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Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath a second time (see March 5, 2004) before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to his later indictment (see October 28, 2005), Libby commits perjury during his testimony. (United States District Court for the District of Columbia 3/24/2004 pdf file; MSNBC 2/21/2007; Washington Post 7/3/2007) There is a certain amount of overlap in the subjects discussed in the two interviews.
Claims to Have Learned Identity from Reporter - Libby tells the jury that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see July 10 or 11, 2003). According to prosecutors’ later filings, Libby says: “Russert asked Libby if Libby was aware that Wilson’s wife worked for the CIA. Libby responded to Russert that he did not know that, and Russert replied that all the reporters knew it.” Russert will deny that he ever said anything of the kind to Libby (see February 7-8, 2007). (United States District Court for the District of Columbia 3/24/2004 pdf file; Brenner 4/2006) Libby testifies about a conversation he had with Cheney in the fall of 2003, when he complained that the White House was not making public statements exonerating him of responsibility for the leak (see Late September or Early October, 2003). Asked by prosecutor Patrick Fitzgerald if he had told Cheney about speaking to reporters regarding Plame Wilson, Libby responds: “I think I did. Let me bring you back to that period. I think I did in that there was a conversation I had with the vice president when all this started coming out and it was this issue as to, you now, who spoke to [columnist Robert] Novak (see July 14, 2003). I told the vice—you know, there was—the president said anybody who knows anything should come forward or something like that.… I went to the vice president and said, you know, ‘I was not the person who talked to Novak.’ And he [said] something like, ‘I know that.’ And I said, you know, ‘I learned this from Tim Russert.’ And he sort of tilted his head to the side a little bit and then I may have in that conversation said, ‘I talked to other—I talked to people about it on the weekend.’” Libby is most likely referring to his conversations with reporters Matthew Cooper (see 2:24 p.m. July 12, 2003) and Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003). Fitzgerald asks of the conversation with Cheney, “What did you understand from his gesture or reaction in tilting his head?” Libby replies: “That the Tim Russert part caught his attention. You know, that he—he reacted as if he didn’t know about the Tim Russert thing or he was rehearing it, or reconsidering it, or something like that.… New, new sort of information. Not something he had been thinking about.” Fitzgerald asks: “And did he at any time tell you, ‘Well, you didn’t learn it from Tim Russert, you learned it from me? Back in June you and I talked about the wife working at the CIA?’” Libby responds, “No.” Cheney confirmed Plame Wilson’s CIA status to Libby in June 2003 (see (June 12, 2003)). Fitzgerald asks, “Did he indicate any concern that you had done anything wrong by telling reporters what you had learned?” and Libby again responds, “No.” Libby tells Fitzgerald that he isn’t sure if he mentioned the Cooper and Miller leaks to Cheney. “I did tell him, of course, that we had spoken to the people who he had told us to speak to on the weekend. I think at some point I told him that.” (United States District Court for the District of Columbia 3/24/2004 pdf file; Waas 2/19/2007)
Fails to Disclose Leak to Reporter - In neither appearance before the grand jury does Libby disclose that he discussed Plame Wilson’s identity with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Instead, he testifies that he told Miller that he knew Plame Wilson had had some involvement in sending her husband to Niger (see February 21, 2002-March 4, 2002), but did not reveal her as a CIA agent because he was not aware of her CIA status. Libby is lying (see 12:00 p.m. June 11, 2003 and August 6, 2005). Libby also failed to disclose the conversations he had with Miller when he was twice interviewed by FBI agents working on the leak, in October and November 2003. Fitzgerald will not learn of Libby’s failure to disclose the conversations until late 2005, after Miller’s testimony before the court (see October 7, 2005). (United States District Court for the District of Columbia 3/24/2004 pdf file; Waas 10/11/2005; Waas 10/18/2005)
Libby 'Authorized' to Disclose Classified Information by Bush, Cheney - Libby also tells the grand jury that he had been “authorized” by President Bush, Cheney, and other White House “superiors” in the summer of 2003 to disclose classified information to journalists to defend the Bush administration’s use of prewar intelligence in making the case to go to war with Iraq. According to Libby’s testimony, Cheney authorized him to release classified information, including details of the October 2, 2002 National Intelligence Estimate (NIE—see October 1, 2002), to defend the administration’s use of prewar intelligence in making the case for war; Libby tells the jury that he had received “approval from the president through the vice president” to divulge material from the NIE. He testifies that one portion of the NIE he was authorized to divulge concerned Iraq’s purported efforts to develop nuclear weapons. Libby says that authorization from the president and vice president was “unique in his recollection.” According to court papers filed in regards to his indictment, Libby tells the jury “that he was specifically authorized in advance… to disclose the key judgments of the classified NIE to Miller” because Cheney believed it to be “very important” to do so. Libby adds “that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE.” It was then, he says, that Cheney advised him that Bush authorized the disclosure. Cheney told Libby that he, and not Cheney’s press spokeswoman Cathie Martin, should leak the classified information to the press. At the time of the disclosure, Libby says, he knew that only himself, Bush, and Cheney knew that portions of the NIE had been declassified; other senior Cabinet-level officials were not informed of the decision. Libby adds that an administration lawyer, David Addington, told him that Bush, by authorizing the disclosure of classified information, had in effect declassified that information. Many legal experts will disagree with that assessment. Libby considers Addington an expert on national security law. (United States District Court for the District of Columbia 3/24/2004 pdf file; Waas 2/6/2006; Waas 4/6/2006)
Libby's Testimony Met with Disbelief - The prosecutors interrogating Libby are incredulous and disbelieving of many of Libby’s claims. They do not believe his contention that he and Cheney never discussed Plame Wilson between July 6 and July 14—the dates of Wilson’s op-ed (see July 6, 2003) and Novak’s outing of Plame Wilson (see July 14, 2003), respectively. (Libby did indeed discuss Plame Wilson with Cheney and other White House officials during that time period—see July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and July 10 or 11, 2003). They do not believe Libby’s claim that he had “forgotten” about knowing Plame Wilson was a CIA official as early as June 2003 (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, and (June 12, 2003)). And they do not believe Libby’s claim that he had merely passed to Cheney a rumor he had heard from reporter Tim Russert about Plame Wilson’s CIA status (see July 10 or 11, 2003). (United States District Court for the District of Columbia 3/24/2004 pdf file; Waas 1/12/2007)
Drastic Change in Behavior - Steven Aftergood, a senior analyst with the Federation of American Scientists and an expert on government secrecy and classification issues, says that in disclosing the classified information, Libby “presents himself in this instance and others as being very scrupulous in adhering to the rules. He is not someone carried on by the rush of events. If you take his account before the grand jury on face value, he is cautious and deliberative in his behavior. That is almost the exact opposite as to how he behaves when it comes to disclosing Plame [Wilson]‘s identity. All of a sudden he doesn’t play within the rules. He doesn’t seek authorization. If you believe his account, he almost acts capriciously. You have to ask yourself why his behavior changes so dramatically, if he is telling the truth that this was not authorized and that he did not talk to higher-ups.” (Waas 6/14/2006)

Richard Clarke sworn in before the 9/11 Commission.Richard Clarke sworn in before the 9/11 Commission. [Source: CBC]Former counterterrorism “tsar” Richard Clarke testifies before the 9/11 Commission. Due to publicity generated by the publication of his book and a controversial appearance on 60 Minutes (see March 21, 2004), it is, in the words of author Philip Shenon, a “true Washington spectacle” and “one of those moments in the capital when anyone of importance in the city [is] in front of a television set.” Shenon will add, “It was being compared by reporters to the sort of drama that John Dean’s testimony provided in Watergate or Lieutenant Colonel Oliver North’s testimony offered in the Iran-Contra affair.” (Shenon 2008, pp. 281-282)
Clarke Offers Apology - Clarke’s opening statement consists of little more than an apology to the relatives of the 9/11 victims. He says: “Your government failed you, those entrusted with protecting you failed you, and I failed you. For that failure, I would ask… for your understanding and forgiveness.” This leads to a moment of silence, then gasps and sobs. Shenon will point out, “It was the first apology that the 9/11 families had heard from anybody of importance in the Bush administration,” adding that it “was the moment of catharsis that many of the wives and husbands and children of the victims had been waiting for.”
Praises Clinton, Criticizes Bush - Under questioning, Clarke praises the Clinton administration, saying, “My impression was that fighting terrorism, in general, and fighting al-Qaeda, in particular, were an extraordinarily high priority in the Clinton administration—certainly no higher priority.” But he is very critical of the Bush administration, stating, “By invading Iraq… the president of the United States has greatly undermined the war on terrorism.” He says that under Bush before 9/11, terrorism was “an important issue, but not an urgent issue.… [CIA Director] George Tenet and I tried very hard to create a sense of urgency by seeing to it that intelligence reports on the al-Qaeda threat were frequently given to the president and other high-level officials. But although I continue to say it was an urgent problem, I don’t think it was ever treated that way.” He points out that he made proposals to fight al-Qaeda in late January 2001. While the gist of them was implemented after 9/11, he complains, “I didn’t really understand why they couldn’t have been done in February [2001].” He says that with a more robust intelligence and covert action program, “we might have been able to nip [the plot] in the bud.”
Republican Commissioners Ask Tough Questions - However, Clarke faces tough questioning from some of the Republican commissioners. Jim Thompson, who had been in contact with the White House before the hearing (see Morning, March 24, 2004), challenges Clarke over a briefing he gave in 2002 (see August 22, 2002 and March 24, 2004), which, according to Thompson, contradicts what Clarke is saying now. In addition, fellow Republican John Lehman confronts Clarke over what he sees as discrepancies between Clarke’s book and his private interviews with the Commission. Clarke replies that the differences arose because the Commission did not ask him about all the issues he covered in his book, such as his opposition to the invasion of Iraq. He adds that he will not accept any position in any administration formed by Democratic presidential candidate John Kerry.
Clarke Approved Saudi Flights - Clarke also clears up a mystery about the departure of Saudi Arabian nationals after the attacks, which has caused some controversy (see September 14-19, 2001), saying that he was the White House official that approved them. He did this after clearing it with the FBI, although he does not know “what degree of review the FBI did over those names.” (Branigin, Barbash, and Pincus 3/24/2004; Bumiller and Miller 3/24/2004; 9/11 Commission 3/24/2004; Shenon 2008, pp. 282-289)
Testimony 'Arresting' - Author and media critic Frank Rich will later call Clarke’s testimony “arresting.” Rich will write that Clarke’s forceful, confident demeanor—“sonorous voice, secret-agent aura, and vaguely intimidating body language”—serves to brush back antagonistic Republicans such as Lehman and Thompson. Rich will write that the juxtaposition of Clarke’s damning testimony with President Bush’s bizarre comedy routine that same evening (pretending to hunt for Iraqi WMD under the Oval Office furniture—see March 24, 2004) is jarring. (Rich 2006, pp. 114-119)

At a campaign appearance in New Hampshire, President Bush refers to the 9/11 attacks, saying, “Had I known that the enemy was going to use airplanes to strike America, to attack us, I would have used every resource, every asset, every power of this government to protect the American people.” He also suggests that his predecessor, Democrat Bill Clinton, was more to blame for the attacks than he was, as the 9/11 Commission is looking at “eight months of my administration and the eight years of the previous administration.” This speech comes one day after his former counterterrorism “tsar,” Richard Clarke, had given damaging high-profile testimony to the Commission (see March 24, 2004). Author Philip Shenon will comment that Bush “was apparently hoping that his audience would forget that the August 6 [Presidential Daily Brief item (see August 6, 2001)] had warned specifically that planes might be hijacked by al-Qaeda within the United States.” (Shenon 2008, pp. 289)

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)

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. (Lamb 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).

Shehzad Tanweer (left) and Mohammad Sidique Khan (right) monitored at the Toddington Services gas station on February 2, 2004.Shehzad Tanweer (left) and Mohammad Sidique Khan (right) monitored at the Toddington Services gas station on February 2, 2004. [Source: Metropolitan Police]On March 29, 2004, 18 men suspected of involvement in an al-Qaeda linked fertilizer bomb plot are arrested in raids across Britain. Five of them, including head bomber Omar Khyam, will later be convicted and sentenced to life in prison for roles in the plot (see Early 2003-April 6, 2004). Dozens more have been monitored in recent months as part of Operation Crevice, the effort by the British intelligence agency MI5 to foil the plot. Of those not arrested, 15 are classified as “essential targets” deserving heavy surveillance. An additional 40 are classified as “desirables,” with a lower level of surveillance. Mohammad Sidique Khan and Shehzad Tanweer, future suicide bombers in the 7/7 London bombings, are both placed in the “desirables” group. Khan and Tanweer had been monitored repeatedly meeting and talking on the phone with head bomber Khyam. Khan was overheard saying incriminating things, like how he might hold up a British bank with a shotgun (see February 2-March 23, 2004). Incredibly, he was even recorded discussing how to build a bomb, his desire to leave Britain after the bomb went off, plans to wage jihad (holy war), and plans to attend al-Qaeda training camps in Pakistan (see May 13-14, 2006). But within weeks of the arrests of Khyam and the others, MI5 is distracted by another big surveillance operation focusing on Dhiren Barot, who is considered an important al-Qaeda leader living in Britain. As a result, the remaining Operation Crevice suspects are given lower priority and in fact Khan and Tanweer allegedly are not monitored at all. Additionally, even though MI5 knows the exact address where Khan lives, local police forces (which are not distracted by the Barot case) are not told that there are potential terrorism suspects who should be monitored. (McGrory et al. 5/1/2007) Investigators will gather information about Khan’s car registration briefly in early 2005 and will learn his full name if they do not know it already, but it seems this will not lead to any more surveillance (see January 27-February 3, 2005). Apparently, Khan is also linked to Barot in some way, yet he is not arrested at the same time Barot and others are in August 2004, and he and the other 7/7 bombers still are not monitored after that (see August 3, 2004). As of 2007, only one of the 15 “essential targets” will be jailed for terrorism-related activity. (Stringer 4/30/2007)

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)

Cover of Wilson’s ‘The Politics of Truth.’Cover of Wilson’s ‘The Politics of Truth.’ [Source: Barnes and Noble]Former ambassador Joseph Wilson, who helped disprove the White House’s claim that Iraq had attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and in turn had his wife, Valerie Plame Wilson, exposed as a CIA agent through a White House leak (see July 14, 2003, September 26, 2003, and September 30, 2003), publishes his book, The Politics of Truth: Inside the Lies that Led to War and Betrayed My Wife’s CIA Identity: A Diplomat’s Memoir. He had signed with a relatively small publisher, Carroll & Graf, after making a gentleman’s agreement with C&G editor Philip Turner, and refused to allow his literary agent to bid his book out for a larger advance in order to honor the agreement with Turner. According to Wilson’s wife, he worked relentlessly for four months to complete the book, eager to tell not just the story of his trip to Niger and his wife’s outing, but to write about his wide and varied diplomatic career in Africa and the Middle East (see September 5, 1988 and After, September 20, 1990, and Late November, 1990). (Wilson 2007, pp. 171-172) The book sells well and garners mostly positive reviews; for example, author and former White House counsel John Dean gives it a glowing review in the New York Times (see May 12, 2004). But right-wing supporters of the Bush administration quickly publish their own vilifications of Wilson and his book (see July 12, 2004). Plame Wilson will write in 2007: “Having lived through the first spate of attacks on Joe’s credibility and character in the wake of the leak, I thought I had acquired some armor. I was wrong. I knew the comments were politically motivated, but they were still painful to read, and once again we felt under siege.” Plame Wilson is particularly alarmed by the death threats made against her and her family by unidentified telephone callers, including one “seriously deranged person” who manages to talk to her four-year-old son for a moment. She asks the CIA for additional security measures to protect her children, a request that the agency will eventually deny. She will recall: “To say that the CIA response ‘disappointed’ me doesn’t begin to touch the betrayal that I felt. After [REDACTED] loyal service, I expected the agency to come through on its standing promise to protect its ‘family,’ something that had always been a point of CIA pride.… Clearly, I was on my own.” (Wilson 2007, pp. 178-180)

