9/5/2003] A senior Bush administration official says the government has evidence Shukrijumah had attended the Airman Flight School in Norman, Oklahoma, but does not say when. Other Islamist militants, including Zacarias Moussaoui, attended that school before 9/11 (see February 23-June 2001, May 18, 1999 and May 15, 1998). The director of the school claims there is no evidence of a student with any of Shukrijumah’s publicly revealed aliases. [New York Times, 3/21/2003]

Entity Tags: John Ashcroft, Adnan Shukrijumah, Federal Bureau of Investigation, Mohamed Atta

Timeline Tags: Complete 911 Timeline

Time magazine reports that the 9/11 Commission has requested an additional $11 million to add to the $3 million for the commission, and the Bush administration has turned down the request. The request will not be added to a supplemental spending bill. A Republican member of the commission says the decision will make it “look like they have something to hide.” Another commissioner notes that the recent commission on the Columbia shuttle crash will have a $50 million budget. Stephen Push, a leader of the 9/11 victims’ families, says the decision “suggests to me that they see this as a convenient way for allowing the commission to fail. they’ve never wanted the commission and I feel the White House has always been looking for a way to kill it without having their finger on the murder weapon.” The administration has suggested it may grant the money later, but any delay will further slow down the commission’s work. Already, commission members are complaining that scant progress has been made in the four months since the commission started, and they are operating under a deadline. [Time, 3/26/2003] Three days later, it is reported that the Bush administration has agreed to extra funding, but only $9 million, not $11 million. The commission agrees to the reduced amount. [Washington Post, 3/29/2003] The New York Times criticizes such penny-pinching, saying, “Reasonable people might wonder if the White House, having failed in its initial attempt to have Henry Kissinger steer the investigation, may be resorting to budgetary starvation as a tactic to hobble any politically fearless inquiry.” [New York Times, 3/31/2003]

Entity Tags: 9/11 Commission, Stephen Push, Bush administration (43)

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In April 2003, Spanish police alert judge Baltasar Garzon to the existence of an Islamist militant cell in Madrid. Garzon has generally led al-Qaeda related investigations in Spain. An intelligence report to Garzon details a cell led by Mustapha Maymouni. Its assistant leaders are said to be Driss Chebli, Serhane Abdelmajid Fakhet, and the brothers Hassan and Mohammed Larbi ben Sellam. The cell is linked to the radical Takfir Wal Hijra movement and the Moroccan Islamic Combatant Group (MICG). The MICG is said to be led by Amer el-Azizi, who escaped arrest in Spain (see Shortly After November 21, 2001), and an international arrest warrant has been issued for him. The cell has links to el-Azizi as well. In fact, the wife of one of the cell members recently told the authorities that Fakhet and others are staying in contact with el-Azizi by e-mail (see January 4, 2003), a lead that apparently is not pursued. In May 2003, suicide bombings in Casablanca, Morocco, kill 45, and the MICG is quickly identified as the group behind the attacks. Maymouni had gone to Morocco just before the bombings and is arrested there later in May (see Late May-June 19, 2003). On June 25, 2003, Chebli is arrested in Spain for his links to the Casablanca bombings. He will later be accused of a minor role in the 9/11 plot and sentenced to six years in prison (see September 26, 2005). However, the others are not arrested at this time. The police who are monitoring Fakhet will later say they do not understand why Fakhet at least was not arrested after the Casablanca bombings due to his link to Maymouni, who is his brother-in-law. Authorities will claim he was not arrested because there was no evidence he was involved in any plot. [El Mundo (Madrid), 3/3/2007] However, this cell is being monitored by a variety of means, including the use of an informant named Abdelkader Farssaoui, a.k.a. Cartagena (see October 2002-June 2003). Even before the Casablanca bombings, Farssaoui tells his handlers that this cell is discussing launching attacks in Morocco and Spain. [El Mundo (Madrid), 10/18/2004] Furthermore, a 2002 report said that Fakhet was preparing for “violent action” (see 2002). Farssaoui will later claim that he came across evidence that Fakhet was also an informant (see Shortly After October 2003). Fakhet will take over leadership of the group after Maymouni’s arrest and will lead most of them in carrying out the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004).

Entity Tags: Takfir Wal Hijra, Moroccan Islamic Combatant Group, Serhane Abdelmajid Fakhet, Mustapha Maymouni, Mohammed Larbi ben Sellam, Driss Chebli, Abdelkader Farssaoui, Amer el-Azizi, Baltasar Garzon, Hassan ben Sellam

Timeline Tags: Complete 911 Timeline

On May 7, 2003, Leonie Brinkema, the judge in the Zacarias Moussaoui trial, asks the CIA if it has recordings of interrogations of detainees related to Moussaoui’s case. Two days later, the CIA replies that it does not, although it is actually in possession of some recordings. In 2002, the CIA secretly videotaped interrogations of high-ranking detainees Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002) but it does not reveal this to anyone involved in the Moussaoui trial. In 2005, some of these videotapes will be destroyed (see November 2005), around the time the Brinkema makes a repeat request for the tapes (see November 3-14, 2005). However, other recordings—two videotapes and one audio tape—will survive and will finally be viewed by Moussaoui’s prosecutors in 2007, long after Moussaoui has been convicted (see September 19 and October 18, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007] Although the identity of the detainees in the recordings requested is not known, one of the prosecutors will later say, “Obviously the important witnesses included [Abu] Zubaidah, [Ramzi] bin al-Shibh, and KSM [Khalid Shaikh Mohammed]… those are the guys at the head of the witness list.” However, he will not specifically recall which tapes are requested. [Associated Press, 12/7/2007]

Entity Tags: Central Intelligence Agency, Leonie Brinkema, Zacarias Moussaoui

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

In January 2003, Judge Leonie Brinkema ruled that Zacarias Moussaoui must be allowed to conduct a videotaped deposition of bin al-Shibh. However, the government still refuses to allow Moussaoui access to bin al-Shibh, stating that even its own lawyers do not have access to question al-Qaeda captives. But on May 12, the government revealed that lawyers have been submitting questions to al-Qaeda detainees about Moussaoui’s role in the 9/11 plot. Two days later, Judge Brinkema demands to know, “If circumstances have changed such that submission of written questions is now possible, when did the circumstances change and why was neither this court nor the district court so informed at the time?” She also suggests that since the prosecution can submit questions to al-Qaeda operatives in custody, Moussaoui should also be allowed to do the same. [New York Times, 5/15/2004]

Entity Tags: Ramzi bin al-Shibh, Leonie Brinkema, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Casa de Spain was one of the bombed buildings in Casablanca.The Casa de Spain was one of the bombed buildings in Casablanca. [Source: Associated Press]Twelve suicide bombers attack five targets in Casablanca, Morocco, including a Jewish cultural center. Forty-five people are killed, including most of the bombers. Moroccan authorities link the bombers to the Moroccan Islamic Combatant Group (MICG), which is allegedly linked to al-Qaeda. After the attacks, Moroccan officials sentence two surviving bombers to death and round up thousands of people suspected of having ties to terrorism. [PBS Frontline, 1/25/2005] The suspected mastermind, Saad al-Houssaini, has extensive al-Qaeda ties and lived in Afghanistan for four years before 9/11. He will be captured in 2007. [Washington Post, 7/7/2007] The leader of the MICG is said to be Amer el-Azizi, who has links to the 9/11 attacks and the 2004 Madrid train bombings (see Before July 8, 2001 and Before March 11, 2004). [New Yorker, 7/26/2004] Some of the other leaders of the bombings are also said to be linked to the 2004 Madrid bombings (see 7:37-7:42 a.m., March 11, 2004). Also, Mohammed Fazazi, a radical imam who preached at the Hamburg mosque attended by some of the 9/11 hijackers, will be convicted for a role in the bombings (see 1993-Late 2001). [Irujo, 2005, pp. 241-242]

Entity Tags: Moroccan Islamic Combatant Group, Mohammed Fazazi, Al-Qaeda, Amer el-Azizi, Saad al-Houssaini

Timeline Tags: Complete 911 Timeline

Ali Saleh Kahlah Al-Marri, a Qatari citizen and former US college student charged with bank fraud and alleged to be an al-Qaeda sleeper agent (see December 12, 2001), pleads innocent in an Illinois federal court. His court date is set for July 21, but before that can happen, President Bush will designate al-Marri an “enemy combatant” and send him into military custody, where he will be denied access to the US court system (see June 23, 2003). Al-Marri has been in detention in New York City while federal investigators probe his alleged connections to 9/11 hijackers. Al-Marri is charged with credit card fraud (see February 8, 2002) based on his alleged possession of at least 15 unauthorized and counterfeit credit cards; he is alleged to have been part of the al-Qaeda finance network. He is also charged with lying to FBI agents over alleged overseas phone calls to a number associated with an al-Qaeda figure in the United Arab Emirates, Mustafa Ahmed al-Hawsawi, a known al-Qaeda facilitator linked to the 9/11 attacks (see Early-Late June, 2001). Al-Marri is not charged with being personally linked to the attacks. US Attorney Jan Paul Miller says al-Marri has not been charged with a terrorist crime. [Associated Press, 5/29/2003]

Entity Tags: Ali Saleh Kahlah al-Marri, Al-Qaeda, Jan Paul Miller, Mustafa Ahmed al-Hawsawi, George W. Bush, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Solicitor General Theodore Olson submits a response to the request that the Supreme Court reopen the 1953 state secrets case US v Reynolds (see February 26, 2003). Olson argues that once a decision has been made, it should be respected—“the law favors finality,” he writes. More surprisingly to the plaintiffs and their lawyers, Olson argues that there was no fraud perpetuated in the original case, a position hard to defend in the face of the declassified accident reports that were the heart of that case (see February 2000 and February 26, 2003). The accident reports never contained military secrets or secret information of any kind, a claim that the Court’s 1953 decision hinged on, but Olson argues that because of the wording of the claims—releasing the reports to the original plaintiffs “might lead to disclosure” of classified information—then the old claims of protecting state secrets are still technically valid (see March 9, 1953). Olson echoes the author of the original Supreme Court opinion, Fred Vinson, by reminding the Court that “[t]he claim of privilege in this case was made in 1950, at a time in the nation’s history—during the twilight of World War II and the dawn of the Cold War—when the country, and especially the military, was uniquely sensitive to need for ‘vigorous preparation for national defense.‘… The allegations of fraud made by the petition in this case… must be viewed in that light.” The lawyer for the plaintiffs in the petition, Wilson Brown, is both angered and impressed by what he calls Olson’s “remarkable obfuscation.” By hiding behind the vague wording of the original claims of state secrets, Olson is implying that this case must turn on factual issues—and therefore should be heard in a lower court, not the Supreme Court. Brown, in his response co-written by colleague Jeff Almeida, calls Olson’s arguments “disingenuous” and insists that the plaintiffs’ original case “had been vitiated through fraud.” [Siegel, 2008, pp. 261-264]

Entity Tags: Fred Vinson, Bush administration (43), Jeff Almeida, US Supreme Court, Wilson Brown, Theodore (“Ted”) Olson

Timeline Tags: Civil Liberties

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

Entity Tags: Benjamin Smith, Timothy James McVeigh, Aryan Nations, Anti-Defamation League, Abraham Foxman, Theodore J. (“Ted”) Kaczynski, Stormfront, Federal Bureau of Investigation, John Ashcroft, Keith Lovin, Eric Robert Rudolph, Buford Furrow, Emily Lyons, Jack Killorin, Army of God

Timeline Tags: US Domestic Terrorism

Constitutional lawyers and experts believe that the Supreme Court will not accept the petition to reopen the landmark US v Reynolds case (see February 26, 2003 and May 30, 2003). Kate Martin of the Center for National Security Studies says that the petition is essentially frivolous, and says of the claim that Reynolds was decided on the basis of a fraudulent government presentation: “That the facts of the original case are not true is irrelevant to the state secrets privilege (see March 9, 1953). The idea that it undercuts the privilege is ridiculous. Often in cases, after they’re decided, the facts are proven not to be true. That’s the nature of the legal system. Sometimes people lie. Sometimes there’s new information.” Law professor Jonathan Turley is more sympathetic to the petition, but agrees that the Supreme Court will probably not hear it: “For the Supreme Court to address the fact clearly that it had been lied to would open difficult issues.… The Court used the facts of Reynolds to say the government could be trusted.… Reynolds was based on trust, on willful blinders. There’s much danger in going back now, in recognizing that the government routinely lies. They’re not going to face that. They won’t reopen this. I think Reynolds is like discovering an unfaithful wife after fifty years of marriage. You’re hurt by the betrayal, but you can’t turn back half a century. You preserve the marriage for the children’s sake” (see December 1980, September 1982, November 1984, January 1990, June 13, 1991, and September 16, 1992). [Siegel, 2008, pp. 266-267]

Entity Tags: US Supreme Court, Jonathan Turley, Center for National Security Studies, Kate Martin

Timeline Tags: Civil Liberties

Lewis “Scooter” Libby, chief of staff for Vice President Dick Cheney, phones senior CIA official Robert Grenier to ask about a recent trip to Niger by former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002). Libby has just left a meeting with Cheney and Cheney’s press secretary, Cathie Martin. According to later testimony by Grenier (see January 24, 2007), Libby is “anxious” to learn about the trip, and obviously annoyed by Wilson’s claims that he was sent to Niger at the behest of Cheney. Grenier, the official in charge of the CIA’s actions as relating to Iraq, promises to look into the matter, but before he can speak again to Libby, the chief of staff pulls him out of a meeting with CIA Director George Tenet to ask him about Wilson. [Office of the Vice President, 6/11/2003 pdf file; New York Times, 2/4/2007; MSNBC, 2/21/2007; Marcy Wheeler, 6/6/2007]
Libby Discusses Feasibility of Leaking Wilson Info - Grenier will later testify that he had never been pulled out of a meeting with Tenet before. Libby had already asked about Wilson, who was, according to Libby, “going around town and speaking to people in the press” about a mission he’d been sent on by the agency to investigate claims that Iraq had sought to buy yellowcake uranium from Niger (see February 21, 2002-March 4, 2002). Libby tells Grenier to check out Wilson’s story, and find out if Wilson’s claim that his mission was prompted by the Office of the Vice President is true (see (February 13, 2002)). “He sounded a little bit aggrieved,” Grenier will later testify. “There was a slightly accusatory tone in his voice.” This tone suggests to Grenier that Libby “would need this information sooner than later, so he could potentially get out in front of this story.” Later that day, Grenier receives a call from the CIA’s counterproliferation division—Valerie Plame Wilson’s bureau—confirming that Wilson had been sent to Niger by the agency (see Shortly after February 13, 2002). Grenier calls Libby back and relays that information. The State Department and Pentagon were also interested in the results of Wilson’s investigation, Grenier tells Libby. Grenier also tells Libby that Wilson’s wife works in the same CIA unit as the one that sent Wilson to Niger. The information about Wilson and his wife seems to please Libby, Grenier will later recall. Libby speculates as to the feasibility of leaking that information to the press. Grenier contacts CIA public affairs official Bill Harlow and tells Libby, “We can work something out.” Libby then tells Grenier that Martin will coordinate the effort with Harlow and the CIA public affairs office (see 5:27 p.m. June 11, 2003). [Marcy Wheeler, 1/24/2007; ABC News, 1/24/2007; Mother Jones, 1/25/2007]
Grenier Wonders if He Revealed Identity of Agency Official - After hanging up, Grenier will later testify, he feels somewhat guilty, “as if I had said too much.” In particular, he worries that he may have “revealed the identity of an agency officer.” He will testify that such information is something “we normally guard pretty closely. In the CIA our habit is that if we don’t need to say something, we generally don’t.” But, he later says he told himself, “look—this is a senior government official, he probably has every security clearance known to man.” [Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007]

Entity Tags: Robert Grenier, Richard (“Dick”) Cheney, Office of the Vice President, Counterproliferation Division, Joseph C. Wilson, Lewis (“Scooter”) Libby, Central Intelligence Agency, George J. Tenet, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

After CIA official Robert Grenier calls Vice President Dick Cheney’s chief of staff, Lewis Libby, with the news that the agency sent former ambassador Joseph Wilson to Niger (see Shortly after February 13, 2002), and Wilson’s wife is a CIA official (see 2:00 p.m. June 11, 2003), CIA spokesman Bill Harlow calls Cheney’s communications director Cathie Martin. In the course of the conversation, Harlow tells Martin that Wilson’s wife works for the CIA. Martin then tells Cheney and Libby about Wilson and Wilson’s wife. [Office of the Vice President, 6/11/2003 pdf file; Marcy Wheeler, 1/24/2007; Marcy Wheeler, 1/25/2007]

Entity Tags: Lewis (“Scooter”) Libby, Bill Harlow, Catherine (“Cathie”) Martin, Central Intelligence Agency, Joseph C. Wilson, Robert Grenier, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

The Supreme Court refuses to hear a petition to reopen the 1953 state secrets case US v Reynolds (see February 26, 2003). It issues a one-sentence ruling: “The motion for leave to file a writ of error coram nobis is denied.” Plaintiff Judy Palya Loether says: “Maybe the law isn’t about right or wrong. The concept that the government lied to the Supreme Court (see February 2000) seemed to me a terrible thing to do. It appears that the justices were not as appalled as I was.” Further attempts to reopen the case in lower courts will also fail. [Siegel, 2008, pp. 267-298]

Entity Tags: US Supreme Court, Judy Palya Loether

Timeline Tags: Civil Liberties

The UN Special Rapporteur on the independence of judges and lawyers, Param Cumaraswamy—still awaiting a response from the US government to his urgent appeal (see November 13, 2001) relating to Bush’s November 13, 2001 military order (see November 13, 2001) —says: “The Bush administration has not been very responsive to criticisms, and they have become a little intolerant to criticisms about themselves, but they are very free to criticize other governments when they violate human rights norms.” [BBC Radio 4, 7/13/2003]

Entity Tags: Bush administration (43), Amnesty International, Charles Anteby

Timeline Tags: Torture of US Captives

Rohan Gunaratna.Rohan Gunaratna. [Source: George Washington University]Counterterrorism expert Rohan Gunaratna claims to know what was discussed at the al-Qaeda summit held in Malaysia in January 2000 (see January 5-8, 2000). Gunaratna has been described as an “ad hoc adviser to US intelligence officials,” and it is believed he has seen top secret transcripts of 9/11 mastermind Khalid Shaikh Mohammed’s (KSM) recent interrogations in CIA prisons. It has not been explained how he saw such transcripts, but the CIA has not disputed the assertion that he saw them. [Bergen Record, 7/10/2003] In public testimony before the 9/11 Commission, Gunaratna says that “Khalid Shaikh Mohammed chaired that meeting [in Malaysia]. The first two hijackers to enter the United States, they were present at that meeting. So the 9/11 operation is an extension of old Plan Bojinka (see January 6, 1995). So the players of old plan Bojinka, they were not all arrested.… If you read the interrogation of [KSM], who is now in US custody, he has very clearly stated how 9/11 was planned, that it originated from [Bojinka].” However, the 9/11 Commissioners do not ask him any follow-up questions about this. [9/11 Commission, 7/9/2003 pdf file] In the 9/11 Commission’s final report, there will be no mention of any suggestions KSM was at the Malaysia summit or any clear accounting as to who all the attendees were. Their report will also downplay any connections between the 1995 Bojinka plot and the 9/11 plot, which they will claim began in 1999. [9/11 Commission, 7/24/2004, pp. 153-154] However, later on the same day as his testimony, Gunaratna will give more details of what he claims to have learned from KSM’s interrogations in an interview with a reporter. He says that at the summit KSM said al-Qaeda operatives would need to learn to fly commercial airliners in the US as part of a “suicide operation.” However, although KSM had already agreed on the targets with bin Laden, the World Trade Center and the Pentagon were not mentioned at the summit. KSM “was careful not to discuss all the specific plans at that meeting.” The reporter who interviewed Gunaratna notes that “some US intelligence officials” have “pooh-poohed the significance of the Malaysian meeting as a link to Sept. 11,” and if KSM was at the meeting, that “further underscores how the CIA missed an opportunity” to stop the 9/11 attacks. [Bergen Record, 7/10/2003] The CIA had Malaysian intelligence photograph and film the attendees of the summit as they were coming and going, but apparently there was no attempt to monitor what was said in the summit meetings (see January 5-8, 2000 and Shortly After). If Gunaratna is correct, it suggests that the CIA and 9/11 Commission may have withheld some details of KSM’s interrogations to the public that are embarrassing to US intelligence agencies. Note also that doubts have been expressed about the reliability of KSM’s testimony, which was at least partly obtained through the use of torture (see June 16, 2004).

