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A federal appeals court rules that “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and February 1, 2007) must be released from military custody. “To sanction such presidential authority to order the military to seize and indefinitely detain civilians,” writes Judge Diana Gribbon Motz, “even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution—and the country.” She adds, “We refuse to recognize a claim to power that would so alter the constitutional foundations of our Republic.” (Liptak 6/11/2007) Motz continues, “The president cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention.”
Military Commissons Act Does Not Apply - The Military Commissions Act (MCA) (see October 17, 2006) does not apply to al-Marri, the court rules. (Schmidt 6/11/2007) Motz writes that the MCA does not apply to al-Marri and the court also rules that the government failed to prove its argument that the Authorization for Use of Military Force, enacted by Congress immediately after the 9/11 attacks (see September 14-18, 2001), gives President Bush the power to detain al-Marri as an enemy combatant. (Associated Press 6/11/2007) Motz also notes that even though the government says the MCA applies to al-Marri’s case, it did not follow its own guidelines under that law. The MCA requires all such detainees to be granted a Combat Status Review Tribunal (CRST) determination; all Guantanamo-based detainees have been given such a procedure. Al-Marri has not. The government did not suggest the procedure for al-Marri until the day it filed its motion to dismiss al-Marri’s case. (Richey 6/13/2007) The case, al-Marri v. Wright, was filed against Navy Commander S.L. Wright, who oversees the Charleston military prison that houses al-Marri. (Schmidt 6/11/2007)
Government Arguments Repudiated - The 2-1 decision of the US Court of Appeals in Richmond was written for the majority by Motz. Al-Marri is the only person held on the US mainland as an enemy combatant, and has been held in isolation for four years (see August 8, 2005). The government has alleged since 2002 that al-Marri was an al-Qaeda sleeper agent sent to the US to commit mass murder and disrupt the US banking system (see June 23, 2003). Motz writes that while al-Marri may well be guilty of serious crimes, the government cannot sidestep the US criminal justice system through military detention. The al-Marri ruling apparently does not apply to enemy combatants and other detainees held without charges or legal access at the facility in Guantanamo Bay, Cuba. The dissenting judge, Henry Hudson, writes that President Bush “had the authority to detain al-Marri as an enemy combatant or belligerent” because “he is the type of stealth warrior used by al-Qaeda to perpetrate terrorist acts against the United States.” Hudson is a Bush appointee. Motz and Judge Roger Gregory, the concurring judge, were appointed by former president Bill Clinton. Motz orders the Pentagon to issue a writ of habeas corpus for al-Marri “within a reasonable period of time.” The Pentagon may release him, hold him as a material witness, or charge him in the civilian court system. Al-Marri “can be returned to civilian prosecutors, tried on criminal charges, and, if convicted, punished severely,” she writes, “But military detention of al-Marri must cease.” (Liptak 6/11/2007; Schmidt 6/11/2007)
Democracy Vs. 'Police State' - Hafetz says: “We’re pleased the court saw through the government’s stunning position in this case. Had it not, the executive could effectively disappear people by picking up any immigrant in this country, locking them in a military jail, and holding the keys to the courthouse.… This is exactly what separates a country that is democratic and committed to the rule of law from a country that is a police state.” (Richey 6/13/2007)
Justice Department to Challenge Decision - The Justice Department intends to challenge the decision (see June 11, 2007 and Late October-Early November, 2007). The case is expected to reach the Supreme Court, and may help define what authority the government has to indefinitely detain terror suspects and to strip detainees of their right to challenge the legality and conditions of their detention. (Associated Press 6/11/2007) For the time being, al-Marri will remain in military custody in the Charleston naval brig. (Cincinnati Post 6/12/2007)

The Electronic Frontier Foundation (EFF) publishes a set of three non-classified documents secured from telecommunications giant AT&T by former AT&T technician and current whistleblower Mark Klein. Klein has used the documents to prove his assertions that AT&T colluded with the National Security Agency to illegally eavesdrop on Americans’ telephone and Internet communications (see December 15-31, 2005 and July 7, 2009). The EFF has sued AT&T for violating its customers’ privacy, and Klein and the documents are key elements of its case (see February 23-28, 2006). After years of opposing their public disclosure and attempting to force their return (see April 6-8, 2006), AT&T acquiesced to the documents’ disclosure earlier this week after the EFF threatened to take the corporation to a federal appeals court. The documents were released in part by Wired News over a year ago against AT&T’s wishes (see May 17, 2006), and PBS also made them public as a part of a Frontline documentary. The Justice Department considered classifying the documents, then rejected the idea (see Late March - April 4, 2006). According to EFF’s Cindy Cohn, AT&T agreed to the disclosure of those portions to escape the embarrassment of arguing that documents available on the Internet for more than a year were secret. Wired’s Ryan Singel writes: “There are no surprises in the AT&T documentation… which consist of a subset of the pages already published by Wired News. They include AT&T wiring diagrams, equipment lists, and task orders that appear to show the company tapping into fiber-optic cables at the point where its backbone network connects to other ISPs at a San Francisco switching office. The documents appear to show the company siphoning off the traffic to a room packed with Internet-monitoring gear.” The EFF also releases a formerly sealed, signed declaration by Klein (see February 23-28, 2006) and a written analysis of the documentation by Internet expert J. Scott Marcus (see March 29, 2006). Marcus’s analysis, which had previously remained largely under court-ordered seal, is “the most interesting” of the releases, Singel writes. Marcus said the AT&T technical configuration allowed the NSA to conduct “surveillance and analysis of Internet content on a massive scale, including both overseas and purely domestic traffic,” and found it probable that AT&T had “15 or 20” secret facilities around the country, not just the few facilities of which Klein was aware. AT&T, with the Justice Department, is trying to prevent EFF’s lawsuit from continuing, insisting that such a trial would expose “state secrets” (see April 28, 2006 and May 13, 2006). Judge Vaughn Walker has already considered and dismissed that claim (see July 20, 2006); AT&T and the government hope an appeals court will find in their favor. Cohn tells Singel she hopes the documents will show the public that their case is based in fact and not speculation, and that the government’s claim of a national security risk is overblown: “It really paints them into a corner, how unreasonable their claims of state secrets are. I’m hoping [the document release] demonstrates we are right and know what we are talking about and that we don’t need much more to win our case. We are much closer than people think.” (Singel 6/13/2007)

Former Reagan Justice Department official and constitutional lawyer Bruce Fein and former civil liberties lawyer Glenn Greenwald applaud the recent ruling requiring the government to overturn alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri’s military detention status (see June 11, 2007). Fein writes that the decision “rebuked President Bush’s frightening claim that the Constitution crowned him with power to pluck every American citizen from his home for indefinite detention without trial on suspicion of preparing for acts of international terrorism.” Other terrorist acts, such as the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the 1993 World Trade Center bombings (see February 26, 1993), “were tried and punished in civilian courts,” Fein notes, adding that Bush bypassed the USA Patriot Act to classify al-Marri as an enemy combatant, although the Patriot Act “provides a specific method for the government to detain aliens affiliated with terrorist organizations who are believed likely to engage in terrorist activity.” Al-Marri was denied that procedure due to his classification as an enemy combatant. (Fein 6/19/2007) Greenwald writes, “How extraordinary it is—how extraordinarily disturbing it is—that we are even debating these issues at all. Although its ultimate resolution is complicated, the question raised by al-Marri is a clear and simple one: Does the president have the power—and/or should he have it—to arrest individuals on US soil and keep them imprisoned for years and years, indefinitely, without charging them with a crime, allowing them access to lawyers or the outside world, and/or providing a meaningful opportunity to contest the validity of the charges? How can that question not answer itself?… Who would possibly believe that an American president has such powers, and more to the point, what kind of a person would want a president to have such powers? That is one of a handful of powers that this country was founded to prevent.” (Greenwald 6/17/2007)

According to reports in the Indian press, a recently arrested militant leader says he believes Saeed Sheikh wired money to lead hijacker Mohamed Atta before 9/11 (see Early August 2001 and Summer 2001 and before). The militant, who is known as Babu Bhai and is a leader of the militant organization Harkat ul-Jihad al-Islami, says that the money came from a ransom paid for the release of a kidnapped shoe company executive and that he was involved in the kidnap operation as a deputy to the local commander, Asif Raza Khan. Other people involved in the money transfer are arrested based on the information disclosed by Babu Bhai. This confession supports previous reports about the transfer (see September 30-October 7, 2001, January 22-25, 2002 and July 31, 2003). (Siddiqui 6/25/2007; News Post India 6/25/2007; Rautela 6/29/2007)

The Supreme Court, ruling in the Wisconsin Right to Life v. Federal Election Commission case, finds that some political advertisements can be exempted from the “electioneering communications” provision of the McCain-Feingold campaign reform act (see March 27, 2002). The case stems from attempts by an anti-abortion advocacy group, Wisconsin Right to Life (WRTL), to run ads asking viewers to contact their senators and urge them to oppose filibusters of judicial nominees. WRTL tried to run its ads during the 30 and 60-day “blackout” periods before the upcoming 2004 elections, but because it accepted corporate contributions and was itself incorporated, the McCain-Feingold restrictions prevented the ads from running. WRTL argued that the ads were not targeting candidates, but were strictly issue-related (see Mid-2004 and After). The case was initially dismissed, but the Supreme Court reversed that decision and remanded the case back to the lower courts. The Federal Election Commission (FEC) argued that the ads were intended to influence US Senate elections in Wisconsin, and thusly should be regulated by McCain-Feingold. A district court disagreed, ruling against the FEC and finding that the ads were “protected speech” (see January 30, 1976), though it limited its findings solely to the WRTL ads and specified that its ruling was not to apply to other cases. The FEC appealed the case to the US Supreme Court, which in a 5-4 decision finds that the district court’s ruling is valid. Chief Justice John Roberts writes the majority opinion, which establishes broad exemptions for advertisements that could be “reasonably” interpreted as being about legislative issues and not directed on behalf of, or against, a particular candidate. As long as “issue ads” do not contain the “functional equivalent” of express advocacy for or against a candidate, the Roberts opinion holds, and the advertisements are legal. The ads involve “core political speech” that is protected by the First Amendment, Roberts finds: “We give the benefit of the doubt to speech, not censorship.” Justice David Souter writes the dissenting opinion. Justices Antonin Scalia and Clarence Thomas write a concurring opinion that joins them with Roberts and the other two conservative justices, but in their concurrence, they say they would overturn the McCain-Feingold law in its entirety. (Geraci 2006 pdf file; Savage 6/26/2007; FindLaw 2011; National Public Radio 2012; Oyez (.org) 7/1/2012) Roberts is careful in the language of his majority opinion, writing that “the First Amendment requires us to err on the side of protecting political speech rather than suppressing it.” He does not directly advocate for the overturning of the McCain-Feingold law, but referring to the 2003 McConnell decision that upheld the law (see December 10, 2003), he writes, “We have no occasion to revisit that determination today.” In 2012, reporter Jeffrey Toobin will write of Roberts’s use of the word “today,” “To those who know the language of the Court, the Chief Justice was all but announcing that five justices would soon declare the McCain-Feingold law unconstitutional.” (Toobin 5/21/2012) Toobin is referring to the 2010 Citizens United decision that will overturn most of the law (see January 21, 2010).

Conversations between Iranian military commanders indicate that Iran’s nuclear weapons program has been shut down for years. The calls are intercepted by the US and lead to the realization that the program was halted in 2003 (see December 3, 2007). However, when they first learn of them, senior White House officials will balk at accepting those calls, with some suggesting that the secretly intercepted calls are part of a clever Iranian disinformation campaign. Intelligence officers will spend months validating the new information before determining it is real. (Linzer and Warrick 12/4/2007)

Security forces after the Sheba temple bombing.Security forces after the Sheba temple bombing. [Source: Marib Press / Associated Press]A suicide bomber drives into a convoy of Spanish tourists visiting an ancient temple in Yemen, killing eight Spaniards and two Yemenis. The attack takes place near a 3,000 year old temple dedicated to the Queen of Sheba, about 85 miles east of the capital of Sana’a. No group claims responsibility for the bombing, but less than two weeks earlier, the US embassy issued a warning for Americans to avoid the area, due to suspicions of a planned al-Qaeda attack. (Associated Press 7/3/2007; BBC 8/8/2007) One month later, Yemeni security forces kill some suspected al-Qaeda militants, including three men, Ali bin Ali Naser Doha, Naji Ali Jaradan, and Abdul-Aziz Saeed Jaradan, who are believed to have been involved in the bombing. One of those that is not killed is Kassem al-Raimi, an alleged top al-Qaeda operative thought to have masterminded the attack. Al-Raimi was one of many who escaped from a Yemeni prison the year before (see February 3, 2006). (BBC 8/8/2007; Al-Ariqi 8/12/2007) In several interviews after the bombing, Yemeni President Ali Abdallah Saleh will claim his government has reached a new truce with al-Qaeda. (Associated Press 10/26/2007)

Manfo Kwaku Asiedu (left) and Adel Yahya (right).Manfo Kwaku Asiedu (left) and Adel Yahya (right). [Source: Metropolitan Police]Four men are found guilty of plotting to bomb London’s transport network on 21 July, 2005, two weeks after the 7/7 bombings (see July 21, 2005). After a six-month trial, the jury unanimously convicts Muktar Ibrahim, Yassin Omar, Ramzi Mohammed, and Hussain Osman, of conspiracy to murder. The four are sentenced to life imprisonment, with a minimum sentence of 40 years. Evidence included thousands of hours of CCTV film, as well as a suicide note left by Mohammed for his girlfriend and two children asking them to “rejoice in happiness.” The men had also been monitored attending a militant training camp in the Lake District in 2004 (see May 2-August 2004). No verdict is reached for two other men accused of being members of the conspiracy. The men, Adel Yahya and Manfo Kwaku Asiedu, face a retrial. (BBC 7/10/2007) Asiedu is said to have been the fifth bomber who abandoned his bomb at the last minute. He says he went along with the plot because he feared being killed by the others. Yahya is not accused of directly taking part in the attempted bombings, but is charged with assisting the others, for example by buying some of the bomb-making materials. (BBC 7/11/2007) Shortly before the retrial is to begin, Asiedu pleads guilty and is sentenced to 33 years in prison, while Yahya pleads guilty to a lesser charge of possessing terrorist information and is sentenced to seven years in prison. (Malvern 11/5/2007; Gardham 11/21/2007) The defendants claim that the bombs were fakes and that the plot was a protest against the war in Iraq. Prosecutor Nigel Sweeney tells the jury that the plot “had been in existence long before the events of July 7” and was not a “hastily-arranged copycat” operation. Responding to the defense, Sweeney says: “The failure of those bombs to explode owed nothing to the intention of these defendants, rather it was simply the good fortune of the traveling public that day that they were spared.” (BBC 7/10/2007) The judge, Justice Adrian Fulford, also dismisses the suggestion that the men did not intend to cause carnage. He says, “This was a viable and a very nearly successful attempt at mass murder.” (BBC 7/11/2007)