Tom Wilshire, a CIA officer involved in the failed watchlisting of hijackers Khalid Almihdhar and Nawaf Alhazmi (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and May 15, 2001) and the failure to obtain a search warrant for Zacarias Moussaoui’s belongings (see August 24, 2001), is interviewed by the 9/11 Commission. He tells them that nobody in the US intelligence community looked at the bigger picture and no analytic work foresaw the lightning that could connect the thundercloud [i.e. increased reporting that an al-Qaeda attack was imminent] to the ground [i.e. the cases that turned out to be connected to 9/11 such as the search for Almihdhar and Alhazmi, Zacarias Moussaoui, and the Phoenix memo]. The 9/11 Commission will agree with this and write in its final report: “Yet no one working on these late leads in the summer of 2001 connected the case in his or her in-box to the threat reports agitating senior officials and being briefed to the President. Thus, these individual cases did not become national priorities.” (9/11 Commission 7/24/2004, pp. 277) However, Wilshire was receiving such threat reporting. For example, he received a report that al-Qaeda was planning an Hiroshima-like attack (see Summer 2001). (Wright 2006, pp. 340) Wilshire also repeatedly suggested that Khalid Almihdhar may well be involved in the next big attack by al-Qaeda (see July 5, 2001, July 13, 2001, and July 23, 2001). For example, on July 23, 2001 he wrote: “When the next big op is carried out by [bin Laden] hardcore cadre, [al-Qaeda commander] Khallad [bin Attash] will be at or near the top of the command food chain—and probably nowhere near either the attack site or Afghanistan. That makes people who are available and who have direct access to him of very high interest. Khalid Almihdhar should be very high interest anyway, given his connection to the [redacted].” (US District Court for the Eastern District of Virginia, Alexandria Division 7/31/2006 pdf file)

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)

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)

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. (Sotero 3/21/2007; Sotero 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). (Wright 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). (Maroevic and Williams 12/1/2005)

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).

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. (Wright 7/26/2004; Irujo 2005, pp. 360-361; Sotero 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).

Spc. Casey Sheehan.Spc. Casey Sheehan. [Source: Associated Press]Specialist Casey Sheehan, an Eagle Scout, church group leader, and honor student who enlisted in the Army in 2000, dies during an ambush in Sadr City, Baghdad. Sheehan had been in Iraq for only two weeks. His death will drive his mother, Cindy Sheehan, to become a noted peace activist (see August 6, 2005 and After). Specialist Sheehan and six other American soldiers die during a rescue mission in Sadr City. Sheehan and his compatriots are left to fend for themselves by their Iraqi cohorts, newly trained militiamen who flee when fighters for Moqtada al-Sadr’s Mahdi Army attack their position. Sheehan’s death will become a powerful counterargument against claims by Defense Secretary Donald Rumsfeld and other Bush officials that “over 200,000 Iraqis… have been trained and equipped” and are “out on the front line taking the brunt of the violence.” Author and media critic Frank Rich will write that given the wildly inflated claims by Rumsfeld and others about the size and effectiveness of the Iraqi soldiers, and the increasing power wielded by al-Sadr, “[i]t is hard to see what Cindy Sheehan’s young son had died for.” (US Department of Defense 4/7/2004; Rich 2006, pp. 193-194) Mrs. Sheehan, as part of a group of bereaved family members who suffered their own losses in Iraq, will meet with President Bush soon after her son’s death, and come away dissatisfied and angry. Recalling the meeting, she will say: “We wanted [the president] to look at pictures of Casey, we wanted him to hear stories about Casey, and he wouldn’t. He changed the subject every time we tried. He wouldn’t say Casey’s name, called him, ‘your loved one.’” (Calvo and Chen 8/11/2005)

Condoleezza Rice sworn in before the 9/11 Commission.Condoleezza Rice sworn in before the 9/11 Commission. [Source: Larry Downing/ Reuters]National Security Adviser Condoleezza Rice testifies before the 9/11 Commission under oath and with the threat of perjury. The Bush administration originally opposed her appearance, but relented after great public demand (see March 30, 2004). (Buncombe 4/3/2004) The testimony is a huge media event and major television networks interrupt their programming to carry it live. First, the Commission’s Democratic Vice Chairman Lee Hamilton reads a statement trying to establish a tone of non-confrontation and saying that the Commission’s purpose is “not to put any witness on the spot,” but “to understand and to inform.”
Rice Reads Lengthy Statement - Knowing that she has a deal to appear only once and for a limited time, Rice begins by reading a statement much longer than those read by other witnesses testifying before the Commission, a move specifically approved by Hamilton and the Commission’s chairman Tom Kean. (Shenon 2008, pp. 293, 295) In the statement she repeats her claim that “almost all of the reports [before 9/11] focused on al-Qaeda activities outside the United States.… The information that was specific enough to be actionable referred to terrorists operation overseas.” Moreover, she stresses that the “kind of analysis about the use of airplanes as weapons actually was never briefed to us.” But she concedes: “In fact there were some reports done in ‘98 and ‘99. I think I was—I was certainly not aware of them.” (Washington Post 4/8/2004)
Heated Questioning from Democrats - The exchanges with the Republican commissioners are polite, but Rice’s interactions with the Democrats on the Commission become heated. According to author Philip Shenon, her strategy is to “try to run out the clock—talk and talk and talk, giving them no chance to ask follow-up questions before the 10 minutes that each of the commissioners had been allotted had run out.” (Shenon 2008, pp. 295) During questioning several subjects are discussed:
bullet Why didn’t counterterrorism “tsar” Richard Clarke brief President Bush on al-Qaeda before September 11? Clarke says he had wished to do so, but Rice states, “Clarke never asked me to brief the president on counterterrorism.”
bullet What was the content of the briefing President Bush received on August 6, 2001 (see August 6, 2001)? While Rice repeatedly underlines that it was “a historical memo… not threat reporting,” commissioners Richard Ben-Veniste and Tim Roemer ask her why it cannot therefore be declassified. (Washington Post 4/8/2004) Asked what the PDB item’s still-secret title is, Rice gives it as “Bin Laden Determined to Attack inside the United States,” leading to an audible gasp from the audience. (Shenon 2008, pp. 298) Two days later, the White House will finally publish it, and it will be shown to contain more than just historical information.
bullet Did Rice tell Bush of the existence of al-Qaeda cells in the US before August 6, 2001? Rice says that she does not remember whether she “discussed it with the president.”
bullet Were warnings properly passed on? Rice points out: “The FBI issued at least three nationwide warnings to federal, state, and law enforcement agencies, and specifically stated that although the vast majority of the information indicated overseas targets, attacks against the homeland could not be ruled out. The FBI tasked all 56 of its US field offices to increase surveillance of known suspected terrorists and to reach out to known informants who might have information on terrorist activities.” But commissioner Jamie Gorelick remarks: “We have no record of that. The Washington field office international terrorism people say they never heard about the threat, they never heard about the warnings.” (Washington Post 4/8/2004)
bullet Under questioning from Democratic commissioner Bob Kerrey, she admits that she worked with Philip Zelikow, the Commission’s executive director, during the Bush administration transition, and that they discussed terrorism issues.
bullet She claims that a plan Clarke presented to her to roll back al-Qaeda in January 2001 (see January 25, 2001) was not actually a plan, but merely “a set of ideas and a paper” that had not been implemented. (Shenon 2008, pp. 299-300)
Central Issues Unresolved - Rice does not apologize to the families of the victims of the 9/11 attacks, as Clarke did weeks earlier. The Associated Press comments, “The blizzard of words in Condoleezza Rice’s testimony Thursday did not resolve central points about what the government knew, should have known, did, and should have done before the September 11 terrorist attacks.” (Woodward 4/8/2004)
Testimony an 'Ambitious Feat of Jujitsu' - The Washington Post calls her testimony “an ambitious feat of jujitsu: On one hand, she made a case that ‘for more than 20 years, the terrorist threat gathered, and America’s response across several administrations of both parties was insufficient.’ At the same time, she argued that there was nothing in particular the Bush administration itself could have done differently that would have prevented the attacks of September 11, 2001—that there was no absence of vigor in the White House’s response to al-Qaeda during its first 233 days in office. The first thesis is undeniably true; the second both contradictory and implausible.” (unknown 4/9/2004)
'Cherry-Picking' Rice's Testimony - In 2009, Lawrence Wilkerson, who is chief of staff for Secretary of State Colin Powell in 2004, will recall: “John [Bellinger, the legal adviser to the National Security Council] and I had to work on the 9/11 Commission testimony of Condi. Condi was not gonna do it, not gonna do it, not gonna do it, and then all of a sudden she realized she better do it. That was an appalling enterprise. We would cherry-pick things to make it look like the president had been actually concerned about al-Qaeda. We cherry-picked things to make it look as if the vice president and others, Secretary Rumsfeld and all, had been. They didn’t give a sh_t about al-Qaeda. They had priorities. The priorities were lower taxes, ballistic missiles, and the defense thereof.” (Murphy and Purdum 2/2009)

Mohammed Junaid Babar.Mohammed Junaid Babar. [Source: CBS News]On April 10, 20004 a Pakistani-American al-Qaeda operative named Mohammed Junaid Babar is arrested by federal agents in Long Island City, New York. Babar has just flown to the US from Britain four days earlier, after a group of his associates were arrested for planning a fertilizer bomb plot (see March 2003 and After). Babar begins cooperating with the authorities almost immediately. He confesses to:
bullet Participating in the bomb plot.
bullet Meeting senior al-Qaeda leaders in the Pakistani tribal region.
bullet Buying supplies, including night-vision goggles, for al-Qaeda and Taliban militants.
bullet Passing funds to al-Qaeda from supporters in Britain.
bullet Setting up a militant training camp in Pakistan.
bullet Arranging lodging and transportation for recruits attending his camp.
Babar’s arrest is not immediately made public. On June 3, he secretly pleads guilty to charges of supporting a terrorist organization. His arrest is made public on June 11. He faces up to 70 years in prison, but will have his sentenced greatly reduced in return for fully cooperating and testifying against others. Babar grew up in the US, but went to Pakistan shortly after 9/11 to fight with al-Qaeda. He was interviewed on television there several weeks after 9/11 proudly proclaiming his desire to kill Americans, and as a result was put on a US watch list and monitored. He spent the next years traveling between Pakistan and Britain, and was even monitored heading to a secret al-Qaeda summit in Pakistan in March 2004 (see Early November 2001-April 10, 2004 and March 2004). (Arena 6/11/2004; Meyer, Krikorian, and Rempel 9/3/2004)

President Bush talks about the Presidential Daily Briefing (PDB) he was given on August 6, 2001, entitled “Bin Laden Determined to Strike in US.” He claims, “There was nothing in this report to me that said, ‘Oh, by the way, we’ve got intelligence that says something is about to happen in America.‘… There was nothing in there that said, you know, ‘There is an imminent attack.’ That wasn’t what the report said. The report was kind of a history of Osama’s intentions.” (Associated Press 4/12/2004) He adds, “[T]he PDB was no indication of a terrorist threat. There was not a time and place of an attack. It said Osama bin Laden had designs on America. Well, I knew that. What I wanted to know was, is there anything specifically going to take place in America that we needed to react to.… I was satisfied that some of the matters were being looked into. But that PDB said nothing about an attack on America. It talked about intentions, about somebody who hated America—well, we knew that.… Had I known there was going to be an attack on America, I would have moved mountains to stop the attack.” (US President 4/19/2004) The complete text of the PDB was released the day before Bush’s comments and in fact the PDB does very clearly discuss an imminent attack on the US. For instance, it says that FBI information “indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York.” And it discusses a call to a US “embassy in the UAE in May [2001] saying that a group of bin Laden supporters was in the US planning attacks with explosives” (see August 6, 2001).

9/11 Commissioner Jamie Gorelick is attacked for her role in extending the ‘wall’.9/11 Commissioner Jamie Gorelick is attacked for her role in extending the ‘wall’. [Source: Associated Press / Charles Dharapak]Attorney General John Ashcroft’s testimony before the 9/11 Commission (see April 13, 2004) sparks a wave of attacks against 9/11 Commissioner Jamie Gorelick, who was Deputy Attorney General during the Clinton administration. In 1995 Gorelick played a leading role in extending the “wall,” a set of procedures that regulated the passage of information from FBI intelligence agents to FBI criminal agents and prosecutors (see March 4, 1995 and July 19, 1995). Ashcroft calls the wall “the single greatest structural cause for September 11.” The attacks include:
bullet On April 14 James Sensenbrenner, chairman of the House Judiciary Committee, calls on Gorelick to resign because of her “crippling conflict of interest.” He says “the public cannot help but ask legitimate questions about her motives” and argues that the commission will be “fatally damaged” if she continues. Other Republican congresspersons repeat this call;
bullet On April 16 House Majority Leader Tom Delay writes to Commission Chairman Tom Kean saying Gorelick has a conflict of interest and accusing the commission of “partisan mudslinging, circus-atmosphere pyrotechnics, and gotcha-style questioning,” as well as undermining the war effort and endangering the troops;
bullet Criticism of Gorelick also appears in several media publications, including the New York Times, New York Post, National Review, Washington Times, and Wall Street Journal. For example, an op-ed piece published in the New York Times by former terrorism commissioners Juliette Kayyem and Wayne Downing says the commissioners are talking too much and should “shut up.” (McCarthy 4/13/2004; McCarthy 4/19/2004; Kean and Hamilton 2006, pp. 200-203)
bullet On April 22 Senator Christopher Boyd and ten other Republican senators write to the commission calling on Gorelick to testify in public;
bullet On April 26 Congressman Lamar Smith and 74 other Republicans write to Gorelick demanding answers to five questions about her time as deputy attorney general;
bullet On April 28 the Justice Department declassifies other memos signed by Gorelick;
bullet In addition to hate mail, Gorelick receives a bomb threat, requiring a bomb disposal squad to search her home.
Commission Chairmen Tom Kean and Lee Hamilton will call this an “onslaught” and say her critics used the wall “as a tool to bludgeon Jamie Gorelick, implicate the Clinton administration, and undermine the credibility of the commission before we had even issued our report.” Gorelick offers to resign, but the other commissioners support her and she writes a piece for the Washington Post defending herself. (Gorelick 4/18/2004; Kean and Hamilton 2006, pp. 200-205) When the commission meets President Bush and Vice President Cheney at the end of the month (see April 29, 2004), Bush tells Kean and Hamilton he does not approve of memos being declassified and posted on the Justice Department’s website. At this point, the commissioners realize “the controversy over Jamie Gorelick’s service on the commission was largely behind us.” That afternoon, the White House publicly expresses the president’s disappointment over the memos and the effort to discredit Gorelick loses momentum. (Kean and Hamilton 2006, pp. 208, 210)