Entity Tags: Central Intelligence Agency, Al-Qaeda, 9/11 Commission, Khalid Shaikh Mohammed, Rohan Gunaratna

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The same day that Vice President Dick Cheney tells his chief of staff, Lewis Libby, to disclose classified information from a CIA report to discredit war critic Joseph Wilson (see July 12, 2003), Libby and Cheney, along with Cheney’s press spokesperson Cathie Martin, fly to and from Norfolk, Virginia. During the flight, the three discuss how they can rebut Wilson’s criticisms of the administration’s war effort and discredit him. They consider passing information to reporters such as Time correspondent Matthew Cooper (see 12:45 p.m. July 11, 2003) and the Washington Post’s Glenn Kessler (see July 12, 2003). [US District Court for the District of Columbia, 10/28/2005 pdf file; Washington Post, 10/30/2005; National Journal, 6/14/2006] Cheney tells Libby to leak classified information from the October 2002 National Intelligence Estimate on Iraqi WMD to reporters (see July 12, 2003). Cheney also tells him to steer reporters towards a recent statement by CIA Director George Tenet that asserts Wilson had been sent to Niger by CIA counterproliferation officers “on their own initiative” (see 3:09 p.m. July 11, 2003). [Raw Story, 10/1/2005; New York Times, 10/1/2005; National Journal, 6/14/2006] He also tells Libby to alert reporters to the morning’s attack on Wilson by White House press secretary Ari Fleischer (see 3:20 a.m. July 12, 2003). [Washington Post, 10/30/2005] And Cheney tells Libby to ask the CIA to back his assertion that the Office of the Vice President knew nothing of the Wilson mission and “didn’t get the report back,” referring to the CIA’s report on Wilson’s debriefing (see March 5, 2002). [Murray Waas, 12/23/2008] According to the FBI’s investigation, Cheney and Libby discuss whether to tell reporters that Wilson’s wife works for the CIA. [Washington Post, 2/21/2007] Libby will “out” Plame Wilson to Cooper later this afternoon (see 2:24 p.m. July 12, 2003) as well as to New York Times reporter Judith Miller (see Late Afternoon, July 12, 2003). Cheney may have given Libby direct orders to leak Plame Wilson’s identity to the press, according to classified transcripts of Libby’s later testimony to FBI investigators. According to Libby’s notes of the conversation, Cheney says that the CIA has told him that Wilson was sent to Niger “at our behest,” referring to the agency (see Shortly after February 13, 2002). Libby’s notes also state that Cheney told him Wilson’s “wife works in that division.” Plame Wilson is a senior official for the CIA’s Joint Task Force on Iraq (see April 2001 and After), a bureau within the agency’s counterproliferation division. [Murray Waas, 12/23/2008]

Entity Tags: Central Intelligence Agency, George J. Tenet, Joseph C. Wilson, Ari Fleischer, Judith Miller, Catherine (“Cathie”) Martin, Richard (“Dick”) Cheney, Matthew Cooper, Glenn Kessler, Office of the Vice President, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Senator John D. Rockefeller.Senator John D. Rockefeller. [Source: ViewImages.com]John D. Rockefeller (D-WV), the ranking member of the Senate Intelligence Committee, learns of the secret NSA warrantless wiretapping program against US citizens (see Early 2002) in a secret briefing for himself, the chairman of the committee, and the chairman and ranking member of the House Intelligence Committee. Hours later, Rockefeller sends a handwritten letter to Vice President Cheney expressing his concerns about the potential illegality of the program, concerns he apparently expressed in the briefing as well. Rockefeller will not release the letter publicly until December 19, 2005, four days after the New York Times publishes an article revealing the program’s existence (see December 15, 2005). Disturbed both by the information he was given and the information that was obviously being withheld, Rockefeller writes in part: “Clearly the activities we discussed raise profound oversight issues.… Given the security restrictions associated with this information, and my inability to consult staff or counsel on my own [Cheney had prohibited Rockefeller and the three other lawmakers in the briefing from consulting with their staff experts], I feel unable to fully evaluate, much less endorse these activities. As I reflected on the meeting today, and the future we face, John Poindexter’s TIA [Total Information Awareness (see March 2002)] project sprung to mind, exacerbating my concern regarding the direction the administration is moving with regard to security, technology, and surveillance. Without more information and the ability to draw on any independent legal or technical expertise, I simply cannot satisfy lingering concerns raised by the briefing we received.” [Democratic Party, 12/19/2005; Savage, 2007, pp. 115] Rockefeller also notes that he is not at liberty to do anything about his concerns, since he is legally bound to obey the secrecy rules the White House has invoked, but he wants his concerns noted. [Savage, 2007, pp. 116] It is unclear whether Rockefeller ever receives a reply. Rockefeller is apparently unaware of evidence showing that domestic surveillance may have begun well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: New York Times, Richard (“Dick”) Cheney, John D. Rockefeller, John Poindexter, Total Information Awareness, National Security Agency

Timeline Tags: Civil Liberties

White House deputy chief of staff Karl Rove declares that covert CIA case officer Valerie Plame Wilson, recently outed by conservative columnist Robert Novak (see July 14, 2003), is now “fair game,” presumably for media attacks. Plame Wilson learns of Rove’s declaration when she walks into her den to find her husband Joseph Wilson just getting off the phone. She will later write: “[H]e had a look on his face that I’d never seen before. He said he had just been talking with journalist and Hardball host Chris Matthews [the host of a political discussion show on MSNBC], who had told [Wilson] that he had just spoken with the powerful presidential adviser Karl Rove.” [Wilson, 2007, pp. 147] Wilson himself will later write that Matthews tells him: “I just got off the phone with Karl Rove. He says, and I quote, ‘Wilson’s wife is fair game.‘… I will confirm that if asked.” Wilson will write: “Those are fighting words for any man, and I’d just had them quoted to me.… Rove was legendary for his right-wing zeal and take-no-prisoners operating style. But what he was doing now was tantamount to declaring war on two US citizens, both of them with years of government service.… For a president who promised to restore dignity and honor to the White House, this behavior from a trusted adviser was neither dignified nor honorable. In fact, it was downright dirty and highly unethical even in a town where the politics of personal destruction are the local pastime.” He cannot be sure why he and his wife are being targeted. Surely, he muses, no one believes that his wife sent him on his mission to Niger (see Shortly after February 13, 2002 and February 19, 2002), or that his trip to one of the poorest countries in Africa had been some sort of pleasure jaunt. He realizes that the ultimate target might not be either his wife or himself, but others who may feel impelled to speak out against the administration, a point he makes later in the day to two reporters from Newsday (see July 21, 2003). [Wilson, 2004, pp. 1-5] Wilson will later write: “To make a political point, to defend a political agenda, to blur the truth that one of the president’s own staffers had scripted a lie into the president’s mouth, one of the administration’s most senior officials found it perfectly acceptable to push a story that exposed a national security asset. It was appalling.” [Wilson, 2004, pp. 351]

Entity Tags: Karl C. Rove, Chris Matthews, Bush administration (43), Valerie Plame Wilson, Joseph C. Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

A senior intelligence official confirms that outed CIA officer Valerie Plame Wilson (see July 14, 2003) was not responsible for selecting her husband, former ambassador Joseph Wilson, to go to Niger to determine the truth or falsity of charges that Iraq had sought to buy uranium from there (see Shortly after February 13, 2002 and February 19, 2002). While Plame Wilson worked “alongside” the operations officers who asked her husband to travel to Niger, the official notes, she did not recommend her husband to undertake the Niger assignment. “They [the officers who did ask Wilson to check the uranium story] were aware of who she was married to, which is not surprising,” the official says. “There are people elsewhere in government who are trying to make her look like she was the one who was cooking this up, for some reason. I can’t figure out what it could be.” [Newsday, 7/22/2003]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Joseph Wilson, the former US ambassador to Gabon who has played a key part in discrediting the Bush administration’s attempts to claim that Iraq tried to purchase weapons-grade uranium from Niger (see July 6, 2003)), is interviewed for the PBS Frontline episode, “Truth, Consequences, and War.” The interview will be broadcast in early October 2003.
Trip to Niger - Wilson confirms that the CIA sent him to Niger in February 2002 to find evidence either supporting or challenging claims that Iraq tried to purchase weapons-grade uranium from that nation (see Shortly after February 13, 2002 and February 21, 2002-March 4, 2002). Wilson notes that the CIA officials who sent him to Iraq “said that the Office of the Vice President had raised questions about this report, and they’d asked them to look into it” (see (February 13, 2002)), but he personally had no contact with anyone in that office.
Reactions to Claims of Iraq-Niger Uranium Deal - Wilson recalls being bemused by President Bush’s assertion that Iraq tried to purchase uranium from an African country, but accepted the possibility that he was not referring to Niger, but another African nation that also mines and sells uranium (see January 28-29, 2003). Wilson says the issue became a concern to him when the International Atomic Energy Agency concluded that the documents used for the Iraq-Niger claims were obvious forgeries (see March 7, 2003), and the State Department admitted to being gulled by them (see March 8, 2003). He says, “Now, when the State Department spokesman said that, I was moved to say on a news program that I thought that if the US government looked into its files, it would find that it had far more information on this particular subject than the State Department spokesman was letting on” (see March 8, 2003). Wilson calls the decision to allow Bush to make the claim in his State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003) irresponsible. “You allow the president of the United States to use information that did not even pass the threshold for an Italian news magazine [Panorama—see October 9, 2002]? You allow him to use that information in the most important speech that he makes in his tenure?”
Correcting the Record - Wilson denies that his decision to write an op-ed for the New York Times exposing the falsehood of the White House claims (see July 6, 2003) was political. Instead, he says, it was “a response to what appeared to me to be a series of misstatements on the part of senior administration officials.” Wilson notes that the White House had many opportunities to set the record straight without his intervention, but chose not to. He made pleas to the White House through his friends at the State Department and friends of senior administration officials to be honest about the claims (see January 29, 2003 and March 8, 2003). Wilson reiterates his feelings that the Iraq invasion was outside the bounds of the various United Nations resolutions constraining Iraq’s behavior, and that Iraq could have been successfully contained by continuing UN efforts to disarm the Iraqi regime. There were no provable links between Iraq and Islamist terrorism, there was no provable imminent threat to the US or the Middle East from Iraq, and allegations that Iraq had committed genocide could have been addressed through the UN’s Genocide Convention.
Blowing His Wife's CIA Identity - Wilson concludes by addressing the leak of his wife Valerie Plame Wilson’s identity as a CIA official (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, July 12, 2003, and July 14, 2003), and notes that while he won’t confirm that his wife is a CIA official, to publicly expose such an official is a crime under the Intelligence Identities Protection Act (see July 16, 2003). It was an attempt to intimidate others, Wilson says: “I think it was a signal to others, that should you decide to come forward, we will do this to your family as well. It was just very sloppy.” He adds that if his wife is indeed a CIA official, “if it’s a real violation, [it will] cause a lot of pain in our national security apparatus, because at a minimum—the assertions were that she was a CIA operative working in the weapons of mass destruction programs. So if those assertions are true, what this administration has done is they’ve taken a national security asset involved in a program to which they give high priority, off the table, and to protect whose career? What political objective is so important… that you take a national security asset off—not to shut me up, but to… [shut] others up. That would be the only conclusion I could come to. If you read the story in which this assertion was made, the assertion adds absolutely nothing to the story, nothing. It is not germane, it is not relevant.” The interviewer says, “All’s fair in love and war,” and Wilson responds: “When you’re an administration that comes to office on a platform of restoring dignity and honor to the White House, and you act in such a dishonorable and undignified way, then you really do descend to that ‘all’s fair in love and war’ status. I think in that case it’s important to point out how duplicitous some in the White House are.” [PBS Frontline, 10/9/2003]

Entity Tags: New York Times, Intelligence Identities Protection Act, George W. Bush, Central Intelligence Agency, Bush administration (43), International Atomic Energy Agency, Joseph C. Wilson, Public Broadcasting System, US Department of State, Office of the Vice President, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

In the Syrian “Palestine Branch” prison, Maher Arar is instructed by an interrogator to write a statement admitting that he went to a training camp in Afghanistan and sign it. He does so only after being kicked. After more than 10 months in solitary confinement (see October 9, 2002), Arar is let out of his grave-like cell. He is then transferred, first to the “Investigation Branch,” and then to Sednaya prison. “I was very lucky,” he says, “that I was not tortured when I arrived there. All the other prisoners were tortured when they arrived.” [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

Babak Pasdar.Babak Pasdar. [Source: Bat Blue]Babak Pasdar, a computer security consultant for a wireless telecommunications carrier, leads a “Rapid Deployment” team to revamp the carrier’s security on its internal network. Pasdar discovers a so-called “Quantico Circuit”—a 45 megabit-per-second DS-3 line linking the carrier’s most sensitive network to an unnamed third party. When Pasdar inquires about the circuit, the carrier’s officials become uncommunicative. Wired News will later note that Quantico is the Virginia town that hosts the FBI’s electronic surveillance operations. Pasdar later writes in an affidavit: “The circuit was tied to the organization’s core network. It had access to the billing system, text messaging, fraud detection, Web site, and pretty much all the systems in the data center without apparent restrictions.” In 2008, Pasdar will come forward with the evidence (see March 6, 2008), leading observers to believe that the carrier was providing illegal access to its customers’ information to a US government agency, perhaps the FBI. Wired News will note that Pasdar’s allegations almost perfectly mirror similar allegations made against Verizon Wireless in a 2006 lawsuit (see January 31, 2006). [Wired News, 3/6/2008]

Entity Tags: Babak Pasdar, Wired News, Verizon Wireless

Timeline Tags: Civil Liberties

Abdullah Almalki.Abdullah Almalki. [Source: Tom Hanson / Canadian Press]A month after his transfer to the Sednaya prison in Syria (see August 19, 2003), Maher Arar meets another prisoner he recognizes as Abdullah Almalki, the man he was questioned about a year before (see September 26, 2002) in New York. “His head was shaved, and he was very, very thin and pale. He was very weak.” Almalki is in far worse shape than Arar. “He told me he had also been at the Palestine Branch, and that he had also been in a grave like I had been except he had been in it longer. He told me he had been severely tortured with the tire, and the cable. He was also hanged upside down. He was tortured much worse than me. He had also been tortured when he was brought to Sednaya, so that was only two weeks before.” [CBC News, 11/26/2004]

Entity Tags: Maher Arar, Abdullah Almalki

Timeline Tags: Torture of US Captives

An Associated Press (AP) report provides details of what alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) has apparently told his CIA interrogators. The article, based on “interrogation reports” reviewed by the AP, makes the following claims:
bullet KSM worked on the Bojinka plot in 1994 and 1995 in the Philippines with Ramzi Yousef, Abdul Hakim Murad, and Wali Khan Amin Shah;
bullet After Yousef and Murad were captured (see January 6, 1995 and February 7, 1995), KSM began to devise a new plot that focused on hijackings on US soil;
bullet KSM first pitched the 9/11 plot to Osama bin Laden in 1996. He wanted bin Laden “to give him money and operatives so he could hijack 10 planes in the United States and fly them into targets”;
bullet After bin Laden agreed in principle, the original plan, which called for hijacking five commercial jets on each US coast, was modified several times. Some versions even had the planes being blown up in mid-air, possibly with the aid of shoe bombs. Bin Laden scrapped various parts of the plan, including attacks on both coasts and hijacking or bombing some planes in East Asia as well;
bullet The original four al-Qaeda operatives bin Laden offered KSM for the plot were eventual hijackers Nawaf Alhazmi and Khalid Almihdhar, as well as Khallad bin Attash and Abu Bara al-Yemeni. “All four operatives only knew that they had volunteered for a martyrdom operation involving planes,” one interrogation report apparently states;
bullet The first major change to the plans occurred in 1999 when the two Yemeni operatives could not get US visas (see April 3, 1999). [Associated Press, 9/21/2003] (According to the 9/11 Commission Report, KSM actually says Abu Bara al-Yemeni never applied for a US visa); [9/11 Commission, 7/24/2004, pp. 492]
bullet Bin Laden then offered KSM additional operatives, including a member of his personal security detail;
bullet At that time the plot was to hijack a small number of planes in the United States and East Asia and either have them explode or crash into targets simultaneously;
bullet In 1999, the four original operatives picked for the plot traveled to Afghanistan to train at one of bin Laden’s camps, where they received specialized commando training (see Late 1999);
bullet Al-Qaeda’s Malaysia summit (see January 5-8, 2000) was, according to the report, a “key event in the plot,” although it does not say whether KSM was physically present. On the other hand, it confirms the presence of Jemaah Islamiyah leader Hambali;
bullet KSM communicated with Alhazmi and Almihdhar while they were in the US using Internet chat software;
bullet KSM has never heard of Omar al-Bayoumi, an apparent Saudi intelligence agent who provided some assistance to future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi when they arrived in California. Neither did he arrange for anyone else in the US to assist Almihdhar and Alhazmi when they arrived in California. Despite this, Almihdhar and Alhazmi soon made contact with a network of people linked to Saudi intelligence services (see January 15-February 2000 and June 23-July 2001);
bullet Bin Laden canceled the East Asian portion of the attacks in the spring of 2000, because, according to a quote from KSM contained in a report, “it would be too difficult to synchronize” attacks in the United States and Asia;
bullet Around that time, KSM reached out to Jemaah Islamiyah, an al-Qaeda affiliate in Southeast Asia. He began “recruiting JI operatives for inclusion in the hijacking plot as part of his second wave of hijacking attacks to occur after Sept. 11,” one summary reportedly says;
bullet Zacarias Moussaoui also went to Malaysia in the run-up to 9/11 (see September-October 2000);
bullet In its final stages, the plan called for as many as 22 terrorists and four planes in a first wave, followed by a second wave of suicide hijackings that were to be aided possibly by al-Qaeda allies in Southeast Asia;
bullet The hijacking teams were originally made up of members from different countries where al-Qaeda had recruited, but in the final stages bin Laden chose instead to use a large group of young Saudi men to populate the hijacking teams;
bullet KSM told interrogators about other terror plots that were in various stages of planning or had been temporarily disrupted when he was captured, including one planned for Singapore (see June 2001 and November 15-Late December 2001);
bullet KSM and al-Qaeda were still actively looking to strike US, Western, and Israeli targets across the world as of this year. [Associated Press, 9/21/2003]
These statements attributed to KSM are similar to later statements attributed to him by the 9/11 Commission Report. [9/11 Commission, 7/24/2004] The Associated Press article cautions that US authorities are still investigating what KSM is telling them, “to eliminate deliberate misinformation.” [Associated Press, 9/21/2003] KSM made some or all these statements under torture, leading some to question their reliability (see Shortly After February 29 or March 1, 2003, After March 7, 2003, June 16, 2004, and August 6, 2007).

Entity Tags: Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

A portion of the outer door of AT&T’s Folsom Street facility.A portion of the outer door of AT&T’s Folsom Street facility. [Source: Wired News]Senior AT&T technician Mark Klein (see July 7, 2009), newly assigned to the company’s Folsom Street facility in San Francisco, is tasked to work at the seventh floor “Internet room,” where AT&T manages much of its domestic Internet traffic. Klein is intensely curious about the National Security Agency’s “secret room” on the sixth floor (see January 2003). The NSA room has two doors, both labeled “641A,” and is in reality what Klein will later term “a room within a room,” with the outer room filled with ordinary “computer equipment for mundane corporate uses.” He does not know what is in the inner “secret” room. Klein will later write, “While working in the outer room, you could walk around three sides of the secret room, which I measured to be about 24 by 48 feet.” An outer door leads from Room 641A to the 4ESS switchroom, which AT&T uses to manage its long-distance telephone communications. The rooms are connected by “row after row of equipment and a tangle of cabling going up and across the ceiling.” Klein learns that the NSA room is sometimes called “the SIMS room,” an acronym of which no one seems to know the meaning. [PBS Frontline, 5/15/2007; Klein, 2009, pp. 32-34] Klein will later describe his job at the Folsom Street facility as working with the phone switch equipment on the sixth floor, “which handled the public’s telephone calls and was the workhorse of the phone system.… My main assignment was to oversee the Internet room, and that meant keeping it going. If there were any trouble calls, I had to answer them. If there’s any upgrading work to do, I had to either do it or arrange for others to do it in off hours. Just oversee the flow of work in the Internet room and watch things.” He also spends a tremendous amount of time on the seventh floor, “where the Internet room was.… That’s where there are a lot of Cisco routers, a lot of fiber-optic lines coming in and going out.” The Folsom Street facility serves the Bay Area as well as much of Western America. According to Klein: “There’s lots of Internet traffic, as you can imagine, that goes in and out of this office, probably hundreds of fiber-optic lines that go out, carrying billions—that’s billions with a ‘B’—billions of bits of data going in and out every second every day. So all the Web surfing you’re doing, whatever you’re doing on the Internet—the pictures, the video, the Voice over Internet—all that stuff’s going in and out of there. And then of course there’s also the traditional phone switch, which is doing what it’s been doing since before the Internet.… Handling millions and millions of phone calls, right. That’s its job.” [PBS Frontline, 5/15/2007]

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

Timeline Tags: Civil Liberties

Salon columnist and media observer Eric Boehlert notes that while the White House has specifically, and emphatically, denied Karl Rove leaked the CIA identity of Valerie Plame Wilson (see September 29, 2003), it has not yet given such coverage to Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney. Circumstantial evidence that the White House may be leaving Libby to, in Boehlert’s words, “twist in the wind” is mounting. The New York Daily News has reported that “Democratic Congressional sources said they would like to hear from… Lewis Libby.” On MSNBC, an administration critic, former counterterrorism official Larry Johnson, who says he knows who the leaker is, would not deny it was Libby. And Senator Chuck Hagel has implied that the leak originated from the vice president’s office when he said that President Bush needs to sit down with Cheney and “ask… what he knows about it.” A former senior CIA officer says, “Libby is certainly suspect No. 1.” Even Cheney’s own spokeswoman, Cathie Martin, refuses to deny Libby’s involvement, saying only, “This is a serious matter and we shouldn’t be speculating in light of an ongoing investigation.” Boehlert notes that conservative columnist Robert Novak, who outed Plame Wilson in one of his columns (see July 14, 2003), has dropped several hints about his primary source that point (inconclusively) to Libby. Novak’s assertion that his source is “no partisan gunslinger” (see October 1, 2003) is a better characterization of Libby than of Rove. Since Novak has referred to his source as “he,” the source cannot be National Security Adviser Condoleezza Rice or any other White House female. Most interestingly, Boehlert notes, Novak was never looking for Plame Wilson’s identity when he spoke with his sources in July 2003. Rather, he wanted to know why former ambassador Joseph Wilson was chosen to go to Niger (see Shortly after February 13, 2002 and February 21, 2002-March 4, 2002). The logical place for Novak to begin such an inquiry, Boehlert writes, was Cheney’s office. Wilson believed Cheney was primarily, if indirectly, responsible for sending him to Niger (see (February 13, 2002)). Time magazine ran a story that revealed Libby was talking to reporters about Wilson (see July 17, 2003). And Boehlert notes other, less significant clues that add incrementally to the evidence showing that Libby might well have been Novak’s source. Finally, Boehlert comes back to Larry Johnson. Johnson confirmed for PBS that Plame Wilson was an undercover CIA agent and not merely an “analyst,” as Novak has asserted. He recently said flatly on MSNBC, “I know the name of the person that spoke with Bob Novak,” and that person works “at the White House,” and more specifically, “in the Old Executive Office Buildings.” Cheney’s office is located inside the Old Executive Office Building. Johnson was asked by co-host Pat Buchanan: “Scooter Libby. Now, is Scooter Libby the name you heard?” Johnson replied, “I’m not going to comment on that.” [Salon, 10/3/2003] The day after Boehlert’s column appears, White House press secretary Scott McClellan gives reporters the same assurance about Libby that he gave to Rove (see October 4, 2003).