Alberto Gonzales testifies before Congress.Alberto Gonzales testifies before Congress. [Source: Associated Press]Attorney General Alberto Gonzales lied to Congress during Congressional hearings over the reauthorization of the USA Patriot Act (see March 9, 2006). In testimony before Congress, Gonzales asserted that he knew nothing of any abuses of National Security Letters (NSLs), documents that require employers, librarians, and others to turn over information on their employees and patrons to the government, and further require that those served with NSLs remain silent about them and the information being given over. But internal FBI documents made available on this day reveal that Gonzales indeed had been briefed about such abuses. (The Justice Department is fighting two court cases from plaintiffs seeking to halt the indiscriminate and allegedly unconstitutional use of NSLs to demand information about US citizens that, by law, should remain private.) George Christian, a Connecticut librarian who fought the FBI over its demand for information about his library patrons (see July 13, 2005 and April 11, 2007), says, “Having experienced first-hand the impact of the government’s abuse of surveillance powers, it is particularly disheartening to learn more and more about the deceit surrounding that abuse. I and my colleagues were fortunate enough to have the gag order against us lifted, but thousands more believed to have received national security letters are not so lucky, and must suffer the injustice in silence. It’s bad enough that these abuses occur, but salt is added to the wound when the top law enforcement agent in the country knows about the abuses, does nothing to correct them, and then plays ignorant when confronted with them.” (American Civil Liberties Union 7/10/2007)

A man claiming to be al-Qaeda second-in-command Ayman al-Zawahiri condemns the Pakistani Army’s raid of the Red Mosque (Lal Masjid), a center of Islamist militancy in Islamabad, Pakistan (see July 3-11, 2007). In an audio tape released on the Internet, the man says: “Muslims of Pakistan: your salvation is only through jihad [holy war]… Rigged elections will not save you, politics will not save you, and bargaining, bootlicking, negotiations with the criminals, and political maneuvers will not save you.… This crime can only be washed away by repentance or blood. If you do not revolt, [Pakistani President Pervez] Musharraf will annihilate you. Musharraf will not stop until he uproots Islam from Pakistan.” (BBC 7/11/2007; Associated Press 7/11/2007) The audio tape appears just days after the raid on the Red Mosque began. The Sunday Times notes, “Diplomats were surprised by the speed with which the fugitive al-Zawahiri condemned the raid and called on Pakistanis to rise up against Musharraf.” (Nelson and Hasnain 7/15/2007) The Sunday Times will claim that al-Zawahiri and other al-Qaeda leaders were secretly directing the militants in the mosque (see July 15, 2007). Osama bin Laden also apparently condemns the Red Mosque raid, but it will take until September for his message to appear (see September 20, 2007).

Justice Department official Patrick Philbin testifies in a closed session of the House Intelligence Committee on the subject of interrogation tactics. Philbin testifies that each of the 24 approved interrogation tactics used by US personnel to interrogate terrorist suspects are “plainly lawful.” He notes that laws such as the Military Extraterritorial Jurisdiction Act and the Uniform Code of Military Justice define, to an extent, what is and is not torture, and prohibit excessive interrogation methods that might come under that rubric. He also notes that the US is a signatory to the Convention Against Torture (see October 21, 1994), which defines torture broadly as the intentional infliction of “severe pain or suffering” by anyone acting in an official capacity. He insists the US has done nothing to violate this treaty, nor the War Crimes Act, the Geneva Conventions, or Fifth and the Eighth Amendments to the US Constitution. Although terrorist organizations such as al-Qaeda and “extragovernmental” organizations such as the Taliban do not fall under the protection of the Geneva Conventions, Philbin argues that the US continues to follow its guidelines in its treatment of prisoners from those groups “to the extent consistent with military necessity…” (House Intelligence Committee 7/14/2007 pdf file) However, in 2004, a classified report by the CIA’s Inspector General concluded that some of the interrogation techniques used by the CIA probably did violate the Convention Against Torture (see May 7, 2004).

Juma al-Dosari in Saudi Arabia after his release.Juma al-Dosari in Saudi Arabia after his release. [Source: Nancy Durham / CBC]The Defense Department releases 16 Saudis being held in Guantanamo prison and returns them to Saudi Arabia. One of them is Juma al-Dosari, a dual Bahraini/Saudi citizen, and apparently a long-time al-Qaeda operative. (Bew 7/17/2007)
Extensive Al-Qaeda Links - Al-Dosari was known as “the closer” for recruiting new al-Qaeda operatives, and he recruited the “Lackawanna Six” in New York State while he lived in the US from 1999 to 2001. According to his 2006 Guantanamo Administrative Review Board evidence review, there is a long list of evidence tying him to al-Qaeda since he was 16-years old in 1989, just one year after al-Qaeda was founded. He fought with militants in Bosnia, Chechnya, and Tajikistan. He was arrested in Kuwait and then again in Saudi Arabia for suspected involvement in the 1996 Khobar Towers bombings (see June 25, 1996), but released without charge both times. An unnamed source claims he was involved in the 2000 USS Cole bombing (see October 12, 2000). He was arrested during the battle of Tora Bora, Afghanistan, in late 2001, and then sent to Guantanamo. US intelligence intercepted communications between him and Osama bin Laden’s son Saad bin Laden, and also him and al-Qaeda leader Khallad bin Attash (see November 2001-May 2002). (PBS Frontline 10/16/2003; PBS Frontline 10/16/2003; US Department of Defense 9/13/2006 pdf file)
Release Unnoticed, Unexplained - Al-Dosari’s 2007 release goes almost entirely unnoticed by the US media, despite previous articles and books discussing his recruitment of the “Lackawanna Six.” In June 2008, retired FBI agent Peter Ahearn will comment to the Buffalo News that he is baffled that the US government never criminally prosecuted al-Dosari, and then released him. “We felt strongly that we could try him in Buffalo on criminal charges, but the Justice Department declined.” Ahearn is upset that al-Dosari “is walking around as a free man in Saudi Arabia.” (Herbeck 6/22/2008)
"Rehabilitated" in Saudi Arabia - Upon arriving in Saudi Arabia, al-Dosari is admitted into a “soft approach” government rehabilitation program designed to prevent militants from relapsing back into violent extremism (see 2007 and After). He is given a car, psychological therapy, a monthly allowance, help to find a job, and help to get married. He had attempted to commit suicide over a dozen times while in Guantanamo. In 2008, it will be reported that he is doing well in Saudi Arabia, with a new wife and a new job. He now says Osama bin Laden “used my religion and destroyed its reputation.” (Fleishman 12/21/2007; Toumi 2/22/2008)

President Bush signs Executive Order 13440, which authorizes the CIA to continue using so-called “harsh” interrogation methods against anyone in US custody suspected of being a terrorist, or having knowledge of terrorist activities. The order relies on, and reaffirms, Bush’s classification of “al-Qaeda, Taliban, and associated forces” as “unlawful enemy combatants” who are not covered under the Geneva Conventions. The order also emphasizes that the Military Commissions Act (MCA) (see October 17, 2006) “reaffirms and reinforces the authority of the president to interpret the meaning and application of the Geneva Conventions.” The order does not include “murder, torture, cruel or inhuman treatment, mutilation or maiming, intentionally causing serious bodily injury, rape, sexual assault or abuse, taking of hostages, or performing of biological experiments… other acts of violence serious enough to be considered comparable to murder, torture, mutilation, and cruel or inhuman treatment… any other acts of cruel, inhuman, or degrading treatment or punishment prohibited” by law. It also precludes acts of extreme humiliation “that any reasonable person, considering the circumstances, would deem the acts to be beyond the bounds of human decency, such as sexual or sexually indecent acts undertaken for the purpose of humiliation, forcing the individual to perform sexual acts or to pose sexually, [or] threatening the individual with sexual mutilation, or using the individual as a human shield.” The order also excludes acts that denigrate a detainee’s religion or religious practices. (White House 7/20/2007) The order does not apply to the Army, which has numerous interrogators operating at Guantanamo and other US detention facilities. (Social Science Research Network 3/18/2008) CIA Director Michael Hayden says, “We can now focus on our vital work, confident that our mission and authorities are clearly defined.” Administration officials say that because of the order, suspects now in US custody can be moved immediately into the “enhanced interrogation” program. Civil libertarians and human rights advocates are much less enamored of the new order. Human Rights Watch official Tom Malinowski says, “All the order really does is to have the president say, ‘Everything in that other document that I’m not showing you is legal—trust me.’” (deYoung 7/21/2007) In January 2009, President Obama will withdraw the order. (Ackerman 4/21/2009)

Representative Ron Paul, profiled in a New York Times article, answers a question about his connections to the John Birch Society (JBS—see March 10, 1961, 1978-1996, August 4, 2008 and December 2011). “Oh, my goodness, the John Birch Society!” Paul replies in what the reporter calls “mock horror.” “Is that bad? I have a lot of friends in the John Birch Society. They’re generally well educated and they understand the Constitution. I don’t know how many positions they would have that I don’t agree with. Because they’re real strict constitutionalists, they don’t like the war, they’re hard-money people.” (Caldwell 7/22/2007) The JBS is, according to the Southern Poverty Law Center, a prominent right-wing extremist group that has accused a number of lawmakers, including former President Dwight D. Eisenhower, of being “closet Communists,” and promotes “wild conspiracy theories” such as the “international Jewish” conspiracy to control the global economy and the idea that the World War II Holocaust never happened. The JBS has been a pioneer in what an analysis by Political Research Associates (PRA) will call “the encoding of implicit cultural forms of ethnocentric white racism and Christian nationalist antisemitism rather than relying on the white supremacist biological determinism and open loathing of Jews that had typified the old right prior to WWII.” PRA will note, “Throughout its existence, however, the Society has promoted open homophobia and sexism.” (Political Research Associates 2010; Zaitchick 8/17/2010)

Steven Bradbury, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo on what a new interpretation of the Geneva Conventions’ Common Article 3 means for the CIA’s “enhanced interrogation program.” The Bradbury memo, released after months of debate among Bush officials regarding the ramifications of the recent Supreme Court decision extending Geneva protections to enemy combatants in US custody (see June 30, 2006), new legislation following the Court’s decision (see October 17, 2006), and an executive order on interrogations (see July 20, 2007), spells out what interrogation practices the CIA can use. The memo’s existence will not become known until after the 2009 release of four Justice Department torture memos (see April 16, 2009). Michael Ratner of the Center for Constitutional Rights will say upon learning of the memo, “The CIA still seems to want to get authority to interrogate people outside of what would be found to be a violation of the Geneva Conventions and the law.” Ratner will add that the memo raises questions about why the CIA felt it needed expanded authorities for interrogations. “What we don’t know is whether, after Hamdan, that 2007 memo modifies what the CIA is able to do in interrogation techniques,” he will say. “But what’s more interesting is why the CIA thinks it needs to use those interrogation techniques. Who are they interrogating in 2007? Who are they torturing in 2007? Is that they’re nervous about going beyond what OLC has said? These are secret-site people. Who are they? What happened to them?” (Ackerman 4/21/2009)

Legal analyst Jeffrey Toobin says he is “shocked” and “appalled” by the apparent perjury of Attorney General Alberto Gonzales to Congress. Gonzales testified (see July 24, 2007) under oath about a 2004 visit to a hospitalized John Ashcroft by himself and then-White House chief of staff Andrew Card to pressure Ashcroft, then the attorney general, to overrule the acting attorney general, James Comey, and reauthorize the National Security Agency’s domestic wiretapping program (see December 15, 2005). Toobin says of Gonzales’s apparent perjury, “You know, it’s our job to be jaded and not to be shocked. But I’m shocked. I mean, this is such an appalling set of circumstances. And the Justice Department is full of the most honorable, decent, skilled lawyers in the country. And to be led by someone who is so repudiated by members of both parties is, frankly, just shocking.” Toobin explains the nature of Gonzales’s alleged lies: when Gonzales was first asked, under oath, if there was any dispute among Justice Department and White House officials over the NSA program, he denied any such debates had taken place (see May 16, 2007). But months later, Comey testified (see May 15, 2007) that there was so much dissension in the Justice Department concerning the program that the attempt to pressure the ailing Ashcroft to reauthorize the program brought the dissent to a head: Comey, Ashcroft, FBI director Robert Mueller, and other officials threatened to resign if the program was not brought into line. Comey flatly contradicted Gonzales’s version of events. (Weeks from now, Mueller will release five pages of his own notes from that 2004 hospital meeting that will confirm Comey’s veracity; see August 16, 2007.) After Comey’s testimony called Gonzales’s truthfulness into question, Gonzales changed his story. He told his Congressional questioners that there were in fact two different programs that were being discussed at Ashcroft’s bedside, one controversial and the other not. Mueller has also testified that there is only one program causing such dispute: the NSA warrantless surveillance program. Toobin says, “So, this week, what happened was, the Senators said, well, what do you mean? How could you say it was uncontroversial, when there was this gigantic controversy? And Gonzales said, oh, no, no, no, we’re talking about two different programs. One was controversial. One wasn’t. But Mueller said today it was all just one program, and Gonzales, by implication, is not telling the truth.” The White House contends that the apparent contradiction of Gonzales’s varying statements is explained by the fact that all such surveillance programs are so highly classified that Gonzales cannot go into enough detail about the various programs to explain his “confusing” testimony. But Toobin disputes that explanation: “Mueller didn’t seem confused. No one seems confused, except Alberto Gonzales.” (CNN 7/26/2007; Edwards and Menaker 7/27/2007)

After alleged al-Qaeda leader Muhammad Rahim al-Afghani is captured in Lahore, Pakistan, by local forces in July 2007 (see July 2007), he is soon transferred to a secret CIA prison. He is held in the CIA’s secret prison system until March 14, 2008, when he is transferred to the US-run prison in Guantanamo, Cuba. (Meyer and Williams 3/15/2008) It is not known when he is captured or handed to the CIA exactly, but a newspaper report on August 2, 2007, indicates he is already in US custody. (Asian News International 8/2/2007)
Secret CIA Prison System Still Operational - It is also not known where he is held exactly. In September 2006, President Bush announced that the CIA’s secret prisons had been emptied, at least temporarily, and the remaining prisoners had been transferred to Guantanamo (see September 6, 2006 and September 2-3, 2006). Since then, there has only been one instance of anyone held in secret CIA custody, and that was Abd al-Hadi al-Iraqi, held by the CIA from autumn 2006 until April 2007 (see Autumn 2006-Late April 2007). Rahim’s custody indicates that the CIA prison system is still being used, although Rahim may be the only prisoner held in it at this time. (Meyer and Williams 3/15/2008)
Is Rahim Interrogated Using Legally Questionable Methods? - In August and November 2007, an unnamed prisoner in a secret CIA prison is forced to stay awake for up to six days straight. This is almost certainly Rahim. The US State Department considers this treatment torture when other countries do it (see August and November 2007).