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. (Elliott 11/25/2007)

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)

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)

Conservative radio host Rush Limbaugh informs his listeners of a Harris poll showing a majority of those surveyed believe that Saddam Hussein had weapons of mass destruction when the war began over a year before (see March 19, 2003). Limbaugh blames the misconception on the “liberal media,” not on the government officials and conservative pundits, including Limbaugh, who pushed the idea of Iraqi WMD on the public before the invasion (see July 30, 2001, Mid-September, 2001, Mid-September-October 2001, October 17, 2001, November 14, 2001, December 20, 2001, 2002, February 11, 2002, Summer 2002, July 30, 2002, August 26, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 12, 2002, September 12, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 19, 2002, January 2003, January 9, 2003, February 5, 2003, February 17, 2003, March 16-19, 2003, March 23, 2003, May 21, 2003, May 29, 2003, and June 11, 2003), and uses the incident to warn his listeners about getting their news from the “liberal media.” (Jamieson and Cappella 2008, pp. 151)

A courtroom illustration of Matthew Hale listening to instructions from Judge John Moody.A courtroom illustration of Matthew Hale listening to instructions from Judge John Moody. [Source: Verna Sadock / Getty Images]Matthew Hale, the leader of the World Church of the Creator (WCOTC—see May 1996 and After), is convicted of one count of solicitation of murder and three counts of obstruction of justice in regards to his attempt to solicit the murder of a judge (see January 9, 2003). Hale never testified on his own behalf. Defense counsel Thomas Anthony Durkin called no witnesses, saying the prosecution’s evidence was the weakest he had seen in a major case, arguing that Hale was set up by an FBI informant. Durkin says he will appeal, and will prove that prosecutors have been “out to get Hale” because of his suspected involvement in a shooting spree by WCOTC member Benjamin Smith five years ago (see July 2-4, 1999; the jury heard audiotapes of Hale laughing about Smith’s murders and mocking the victims). US Attorney Patrick Fitzgerald, the lead prosecutor in the case, says the trial’s outcome proves “that we will not wait for the trigger to be pulled” before taking action. (Anti-Defamation League 2005; Associated Press 4/26/2005)

CIA Director George Tenet orders a suspension of waterboarding and some other aggressive interrogation techniques. Intelligence officials will later claim that the Abu Ghraib scandal publicized in April 2004 (see April 28, 2004), is a major factor in the decision. Additionally, the CIA’s Inspector General finishes a secret report around the same time the Abu Ghraib scandal breaks, an it suggests that many aggressive techniques may violate an international treaty against torture that the US has signed (see May 7, 2004). NBC News will later claim that the biggest reason is the worry: “Could CIA officials, including both the interrogators and their superiors, ultimately be prosecuted?” (Windrem 9/13/2007) The CIA approved a list of about 10 aggressive techniques, including waterboarding, in March 2002 (see Mid-March 2002), and used them on many high-ranking al-Qaeda detainees until this time (see March 28, 2002-Mid-2004). But the CIA suspends their use until the Justice Department can conduct a legal review. One former senior CIA official will say in June 2004, “Everything’s on hold. The whole thing has been stopped until we sort out whether we are sure we’re on legal ground.” (Priest 6/27/2004) In December 2004, the Justice Department will publicly issue a new and public memo allowing the use of some aggressive techniques (see December 30, 2004). Then, in February 2005, it will secretly issue another memo that goes further, and will even allow the CIA to use waterboarding again. The New York Times will later call it “an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency” (see February 2005). The CIA presumably then resumes using most of these techniques but it does not resume waterboarding, as it had already stopped doing that in 2003 (see May 2002-2003).

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

John E. Lewis of the FBI’s counterterrorism division tells the Senate Judiciary Committee of an “upswing in violent rhetoric and tactics” among ecoterrorists (see 1970s), and says that in recent years two specific organizations, the Animal Liberation Front (ALF—see 1976) and the Earth Liberation Front (ELF—see 1997), “have become the most active criminal extremist elements in the United States.” (Anti-Defamation League 2005)

Top: training camp surveillance photo of Hussain Osman, one of the ‘copycat’ bombers. Bottom: training camp attendee practicing with a stick for a rifle.Top: training camp surveillance photo of Hussain Osman, one of the ‘copycat’ bombers. Bottom: training camp attendee practicing with a stick for a rifle. [Source: Metropolitan Police, Telegraph]On May 2, 2004, an off-duty British policeman named Paul Burke accidentally discovers a militant training camp in the Lake District region of Britain while jogging through the countryside. He sees a man shouting orders to a group of about 20 men as they line up and put backpacks on. The man leading the group is an Islamic preacher named Mohammed Hamid. A surveillance team is brought in and the training is observed and videotaped. Burke sees a similar group of men training at the same spot on May 29, and a surveillance team monitors several more days of weekend training. Muktar Ibrahim, Yassin Omar, Ramzi Mohammed, and Hussain Osman—the four men who will later go on to stage the failed 21/7 London bombings (see July 21, 2005), the attempt to copycat the 7/7 London bombings (see July 7, 2005)—are among the trainees who are monitored. They are seen conducting military type maneuvers, including training with mock rifles. MI5 records another weekend of training at the same spot in August. Muktar Ibrahim, the lead 21/7 bomber, is again monitored there. Atilla Ahmet, an imam who took over from Abu Hamza al-Masri as leader of the Finsbury Park mosque after Abu Hamza was jailed for incitement to murder, also sometimes attends the training camp. All four of the 21/7 bombers attend the Finsbury Park mosque, and two of them are photographed there—Ramzi Mohammed in January 2004 and Ibrahim in August 2004. All four are also photographed with Ahmet at some point. Hamid and Ahmet hold meetings together every Friday at Hamid’s house where they encourage new recruits to attend weekend training camps in the New Forest, the Lake District, or Scotland, and paintballing sessions in Berkshire and Kent. Head trainer Hamid and head 21/7 bomber Ibrahim are close to each other and jointly operate a stall selling Islamic literature in Oxford Street in London. In October 2004, both of them are arrested following a disturbance at their stall. Ibrahim is caught after trying to run from police. Hamid resists arrest and reportedly tells police, “I’ve got a bomb and I’m going to blow you all up.” At the police station, Hamid only identifies himself as “Osama bin London,” but a fingerprint check reveals his real name and an extensive criminal record for theft and burglary. However, Ibrahim and Hamid are merely charged and then released. Ibrahim will be stopped in December at a London airport while attempting to fly to Pakistan, and he will be recognized from the training camp surveillance photos, but he will be allowed to take his flight anyway (see December 2004). He will fail to turn up for his court hearing because he is in Pakistan, where he will study bomb making at a training camp. Authorities will not come in contact with him again until after the 21/7 bombings. Hamid will remain free after the 7/7 and 21/7 bombings and will brazenly continue leading the occasional weekend training camps. A bug will finally be placed in his house in September 2005. An undercover agent will pose as a new recruit and attend the training camp in 2006. Hamid will finally be arrested later that year. Hamid, Ahmet, and a number of their associates will be convicted of criminal activity relating to the training camp in 2008. The Telegraph will later comment, “Mohammed Hamid groomed the would-be [21/7] suicide bombers under the noses of watching police [and] security services.” (Gardham 10/17/2007; Gardham 2/27/2008; Gardham 2/27/2008; Campbell 3/8/2008)

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

The grave of James Byrd Jr., an African-American brutally murdered by white supremacists in 1998 (see June 7, 1998 and After), is desecrated. Vandals carve racial slurs into Byrd’s headstone and kick it over. This is the second time Byrd’s grave has been desecrated; shortly after his burial in his hometown of Jasper, Texas, vandals stole a metal nameplate from the grave. Two white teenagers from the nearby town of Call will be arrested for the desecration. Joshua Lee Talley, 19, and John Matthew Fowler, 18, will be charged with criminal mischief. (Barnes 5/8/2004; Barnes 5/12/2004)

The FBI re-interviews Ayaad Assaad, who was the target of a letter sent just before the 2001 anthrax attacks that seemed to point to him as being responsible for those attacks (see October 2, 2001). Assaad was interviewed about this shortly after the letter was sent (see October 3, 2001), and this is the second time the FBI has questioned him. The FBI tells him that he is not a suspect but they are interested in where he was when the anthrax letters were mailed. He gives documentation showing that he was in the Washington, DC, area at the time. He is also asked about his knowledge of producing anthrax. Assaad, who has been working at the Environmental Protection Agency since 1997 (see May 9, 1997), is an expert on the toxin ricin, and says he has never handled anthrax. He also says he has never been vaccinated against anthrax. He believes the FBI indeed is not interested in him as a suspect but as someone the anthrax attacker or attackers may have tried to frame. (Associated Press 5/16/2004) Officially, the government has consistently claimed that the letter had nothing to do with the anthrax attacks and was just a strange coincidence. But CNN reports, “government sources said the interest in Assaad centers on the [anonymous] letter and the theory that whoever mailed it could have also been involved in sending the anthrax letters. ‘It is one of several out there,’ one source said when asked how accepted that theory is. ‘No one has been ruled out.’” (Bohn and Arena 5/17/2004) Assaad claims that prior to this interview, he had contacted the FBI four times over the past two and a half years, offering to tell what he knows about his former colleagues who might have sent the letter. But he says he was rebuffed all four times. (Dolan and Altimari 5/16/2004)

Author and former Nixon White House counsel John Dean reviews former ambassador Joseph Wilson’s new book, The Politics of Truth (see April 2004). Dean, who has long been a fierce critic of the Bush administration, uses the review to examine aspects of the controversy surrounding the White House’s disproven claim that Iraq attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and the outing of Wilson’s wife as a CIA agent through a White House leak (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, Before July 14, 2003, and July 14, 2003). Dean calls the book “riveting and all-engaging… provid[ing] context to yesterday’s headlines, and perhaps tomorrow’s, about the Iraq war and about our politics of personal destruction,” as well as detailed information about Wilson’s long diplomatic service in Africa and the Middle East, and what Dean calls “a behind-the-scenes blow-by-blow of the run-up to the 1991 Persian Gulf war.”
'Anti-Dumb-War' - Dean also admires Wilson’s opposition to the Iraq war, saying that “Wilson is not antiwar. Rather, he is ‘anti-dumb-war’” and noting that while Wilson is not himself particularly conservative (or liberal), he considers the neoconservatives who make up the driving force in President Bush’s war cabinet “right-wing nuts.”
'Vicious Hatchet Job' - Dean quickly moves into the White House-orchestrated attempt to besmirch Wilson’s credibility, calling it “the most vicious hatchet job inside the Beltway since my colleague in Richard Nixon’s White House, the dirty trickster Charles W. Colson, copped a plea for defaming Daniel Ellsberg and his lawyer (see June 1974).… It was an obvious effort to discredit Wilson’s [Niger] report, and, Wilson believes, a you-hurt-us-we-will-hurt-you warning to others.” While Wilson writes with passion and anger about the outing of his wife, he restrains himself from giving too many personal details about her, relying instead on material already revealed in press interviews and reports. Dean notes that Wilson believes his wife’s name was leaked to the press by any or all of the following White House officials: Lewis “Scooter” Libby, the chief of staff to Vice President Dick Cheney; Karl Rove, Bush’s chief political strategist; and Elliott Abrams, a national security adviser and former Iran-Contra figure (see October 7, 1991). Though Dean is correct in noting that Wilson comes to his conclusions “based largely on hearsay from the Washington rumor mill,” he will be proven accurate in two out of three of his assertions (see July 8, 2003, 11:00 a.m. July 11, 2003, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Wilson continues to fight attacks from Bush supporters, but, Dean notes, if they actually read his book, “they should understand that they have picked a fight with the wrong fellow.” (Dean 5/12/2004)

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. (Isikoff and Hosenball 5/20/2008)

In a talk given at UCLA’s Center for International Relations, retired General Anthony Zinni, the former commander of the US military’s Central Command (CENTCOM - see April 17, 2003 and After and January 2003), discusses his early planning for the overthrow of Iraq’s Saddam Hussein and the inevitable chaos that would ensue, in plans called “Desert Crossing” (see April-July 1999). Zinni began working on the plans shortly after 1998’s “Desert Fox” bombing campaign (see December 16-19, 1998).
Plans to Overthrow, No Plans to Reconstruct - He recalls: “[I]t struck me then that we had a plan to defeat Saddam’s army, but we didn’t have a plan to rebuild Iraq. And so I asked the different agencies of government to come together to talk about reconstruction planning for Iraq.… I thought we ought to look at political reconstruction, economic reconstruction, security reconstruction, humanitarian need, services, and infrastructure development. We met in Washington, DC. We called the plan, and we gamed it out in the scenario, Desert Crossing.”
Many of Subsequent Problems Envisioned - Zinni says that he and his team envisioned many of the problems encountered after the March 2003 invasion and subsequent toppling of the Iraqi government: “The first meeting surfaced all the problems that have exactly happened now. This was 1999. And when I took it back and looked at it, I said, we need a plan. Not all of this is a military responsibility. I went back to State Department, to the Office of Foreign Disaster Assistance, Department of Commerce, and others and said, all right, how about you guys taking part of the plan. We need a plan in addition to the war plan for the reconstruction. Not interested. Would not look at it.” Zinni, he recalls, decided to have the plans created himself, “because I was convinced nobody in Washington was going to plan for it, and we, the military, would get stuck with it.”
Zinni Plans Ignored by Bush Planners - Before the invasion, he recalls, he recommended that the military planners go back and look at his plans: “When it looked like we were going in [to Iraq], I called back down to CENTCOM and said, ‘You need to dust off Desert Crossing.’ They said, ‘What’s that? Never heard of it.’ So in a matter of just a few years it was gone. The corporate memory. And in addition I was told, ‘We’ve been told not to do any of the planning. It would all be done in the Pentagon.’” Zinni’s original plans called for a civilian occupation authority with offices in all 18 Iraqi provinces; the current Coalition Provisional Authority only has one set of offices, in Baghdad’s Green Zone. And Zinni’s plans called for around 400,000 troops, instead of the 160,000 Defense Secretary Donald Rumsfeld approved. (John Prados 11/4/2006)

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

The 9/11 commissioners meet with John Farmer, head of the Commission’s team investigating the emergency response on 9/11, to discuss their strategy for hearings in New York on the next two days, when former New York City Mayor Rudy Giuliani’s performance before the attacks will be discussed. Farmer and his team have worked up a list of pages and pages of questions (see Before May 17, 2004) about why Guiliani built his emergency response center next to a top terrorist target, about city radios that failed to work on 9/11, miscommunication between the police and the fire departments, and 911 telephone operators who told people trapped in the Word Trade Center to remain where they were, instead of trying to escape. However, Farmer is aware that tough questioning could be fraught with danger, given Giuliani’s hero status after the attacks. According to author Philip Shenon, he tells the commissioners that “they need[…] to be careful; they need[…] to remember where they [are],” because “[New York]‘s not Washington. It’s different here.” Shenon will add: “Farmer told the commissioner[s] that they should ask tough questions, but they should be careful not to give a platform to Giuliani and his loyalists to counterattack; John Ashcroft’s campaign against [commissioner] Jamie Gorelick (see April 13-April 29, 2004) would look like a ‘garden party’ by comparison. The city’s take-no-prisoners tabloid newspapers were Giuliani’s defenders, and they could be expected to weigh in to defend him if the Commission’s questioning of the former mayor became too fierce.” (Shenon 2008, pp. 350-351)