Entity Tags: Larry C. Johnson, Catherine (“Cathie”) Martin, Bush administration (43), Chuck Hagel, Karl C. Rove, Lewis (“Scooter”) Libby, Robert Novak, Eric Boehlert, Office of the Vice President, Valerie Plame Wilson, Patrick Buchanan, Richard (“Dick”) Cheney

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Jack Goldsmith succeeds Jay Bybee as the head of the Justice Department’s Office of Legal Counsel (OLC). The OLC essentially performs two functions: advising the executive branch on the legal limits of presidential power, and crafts legal justifications for the actions of the president and the executive branch. Goldsmith, who along with fellow Justice Department counsel and law professor John Yoo, is seen as one of the department’s newest and brightest conservative stars. But instead of aiding the Bush administration in expanding the power of the executive branch, Goldsmith will spend nine tumultuous months battling the White House on issues such as the NSA’s warrantless wiretapping program, the administration’s advocacy of torture in the interrogation of terrorism suspects, and the extralegal detention and military tribunals of “enemy combatants.” Goldsmith will find himself at odds with Yoo, the author of two controversial OLC memos that grant the US government wide latitude in torturing terror suspects (see January 9, 2002 and August 1, 2002), with White House counsel and future attorney general Alberto Gonzales, and with the chief aide to Vice President Dick Cheney, David Addington, who along with Cheney is one of the strongest advocates of the so-called “unitary executive” theory of governance, which says the president has virtually unlimited powers, especially in the areas of national security and foreign policy, and is not always subject to Congressional or judicial oversight. Within hours of Goldsmith’s swearing-in, Goldsmith receives a phone call from Gonzales asking if the Fourth Geneva Convention, which protects civilians in war zones such as Iraq, covers terrorists and insurgents as well. Goldsmith, after intensive review with other lawyers in and out of the Justice Department, concludes that the conventions do indeed apply. Ashcroft concurs. The White House does not. Goldsmith’s deputy, Patrick Philbin, says to Goldsmith as they drive to the White House to meet with Gonzales and Addington, “They’re going to be really mad. They’re not going to understand our decision. They’ve never been told no.” Philbin’s prediction is accurate; Addington is, Goldsmith recalls, “livid.” The physically and intellectually imposing Addington thunders, “The president has already decided that terrorists do not receive Geneva Convention protections. You cannot question his decision.” Addington refuses to accept Goldsmith’s explanations. Months later, an unmollified Addington will tell Goldsmith in an argument about another presidential decision, “If you rule that way, the blood of the hundred thousand people who die in the next attack will be on your hands.” These initial encounters set the tone for Goldsmith’s stormy tenure as head of the OLC. Goldsmith will lead a small group of administration lawyers in what New York Times Magazine reporter Jeffrey Rosen calls a “behind-the-scenes revolt against what [Goldsmith] considered the constitutional excesses of the legal policies embraced by his White House superiors in the war on terror,” Goldsmith will resign in June of 2004 (see June 17, 2004). [New York Times Magazine, 9/9/2007]

Entity Tags: Richard (“Dick”) Cheney, US Department of Justice, Office of Legal Counsel (DOJ), John C. Yoo, Jack Goldsmith, David S. Addington, Alberto R. Gonzales, National Security Agency, Jay S. Bybee, John Ashcroft, Jeffrey Rosen

Timeline Tags: Civil Liberties

A new audiotape thought to contain a message from Osama bin Laden is broadcast by Al Jazeera. On the 31-minute tape the speaker says that the US occupation of Iraq, a “new Crusader campaign against the Islamic world,” is bogged down in the “quagmires of the Tigris and Euphrates” and suffering mounting casualties from guerrillas. He also compares supporters in Iraq to great Muslim warriors of the past and forbids them from working with the Ba’ath party. After describing democracy as “the religion of ignorance,” he addresses the question of Palestine, and attacks the “road map” for peace between Israel and Palestine as well as Palestinian leader Mahmoud Abbas, saying he is similar to Afghani President Hamid Karzai. He highlights US financial losses and budget deficits after 9/11, and would also apparently like to fight in Iraq: “God knows, if I could find a way to get to your battlefields, I would not hesitate.” [Associated Press, 10/19/2003; Laden, 2005, pp. 207-211] He also says, “We reserve the right to respond at the opportune moment and place against all of the countries participating in this unjust war, in particular: Great Britain, Spain, Australia, Poland, Japan, and Italy.” [Irujo, 2005, pp. 257] Bin Laden had not specially threatened Spain in any previous speeches. According to a Spanish investigator, the Madrid al-Qaeda cell hears the speech, notices this, and begins planning an attack in Spain the next day. This will result in the Madrid train bombings only five months later (see 7:37-7:42 a.m., March 11, 2004). [Benjamin and Simon, 2005, pp. 10] However, some evidence suggests the cell was already planning a bombing from about late 2002. [Associated Press, 4/10/2004]

Entity Tags: Osama bin Laden

Timeline Tags: Complete 911 Timeline

A CIA officer known only as “Albert” is reprimanded by the agency for threatening detained al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill. The incidents took place at a CIA black site in Poland in December 2002 or January 2003 (see Between December 28, 2002 and January 1, 2003) and Albert’s actions were approved by his supervisor, “Mike,” who is also reprimanded. [Associated Press, 9/7/2010] The timing of the reprimand is unknown, although it may follow the completion of a report into the matter by the CIA’s inspector general (see October 29, 2003). Both Mike and Albert leave the agency, although Albert will later be rehired as a contractor (see 2003 and Before 2008).

Entity Tags: “Albert”, Central Intelligence Agency, “Mike”

Timeline Tags: Torture of US Captives

Lawyers for accused terrorist Zacarias Moussaoui, battling to force the US government to allow them to depose other accused terrorists as part of their defense (see May 14, 2003), contact Jeff Almeida, the lawyer for the plaintiffs who sought to reopen the 1953 state secrets case US v Reynolds. They ask how his petition for coram nobis—a request for the court to “right a wrong”—went. Almeida tells them that the Court turned the petition down without comment (see June 23, 2003). Moussaoui’s lawyers tell Almeida that the government prosecutors were so reliant on Reynolds that “they had been waving it around the courtroom any chance they got.” Plaintiff Susan Brauner later says that she is glad Moussaoui’s lawyers contacted Almeida, and says she finds their interest “most encouraging.” She will add, “If we eventually walk away with nothing more than one concrete example where the case was of possible use to someone else… then I will believe we have done some good in impacting or at least raising the issue.” [Siegel, 2008, pp. 272-273]

Entity Tags: Zacarias Moussaoui, US Supreme Court, Jeff Almeida, Susan Brauner

Timeline Tags: Civil Liberties

Allekema Lamari.Allekema Lamari. [Source: Spanish Interior Ministry]The Spanish intelligence agency Centro Nacional de Inteligencia (CNI) warns in a report that Barakat Yarkas’s al-Qaeda cell has reconstituted itself (see November 13, 2001) and is planning a new attack in Spain. It specifically warns that Allekema Lamari and Serhane Abdelmajid Fakhet are leading the new effort and are planning an attack on an unknown but significant target. This warning is based on comments Lamari made to his close associates. [Irujo, 2005, pp. 243] The warning is accurate; Lamari and Fakhet will be two of the leaders of the Madrid bombings in March 2004 (see 7:37-7:42 a.m., March 11, 2004). In retrospect, it is not surprising that Spanish intelligence is aware of such a warning, because at least two of the bomb plotters are actually government informants, and one of them is close to Lamari and another is close to Fakhet (see 7:37-7:42 a.m., March 11, 2004). But surprisingly, no action appears to be taken. Neither Fakhet, Lamari, nor any other members of their group are arrested before the bombings. A government informant will later claim under oath as a protected witness that Fakhet also was a government informant (see Shortly After October 2003). Mariano Rayon, head of the CNI, will later say, “We concluded that there was a certain and immediate threat against Spain or Spanish interests abroad.” The threat level was already high, but it was raised to “very high.” [ABC (Spain), 5/3/2007]

Entity Tags: Serhane Abdelmajid Fakhet, Centro Nacional de Inteligencia, Allekema Lamari, Mariano Rayon

Timeline Tags: Complete 911 Timeline

Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, Hussein Mohssein Mata al-Zayiadi, and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] They are repeatedly punched and attacked by Staff Sgt. Ivan L. Frederick, Spc. Charles Graner, and other MPs (see Evening November 7, 2003). The MPs then take out their cameras to take pictures of the seven naked men and begin putting them in humiliating poses, often placing themselves in the picture as well, smiling. Graner makes them climb on top of each other to form a human pyramid, as is reported by Spc. Sabrina Harman. [Washington Post, 5/22/2004; Rolling Stone, 7/28/2004] “They put us two on the bottom, two on top of them, and two on top of those and on top,” Al-Zayiadi will say. [Washington Post, 5/21/2004] “The pyramid lasted about 15 to 20 minutes,” according to Harman. [Washington Post, 5/22/2004] The prisoners are also made to crawl on hands and knees with MPs riding on their backs. [Rolling Stone, 7/28/2004] “They were sitting on our backs like riding animals,” Al-Zayiadi says. Meanwhile, others are taking photographs. [Washington Post, 5/21/2004] Frederick then takes hold of the prisoner whom he has singled out for additional punishment and motions him to masturbate. “I grabbed his arm by the elbow, put it on his genitals and moved it back and forth with an arm motion, and he did it.” [Los Angeles Times, 10/21/2004] He makes another detainee do the same. “I lifted his hood and gave him a hand gesture, telling him to keep doing it himself.” [New York Times, 10/21/2004] Spc. Matthew Wisdom, who complained to his team leader Sgt. Robert Jones earlier in the evening about the treatment of the detainees, returns to Tier 1A to find a naked detainee being forced to masturbate in front of another naked detainee on his knees before him. “I saw two naked detainees,” Wisdom will later recall, “one masturbating to another kneeling with its mouth open. I thought I should just get out of there. I didn’t think it was right.” [New Yorker, 5/10/2004] According to Wisdom, Frederick says to him: “Look what these animals do when we leave them alone for two seconds.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Meanwhile, Pfc. Lynndie England makes sexually suggestive comments “in a somewhat sarcastic, fun tone of voice,” according to Wisdom. [Los Angeles Times, 8/5/2004] “I heard Pfc. England shout out, ‘He’s getting hard.’” [New Yorker, 5/10/2004] Again Wisdom leaves the building to tell Sgt. Jones, who assures him the “problem [will] be addressed and dealt with,” [Los Angeles Times, 8/5/2004] and Wisdom assumes that the problem will be taken care of. [New Yorker, 5/10/2004] Others, meanwhile, are lined up and forced to masturbate. These facts are corroborated by photographs that show the MPs laughing as they look on. [Rolling Stone, 7/28/2004] Al-Zayiadi later identifies himself in one of these pictures. “They told my friend to masturbate and told me to masturbate also, while they were taking pictures,” he says. [Washington Post, 5/21/2004] In the end, Al-Zayiadi says they are tossed naked but still hooded into a cell. “They opened the water in the cell and told us to lay face down in the water and we stayed like that until the morning, in the water, naked, without clothes.” [Washington Post, 5/21/2004] One of the seven prisoners is likely Haydar Sabbar Abed who says he was originally arrested for not carrying his ID card. After being involved in a fight with an Iraqi prison employee in one of the tent camps, he is taken to the Hard Site. He later recalls: “They cut off our clothes and… told us to masturbate towards this female soldier. But we didn’t agree to do it, so they beat us.” He also says: “They made us act like dogs, putting leashes around our necks. They’d whistle and we’d have to bark like dogs. We thought they were going to kill us.” [BBC, 8/4/2004] The next day, Wisdom asks for and is granted a transfer to a job elsewhere in the prison. Although he and Sgt. Jones say they have been angered by the abuse, they do little more than mildly confront their colleagues with their objections. [Los Angeles Times, 8/5/2004] To the detainees, the experience has been harrowing. Al-Yasseri will later call it a “night which we felt like 1,000 nights.” “I was trying to kill myself,” says Al-Zayiadi, “but I didn’t have any way of doing it.” [Rolling Stone, 7/28/2004] Gen. George Fay will also describe these incidents in his report (see August 25, 2004), which he concludes was an the affair of MPs alone. He states that military intelligence “involvement in this abuse has not been alleged nor is it likely.” However, one of the pictures taken that night, depicting the “human pyramid,” is later used as a screen saver for a computer in the Hard Site. The screen saver is later seen by a female military intelligence interrogator, but she states, according to Gen. Fay, that she did not report the picture because she did not see it again. The same interrogator, Fay will report, had a “close personal relationship” with Staff Sgt. Frederick, [US Department of Defense, 8/23/2004 pdf file] one of the main instigators of the abuse that night.

Entity Tags: Javal Davis, Ivan L. Frederick II, Jeremy C. Sivits, Matthew Wisdom, Shannon K. Snider, Hussein Mohssein Mata Al-Zayiadi, Lynndie England, Nori al-Yasseri, Mustafa, Haydar Sabbar Abed, George R. Fay, Haidar, New Yorker, Hashiem, Ahmed, Charles Graner, Ahzem, Sabrina Harman, Robert Jones II

Timeline Tags: Torture of US Captives

Narus logo.Narus logo. [Source: Endace (.com)]Narus, a firm which manufactures telecommunications hardware, co-sponsors a technical conference in McLean, Virginia, titled “Intelligence Support Systems for Lawful Interception and Internet Surveillance.” As AT&T engineer Mark Klein (see July 7, 2009) will later write: “Police officials, FBI and DEA agents, and major telecommunications companies eager to cash in on the ‘war on terror’ had gathered in the hometown of the CIA to discuss their special problems. Among the attendees were AT&T, BellSouth, MCI, Sprint, and Verizon. Narus founder Dr. Ori Cohen gave a keynote speech.” Also speaking at the conference is William Crowley, the former deputy director of the National Security Agency (NSA). Narus is providing some of the key hardware components used in the NSA’s domestic surveillance program (see January 16, 2004). [PBS Frontline, 5/15/2007; Klein, 2009, pp. 39]

Entity Tags: Narus, AT&T, BellSouth, Mark Klein, Ori Cohen, Verizon Wireless, National Security Agency, MCI, Sprint/Nextel, William Crowley

Timeline Tags: Civil Liberties

The new head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith, begins an internal review of the legality of the NSA’s warrantless wiretapping program (see December 15, 2005). The program is kept so secret that only four Justice officials even have access to information about its inner workings, a pattern of poor consultation he will call “the biggest legal mess I have ever encountered” when he testifies to the Senate about the program four years later (see October 2, 2007). Neither Attorney General John Ashcroft nor Justice’s top legal counsel know much about the program. When Goldsmith begins his legal review, the White House initially refuses to brief Deputy Attorney General James Comey about it. Goldsmith later testifies that he cannot find “a legal basis for some aspects of the program.” Upon completing the review, Goldsmith declares the program illegal, with the support of Ashcroft and Comey. However, White House officials are irate at Goldsmith’s findings. [Washington Post, 10/20/2007]

Entity Tags: Alberto R. Gonzales, Bush administration (43), Office of Legal Counsel (DOJ), US Department of Justice, John Ashcroft, James B. Comey Jr., Jack Goldsmith, National Security Agency

Timeline Tags: Civil Liberties

A three-judge panel of the Second US Circuit Court of Appeals in New York votes two to one that the military must either charge alleged al-Qaeda terrorist Jose Padilla with a crime, or release him within 30 days. “The government,” the court says, “can transfer Padilla to appropriate civilian authorities who can bring criminal charges against him.” Until now, no court in the US has ruled against the government’s contention that even American citizens arrested on US soil can be held indefinitely based on wartime government prerogatives. Neither the 2001 Authorization to Use Military Force (see September 14-18, 2001) nor the president’s “inherent power” as commander in chief is enough to hold Padilla without a trial, the court finds: “The president, acting alone, possesses no inherent constitutional authority to detain American citizens seized within the United States, away from a zone of combat, as enemy combatants.” The two judges in the majority are a 1998 Clinton appointee and a 2001 Bush appointee; the dissenter, who advocates granting the president new and sweeping powers, is a 2003 Bush appointee. “So far,” Office of Legal Counsel lawyer John Yoo comments, “the Second Circuit is the only court that has rejected the idea that the war on terrorism is, in fact, a war.” Because this ruling conflicts with the Fourth Circuit’s ruling in favor of the Bush administration, the Supreme Court will be forced to resolve the issue (see June 28, 2004); in light of the appeal, the court later agrees to suspend its 30-day ruling. [Knight Ridder, 12/29/2003; Savage, 2007, pp. 153]

Entity Tags: Jose Padilla, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

To Khalid el-Masri’s astonishingly bad luck, his name closely resembles that of Khalid el-Masri, a man suspected to be involved in the planning of the 9/11 attacks. Born in Lebanon, he is a German citizen, legally living in Germany. On December 31, 2003, he travels by bus from Serbia to Macedonia on his way to Skopje for a weeklong vacation. At the border, Macedonian authorities take him in custody and interrogate him about possible involvement with terrorism. A few hours later, he is taken to a motel on the outskirts of Skopje, accompanied by armed police officers. For the next 23 days, he will be held there by a number of Macedonians, questioned repeatedly and accused of having a fake passport, being an Egyptian national, and having been to a training camp for terrorists in Jalalabad. After about ten days, one interrogator tells him, “[W]e’ll make a deal: you say you are an al-Qaeda member, and sign a paper saying that, and we’ll put you back on a plane and you will be deported to Germany.” El-Masri refuses, “naturally,” he recalls. “It would have been suicide to sign.” The man leaves, but two days later, the same man accuses him of not being cooperative, says he has only himself to blame for his troubles, and that they know everything about him. [Guardian, 1/14/2005]

Entity Tags: Khalid el-Masri

Timeline Tags: Torture of US Captives

The White House and the Justice Department are at odds over the legality of the National Security Agency’s “data mining” program, which involves the NSA combing through enormous electronic databases containing personal information about millions of US citizens, ostensibly for anti-terrorism purposes and often without court warrants (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, and Early 2002). Such data mining by the NSA potentially threatens citizens’ constitutional right to privacy. This clash between the White House and the Justice Department is one of the reasons that White House counsel Alberto Gonzales and chief of staff Andrew Card will try to pressure Attorney General John Ashcroft, while Ashcroft is recuperating from surgery, to reauthorize the NSA program over the objections of Deputy Attorney General James Comey. That attempt to force reauthorization over Justice Department complaints will result in the protest resignations of Ashcroft, Comey, and other Justice officials (see March 10-12, 2004). In 2007, Gonzales will deny that any such attempt to pressure Ashcroft to overrule Comey ever happened (see July 24, 2007), and will deny that there was any such dispute between the White House and Justice Department over the NSA program. Those denials will lead to calls to investigate Gonzales for perjury (see May 16, 2007). In late 2005, President Bush will admit, after the New York Times reveals the existence of the NSA warrantless wiretapping program (see Early 2002), that the program indeed exists, but will not acknowledge the data mining. Several current and former administration officials, interviewed by reporters in 2007, refuse to go into detail about the dispute between the White House and Justice Department, but say that it involves other issues along with the data mining. They will also refuse to explain what modifications to the surveillance program Bush will authorize to mollify Justice Department officials. Bush and his officials, including Gonzales, who will ascend to the position of attorney general in 2005, will repeatedly insist that he has the authority, both under the Constitution and under Congress’s authorization to use military force against terrorists passed after the 9/11 attacks (see September 14-18, 2001), to bypass the requirements for court warrants to monitor US citizens. Critics will say that such surveillance is illegal under the Foreign Intelligence Surveillance Act. [New York Times, 7/29/2007]
Domestic Surveillance Began Before 9/11? - 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, July 2001, and Early 2002).