British Foreign Secretary David Miliband formally asks the Bush administration to release five British citizens from detention at Guantanamo. The administration will release three, but refuse to release Binyam Mohamed (see May-September, 2001 and November 4, 2005) and Shaker Aamer, citing security concerns. (Guardian 2/5/2009)

During the Senate debate over the controversial Protect America Act (see August 5, 2007), Minority Leader Trent Lott (R-MS) says that the threat from terrorism is so dire, and so imminent, that lawmakers should pass the law and then get out of Washington as soon as they can to save their own lives. (Congress goes into recess in a few days.) Lott says that Congress needs to pass the PAA, otherwise, “the disaster could be on our doorstep.” He continues, “I think it would be good to leave town in August, and it would probably be good to stay out until September the 12th.” Lott provides no information about any predictions of an imminent terrorist attack on Washington or anywhere else. (Roll Call 8/2/2007)

Congressional Democrats attempt to short-circuit the Protect America Act (see August 5, 2007) currently under debate. They introduce their own bill, the Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act, that would address the administration’s concerns that the Foreign Intelligence Surveillance Act imposed unwieldy limitations on the NSA’s ability to electronically monitor foreign communications that were transmitted through communications networks inside the US. The Democrats’ bill redefines “electronic surveillance” to allow the NSA to monitor such communications without a FISA warrant if it “reasonably believes” the targets of those communications to be outside the US. This would give the NSA new surveillance powers, so the Democrats’ bill provides for oversight by the FISA Court, audits by the Justice Department’s Inspector General, and restrictions on domestic surveillance. However, the Bush administration does not want the bill to become law. President Bush announces that he opposes the bill, and threatens to hold Congress in session past its August adjournment date until he can get the Protect America Act passed. The Democrats’ bill dies before ever coming up for a full vote in Congress. (US House of Representatives 8/3/2007 pdf file; Keefe 8/6/2007)

Mitch McConnell.Mitch McConnell. [Source: US Senate]President Bush signs the controversial Protect America Act (PAA) into law. The bill, which drastically modifies the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978), was sponsored by two Senate Republicans, Mitch McConnell (R-KY) and Christopher Bond (R-MO), but written by the Bush administration’s intelligence advisers. (US Senate 8/5/2007; Nakashima and Warrick 8/5/2007) It passed both houses of Congress with little debate and no hearings (see August 1-4, 2007). “This more or less legalizes the NSA [domestic surveillance] program,” says Kate Martin, director of the Center for National Security Studies. (Risen 8/6/2007) Slate’s Patrick Radden Keefe adds ominously, “The Foreign Intelligence Surveillance Act is now dead, and it’s never coming back.” (Keefe 8/6/2007) The PAA expires in six months, the only real concession Congressional Democrats were able to secure. Though the Bush administration and its allies in Congress insist that the law gives the government “the essential tools it needs” to conduct necessary surveillance of foreign-based terrorists while protecting Americans’ civil liberties, many Democrats and civil liberties organizations say the bill allows the government to wiretap US residents in communication with overseas parties without judiciary or Congressional oversight. Bush calls the bill “a temporary, narrowly focused statute to deal with the most immediate shortcomings in the law” that needs to be expanded and made permanent by subsequent legislation. The administration says that the lack of judiciary oversight in the new law will be adequately covered by “internal bureaucratic controls” at the National Security Agency. (Associated Press 8/5/2007; Nakashima and Warrick 8/5/2007)
Reining in FISA - The PAA allows FISA to return “to its original focus on protecting the rights of Americans, while not acting as an obstacle to conducting foreign intelligence surveillance on foreign targets located overseas.” Before the PAA, the White House says, FISA created unnecessary obstacles in allowing US intelligence to “gain real-time information about the intent of our enemies overseas,” and “diverted scarce resources that would be better spent safeguarding the civil liberties of people in the United States, not foreign terrorists who wish to do us harm.” The PAA no longer requires the government to obtain FISA warrants to monitor “foreign intelligence targets located in foreign countries” who are contacting, or being contacted by, US citizens inside US borders. FISA will continue to review the procedures used by US intelligence officials in monitoring US citizens and foreign contacts by having the attorney general inform the FISA Court of the procedures used by the intelligence community to determine surveillance targets are outside the United States.”
Allows Third Parties to Assist in Surveillance, Grants Immunity - The PAA also allows the director of national intelligence and the attorney general to secure the cooperation of “third parties,” particularly telecommunications firms and phone carriers, to “provide the information, facilities, and assistance necessary to conduct surveillance of foreign intelligence targets located overseas.” It provides these firms with immunity from any civil lawsuits engendered by such cooperation.
Short Term Legislation - The White House says that Congress must pass further legislation to give telecommunications firms permanent and retroactive immunity against civil lawsuits arising from their cooperation with the government’s domestic surveillance program. (White House 8/6/2006)
Temporary Suspension of the Constitution? - Representative Rush Holt (D-NJ), a member of the House Intelligence Committee, says: “I’m not comfortable suspending the Constitution even temporarily. The countries we detest around the world are the ones that spy on their own people. Usually they say they do it for the sake of public safety and security.” (Nakashima and Warrick 8/5/2007)

John Brennan.John Brennan. [Source: PBS]An article in the New Yorker magazine reveals that the CIA interrogations of 9/11 mastermind Khalid Shaikh Mohammed (KSM) were not as reliable as they are typically made out to be. Mohammed was interrogated with methods such as waterboarding that are regarded as torture by many. CIA official John Brennan, former chief of staff for CIA Director George Tenet, acknowledges, “All these methods produced useful information, but there was also a lot that was bogus.” One former top CIA official estimates that “ninety per cent of the information was unreliable.” Cables of Mohammed’s interrogation transcripts sent to higher-ups reportedly were prefaced with the warning that “the detainee has been known to withhold information or deliberately mislead.” (Mayer 8/6/2007) For instance, one CIA report of his interrogations was called, “Khalid Shaikh Mohammed’s Threat Reporting—Precious Truths, Surrounded by a Bodyguard of Lies” (see June 16, 2004). (McDermott 6/23/2004) Former CIA analyst Bruce Riedel asks, “What are you going to do with KSM in the long run? It’s a very good question. I don’t think anyone has an answer. If you took him to any real American court, I think any judge would say there is no admissible evidence. It would be thrown out.” Senator Carl Levin (D-MI) says, “A guy as dangerous as KSM is, and half the world wonders if they can believe him—is that what we want? Statements that can’t be believed, because people think they rely on torture?” (Mayer 8/6/2007) Journalist James Risen wrote in a 2006 book, “According to a well-placed CIA source, [Mohammed] has now recanted some of what he previously told the CIA during his interrogations. That is an enormous setback for the CIA, since [his debriefings] had been considered among the agency’s most important sources of intelligence on al-Qaeda. It is unclear precisely which of his earlier statements [he] has now disavowed, but any recantation by the most important prisoner in the global war on terror must call into question much of what the United States has obtained from other prisoners around the world…” (Risen 2006, pp. 33) In a 2008 Vanity Fair interview, a former senior CIA official familiar with the interrogation reports on Mohammed will say, “90 percent of it was total f_cking bullsh_t.” A former Pentagon analyst will add: “KSM produced no actionable intelligence. He was trying to tell us how stupid we were.” (Rose 12/16/2008)

Aziz Huq.Aziz Huq. [Source: American Prospect]Aziz Huq, an author and the director of the Brennan Center for Justice at New York University, writes that the Protect America Act (PAA-see August 5, 2007) came about as a result of what he calls “the most recent example of the national security waltz, a three-step administration maneuver for taking defeat and turning it into victory.” Step one is a court defeat for the administration, for example regarding detainees at Guantanamo (see June 28, 2004), or the overruling of military commissions in 2006 (see June 30, 2006). The second step, which comes weeks or months later, is an announcement that the ruling has created a security crisis and must be “remedied” through immediate legislation. The third and final step is the administration pushing legislation through Congress, such as the Detainee Treatment Act (see December 15, 2005) or the Military Commissions Act, that, Huq writes, “not only undoes the good court decision but also inflicts substantial damage to the infrastructure of accountability.”
Step One: FISC Refuses to Approve NSA's Surveillance Program - In January 2007, the administration announced that it was submitting the NSA’s domestic surveillance program to the Foreign Intelligence Surveillance Court (FISC), the secret court that issues FISA warrants for surveillance (see May 1, 2007). This was due to pending court cases threatening to rule the program in violation of FISA and the Fourth Amendment; the administration wanted to forestall, or at least sidestep, those upcoming rulings. In June, FISC refused to approve parts of the NSA program that involved monitoring overseas communications that passed through US telecom switches. Since a tremendous amount of overseas communications are routed through US networks, this ruling jeopardized the NSA’s previous ability to wiretap such communications virtually at will without a warrant. The administration objected to the NSA having to secure such warrants.
Step Two: The Drumbeat Begins - Months later, the drumbeat for new legislation to give the NSA untrammeled rights to monitor “overseas” communications, which not only traveled through US networks, but often began or ended with US citizens, began with appearances in the right-wing media by administration supporters, where they insisted that the FISC ruling was seriously hampering the NSA’s ability to garner much-needed intelligence on terrorist plots against the US. The White House and Congressional Republicans drafted legislation giving the NSA what it wanted, and presented it during the last week of the Congressional session, minimizing the time needed for scrutiny of the legislation as well as reducing the time available for meaningful debate.
Step Three: Passing a Law With Hidden Teeth - The legislation that would become the Protect America Act was carefully written by Bush officials, and would go much farther than giving the NSA the leeway it needed to wiretap US citizens. Instead, as Huq writes, “the Protect America Act is a dramatic, across-the-board expansion of government authority to collect information without judicial oversight.” Democrats believed they had negotiated a deal with the administration’s Director of National Intelligence, Mike McConnell, to limit the law to addressing foreign surveillance wiretaps, but, Huq writes, “the White House torpedoed that deal and won a far broader law.” The law removes any real accountability over domestic surveillance by either Congress or the judiciary. Former CIA officer Philip Giraldi says that the PAA provides “unlimited access to currently protected personal information that is already accessible through an oversight procedure.” The law is part of the administration’s continual attempts to “eviscerat[e]” the checks and balances that form the foundation of US democracy.
Ramifications - The law includes the provision that warrantless surveillance can be “directed at a person reasonably believed to be located outside of the United States.” Huq writes that this is a tremendously broad and vague standard that allows “freewheeling surveillance of Americans’ international calls and e-mails.” He adds: “The problem lies in the words ‘directed at.’ Under this language, the NSA could decide to ‘direct’ its surveillance at Peshawar, Pakistan—and seize all US calls going to and from there.… Simply put, the law is an open-ended invitation to collect Americans’ international calls and e-mails.” The law does not impose any restrictions on the reason for surveillance. National security concerns are no longer the standard for implementing surveillance of communications. And the phrase “reasonably believe” is uncertain. The provisions for oversight are, Huq writes, “risibly weak.” Surveillance need only be explained by presentations by the Director of National Intelligence and the Attorney General to FISC, which has little room to invalidate any surveillance, and furthermore will not be informed of any specific cases of surveillance. As for Congress, the Attorney General only need inform that body of “incidents of noncompliance” as reported by the administration. Congress must rely on the administration to police itself; it cannot demand particulars or examine documentation for itself. The law expires in six months, but, Huq notes, that deadline comes up in the middle of the 2008 presidential campaign, with all the pressures that entails. And the law allows “the NSA to continue wielding its new surveillance powers for up to a year afterward.” The law, Huq writes, “does not enhance security-related surveillance powers. Rather, it allows the government to spy when there is no security justification. And it abandons all but the pretense of oversight.” (Huq 8/7/2007)

Ron Wyden.Ron Wyden. [Source: Public domain / US Congress]Senator Ron Wyden (D-OR) writes to the Justice Department’s acting head of the Office of Legal Counsel (OLC), Steven Bradbury, asking for clarification of the Bush administration’s stance on the Geneva Conventions as they apply to the interrogation of detainees. Wyden notes that President Bush has recently affirmed that the US would observe the conventions’ standards on humane treatment of all prisoners, and asks precisely how the OLC defines the concept of “humane treatment.” Wyden wants to know what circumstances definitions of that term might vary under, and asks the same questions of the term “cruel, inhuman, and degrading treatment.” The principal deputy assistant attorney general, Brian Benczkowski, will answer Wyden’s letter on September 27, 2007 (see September 27, 2007). (US Senate 8/8/2007 pdf file)

Hambali, circa 2008.Hambali, circa 2008. [Source: US Defense Department]Fourteen “high value” detainees held by the US in Guantanamo Bay (see March 9-April 28, 2007) are ruled to be “enemy combatants.” The detainees include 9/11 mastermind Khalid Shaikh Mohammed, 9/11 coordinator Ramzi bin al-Shibh, Jemaah Islamiyah leader Hambali, and al-Qaeda leaders Khallad bin Attash and Abd al-Rahim al-Nashiri. However, a judge had previously ruled that designating a detainee an “enemy combatant” was meaningless and that a person designated an enemy combatant could not be tried under the Military Commissions Act (see June 4, 2007). The Washington Post comments, “It is unclear if these men can be tried at military commissions without a change in the law or a newly designed review.” (White 8/10/2007)

Former Nixon White House counsel John Dean considers the newly passed Protect America Act (PAA—see August 5, 2007) a dire threat to American civil liberties. Dean writes that the ire of rank-and-file Democrats with their Congressional leadership is well earned, that the Democrats meekly lined up and voted it into law after some pro forma protestations. Dean notes that editorialists from around the country, and organizations as politically disparate as the ACLU (see August 6, 2007), the Cato Institute, and the John Birch Society (see March 10, 1961 and December 2011) all agree that the new law is a serious threat to civil liberties. They all agree that the law violates the Fourth Amendment while at the same time hides its operations under the rubric of national security secrecy. Dean notes, “Congress was not even certain about the full extent of what it has authorized because President Bush and Vice President Cheney refused to reveal it.”
Executive Power Grab - Dean writes that as much of a threat as the PAA is to citizens’ privacy, it is more threatening because it is another step in the Bush administration’s push for enhancing the powers of the executive branch at the expense of the legislative and judiciary branches, a move towards a so-called “unitary executive.” Bush and Cheney have worked relentlessly “to weaken or eliminate all checks and balances constraining the executive,” Dean writes, pointing to “countless laws enacted by the Republican-controlled Congresses during the first six years of the administration, and in countless signing statements added by the president interpreting away any constraints on the Executive.” The new law “utterly fails to maintain any real check on the president’s power to undertake electronic surveillance of literally millions of Americans. This is an invitation to abuse, especially for a president like the current incumbent.”
Repairing the Damage - Dean is guardedly optimistic about the Democrats’ stated intentions to craft a new law that will supersede the PAA, which expires in February 2008, and restore some of the protections the PAA voids. Any such legislation may be quickly challenged by the Bush administration, which wants retroactive legislative immunity from prosecution for both US telecommunications firms cooperating with the government in monitoring Americans’ communications, and for government officials who may have violated the law in implementing domestic surveillance. Dean writes: “[B]efore Congress caved and gave Bush power to conduct this surveillance, he and telecommunication companies simply opted to do so illegally. Now, Bush will claim, with some justification, that because Congress has now made legal actions that were previously illegal, it should retroactively clear up this nasty problem facing all those who broke the law at his command.” Dean writes that Democrats need only do one thing to “fix [this] dangerous law: [add] meaningful accountability.” He continues: “They must do so, or face the consequences. No one wants to deny the intelligence community all the tools it needs. But regardless of who sits in the Oval Office, no Congress should trust any president with unbridled powers of surveillance over Americans. It is not the way our system is supposed to work.” (Dean 8/10/2007)