Conservative radio host Michael Savage marks the 50th anniversary of the historic civil rights case Brown v. Board of Education by saying, “Everything about [the case] is sickening.” Savage criticizes President Bush for “trying to outmaneuver [Democratic presidential candidate John] Kerry on the race issue” by being photographed “hugging people of color” at a church in Birmingham, Alabama. Savage calls the idea that there is racism in America “left-wing brainwashing.… [W]hat, racism still exists? Well okay, where does it still exist? Can you tell me of some minority here who can’t get ahead in this country if he’s smart, or she’s smart, and she pushes, as much as a white person?… In fact they’re given priority treatment everywhere, you know that.” Savage calls a recent claim by Kerry that schools remain underfunded and divided by income “rubbish, pure rubbish,” and implies that African-American children will perform at lower levels than their white counterparts no matter how equal funding is: “I can show you one minority school after another, with more funding per capita than surrounding, suburban white schools, and the kids still do badly. Okay? Take that—put that in your pipe and smoke it, and go explain it to yourself, because I know the reasons why.” (Media Matters 5/21/2004)

Rudolph Giuliani testifying before the 9/11 Commission.Rudolph Giuliani testifying before the 9/11 Commission. [Source: Gotham Gazette]The second day of the 9/11 Commission hearings about the emergency response on the day of the attacks is dominated by questioning of former New York Mayor Rudy Giuliani, which Commission Chairman Tom Kean and Vice Chairman Lee Hamilton will describe as the Commission’s “low point.” (Kean and Hamilton 2006, pp. 226-228) Giuliani had become a hero after the attacks, winning the Time magazine Person of the Year award, and the Commission was aware that it had to be careful about how it handled material it had uncovered putting him in a bad light (see Before May 17, 2004 and May 18, 2004). (Pooley 12/22/2001) However, commissioner John Lehman had attacked the city’s preparedness the previous day, leading to a major row (see May 18, 2004). Author Philip Shenon will describe the hearing as a “Rudy Giuliani lovefest,” pointing out that, “Many of the questions directed at Giuliani by the commissioners barely qualified as softballs, they were so gentle.” (Shenon 2008, pp. 355-356)
'The Captain Was on the Bridge' - Kean and Hamilton will admit that every commissioner “opens his or her questioning with lavish praise.” For instance, Richard Ben-Veniste says, “Your leadership on that day and in the days following gave the rest of the nation, and indeed the world, an unvarnished view of the indomitable spirit and the humanity of this great city, and for that I salute you.” Jim Thompson thanks Giuliani for “setting an example to us all.” Lehman says: “There was no question the captain was on the bridge.” Kean says, “New York City on that terrible day in a sense was blessed because it had you as a leader.” (Kean and Hamilton 2006, pp. 226-228)
'Stop Kissing Ass!' - However, Giuliani suggests that hundreds of firefighters died when the North Tower collapsed because they had chosen to remain in the building, not because they had not received the order to evacuate due to problems with their radio system. This angers some of the audience members, who shout out, “Talk about the radios!” “Put one of us on the panel—just one of us!” “Stop kissing ass!” and: “My brother was a fireman, and I want to know why three hundred firemen died. And I’ve got some real questions. Let’s ask some real questions. Is that unfair?” (Shenon 2008, pp. 355-356)
'We Did Not Ask Tough Questions' - Kean and Hamilton will later write: “The questioning of Mayor Giuliani was a low point in terms of the Commission’s questioning of witnesses at our public hearings. We did not ask tough questions, nor did we get all of the information we needed to put on the public record. We were affected by the controversy over Lehman’s comments, and by the excellent quality of the mayor’s presentation.” (Kean and Hamilton 2006, pp. 226-228)

CBS graphic illustrating interview with General Anthony Zinni.CBS graphic illustrating interview with General Anthony Zinni. [Source: CBS News]Retired Marine General Anthony Zinni was the chief of the US Central Command until 2000, and, until just before the invasion of Iraq, the Bush administration’s special envoy to the Middle East. Now he has become an outspoken critic of the administration’s war efforts in Iraq. Zinni gives an interview to CBS’s 60 Minutes, in part to promote his new biography, Battle Ready, co-authored by famed war novelist Tom Clancy.
'Dereliction of Duty' among Senior Pentagon Officials - Zinni says that senior officials at the Pentagon, from Defense Secretary Donald Rumsfeld on down, are guilty of what he calls dereliction of duty, and he believes it is time for “heads to roll.” Zinni tells correspondent Steve Kroft: “There has been poor strategic thinking in this. There has been poor operational planning and execution on the ground. And to think that we are going to ‘stay the course,’ the course is headed over Niagara Falls. I think it’s time to change course a little bit, or at least hold somebody responsible for putting you on this course. Because it’s been a failure.” In his book, Zinni writes: “In the lead up to the Iraq war and its later conduct, I saw at a minimum, true dereliction, negligence, and irresponsibility, at worse, lying, incompetence, and corruption.… I think there was dereliction in insufficient forces being put on the ground and fully understanding the military dimensions of the plan. I think there was dereliction in lack of planning.”
'The Wrong War at the Wrong Time' - Zinni calls Iraq “the wrong war at the wrong time,” and with the wrong strategy. Before the invasion, Zinni told Congress (see October 31, 2002): “This is, in my view, the worst time to take this on. And I don’t feel it needs to be done now.” The generals never wanted this war, Zinni says, but the civilians in the Pentagon and the White House did. “I can’t speak for all generals, certainly,” he says. “But I know we felt that this situation was contained (see Summer 2002-2003). Saddam was effectively contained.… And I think most of the generals felt, let’s deal with this one at a time. Let’s deal with this threat from terrorism, from al-Qaeda.”
Much Larger Force Required - Zinni was heavily involved in planning for any invasion of Iraq, going back to at least 1999 (see April-July 1999). Zinni always envisioned any such invasion as being implemented with enough ground forces to get the job done quickly and cleanly. Rumsfeld had different ideas—the invasion could be carried off with fewer troops and more high-tech weaponry. Zinni wanted around 300,000 troops: “We were much in line with General Shinseki’s view. We were talking about, you know, 300,000, in that neighborhood.” Would a larger force have made a difference? Kroft asks. Zinni replies, “I think it’s critical in the aftermath, if you’re gonna go to resolve a conflict through the use of force, and then to rebuild the country.” Rumsfeld should have anticipated the level and ferocity of violence that erupted in the aftermath of the toppling of the Hussein government, but, Zinni says, he did not, and worse, he ignored or belittled those such as Shinseki and a number of foreign allies who warned him of the possible consequences. Instead, Zinni notes, Rumsfeld relied on, among other sources, fabricated intelligence from Ahmed Chalabi and his Iraqi National Congress (see September 19-20, 2001).
'Seat of the Pants Operation' - The entire reconstruction effort was, in Zinni’s mind, a seat-of-the-pants affair. “As best I could see, I saw a pickup team, very small, insufficient in the Pentagon with no detailed plans that walked onto the battlefield after the major fighting stopped and tried to work it out in the huddle,” he says, “in effect to create a seat-of-the-pants operation on reconstructing a country.” Coalition Provisional Authority head L. Paul Bremer is “a great American who’s serving his country, I think, with all the kind of sacrifice and spirit you could expect. But he has made mistake after mistake after mistake.” Bremer’s mistakes include “Disbanding the army (see May 23, 2003). De-Baathifying (see May 16, 2003), down to a level where we removed people that were competent and didn’t have blood on their hands that you needed in the aftermath of reconstruction—alienating certain elements of that society.” Zinni reserves most of the blame for the Pentagon: “I blame the civilian leadership of the Pentagon directly.”
Heads Should Roll, Beginning with Rumsfeld's - Zinni continues: “But regardless of whose responsibility I think it is, somebody has screwed up. And at this level and at this stage, it should be evident to everybody that they’ve screwed up. And whose heads are rolling on this? That’s what bothers me most.” The first one to go, Zinni says, is Rumsfeld: “Well, it starts with at the top. If you’re the secretary of defense and you’re responsible for that.”
Neoconservatives at Fault - Next up are Rumsfeld’s advisers, whom Kroft identifies as the cadre of neoconservatives “who saw the invasion of Iraq as a way to stabilize American interests in the region and strengthen the position of Israel.” Zinni says: “Certainly those in your ranks that foisted this strategy on us that is flawed. Certainly they ought to be gone and replaced.” Kroft identifies that group as including Deputy Defense Secretary Paul Wolfowitz; Undersecretary of Defense Douglas Feith; former Defense Policy Board member Richard Perle; National Security Council member Elliott Abrams; and Vice President Cheney’s chief of staff, Lewis “Scooter” Libby. Zinni calls them political ideologues who have hijacked US policy in Iraq: “I think it’s the worst-kept secret in Washington. That everybody—everybody I talk to in Washington has known and fully knows what their agenda was and what they were trying to do.” Like so many others who criticized them, Zinni recalls, he was targeted for personal counterattacks. After publishing one article, he says: “I was called anti-Semitic. I mean, you know, unbelievable that that’s the kind of personal attacks that are run when you criticize a strategy and those who propose it.”
Fundamental Conceptual Flaws - Zinni says the neoconservatives believed they could remake the Middle East through the use of American military might, beginning with Iraq. Instead, the US is viewed in the region as “the modern crusaders, as the modern colonial power in this part of the world.”
Changing Course - Zinni has a number of recommendations. He advises President Bush and his senior officials to reach out much more strongly to the United Nations, and to US allies, and secure the UN’s backing. Do these other countries “want a say in political reconstruction? Do they want a piece of the pie economically? If that’s the cost, fine. What they’re gonna pay for up front is boots on the ground and involvement in sharing the burden.” Many more troops are needed on the ground, and not just American troops, he says, enough to seal off the borders, protect the road networks.
Exit Strategy - Zinni says that planning for an exit is necessary because it is inevitable that the US will want to withdraw, and that time will come sooner rather than later. “There is a limit,” he says. “I think it’s important to understand what the limit is. Now do I think we are there yet?”
Speaking Out - He is speaking out, he says, because it is his duty to do so: “It is part of your duty. Look, there is one statement that bothers me more than anything else. And that’s the idea that when the troops are in combat, everybody has to shut up. Imagine if we put troops in combat with a faulty rifle, and that rifle was malfunctioning, and troops were dying as a result. I can’t think anyone would allow that to happen, that would not speak up. Well, what’s the difference between a faulty plan and strategy that’s getting just as many troops killed?” (CBS News 5/21/2004)

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.” (Mayer 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. (Goldman and Apuzzo 2/9/2011)

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.” (Leonnig 3/3/2006)

An Iranian man appears in Turkey with a laptop computer and the phone number of a German intelligence officer. He calls the number, and 24 hours later, CIA analysts are poring over thousands of documents containing information and sketches. The CIA concludes that Iran is trying to retrofit its longest-range missile, the Shahab III, to carry a nuclear payload. The retrofit project is designated Project 1-11, the documents say, and analysts believe that the laptop information confirms their belief that Iran has a viable and active nuclear weapons program. Though the information on the laptop is from 2003 and earlier, it leads to the issuance of a National Intelligence Estimate (see August 2, 2005) that declares “with high confidence” Iran is working on a nuclear bomb, and will give ammunition to the Bush administration’s attempts to pressure Russia, China, and the US’s European allies to sanction Iran if it does not give up its uranium enrichment program. (Baker and Linzer 12/8/2007)
Origin of Laptop - The laptop was stolen by the Iranian citizen from an Iranian engineer, who some intelligence sources say may now be dead. The laptop contains designs by a firm called Kimeya Madon for a small facility to produce uranium gas, a substance that could be enriched for fuel or nuclear weapons. The laptop also contains drawings relating to the retrofitting of the Shahab III. The laptop’s information, so extensive that some say it may have been designed by an entire team of engineers, will be given unsubstantiated confirmation from an imprisoned Pakistani arms dealer, who will say that Iran took delivery of several advanced centrifuges that would greatly increase its nuclear knowledge. Although the documents are not verified, US intelligence considers them authentic.
Possible Forgeries - However, analysts admit it is possible that the documents are forgeries, perhaps from internal opponents of the Iranian government, or perhaps from the government itself in an attempt to convince Western intelligence agencies that its nuclear weapons program is still in an embryonic stage. The US denies that the documents were provided through the auspices of any Iranian dissident groups such as the Mujahedeen-e Khalq. (Broad and Sanger 11/13/2005; Linzer 2/8/2006) The identity of the Iranian “walk-in” may be revealed four years later (see February 2007). By November 2004, administration officials begin to admit that they cannot confirm the reliability of the laptop’s documents (see November 2004 and November 17-18, 2004).

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

CNN announces that conservative pundit Dinesh D’Souza is a new political analyst for the network. D’Souza became active in conservative politics and punditry as an editor of the Dartmouth Review in the early 1980s, where he authored and published numerous inflammatory articles reviling, among others, blacks, Jews, and gays (see 1981, March 15, 1982, October 1982, and 1983). From Dartmouth, D’Souza went to the White House, where he served as a senior domestic policy analyst in the Reagan administration. He has served as a fellow at the American Enterprise Institute and the Hoover Institution, and published a number of books, including 1995’s inflammatory The End of Racism, which progressive media watchdog organization Media Matters described as advancing the idea that “low-income black people are basically ‘pathological’ and that white racism really isn’t racism at all, just a logical response to this ‘pathology.’” D’Souza’s Web site “argues that the American obsession with race is fueled by a civil rights establishment that has a vested interest in perpetuating black dependency”; in a 1995 Wall Street Journal op-ed, he argued that “[t]he best way for African-Americans to save private sector affirmative action may be to repeal the Civil Rights Act of 1964.” Two African-American conservatives, Glenn Loury and Robert Woodson, resigned from AEI after the publication of The End of Racism and another racially objectionable book, The Bell Curve, by AEI fellow Charles Murray. (Media Matters 6/8/2004)

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

Nuradin Mahamoud Abdi.Nuradin Mahamoud Abdi. [Source: Associated Press]The Justice Department announces to the press they have thwarted an imminent terror plot to bomb malls in Ohio. A Somali native residing in Ohio is charged with plotting to blow up a Columbus shopping mall. It is alleged that he was part of a group of al-Qaeda operatives. Attorney General John Ashcroft says, “The American heartland was targeted for death and destruction by an al-Qaeda cell which allegedly included a Somali immigrant who will now face justice.” The man, Nuradin Mahamoud Abdi, is alleged to have obtained refugee documentation under false pretenses and to have attended terrorist training camps in Ethiopia. Although authorities would not state how many were involved in the plot, they do name admitted al-Qaeda member Iyman Faris as a co-conspirator (see Mid-March 2003). Faris, serving a 20-year sentence for providing material support to terrorism and conspiracy to provide material support, plead guilty in May 2003 to plotting to blow up the Brooklyn Bridge and to providing sleeping bags, mobile phones, and cash to al-Qaeda operatives. He later withdrew this plea, but was subsequently convicted. (CBS News 6/14/2004) Later it is revealed that Abdi had been arrested November 28, 2003, for his connections to terrorism, so there is nothing “imminent” in the case. Court papers filed by the government allege the existence of a plot from March 2000. His indictment isn’t announced until June 15, 2004, and it makes no mention of the shopping mall plot publicly announced the day before. (Perry 6/15/2004) The Justice Department announcement comes as Democratic Presidential candidate John Kerry leads President Bush by seven points in early Ohio polls. (Dreyfuss 9/21/2006 pdf file)

President Bush repeats the US government claim that al-Qaeda had links to the Saddam Hussein government of Iraq, suggesting that militant Abu Musab al-Zarqawi is the link between the two. “Al-Zarqawi’s the best evidence of a connection to al-Qaeda affiliates and al-Qaeda. He’s the person who’s still killing.” (CNN 6/15/2004)

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. (Shenon and Marquis 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.” (McDermott 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).