Entity Tags: US Department of Justice, National Security Agency, New York Times, James B. Comey Jr., Alberto R. Gonzales, Andrew Card, Bush administration (43), George W. Bush, John Ashcroft

Timeline Tags: Civil Liberties

The 9/11 Commission first learns that the US had a program to assassinate Osama bin Laden before 9/11 (see December 24, 1998). The program, which is disclosed to the commission’s staff by former National Security Adviser Sandy Berger, was a response to the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The commission was not previously aware of the order and when Berger tells them about it they are confused, because the CIA has been telling them there was no such order for months. When the commission tells Berger what the CIA has said, he assures them that there is an explicit document, a memorandum of notification concerning Afghanistan, that gives the CIA the authority to kill bin Laden, not just capture him. It is unclear why CIA managers repeatedly told the commission there was no such order (see Before January 14, 2004). [Shenon, 2008, pp. 253-254]

Entity Tags: 9/11 Commission, Sandy Berger

Timeline Tags: Complete 911 Timeline

A sample page from Mark Klein’s AT&T documentation.A sample page from Mark Klein’s AT&T documentation. [Source: Mark Klein / Seattle Times]Senior AT&T technician Mark Klein (see July 7, 2009), gravely concerned by the National Security Agency (NSA) spying operation going on in AT&T’s San Francisco facility (see October 2003) and now in possession of documents which prove the nature and scope of the telecommunications surveillance activities (see Fall 2003 and Late 2003), writes a memo summarizing his findings and conclusions. He appends eight pages of the unclassified documents he has in his possession, along with two photographs and some material from the Internet which documents the sophisticated surveillance equipment being used to gather data from AT&T’s electronic transmissions. The NSA and AT&T were, he later says, “basically sweeping up, vacuum-cleaning the Internet through all the data, sweeping it all into this secret room.… It’s the sort of thing that very intrusive, repressive governments would do, finding out about everybody’s personal data without a warrant. I knew right away that this was illegal and unconstitutional, and yet they were doing it.… I think I’m looking at something Orwellian. It’s a government, many-tentacled operation to gather daily information on what everybody in the country is doing. Your daily transactions on the Internet can be monitored with this kind of system, not just your Web surfing. All kinds of business that people do on the Internet these days—your bank transactions, your email, everything—it sort of opens a window into your entire private life, and that’s why I thought of the term ‘Orwellian.’ As you know, in [George] Orwell’s story [1984], they have cameras in your house, watching you. Well, this is the next best thing.… So I was not only angry about it; I was also scared, because I knew this authorization came from very high up—not only high up in AT&T, but high up in the government. So I was in a bit of a quandary as to what to do about it, but I thought this should be halted.”
Gathering 'the Entire Data Stream' - In his memo, Klein concludes that the NSA is using “splitter” equipment to copy “the entire data stream [emphasis in the original] and sent it to the [NSA’s] secret room for further analysis.” Klein writes that the splitters actually “split off a percentage of the light signal [from the fiber optic circuits] so it can be examined. This is the purpose of the special cabinet… circuits are connected into it, the light signal is split into two signals, one of which is diverted to the ‘secret room.’ The cabinet is totally unnecessary for the circuit to perform—in fact, it introduces problems since the signal level is reduced by the splitter—its only purpose is to enable a third party [the NSA] to examine the data flowing between sender and recipient on the Internet.” (Emphasis in the original.) In his book, Klein will explain that “each separate signal,” after being split, “contains all the information, nothing is lost, so in effect the entire data stream has been copied.” He will continue: “What screams out at you when examining this physical arrangement is that the NSA was vacuuming up everything flowing in the Internet stream: email, Web browsing, voice-over-Internet phone calls, pictures, streaming video, you name it. The splitter has no intelligence at all, it just makes a blind copy.” Klein later explains to a reporter: “The signals that go across fiber optics are laser light signals. It’s light basically that runs through a fiber optic, which is a clear glass fiber, and it has to be at a certain level for the routers to see the light and interpret the data correctly. If the light gets too low, just as if you get a weak flashlight with bad batteries, at a certain point it doesn’t work. If the light level drops too low, the router starts dropping bits and getting errors, and eventually you get loss of signal, and it just doesn’t work at all.… The effect of the splitter is to reduce the strength of the signal, and that may or may not cause a problem, depending on how much the signal is reduced.” A telecommunications company would not, as a rule, use such a splitter on its backbone Internet traffic because of the risk of degraded signal quality. “You want to have as few connections on your main data lines as possible,” Klein will say, “because each connection reduces the signal strength, and a splitter is a connection, and if you can avoid that, all the better.”
Inherently Illegal - Klein will explain that there is no way these activities are legal: “There could not possibly be a legal warrant for this, since according to the Fourth Amendment, warrants have to be specific, ‘particularly describing the place to be searched and the persons or things to be seized.’ It was also a blatant violation of the 1978 Foreign Intelligence Surveillance Act [FISA—see 1978], which calls for specific warrants as required by the Fourth Amendment. This was a massive blind copying of the communications of millions of people, foreign and domestic, randomly mixed together. From a legal standpoint, it does not matter what they claim to throw away later in their secret rooms, the violation has already occurred at the splitter.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; PBS Frontline, 5/15/2007; Klein, 2009, pp. 37, 119-133]
The Narus STA 6400 - Klein discusses one key piece of equipment in the NSA’s secret room, the Narus STA 6400 (see Late 2003). Narus is a firm that routinely sells its equipment not only to telecom firms such as AT&T, “but also to police, military, and intelligence officials” (see November 13-14, 2003). Quoting an April 2000 article in Telecommunications magazine, Klein writes that the STA 6400 is a group of signal “traffic analyzers that collect network and customer usage information in real time directly from the message.… These analyzers sit on the message pipe into the ISP [Internet Service Provider] cloud rather than tap into each router or ISP device.” Klein quotes a 1999 Narus press release that says its Semantic Traffic Analysis (STA) technology “captures comprehensive customer usage data… and transforms it into actionable information… [it] is the only technology that provides complete visibility for all Internet applications.” The Narus hardware allows the NSA “to look at the content of every data packet going by, not just the addressing information,” Klein will later write.
A 'Dream Machine for a Police State' - Klein later writes of the Narus STA 6400: “It is the dream machine of a police state, one that even George Orwell could not imagine. Not only does it enable the government to see what millions of people are saying and doing every day, but it can build up a database which reveals the connections among social groups—who’s calling and emailing whom. Such a device can easily be turned against all dissident protest groups, and even the Democratic and Republican parties, with devastating effect. And it’s in the hands of the executive power, in total secrecy.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; Klein, 2009, pp. 37-40] In support of the memo and an ensuing lawsuit against AT&T (see January 31, 2006), Klein will later write: “Despite what we are hearing, and considering the public track record of this administration, I simply do not believe their claims that the NSA’s spying program is really limited to foreign communications or is otherwise consistent with the NSA’s charter or with FISA. And unlike the controversy over targeted wiretaps of individuals’ phone calls, this potential spying appears to be applied wholesale to all sorts of Internet communications of countless citizens.” [Wired News, 4/7/2006]

Entity Tags: National Security Agency, Narus, Mark Klein, Foreign Intelligence Surveillance Act, AT&T

Timeline Tags: Civil Liberties

Following the arrest of German national Khalid el-Masri in Macedonia (see December 31, 2003-January 23, 2004), a dispute breaks out at CIA headquarters over what to do with him. Alfreda Frances Bikowsky, a manager at Alec Station, the CIA’s bin Laden unit, argues that el-Masri should be rendered to Afghanistan. Author Jane Mayer will describe Bikowsky as a “tall, pale-skinned, spiky-haired redhead who wore bright red lipstick” and indicate she is a former Soviet analyst who had been at Alec Station during the pre-9/11 failures. Mayer will add that she “was particularly controversial among many of her male colleagues for her ferociousness,” and, that she was “reviled by some male colleagues for what they regarded as her aggression.” Lacking proof against el-Masri, Bikowsky argues that the man in custody is probably a terrorist and should be taken to a black site. [Mayer, 2008, pp. 35, 273, 282-283] A former CIA officer will say: “She didn’t really know. She just had a hunch.” [Washington Post, 12/4/2005] Mayer will attribute Bikowsky’s determination to having been part of the unit when it failed before 9/11. Other officers suggest they should wait to see whether el-Masri’s passport, suspected of being a forgery, is genuine or not, and point out there is no evidence he was anything but a tourist on holiday when he was arrested. However, Bikowsky does not trust the Germans, apparently thinking them soft on terrorism, and does not want to wait. Another problem is that these discussions occur during the holiday period and, by the time the CIA’s station in Germany looks at the paperwork, el-Masri is already on his way to Afghanistan (see January 23 - March 2004). [Mayer, 2008, pp. 282-283] Bikowsky will also make a sight-seeing trip to see alleged 9/11 mastermind Khalid Shaikh Mohammed waterboarded (see After March 7, 2003), will be considered for the position of deputy station chief in Baghdad (see (March 23, 2007)), and may be interviewed by the CIA’s inspector general during its investigation into torture (see July 16, 2003).

Entity Tags: Khalid el-Masri, Central Intelligence Agency, Alec Station, Alfreda Frances Bikowsky

Timeline Tags: Torture of US Captives

Khalid el-Masri.Khalid el-Masri. [Source: Reuters]In Macedonia, Khalid el-Masri is told he is free to return to Germany. His guards videotape him as evidence that he is in good health when he leaves their country. El-Masri steps out the door of the motel where he has been held, and walks a few meters, when a pick-up truck pulls up next to him. Several men pull him inside, handcuff him, and put a hood over his head. The truck appears to be driving towards the airport. [New York Times, 1/9/2005; Guardian, 1/14/2005] He hears the sounds of a plane, and the voice of one of his Macedonian minders saying he will receive a medical examination. [Guardian, 1/14/2005] He is then taken into a building. [New York Times, 1/9/2005] “I heard the door being closed,” he recalls. “And then they beat me from all sides, from everywhere, with hands and feet. With knives or scissors they took away my clothes. In silence. The beating, I think, was just to humiliate me, to hurt me, to make me afraid, to make me silent. They stripped me naked. I was terrified. They tried to take off my pants. I tried to stop them so they beat me again. And when I was naked I heard a camera.” He is then rectally examined by force. [Guardian, 1/14/2005] “After I was naked they took off my mask so I could see, and all the people were in black clothes and black masks. There were seven or eight people.” El-Masri is then dressed in a blue warm-up suit, and his hands are cuffed and tied to a belt; his feet shackled. Plugs are put in his ears and he is blindfolded. Next, they put him on a plane and force him to lie on the floor, while someone injects him with a drug that makes him fall asleep. [New York Times, 1/9/2005] But he vaguely notices the plane taking off. He receives a second injection during the flight. When he awakes, the plane has landed and he finds himself driven in the boot of car. Taken inside a building, he is thrown into the wall and onto to the floor of a small room that is to become his cell for the next five months. His head and back are stepped upon, while his chains are removed. [Guardian, 1/14/2005] “Everything was dirty, a dirty blanket, dirty water, like from a fish aquarium.” Guards and fellow prisoners will later tell him he is in Kabul, Afghanistan. [New York Times, 1/9/2005] On the first evening of his captivity in Afghanistan, El-Masri receives a visit from a masked man, he assumes is a doctor, who takes a blood sample and appears to be an American. Accompanying guards repeatedly punch El-Masri in the head and neck. El-Masri says he nevertheless has the nerve to ask the American for fresh water. “And he said: ‘It’s not our problem, it’s a problem of the Afghan people.’” [Guardian, 1/14/2005] He is also forced to run up and down a stairs while his hands are tied behind his back. The next morning, an interrogator shouts at him: “Where you are right now, there is no law, no rights; no one knows you are here, and no one cares about you.” [New York Times, 1/9/2005] Perhaps the same interrogator says, while seven or eight men with black masks watched silently, “Do you know where you are?” El-Masri answers: “Yes, I know. I’m in Kabul.” The interrogator replies: “It’s a country without laws. And nobody knows that you are here. Do you know what this means?” [Guardian, 1/14/2005] He discovers the identity of some of the other prisoners. There are two Pakistani brothers, who have Saudi citizenship, a man from Tanzania, who has been detained for several months, a Pakistani who has been there for nearly two years, a Yemeni, and a number of Afghans. [New York Times, 1/9/2005; Guardian, 1/14/2005] Comparing his situation to that of the others, El-Masri concludes: “It was a crime, it was humiliating, and it was inhuman, although I think that in Afghanistan I was treated better than the other prisoners. Somebody in the prison told me that before I came somebody died under torture.” The identity of his interrogators remains a secret, though after about a month, he is visited by two unmasked Americans. One, referred to by the prisoners as “the Doctor,” is tall, pale, in his 60s and has long grey hair. The other, named “the Boss,” has red hair and blue eyes and wears glasses. [Guardian, 1/14/2005] In the meantime, el-Masri’s wife, Aisha, completely unaware of her husband’s whereabouts, begins to think he has gone to marry another woman. Together with their children, she moves to Lebanon. [New York Times, 1/9/2005]

Entity Tags: Khalid el-Masri

Timeline Tags: Torture of US Captives, War in Afghanistan

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

Entity Tags: George W. Bush, Democratic Party, Dennis Hastert, Clarence Thomas, Antonin Scalia, Tom DeLay, Robert Kuttner, William Jefferson (“Bill”) Clinton, Republican Party, John Ashcroft, Richard (“Dick”) Cheney, House Republican Whip Organization, James C. (‘Jim’) Wright, Jr., John Dean, Newt Gingrich, Help America Vote Act

Timeline Tags: Civil Liberties

Spanish judge Baltasar Garzon renews permission to wiretap the phones of Serhane Abdelmajid Fakhet, considered to be one of about three masterminds of the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) that will occur one month later. Interestingly, in the application for renewal, Fakhet is linked to the Casablanca bombings of May 2003 (see May 16, 2003). His brother-in-law Mustapha Maymouni was arrested in Morocco and is being imprisoned there for a role in the bombings at this time (see Late May-June 19, 2003). Fakhet is also linked in the application to Zouhaier ben Mohamed Nagaaoui, a Tunisian believed to be on the Spanish island of Ibiza and preparing for a suicide attack on a ship, following instructions from al-Qaeda. Nagaaoui is also said to be linked to the Casablanca bombings. Further, he has links to a number of Islamist militant groups and had undergone weapons and explosives training. [El Mundo (Madrid), 7/30/2005] Around the same time, Garzon also renews the wiretapping of some other Madrid bombers such as Jamal Zougam. [El Mundo (Madrid), 9/28/2004] It is not known what later becomes of Nagaaoui.

Entity Tags: Serhane Abdelmajid Fakhet, Baltasar Garzon, Mustapha Maymouni, Zouhaier ben Mohamed Nagaaoui, Jamal Zougam

Timeline Tags: Complete 911 Timeline

The US learns that Ibn al-Shaykh al-Libi, a former al-Qaeda camp commander, was allegedly tortured in Egypt, where he was rendered by the CIA (see January 2002 and After). Although CIA Director George Tenet will describe al-Libi’s handling by the Egyptians as “further debriefing,” after being returned to US custody, al-Libi tells CIA officers he was tortured and these claims are documented in a series of cables sent to CIA headquarters on February 4 and 5. These cables are the final proof, many believe, that the US is illegally “outsourcing” torture to other countries, against suspects who have not been convicted or even charged with a crime. After being tortured by his Egyptian captors (see November 11, 2001), al-Libi was returned to US custody on November 22, 2003. The February 5 cable reads, in part, that al-Libi was told by the Egyptians that “the next topic was al-Qaeda’s connections with Iraq…. This was a subject about which he said he knew nothing and had difficulty even coming up with a story.” The Egyptians didn’t like al-Libi’s response, and locked him in a 20 inch by 20 inch box for 17 hours—effectively burying him alive. The Egyptians released him and gave him one more change to “tell the truth.” When al-Libi did not give the proper response, he was knocked to the ground and beaten. The CIA debriefers send this information straight to Washington (see February 14, 2004), thus informing the CIA that not only was this key piece of evidence about the link between Iraq and al-Qaeda false, but it was obtained by extreme, US-sanctioned torture. Although stories and witness accounts about torture in such US-allied countries as Egypt, Syria, Morocco, and Uzbekistan have long been known, this is the first time such torture has been detailed in an official US government document. It will be almost a year before the Bush administration will confirm the CIA’s rendition program (see March 11, 2002), and even then it will begin a litany of reassurances that the US does not torture, nor does it hand over prisoners to countries that torture. The CIA cables will be declassified in September 2006, and roundly ignored by the mainstream media. And as of late 2007, al-Libi will still be a “ghost prisoner” whose whereabouts and circumstances are considered a US state secret. [ABC News, 11/6/2007]

Entity Tags: Colin Powell, Ibn al-Shaykh al-Libi, Central Intelligence Agency, Al-Qaeda, George J. Tenet

Timeline Tags: Torture of US Captives

Sibel Edmonds testifies before the 9/11 Commission in a specially constructed “bug-proof” secure room for three and a half hours, describing in detail problems she witnessed while working as an FBI linguist (see, e.g., September 20, 2001 and After, (After September 14, 2001-October 2001), Early October 2001, (Late October 2001), (November 2001), and December 2, 2001). A month later, she tells the Independent: “I gave [the commission] details of specific investigation files, the specific dates, specific target information, specific managers in charge of the investigation. I gave them everything so that they could go back and follow up. This is not hearsay. These are things that are documented. These things can be established very easily.… There was general information about the time-frame, about methods to be used but not specifically about how they would be used and about people being in place and who was ordering these sorts of terror attacks. There were other cities that were mentioned. Major cities with skyscrapers (see April 2001).” [Independent, 4/2/2004] In its final report (see July 22, 2004), the 9/11 Commission will make no mention of the problems Edmonds witnessed with the FBI’s translation unit, save for a single footnote. [9/11 Commission, 7/24/2004, pp. 222; Edmonds, 8/1/2004] One month earlier, a reporter had asked one of the Democratic commissioners about the Edmonds case, and he replied, “It sounds like it’s too deep in the weeds for us to consider, we’re looking at broader issues.” [New York Observer, 1/22/2004]

Entity Tags: 9/11 Commission, Sibel Edmonds

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA sends a memo to top Bush administration officials informing them that Ibn al-Shaykh al-Libi, an al-Qaeda operative being held in custody by the CIA, recanted his claim in January that Iraq provided training in poisons and gases to members of al-Qaeda (see September 2002). [New York Times, 7/31/2004; Newsweek, 7/5/2005; Washington Post, 11/6/2005] The claim had been used in speeches by both President George Bush (see October 7, 2002) and Secretary of State Colin Powell (see February 5, 2003).