AT&T attorney Michael Kellogg enters the courtroom.AT&T attorney Michael Kellogg enters the courtroom. [Source: Wired News]The Ninth Circuit Court of Appeals in San Francisco hears two related cases: one a government appeal to dismiss a case brought against AT&T for its involvement in the National Security Agency (NSA)‘s domestic wiretapping program (see July 20, 2006), and the other a challenge to the government’s authority to wiretap overseas phone calls brought on behalf of a now-defunct Islamic charity, Al Haramain (see February 28, 2006). The AT&T lawsuit is brought by the Electronic Frontier Foundation (see January 31, 2006). Among the onlookers is AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009), who has provided key documentation for the EFF lawsuit (see Early January 2006).
Government Lawyer: Court Should Grant 'Utmost Deference' to Bush Administration - Deputy Solicitor General Gregory Garre, arguing on behalf of the US government, tells Judge Harry Pregerson, one of the three judges presiding over the court, that allowing the EFF lawsuit against AT&T to go forward would result in “exceptionally grave harm to national security in the United States,” even though a previous judge has ruled otherwise (see July 20, 2006) and the government itself has admitted that none of the material to be used by EFF is classified as any sort of state secret (see June 23, 2006). Pregerson says that granting such a request would essentially make his court a “rubber stamp” for the government, to which Garre argues that Pregerson should grant the “utmost deference” to the Bush administration. Pregerson retorts: “What does utmost deference mean? Bow to it?” (Poulsen 8/15/2007) Klein will later accuse Garre of using “scare tactics” to attempt to intimidate the judges into finding in favor of AT&T and the government. (Klein 2009, pp. 79)
Government Refuses to Swear that Domestic Surveillance Program Operates under Warrant - Garre says that the goverment’s domestic surveillance program operates entirely under judicial warrant; he says the government is not willing to sign a sworn affidavit to that effect. Reporter Kevin Poulsen, writing for Wired News, says that Garre’s admission of the government’s reluctance to swear that its domestic surveillance program operates with warrants troubles all three judges. AT&T attorney Michael Kellogg argues that AT&T customers have no proof that their communications are being given over to the government without warrants, and therefore the EFF lawsuit should be dismissed. “The government has said that whatever AT&T is doing with the government is a state secret,” Kellogg says. “As a consequence, no evidence can come in whether the individuals’ communications were ever accepted or whether we played any role in it.” EFF attorney Robert Fram argues that the Foreign Intelligence Surveillance Act (FISA) allows citizens to challenge electronic surveillance by permitting courts to hear government evidence in chambers. He is careful, Poulsen writes, to note that EFF does not want specific information on the NSA’s sources and methods, and says that EFF already has enough evidence to prove its assertion that AT&T compromised its customers’ privacy by colluding with the NSA’s domestic surveillance program.
Government Mocks Whistleblower's AT&T Documentation - Garre mocks Klein’s AT&T documents, saying that all they prove is that the NSA’s secret room in AT&T’s San Francisco facility (see Late 2002-Early 2003, January 2003, and October 2003) “has a leaky air conditioner and some loose cables in the room.” Fram counters that Klein’s documentation is specific and damning. It proves that the NSA housed a splitter cabinet in that secret room that “split” data signals, allowing the NSA to wiretap literally millions of domestic communications without the knowledge of AT&T customers (see February 2003, Fall 2003, Late 2003, and Late 2003). Fram says Klein’s documents, along with other non-classified documentation EFF has presented, proves “the privacy violation on the handover of the Internet traffic at the splitter into the secret room, which room has limited access to NSA-cleared employees. What is not part of our claim is what happens inside that room.” Klein’s documentation proves the collusion between AT&T and the NSA, Fram states, but Judge M. Margaret McKeown questions this conclusion. According to Poulsen, McKeown seems more willing to grant the government the argument that it must protect “state secrets” than Pregerson.
Government Argues for Dismissal of Al Haramain Case - As in the AT&T portion of the appeal hearing, the government, represented by Assistant US Attorney General Thomas Brody, argues for the Al Haramain lawsuit’s dismissal, saying, “The state secrets privilege requires dismissal of this case.” Even the determination as to whether Al Haramain was spied upon, he argues, “is itself a state secret.” The Top Secret government document that Al Haramain is using as the foundation of its case is too secret to be used in court, Brody argues, even though the government itself accidentally provided the charity with the document. Even the plaintiff’s memories of the document constitute “state secrets” and should be disallowed, Brody continues. “This document is totally non-redactable and non-segregable and cannot even be meaningfully described,” he says. A disconcerted Judge McKeown says, “I feel like I’m in Alice and Wonderland.” Brody concludes that it is possible the Al Haramain attorneys “think or believe or claim they were surveilled. It’s entirely possible that everything they think they know is entirely false.” (Singel 8/15/2007)
No Rulings Issued - The appeals court declines to rule on either case at this time. Klein will later write, “It was clear to everyone that this panel would, if they ever issued a ruling, deny the ‘state secrets’ claim and give the green light for the EFF lawsuit to go forward.” (Klein 2009, pp. 79-81) Wired News’s Ryan Singel writes that the panel seems far more sympathetic to the EFF case than the Al Haramain case. The judges seem dismayed that the government fails to prove that no domestic surveillance program actually exists in the EFF matter. However, they seem far more willing to listen to the government’s case in the Al Haramain matter, even though McKeown says that the government’s argument has an “Alice in Wonderland” feel to it. Singel believes the government is likely to throw out the secret document Al Haramain uses as the foundation of its case. However, he writes, “all three judges seemed to believe that the government could confirm or deny a secret intelligence relationship with the nation’s largest telecom, without disclosing secrets to the world.… So seemingly, in the eyes of today’s panel of judges, in the collision between secret documents and the state secrets privilege, ‘totally secret’ documents are not allowed to play, but sort-of-secret documents—the AT&T documents—may be able to trump the power of kings to do as they will.” (Singel 8/15/2007) Wired News’s David Kravets notes that whichever way the court eventually rules, the losing side will continue the appeals process, probably all the way to the US Supreme Court. The biggest question, he says, is whether the NSA is still spying on millions of Americans. (Kravets 8/15/2007)

Rock musician Ted Nugent, brandishing an assault rifle on stage in this undated photo. It is not clear whether the rifle is real.Rock musician Ted Nugent, brandishing an assault rifle on stage in this undated photo. It is not clear whether the rifle is real. [Source: NIN (.com)]During a concert, rock musician Ted Nugent brandishes what appears to be an assault rifle on stage and makes crude and profane comments about Senators Barack Obama (D-IL) and Hillary Clinton (D-NY), the two leading contenders for the Democratic presidential nomination.
Invitations to 'Suck on My Machine Gun' - In a video clip of the incident, Nugent waves the rifle around and shouts: “I was in Chicago. I said, ‘Hey, Obama, you might want to suck on one of these, you punk!’ Obama, he’s a piece of sh_t. I told him to suck on my machine gun. Let’s hear it for it. And I was in New York. I said, ‘Hey, Hillary, you might want to ride one of these into the sunset, you worthless b_tch!” He also invites Senator Barbara Boxer (D-CA) to “suck on my machine gun” and calls Senator Dianne Feinstein (D-CA) a “worthless wh_re.” Nugent, an enthusiastic Republican, has been a member of the National Rifle Association’s board of directors since 1995, and has frequently issued crude and profane criticisms of Democratic candidates and policies.
Fox Host Refuses to Criticize Nugent, Instead Attacks Obama - Three days later, Fox News host Sean Hannity airs a clip of the incident on his show, and, calling Nugent a “friend and frequent guest on the program,” refuses to criticize his statements. Hannity shows the clip, then says: “That was friend and frequent guest on the program Ted Nugent expressing his feelings towards Democratic presidential contenders Barack Obama and Hillary Rodham Clinton. Joining us now, Democratic strategist Bob Beckel and Republican strategist Karen Hanretty.” Hannity asks Beckel why liberals might be upset at Nugent’s rhetoric but, he says, “I don’t hear anybody criticizing Barack Obama for accusing our troops of killing civilians, air-raiding villages, et cetera, et cetera. What’s more shocking to you? What’s more offensive to you? Is it Barack Obama’s statement about our troops or Ted Nugent?” (Hannity is referring to a recent allegation he made that Obama was lying about US troops killing Afghan civilians; Hannity’s allegation was itself false—see August 21, 2007). Beckel responds: “You know, only you could figure out a way to ask a question like that. First of all, Nugent, this is a boy who’s missing a couple dogs from under his front porch. This guy has been pimping for Republicans for years now. They want him to run for Senate against Obama. I can’t believe—when the Dixie Chicks said something about George Bush, which was mild compared to this jerk, and the religious right, the Dobsons and the Robertsons, rose up in fury. You rose up in fury.” (Beckel is referring to complaints from Hannity and other conservatives that followed comments by the lead singer of the country group the Dixie Chicks that criticized President Bush—see March 10, 2003 and After.) Hannity says: “You know, typical Bob Beckel. But you can’t answer the question. I didn’t ask you that.” After a brief period of crosstalk, Beckel asks, “Are you prepared now, Sean—are you prepared to disavow this lowlife or not?” Hannity refuses, saying: “No, I like Ted Nugent. He’s a friend of mine.… [H]e’s a rock star. Yes, here’s my point. If you don’t like it, don’t go to the concert, don’t buy his new albums.” Instead, Hannity asks if Beckel’s “liberal brain can absorb” his question about Obama’s supposed lies regarding Afghanistan, and Beckel responds: “The question is not even a close call. I think Nugent was far over the line and Obama was not.… This Nugent is more offensive. This guy ought to be knocked off the air. He ought to never come on your show again, and if you have him on, you ought to be ashamed of yourself. He’s a bum!”
Hannity Has Criticized 'Hate Speech' Directed at Conservatives - Hannity apparently has different standards for different people. He has accused Clinton of indulging in “hate speech” when she talked about the existence of what she called a “vast right-wing conspiracy.” In March, he devoted an entire segment to a “list of the worst examples of liberal hate speech.” (Roberts 8/24/2007; Media Matters 8/27/2007)

Author and reporter Charlie Savage observes that the Bush administration went far beyond the Reagan-era vision of a “unitary executive” (see April 30, 1986). He writes that the administration decided early on—perhaps before taking office in January 2001—to combine the “unitary executive” theory with the older concept of the “inherent powers” of the presidency (see 1901-1909 and June 30, 1950). Savage writes: “The new and improved Unitary Executive Theory said that Congress could not regulate any executive power, but the theory said nothing about the potential scope of such power. When fused, the two theories transformed any conceivably inherent executive power into an exclusive one. The president could do virtually anything, without any check by Congress.” Savage notes that most legal experts from across the political spectrum have roundly rejected both theories, as has the Supreme Court (see June 2, 1952 and June 1988). “The Bush-Cheney administration legal team regularly ignored the existence of such precedents in its secret advisory opinions” (see November 16-17, 1987 and September 25, 2001). The Bush administration also used an unusual reading of Alexander Hamilton’s discussion of the executive branch’s “unity” in the Federalist Papers, article 70, in which Hamilton advocated that the president’s powers should not be limited by a body of lawmakers. As Savage points out, most legal scholars call this reading “extremely misleading,” and note that Hamilton was writing about the Founding Fathers’ decision to have a single president instead of an executive committee. In fact, Hamilton explicitly repudiated the idea of a “unitary executive” in Federalist 69. Savage writes: “Over and over again, the presidentialists’ most important legal writings failed to make any mention of Federalist 69, even as they selectively quoted tidbits of Federalist 70—and quoted them out of context—as proof for their power to act beyond the limits of statutes passed by Congress.” Conservative law professor Richard Epstein calls the Bush administration’s legal theory “just wrong,” and its lawyers’ failure to acknowledge Federalist 69 “scandalous.” Epstein says: “How can you not talk about Federalist 69? All you have to do is go on Google and put in ‘Federalist Papers’ and ‘commander in chief,’ and it pops up.” (Savage 2007, pp. 124-127)

Bin Laden video in 2004, left, and bin Laden video in 2007, right.Bin Laden video in 2004, left, and bin Laden video in 2007, right. [Source: Al Jazeera (left) and Intelcenter (right)]A man thought to be Osama bin Laden releases a new video message, his first for three years (see October 29, 2004). In the message, which is addressed to the US, the speaker says that actions by radical Islamists have influenced US policy and that American prestige in the world has fallen, even though the interests of radical Islamists “overlap with the interests of the major corporations and also with those of the neoconservatives.” He also criticizes the US media and, due to its treatment of Sunni Muslims, the Iraqi government. The speaker says, “The holocaust of the Jews was carried out by your brethren in the middle of Europe, but had it been closer to our countries, most of the Jews would have been saved by taking refugee with us,” and also references common discrimination against Jews and Muslims in Medieval Spain, pointing out that Jews in Morocco “are alive with us and we have not incinerated them.” In addition, he criticizes the US-led wars in Iraq and Afghanistan, saying that the Democratic party was elected to stop the war, but continues “to agree to the spending of tens of billions to continue the killing and war there,” because “the democratic system permits major corporations to back candidates,” who are then, it is implied, controlled by these corporations. The voice mentions the assassination of former US President John Kennedy and says that “the major corporations who were benefiting” from the Vietnam War “were the primary beneficiary from his killing.” He also references left-leaning writer Noam Chomsky, former CIA bin Laden unit chief Michael Scheuer, global warming, and the Kyoto accord, saying that the democratic system has caused a “massive failure to protect humans and their interests from the greed and avarice of the major corporations and their representatives,” and is “harsher and fiercer than your systems in the Middle Ages.” Finally, the speaker compares US President Bush to former Soviet leader Leonid Brezhnev, who failed to acknowledge the Soviet Union was losing the Afghan War, and calls on the US to get out of Iraq and embrace Islam, which recognizes Mary and Jesus, a “prophet of Allah,” but does not recognize taxation. (Laden 9/7/2007 pdf file; Osama bin Laden 9/7/2007; Osama bin Laden 9/7/2007; Osama bin Laden 9/7/2007) Bin Laden’s beard is different to his beard in previous videos and this leads to some discussion. According to the Washington Post, “The tape’s most striking feature [is] bin Laden’s physical appearance: The straggly, gray-streaked whiskers of his previous images [have] been replaced with a neatly trimmed beard of black or dark brown. While some analysts speculated that the beard [is] fake, others said it [is] likely that bin Laden had dyed his beard, as is customary for older men in some Muslim cultures.” (Warrick 9/8/2007) There are some problems with the video; for example, the picture is frozen for most of the time and the video is spliced (see September 12, 2007).