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.” (Rosen 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)

The National Institute of Standards and Technology (NIST) issues a progress report on its investigation into the World Trade Center collapses. Since 2002, NIST has been investigating the collapses of the Twin Towers and WTC Building 7 (see August 21, 2002). The progress report includes its “working hypothesis” for the collapse of WTC 7. This was a 47-story building, located about 350 feet from the north side of WTC 1, which collapsed completely at around 5:20 in the afternoon of 9/11. The report claims that “fire appears to have played a key role” in the collapse, though it points out, “No fire was observed or reported in the afternoon on floors 1-5, 10, or above Floor 13.” It also says, “there may have been some physical damage on the south side of the building.” NIST summarizes its working hypothesis of the WTC 7 collapse as follows:
bullet “An initial local failure at the lower floors (below Floor 13) of the building due to fire and/or debris induced structural damage of a critical column (the initiating event), which supported a large span floor bay with an area of about 2,000 square feet.”
bullet “Vertical progression of the initial local failure up to the east penthouse, as large floor bays were unable to redistribute the loads, bringing down the interior structure below the east penthouse.”
bullet “Horizontal progression of the failure across the lower floors… triggered by damage due to the vertical failure, resulting in the disproportionate collapse of the entire structure.”
NIST claims this hypothesis “is consistent with all evidence currently held by NIST, including photographs and videos, eyewitness accounts and emergency communication records,” but says it “will be revised and updated as results of ongoing, more comprehensive analyses become available.” (National Institute of Standards and Technology 6/2004, pp. L1, L3, L17, L34, L38, L51-L52; National Institute of Standards and Technology 6/18/2004) NIST will release its final reports on the collapses of the Twin Towers in October 2005 (see October 26, 2005). As of mid-2007, it has yet to release a final report on the collapse of WTC 7. In early 2006, Dr. S. Shyam Sunder, who is the lead investigator for NIST’s WTC investigation, will admit, “truthfully, I don’t really know” what caused WTC 7 to collapse. He will add, “We’ve had trouble getting a handle on building no. 7” (see March 20, 2006). (Jacobson 3/20/2006) An earlier report on the WTC collapses, released by the Federal Emergency Management Agency (FEMA) in May 2002, had been inconclusive on what caused WTC 7 to collapse, and stated that “Further research, investigation, and analyses” were necessary (see May 1, 2002). (Federal Emergency Management Agency 5/1/2002, pp. 5-31)

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

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

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

Fahrenheit 9/11 movie poster.
Fahrenheit 9/11 movie poster. [Source: Lions Gate Films]Fahrenheit 9/11, a film by well-known documentarian and author Michael Moore, is released in the US. Amongst other things, this film reveals connections between the Bush family and prominent Saudis including the bin Laden family. (Wald 5/6/2004; Wood 5/17/2004; Zerbisias 6/13/2004) It reviews evidence the White House helped members of Osama bin Laden’s family and other Saudis fly out of the US in the days soon after 9/11. (Wood 5/17/2004; Zerbisias 6/13/2004; Schmitt and Lichtblau 6/18/2004; McDermott 6/23/2004; Isikoff and Hosenball 6/30/2004) It introduces to the mainstream damning footage of President Bush continuing with a photo-op for seven minutes (see (9:07 a.m.) September 11, 2001) after being told of the second plane hitting the WTC on 9/11. (Schmitt and Lichtblau 6/18/2004; Achenbach 6/19/2004; McDermott 6/23/2004; Klaidman 6/27/2004) Disney refused to let its Miramax division distribute the movie in the United States, supposedly because the film was thought too partisan. (Wald 5/6/2004; Guardian 6/2/2004; Finnegan 6/11/2004; Agence France-Presse 6/23/2004) The film won the top award at the prestigious Cannes Film Festival—the first documentary to do so in nearly 50 years. (BBC 5/24/2004; Barkham 5/24/2004; Agence France-Presse 6/23/2004) It is generally very well received, with most US newspapers rating it favorably. (Agence France-Presse 6/23/2004; Editor & Publisher 6/27/2004) The film is an instant hit and is seen by tens of millions. (Anderson 6/27/2004; BBC 6/28/2004; Associated Press 6/28/2004; CBS News 6/28/2004) There are some criticisms that it distorts certain facts, such as exaggerating the possible significance of Bush and bin Laden family connections, and gripes about a $1.4 billion number representing the money flowing from Saudi companies to the Bush family. However, the New York Times claims that the public record corroborates the film’s main assertions. (Wood 5/17/2004; Schmitt and Lichtblau 6/18/2004; Isikoff and Hosenball 6/30/2004) Shortly before the film’s release, the conservative organization Citizens United tried to block the film’s distribution (see June 27, 2004). The effort failed (see August 6, 2004).

David Bossie (see May 1998), the head of the conservative lobbying group Citizens United (CU), accuses liberal filmmaker Michael Moore of improper involvement in the presidential campaign of Senator John Kerry (D-MA). Moore and the production company Lions Gate have released a new documentary, Fahrenheit 9/11, that is highly critical of the Bush administration (see June 25, 2004). Bossie says the film’s commercials, airing on network and cable television, are little more than campaign commercials devised to attack President Bush and assist Kerry. One commercial shows Bush on the golf course, talking about terrorism. In the clip, Bush tells a group of reporters, “We must stop these terrorist killers,” then turns his back, hefts his golf club, and says, “Now watch this drive.” The New York Times writes that “[t]he scene is one of many featured in the film that paint the president as cavalier, cynical, and insincere in the war against terrorism.” Republicans have for the most part ignored the film until recently, when ads for the film began drawing what they consider unwarranted attention. Bossie says: “There’s only a very small percentage of Americans that are going to go and see this movie. A much larger number are going to be bombarded by these political ads run by Michael Moore, potentially all the way through the election.” CU has run ads supportive of Bush (see (May 11, 2004)). Bossie has filed a complaint with the Federal Election Commission (FEC) asking that agency to classify the film’s ads as political, and restrict their broadcast according to campaign finance law (see March 27, 2002 and December 10, 2003). The law says that if found to be political, the ads must not be aired within 30 days of the start of the Republican National Convention on August 30. Legal experts say the FEC is unlikely to rule on the complaint for months, and even if the agency finds the ads to be political, the film could qualify for an exemption from the restrictions for news and commentary. Tom Ortenberg of Lions Gate says, “If we are still running television ads [by July 30], we will make certain that they are in full compliance with any and all regulations.” If they must remove Bush from the ads to remain in compliance, Ortenberg says “we can market this film without him.” Ortenberg denies that the ads have any political agenda. (Rutenberg 6/27/2004) After Lions Gate agrees not to show ads for the film after July 30, the FEC will dismiss the complaint (see August 6, 2004).

In the case of Jose Padilla v. Donald Rumsfeld (see June 9, 2002), the Supreme Court votes 5-4 in favor of the government, declining to rule on the basis of a technicality. The majority argues that Padilla’s petition was incorrectly filed in New York rather than in South Carolina, where he is currently held. While Padilla was held in New York in preparation for an appearance before a grand jury, Defense Secretary Rumsfeld designated him an enemy combatant. Padilla was thereupon transferred to military custody and sent to a naval brig in South Carolina to be detained indefinitely. His lawyer meanwhile, unaware of her client’s transfer, filed a habeas corpus petition in New York against Rumsfeld (see June 11, 2002). This was erroneous, says the majority, which rules that Padilla has to re-file his petition in South Carolina. Four dissenting judges condemn the “secret transfer” of Padilla. Justice John Paul Stevens, writing for the minority, declares, “At stake in this case is nothing less than the essence of a free society.” Stevens also condemns the use of “incommunicado detention for months on end” as a means “to extract information” and places it among the “tools of tyrants.” (Supreme Court opinion on writ of certiorari. Shafiq Rasul, et al. v. George W. Bush, et al. 6/28/2004) Therefore, in essence, the majority declines to rule on the merits of the case. (Savage 2007, pp. 193)

Richard Butler, the increasingly decrepit and infirm leader of what remains of the Aryan Nations (see Late 2000 - 2001), is propped up by about 40 of his followers on a lawn chair with a Confederate flag in the back of a pickup truck; he is then driven through a parade in downtown Couer d’Alene, Idaho. Human rights activists shout slogans at him as he slumps in the chair. He is 86 years old and will die in his sleep two months later. (Southern Poverty Law Center 2010)

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

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

On July 8, 2004, the New Republic predicts a “July surprise” from the Bush-Cheney reelection campaign involving the arrest of a high-value target in Pakistan by the end of the month. The magazine reports that in the spring of 2004, the administration increased pressure on Pakistan to kill or capture Osama bin Laden, his deputy, Ayman al-Zawahiri, or Taliban leader Mullah Mohammed Omar, all believed to be hiding in Pakistan. Bush officials such as CIA Director George Tenet, Secretary of State Colin Powell and his assistant, Christina Rocca, State Department counterterrorism chief Cofer Black, and others all visited Pakistan in recent months to urge Pakistan to increase its efforts in the war on terrorism. The New Republic comments, “This public pressure would be appropriate, even laudable, had it not been accompanied by an unseemly private insistence that the Pakistanis deliver these high-value targets (HVTs) before Americans go to the polls in November.” Bush spokespeople deny that the administration exerted any such pressure. But according to one source in the Pakistani ISI, “The Pakistani government is really desperate and wants to flush out bin Laden and his associates after the latest pressures from the US administration to deliver before the [upcoming] US elections.” Another source in the Pakistani Interior Ministry says, “The Musharraf government has a history of rescuing the Bush administration. They now want Musharraf to bail them out when they are facing hard times in the coming elections.” And another ISI source says that the Pakistanis “have been told at every level that apprehension or killing of HVTs before [the] election is [an] absolute must.” The Pakistanis have even been given a target date, according to the second ISI source: “The last ten days of July deadline has been given repeatedly by visitors to Islamabad and during [ISI director Lieutenant General Ehsan ul-Haq’s] meetings in Washington.” The source says that a White House aide told ul-Haq last spring that “it would be best if the arrest or killing of [any] HVT were announced on twenty-six, twenty-seven, or twenty-eight July”—the first three days of the Democratic National Convention in Boston. One Pakistani general said recently, “If we don’t find these guys by the election, they are going to stick this whole nuclear mess [relating to A. Q. Khan] up our _sshole.” The Bush administration apparently is using a carrot-and-stick approach to make sure such an arrest takes place on schedule. The New Republic observes: “Pushing Musharraf to go after al-Qaeda in the tribal areas may be a good idea despite the risks. But, if that is the case, it was a good idea in 2002 and 2003. Why the switch now? Top Pakistanis think they know: This year, the president’s reelection is at stake.” (Judis, Ackerman, and Ansari 7/29/2004) Pakistan will announce the capture of al-Qaeda leader Ahmed Khalfan Ghailani on July 29, just hours before Democratic presidential John Kerry’s acceptance speech at the Democratic National Convention. The authors of the New Republic article will claim vindication for their prediction (see July 25-29, 2004).

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

Author Clifford May, a former Republican National Committee staffer and a well-known television pundit, lambasts former ambassador Joseph Wilson’s new book, The Politics of Truth (see April 2004). May, who has written derisively about Wilson before (see September 29, 2003), opens by accusing Wilson of publishing a “quickie book sporting his dapper self on the cover” that contains little substance and is based largely on “a wet-kiss profile in Vanity Fair.” He derides Wilson’s lengthy experience as a diplomat (see July 31, 1990, August 1-2, 1990, August 6, 1990, August 8-9, 1990, September 20, 1990, and January 12, 1991) by calling him “the guy who makes sure the embassy plumbing is working and that the commissary is stocked with Oreos and other products the ambassador prefers.” Most notably, May comes to the conclusion that Wilson himself, and not the White House, outed his wife Valerie Plame Wilson as a CIA agent, a conclusion he says was reached by a “bipartisan Senate committee report.” May is referring to the recent report by the Senate Intelligence Committee (see July 9, 2004). He repeats many of the committee’s erroneous assertions, including the allegation that Wilson’s wife was responsible for the decision to send Wilson to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003). In regards to President Bush’s State of the Union assertion that Iraq had attempted to buy uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003), May writes, “We now know for certain that Wilson was wrong and that Bush’s statement was entirely accurate.” He goes on to assert that the forged documents used to support the Iraq-Niger uranium story were likely “planted in order to be discovered—as a ruse to discredit the story of a Niger-Iraq link, to persuade people there were no grounds for the charge. If that was the plan, it worked like a charm.” May even says that Wilson’s report bolstered the belief that the uranium story might be true. He repeats his earlier charges that Wilson is an incompetent partisan whom the CIA had no business sending to Niger in the first place. He never explains exactly how Wilson outed his own wife as a CIA agent, though he does assert, wrongly, that Plame Wilson was never an undercover agent (see Fall 1992 - 1996) and therefore no one broke the law in revealing her status as a CIA official. (May 7/12/2004) In 2004, Wilson will write of May’s assertion that his wife’s CIA status “was supposedly widely known” throughout Washington, “[I]f what May wrote was accurate, it is a damning admission, because it could have been widely known only by virtue of leaks among his own crowd.” (Wilson 2004, pp. 443-444)

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

Conservative columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column a year earlier (see July 14, 2003), regarding the recently released Senate Intelligence Committee report on the administration’s use of intelligence to justify the invasion of Iraq (see July 9, 2004), observes that its “most remarkable aspect… is what its Democratic members did not say.” Novak claims that committee Democrats do not dispute that Iraq tried to discuss purchasing yellowcake uranium from Niger. They did not agree to the report’s conclusion that Plame Wilson suggested her husband, Joseph Wilson, for a fact-finding mission to Niger, a conclusion that is false (see February 19, 2002, July 22, 2003, October 17, 2003, and Mid-July, 2004), but neither did they defend Wilson’s denials of his wife’s involvement. Novak writes: “According to committee sources, Roberts felt Wilson had been such a ‘cause celebre’ for Democrats that they could not face the facts about him.… Now, for Intelligence Committee Democrats, it is as though the Niger question and Joe Wilson have vanished from the earth.” (Novak 7/15/2004)