Entity Tags: White House, Ibn al-Shaykh al-Libi, Colin Powell, George W. Bush, Central Intelligence Agency

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

Jamal Ahmidan is a member of the Islamist militant cell who has arranged to buy the explosives for the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). He is also a drug dealer, and is purchasing the explosives from Emilio Suarez Trashorras and some others who are generally both drug dealers and government informants. His phone is being monitored by Spanish intelligence. On February 28, he calls Othman El Gnaoui, another member of the militant cell, and says that he will need a van to transport something. The next day, Ahmidan is in the Spanish region of Asturias to help pick up the over 100 kilograms of explosives used in the bombings. He drives a stolen white Toyota Corolla and travels with a Renault Kangoo van and a Volkswagen Golf. Trashorras and Mohammed Oulad Akcha (another member of the militant cell) drive the other vehicles. The three vehicles drive the explosives to Madrid in what will later be popularly dubbed the “caravan of death.” Ahmidan makes about 15 calls on his monitored phone during the several hour journey, many of them to El Gnaoui. While he does not explicitly talk on the phone about moving explosives, he does make clear to El Gnaoui that he and two other vehicles are moving something to Madrid. He is stopped for speeding along the way by police, but the trunk of his car is not checked. He gives the police officer a false identification. [El Mundo (Madrid), 8/23/2004]

Entity Tags: Othman El Gnaoui, Jamal Ahmidan, Emilio Suarez Trashorras, Mohammed Oulad Akcha

Timeline Tags: Complete 911 Timeline

Thomas Tamm.Thomas Tamm. [Source: Newsweek]Thomas Tamm, a veteran Justice Department prosecutor with a high-level security clearance, is finishing up a yearlong post with the Office of Intelligence Policy and Review (OIPR), a Justice Department unit handling wiretaps of suspected terrorists and spies. As his stint is coming to a close, Tamm learns of the existence of a highly classified National Security Agency (NSA) program that is electronically eavesdropping on American citizens—domestic wiretapping. He later learns that “the program,” as it is referred to by those few who know of it at all, is called “Stellar Wind.”
Concealment from FISA Judges - Tamm learns that the NSA program is being hidden from the Foreign Intelligence Surveillance Act (FISA) Court, a panel of federal judges who by law must approve and supervise such surveillance for intelligence purposes. OIPR lawyers ask the FISA Court for permission to implement national-security wiretaps. But, Tamm learns, some wiretaps—signed only by Attorney General John Ashcroft—are going to the chief FISA Court judge and not the other ten judges on the FISA panel. The “AG-only” requests are extraordinarily secretive, and involve information gleaned from what is only referred to as “the program”—Stellar Wind. Only a very few White House and US intelligence officials know the name and the nature of “the program.” Stellar Wind involves domestic wiretaps on telephones and computer e-mail accounts derived from, but not necessarily linked to, information secured from captured al-Qaeda computers and cell phones overseas. With the voluntary cooperation of American telecommunications companies (see 1997-August 2007 and After, February 2001, February 2001, and February 2001 and Beyond), the NSA program also collects vast amounts of personal data about US citizens’ phone and e-mail communications. The program also collects an enormous amount of financial information from the Treasury Department (see February 28, 2006), all collected as part of the NSA’s “data mining” efforts (see Late 1999 and After September 11, 2001).
Program Is 'Probably Illegal,' Says DOJ Official - Tamm, suspicious about the unusual requests, asks his supervisors about the program, and is told to drop the subject. “[N]o one wanted to talk about it,” he will recall. Tamm asks one of his supervisors, Lisa Farabee, “Do you know what the program is?” Farabee replies: “Don’t even go there.… I assume what they are doing is illegal.” Tamm is horrified. His first thought, he will later recall, is, “I’m a law enforcement officer and I’m participating in something that is illegal?” Tamm soon finds out from deputy OIPR counsel Mark Bradley that the chief FISA judge, Colleen Kollar-Kotelly, is raising unwanted questions about the warrant requests (see 2004 and 2005), and “the AG-only cases are being shut down.” Bradley adds, “This may be [a time] the attorney general gets indicted.”
Request for Guidance Turned Down - For weeks, Tamm agonizes over what to do. He seeks guidance from a former colleague, Sandra Wilkinson, who now works on the Senate Judiciary Committee. The two have coffee in the Senate cafeteria, and Tamm asks Wilkinson to ask if anyone on the committee knows anything about “the program.” Weeks go by without a response, and Tamm sends Wilkinson an e-mail from his OIPR computer—an e-mail that will later alert the FBI to Tamm’s interest in Stellar Wind. During a second conversation, Wilkinson refuses to give Tamm any information. “Well, you know, then,” he replies, “I think my only option is to go to the press.”
Contacting the New York Times - Tamm finally decides to contact the New York Times’s Eric Lichtblau, who has written several stories on the Justice Department that impressed Tamm. By this point he has transferred out of OIPR and back into a Justice Department office that would allow him to return to the courtroom. Tamm calls Lichtblau from a pay phone near the US District Courthouse in Washington. “My whole body was shaking,” he will recall. He identifies himself only as “Mark” (his middle name), and arranges to meet Lichtblau at a bookstore near the Justice Department. (In his 2008 book Bush’s Law: The Remaking of American Justice, Lichtblau describes Tamm as “a walk-in” source who was “agitated about something going on in the intelligence community.” Lichtblau will describe Tamm as wary and “maddeningly vague,” but as they continue to meet—usually in bookstores and coffee shops in the Capitol District—Tamm’s “credibility and his bona fides became clear and his angst appears sincere. Eighteen months later, after finally overriding a request and warning from President Bush not to print the story (see December 6, 2005), the Times reports on the existence of the NSA program (see December 15, 2005). [Ars Technica, 12/16/2008; Newsweek, 12/22/2008]

Entity Tags: Mark Bradley, Federal Bureau of Investigation, Eric Lichtblau, Colleen Kollar-Kotelly, Bush administration (43), ’Stellar Wind’, Foreign Intelligence Surveillance Court, Lisa Farabee, Senate Judiciary Committee, Thomas Tamm, Sandra Wilkinson, Office of Intelligence Policy and Review, New York Times, US Department of the Treasury, National Security Agency, US Department of Justice, John Ashcroft

Timeline Tags: Civil Liberties

Lawyers meet with accused al-Qaeda terrorist Jose Padilla (see September-October 2000 and May 8, 2002) for the first time. [Associated Press, 6/2004]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

Chuck Rosenberg.Chuck Rosenberg. [Source: Associated Press / Charles Dharapak]Vice President Dick Cheney challenges objections to the White House’s secret, warrantless surveillance program (see Early 2002) by Justice Department officials. Cheney makes his objections during a meeting attended by high-level White House and Justice Department officials, but this does not come to light until a 2007 testimony by Deputy Attorney General James Comey (see May 15, 2007). [Washington Post, 6/7/2007] (Comey will step down from his post in mid-2005.) [Law.com, 4/21/2005] The White House meetings take place one day before White House officials journey to Attorney General John Ashcroft’s hospital room to try to force Ashcroft to give his approval for the NSA-managed surveillance program (see March 10-12, 2004). Ashcroft will refuse to give his approval. Cheney’s key role in leading what the Washington Post calls “a fierce internal battle over the legality of the warrantless surveillance program” is not known until Comey’s 2007 testimony. The White House meeting, held to discuss Justice Department objections to the NSA program, is attended by Cheney, White House counsel and future attorney general Alberto Gonzales, Cheney’s chief counsel David Addington, and others. Comey will testify that at the time, eight Justice Department officials are prepared to resign if the White House doesn’t back down on forcing the department to sign off on the program. Those officials include FBI director Robert Mueller, US attorney Chuck Rosenberg of the northern Virginia district, and Office of Legal Counsel head Jack Goldsmith. [Washington Post, 6/7/2007]

Entity Tags: Washington Post, US Department of Justice, Robert S. Mueller III, John Ashcroft, Alberto R. Gonzales, Chuck Rosenberg, David S. Addington, Richard (“Dick”) Cheney, James B. Comey Jr., Jack Goldsmith

Timeline Tags: Civil Liberties

Attorney General John Ashcroft is visited by a squad of top White House and Justice Department officials just hours after Ashcroft underwent emergency surgery for severe, acute pancreatis, and is still recuperating in intensive care. The White House officials attempt to persuade the barely lucid Ashcroft to give his formal approval for the secret National Security Agency warrantless wiretapping surveillance program (see Early 2002), which requires the Justice Department to periodically review and approve it. [National Public Radio, 5/15/2007; Washington Post, 5/16/2007; Washington Post, 6/7/2007; Associated Press, 6/7/2007]
Comey, Goldsmith Rush to Head Off Aides - Deputy Attorney General James Comey testifies to the incident before the Senate Judiciary Committee over three years later (see May 15, 2007). Comey will recall that he and Ashcroft had decided not to recertify the surveillance program due to their concerns over its legality and its lack of oversight. On March 9, Ashcroft was rushed to the hospital with severe pancreatis. As per Justice Department procedures, Comey became acting attorney general for the duration of Ashcroft’s incapacity. The next night, just hours after Ashcroft underwent emergency surgery for the removal of his gallbladder, Comey receives an urgent phone call from Ashcroft’s aide, David Ayres, who himself has just spoken with Ashcroft’s wife Janet. Ayres tells Comey that White House counsel Alberto Gonzales and White House chief of staff Andrew Card are en route to Ashcroft’s hospital room to pressure Ashcroft to sign off on the program recertification. A furious Comey telephones FBI director Robert Mueller, and the two, accompanied by aides, race separately through the Washington, DC streets with sirens wailing to reach Ashcroft’s hospital room; they beat Gonzales and Card to the room by a matter of minutes. “I was concerned that, given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that,” Comey will testify, and will add that to him, Ashcroft appears “pretty bad off.” En route, Mueller instructs the security detail protecting Ashcroft not to allow Card or Gonzales to eject Comey from the hospital room. Card and Gonzales enter just minutes later. [Washington Post, 5/16/2007; PBS, 5/16/2007] “And it was only a matter of minutes that the door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card,” Comey will testify. “They came over and stood by the bed, greeted the attorney general very briefly, and then Mr. Gonzales began to discuss why they were there—to seek his approval for a matter.” [National Public Radio, 5/15/2007] Gonzales is holding an envelope containing an executive order from Bush. He tells Ashcroft that he needs to sign off on the order, thereby giving the wiretapping program Justice Department authorization to continue unabated. Comey will testify that Ashcroft “lifted his head off the pillow and in very strong terms expressed his view of the matter, rich in both substance and fact, which stunned me. [Ashcroft then adds] ‘But that doesn’t matter, because I’m not the attorney general. There is the attorney general,’” pointing at Comey. Gonzales and Card leave the room without ever acknowledging Comey’s presence. “I was angry,” Comey will recall. “I thought I just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me.” [Washington Post, 5/16/2007; Washington Post, 6/7/2007] “That night was probably the most difficult night of my professional life, so it’s not something I forget,” Comey will testify. [PBS, 5/16/2007] Goldsmith is also in the room; like Comey, Goldsmith receives a phone call alerting him to Gonzales’s and Card’s visit, and like Comey, Goldsmith races through the Washington streets to arrive at Ashcroft’s room minutes before Gonzales and Card arrive. He, too, is astonished at the brazen, callous approach taken by the two White House officials against Ashcroft, who he describes as laying in his darkened hospital room, with a bright light shining on him and tubes and wires protruding from his body. “Ashcroft, who looked like he was near death, sort of puffed up his chest,” Goldsmith later recalls. “All of a sudden, energy and color came into his face, and he said that he didn’t appreciate them coming to visit him under those circumstances, that he had concerns about the matter they were asking about and that, in any event, he wasn’t the attorney general at the moment; Jim Comey was. He actually gave a two-minute speech, and I was sure at the end of it he was going to die. It was the most amazing scene I’ve ever witnessed.” As Gonzales and Card leave the room, Goldsmith will recall, “Mrs. Ashcroft, who obviously couldn’t believe what she saw happening to her sick husband, looked at Gonzales and Card as they walked out of the room and stuck her tongue out at them. She had no idea what we were discussing, but this sweet-looking woman sticking out her tongue was the ultimate expression of disapproval. It captured the feeling in the room perfectly.” [New York Times Magazine, 9/9/2007] After Gonzales and Card leave the room, Comey asks Mueller to instruct the security detail not to let any more visitors into the room, except for family, without Mueller’s approval, apparently in order to keep Gonzales and Card from attempting to return. [US Department of Justice, 8/14/2007]
Cheney or Bush Behind Visit? - The hospital visit is sparked by at least two events: a meeting of White House officials a day earlier, where Vice President Dick Cheney attempted to push reluctant Justice Department officials to approve the surveillance program (see March 9, 2004), and Comey’s own refusal to certify the legality of the surveillance, as noted above. [Washington Post, 6/7/2007] Some believe that the timing of the incident shows that Cheney is the one who ordered Gonzales and Card to go to Ashcroft’s hospital room; Comey personally informed Cheney of his decision not to give his approval to the program. Speculation about Cheney’s ordering of the visit cannot be confirmed, [National Journal, 7/7/2007; National Journal, 8/16/2007] though the New York Times states flatly in an op-ed that “Vice President Dick Cheney sent Mr. Gonzales and [Card] to Mr. Ashcroft’s hospital room to get him to approve the wiretapping.” [New York Times, 7/29/2007] Three years later, Goldsmith will tell Congress that he believes Bush himself authorized the visit (see October 2, 2007).
Meeting in the White House - Minutes after the incident in Ashcroft’s hospital room, Card orders Comey to appear at a late-night meeting at the White House; Comey refuses to go alone, and pulls Solicitor General Theodore Olson from a dinner party to act as a witness to the meeting. “Mr. Card was very upset and demanded that I come to the White House immediately. After the conduct I had just witnessed, I would not meet with him without a witness present,” Comey will testify. “[Card] replied, ‘What conduct? We were just there to wish him well.’ And I said again, ‘After what I just witnessed, I will not meet with you without a witness. And I intend that witness to be the solicitor general of the United States.’” On March 11, after an al-Qaeda bombing in Madrid kills over 200 people (see 7:37-7:42 a.m., March 11, 2004, Bush recertifies the program without the approval of the Justice Department. Comey responds by drafting a letter of resignation, effective March 12. “I couldn’t stay if the administration was going to engage in conduct that the Department of Justice had said had no legal basis,” he will testify. “I just simply couldn’t stay.” Comey is not the only one threatening to resign; he is joined by Ashcroft, Mueller, Ayres, Goldsmith, Justice Department official Patrick Philbin, and others, who all intend to resign en masse if Bush signs off on the surveillance program without Justice Department support. But Ayres persuades Comey to delay his resignation; in Comey’s words, Ayres “asked me something that meant a great deal to him, and that is that I not resign until Mr. Ashcroft was well enough to resign with me.” Instead of resigning on March 12, Bush meets separately with Comey and Mueller, and promises to make changes in the program (see March 12-Mid-2004). Those changes have never been disclosed, though some changes are later found to be the creation of a secret review court to oversee the surveillance court, and the clarification of what exactly constitutes “probable cause” for surveillance. Comey will testify,…“Director Mueller came to me and said that, ‘The president told me that the Department of Justice should get this where it wants to be—to do what the department thinks is right.’ And I took that mandate and set about to do that, and I accomplished that.” [Newsweek, 1/9/2006; National Public Radio, 5/15/2007; New York Times, 5/15/2007; Washington Post, 5/16/2007; PBS, 5/16/2007; Associated Press, 6/7/2007] Goldsmith recalls his surprise when Congress later approves the program and brings it somewhat under the supervision of the FISA court. “I was sure the government was going to melt down,” Goldsmith says in 2007. “No one anticipated they were going to reverse themselves.” [New York Times Magazine, 9/9/2007]
Did Gonzales Break the Law? - It is also possible that Gonzales and Card may have broken the law in discussing classified information in a public venue. “Executive branch rules require sensitive classified information to be discussed in specialized facilities that are designed to guard against the possibility that officials are being targeted for surveillance outside of the workplace,” says law professor Neal Katyal, a national security adviser under Bill Clinton. “The hospital room of a cabinet official is exactly the type of target ripe for surveillance by a foreign power. And the NSA program is particularly sensitive. One government official familiar with the program notes, “Since it’s that program, it may involve cryptographic information,” some of the most highly protected information in the intelligence community. The law governing disclosure of classified information is quite strict, and numerous government and military officials have been investigated for potential violations in the past. “It’s the one you worry about,” says the government official. Katyal says that if Gonzales did indeed break the law, the Justice Department cannot run any investigation into the matter: “The fact that you have a potential case against the Attorney General himself calls for the most scrupulous and independent of investigations.” Many others are dismayed and confused by the contradictions between the absolute secrecy surrounding the program, and Gonzales’s and Card’s willingness to openly discuss it in such an insecure location, and in front of witnesses not cleared to hear details about the program—including Ashcroft’s wife, who is present in the room while the officials seek her husband’s signature. Former NSA general counsel Elizabeth Parker says not enough is known about the meeting to be sure whether or not the law was broken. “Obviously things can be discussed in ways that don’t divulge highly classified information,” she says. “The real issue is what is it about this program that is so classified that can’t allow it to be discussed in a Congressional setting, even a closed Congressional hearing. In order to have confidence in what this program is all about, one needs to understand better what the approach is and how it affects the rights of American citizens.”
'Horrible' Judgment - John Martin, who oversaw Justice’s counterintelligence division for 26 years, calls Gonzales’s and Card’s attempt to override Comey’s authority as acting attorney general as more than just “bad judgment.” Martin calls their judgement “horrible…they both knew or should have known that the Attorney General while he was so incapacitated had delegated his power to his deputy Jim Comey. Comey’s actions were heroic under the circumstances.” [Time, 5/17/2007]
Snow Dismisses Concerns - In May 2007, after Comey’s testimony to the Senate hits the media, White House press secretary Tony Snow dismisses any concerns about the inappropriateness of Gonzales’s and Card’s pressuring of Ashcroft in his hospital room, and skips over the fact that Comey, not Ashcroft, had the final authority of the Attorney General at the time. “Because he had an appendectomy, his brain didn’t work?” Snow will say of Ashcroft. “Jim Comey can talk about whatever reservations he may have had. But the fact is that there were strong protections in there, this program has saved lives and it’s vital for national security and furthermore has been reformed in a bipartisan way.” Judiciary Committee member Charles Schumer (D-NY) has a different take on the incident: “What happened in that hospital room crystallized Mr. Gonzales’ view about the rule of law: that he holds it in minimum low regard.” [Associated Press, 6/7/2007] Senate Democrats are preparing to introduce a resolution of no-confidence against Gonzales. [Time, 5/17/2007]

Entity Tags: National Security Agency, George W. Bush, Jack Goldsmith, James B. Comey Jr., John Ashcroft, Elizabeth Parker, Janet Ashcroft, Richard (“Dick”) Cheney, John Martin, David Ayres, Alberto R. Gonzales, Andrew Card, US Department of Justice, Charles Schumer, Theodore (“Ted”) Olson, Tony Snow, Robert S. Mueller III, Senate Judiciary Committee, Patrick F. Philbin, Neal Katyal

Timeline Tags: Civil Liberties

At around 7:00 a.m., Luis Garrudo Fernandez, a doorman for an apartment building in the town of Alcala de Henares, near Madrid, see three men behaving strangely near a white Renault Kangoo van parked near the local train station. The next day, he will tell the press, “When I saw them I thought they might be armed robbers or something like that… They were all covered up around their heads and necks, and it wasn’t even cold.” He gets close to one of them who is hurrying off towards the station. “All I could see was that he was wearing a white scarf around his neck and something covering the top of his head. You could only really see his eyes.” The others go to the back of the van and take out three big black rucksacks. Fernandez is unable to determine their ethnicity since he cannot see their faces clearly, but he suspects they are foreigners. Forty minutes later, bombs explode on four trains; the trains had started their journeys at the Alcala station (see 7:37-7:42 a.m., March 11, 2004). Fernandez soon tells a neighbor about the strange men. At 10:50 a.m., the neighbor calls the police. What the police find in the van will be the first lead in determining who is behind the train bombings. Fernandez claims the police soon come and inspect the van.
Immediately Told - He says they immediately tell him that they found bomb detonators and a cassette inside. The cassette contains exhortations from the Koran, but Fernandez will not remember them telling him anything about the cassette having an Arabic link. He is then driven to the police station, and on the way there a policeman tells him that he does not believe ETA, the Basque separatist group, is responsible. That evening at about 7:00 p.m., he is asked to look at a series of photographs of Arab suspects.
Contradictory Claim - However, this claim is later contradicted by a police report. While it is not denied that Fernandez gave the initial tip, the report says the van is not searched until about 3:30 p.m., after it has been moved to a different part of town. Eduardo Blanco, the police chief in Alcala de Henares, will later testify in support of the police report and will say that he is not told until that evening that detonators and an Arab cassette have been found in the vehicle. [Guardian, 3/13/2004; Daily Telegraph, 3/15/2004; Expatica, 7/6/2004; London Times, 7/7/2004] The discrepancy is important in determining just how quickly investigators begin to suspect Islamist militants and not ETA are behind the bombing.