Waleed Alshehri in his video will.Waleed Alshehri in his video will. [Source: As Sahab]A new video is released featuring an audio statement by a man thought to be Osama bin Laden and a video will by one of the 9/11 hijackers, Waleed Alshehri. The man thought to be bin Laden urges sympathizers to join the “caravan of martyrs” and praises Alshehri, saying, “It is true that this young man was little in years, but the faith in his heart was big.” The audio message is accompanied by a still image of the man thought to be bin Laden, apparently taken from a video released a few days earlier (see September 7, 2007). It is unclear whether the audio message is new or was taped some time before release, although the speaker mentions the death of Abu Musab al-Zarqawi in 2006 (see June 8, 2006). In the will, Alshehri warns the US, “We shall come at you from your front and back, your right and left.” He also criticizes the state of the Islamic world, “The condition of Islam at the present time makes one cry… in view of the weakness, humiliation, scorn and enslavement it is suffering because it neglected the obligations of Allah and His orders, and permitted His forbidden things and abandoned jihad in Allah’s path.” Homeland security adviser Frances Townsend says that the video is not important and that bin Laden is “virtually impotent.” However, MSNBC will comment, “Bin Laden’s new appearances underline the failure to find the terror leader that President Bush vowed in the wake of the Sept. 11 attacks to take ‘dead or alive.’” (MSNBC 9/11/2007)

MSNBC runs an inaccurate story about waterboarding and its alleged usefulness. According to an article by Robert Windrem sourced to four senior US officials, only three detainees have been waterboarded: alleged 9/11 mastermind Khalid Shaikh Mohammed, militant training camp facilitator Abu Zubaida, and Jemaah Islamiyah head Hambali. The article contains several claims that will later be proved false:
bullet It says that al-Qaeda leader Abd al-Rahim al-Nashiri was not one of three detainees who was waterboarded. (Windrem 9/13/2007) However, it will later be generally reported that he was indeed waterboarded, and Vice President Dick Cheney will admit it in 2008. (Ward 12/18/2008)
bullet The report claims that Hambali was one of the three detainees who was waterboarded. (Windrem 9/13/2007) However, this claim will later fade, with al-Nashiri replacing Hambali as the third detainee subjected to waterboarding. (Ward 12/18/2008) The article also falsely claims that Hambali was subjected to waterbaording because he was “resistant to other interrogation methods.” It adds that he “cried like a baby,” a claim repeated in a prominent subheadline, and “quickly told all he knew.” (Windrem 9/13/2007)
bullet One former senior intelligence official is quoted as saying that “KSM required, shall we say, re-dipping,” although it will later emerge that KSM was waterboarded 183 times on five separate days (see After March 7, 2003 and April 18, 2009).
In addition, the article says, “a total of 13 high value detainees—all of them ranking al-Qaeda operatives—were subjected to ‘enhanced interrogation techniques’ in 2002 through 2004.” (Windrem 9/13/2007) However, according to a 2008 interview with Cheney, the US applied enhanced interrogation techniques to 33 detainees. This number appears to relate to a longer period, from 9/11 until late 2008, although cases where enhanced techniques were used after 2004 are not well known. (Ward 12/18/2008)

In testimony before the House Judiciary Committee, Director of National Intelligence Mike McConnell admits, “9/11 should have and could have been prevented; it was an issue of connecting information that was available.” (Ryan and Cook 9/18/2007) The reason he gives for this is: “There was a terrorist. He was a foreigner. He was in the United States [note: presumably he is referring to Khalid Almihdhar]. He was planning to carry out the 9/11 attacks. What the 9/11 Commission and the Joint Inquiry found is that person communicated back to al-Qaeda overseas and we failed to detect it.” (US Congress 9/18/2007) However, it is unclear which portions of the 9/11 Commission and Congressional Inquiry reports he thinks he is referring to. The 9/11 Commission report contains two brief mentions of these calls to and from the US, but does not say whether they were detected or not, although it does say that other calls made outside the US by the 9/11 hijackers were detected. (9/11 Commission 7/24/2004, pp. 87-8, 181, 222) The Congressional Inquiry report says that the calls between Almihdhar in the US and the al-Qaeda communications hub in Yemen were intercepted and analyzed by the NSA, which distributed reports to other intelligence agencies about some of them. (US Congress 7/24/2003, pp. 157 pdf file) The FBI had requested the NSA inform it of calls between the number Almihdhar talked to, an al-Qaeda communications hub in Yemen, and the US (see Late 1998), but the NSA did not do so (see (Spring 2000)). A variety of explanations are offered for this after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

A man thought to be Osama bin Laden releases a new audio tape calling on the people of Pakistan to overthrow President Pervez Musharraf. The immediate reason is a Pakistani government attack on a mosque, which is compared to the destruction of a mosque in India by Hindu nationalists, “Pervez’s invasion of Lal Masjid [the Red Mosque] in the City of Islam, Islamabad (see July 3-11, 2007), is a sad event, like the crime of the Hindus in their invasion and destruction of the Babari Masjid.” The voice on the tape accuses Musharraf of providing “loyalty, submissiveness and aid to America,” and says, “armed rebellion against him and removing him [are] obligatory.” Musharraf is also criticized for showing images of a cleric attempting to escape the mosque in women’s clothing, for Pakistani military intelligence allegedly pressurizing clerics to issue fatwas favorable to the government, for his inaction over Kashmir, and for using the Pakistani army in tribal areas. (Laden 9/2007; BBC 9/20/2007) Al-Qaeda second-in-command Ayman al-Zawahiri also apparently released an audio tape condemning the Red Mosque raid, but his tape took only days to appear (see July 11, 2007).

Laurie Mylroie, a neoconservative author whose theories that Saddam Hussein was responsible for the 1993 World Trade Center bombing (see October 2000) and the 9/11 attacks (see September 12, 2001 and July 2003) have been repeatedly discredited (see February 2003, July 9, 2003, and December 2003), produces a report on Iraq for the Pentagon. Reporter Justin Elliott, learning about Mylroie’s position with the Defense Department in 2009, cites Mylroie as an example of “neoconservatives… falling upward,” or “repeatedly getting important things wrong and… being handed new opportunities to pursue their work.” Mylroie’s report, “Saddam’s Foreign Intelligence Service,” follows her February 2007 study entitled “Saddam’s Strategic Concepts: Dealing With UNSCOM.” Both were produced for the Pentagon’s Office of Net Assessment [ONA], which the Washington Post has described as an “obscure but highly influential” bureau within the department. In 2009, Jacob Heilbrunn, who has written a book about neoconservatives, will say: “It’s kind of astonishing that the ONA would come even within a mile of her. I think she is completely discredited.” The New America Foundation’s Steve Clemons will add: “I’m shocked. If this came out in 2007, she was presumably working on it in 2006, and, by that time, the fate and fortunes of a lot of these people was already switching.” Heilbrunn will explain why Mylroie’s opinions are so sought after within the Pentagon, even though she has been roundly discredited: “She was one of the original fermenters of the idea that Saddam Hussein had these intimate ties with al-Qaeda.” A Defense Department spokesperson will explain Mylroie’s selection as an ONA researcher by saying, “All aspects of researchers and research institutions are considered, with an emphasis on obtaining the widest range of possible intellectual approaches in order to provide a fully balanced approach to the analysis of future developments.” As for her work with ONA, the Defense Department says, “These reports were part of a multi-scope research effort to identify the widest possible range of analysts whose expertise was likely to generate insights and concepts which would contribute to Net Assessments’ ongoing work to develop and refine trends, risks, and opportunities which will shape future (2020) national security environments.” (Elliott 1/29/2009)

The Justice Department’s Brian Benczkowski answers Senator Ron Wyden (D-OR)‘s request for clarification of the terms “humane treatment” and “cruel, inhuman, and degrading treatment” as it applies to suspected terrorists in US custody. Benczkowski writes that the government uses the Military Commissions Act (MCA) (see October 17, 2006) and a recent executive order, Order #13440 (authorizing the continued use of harsh interrogation methods—see July 20, 2007) to determine how the US will comply with the Geneva Conventions. Benczkowski writes that Order 13440 and the Army Field Manual, among other guidelines, ensure that any interrogations carried out by US personnel comply with Geneva.
Geneva Does Not Clearly Define 'Humane Treatment' - He goes on to note that the term “humane treatment” is not directly defined by Geneva, but “rather provides content by enumerating the specific prohibitions that would contravene that standard.” Common Article 3, the statute in the Conventions that specifically addresses the treatment of prisoners, expressly prohibits “violence” including “murder of all kinds, mutilation, cruel treatment and torture.” It also prohibits “outrages upon personal dignity,” including “humiliating and degrading treatment.” Benczkowski writes that there is no accepted international standard as to what is defined as “humane treatment” and what is not, outside of the basic provisions of food, water, clothing, shelter, and protection from extremes of temperature. Given this standard, he writes, the Bush administration does ensure that “all detainees within the CIA program shall be treated humanely.”
Defined by Circumstances - He goes on to note that Geneva seems to grant some leeway for interpretation as to what complies with its standards, particularly in the area of “outrages upon personal dignity.” Citing a previous international tribunal, he writes, “To rise to the level of an outrage, the conduct must be ‘animated by contempt for the human dignity of another person’ and it must be so deplorable that the reasonable observer would recognize it as something that must be universally condemned.” None of the methods used by US interrogators contravenes any of these standards as the Justice Department interprets them, Benczkowski concludes. As for the question of “cruel, inhuman and degrading treatment,” or as he abbreviates it, “CIDT,” Benczkowski writes that such treatment is prohibited by the Fifth, Eighth, and Fourteenth Amendments to the US Constitution. However, circumstances determine what is and is not CIDT, he writes; even “in evaluating whether a homicide violates Common Article 3, it would be necessary to consider the circumstances surrounding the act.” The CIA interrogation program fully complies with Common Article 3, various statutes and Supreme Court decisions, and the Bill of Rights, Benczkowski asserts. (US Department of Justice 9/27/2007 pdf file)

For about a year until his death in July 2008 (see July 29, 2008), anthrax attacks suspect Bruce Ivins is openly followed by FBI agents in surveillance vehicles. When this begins exactly is not known, but his house is searched by the FBI on November 1, 2007 (see November 1, 2007), so presumably he is followed at least after that date. (Shane 8/4/2008) This tactic used on Ivins had already been controversially used on the previous primary anthrax attacks suspect, Steven Hatfill, in 2002 and 2003. One of the heads of the FBI’s anthrax investigation, Robert Roth, later admitted in court that this tactic of openly following Hatfill was against FBI guidelines. “Generally, it’s supposed to be covert,” Roth said. (Yost 8/5/2008)

According to Time magazine, the CIA produces a report saying that Osama bin Laden has long-term kidney disease and may only have months to live. Time cites as its source “two US officials familiar with the report.” Allegedly, the CIA managed to get the names of some of the medications bin Laden is taking. How this was done is unclear. One of the sources says the report concluded, “Based on his current pharmaceutical intake, [we] would expect that he has no more than six to 18 months to live and impending kidney failure.” However, some observers will dispute the alleged report’s apparent claims. Paul Pillar, a former deputy director of the CIA’s Counterterrorist Center, will say, “It’s trying to make a diagnosis from thousands of miles away with only fragments of the medical chart.” Former Bush administration official Frances Fragos Townsend will add: “I’ve read all the same conflicting reports [on bin Laden’s health] that people have talked to you about. I never found one set of reporting more persuasive than another.” When Time breaks the story the next year, the CIA will even disavow the claims attributed to the report. “I have found no one here familiar with this alleged report or the analytic line it supposedly conveys,” says CIA spokesman Paul Gimigliano. “The fact that anonymous sources attribute views to the CIA is not, by itself, reason to believe the agency actually holds those views.” (Calabresi 6/30/2009)

Air Force Colonel Morris Davis resigns his position as the lead counsel for the military commissions trials at Guantanamo after complaining that his authority in prosecutions is being usurped for political purposes (see October 19, 2007). In particular, Davis complains about interference by Air Force Brigadier General Thomas Hartmann, a legal adviser at Guantanamo (see July 2007), and Defense Department General Counsel William J. Haynes (see October 4, 2007). (White 10/20/2007) Davis planned on prosecuting as many as 80 of the Guantanamo detainees. There have been no trials so far, because the Supreme Court ruled the trials unconstitutional until they were reauthorized by the Military Commissions Act (see October 17, 2006). Davis has made headlines with outspoken support of the trials and his colorful characterizations of Guantanamo detainees. In March 2006, he compared detainees who challenged the trial system to vampires afraid of the harsh sunlight of US justice: “Remember if you dragged Dracula out into the sunlight, he melted? Well, that’s kind of the way it is trying to drag a detainee into the courtroom,” he told reporters. “But their day is coming.” (Rosenberg 10/6/2007)

The Robert A. Taft Club, a “nativist” organization whose leader has numerous ties to racist groups, hosts Representative Ron Paul (R-TX) as its keynote speaker during an event at an Arlington, Virginia, restaurant, the Boulevard Woodgrill. According to a report by TransWorld News, Paul, a Republican presidential candidate, addresses the US’s “nation building” policies. Paul, TransWorld reports, “has been adamant about the United States dropping its interventionist approach to nation building and returning to an America First policy.” The Taft Club is led by Marcus Epstein, who is also the executive director of The American Cause, a white nationalist group headed by MSNBC commentator Pat Buchanan. He also serves as executive director of Team America PAC, a political action committee run by Buchanan’s sister Bay Buchanan and founded by former Representative Tom Tancredo (R-CO), an outspoken opponent of immigration. Epstein writes for the openly racist, white supremacist Web site VDare.com, and is an outspoken advocate for white supremacist organizations. He is closely connected to the American Renaissance group, which the Southern Poverty Law Center (SPLC) labels an “academic racist” organization and whose journal has claimed that blacks are genetically predisposed to be psychopaths. Epstein has invited racists to speak to his group, including American Renaissance leader Jared Taylor (see January 23, 2005), Taylor’s colleague Paul Gottfried, and Robert Stacy McCain, an opponent of interracial marriage who is an editor for the Washington Times. Epstein has also invited members of a Belgian anti-immigrant group called Vlaams Belang to address the Taft Club. The SPLC writes, “It is unclear if Paul, who will be speaking about American foreign policy, is aware of Epstein’s racist ties.” Paul himself has denied ever espousing racism of any stripe (see 1978-1996). (Southern Poverty Law Center 10/8/2007; TransWorld News 10/11/2007; The Daily Paul 10/13/2007; Holthouse 6/3/2009) Epstein will later be convicted of assaulting an African-American woman (see May 2009).