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

The Wall Street Journal publishes an op-ed declaring that since the Senate Intelligence Committee has “exposed” former ambassor Joseph Wilson’s “falsehoods” about his trip to Niger to explore the allegations that Iraq tried to purchase uranium from Niger (see July 9, 2004), it is time for Special Prosecutor Patrick Fitzgerald to “close up shop” and stop his investigation into who outed Wilson’s wife, CIA agent Valerie Plame Wilson. The Journal declares that if “an administration official cited nepotism truthfully in order to explain the oddity of Mr. Wilson’s selection for the Niger mission, then there was no underlying crime” in outing Plame Wilson. “[T]he entire leak probe now looks like a familiar Beltway case of criminalizing political differences. Special Prosecutor Patrick Fitzgerald should fold up his tent.” The Journal also repeats the baseless conclusion of the Republican authors of the committee report that stated Wilson’s findings in Niger actually provided “some confirmation” of the Iraq-Niger deal. (Wall Street Journal 7/20/2004) In 2007, Plame Wilson will write that she is in her CIA office when she reads the op-ed. She recalls realizing that the entire thrust of the attempt to smear her husband is “to derail the leak investigation, which was sniffing dangerously close to the White House. Now I understood the ferocity of the attacks on Joe.” (Wilson 2007, pp. 192)

On July 13, 2004, a young Pakistani al-Qaeda operative named Muhammad Naeem Noor Khan was arrested in Pakistan (see July 13, 2004). US intelligence agents find what they later call a “treasure trove” of information in Noor Khan’s computers and documents. (CNN 8/2/2004) They realize that Khan has served as a communications hub of sorts for al-Qaeda. He is in frequent contact with dozens of other al-Qaeda terrorists around the world and passing messages back and forth from more senior al-Qaeda operatives. Intelligence agents quickly realize that, through Khan, they can penetrate deep into the core of al-Qaeda’s current operations. Around the weekend of July 24-25, the Pakistanis convince Khan to “turn,” or become a double agent. Khan sends e-mails to dozens of activists in Indonesia, Malaysia, Pakistan, India, Bangladesh, and other countries. He requests that they contact him immediately and reveal where they are. As the emails come back, intelligence agents all over the world go into action to monitor those who have replied to Khan. (Burke, Harris, and Bright 8/8/2004) Newsweek later reports that he sends e-mails to at least six contacts in the US, but the results of this are unknown. A senior US intelligence official confirms that Khan contacted people in the US, but believes number is less than six. (Moreau, Hussain, and Yousafzai 8/8/2004) Some of Khan’s contacts are quickly arrested, including Ahmed Khalfan Ghailani, a Tanzanian wanted since 1998 for his role in the bombing of the US embassy in his home country (see July 25-29, 2004). (Suskind 2006) Some communications take time to reach him. He is sometimes sent handwritten notes or computer discs from the mountains where bin Laden and other top leaders are hiding out. These are delivered by secretive relays of couriers who never see each other, using dead drops to avoid being traced. Other messages come from far-flung intermediaries who forward e-mail without knowing what it means, where it is going, or who is sending it. (Moreau, Hussain, and Yousafzai 8/8/2004) However, on August 1, Bush administration officials leak Noor Khan’s name to the press and the New York Times prints his name one day later. This only gives one week for the sting operation to work. Intelligence officials are crushed the operation has to end before it could expose many more al-Qaeda operatives (see August 2, 2004).

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

US Representative Darrell Issa (R-CA) and 13 other representatives sign a letter to Attorney General John Ashcroft protesting the Justice Department’s policy towards prosecuting “alien smugglers,” or “coyotes,” who bring illegal immigrants across the US-Mexican border. Issa, who wrote the letter, says that the DOJ should adopt a “zero-tolerance” policy towards “alien smuggling” and should prosecute everyone accused of such a crime. Issa refers to decisions by US Attorney Carol Lam of the District of Southern California (see November 8, 2002) not to prosecute persons charged with the crime of “alien smuggling,” and references the case of Antonio Amparo-Lopez as an example of a “missed opportunity” to prosecute such an alleged criminal (see February 2, 2004). Issa writes: “It is unfortunate and unacceptable that anyone in the Department of Justice would deem alien smuggling, on any level or by any person, too low of a priority to warrant prosecution in a timely fashion. In our view, a lack of available resources for prosecution is not a valid reason for a decision not to prosecute and, in fact, would signify a mismanagement of your department’s priorities.” (US Department of Justice 3/23/2007 pdf file) Issa represents California’s 49th District, which centers on San Diego and is part of Lam’s federal district. (Healthy City 8/2011 pdf file) Assistant Attorney General William Moschella will send Issa a brief reply defending the Justice Department’s prosecution practices (see (December 30, 2004)). Issa’s spokesperson Frederick Hill will later tell columnist Byron York: “We were stumped in terms of getting information to explain the scope of the problem. We put the word out on the street that we were interested in getting more information about this.” York later writes, “Issa was hoping for a tip—perhaps from someone inside a law-enforcement organization—to give him the information he had been seeking.” (York 3/28/2007)

A lawsuit, Doe v. Rumsfeld, is filed on behalf of an Army recruit who is being forcibly redeployed to Iraq after nine years of active duty under the Army’s “stop-loss” program (see November 2002). The plaintiff, a reservist in the California National Guard who uses the pseudonym “John Doe” in the lawsuit, claims that since he signed up for only one year of duty, the stop-loss deployment could force him “to return to Iraq for up to two years, and possible continued military service beyond that time.” (Moyers 9/17/2004) Doe is a married father of two and an eight-year Army veteran who served in combat during the 1991 Gulf War (see January 16, 1991 and After). Doe enlisted in the National Guard in May 2003 under the so-called “Try One” program, which allows active-duty veterans to sign up for a year before deciding to make a longer commitment. Doe renewed in February 2004, making his new expiration date May 2, 2005. In July 2004, Doe’s unit was deployed for a 545-day tour of duty, which extended Doe’s time in service by about a year. He says he was told that if he did not re-enlist voluntarily for the extra time, he would be retained under the Army’s stop-loss policy. (Richman 1/14/2006) In January 2006, Doe will lose the case on appeal (see January 14, 2006).

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

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

Kenneth Berry.Kenneth Berry. [Source: Public domain]On August 5, 2004, FBI agents target Dr. Kenneth Berry for a role in the 2001 anthrax attacks (see October 5-November 21, 2001). Agents raid his home and former apartment in Wellsville, New York, as well as his parents’ apartment in New Jersey. Agents cordon off streets and search the residences wearing biochemical protective suits. This becomes a highly publicized media spectacle. But Berry is not charged or arrested. The raids are the culmination of an 18-month investigation. For instance, in July, dozens of his associates were interviewed. Berry apparently panics and gets in a fight with his wife and stepchildren. A restraining order prevents him from returning home and he is eventually divorced. He also loses his job. By October 2004, government officials say their investigation has uncovered nothing that would implicate him in the anthrax attacks, but he is not officially cleared of suspicion.
Unusual Background as WMD Expert - Berry is a licensed physician working in a hospital. But in 1997, he formed an organization named Preempt, which promoted training for first responders to protect against a WMD attack. By 1999, Berry had risen in prominence and was meeting with prominent experts and politicians about WMD threats, including some US senators and former CIA Director James Woolsey. He was also working on inventions for systems to detect the release of germ weapons, but none of his inventions are successfully developed. In late 2000, he attended a two-day course on using anthrax and other germs as weapons, taught by bioweapons expert William Patrick. His organization Preempt slowly fizzled in importance, but he continued to consider himself a freelance WMD expert. (George and Miller 10/3/2004)
Investigators Lose Interest, but Name is Never Cleared - The Associated Press will comment in 2008, “investigators seemed to lose interest in Berry quickly,” but he lost his job and his wife in the process. He has never spoken about the experience, but a friend will say, “Since things quieted down, he’s put his life back together again and he’s in a stable environment right now.… As far as I know, he just wants his name cleared as publicly as it was smeared.” (Caruso 8/7/2008)

The Federal Election Commission (FEC) dismisses the complaint “Citizens United v. Michael Moore and Fahrenheit 9/11.” The conservative lobbying group Citizens United (CU—see (May 11, 2004)) had complained to the Federal Election Commission (FEC) that liberal documentarian Michael Moore released a movie, Fahrenheit 9/11 (see June 25, 2004), that was so critical of the Bush administration that it should be considered political advertising. If the movie is indeed political advertising, under federal law it cannot be shown within 30 days before a primary election or 60 days before a general election. The FEC dismisses the complaint, finding no evidence that the movie’s advertisements had broken the law. The movie’s distributors, Lions Gate, assure the FEC that they do not intend to advertise the movie during the time periods given under the law. (Federal Election Commission 8/6/2004; Moneyocracy 2/2012) In the aftermath of the FEC decision, CU leaders Floyd Brown (see September 21 - October 4, 1988) and David Bossie will decide that they can do what Moore did, and decide to make their own “documentaries.” Bossie realized after Fahrenheit 9/11 aired that it, and the television commercials promoting it, served two purposes—attacking President Bush and generating profits. Having already conducted an examination of the career of former First Lady Hillary Clinton (D-NY), now a sitting senator with presidential aspirations, the organization will decide to make its first “feature film” about her (see January 10-16, 2008). (Toobin 5/21/2012)

NBC reporter Tim Russert, host of its flagship Sunday morning political talk show Meet the Press, testifies to FBI investigators probing the Valerie Plame Wilson identity leak (see December 30, 2003). He is deposed under oath and is audiotaped, but is not compelled to testify directly to the grand jury investigating the leak. According to an NBC statement, Russert is interviewed under oath, and testifies that he was the recipient of a leak; NBC will later claim that the interview was allowed as part of an agreement to avoid a protracted court fight. Russert is not asked to disclose a confidential source. “The questioning focused on what Russert said when Lewis (Scooter) Libby, Vice President Dick Cheney’s chief of staff, phoned him last summer” (see July 10 or 11, 2003), the statement reads. “Russert told the special prosecutor that at the time of the conversation he didn’t know Plame’s name or that she was a CIA operative and did not provide that information to Libby.” (Office of Special Counsel 7/27/2004 pdf file; Liptak 8/10/2004; Associated Press 8/11/2004) Neither did Libby disclose Plame Wilson’s identity to him, Russert testifies. Russert and NBC News initially resisted the subpoena on First Amendment grounds, but relented after prosecutor Patrick Fitzgerald agreed not to compel Russert to appear before the grand jury, or to disclose confidential sources or information. (Schmidt and Leonnig 8/10/2004) Russert has already talked informally with John Eckenrode, the FBI investigator overseeing the day-to-day investigation duties (see November 24, 2003). He told Eckenrode that Libby’s claim of learning Plame Wilson’s identity from him was false, and that he and Libby never discussed Plame Wilson at all. (Waas 2/15/2007) Libby’s claim that he learned of Plame Wilson’s identity from Russert will lead to perjury charges (see October 28, 2005).

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

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

Jacob Hornberger.Jacob Hornberger. [Source: Institute for Historical Review]Jacob Hornberger, the president of the Future of Freedom Foundation, writes that the Pentagon has learned “when the judiciary issues an order, the Pentagon is required to obey it,” which is “why the government is now permitting Ali Saleh al-Marri to meet with his attorney as part of his habeas corpus proceeding in federal district court in South Carolina.” Al-Marri is one of three “enemy combatants” (see June 23, 2003) designated by President Bush. Until recently, the Pentagon had refused to allow al-Marri to contact his lawyers, who have been challenging his detention and enemy combatant status in the US courts, but a recent Supreme Court decision scotched that procedure (see June 28, 2004). Hornberger compares al-Marri’s treatment to that of ousted Iraqi dictator Saddam Hussein, whom Iraqi and US officials have restricted from consulting with his own lawyers in Iraq. Al-Marri, before being removed from the US judicial system, “would have been entitled to all the rights and guarantees recognized in the Constitution and Bill of Rights, including being informed of the charges against him, compulsory process of witnesses, cross-examination of adverse witnesses, assistance of counsel, and a jury trial,” Hornberger writes. “If the jury had acquitted him, as juries recently did with defendants in federal terrorism cases brought in Detroit and Boise, he would have walked away from the federal courtroom a free man. By removing al-Marri from the jurisdiction of the federal court on the eve of his trial and placing him into military custody as an ‘enemy combatant,’ the Justice Department and the Pentagon, working together, effectively hijacked our criminal justice system and sabotaged our constitutional order.” (Hornberger 8/21/2004; Future of Freedom Foundation 2007)

Time reporter Matthew Cooper, facing jail time for refusing to honor a subpoena issued by the grand jury investigating the Valerie Plame Wilson CIA identity leak (see August 9, 2004), agrees to make a deposition after his source, vice-presidential chief of staff Lewis Libby, releases him from a confidentiality pledge (see August 5, 2004). (Washington Post 7/3/2007; Washington Post 7/3/2007) Following Cooper’s agreement to testify, contempt charges against him are dismissed. (PBS 8/24/2004; Leonnig 8/25/2004) Time managing editor Jim Kelly will later say: “Matt would have gone to jail if Libby didn’t waive his right to confidentiality… and we would have fought all the way to the Supreme Court. Matt has been absolutely steadfast in his desire to protect anonymous sources.” (Leonnig 8/25/2004) In the deposition, Cooper describes a conversation he had with Libby concerning Plame Wilson’s identity. Cooper will later describe his conversation in an article for Time that will recount his deposition as well as his July 2005 grand jury testimony (see July 13, 2005). According to Cooper, the conversation with Libby was originally on the record, but “moved to background.” On the record, Libby denied that Vice President Cheney knew about, or played any role in, sending Joseph Wilson to Niger (see (February 13, 2002)). On background, Cooper asked Libby if he had heard anything about Wilson’s wife sending her husband to Niger. Libby replied, “Yeah, I’ve heard that too,” or something similar. Cooper says that Libby did not use Plame Wilson’s name. Nor did he indicate that he had learned her name from other reporters, as Libby has claimed (see March 5, 2004, March 24, 2004, and July 10 or 11, 2003). (US District Court for the District of Columbia 9/27/2004 pdf file; Liptak 7/10/2005; Cooper 7/17/2005) Under an agreement with special counsel Patrick Fitzgerald, Cooper is not asked about any other source besides Libby. (US District Court for the District of Columbia 9/27/2004 pdf file)

After the death of Aryan Nations leader Richard Butler (see July 2004), the organization, already deeply divided and dwindling in size and influence (see Late 2000 - 2001), splits into two rival factions. One is headed by August Kreis in Pennsylvania and the other by Jonathan Williams in Georgia. Kreis and Williams are divided in part over the issue of whether neo-Nazis can find common ground with Muslim terrorists based on their mutual hatred of Jews. In 2005, Kreis tells CNN, “And I want to instill the same jihadic feeling in our peoples’ heart, in the Aryan race, that they [jihadists] have for their father, who they call Allah.” Another Nations leader, Charles Juba, attempts to anoint organization “pastor” James Wickstrom (see 1969, 1984, and 2003) as the group’s chaplain. Wickstrom aligns himself with Juba’s breakaway faction, in what some believe is an attempt to claim leadership in Butler’s wake. Aryan Nations member Floyd Cochran, who will leave the group and renounce its racist teachings, will later say: “Jim Wickstrom has a certain stature in the racist movement—one Juba doesn’t have—and especially among the more religious, the biggest ones that are really into the Christian Identity aspect (see 1960s and After).… With the death of Richard Butler, the Christian Identity aspect of the movement is now more focused on Wickstrom.” Days after Butler’s death, Juba announced he was appointing Wickstrom “Chaplin” (sic) and said the group’s new slogan would be “No Jew left alive in 2005.” However, Wickstrom has powerful enemies within the movement, not the least because in 2003 he eloped with the wife of another Christian Identity preacher, his former friend and colleague Keith Kallstrom. In reaction, Kallstrom vowed to cut off Wickstrom’s head and place it on his mountain, and shortly thereafter was arrested after driving to Michigan from Oklahoma in a pickup truck loaded with firearms and grenades, in an apparent attempt to find and kill Wickstrom. Wickstrom never becomes a full-fledged leader of the group, and though he will continue to broadcast a weekly radio program over the Internet, he will experience a steady decline in his influence among Aryan Nations and other racist, white supremacist groups. Both Kreis’s and Williams’s factions will continue to slide into irrelevance, though Kreis will have some success recruiting members from motorcycle gangs in South Carolina. By 2010, the only remnants of the groups will be small individual cliques and their accompanying Web sites. (Southern Poverty Law Center 12/2004; Southern Poverty Law Center 2010; Southern Poverty Law Center 2010)