Entity Tags: Luis Garrudo Fernandez, Euzkadi Ta Azkatasuna, Eduardo Blanco

Timeline Tags: Complete 911 Timeline

Multiple bombs destroyed this train in Madrid, Spain.Multiple bombs destroyed this train in Madrid, Spain. [Source: Rafa Roa/ Cover/ Corbis] (click image to enlarge)At about 7:40 a.m., four trains are bombed in Madrid, Spain, killing 191 people and injuring about 1,800 more. These are not suicide bombings, but were set by cell phone timers. Basque separatists are initially blamed, but evidence later points to people loosely associated with al-Qaeda. It will later be reported that 34 out of the 40 main people suspected or arrested for involvement in the bombings were under surveillance in Spain prior to the bombings (see Shortly Before March 11, 2004). Most of the bombers had never been to any training camps. In 2006, Spanish investigators will announce that the bombings were inspired by al-Qaeda, but not ordered or funded by al-Qaeda’s leadership. Specifically, the bombers are said to have been inspired by a speech allegedly given by Osama bin Laden in October 2003 (see October 19, 2003). [New Yorker, 7/26/2004; Associated Press, 3/9/2006] However, there will also be evidence against this that will not be refuted. For instance, the investigators will claim that all the key participants are either dead or in jail, but a number of them remain free overseas. For example, Amer el-Azizi is implicated in the Madrid bombings (see Before March 11, 2004), and he has links to well-known al-Qaeda figures such as Khalid Shaikh Mohammed (see (November 2001)), Ramzi bin al-Shibh (see Before July 8, 2001), and Zacarias Moussaoui (see Before August 16, 2001). In late 2002 or early 2003, el-Azizi is said to have met with Serhane Abdelmajid Fakhet, one of the key bombers, to discuss a bombing. He reportedly gave Fakhet permission to stage a bombing in the name of al-Qaeda, but it is unclear if he gave any funding or other assistance. [Associated Press, 4/10/2004; New Yorker, 7/26/2004] There are suggestions that el-Azizi was protected by Spanish intelligence (see Shortly After November 21, 2001), so the government may not be eager to highlight his involvement. Fakhet, considered one of the three masterminds of the bombings, may have been a government informant (see Shortly After October 2003). Many of the other plotters also appear to have been informants, and almost all the plotters were under surveillance before the bombings (see Shortly Before March 11, 2004). Former counterterrorism “tsar” Richard Clarke will say later in the month: “If we catch [bin Laden] this summer, which I expect, it’s two years too late. Because during those two years when forces were diverted to Iraq… al-Qaeda has metamorphosized into a hydra-headed organization with cells that are operating autonomously like the cells that operated in Madrid recently.” [USA Today, 3/28/2004] It will be noted that the 9/11 terrorist attacks in the US and the Madrid train bombings are separated by a total of 911 days. [MSNBC, 3/19/2004; Bloomberg, 4/22/2005]

Entity Tags: Osama bin Laden, Amer el-Azizi, Al-Qaeda, Richard A. Clarke, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

The white van, impounded in a police parking lot.The white van, impounded in a police parking lot. [Source: Libertad Digital]At 10:50 a.m. on March 11, 2004, Madrid police receive an eyewitness tip pointing them to a white van (see 7:00 a.m., March 11, 2004) left at one of the train stations that had been bombed about three hours earlier (see 7:37-7:42 a.m., March 11, 2004). One investigator will later say: “At the beginning, we didn’t pay too much attention to it. Then we saw that the license plate didn’t correspond to the van.” [New Yorker, 7/26/2004] Police determine that the van was stolen several days before. [El Mundo (Madrid), 4/23/2004] At about 2:00 p.m., police take the van away. Accounts conflict as to whether the van is searched that morning before it is moved or that afternoon after the move (see 7:00 a.m., March 11, 2004). [Guardian, 3/13/2004] Regardless, when it is searched investigators find a plastic bag containing bomb detonators. They also find a cassette tape containing recitations of the Koran. Investigators had immediately suspected ETA, a Basque separatist group, was behind the bombings, and in fact at 1:30 p.m. Spanish Interior Minister Angel Acebes publicly blames ETA for the bombings. But based on the evidence in the van they begin to suspect Islamist militants were behind it instead. [New Yorker, 7/26/2004; Vidino, 2006, pp. 294] That evening, traces of the explosive Goma-2 are also found in the van. This will further point the investigation away from the ETA, since that group has never been known to use that type of explosive (see (8:00 a.m.-Evening) March 11, 2004). [El Mundo (Madrid), 4/23/2004]

Entity Tags: Angel Acebes, Euzkadi Ta Azkatasuna

Timeline Tags: Complete 911 Timeline

Four Madrid trains were bombed on the morning of March 11, 2004 (see 7:37-7:42 a.m., March 11, 2004), and in the evening on the same day, Spanish Prime Minister Jose Maria Aznar calls the editors of Spain’s major newspapers and tells them that ETA, a Basque separatist group, is behind the attacks. In fact, so far there is no evidence suggesting ETA involvement in the bombings. However, investigators have found bomb detonators in a van near the sight of one of the bombings, and the van also has a cassette tape of the Koran in it, suggesting Islamist militants were behind the bombings (see 10:50 a.m.-Afternoon, March 11, 2004). At the same time, Spanish intelligence is wiretapping most of the top ETA leaders, and during the day they intercept calls between leaders expressing shock about the bombings. The bombings also do not fit with ETA’s modus operandi, which is to bomb government targets and avoid civilian casualties. Aznar is aware of all this, and even tells Jose Luis Rodriguez Zapatero, leader of the opposition party, about the van evidence in a phone call that same evening. But Aznar nonetheless insists that “there is no doubt who did the attacks,” and that ETA is to blame. There are nationwide elections scheduled in just three days, and polls show that Aznar’s successor, Mariano Rajoy of the conservative Popular Party, is leading Zapatero of the Socialist party by about five points. ETA has a long history of bombings in Spain, and Aznar himself survived an ETA car bomb in 1995. He has made the elimination of ETA his top priority. In fact, Aznar has planned a series of raids against ETA on March 12 in hopes that will help boost his party’s chances in the elections. If ETA is responsible, it will vindicate Aznar’s campaign against them and presumably boost his party’s chances in the election. [New Yorker, 7/26/2004]

Entity Tags: Mariano Rajoy, Jose Luis Rodriguez Zapatero, Euzkadi Ta Azkatasuna, Jose Maria Aznar

Timeline Tags: Complete 911 Timeline

After senior Justice Department officials object to the possible illegality of the National Security Agency’s secret domestic surveillance program, and refuse to sign off on its continued use, the program is suspended for several months while Justice Department officials conduct a secret audit of the program. Attorney General John Ashcroft will recertify the program at the end of the month (see Late March, 2004). The suspension is prompted by acting Attorney General James Comey’s refusal to approve the program when it comes up for its regular 45-day review, and a subsequent late-night hospital visit by White House officials Andrew Card and Alberto Gonzales to the hospital room of Attorney General John Ashcroft, where they unsuccessfully attempt to pressure Ashcroft, recuperating from surgery, to overrule Comey and approve the program (see March 10-12, 2004). Bush himself has personally reauthorized the program over 30 times since its inception after the 9/11 attacks (see Early 2002), and reauthorizes it himself after Comey and Ashcroft refuse to give it their approval. This reauthorization prompts a threat of mass resignations by Justice Department officials unless the program is brought under increased oversight. Bush will allow the Justice Department to recommend changes to the program, though those changes have never been made public. The Justice Department audits a selection of cases to see how the NSA is running the program, scrutinizing how NSA officials determine that they have probable cause to wiretap US citizens’ phones and e-mail accounts. The results of that audit have not been made public. When the program was first authorized by Bush’s executive order in early 2002, it was so secret that then-Deputy Attorney General Larry Thompson, who was active in most of the government’s most highly classified counterterrorism operations, was not given access to the program. That decision, among other elements of the program, led many Justice Department officials to worry that the program was operating outside of the Constitution and without proper oversight. Comey, Thompson’s successor, was eventually given authorization to take part in the program and to review intelligence data produced by it. Justice Department officials say that Comey takes part in overseeing the reforms that are put into place during the current audit. However, those reforms do not restrict the NSA’s authority to independently choose its eavesdropping targets, and NSA shift supervisors have the authority to decide for themselves whether there is enough evidence against a US citizen to warrant a secret wiretap. No one at the Justice Department or in the White House needs to be consulted before a wiretap is put into place. [New York Times, 12/31/2005]

Entity Tags: US Department of Justice, National Security Agency, Larry D. Thompson, Associated Press, James B. Comey Jr., John Ashcroft, Alberto R. Gonzales, George W. Bush, Andrew Card

Timeline Tags: Civil Liberties

Angel Acebes.Angel Acebes. [Source: Luis Magan / El Pais]At 4:00 p.m. on March 13, 2004, the day before national elections in Spain, Interior Minister Angel Acebes announces on television that Jamal Zougam and two other Moroccans have been arrested for suspected roles in the Madrid train bombings two days before (see 7:37-7:42 a.m., March 11, 2004). A day earlier, evidence found at one of the bomb sites was linked to Zougam (see March 12, 2004), and he had long been monitored for his Islamist militant links (see 2000-Early March 2004). Nonetheless, Acebes continues to suggest that ETA, a Basque separatist group, was behind the bombing instead. The ruling party has staked its reputation on its assertion that ETA is to blame. [New Yorker, 7/26/2004] That evening, the national public television station even changes its regular television programming to show a movie about Basque terrorism. [Australian, 11/2/2007] But by now the opposition Socialist Party is publicly accusing the government of lying about the investigation in order to stay in power. [New Yorker, 7/26/2004] Zougam will later be sentenced to life in prison for his role in the Madrid bombings. [Daily Mail, 11/1/2007]

Entity Tags: Euzkadi Ta Azkatasuna, Angel Acebes, Jamal Zougam

Timeline Tags: Complete 911 Timeline

Youssef Belhadj.Youssef Belhadj. [Source: Public domain]At 7:30 p.m., on March 13, 2004, the night before national elections in Spain, an anonymous phone caller tells a Madrid television station that there is a videotape related to the Madrid train bombings two days earlier (see 7:37-7:42 a.m., March 11, 2004) in a nearby trash can. The video is quickly found. It is not broadcast, but the government releases portions of its text to the media that evening. [Associated Press, 3/13/2004] A man on the tape identifies himself as Abu Dujan al-Afghani, and says he is the military spokesman for the “military wing of Ansar al-Qaeda” (ansar means partisan). [New York Times, 4/12/2004] Dressed in white burial robes and holding a submachine gun, he says: “We declare our responsibility for what happened in Madrid exactly two-and-a-half years after the attacks on New York and Washington. It is a response to your collaboration with the criminals Bush and his allies. This is a response to the crimes that you have caused in the world, and specifically in Iraq and Afghanistan, and there will be more, if God wills it.” [BBC, 3/14/2004; Irujo, 2005, pp. 327-342] Spanish Interior Minister Angel Acebes has been repeatedly blaming ETA, a Basque separatist group, for the bombings (see 10:50 a.m.-Afternoon, March 11, 2004 and March 12, 2004). He holds a press conference shortly after the videotape text is made public and encourages the public to be skeptical about the tape’s authenticity. [Observer, 3/14/2004] But more and more Spaniards doubt the official story. El Mundo, the largest newspaper in Madrid, criticizes “the more than dubious attitude of the government in relation to the lines of investigation.” The BBC publishes a story hours before the election is to begin and notes: “If ETA is to blame it would justify the [ruling Populist Party’s] hard line against the group and separatism in Spain. But if al-Qaeda is to blame, however, it would bring into question Spain’s decision to join the United States and Britain in the war on Iraq, something 90 percent of Spaniards opposed.” [BBC, 3/14/2004] The video actually was made by the bombers. A banner shown in the video is found in a safe house used by the bombers about a month later (see 9:05 p.m., April 3, 2004), suggesting the video was shot there. [New York Times, 4/12/2004] The spokesman will later be revealed to be Youssef Belhadj. Belhadj will be arrested in Belgium in 2005, extradited to Spain, and sentenced to prison for a role in the Madrid bombings. [Irujo, 2005, pp. 327-342; MSNBC, 10/31/2007]

Entity Tags: Euzkadi Ta Azkatasuna, Angel Acebes, Al-Qaeda, Youssef Belhadj

Timeline Tags: Complete 911 Timeline

On March 14, 2004, just three days after the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), Spain holds national elections. The opposition Socialist party wins. The Socialists go from 125 seats to 164 in the 350-seat legislature. The ruling Popular Party falls from 183 seats to 148. As a result, Socialist Jose Luis Rodriguez Zapatero replaces Jose Maria Aznar as Spain’s prime minister. Zapatero had pledged to withdraw Spain’s troops from the war in Iraq. In declaring victory, Zapatero again condemns the war in Iraq and reiterates his pledge to withdraw. He keeps his pledge and withdraws all of Spain’s troops over the next couple of months. [Associated Press, 3/15/2004; New Yorker, 7/26/2004]
Victory for Al-Qaeda? - Some will see this as a strategic victory for al-Qaeda. A treatise written by al-Qaeda leader Yusef al-Ayeri in late 2003 suggested the political utility of bombing Spain in order to force them to withdraw their troops from Iraq (see December 2003). For instance, an editor at the conservative Spanish newspaper ABC will later say, “I doubt whether anyone can seriously suggest that Spain has not acted in a way that suggests appeasement.”
Angry Voters - But Spanish voters may not have voted out of fear of being attacked again because of its Iraq commitment so much as anger at the ruling party for attempting to hide evidence linking the bombing to al-Qaeda and falsely blaming Basque separatists instead (see Evening, March 11, 2004, March 12, 2004, 4:00 p.m., March 13, 2004). [New Yorker, 7/26/2004] For instance, the Guardian will report, “The spectacular gains made by [the Socialist party] were in large part a result of the government’s clumsy attempts at media manipulation following the Madrid bombs on Thursday.… The party had just three days to avoid the charge that it had attracted the bombers by supporting a war that was opposed by 90% of Spaniards.… There would have been a double bonus for the [Popular Party] if they could have successfully deflected the blame onto the Basque terrorist group, ETA. A central plank of the government’s election platform had been that [the Socialists] are ‘soft’ on Basque terrorism.” [Guardian, 3/15/2004]

Entity Tags: Yusef al-Ayeri, Al-Qaeda, Jose Luis Rodriguez Zapatero, Jose Maria Aznar

Timeline Tags: Complete 911 Timeline

The Popular Party led by Spanish Prime Minister Jose Maria Aznar is voted out of power on March 14, 2004 (see March 14, 2004). In December 2004, the incoming prime minister, Jose Luis Rodriguez Zapatero of the Socialist party, will claim that shortly after the election Aznar wiped out all computer records at the prime minister’s office from the period between the Madrid train bombings on March 11 (see 7:37-7:42 a.m., March 11, 2004) and the elections three days later. Zapatero will tell a parliamentary commission: “There was nothing, absolutely nothing… everything had been wiped. There is nothing from March 11 to March 14 in the prime minister’s office.” Only some paper documents remain. During those days, the ruling party strongly asserted that ETA, a Basque separatist group, was behind the bombings, even as investigators quickly uncovered overwhelming evidence that Islamist militants were the real culprits (see Evening, March 11, 2004, March 12, 2004, 4:00 p.m., March 13, 2004). Zapatero will accuse Aznar’s government of having tried to frame ETA for the bombings. “It was massive deceit,” he says. [Guardian, 12/14/2004]

Entity Tags: Euzkadi Ta Azkatasuna, Jose Maria Aznar, Jose Luis Rodriguez Zapatero

Timeline Tags: Complete 911 Timeline

Rafa Zouhier is an informant working for Spain’s Civil Guard. On March 16 and 17, 2004, he speaks to his handler, known by the alias Victor, and gives him vital leads that help break open the investigation into the Madrid train bombings on March 11 (see 7:37-7:42 a.m., March 11, 2004). He mentions that Jamal Ahmidan, alias “El Chino,” was a key member of the bomb plot. [Irujo, 2005, pp. 343-348] Then, according to phone transcripts, on March 17, 2004, he calls Victor again and correctly tells him the exact street where Ahmidan lives. Zouhier gives further details about what Ahmidan looks like, his car, his family, and so on. Seemingly, the police have enough information to find Ahmidan, but they do not attempt to go to his house. Nine days later, they will talk to Ahmidan’s wife and find out that he was there on March 17 and all the next day. Then, on the March 19, Ahmidan goes to the farm house he is renting where the bombs were built, which the police have yet to search (see March 18-26, 2004). After that, he goes to an apartment in the nearby town of Leganes, where most of the rest of the suspects are staying. So if police would have pursued the lead and then trailed Ahmidan, they would have been led to nearly all the main suspects. [El Mundo (Madrid), 7/3/2006] Police will arrest Zouhier on March 19 for not telling them more about the plot, and sooner. [El Mundo (Madrid), 4/9/2007] He will eventually be convicted and sentenced to more than 10 years in prison. [MSNBC, 10/31/2007]

Entity Tags: Jamal Ahmidan, Rafa Zouhier, “Victor”

Timeline Tags: Complete 911 Timeline

Emilio Suarez Trashorras, a police informant, is questioned about the Madrid train bombings that took place one week before (see 7:37-7:42 a.m., March 11, 2004). The previous day, another informant named Rafa Zouhier spoke to police and named Trashorras, Jamal Ahmidan, and others as key figures in the purchase of the explosives used in the bombings (see March 17, 2004). Trashorras and Zouhier allegedly did not tell their handlers about the explosives purchase before the bombings, so they are both arrested and eventually convicted for roles in the bombings (see October 31, 2007). Trashorras confesses much information to the police, including the role of Ahmidan and the fact that the bombs were built in a farm house Ahmidan is renting in the nearby town of Morata. Police already are aware of the house because some of the Madrid bombings suspects were monitored meeting there in 2002 and 2003 (see October 2002-June 2003), but it has not been searched since the bombings. By chance, on March 19, Ahmidan returns to the Morata house and has dinner there with his family. However, police still have not acted on Trashorras’s tip and gone to the house, so they miss Ahmidan. Also on March 19, police publicly announce the arrest of Trashorras, causing Ahmidan to finally go into hiding (see March 19, 2004). He goes to the bombers’ hideout in the town of Leganes, which could have led police to most of the other bombers. Hamid Ahmidan, Jamal Ahmidan’s cousin, answers questions about the house to police on March 21 and reveals that many of the bombers were there just before the bombing. But remarkably, police do not search the house until March 26. By that time, Ahmidan and the other bombers who lived there are no longer there. [El Mundo (Madrid), 2/12/2006; El Mundo (Madrid), 9/18/2006; El Mundo (Madrid), 3/25/2008] Ahmidan and many of the other key bomb suspects allegedly blow themselves up in Leganes in early April (see 9:05 p.m., April 3, 2004).