CIA Director Michael Hayden orders an unusual internal investigation of the agency’s Office of the Inspector General (OIG), the press will later learn. The OIG, led by Inspector General John Helgerson, has conducted aggressive investigations of the CIA’s detention and interrogation programs (see May 7, 2004). Current and former government officials say that Hayden’s probe has created anxiety and anger in the OIG, and has sparked questions in Congress of possible conflicts of interest. The review is focusing on complaints that the OIG has not been, as the New York Times reports, a “fair and impartial judge of agency operations,” but instead has “begun a crusade against those who have participated in controversial detention programs.” Some current and former officials say that such a probe threatens to undermine the independence of the office. Former CIA Inspector General Frederick Hitz, who served from 1990 through 1998, says any move by Hayden to conduct a probe into the OIG would “not be proper.” Hitz calls it “a terrible idea,” and adds: “Under the statute, the inspector general has the right to investigate the director. How can you do that and have the director turn around and investigate the IG?” A CIA spokesman says Hayden’s only motive is “to help this office, like any office at the agency, do its vital work even better.” The investigation is being overseen by Robert Deitz, a trusted aide to Hayden who served with him when he ran the National Security Agency. Another member of the investigating group is Associate Deputy Director Michael Morrell. Under the law, the proper procedure for Hayden would be to file complaints with the Integrity Committee of the President’s Council on Integrity and Efficiency, which oversees all the inspectors general, or to go directly to the White House. For an internal inquiry to be launched against an agency’s OIG by the agency head violates the independence and the position of the OIG. Critics say that the timing of Hayden’s investigation is more than coincidental, as Helgerson’s office is readying a number of reports on CIA detention, interrogation, and rendition practices. (Mazzetti and Shane 10/11/2007)

Dissent among CIA personnel, brewing for well over a year (see April 19, 2006), has become even more intense in recent months, according to reporter Ken Silverstein. Some CIA employees, increasingly disgusted with the Bush administration’s torture and rendition policies, have taken their complaints directly to Inspector General (IG) John Helgerson. In response, CIA Director Michael Hayden has launched an internal inquiry into Helgerson’s office (see Before October 11, 2007). Silverstein reports that on top of internal dissent and complaints to Helgerson’s office, a former senior legal official quit in protest over the administration’s torture policies. Silverstein is not at liberty to reveal the name of the official, but says he worked as a deputy inspector general under former IG Frederick Hitz, who left the position in 1998, and after that worked in the CIA’s office of general counsel. Silverstein says the official had the reputation of being a “hardliner” on terrorism and prisoner interrogations. According to Silverstein, “sources tell me he couldn’t stomach what he deemed to be abuses by the Bush administration and stepped down from his post.” (Silverstein 10/12/2007)

Part of the White House’s $196 billion emergency funding request for the wars in Iraq and Afghanistan is $88 million for modifying B-2 stealth bombers to carry “Massive Ordnance Penetrator,” or bunker-busting, bombs. Many both in and out of government believe that the order has nothing to do with Iraq or Afghanistan, but is part of the Bush administration’s plans for attacking Iran. The 30,000-pound bombs, called MOPs, are the largest conventional bombs in the military’s arsenal, designed to penetrate up to 200 feet underground before exploding. The only explanation given in the White House’s budget request is that it comes in response to “an urgent operational need from theater commanders.” But no one at the Pentagon or the US Central Command has, so far, been able or willing to identify that need. Military experts say that there is no need for MOPs in Iraq. They could potentially be useful in Afghanistan to destroy Taliban or al-Qaeda hideouts in the mountainous, cave-riddled border area of Afghanistan and Pakistan, but there is no need to use stealth bombers to deploy such weapons. But MOPs are ideal for a strike at Iraq’s heavily fortified, deeply buried nuclear facility in Natanz. John Pike of Globalsecurity.org says, “You’d use it on Natanz. And you’d use it on a stealth bomber because you want it to be a surprise. And you put in an emergency funding request because you want to bomb quickly.” Pike says he does not fully understand the rationale behind the public funding request. “It’s kind of strange,” he says. “It sends a signal that you are preparing to bomb Iran, and if you were actually going to bomb Iran I wouldn’t think you would want to announce it like that.” (Karl 10/24/2007) The request for the bomber modifications comes simultaneously with one of Vice President Dick Cheney’s most belligerent challenges towards Iran (see October 21, 2007).

Jamal al-Badawi in a Yemeni prison in 2005.Jamal al-Badawi in a Yemeni prison in 2005. [Source: Associated Press / Muhammed Al Qadhi]Al-Qaeda operative Jamal al-Badawi, considered one of the main planners of the USS Cole bombing (see October 12, 2000), turns himself in to Yemeni authorities on October 17, 2007. He had escaped a Yemeni prison the year before and had been sentenced to death in Yemen for his role in the bombing (see February 3, 2006). But on October 26, Yemeni authorities release him again in return for a pledge not to engage in any violent or al-Qaeda-related activity. Yemen often lets militants go free if they pledge not to attack within Yemen (see 2002 and After). The US has issued a $5 million reward for al-Badawi’s capture, but the Yemeni government refuses to extradite him. US officials are furious about the release, which is particularly galling because it comes just two days after President Bush’s top counterterrorism adviser Frances Townsend visits Yemen and praises the Yemeni government for their cooperation in fighting terrorism. The US had also just announced $20 million in new aid for Yemen, but threatens to cancel the aid due to al-Badawi’s release. Al-Badawi is put back in prison on October 29 and the aid program goes forward. However, US officials are dubious about al-Badawis’ real status. One official who visits him in prison gets the impression he was put in a prison cell just in time for the visit. (Isikoff 10/27/2007; Isikoff and Hosenball 10/31/2007; Worth 1/28/2008) In December 2007, a Yemeni newspaper reports that al-Badawi has again been seen roaming free in public. One source close to the Cole investigation will tell the Washington Post in 2008 that there is evidence that al-Badawi is still allowed to come and go from his prison cell. US officials have demanded to be able to conduct random inspections to make sure he stays in his cell, but apparently the Yemeni government has refused the demand. (Whitlock 5/4/2008)

Attorney general nominee Michael Mukasey uses an anecdote about a cell phone battery to argue that the current legal system is poorly equipped to fight Islamic terrorism. The anecdote is told during his confirmation hearings, but he previously used it in an op-ed for the Wall Street Journal in August. Mukasey says that during Ramzi Yousef’s trial for the 1993 World Trade Center bombing: “[S]omebody testified to somebody having delivered a cell phone battery to someone else. That piece of testimony disclosed to al-Qaeda that a line of communication of theirs had been compromised and, in fact, was one of communication that our government was monitoring and from which it had gotten enormously valuable intelligence. That line of communication shut down within days of that testimony and I don’t know what we lost. Nobody knows what we lost. But we probably lost something enormously valuable.” Mukasey does not say which of Yousef’s two trials the testimony was at. (Mukasey 8/22/2007; CQ Transcripts Wire 10/18/2007) This incident is not known and is not confirmed by other sources. It is unclear who the two militants were, and why the militant who received the cell phone battery would be unable to purchase it himself. Osama bin Laden is said to have received a doctored battery for his satellite (not cell) phone in Afghanistan, and this is said to have helped the US track him (see May 28, 1998). However, this apparently happened after Yousef was sentenced in the last of the two cases to come to trial, so it is unclear how this could have been mentioned at the trial (see January 8, 1998). A rumor later circulated that bin Laden had stopped using the satellite phone with the allegedly doctored battery based on a leak of intelligence to the press, but that appears to be an urban myth (see Late August 1998).

In a setback for the Justice Department, a mistrial is declared in the government’s attempted prosecution of the Holy Land Foundation for Relief and Development (see 1989), a now-defunct Muslim charity that the government accused of sponsoring terrorism back in 2001. The mistrial was not the first verdict sent down; the judge originally announced a near-complete acquittal of Holy Land’s top officials on terrorist financing charges. However, three jurors stated in court that the verdict was incorrect, the judge sent the jury back into chambers for further deliberations. A mistrial of four Holy Land officials is declared after the jury declares itself locked, and a fifth official is declared innocent of all but one charge, where the jury again finds itself unable to render a verdict. The mistrials and acquittals are a blow to the Justice Department and the White House, both of which have billed the prosecution of Holy Land as the best efforts in years to secure a clear victory against terrorism. “It’s a major loss for the government,” says law professor Jonathan Turley, who has himself represented alleged terrorist financiers against the Justice Department. The case was never as solid as it was presented by government officials. In 2001, after Holy Land was declared a terrorist sponsor by the Bush administration and its funds were frozen (see February 19, 2000 and December 4, 2001), civil libertarians called the government’s definition of sponsorship of terrorism overly broad, and Holy Land fought back in court. In 2004, the government indicted Holy Land and its top leaders, leveling accusations that the charity and its officials had funnelled $12 million to the terrorist group Hamas through secondary charities (see October 1994-2001, May 12, 2000-December 9, 2004 and December 18, 2002-April 2005). A summary of wiretapped conversations between charity officials contained inflammatory anti-Semitic statements, which bolstered the government’s case in the public eye, but when the actual transcripts were examined, no such anti-Semitic statements could be found. And the government’s strategy of adding a long list of “unindicted co-conspirators” to its allegations against Holy Land, a list which includes many prominent Muslim organizations still legally operating inside the US, has caused many to accuse the government of conducting a smear campaign (see December 3-14, 2001 and August 21, 2004). While the Justice Department may well retry the case, the verdict, which seems to favor the defendants, “doesn’t bode well for the government’s prosecution” of this and other similar cases, says export controls lawyer Judith Lee. (Schwartz 10/22/2007)

George W. Bush warns that world leaders are risking World War III unless they work to stop Iran from developing nuclear weapons. Bush makes his remarks at the White House, remarks timed to coincide with Russian president Vladimir Putin’s visit to Tehran. Russia has in recent weeks warned the US about moving too quickly towards a violent confrontation with Iran over its nuclear program; Bush, Vice President Dick Cheney, and other Bush officials have responded by escalating their rhetoric towards Iran (see October 21, 2007) and requesting funding for weapons that could be used against Iran’s nuclear facilities (see Mid-October, 2007). “We’ve got a leader in Iran who has announced that he wants to destroy Israel,” Bush says. “So I’ve told people that, if you’re interested in avoiding World War III, it seems like you ought to be interested in preventing them from having the knowledge necessary to make a nuclear weapon.” In fact, Putin and Russian officials have repeatedly said that Iran is not building nuclear weapons, Russia has pledged to continue helping Iran develop its nuclear power technology, and Russia has led a coalition of Caspian nations who vow to prevent the US from using that region to launch any attacks against Iran. (Moore and Blomfield 10/20/2007)

In some of his most challenging and belligerent statements yet on Iran, Vice President Dick Cheney says flatly that Iran will not be allowed to pursue its nuclear program. He dismisses Iran’s claims that its nuclear program is intended for peaceful use only, and accuses Iranian leaders of pursuing a practice of “delay and deception in an obvious effort to buy time.… Our country, and the entire international community, cannot stand by as a terror-supporting state fulfills its grandest ambitions. The Iranian regime needs to know that if it stays on its present course the international community is prepared to impose serious consequences.” Cheney does not specify what those “serious consequences” are, but many inside and outside the government believe that Cheney is signaling the administration’s intent to use military force against Iran before Cheney and President Bush leave office in January 2009. Michael O’Hanlon of the centrist Brookings Institution says, “That’s pretty firm, clear language. And it raises more clearly the specter of military action. That is much more than saying this isn’t just an option that we’ve taken off the table.” Cheney’s office says that his statements are in line with earlier statements that warn of possible military confrontations with Iran. In March 2006, he said, “We will not allow Iran to have a nuclear weapon.” In May 2007, he said, “We’ll stand with others to prevent Iran from gaining nuclear weapons and dominating this region.” However, analysts say that the rhetoric from Cheney and Bush has recently escalated to a point where military action seems more likely than ever before. (Herndon 10/21/2007)

A new audio tape is released by a man thought to be Osama bin Laden. The voice on the tape tells the various groups in Iraq fighting the US to unify, but contains no dated references, so it is unclear when it was made. The voice says, “Beware of your enemies, especially those who infiltrate your ranks,” and, “You have done well to perform your duty, but some of you have been late to another duty, which is to unify your ranks and make them into one line.” (CNN 10/22/2007)

Neoconservative founder Norman Podhoretz, a senior foreign adviser to Republican presidential frontrunner Rudolph Giuliani, says the US has no other choice than to bomb Iran. Podhoretz says heavy and immediate strikes against Iran are necessary to prevent that country from developing nuclear weapons. “None of the alternatives to military action—negotiations, sanctions, provoking an internal insurrection—can possibly work,” Podhoretz says. “They’re all ways of evading the terrible choice we have to make which is to either let them get the bomb or to bomb them.” Podhoretz says that such strikes would be effective: “People I’ve talked to have no doubt we could set [Iran’s nuclear program] five or 10 years. There are those who believe we can get the underground facilities as well with these highly sophisticated bunker-busting munitions.” (Podhoretz does not identify the people he has “talked to.”) “I would say it would take five minutes. You’d wake up one morning and the strikes would have been ordered and carried out during the night. All the president has to do is say go.” Giuliani has echoed Podhoretz’s belligerence towards Iran; last month, Giuliani told a London audience that Iran should be given “an absolute assurance that, if they get to the point that they are going to become a nuclear power, we will prevent them or we will set them back five or 10 years.” Podhoretz says he was pleasantly surprised to hear Giuliani make such assertions: “I was even surprised he went that far. I’m sure some of his political people were telling him to go slow…. I wouldn’t advise any candidate to come out and say we have to bomb—it’s not a prudent thing to say at this stage of the campaign.” Podhoretz has given President Bush much the same advice (see Spring 2007).
'Irrational' 'Insanity' - Nation editor Katrina vanden Heuvel blasts the “immorality and illegality” of Podhoretz’s “death wish,” and notes that such “military action would be irrational for both sides. The US military is already stretched to the breaking point. We’d witness unprecedented pandemonium in oil markets. Our troops in Iraq would be endangered.” Vanden Heuvel cites the failure to destroy Saddam Hussein’s Scud missiles during six weeks of bombings in 1991 (see January 16, 1991 and After), and the failure of the Israeli bombing of Iraq’s Osirak reactor (see June 7, 1981) to curb “regional [nuclear] proliferation.” She concludes, “Podhoretz and his insanity will embolden Iranian hardliners, plunge the region into even greater and darker instability and undermine our security.” (Heuvel 10/28/2007)
Giuliani's Stable of Neocons - Since July 2007, Giuliani has surrounded himself with a group of outspoken hardline and neoconservative foreign policy advisers (see Mid-July 2007).