Vice President Dick Cheney says that a victory by Democratic presidential candidate John Kerry in the upcoming election will put the US at risk of another “devastating” terrorist attack along the lines of 9/11. Kerry’s running mate, John Edwards, calls Cheney’s remarks “un-American.” Cheney tells a group of Republican supporters in Iowa that they need to make “the right choice” in the November 2 election. “If we make the wrong choice, then the danger is that we’ll get hit again—that we’ll be hit in a way that will be devastating from the standpoint of the United States,” Cheney says. “And then we’ll fall back into the pre-9/11 mindset, if you will, that in fact these terrorist attacks are just criminal acts and that we’re not really at war. I think that would be a terrible mistake for us.” Edwards responds: “Dick Cheney’s scare tactics crossed the line.… What he said to the American people was that if you go to the polls in November and elect anyone other than us, and another terrorist attack occurs, then it’s your fault. This is un-American. The truth is that it proves once again that they will do anything and say anything to keep their jobs.” Edwards says that a Kerry administration “will keep the American people safe, and we will not divide the country to do it.” Cheney spokeswoman Anne Womack says Cheney’s comments merely reflect “a difference in policy” between the Bush/Cheney and Kerry/Edwards tickets, and adds: “This is nothing new. This is nothing inconsistent with his views. This is an overreaction to something we have used repeatedly and consistently. This is something that both the president and vice president have talked about consistently, the need to learn the lessons of 9/11. He was not connecting the dots.” Later, Womack complains that Cheney’s remarks were taken out of context: “If you take the whole quote, the vice president stands by his statement. But if you just take a chunk, that’s not what he meant.” (CNN 9/7/2004)

The DVD cover for ‘Celsius 41.11.’The DVD cover for ‘Celsius 41.11.’ [Source: Citizens United]The Federal Election Commission (FEC) refuses to allow the conservative lobbying and advocacy group Citizens United (CU) to advertise on television its upcoming film Celsius 41.11—The Temperature at Which the Brain Begins to Die, a documentary that the group intends as a refutation of the documentary Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The FEC also refuses to allow CU to pay to run the film on television. The FEC bases its decision on the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold—see March 27, 2002), and its restrictions on nonprofit groups such as CU using unregulated contributions to pay for “electioneering communications” to be shown within 60 days of a federal general election. CU would broadcast the film in late September, less than 60 days before the November 2 elections. CU argued, unsuccessfully, that it is a member of the news media and therefore can use a legal exemption provided for news, commentary, and editorial content. In a 4-0 vote, the FEC rejects the argument, saying that CU intends to buy air time instead of being paid to provide content, and that its primary function is as an advocacy group and not a film production organization. FEC vice chair Ellen L. Weintraub, one of the commission’s three Democrats, says: “You don’t want a situation where people are airing campaign commercials and they are exempt from commission rules because they are considered a media event. The danger is that the exemption swallows the rules.” CU president David Bossie (see May 1998) says he is “clearly disappointed” with the ruling, and adds, “They [the FEC] want to limit free speech, and that’s what this issue is about for us.” The company marketing Fahrenheit 9/11 was not allowed to run advertisements promoting the film within 60 days of the elections, and a CU complaint against that film was dismissed after its distributors promised not to air such advertisements (see August 6, 2004). CU has helped fund the publication of a book by Bossie attacking Democratic presidential candidate John Kerry (D-MA), and has released numerous documentaries attacking the Clinton administration and the United Nations. The current film contains some material attacking Kerry, though that material is not the primary focus of the film. Bossie says the group will attempt to show the film in theaters to paying audiences within a few weeks (see September 27-30, 2004). (Justice 9/9/2004; Tierney 9/30/2004)

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

The conservative lobbying and advocacy group Citizens United (CU) releases a documentary intended as a refutation of the popular documentary, Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The CU film is entitled Celsius 41.11—The Temperature at Which the Brain Begins to Die. CU spent six weeks making the film, and is releasing it in small venues around the nation after the Federal Election Commission (FEC) denied the organization permission to broadcast it on television (see September 8, 2004). (In August, the FEC dismissed a complaint against Moore over Fahrenheit 9/11 filed by CU—see August 6, 2004.) The slogan for the movie is “The Truth Behind the Lies of Fahrenheit 9/11!” The movie was written and produced by Lionel Chetwynd, who has written and produced a number of Hollywood feature films and documentaries. Chetwynd, a vocal conservative, produced the September 2003 “docudrama” 9/11: Time of Crisis, which portrayed President Bush as a near-action hero during and after the 9/11 attacks, and took significant liberties with the actual events (see September 7, 2003). Of this film, Chetwynd says: “We could have gone wall to wall with red meat on this, but we purposely didn’t. The cheap shots may be entertaining in Moore’s film, but we wanted to make the intellectual case and go beyond lecturing to the converted.” New York Times reporter John Tierney describes the movie as overtly intellectual, sometimes appearing more as a PowerPoint presentation than a film made to appeal to a wider audience. It features a point-by-point defense of Bush’s actions during the 9/11 attacks, and features “politicians, journalists, and scholars discoursing on the legality of the Florida recount in 2000, the Clinton administration’s record on fighting terrorism, and the theory of American exceptionalism.” There are a few “red meat” moments, Tierney notes, including the juxtaposition of the Twin Towers burning as Moore says in a voiceover, “There is no terrorist threat.” It also includes a few slaps against Democratic presidential candidate John Kerry (D-MA), mostly in the form of a country song where the singer Larry Gatlin sings, “John boy, please tell us which way the wind’s blowing,” a reference to the Bush campaign’s attempt to portray Kerry as a “flip-flopper” who goes back and forth in his views on various issues. The Georgetown premiere of the movie attracts some 300 viewers, almost all Republicans, according to Tierney. The audience, according to Tierney, views the film as more “thoughtful and accurate” than Moore’s film, and unlikely to make anywhere near the profits the earlier film garnered. Chetwynd says he resisted the temptation to launch an all-out assault on Kerry “the way that Moore did with Bush.” Filmgoer Jerome Corsi, who has written a bestselling book attacking Kerry’s Vietnam record, praises the film, as does Debra Burlingame, whose brother was the pilot of the airplane that was flown into the Pentagon on the morning of September 11, 2001 (see 8:51 a.m.-8:54 a.m. September 11, 2001). Burlingame, a founder of a group of 9/11 victim relatives that supports Bush, says: “Michael Moore actually used footage of the Pentagon in flames as a sight gag. It was really hard to sit there in the theater listening to people laugh at that scene knowing my brother was on that plane. I wish more people would see this film instead.” (Tierney 9/30/2004) In October, the Washington Post’s Philip Kennicott will dismiss the film as “generat[ing] heat but no new light,” calling it “sad in a sad sort of way… dull, lazy, and inconsistent,” and suffused with an “unabashed idolatry of the Great Leader (in this case, George W. Bush)” in the same way that Nazi propagandist Leni Riefenstahl made her documentaries (he wonders, “Has the conservative worldview really been reduced to a slavish worship of authority?”). Kennicott will ask if the film is an attempt to refute Moore’s documentary or an “overlong attack ad on John Kerry,” and concludes that the film is little more than a combination of “dreadful political advertisements and dreadful political talk shows.” (Kennicott 10/22/2004) TV Guide’s Maitland McDonagh will call the film a “shrill, repetitive screed” obviously released just in time to influence the 2004 presidential election, and bearing “all the hallmarks of having been thrown together in a heated rush.” (McDonagh 10/2004)

On a September 30, 2004, presidential debate with John Kerry, President Bush says, “75 percent of known al-Qaeda leaders have been brought to justice.” But there is no evidence to support such a number. He uses this same number in other speeches around this time. In 2003, Bush’s top advisers typically said that more than one-third of the most wanted leaders had been found. Prior to the Republican convention in early September, the White House had claimed that “two-thirds” of the “senior al-Qaeda and associated leaders, operational managers, and key facilitators” had been captured or killed. But while the White House numbers were increasing as the November 2004 presidential election drew closer, the number of top al-Qaeda figures captured or killed remained essentially unchanged - Hassan Ghul was captured in early 2004 (see January 23, 2004). In October 2004, the Washington Post learns 28 of the approximately 30 names on a classified and unpublished “high-value targets” list of al-Qaeda leaders. Only 14, or half, are known to be killed or captured. (Other al-Qaeda leaders captured in 2004, such as Ahmed Khalfan Ghailani (see July 25-29, 2004), apparently are not considered important enough to be included in the list seen by the Washington Post.) (Gellman and Linzer 10/22/2004; Greenberg and Holmes 11/1/2004) In 2008, it will be reported that, of the 37 people the CIA deemed the most important al-Qaeda leaders in 2002, only 15 have been captured or killed. (Rashid 2008, pp. 280-281)

Osama bin Laden sends a letter to al-Qaeda leader Abu Faraj al-Libbi, and US intelligence will learn about this a year or so later. This is one of the very few pieces of evidence known by US intelligence that suggests bin Laden is alive, after bin Laden escaped from Tora Bora, Afghanistan, in late 2001. Al-Libbi has been al-Qaeda’s operational commander since early 2003.
Guantanamo File Account - In April 2011, the non-profit whistleblower group Wikileaks will release the Guantanamo prison assessment file of al-Libbi, dated September 2008. According to this assessment, which is likely based on al-Libbi’s interrogations, al-Libbi receives a letter from bin Laden in October 2004 asking about al-Qaeda’s financial situation in Pakistan and especially Waziristan (part of Pakistan’s tribal region). Al-Libbi also gets a videotape of bin Laden’s speeches. (Note that the first video footage of bin Laden is publicly released in late October 2004 (see October 29, 2004).) Al-Libbi gets the letter and videotape from bin Laden’s courier, who first met up with al-Libbi in July 2003 (see July 2003-Mid-2004). (US Department of Defense 9/10/2008)
Musharraf's 2006 Book - In a 2006 book, Pakistani President Pervez Musharraf will similarly mention that al-Libbi “was in contact with Osama through a courier and the last letter he had received from Osama was sometime in December 2004. We have been looking for the couriers intensely.” (Musharraf 2006, pp. 172) Al-Libbi will be captured in May 2005, and apparently he is interrogated by Pakistan for a few days, and then turned over and interrogated much more by the US (see May 2, 2005). So different interrogations may explain the slightly different months mentioned in each account. Bin Laden’s courier will later be revealed to be Ibrahim Saeed Ahmed, and the US effort to track him will eventually lead to bin Laden (see May 2, 2011).

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

Anthrax attacks suspect Steven Hatfill has sued the FBI and Justice Department for violating his privacy and other charges (see August 26, 2003), but the government has been trying to stall the court case, saying it would interfere with the FBI’s anthrax investigation. Responding to the latest request for a delay, US District Court Judge Reggie Walton says the government has stalled enough already. Walton says that Hatfill has “the right to vindicate himself, so he doesn’t have this taint hanging over his head.” He tells a federal prosecutor: “If you don’t have enough information to indict this man, you can’t keep dragging him through the mud. That’s not the type of country I want to be part of. It’s wrong!” Walton is a Republican appointed to the bench by the President Bush. (Popkin and Williams 10/7/2004) The FBI declared Hatfill a “person of interest” in August 2002 (see August 1, 2002) and will not officially clear him of any link to the attacks until August 2008 (see June 27, 2008 and August 8, 2008).

Wangari Maathai.Wangari Maathai. [Source: AFP / Front Page Magazine]Conservative pundit David Horowitz, the founder and editor of Front Page Magazine, calls Nobel Peace Prize laureate Wangari Maathai a “black racist” for her speculations that the AIDS virus may have been created in a laboratory. Maathai, a Kenyan ecologist and environmental activist, says: “Some say that AIDS came from the monkeys, and I doubt that because we have been living with monkeys [since] time immemorial, others say it was a curse from God, but I say it cannot be that. Us black people are dying more than any other people in this planet.… It’s true that there are some people who create agents to wipe out other people. If there were no such people, we could have not have invaded Iraq. We invaded Iraq because we believed that Saddam Hussein had made, or was in the process of creating, agents of biological warfare. In fact it [the HIV virus] is created by a scientist for biological warfare.… Why has there been so much secrecy about AIDS? When you ask where did the virus come from, it raises a lot of flags. That makes me suspicious.” A US State Department official says the US does not agree with Maathai’s claims about AIDS. Horowitz responds to Maathai’s speculations by posting an article on the Front Page Web site entitled “Black Racist Wins Nobel Prize (Thanks to the Leftwing Racists on the Nobel Committee).” (Australian Broadcasting Corporation 10/9/2004; Horowitz 10/9/2004; Media Matters 12/1/2004) Four days later, Horowitz features an article by Front Page author Ben Johnson entitled “Nobel Hates Whitey,” in which Johnson calls Maathai “a paranoid, anti-white, anti-Western crusader for international socialism.” Johnson interprets Maathai’s words to mean that, in his phrasing, “white devils” concocted AIDS to eradicate blacks. He terms her claims “blood libel,” accuses her of fomenting violence against Kenyan police, and says she has worked with environmentalists at the United Nations to promote “global socialism.” (Johnson 10/13/2004)

The letter sent by an Iraqi official to IAEA inspectors reporting hundreds of tons of missing explosives.The letter sent by an Iraqi official to IAEA inspectors reporting hundreds of tons of missing explosives. [Source: New York Times]Dr. Mohammed Abbas of the Iraqi Ministry of Science and Technology writes a letter to the International Atomic Energy Agency warning that the huge explosives cache at Al Qaqaa (see May 2003) has been cleaned out. The IAEA had warned US officials of the likelihood of such an event months before, as well as before the March 2003 invasion (see May 2004). Abbas says that “urgent updating of the registered materials is required.” According to Abbas, the facility is missing around 377 tons of HMX, RDX, and PETN explosives, some of the most powerful explosives ever created. HMX stands for “high melting point explosive,” RDX for “rapid detonation explosive,” and PETN for “pentaerythritol tetranitrate.” The IAEA will forward the letter to the US. IAEA head Mohamed ElBaradei is “extremely concerned” about the “potentially devastating consequences” of the missing explosives, according to a European diplomat. Dr. Van Romero of the New Mexico Institute of Mining and Technology says: “HMX and RDX have a lot of shattering power.… Getting a large amount is difficult” because most nations carefully regulate who can buy such explosives. An expert who recently led a team that searched Iraq for deadly arms says that the “immediate danger” of the looted explosives “is its potential use with insurgents in very small and powerful explosive devices. The other danger is that it can easily move into the terrorist web across the Middle East.” (Glanz, Broad, and Sanger 10/25/2004)