Entity Tags: Rafa Zouhier, Jamal Ahmidan, Emilio Suarez Trashorras, Hamid Ahmidan

Timeline Tags: Complete 911 Timeline

Mohamed Haddad.Mohamed Haddad. [Source: Public domain]Days after the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), multiple witnesses identify a Moroccan named Mohamed Haddad as one of the bombers. For instance, two witnesses claim to have seen him carrying a backpack on the day of the bombing near one of the bomb sites while in the company of two of the other bombers. Further, Haddad has many links to the other arrested bombers. For instance, he was arrested with two of the other bombers in Turkey in 2000 and then let go (see October 10, 2000). Haddad is arrested in Morocco on March 18, but then is soon released. Strangely, the Moroccan government allows him to continue to live in the Moroccan town of Tetouan, but do not allow him to travel or speak to any journalists. Also, Spanish authorities are not allowed to question him. The Madrid newspaper El Mundo will report on this unusual arrangement in September 2004. In August 2005, El Mundo will report that the situation is essentially unchanged. They will comment, “It has not been explained how the Moroccan police, who had arrested thousands of people for militant ties after the 2003 Casablanca bombings (see May 16, 2003), sometimes on scant evidence, leave a suspect at large who could not even prove where he was on the day of the train bombings.” The newspaper will also note that the Spanish government has not indicted Haddad. The article will conclude by asking, “How can it be a man like Haddad has not yet been charged?” [El Mundo (Madrid), 9/14/2004; El Mundo (Madrid), 8/1/2005] El Mundo will conclude that this “would mean that Haddad was an informer of [Moroccan intelligence] in Spain or that he knows things that the Moroccans do not want the Spaniards to know.” [El Mundo (Madrid), 1/19/2005]

Entity Tags: Mohamed Haddad

Timeline Tags: Complete 911 Timeline

A manager at Alec Station, the CIA’s bin Laden unit, agrees that the agency can release an innocent German citizen named Khalid el-Masri who has been imprisoned in one of the CIA’s black sites for about two months (see December 31, 2003-January 23, 2004 and January 23 - March 2004). The CIA has known el-Masri is innocent for some time, but has not yet got around to releasing him (see (February 2004)). However, the manager, Alfreda Frances Bikowsky, makes his release conditional on the German intelligence services promising to follow him once he is free. She is told that as el-Masri is not a terrorist, but innocent, he cannot be put on a watch list, followed, or monitored when making phone calls. Therefore, she is reluctant to let him go and he remains in prison in Afghanistan. [Mayer, 2008, pp. 285]

Entity Tags: Khalid el-Masri, Alfreda Frances Bikowsky, Alec Station, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Spanish police raid the apartment of Mouhannad Almallah, an Islamist militant suspected of involvement in the March 11, 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). The apartment is owned by his brother, Moutaz Almallah. Mouhannad is arrested, but Moutaz is not, since he has been living in Britain since 2002 (see August 2002). Police also raid another apartment on Virgen del Coro street in Madrid owned by Moutaz, where several other bombing suspects, Basel Ghalyoun and Fouad el Morabit, have lived.
Years of Surveillance - It is surprising police took so long to raid either apartment, since the Almallah brothers have been suspected militants for many years. [El Mundo (Madrid), 3/2/2005] Moutaz was considered the closest assistant to Barakas Yarkas, long-time head of an al-Qaeda cell in Madrid, and it appears he was monitored since 1995 because of his ties to Yarkas (see November 13, 2001). He also is known to have lived with the al-Qaeda-linked imam Abu Qatada in London in 2002 (see August 2002). Curiously, a police officer later suspected of a role in the Madrid bombings sold Moutaz an apartment in 1995 and then remained friends with him (see November 1995). [El Mundo (Madrid), 3/2/2005; BBC, 3/24/2005]
Wife's Tips Do Not Lead to Arrests - Mouhannad had been a suspect since 1998, when it was discovered that another member of Yarkas’s cell had filed a false document using Mouhannad’s name. Furthermore, in January 2003 Mouhannad’s estranged wife began informing against him and his militant associates (see February 12, 2003 and January 4, 2003). She exposed the brothers’ connections to many suspect militants, including Jamal Zougam, who was arrested just two days after the Madrid bombings (see 4:00 p.m., March 13, 2004). As a result of her tips, police had monitored the Virgen del Coro apartment for a year and were still monitoring it when the Madrid bombings took place (see January 17, 2003-Late March 2004). Mouhannad’s wife spoke to police five days after the bombings, reminding them of the link between Mouhannad and Zougam, so it is unclear why police waited 13 days to raid the Virgen del Coro apartment. [El Mundo (Madrid), 3/2/2005]
Let Go Despite Confessing Knowledge of Attack Plans - Mouhannad is finally arrested because two witnesses saw Ghalyoun, one of the two militants living in the Virgen del Coro apartment, near the Madrid trains when they were bombed. Mouhannad admits knowing Zougam, the main suspect. He says he had gone to Zougam’s shop to buy a charger for his phone. He says he knows Serhane Abdelmajid Fakhet, another prime suspect in the Madrid bombings, and that in the summer of 2003 Fakhet had proposed several times to “rob banks and jewelers” to finance an attack in Spain. Fakhet even told him that he wanted to go into police stations and kill as many people as possible. The police are also aware that Mouhannad’s brother Moutaz and Fakhet were in telephone contact until at least a few days before the bombings. Yet incredibly, on March 30, Mouhannad is “provisionally released,” while still be accused of having a link to the bombings. He continues to live openly in Madrid and is not rearrested. [El Mundo (Madrid), 3/2/2005; El Mundo (Madrid), 8/5/2005]
Possible Involvement in Planned New York Attack - In the apartment where Mouhannad had been living, police find a sketch of the Grand Central Station in New York with precise annotations, leading to suspicions that some militants in Spain were planning a New York attack. However, it will take investigators several months to analyze and understand the sketch, as it is on a computer disc and accompanied by highly specialized technical data. [El Mundo (Madrid), 3/2/2005] He will be rearrested in Madrid on March 18, 2005, two weeks after it is widely reported that possible plans for a New York attack were found in his apartment. [El Mundo (Madrid), 8/5/2005] In 2006, a Spanish police report will conclude that the Almallah brothers had such important roles in the Madrid bombings that the bombings “possibly would not have occurred” without them. [Reuters, 3/8/2007] Mouhannad will eventually be sentenced to 12 years in prison (see March 18-19, 2005).

Entity Tags: Mouhannad Almallah’s wife, Mouhannad Almallah, Fouad el Morabit, Serhane Abdelmajid Fakhet, Jamal Zougam, Moutaz Almallah, Basel Ghalyoun

Timeline Tags: Complete 911 Timeline

The White House discloses to Fox News that former counterterrorism “tsar” Richard Clarke was the anonymous official who gave a background briefing to reporters in August 2002 praising the Bush administration’s record on terrorism (see August 22, 2002). This move, which violates a longstanding confidentiality policy, is made hours before Clarke is to testify to the 9/11 Commission (see March 24, 2004). Clarke recently went public with criticism of the administration (see March 21, 2004) and is being attacked by it (see March 22, 2004 and Shortly After). Author Philip Shenon will comment, “In agreeing to allow Fox News to reveal that Clarke had given the 2002 briefing, the White House was attempting to paint him as a liar—a one-time Bush defender who had become a Bush critic in order to sell a book.” National Security Adviser Condoleezza Rice says to the media: “There are two very different stories here. These stories can’t be reconciled.” [Fox News, 3/24/2004; Washington Post, 3/25/2004; Washington Post, 3/26/2004; Shenon, 2008, pp. 280-281]
Opposing Spin? - Shenon will add that in the briefing Clarke was “spin[ning] the facts” in order to try to knock down an article unfavorable to the administration published by Time magazine, although “the spin took him perilously close to dishonesty, albeit the sort of dishonesty practiced every day in official Washington.” Philip Zelikow, the 9/11 Commission’s executive director and a long-term opponent of Clarke (see January 3, 2001 and January 27, 2003), is delighted by the story and tells a Commission staffer that it might be enough to end the Clarke “circus,” adding, “Does it get any better than this?” [Shenon, 2008, pp. 280-281] Later trying a similar line of attack, Republican Senate leader Bill Frist will ask “[i]f [Clarke] lied under oath to the United States Congress” in closed testimony in 2002, and also ask if Clarke is attempting to promote his book. According to media critic Frank Rich, Frist’s credibility is undermined by his use of his Senate status to promote his own book, a virtually worthless primer entitled When Every Moment Counts: What You Need to Know About Bioterrorism from the Senate’s Only Doctor. Frist’s accusation that Clarke revealed classified information in his book falls flat when Clarke notes that the White House vetted his book for possible security transgressions before publication. [Washington Post, 3/27/2004; Rich, 2006, pp. 114-119]
No Evidence of Contradiction - A review of declassified citations from Clarke’s 2002 testimony provides no evidence of contradiction, and White House officials familiar with the testimony agree that any differences are matters of emphasis, not fact. [Washington Post, 4/4/2004]

Entity Tags: Philip Shenon, Richard A. Clarke, Condoleezza Rice, Philip Zelikow, Washington Times, Frank Rich, Bill Frist

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

Police have concluded that Jamal Ahmidan, alias “El Chino,” is one of the main suspects in the March 11, 2004, Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). On March 25, Ahmidan’s wife Rosa begins fully cooperating with police. Two days later, someone calls her from the the telephone number 629247179. That same day, someone calls a man named Othman El Gnaoui from the same number. El Gnaoui is a close associate of Ahmidan. The same phone number is used to call the mobile phone number of a man named Abdelkader Kounjaa four times three days later. He is the brother of Abdennabi Kounjaa, one of the bombers hiding out with many of the other bombers in an apartment in the town of Leganes by this date (see 9:05 p.m., April 3, 2004). The police will later tell the judge in the Madrid bombings trial that the person using this phone to make all these calls was Ahmidan. But in fact, in 2005 the judge will learn from the phone company that the phone number actually belongs to the national police. Ahmidan’s wife Rosa will later say she does not remember who called her, and phone records show the call to her lasted less than a minute. These calls have never been explained, but they suggest the police knew where some of the suspects were hiding, took no action against them, and then tried to cover this up. [El Mundo (Madrid), 7/23/2007] Curiously, one day after the bombings, police stopped tapping the phones of Ahmidan and El Gnaoui even though evidence linked Ahmidan to the main suspect in the bombings that same day (see March 12, 2004). El Gnaoui will be arrested on March 30 and sentenced to life in prison for a role in the bombings (see March 30-31, 2004). [MSNBC, 10/31/2007]

Entity Tags: Jamal Ahmidan, Abdelkader Kounjaa, Othman El Gnaoui, Rosa Ahmidan

Timeline Tags: Complete 911 Timeline

The Sunday Times publishes details of interrogations of alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM), who is being held by the CIA. The article, written by Christina Lamb, indicates the information is from “transcripts” of his interrogations. It also quotes KSM as making various statements, such as “The original plan [for 9/11] was for a two-pronged attack with five targets on the East Coast of America and five on the West Coast.” The report makes the following claims:
bullet KSM introduced Osama bin Laden to Hambali, leader of the Southeast Asian militant organization Jemaah Islamiyah, who KSM first met during the Soviet-Afghan War in Peshawar, Pakistan. KSM was “impressed” with “Hambali’s connections with the Malaysian government,” and bin Laden and Hambali forged an alliance in 1996.
bullet After 1996, KSM became a “key planner in almost every attack, including the simultaneous bombings of the American embassies in Kenya and Tanzania in 1998.”
bullet He was the “chief planner” for 9/11 and planning started very early, before his associate Ramzi Yousef was captured (see February 7, 1995), when they hit upon the idea of using planes to attack the US. The plan for 9/11 initially had two parts, one on the US East Coast and the other on the west, but bin Laden canceled the second half. This part was then spun off into a second, separate plot, to be carried out independently, and one of the operatives to be involved was Zacarias Moussaoui. The first two operatives selected for 9/11 were Khalid Almihdhar and Nawaf Alhazmi, followed by Mohamed Atta and his associates from Hamburg.
bullet Al-Qaeda was very surprised by the US response to the 9/11 attacks. “Afterwards we never got time to catch our breath, we were immediately on the run,” KSM is quoted as saying. He added that the US campaign seriously disrupted operations.
bullet Britain was the next target after 9/11, because, “Osama declared [British Prime Minister Tony] Blair our principal enemy and London a target.” However, a plot to attack Heathrow Airport never got beyond the planning stage.
bullet KSM also described Hambali’s departure from Afghanistan in November 2001, and said the two kept in touch through Hambali’s brother.
The article points out that “the interrogation transcripts are prefaced with the warning that ‘the detainee has been known to withhold information or deliberately mislead,’” and also mentions some allegations made against US interrogators, including sleep deprivation, extremes of heat and cold, truth drugs, and the use of Arab interrogators so that detainees thought they were in an Arab camp. [Sunday Times (London), 3/28/2004] When it becomes clear what techniques have been used to obtain information from KSM, doubts will be expressed about the reliability of his information (see June 16, 2004 and August 6, 2007). However, most of this information will appear in the relevant sections of the 9/11 Commission report, which are based on reports produced by CIA interrogators. [9/11 Commission, 7/24/2004] Despite this, some of the information contained in the report seems to be incorrect. For example, Abu Zubaida is described as a member of al-Qaeda’s inner shura council, although it appears he was not that close to al-Qaeda’s senior leadership (see Shortly After March 28, 2002). In addition, KSM is described as the head of al-Qaeda’s military committee, although he will later deny this (see March 10, 2007).

Entity Tags: Khalid Shaikh Mohammed, Al-Qaeda

Timeline Tags: Complete 911 Timeline

The FBI issues a bulletin to state and local law enforcement agencies which states that terrorists may use cultural, artistic or athletic visas to slip into the United States undetected. This is followed by another bulletin one day later from the FBI and Department of Homeland Security warning of pending terrorist attacks on buses and trains in major cities during the summer. The uncorroborated intelligence cited by the warning indicates the possible use of a bomb made out of ammonium nitrate fertilizer and diesel fuel, similar to the one used in the Oklahoma City federal building attack. This intelligence, as well as the March 11, 2004, train bombings in Madrid (see 7:37-7:42 a.m., March 11, 2004), reportedly increases the level of concern that terrorists are planning an attack in the US. It is reported that the intelligence community believes that al-Qaeda has the full intent and capability to execute coordinated and deadly attacks on public transportation systems. [PBS, 4/2/2004] No such attacks occur. The warning apparently is given because a number of suspects are arrested in Britain who had been working on a fertilizer bomb, but they have been under surveillance and their fertilizer had been replaced with a harmless substance. In the thousands of hours of monitored conversations, none of them mentioned anything about bombing the US (see Early 2003-April 6, 2004). One day prior to the first alert, Charles Duelfer, the chief weapons inspector in Iraq, informed Congress that no WMD have been found to date. [MSNBC, 6/4/2007]

Entity Tags: Federal Bureau of Investigation, Charles Duelfer, US Department of Homeland Security

Timeline Tags: Complete 911 Timeline

Attorney General John Ashcroft recertifies the NSA’s warrantless wiretapping program as being within the law, three weeks after he and his deputy, James Comey, refused to certify it. The program had come under question in early 2004, when Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel, wrote to Ashcroft and Comey expressing his doubts about the program’s legality (see September 9, 2007). For those three weeks, the program operated without Justice Department approval; President Bush personally recertified it himself, though it was suspended and subjected to an internal review (see March 12-Mid-2004). Ashcroft had previously refused to recertify the program while recuperating from surgery, despite pressure from White House officials Alberto Gonzales and Andrew Card (see March 10-12, 2004). Ashcroft, Comey, Goldsmith, and other Justice Department officials had even threatened to resign en masse if Bush recertified the program without their department’s support; Bush promised to revamp the program to address Ashcroft and Comey’s objections to the program, though what those changes are remains unclear. [Boston Globe, 5/16/2007; Associated Press, 6/7/2007]

Entity Tags: Andrew Card, Alberto R. Gonzales, George W. Bush, Jack Goldsmith, National Security Agency, James B. Comey Jr., US Department of Justice, John Ashcroft

Timeline Tags: Civil Liberties

Abu Musab al-Zarqawi, a Jordanian militant leader fighting against US-led forces in Iraq, allegedly says on an audiotape that prisons in Jordan have become “the Arab Guantanamo.” He says: “Whoever the Americans find hard to investigate in Pakistan and Afghanistan, they move to Jordan, where they are tortured in every way.” [Observer, 6/13/2004] Jordan is a country that is notorious for its use of torture (see 1993).

Entity Tags: Abu Musab al-Zarqawi

Timeline Tags: Torture of US Captives

Two officers in the CIA’s European division hatch a plan to free an innocent German named Khalid el-Masri who has been held at an agency black site since January (see January 23 - March 2004). The plan, which is termed a “reverse rendition,” is basically to take el-Masri out of prison, fly him somewhere, drive him round in circles for a few hours, and then let him go. However, a manager at Alec Station, the CIA’s bin Laden unit, is opposed to this plan. The manager, Alfreda Frances Bikowsky, had been the driving force behind el-Masri’s rendition to Afghanistan in the first place and had previously put obstacles in the way of his release (see Late March 2004). Now, she still argues that el-Masri is a terrorist. Author Jane Mayer will comment on why Bikowsky’s opposition carries weight: “She had an unusual amount of clout in the agency. She was smart and tough. And her trump card was that she sometimes personally briefed President Bush.” [Mayer, 2008, pp. 285-286] Despite Bikowsky’s opposition, a version of the “reverse rendition” plan will be implemented at the end of May (see May 29, 2004).

Entity Tags: Alfreda Frances Bikowsky, Khalid el-Masri, Alec Station, Central Intelligence Agency

Timeline Tags: Torture of US Captives

At 11:00 a.m. on April 2, 2004, a security guard notices a plastic bag next to train tracks forty miles south of Madrid. The bag contains 26 pounds of the same type of explosives used in the March 11 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). The explosives are connected to a detonator by 450 feet of cable, but they lack a triggering mechanism. The tracks are for a high-speed rail line, and if the bomb had derailed a train, it could have killed more people than the March 11 bombings did. Three days earlier, workers surprised a group of men digging a hole on a nearby section of the same rail line. It is suggested that the bombers fled prematurely both times. The next day, at 6:05 p.m., the Madrid newspaper receives a fax from Abu Dujan al-Afghani taking credit for the failed bomb. This same person (whose real name is Youssef Belhadj) took credit for the Madrid bombings and was linked to the actual bombers (see 7:30 p.m., March 13, 2004). He says the bomb is meant to show that the group can attack at any time, and demands that Spain withdraw all its troops from Iraq and Afghanistan immediately (the new prime minster has already pledged to withdraw Spain’s troops from Iraq (see March 14, 2004)). Curiously, the fax is sent right when the key Madrid bombers are in the middle of a gun battle with Spanish police. They are killed several hours later (see 9:05 p.m., April 3, 2004). [BBC, 3/4/2004; Irujo, 2005, pp. 349-260; Vidino, 2006, pp. 302-303]

Entity Tags: Youssef Belhadj

Timeline Tags: Complete 911 Timeline

Abdelkader Farssaoui, a.k.a. Cartagena, served as a government informant from late 2001 to June 2003, informing on a group of the Madrid train bombers, including mastermind Serhane Abdelmajid Fakhet (see September 2002-October 2003). At 7:00 a.m. on April 3, 2004, about three weeks after the Madrid train bombing (see 7:37-7:42 a.m., March 11, 2004), Farssaoui is picked up by a police car where he is living in Almeria, Spain, and driven about 350 miles to Madrid. Around noon, he is taken to a meeting of police officers, some of whom he knows from his time as an informant.
Holed Up - He is told that Fakhet and many of the other bombers are holed up in an apartment in the nearby town of Leganes. A police chief named Guillermo Moreno asks him to visit them and find out exactly who is there. But Farssaoui is scared and refuses to go. He points out that he has not seen any of the bombers for almost a year, and if he suddenly shows up without explaining how he knew where they were hiding they will realize he is an informant and probably kill him. He overhears an agent of UCI, the Spanish intelligence agency, speaking about him on the phone, saying, “If this Moor talks, we are f_cked.” Farssaoui, a Moroccan, will reveal this under oath as a protected witness during the trial of the Madrid bombers in 2007. [El Mundo (Madrid), 3/7/2007]
Contradiction - This testimony will directly contradict earlier testimony by police inspector Mariano Rayon (one of Farssaoui’s handlers), who will claim the police only learn that the bombers are holed up in the Leganes apartment between 3:00 and 5:00 p.m. that day. The police will surround and attack the apartment that evening, killing seven of the bombers inside (see 9:05 p.m., April 3, 2004). Farssaoui will say he is very glad he did not go into the apartment, because if he did, “there would be eight dead people,” not just seven. [Libertad Digital, 3/7/2007]

Entity Tags: Guillermo Moreno, Abdelkader Farssaoui, Mariano Rayon, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

The March 2004 Madrid train bombings were not suicide bombings (see 7:37-7:42 a.m., March 11, 2004), and most of the key bombers remain in Spain, holed up in an apartment in the town of Leganes, near Madrid. By April 3, 2004, Spanish police are tipped off about the general location of the apartment from monitoring cell phone calls. Agents from the Spanish intelligence agency, the UCI, arrive near the apartment around 2:00 p.m. The head of the UCI unit on the scene will later say that he is told around this time that the specific floor where the suspects are has been pinpointed through phone intercepts, but he will not recall who tells him this. At about 5:00 p.m., one of the suspected bombers, Abdelmajid Boucher, goes outside to throw away the trash. He spots the plainclothes agents surrounding the house and runs away. The agents pursue him but he gets away. Presumably, he soon calls the other men in the apartment to let them know the police are outside. A gunfight breaks out between the police and the men in the apartment. [El Mundo (Madrid), 3/21/2007; El Mundo (Madrid), 3/21/2007] During the several hours of shooting, the bombers make a series of phone calls to relatives, telling them good-bye. They also allegedly somehow call radical imam Abu Qatada three times, even though he is being held in a maximum security prison in Britain, and get religious approval for their planned suicides (see Between 6:00 and 9:00 p.m., April 3, 2004). When police assault the apartment shortly after 9:00 p.m. that evening, the seven bombers still there are reportedly huddled together and blow themselves up (see 9:05 p.m., April 3, 2004). [New Yorker, 7/26/2004; Irujo, 2005, pp. 360-361] In late 2005, Boucher will be arrested while traveling through Serbia by train. He will be extradited to Spain and sentenced to 18 years in prison (see October 31, 2007). [Washington Post, 12/1/2005]

Entity Tags: Rachid Oulad Akcha, Serhane Abdelmajid Fakhet, Mohammed Oulad Akcha, Centro Nacional de Inteligencia, Jamal Ahmidan, Arish Rifaat, Abdennabi Kounjaa, Abu Qatada, Allekema Lamari, Abdelmajid Boucher

Timeline Tags: Complete 911 Timeline

By about 6:00 p.m. on April 3, 2004, a group of seven suspects in the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) are trapped in an apartment in the town of Leganes near Madrid and are engaged in a shootout with the police force surrounding them (see 2:00-9:00 p.m., April 3, 2004). This group of Islamist militants is said to be inspired by radical imam Abu Qatada, who has been held in the Belmarsh high security prison in Britain since 2002 (see October 23, 2002). Spanish police will later claim that these suspects call Qatada three times during the shootout, seeking religious authorization to commit suicide since they have been cornered by police. UPI will comment, “Madrid police could not explain how the terrorists could telephone somebody supposedly in a British prison.” They also call people in Indonesia and Tunisia who are said to be linked to suspected terrorists. They receive the permission from Qatada. Then they purify themselves with holy water from Mecca and dress in white funeral shrouds made from the apartment’s curtains. [United Press International, 5/14/2004] The seven suspects allegedly blow themselves up when police start to raid their apartment shortly after 9:00 p.m. (see 9:05 p.m., April 3, 2004).