On the eve of a visit to London, King Abdullah of Saudi Arabia says that his intelligence service warned Britain of an impending plot before the 7/7 London bombings (see July 7, 2005), but that British authorities failed to act on the warning. King Abdullah says, “We sent information to [Britain] before the terrorist attacks in Britain but unfortunately no action was taken. And it may have been able to maybe avert the tragedy.” He also says that Britain did not take terrorism seriously for a while. However, British authorities deny all this. (BBC 10/29/2007) Details of the warning are not specified. However, this may be a reference to one or two discussions between Saudi Arabia and Britain in early 2005 about information indicating there was to be an attack in London (see December 14, 2004-February 2005 and April 2005 or Shortly Before).

A federal appeals court hears the case of alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri, who was the victor in a recent court decision that ruled he could no longer be held in military detention with no access to the US court system (see June 11, 2007). Al-Marri’s lawyer, Jonathan Hafetz, asks the Fourth US Court of Appeals to uphold the recent verdict, which was rendered by a three-judge panel from the same court. Now the entire court is reconsidering the case at the government’s request. Hafetz says the court must uphold the decision. “To rule otherwise is to sanction a power the president has never had and was never meant to have.”
Authorization for the Use of Military Force - Judge Paul Neimeyer, a George H. W. Bush appointee, challenges Hafetz’s assertion that al-Marri cannot be held in military custody because he was not captured on a battlefield; to make such a claim would mean “25 or 30 terrorists could sneak into the US” and the military could not stop them. Justice Department lawyer Gregory Garre makes the same argument that the appeals court panel rejected—that Congress gave the president the authority to seize and detain anyone affiliated with al-Qaeda, regardless of where they were captured, when it passed its Authorization for the Use of Military Force (AUMF) after the 9/11 attacks (see September 14-18, 2001). Judge J. Harvie Wilkinson, appointed to the bench by former president Ronald Reagan, says that Congress could appeal or revise the AUMF whenever it likes. (O'Dell 10/31/2007) Wilkinson acknowledges that many have concerns that the AUMF “may have authorized some sweeping detention problem… [, b]ut people are not being swept off the streets of Omaha.” Judge Diana Gribbon Motz interjects, “No, it was Peoria.”
Question of Constitutionality - Wilkinson wonders why the “carefully targeted response by the government” has created “all this hoopla?” Comparing the detention of al-Marri and another enemy combatants, Jose Padilla, to the round-ups of German-Americans during World War I and of Japanese-Americans during World War II, Wilkinson asks if “we’ve lost our sense of perspective.” Judge Roger Gregory says: “The calculus for determining constitutionality is not whether we have a good king or a bad king. It’s not whether he stays his hand in generosity.” Motz and Gregory were the majority judges in the June decision. When Garre argues that al-Marri had ample opportunity to challenge his detention, and “squandered” those opportunities, Judge William Traxler asks, “How does a person who’s held incommunicado challenge” his detention? (Elkins 11/1/2007)

The house of Bruce Ivins.The house of Bruce Ivins. [Source: Rob Carr / Associated Press]The FBI suspects that Bruce Ivins, a scientist working at USAMRIID, the US Army’s top biological laboratory, was behind the 2001 anthrax attacks (see October 5-November 21, 2001). His home is searched by the FBI, but no report of this makes the newspapers. On the same day, USAMRIID cuts off his access to the laboratories where biological agents and toxins are used and stored. However, he continues to work at USAMRIID without such access until July 2008, when he will be completely banned from the lab (see July 10, 2008). (Schotz 8/8/2008) According to McClatchy Newspapers, his lab access is apparently reinstated some time after this date. (Gordon 8/7/2008)

Saudi Arabia’s national security adviser Prince Bandar bin Sultan says that before 9/11 the Saudi government was “actively following” most of the 19 hijackers “with precision.” Prince Bandar, formerly Saudi ambassador to the US, also says that the information Saudi Arabia had may have been sufficient to prevent 9/11: “If US security authorities had engaged their Saudi counterparts in a serious and credible manner, in my opinion, we would have avoided what happened.” A US official says that the statement made by Prince Bandar should be taken with a grain of salt. (CNN 11/2/2007) Saudi officials had previously said that they watchlisted two of the Saudi hijackers, Nawaf Alhazmi and Khalid Almihdhar, in the late 1990s (see 1997 and Late 1999) and their interest in Nawaf Alhazmi may have led them to his brother, Salem. All three of these hijackers were also tracked by the US before 9/11 (see Early 1999, January 5-8, 2000, Early 2000-Summer 2001 and 9:53 p.m. September 11, 2001).
Saudi Tracking - Almost a year after Prince Bandar makes this claim, author James Bamford will offer information corroborating it. Bamford will write that Saudi officials placed an indicator in some of the hijackers’ passports and then used the indicator to track them. The Saudis did this because they thought the hijackers were Islamist radicals and wanted to keep an eye on their movements. (Bamford 2008, pp. 58-59) Details of the tracking by the Saudis are sketchy and there is no full list of the hijackers tracked in this manner. According to the 9/11 Commission, Almihdhar and the Alhazmi brothers had indicators of Islamist extremism in their passports. (9/11 Commission 8/21/2004, pp. 33 pdf file) Two other hijackers may also have had the same indicator. (9/11 Commission 7/24/2004, pp. 564)
The three who had the indicator are: -
bullet Nawaf Alhazmi, who obtained a passport containing an indicator in the spring of 1999 (see March 21, 1999), and then left Saudi Arabia (see After Early April 1999).
bullet Khalid Almihdhar, who obtained passports containing an indicator in the spring of 1999 and June 2001 (see April 6, 1999 and June 1, 2001), and then repeatedly entered and left Saudi Arabia (see After Early April 1999, Late 2000-February 2001, May 26, 2001, and July 4, 2001).
bullet Salem Alhazmi, who obtained passports containing an indicator in the spring of 1999 and June 2001 (see April 4, 1999 and June 16, 2001), and then repeatedly entered and left Saudi Arabia (see After Early April 1999, November 2000, June 13, 2001, and (Between June 20 and June 29, 2001)).
The two who may also have had the indicator are: -
bullet Ahmed Alhaznawi, who obtained a passport possibly containing an indicator before mid-November 2000 (see Before November 12, 2000) and then repeatedly entered and left Saudi Arabia (see After November 12, 2000, (Between May 7 and June 1, 2001), and June 1, 2001).
bullet Ahmed Alnami, who obtained passports possibly containing an indicator in late 2000 and spring 2001 (see November 6, 1999 and April 21, 2001) and then repeatedly entered and left Saudi Arabia (see Mid-November, 2000 and May 13, 2001).
What the indicator actually looks like in the passports is not known.

Rafid Ahmed Alwan.Rafid Ahmed Alwan. [Source: CBS News]CBS News reveals the identity of the infamous Iraqi defector, “Curveball,” whose information was used by the Bush administration to build its case for Iraqi biological weapons. Curveball’s real identity is Rafid Ahmed Alwan, an Iraqi who defected to Germany in November 1999, where he requested asylum at a refugee center near Nuremberg (see November 1999). The evidence Curveball provided was detailed, compelling, and completely false, but instrumental in driving the US towards invading Iraq. Former senior CIA official Tyler Drumheller, who was unable to convince either his superiors in the agency or senior officials in the White House that Curveball was untrustworthy (see September 2002), says of Curveball’s contribution to the rhetoric of war, “If they [the Bush administration] had not had Curveball they would have probably found something else. ‘Cause there was a great determination to do it. But going to war in Iraq, under the circumstances we did, Curveball was the absolutely essential case.” CBS reporter Bob Simon says Curveball is “not only a liar, but also a thief and a poor student instead of the chemical engineering whiz he claimed to be.” The CIA eventually acknowledged Alwan as a fraud. The question remains, why did he spin such an elaborate tale? Drumheller thinks it was for the most prosaic of reasons. “It was a guy trying to get his Green Card, essentially, in Germany, playing the system for what it was worth. It just shows sort of the law of unintended consequences.” Alwan is believed to be still living in Germany, most likely under an assumed name. (CBS News 11/4/2007)

Room 641A, the NSA’s secret room at AT&T’s Folsom Street facility.Room 641A, the NSA’s secret room at AT&T’s Folsom Street facility. [Source: Wired]Former AT&T network technician Mark Klein (see December 15-31, 2005 and July 7, 2009) gives a press conference with the Electronic Frontier Foundation (EFF) in Washington, DC, in an effort to lobby Congress and prevent an immunity bill for the telecoms from passing. The next day, Klein appears in the audience during a Senate Judiciary Committee meeting as part of his lobbying effort in Washington to reveal his knowledge of a secret NSA electronic surveillance operation at AT&T’s San Francisco operations center (see January 2003). The NSA has monitored an enormous volume of telephone and Internet traffic through this secret operation. “I have first-hand knowledge of the clandestine collaboration between one giant telecommunications company, AT&T, and the National Security Agency to facilitate the most comprehensive illegal domestic spying program in history,” Klein tells reporters. “I think they committed a massive violation not only of the law but of the Constitution. That’s not the way the Fourth Amendment is supposed to work.” (Risen and Lichtblau 11/6/2007; Fulton 11/8/2007; Democracy Now! 7/7/2008) Klein states his four main points of information: that AT&T provided the NSA with all varieties of electronic communications, from telephone conversations to emails, text messages, Web browsing activities, and more; AT&T provided the NSA with billions of purely domestic communications; the program involved everyone using the Internet and not just AT&T customers, because of the interconnected nature of the Internet; and AT&T had 15 to 20 NSA “spy rooms” in facilities across the nation. Brian Reid, a telecommunications and data networking expert who served as one of the New York Times’s experts on the NSA allegations (see April 12, 2006), appears with Klein at the press conference. Reid told Klein in the days before the conference, “My job is to make people believe you.” Reid tells reporters, “The most likely use of this [AT&T/NSA] infrastructure is wholesale, untargeted surveillance of ordinary Americans at the behest of the NSA.” Hours after the press conference, Klein appears as a guest on MSNBC’s political talk show Countdown, where host Keith Olbermann asks him if his experience “felt like finding yourself in a scene from the sci-fi flick Invasion of the Body Snatchers—did it have that sort of horror quality to it?” Klein replies, “My thought was George Orwell’s 1984 and here I am being forced to connect the Big Brother machine.” (Klein 2009, pp. 93-100)
Key Witness - Klein is a key witness in the lawsuit against AT&T by the EFF (see January 31, 2006 and Early January 2006). He is offering to testify against efforts by the Bush administration and its Congressional Republican allies to amend the Foreign Intelligence Surveillance Act to grant immunity to telecom companies like AT&T from prosecution for surveillance acts. Such an immunity grant would likely result in the dismissal of such lawsuits. But no committee of Congress invites him to testify. (Risen and Lichtblau 11/6/2007; Fulton 11/8/2007; Democracy Now! 7/7/2008)
NSA Secure Room - Part of Klein’s information is from a deposition that was entered into evidence in the lawsuit, and is now made available to individual members of Congress (see February 23-28, 2006, June 26, 2006, and June 13, 2007). Klein relates that during a tour of the AT&T-controlled floors of the Folsom Street facility of what was then SBC Communications, he saw Room 641A, categorized as the “SG3Secure Room” (see October 2003 and Late 2003). That fall, when he was hired to work at the facility, he saw an NSA agent who came to interview a field support specialist for clearance to be able to work in the Secure Room. “To my knowledge, only employees cleared by the NSA were permitted to enter the SG3 Secure Room,” Klein says. “To gain entry to the SG3 Secure Room required both a physical key for the cylinder lock and a combination code number to be entered into an electronic keypad on the door. To my knowledge, only [two field support specialists] had both the key and the combination code.” Klein installed new circuits to a fiber-optic “splitter cabinet” that had only one purpose: to duplicate Internet traffic from WorldNet’s service into SG3, thereby allowing the NSA access to all traffic on that circuit. “What I saw is that everything’s flowing across the Internet to this government-controlled room,” he now says. (Risen and Lichtblau 11/6/2007; Fulton 11/8/2007)
EFF Lobbyists - The EFF secures the services of two professional lobbyists, Adam Eisgrau and former Congressman Thomas Downey (D-NY), who escort Klein and EFF officials Cindy Cohn and Kevin Bankston around Capitol Hill during the two-day period. EFF also works with a professional media company to prepare the media for the November 7 press conference. After the conference, Klein is introduced to a number of Democratic lawmakers, though he says only a few are truly interested in his evidence; he names Senator Barbara Boxer (D-CA) and Representative Rush Holt (D-NJ), a former physicist who had actually worked with some of the technology Klein cites in his statements, as two of those willing to give him more than a handshake and a quick photo opportunity. Klein later regrets being unable to meet with Senator Christopher Dodd (D-CT), whom he considers to be one of the few real champions of civil liberties in Congress. Dodd cited Klein’s evidence, and Klein by name, in his unsuccessful filibuster of the FISA amendment bill (see July 10, 2008). (Klein 2009, pp. 91-95) The lobbyists are able to gain access for Klein to the Congressional hearings. Some media outlets later report, mistakenly, that Klein actually testifies before the panel. (Klein 2009, pp. 100-101)

Presidential candidates Barack Obama (left), Tom Harkin, and Hillary Clinton stand for the singing of the National Anthem.Presidential candidates Barack Obama (left), Tom Harkin, and Hillary Clinton stand for the singing of the National Anthem. [Source: Time]A chain email circulating around the Internet falsely claims Senator Barack Obama (D-IL), campaigning for president, “refused” to say the Pledge of Allegiance during an event and failed to put his hand over his heart. A photograph with the email shows Obama standing in front of an American flag with his hands clasped just below his waist. Fellow presidential contenders Hillary Clinton (D-NY) and Bill Richardson (D-NM) stand beside him with their hands over their hearts. The email, noting Obama’s middle name is Hussein, claims Obama “REFUSED TO NOT ONLY PUT HIS HAND ON HIS HEART DURING THE PLEDGE OF ALLEGIANCE, BUT REFUSED TO SAY THE PLEDGE… how in the hell can a man like this expect to be our next Commander-in-Chief????” The photograph was not taken during the saying of the pledge, but during the singing of the “Star-Spangled Banner.” It was taken on September 16, 2007 in Indianola, Iowa, at the Harkin Steak Fry, an annual political event hosted by Senator Tom Harkin (D-IA). The photo was printed in Time magazine; the caption said Obama and the others “stand during the national anthem.” Matt Paul, who helped organize the event, confirms that the photo was taken as someone sang the national anthem. Additionally, an ABC News video of the event confirms the photo was taken during the anthem. The email claims that “the article said” Obama refused to say the pledge and would not put his hand on his heart, but the article said nothing of the sort. PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, attempts to find another article making the same claim, but only finds blog postings repeating the email’s original assertion. Obama has said the email is false, and that he was singing during the anthem, a claim verified by the ABC video. “My grandfather taught me how to say the Pledge of Allegiance when I was two,” Obama recently said on another campaign stop in Iowa. “During the Pledge of Allegiance you put your hand over your heart. During the national anthem you sing.” He called the email “irritating” and likened it to others that have falsely said he is a Muslim (see October 1, 2007, December 19, 2007, and January 11, 2008). The Obama campaign has received strong support from a number of retired military leaders. “Senator Obama’s attackers are peddling lies and smears because they disagree with his strong opposition to the war in Iraq and the rush to war in Iran,” writes former Secretary of the Navy Richard Danzig, in a letter cosigned by retired General Merrill “Tony” McPeak and General J. Scott Gration. “We have served this nation for decades and we know a true patriot when we see one. Barack Obama is a patriot.” Some conservative bloggers have noted their belief that federal law for “patriotic and national observances” says that during the Star-Spangled Banner, “all present except those in uniform should stand at attention facing the flag with the right hand over the heart; men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart.” The citation is not a formal law, and experts say it is somewhat obsolete, though it is still cited in some military manuals. Modern custom does not require a hand over the heart, says Anne Garside, director of communication for the Maryland Historical Society, home of the original manuscript of the Star-Spangled Banner. “I think the bottom line is that you show respect with your demeanor,” she says. “Whether you put your hand over your heart, hold your hat at shoulder level or waist level, is really in this day and age irrelevant.” (Time 9/16/2007; ABC News 11/7/2007; St. Petersburg Times 11/8/2007)