British Prime Minister Tony Blair formally admits that he was wrong to have claimed that Saddam Hussein could deploy weapons of mass destruction within 45 minutes of giving the order (see September 24, 2002 and September 24, 2002). Blair’s Foreign Secretary, Jack Straw, reveals that MI6, the British intelligence agency, has formally withdrawn the claim, as well as other intelligence concerning Iraq’s ability to produce biological weapons. The claim has been heavily refuted for well over a year (see Late May 2003 and August 16, 2003). Straw refuses to say that it was a mistake to overthrow the Saddam government, saying instead that “deciding to give Saddam Hussein the benefit of the doubt would have required a huge leap of faith.… I do not accept, even with hindsight, that we were wrong to act as we did.” He notes that other governments, most notably the US government, were also convinced that Saddam had an array of WMD which could have been quickly deployed against targets in the region. Conservative MP Gary Streeter says the Blair administration owes the nation a “full apology”: “Not an apology for the intelligence but an apology for the way that the intelligence was conveyed by the government to the country.” (Fray 10/14/2004) Liberal Democrat Party leader Charles Kennedy accuses Blair of “avoiding answering” questions about the absence of Iraqi WMD. Liberal Democrat deputy leader Menzies Campbell says: “The withdrawal of the 45-minute claim drives a horse and cart through government credibility.… The building blocks of the government’s case for military action are crumbling before our eyes.” (Woolf 10/13/2004)

Abdurahman Alamoudi.Abdurahman Alamoudi. [Source: Wikipedia/ public domain]Muslim activist Abdurahman Alamoudi is sentenced to 23 years in prison in the US for illegal dealings with Libya. Charges include that he was involved in a complex plot to kill Crown Price Abdullah, the de facto ruler of Saudi Arabia. Prosecutors successfully argued that Alamoudi served as a go-between Saudi dissidents and Libyan officials involved in the plot. Alamoudi admitted that he illegally moved money from Libya, taking nearly $1 million and using it to pay conspirators. The plot, thought to stem from a personality dispute between the leaders of Libya and Saudi Arabia, was ultimately foiled by the Saudi government. The Washington Post notes that Alamoudi was “one of America’s best-known Muslim activists—a former head of the American Muslim Council who met with senior Clinton and Bush administration officials in his efforts to bolster Muslim political prominence.” He was “once so prominent that his influence reached the highest levels of the US government.” Alamoudi is said to be cooperating with US investigators as part of the deal. It is believed that his testimony could be very useful to an ongoing probe of the SAAR network, since he was closely involved with that network (see March 20, 2002). (Markon 10/16/2004)

Islamist militant leader Abu Musab al-Zarqawi and his group al-Tawhid pledges loyalty to bin Laden in a statement posted on the Internet. He states, [Let it be known that] al-Tawhid pledges both its leaders and its soldiers to the mujahid commander, Sheikh Osama bin Laden…” (Bergen 2006, pp. 364) Bin Laden and al-Zarqawi began discussing the possibility of an alliance in early 2004 (see Early 2004). There had been other occasional contacts and linkages between al-Zarqawi and his group in years past, but al-Zarqawi had generally maintained his independence from al-Qaeda. Just one month earlier, al-Zarqawi stated, “I have not sworn allegiance to [bin Laden] and I am not working within the framework of his organization.” (Yousafzai and Moreau 4/4/2005) The Atlantic Monthly will later report that at the same time al-Zarqwai made his loyalty oath, he also “proclaimed himself to be the ‘Emir of al-Qaeda’s Operations in the Land of Mesopotamia,’ a title that subordinated him to bin Laden but at the same time placed him firmly on the global stage. One explanation for this coming together of these two former antagonists was simple: al-Zarqawi profited from the al-Qaeda franchise, and bin Laden needed a presence in Iraq. Another explanation is more complex: bin Laden laid claim to al-Zarqawi in the hopes of forestalling his emergence as the single most important terrorist figure in the world, and al-Zarqawi accepted bin Laden’s endorsement to augment his credibility and to strengthen his grip on the Iraqi tribes. Both explanations are true. It was a pragmatic alliance, but tenuous from the start.” (Weaver 6/8/2006) In December 2004, an audiotape said to be the voice of bin Laden acknowledges al-Zarqawi’s comments. “It should be known that the mujahid brother Abu Musab al-Zarqawi is the emir of the al-Qaeda organization in [Iraq]. The brothers in the group there should heed his orders and obey him in all that which is good.” (Bergen 2006, pp. 364-365)

Shyam Sunder.Shyam Sunder. [Source: NIST]The National Institute of Standards and Technology (NIST) releases nearly 500 pages of documents, detailing the latest findings of its investigation of the WTC collapses on 9/11. These include its hypotheses for the collapse sequences of each of the Twin Towers; details of their analysis of interviews with nearly 1,200 building occupants, emergency responders, and victims’ relatives; and information from their analysis of the emergency response and evacuation procedures. Their investigation into the collapses is based upon an analysis of thousands of photos and videos, examination of many of the elements used to construct the towers, and computer-enhanced modeling of the plane impacts and the spreading of the fires. Their hypothesis is that the towers collapsed ultimately due to the fires they suffered: As the fires burned, the buildings’ steel core columns buckled and shortened. This shifted more load to the buildings’ perimeter columns, which were already affected by the heat of the fires, and caused them to give way under the increased stress. Investigators have conducted a test with a reconstructed section of the WTC floor, and found that the original fireproofing was sufficient to meet the New York City building code. They say that had a typical office fire occurred in the towers, without the structural damage and the loss of some fireproofing caused by the plane impacts, it is likely the buildings would have remained standing. Lead investigator Dr. Shyam Sunder says, “The buildings performed as they should have in the airplane impact and extreme fires to which they were subjected. There is nothing there that stands out as abnormal.” NIST’s theories of why the WTC buildings collapsed conflict with an earlier investigation by FEMA, which claimed the collapse of the North Tower had begun in its core, rather than its perimeter columns (see May 1, 2002). (National Institute of Standards and Technology 10/19/2004; Lipton 10/20/2004)

A 1996 photograph of one of the Al Qaqaa storage bunkers.A 1996 photograph of one of the Al Qaqaa storage bunkers. [Source: New York Times]The US media learns that Iraq’s interim government reports that nearly 380 tons of powerful conventional explosives, used to demolish buildings, make missile warheads, and detonate nuclear weapons, are missing from a former military installation (see October 10, 2004). The facility, Al Qaqaa, was supposed to be under US control but in reality is “a no-man’s land,” in the words of the New York Times, “picked over by looters as recently as” October 24. UN inspectors and the International Atomic Energy Agency (IAEA) had monitored the huge cache of explosives for years. The IAEA says that machine tools usable for either nuclear or non-nuclear purposes are also missing. White House and Pentagon inspectors admit that the explosives disappeared some time after the US-led invasion of Iraq. National Security Adviser Condoleezza Rice was informed of the missing explosives within the last month; according to the Times, “[i]t is unclear whether President Bush was informed.” US officials began answering questions about the missing explosives after reporters from the Times and CBS’s “60 Minutes” began asking questions. The CIA’s Iraq Survey Group has been asked to investigate the disappearance.
Similar Explosives Used in Other Terrorist Attacks - The immediate concern, according to US officials, is the explosives’ possible use in major bombing attacks against American and/or Iraqi forces. The explosives, mainly HMX and RDX, can be used in bombs strong enough to destroy airplanes or large buildings. The Times notes that the bomb that brought down Pan Am Flight 103 over Lockerbie, Scotland (see After December 21, 1988) used less than a pound of such explosive. Larger amounts of the same kinds of explosives were used in the November 2003 Riyadh bombings (see May 12, 2003) and a September 1999 bombing of a Moscow apartment complex (see September 9, 1999 and September 13, 1999). The explosives can also be used to trigger a nuclear weapon, the primary reason why it had been, until the invasion, monitored by UN inspectors from the IAEA.
Repeated IAEA Warnings - The IAEA had publicly warned about the danger of the Al Qaqaa explosives before the invasion, and after the overthrow of the Iraqi government, IAEA officials specifically told US officials that they needed to keep the facility locked down (see May 2003). Pentagon spokesman Lawrence Di Rita says that the missing explosives need to be kept in perspective, as US and allied forces “have discovered and destroyed perhaps thousands of tons of ordnance of all types.” Iraq’s Minister of Science and Technology, Dr. Rashad Omar, tells Times and CBS reporters: “Yes, they [the 380 tons of explosives] are missing. We don’t know what happened.” Omar says that after the invasion, Al Qaqaa was the responsibility of the Coalition Provisional Authority, which served as Iraq’s de facto government until June 2004 (see June 28, 2004). “After the collapse of the regime, our liberation, everything was under the coalition forces, under their control,” he says. “So probably they can answer this question, what happened to the materials.” The CPA is defunct; Bush administration officials say they don’t know where the explosives could be. One senior official says that the Qaqaa complex was listed as a “medium priority” site on the CIA’s list of more than 500 sites that needed to be searched and secured during the invasion. “Should we have gone there? Definitely,” says one senior official. Another senior official says that US soldiers gave the Qaqaa facility a cursory inspection during the push towards Baghdad in early April, but “saw no bunkers bearing the IAEA seal.”
Refusal to Allow IAEA Inspections after Occupation - Satellite photos taken in late 2003 showed that two of the ten bunkers containing HMX had exploded, presumably from bombing during the US offensive, but eight remained relatively intact. The Bush administration refused to let the IAEA back into Iraq to inspect and verify the Qaqaa facility or any of the other stockpiles formerly monitored by IAEA officials. By May 2004, the IAEA was warning CPA officials that the facility had probably been looted (see May 2004).
More Unguarded Stockpiles - Iraq is dotted with unguarded stockpiles of explosives, say US military and administration officials. One senior administration official notes, “The only reason this stockpile was under seal is because it was located at Al Qaqaa,” where nuclear work had gone on years ago. (Glanz, Broad, and Sanger 10/25/2004)

Bin Laden makes his Towers of Lebanon speech.Bin Laden makes his Towers of Lebanon speech. [Source: Al-Jazeera]Four days before the presidential election in the US, Osama bin Laden releases a new video in which he addresses the US people and alludes to his role in 9/11. The tape was handed to an employee at Al Jazeera’s bureau in Islamabad, Pakistan, on the day it was broadcast. (MSNBC 10/30/2004)
Bin Laden Had Idea of 'Destroying Towers in America' - In his strongest admission yet that he was involved in planning 9/11, bin Laden says, “Allah knows that the plan of striking the towers had not occurred to us, but the idea came to me when things went just too far with the American-Israeli alliance’s oppression and atrocities against our people in Palestine and Lebanon.” After likening the US and Israel to “a crocodile devouring a child,” he continues, “As I looked at those destroyed towers in Lebanon, it occurred to me to punish the oppressor in kind by destroying towers in America, so that it would have a taste of its own medicine and would be prevented from killing our women and children.” He attempts to isolate the US from other Western countries, pointing out that “security is one of the pillars of human life” and that al-Qaeda has not attacked Sweden, for example, because Sweden has not attacked the Middle East. “If the US leaves Muslims alone, they will leave it alone.”
Criticizes Bush's Inaction on 9/11 - Bin Laden is critical of President Bush and his inaction on 9/11, saying: “It did not occur to us that the commander in chief of the American armed forces would leave fifty thousand of his citizens in the two towers to face this great horror on their own, just when they needed him most. It seems that a little girl’s story about a goat and its butting was more important than dealing with airplanes and their butting into skyscrapers.” He comments that the Bush administration favors certain corporations and has mismanaged public funds: “To some analysts and diplomats, it seems as if we and the White House are on the same team shooting at the United States’ own goal, despite our different intentions.” He concludes: “I say unto you in truth that your security lies not in the hands of Kerry, Bush, or al-Qaeda. It lies in your own hands, and whichever state does not encroach on our security thereby ensures its own. Allah is our master; you have none. Peace be upon those who follow true guidance.” (Laden 2005, pp. 237-244)
Speech Will Benefit Bush - Despite the criticism of Bush in the speech, most commentators think it will actually help Bush get reelected. For example, Time magazine correspondent Karen Tumulty says: “I find it hard to find any way that this helps John Kerry. What we’ve seen over and over and over again is that when terrorism is the topic, and when people are reminded of 9/11, Bush’s numbers go up.” (CNN 10/29/2004) The CIA also concludes this is what bin Laden intended (see October 29, 2004). And on this evening, an aide brings up the new bin Laden video tape to Bush’s senior adviser Karl Rove, who is with the president in Ohio, campaigning for the election. “This has the feel of something,” Rove says slowly, “that’s not gonna hurt us at all.” (Draper 2007, pp. 263)

California graduate student William Jensen Cottrell is found guilty of arson and related crimes for vandalizing car dealerships. In 2003, Cottrell damaged around 40 Hummers and sport utility vehicles (SUVs) at three Southern California dealerships. His actions caused some $2 million in damages. Cottrell is acquitted of the most serious charge, attempting to use a destructive device in a crime of violence. He admits to spray-painting Earth Liberation Front (ELF—see 1997) slogans on SUVs. (Anti-Defamation League 2005)

Theo van Gogh.Theo van Gogh. [Source: Column Film]Dutch filmmaker Theo van Gogh is killed by al-Qaeda linked figures. He is shot while on the streets of Amsterdam, then his throat is slit and a note is pinned to his chest with a knife. Van Gogh had received death threats after the release of his short film Submission, which criticized the mistreatment of Muslim women. A Dutch Moroccan named Mohammed Bouyeri is soon captured after a shootout with police. He is later sentenced to life in prison for van Gogh’s murder. About 13 other mostly North African men are linked to Bouyeri, and most of them are later convicted for various crimes. This group is said to have ties to al-Qaeda cells in Spain and Belgium, and links to bombings in Casablanca and Madrid (see May 16, 2003 and 7:37-7:42 a.m., March 11, 2004). (Johnson 1/25/2005)

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

Fox News talk show host Sean Hannity claims, falsely, that former vice president and Democratic presidential candidate Al Gore “brought Willie Horton to the American people.” Hannity is referring to the infamous “Willie Horton” ad of the 1988 presidential campaign, a Republican campaign strategy that claimed African-American Willie Horton was released and went on to rape a white woman by Democratic presidential candidate Michael Dukakis (see September 21 - October 4, 1988). Hannity’s statement comes in response to a recent citation of the Horton ad by Princeton University professor Cornel West, who cited the ad as an example of the Republican Party’s political exploitation of race. Hannity notes correctly that in the 1988 Democratic presidential primaries, Gore asked Dukakis about “weekend passes for convicted criminals,” referring to the Massachusetts furlough program that freed Horton. However, Gore never mentioned Horton at all. The first national mention of Horton came in the ads released by the Bush campaign and by an ostensibly independent conservative organization, the National Security Political Action Committee (NSPAC). According to progressive media watchdog organization Media Matters, Hannity has made similar claims about Gore first bringing up Horton in the past. (Media Matters 11/10/2004)

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