Entity Tags: Abu Qatada

Timeline Tags: Complete 911 Timeline

The explosion in the Leganes apartment.The explosion in the Leganes apartment. [Source: Associated Press]The March 2004 Madrid train bombings were not suicide bombings (see 7:37-7:42 a.m., March 11, 2004), and most of the key bombers remain in Spain, holed up in an apartment in the town of Leganes, near Madrid. The police surrounded them in the early afternoon and a several hour shootout began (see 2:00-9:00 p.m., April 3, 2004). GEO, an elite police unit, arrives around 8:00 p.m. The head of GEO will later testify that he decides to assault the apartment immediately because of reports they have explosives. The entire area has already been evacuated. There reportedly is some shouting back and forth, but no negotiations. One of the bombers reportedly shouts, “Enter, you suckers!” At 9:30, the GEO unit knocks down the door to the apartment with explosives and throws tear gas into the room. But the bombers are reportedly huddled together and blow themselves up. One GEO agent is also killed in the explosion. The bombers killed are: Allekema Lamari, Serhane Abdelmajid Fakhet, Abdennabi Kounjaa, Arish Rifaat, Jamal Ahmidan (alias “El Chino”), and the brothers Mohammed Oulad Akcha and Rachid Oulad Akcha. Others are believed to have escaped during the shootout. [New Yorker, 7/26/2004; Irujo, 2005, pp. 360-361; El Mundo (Madrid), 3/22/2007] Lamari, Fakhet, and Ahmidan are thought to have been the top leaders of the plot. [BBC, 3/10/2005] It will later emerge that close associates of both Fakhet and Lamari were government informants (see Shortly Before March 11, 2004), and that Spanish intelligence specifically warned in November 2003 that the two of them were planning an attack in Spain on a significant target (see November 6, 2003). Furthermore, Fakhet himself may have been a government informant (see Shortly After October 2003).

Entity Tags: Serhane Abdelmajid Fakhet, Rachid Oulad Akcha, GEO, Mohammed Oulad Akcha, Arish Rifaat, Abdennabi Kounjaa, Abu Qatada, Allekema Lamari, Jamal Ahmidan

Timeline Tags: Complete 911 Timeline

Emilio Suarez Trashorras.Emilio Suarez Trashorras. [Source: Agence France-Presse / Getty Images]Spanish government officials announce that the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) were funded largely by drug money. The bombers bought the explosives from a criminal using drugs as payment. The criminal, Emilio Suarez Trashorras, will turn out to also work as a government informant, informing about drug deals (see June 18, 2004)). The bombers also use profits from drug sales to rent an apartment, buy a car, and purchase the cell phones used as detonators in the bombs. No estimate is given as to just how much money the plotters made by selling drugs. But because of these profits the bombers apparently do not need any money from militants overseas. [Associated Press, 4/14/2004] One of the main bombers, Jamal Ahmidan, alias “El Chino,” was a long time dealer in hashish. [Irujo, 2005] Several months before the bombings, he shot someone in the leg for failing to pay for the drugs he had given them. [New York Times Magazine, 11/25/2007]

Entity Tags: Jamal Ahmidan, Emilio Suarez Trashorras

Timeline Tags: Complete 911 Timeline

A man thought to be Osama bin Laden offers European countries a truce, but the offer is rejected. Following bombings in Madrid, Spain, (see 7:37-7:42 a.m., March 11, 2004) a new audiotape featuring a voice thought to be bin Laden’s is released and addresses Europeans. After mentioning the occupation of Palestine, the voice says: “[W]hat happened to you on September 11 and March 11 are your goods returned to you. It is well known that security is a vital necessity for every human being. We will not let you monopolize it for yourselves.” The speaker compares actions by militant Islamists to those of the West and its allies, in particular the killing of a wheelchair-bound Hamas leader, and asks: “In what creed are your dead considered innocent but ours worthless? By what logic does your blood count as real and ours as no more than water? Reciprocal treatment is part of justice, and he who commences hostilities is the unjust one.” The voice also says, “This war is making billions of dollars for the big corporations, whether it be those who manufacture weapons or reconstruction firms like Halliburton and its offshoots and sister companies.” The speaker finishes by saying that his actions have been in response to the West’s alleged interference in Muslim lands: “For we only killed Russians after they invaded Afghanistan and Chechnya, we only killed Europeans after they invaded Afghanistan and Iraq, and we only killed Americans in New York after they supported the Jews in Palestine and invaded the Arabian peninsula, and we only killed them in Somalia after they invaded it in Operation Restore Hope.” [BBC, 4/15/2004; Laden, 2005, pp. 233-6]

Entity Tags: Osama bin Laden

Timeline Tags: Complete 911 Timeline

At a speech in Hershey, Pennsylvania, supporting the USA Patriot Act (see October 26, 2001), President Bush tells listeners that all US surveillance efforts are done with warrants from the Foreign Intelligence Surveillance Act (FISA) Court: “For years, law enforcement used so-called roving wire taps to investigate organized crime. You see, what that meant is if you got a wire tap by court order—and, by the way, everything you hear about requires court order, requires there to be permission from a FISA court, for example.… See, with court approval, we have long used roving wire taps to lock up monsters—mobsters. Now [with the Patriot Act in effect] we have a chance to lock up monsters, terrorist monsters.” [White House, 4/19/2004] The next day, Bush makes a similar claim during another pro-Patriot Act speech in Buffalo. He tells listeners: “[T]here are such things as roving wiretaps. Now, by the way, any time you hear the United States government talking about wiretap, it requires—a wiretap requires a court order. Nothing has changed, by the way. When we’re talking about chasing down terrorists, we’re talking about getting a court order before we do so. It’s important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution. But a roving wiretap means—it was primarily used for drug lords. A guy, a pretty intelligence drug lord would have a phone, and in old days they could just get a tap on that phone. So guess what he’d do? He’d get him another phone, particularly with the advent of the cell phones. And so he’d start changing cell phones, which made it hard for our DEA types to listen, to run down these guys polluting our streets. And that changed, the law changed on—roving wiretaps were available for chasing down drug lords. They weren’t available for chasing down terrorists, see? And that didn’t make any sense in the post-9/11 era. If we couldn’t use a tool that we’re using against mobsters on terrorists, something needed to happen. The Patriot Act changed that. So with court order, law enforcement officials can now use what’s called roving wiretaps, which will prevent a terrorist from switching cell phones in order to get a message out to one of his buddies.” [White House, 4/20/2004] Former AT&T senior technician Mark Klein (see July 7, 2009 and May 2004), who helped install the equipment used by the National Security Agency (NSA) and his firm to intercept foreign and domestic Internet communications (see January 16, 2004), will later say that Bush’s insistence that the administration gets court orders before wiretapping communications is false. AT&T, on behalf of the NSA, was monitoring “billions of messages a second,” Klein will write, all without court orders. [Klein, 2009, pp. 47-48] Klein will call Bush’s description of the surveillance program “disingenuous,” and continue: “They present it as about phone calls. They’re just watching a few bad people who make phone calls to al-Qaeda and the Middle East, and you notice they don’t talk about the Internet hardly at all. That part of it hasn’t been revealed, because if they did, Americans would realize it’s not just a few people; it’s everybody, because the data they’re handing over is not selected out. When you run fiber optics through a splitter and you send all that data to a secret room, there’s no selecting going on there at all.… They have no way of sifting it out unless they look through it later. Now they can claim, ‘Oh, we are right as rain; we’re only doing the legal thing and selecting out a few people that we’re legally entitled to,’ but that’s only after they get all the data. The analogy I use: If the government claims: ‘Well, when you do your taxes, why don’t you just write me a blank check and we’ll fill in the amount? Don’t worry. We’ll do it legal. We’ll fill in the right amount,’ would you do that? Nobody would trust the government by writing a blank check to them. It’s the same thing with the data we’re giving them.… [T]he Fourth Amendment specifically bans general warrants. It calls for specific warrants in which the things to be seized and the persons to be seized are specifically named. There’s a reason for that. It’s to protect against arbitrary government power. And what they’ve done is to trample over the Fourth Amendment by basically instituting a general warrant on the Internet.” [PBS Frontline, 5/15/2007]

Entity Tags: Foreign Intelligence Surveillance Court, Mark Klein, National Security Agency, George W. Bush

Timeline Tags: Civil Liberties

A Supreme Court Justice, during the oral arguments in the cases of Jose Padilla and Yaser Esam Hamdi, asks how the Court can be certain that government interrogators are not abusing detainees. Deputy Solicitor General Paul Clement answers that the court will have to “trust the executive to make the kind of quintessential military judgments that are involved in things like that.” [First, 6/2004 pdf file] The government’s legal strategy is so inflexible in part because of Vice President Cheney, who through his lawyer David Addington refuses to allow the Justice Department to budge from its intransigent position. For months, Solicitor General Theodore Olson and his deputy, Clement, have pled for modest shifts in policy that would bolster their arguments in court. Hamdi has languished in a Navy brig for two and a half years without a hearing or a lawyer. British citizen Shafiq Rasul has been held under similar conditions at Guantanamo for even longer (see November 28, 2001 and January 11, 2002-April 30, 2002). Olson says that Cheney’s position—the president has unlimited authority to order the indefinite detention of anyone suspected of terrorist activity without benefit of counsel or any judiciary intervention—would be easier to argue in court if he could “show them that you at least have some system of due process in place” to ensure against wrongful detention, according to a senior Justice Department official familiar with the issue. But Addington wins the argument, overriding Olson and the Justice Department by his arguments that any such retreat would restrict the freedom of future presidents and open the door to further lawsuits. The Supreme Court will find against Cheney in both the Hamdi (see June 28, 2004) and Rasul (see June 28, 2004) cases. Olson will resign as solicitor general 11 days later. [Washington Post, 6/25/2007]

Entity Tags: US Department of Justice, David S. Addington, Jose Padilla, Paul Clement, Richard (“Dick”) Cheney, Theodore (“Ted”) Olson, Shafiq Rasul, Yaser Esam Hamdi, US Supreme Court

Timeline Tags: Torture of US Captives

Senior AT&T technician Mark Klein (see July 7, 2009) accepts a buyout package from his firm and retires. Klein, disheartened by the illegal AT&T/NSA wiretapping operation he has documented (see January 16, 2004), decides to keep the documents he has collected over the years (see Fall 2003 and Late 2003), the “hard proof” of the operation, he will later write, “in case there was some change in the political winds that would enable me to come forward and expose… the crimes which I knew were being committed.” [Klein, 2009, pp. 44]

Entity Tags: Mark Klein, AT&T

Timeline Tags: Civil Liberties

CIA Director George Tenet informs National Security Adviser Condoleezza Rice that the agency has been holding an innocent German named Khalid el-Masri at a black site for several months (see January 23 - March 2004). Rice’s demeanor during the meeting will be described as “very flat, as always,” and after hearing the story she says slowly, “Okay.” Tenet then explains the plan to conduct a “reverse rendition,” releasing el-Masri with a large amount of cash, but with no explanation to anyone, including the German government. Rice disagrees with the plan. “Your plan won’t work. We have to tell the Germans. We can’t put the president in the position of telling a lie to our allies,” she says. Deputy Secretary of State Richard Armitage is also consulted about the matter, and agrees with Rice’s assessment. [Mayer, 2008, pp. 286]

Entity Tags: Condoleezza Rice, Central Intelligence Agency, Khalid el-Masri, Richard Armitage, George J. Tenet

Timeline Tags: Torture of US Captives

Vice Adm. Albert T. Church III, the navy inspector general, visits Guantanamo Bay in order “to ensure that [Donald Rumsfeld’s] orders with respect to detainees at GTMO [Guantanamo] and Charleston were being carried out” (see May 3, 2004) He conducts over 100 interviews among Guantanamo prison staff and does 43 at random under oath testimonies. Questions asked include: “Have you seen any abuse, have you heard of any abuse, do you know anybody who has seen abuse, would you report abuse if you saw it, would you feel free to come forward if you see anything that doesn’t look right.” [US Department of Defense, 5/12/2004]

Entity Tags: Albert T. Church III, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Attorney Brandon MayfieldAttorney Brandon Mayfield [Source: MSNBC]Attorney Brandon Mayfield of Portland, Oregon, is taken into custody by the FBI in connection with the March 11 bomb attacks in Madrid (see 7:37-7:42 a.m., March 11, 2004). His detention is based on information from Spanish authorities that he had some involvement in the train bombings that killed 191 people and wounded more than 1,800. FBI sources say Mayfield’s fingerprints were found on a plastic bag with bomb-related material that is being considered as evidence in the train bombing. Sources say he had been under constant surveillance. Mayfield is an Islamic convert. [CNN, 5/7/2004] He is jailed for 14 days as a material witness to a terrorism investigation. The status of “material witness” means that he can be held without charge. The FBI affidavit that led to his arrest claims the fingerprint to be a “100 percent positive” match to the print on the bag. Officials say it is an “absolutely incontrovertible match.” However, Spanish authorities express their doubts about US claims and announce in late May that they have matched the fingerprint to an Algerian, Ouhnane Daoud. Flaws in the US investigation rapidly become apparent. The FBI did not examine the original fingerprint evidence until after the Spanish announcement. Four FBI examiners “concurred that the latent fingerprint had multiple separations; that it was divided by many lines of demarcation possibly caused by creases in the underlying material, multiple touches by one or more fingers, or both,” according to court records. The examiners conclude that the digital copy the FBI was working from was “of no value for identification purposes.” The FBI comes under heavy media criticism for its material witness detainment policy and its use of scant and/or secret evidence. The competence of the investigators is called into question due to the lack of attention paid to the concerns of the Spanish investigators. [Portland Tribune, 5/28/2004] Mayfield is never charged, and the Justice Department later issues a formal apology for the intense and invasive investigation, as well as a $2 million settlement. In an unprecedented element of the settlement, the FBI agrees to destroy communication intercepts from the investigation. Mayfield contends that he was a victim of profiling and strongly criticizes the investigation. He says “I, myself, have dark memories of stifling paranoia, of being monitored, followed, watched, tracked. I’ve been surveilled, followed, targeted primarily because I’ve been an outspoken critic of this administration and doing my job to defend others who can’t defend themselves, to give them their day in court, and mostly for being a Muslim.” [CNN, 11/30/2006] The official apology mentions that, “The FBI has implemented a number of measures in an effort to ensure that what happened to Mr. Mayfield and the Mayfield family does not happen again.” [Washington Post, 11/29/2006]

Entity Tags: Brandon Mayfield, Federal Bureau of Investigation, Ouhnane Daoud, US Department of Justice

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives

Albert T. Church III.Albert T. Church III. [Source: US Navy]Vice Adm. Albert T. Church III reports to journalists the results of his review of prison operations at Guantanamo conducted the week before (see May 6-7, 2004). He finds: “There is a very, we have a very professional organization in place. With very detailed and understood roles and responsibilities. Strong leadership, strong chain of command, and a very positive command climate. The directions to the secretary of defense with respect to humane treatment of detainees and the interrogation techniques were being carried out as best we could determine.” Over a period going back to 2002, he only finds eight cases of mistreatment, which he repeatedly refers to as “minor infractions.” Four of the eight cases involved guards; three involved interrogators; and one involved a barber who gave a prisoner an “unauthorized” Mohawk-style haircut. Punishments, Church says, “ranged from admonishment to reduction in rate, and some cases maybe more.” One person, he says, was court-martialed. But, he says, “We found no evidence of current abuse….” Church says he is “very impressed” with the small amount of infractions by prison guards and interrogators, when taking into account the stressful conditions they were working under, “particularly when you look at the other side, the 14 incidents against the guards weekly.” He says he was told that each week on average prison personnel are the victim of about 14 acts of abuse by prisoners against guards: “verbal harassment, throwing of excrement, that type of thing.” [US Department of Defense, 5/12/2004] Church did not interview a single detainee during the course of his investigation. [Human Rights Watch, 6/2004]

Entity Tags: Donald Rumsfeld, Albert T. Church III

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

A native German speaker visits Khalid el-Masri in the US prison in Kabul but does not identify himself. “I asked him,” El-Masri recalls, “‘Are you from the German authorities?’ He says: ‘I do not want to answer that question.’ When I asked him if the German authorities knew that I was there, he answered: ‘I can’t answer this question.’” What the German is able to tell him, is that one of the obstacles to his release is that the Americans do not want to leave any evidence that el-Masri has ever been in the prison. [Guardian, 1/14/2005]

Entity Tags: Khalid el-Masri

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Complete 911 Timeline, Civil Liberties

Newsweek reveals the existence of the January 9, 2002 draft memo written by Justice Department lawyers John Yoo and Robert Delahunty (see January 9, 2002). [Newsweek, 5/21/2004]

Entity Tags: Robert J. Delahunty, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

The US Ambassador to Germany Daniel Coats tells German Interior Minister Otto Schily that the CIA has been holding an innocent German citizen named Khalid el-Masri at a black site for several months (see January 23 - March 2004) and shortly plans to release him (see May 29, 2004). The CIA had intended to keep this information from the German authorities (see (May 2004)), but the Germans are told at the suggestion of National Security Adviser Condoleezza Rice and Deputy Secretary of State Richard Armitage (see (May 2004)). According to author Jane Mayer, Schily is “extremely unhappy” at hearing the news and makes it clear that he would have preferred not to have known. “Why are you telling me this?” he asks. “My secretary is here—taking notes! Now there’s a record! It will get out—it will become a German political issue. I’ll have to face investigations—I’ll have to testify in front of the Bundestag! Why didn’t you just let him go, give him some money, and keep it quiet?” [Mayer, 2008, pp. 286]

Entity Tags: Otto Schily, Daniel Coats

Timeline Tags: Torture of US Captives

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

Entity Tags: Khalid el-Masri

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties, Domestic Propaganda

Deputy Attorney General James B. Comey Jr. releases a newly declassified Pentagon report that states that al-Qaeda “master planner” Khalid Shaikh Mohammed was “very skeptical” about Jose Padilla’s dirty bomb plan when they met in Pakistan in March 2002, and suggested instead that Padilla bomb apartment buildings through conventional means. Padilla tells US interrogators later that he “proposed the dirty-bomb plot only as a way to get out of Pakistan and avoid combat in Afghanistan, yet save face with Abu Zubaida” (see May 8, 2002). He says he also had “no intention of carrying out the apartment-building operation.” Nevertheless, the release of the Pentagon report is apparently intended to draw attention to Padilla’s high-level al-Qaeda connection in an attempt to influence deliberations by the Supreme Court on the Padilla case. [Newsweek, 6/9/2004] Comey and other government officials admit that Padilla’s alleged confession can never be used as evidence in court, because Padilla made the statements without ever being informed of his legal rights. The government had consistently refused to discuss how Padilla was interrogated, claiming that to make that knowledge public would assist al-Qaeda in preparing countermeasures for other operatives who might be captured in the future. Defense lawyers and civil rights experts believe that the government may have used illegal methods in interrogating Padilla. The criminal charges eventually filed against Padilla will make no mention of the allegations of planning to detonate a radioactive “dirty bomb” or of any plans to blow up apartment buildings. [Newsweek, 2/28/2007] The release of the Pentagon report by the Justice Department is heavily criticized at the time as being an inappropriate interference of the executive with the judiciary branch. [New York Review of Books, 7/15/2004]

Entity Tags: Al-Qaeda, James B. Comey Jr., Abu Zubaida, Jose Padilla, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

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

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

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

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

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

Timeline Tags: Civil Liberties

Juan Jesus Sanchez Manzano.Juan Jesus Sanchez Manzano. [Source: PBS]It is revealed that the man accused of supplying the dynamite used in the March 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) was an informant who had the private telephone number of the head of Spain’s Civil Guard bomb squad. Emilio Suarez Trashorras, a miner with access to explosives, as well as an associate named Rafa Zouhier both regularly informed for the Spanish police, telling them about drug shipments. [New York Times, 4/30/2004; London Times, 6/19/2004] Trashorras began working as an informant after being arrested for drug trafficking in July 2001, while Zouhier became an informant after being released from prison early in February 2002. [Irujo, 2005, pp. 277-288] Shortly after the Madrid bombings, investigators discover that Trashorras’ wife Carmen Toro has a piece of paper with the telephone number of Juan Jesus Sanchez Manzano, head of Tedax, the Civil Guard bomb squad. She and her brother Antonio Toro are also informants (September 2003-February 2004). All four of them were arrested on charges of supplying the explosives for the Madrid bombings (see March 2003 and September 2003-February 2004). [New York Times, 4/30/2004; London Times, 6/19/2004] The London Times later comments, “The revelation has raised fresh concerns in Madrid about links between those held responsible for the March bombings, which killed 190 people, and Spain’s security services, and shortcomings in the police investigation.” [London Times, 6/19/2004] Trashorras will eventually be sentenced to life in prison for his role in the bombings, Zouhier will also get a ten or more year prison term, and the Toros will be acquitted (see October 31, 2007). [MSNBC, 10/31/2007]

Entity Tags: Rafa Zouhier, Juan Jesus Sanchez Manzano, Carmen Toro, Antonio Toro, Emilio Suarez Trashorras

Timeline Tags: Complete 911 Timeline

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