Vice President Cheney’s office has been holding up the latest National Intelligence Estimate (NIE) on Iran for over a year, while pressuring the intelligence community to remove dissenting judgments on Iran’s nuclear program, two former CIA officers now reveal. So far the intelligence community has not bowed to Cheney’s pressure, and the White House has apparently decided to release the “unsatisfactory” draft NIE—but not make its key findings public. NIEs are the product of the 16 US intelligence agencies, and usually focus on a single nation or issue. According to one former CIA officer, the Iran NIE was ready to be published a year ago, but was delayed then because the Director of National Intelligence, Mike McConnell, wanted the NIE to reflect a consensus on key conclusions, especially on Iran’s nuclear program (see February 20, 2007). The US intelligence community is split on its view of Iran’s nuclear program, with less independent-minded analysts willing to embrace Cheney’s alarmist positions, and others rejecting that view. The first draft was unacceptable to the White House; according to the former CIA officer, “They refused to come out with a version that had dissenting views in it.” Former CIA officer Philip Giraldi agrees with the unnamed officer’s assessment. “The White House wants a document that it can use as evidence for its Iran policy,” Giraldi says. Giraldi wrote in October 2006 that the Iran NIE was being held up by Cheney’s office, which objected to its findings on both Iran’s nuclear program and Iran’s putative role in arming Iraq. The White House then chose to delay any decision on the internal release of the NIE until after the November 2006 Congressional elections (see October 2006). In April 2007, Thomas Fingar, the chairman of the National Intelligence Council, said that the report would be delayed while the intelligence community evaluated “new reporting” from the International Atomic Energy Agency and other sources, as well as “reexamining old evidence.” According to the two former CIA officers, Fingar’s statement sent a powerful signal to the intelligence community that the White House wanted the NIE to be specific, focused, and alarming in its conclusions. In past weeks, officials involved in producing the NIE have been “throwing their hands up in frustration” over the refusal of the administration to allow the estimate to be released, according to the former intelligence officer. (Porter 11/10/2007)

The CIA “erroneously” misled the court and the lawyers involved in the ongoing prosecution of 9/11 suspect Zacarias Moussaoui (see April 22, 2005), it admits in a letter released today. In court declarations on May 9, 2003 and on November 14, 2005, the CIA stated it had no recordings of interrogations of “enemy combatants.” Now it admits it had two video tapes and one audio tape. Moussaoui’s lawyers want the tapes as part of his defense. The federal prosecutors say they just recently learned of the tapes, but they have been assured by the CIA that the tapes have no bearing on Moussaoui’s case, and no one on the tapes mentions either Moussaoui or the 9/11 plot. The prosecutors assert that, while the CIA errors are “unfortunate,” no harm was done to Moussaoui, who pled guilty and is serving a life sentence for his complicity in the attacks (see May 3, 2006). The letter, which has been heavily censored for public consumption, reads in part, “We bring the errors to the court’s attention… as part of our obligation of candor to the court.… The government will promptly apprise the court of any further developments.” (Vicini 11/13/2007)

On Fox News’s O’Reilly Factor, Christian activist and Republican strategist Christine O’Donnell says that scientists have succeeded in grafting functioning human brains onto mice. O’Donnell and medical researcher Dr. William Morrone are guests of host Bill O’Reilly, who discusses conservatives’ opposition to stem cell research. O’Reilly begins by noting that researchers in Oregon have succeeded in cloning monkey embryos, which he describes as the first step towards cloning human embryos for the harvesting of stem cells. Morrone favors cloning research because of “the pathology and… the pain” that people suffering from multiple sclerosis, Parkinson’s disease, Alzheimer’s disease, and other ailments are forced to endure. Morrone is not in favor of cloning human embryos, but he is optimistic that cloning research might lead to new ways to harvest stem cells without destroying existing embryos. O’Donnell has a different view: she says that the Oregon researchers “proudly stated” their intention to clone human beings, and says that human cloning is the real, secretive goal of all such research. O’Reilly then states that human cloning is possible now: “They can clone humans now if they wanted to.… Everybody knows that scientists have enough knowledge to clone a human being if they wanted to,” a statement to which O’Donnell agrees. She then adds: “They are—they are doing that here in the United States. American scientific companies are cross-breeding humans and animals and coming up with mice with fully functioning human brains. So they’re already into this experiment.” Morrone interjects, “That’s an exaggeration,” but his objections are overridden by O’Reilly asking him: “[D]o you understand her concern that there are people who are unethical who will do this kind of stuff for whatever reason? Do you understand her concern?” He gives O’Donnell the last word in his segment, and she concludes: “[I]t is inevitable. This really is about human cloning, about dignity versus commodity. And we already answered that question.” (Fox News 11/15/2007) O’Donnell’s assertions will receive little attention until almost three years later, when she wins the Republican primary for the US Senate in Delaware (see September 13, 2010) and the media begins recounting some of her less mainstream political and scientific views. That recounting will speculate that O’Donnell may be misremembering a 2005 report of scientists successfully growing human brain cells within mice; reporter Eric Kleefeld will write that it “is not the same as an actual functioning human brain, but a demonstration that human brain cells can be made from stem cells.” (Kleefeld 9/16/2007)

A federal appellate court bars an Islamic charity accused of assisting terrorists from using a US government document to prove that it had been illegally spied upon (see February 28, 2006). The charity, the now-defunct Al Haramain Islamic Foundation (see Late May, 2004), has been accused by the government and the UN Security Council of being affiliated with al-Qaeda; the charity’s officials deny the charges. In its finding, the three-judge panel rules in favor of the government’s argument that protecting “state secrets” (see March 9, 1953) is of overriding importance in the case. Other courts have ruled that the Bush administration can refuse to disclose information if “there is a reasonable danger” it would affect national security. Al Haramain’s lawyers argued that the document is necessary to prove that it was illegally monitored. According to the ruling, the judges accept “the need to defer to the executive on matters of foreign and national security and surely cannot legitimately find ourselves second-guessing the executive in this arena.”
Reaction Divided - Opinion is divided on the ruling. Constitutional law professor Erwin Chemerinsky of Duke University says the court’s deference to the “executive branch in situations like this [is] very troubling.” Another constitutional law professor, Douglas Kmiec of Pepperdine, says “the opinion is consistent with” an earlier ruling that struck down a challenge to the government’s surveillance program filed by the American Civil Liberties Union; Kmiec says the rulings indicate that “federal courts recognize that the essential aspects of the Terrorist Surveillance Program both remain secret and are important to preserve as such.”
Mixed Results - The appellate court does not give the government everything it asked for. It rejects the Justice Department’s argument that “the very subject matter of the litigation is a state secret.” That finding may prove important in the other surveillance cases where the government is arguing that even to consider legal challenges to warrantless wiretapping endangers national security. The appeals court sends the case back to a lower court to consider whether or not the Foreign Intelligence Surveillance Act, which requires approval by a special court for domestic surveillance, preempts the state secrets privilege. The court also severs the Al Haramain case from other, similar lawsuits challenging the government’s secret surveillance program. (Weinstein 11/17/2007)

Former British prime minister Tony Blair admits that he brushed off pleas from his ministers and advisers to try to prevent President Bush from going to war with Iraq, and that he turned down an eleventh-hour offer from Bush to pull Britain out of the conflict. Blair says he was convinced that Bush was doing the right thing in invading Iraq. He also says he wished he had published the full reports from the Joint Intelligence Committee instead of the cherry-picked “September dossier” that made false accusations about Iraq’s weapons of mass destruction—a dossier that Blair says was one of the main factors in his losing the leadership of his country (see September 24, 2002). Blair, speaking as part of a BBC documentary, confirms what many people already believe: that he never used his influence as the leader of America’s strongest ally to try to force Bush away from military confrontation with Iraq. Instead, the invasion “was what I believed in, and I still do believe it.” The documentary shows that many of Blair’s closest advisers in and out of government, including foreign policy adviser David Manning, UN ambassador Jeremy Greenstock, foreign secretary Jack Straw, and even the US’s Secretary of State, Colin Powell, all had serious doubts about the rush to war. But Blair says of his position, “In my view, if it wasn’t clear that the whole nature of the way Saddam was dealing with this issue had changed, I was in favor of military action.” Blair says he and Bush affirmed their intentions to invade Iraq in September 2002, during meetings at Camp David (see September 7, 2002). Bush promised to try to get a second resolution against Iraq in the UN; in return, Blair promised to support Bush in his planned invasion should the UN resolution not pass. Blair also says that, just before the House of Commons voted to authorize Britain to use military force against Iraq (see March 18, 2003), Bush called Blair to offer him the opportunity to withdraw. Blair declined. “He was always very cognizant of the difficulty I had,” Blair recalls. “He was determined we should not end up with the regime change being in Britain and he was saying to me, ‘Look I understand this is very difficult and America can do this militarily on its own and if you want to stick out of it, stick out of it,’ and I was equally emphatic we should not do that.” (Webster 11/17/2007)

According to national security director Stephen Hadley (see December 3, 2007) and President Bush himself (see December 3-4, 2007), Bush will not be informed about the findings of a National Intelligence Estimate (NIE) showing that Iran stopped work on its nuclear program until November 28. But that may be false. On December 4, journalist Seymour Hersh will tell a CNN reporter, “Israel objects to this report. I’m told that [Prime Minister Ehud] Olmert had a private discussion with Bush about it during Annapolis—before Annapolis [where Israel and the US engaged in preliminary peace talks over the Israeli-Palestinian conflict]. Bush briefed him about it. The Israelis were very upset about the report. They think we’re naive, they don’t think we get it right. And so they have a different point of view.” If Hersh is correct, then Bush discussed the NIE’s findings with Israel’s Olmert on November 26, two days before he supposedly learns of them. (CNN 12/4/2007) According to the Israeli news outlet Ha’aretz, “Israel has known about the report for more than a month. The first information on it was passed on to Defense Minister Ehud Barak, and to Shaul Mofaz, who is the minister responsible for the strategic dialog with the Americans. The issue was also discussed at the Annapolis summit by Barak and US Secretary of Defense Robert Gates, and it seems also between Bush and Prime Minister Ehud Olmert.” (Harel 12/5/2007)

A man thought to be Osama bin Laden releases a new audio message aimed at European listeners. (Sedarat 11/29/2007) As-Sahab, al-Qaeda’s media arm, gave advance notice of the tape’s release on the Internet. (Associated Press 11/26/2007) The voice on the tape urges Europeans to end troop commitments to Afghanistan, as American power is on the wane, “With the grace of God… the American tide is receding and they would eventually return to their home across the Atlantic… It is in your interest to force the hand of your politicians [away from] the White House.” The man also says that the Taliban had no knowledge of 9/11: “I am the one responsible… The Afghan people and government knew nothing whatsoever about these events.” In saying this, he claims that the US-led invasion of Afghanistan was wrong. Bin Laden names Nicolas Sazkozy and Gordon Brown as leaders of France and Britain, indicating that the tape was made at some time after June 2007. (Sedarat 11/29/2007)

In December 2007, scientist Bruce Ivins is privately told by the FBI that he could be a suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). This is according to Ivins’s attorney Paul Kemp, who also says that he and Ivins have a meeting with the FBI that same month in response. Ivins’s house had been searched by the FBI the month before, which presumably made the FBI’s interest in Ivins obvious (see November 1, 2007). Kemp will later claim that he and Ivins will meet with the FBI about four or five times between this time and Ivins’s death in July 2008 (see July 29, 2008). Additionally, Kemp will claim that Ivins had been interviewed by the FBI about 20 to 25 times before he was told he could be a suspect, yet Ivins regularly had his security clearances renewed. (Ripley and Calabresi 8/5/2008)

George W. Bush, apparently taken somewhat aback by the US intelligence community’s findings released on December 3, 2007, that Iran halted its work on a nuclear bomb four years ago (see December 3, 2007), claims that he only learned about the findings on November 28. The intelligence community’s National Intelligence Estimate (NIE) has been in production for some 18 months. According to National Security Adviser Stephen Hadley, both Bush and Vice President Dick Cheney were first given initial briefings in either August or September. (White House 11/28/2007; Linzer and Warrick 12/4/2007) Bush tells reporters he wasn’t even aware of the evidence showing Iran had halted its nuclear program, “I was made aware of the NIE last week. In August, I think it was [Director of National Intelligence] Mike McConnell [who] came in and said, ‘We have some new information.’ He didn’t tell me what the information was. He did tell me it was going to take a while to analyze.… And it wasn’t until last week that I was briefed on the NIE that is now public.” A clearly incredulous reporter follows up by asking, “I understand what you’re saying about when you were informed about the NIE. Are you saying at no point while the rhetoric was escalating, as World War III was making it into conversation—at no point, nobody from your intelligence team or your administration was saying, ‘Maybe you want to back it down a little bit?’” Bush answers, “No—I’ve never—nobody ever told me that.” (CNN 12/4/2007) From Hadley’s words, the date that Bush knew of the NIE findings may be much earlier. Hadley tells reporters attempting to pin him down on the exact date when Bush was told of the findings, “[W]hen was the president notified that there was new information available? We’ll try and get you a precise answer. As I say, it was, in my recollection, is in the last few months. Whether that’s October—August-September, we’ll try and get you an answer for that.” All told, Hadley says that Bush was told of the findings within “the last few months” five different times during the press conference. (Think Progress 12/3/2007) By December 5, the White House will begin refusing to answer the question at all. White House spokesman Tony Fratto will tell reporters, “I don’t have anything on that.… I can’t give you more detail on what Director McConnell said to the President.” (White House 12/5/2007)
Bush Either 'Lying' or 'Stupid' - Many find Bush’s claim hard to accept. Senate Intelligence Committee chairman Jay Rockefeller (D-WV) notes that he and ranking committee member Kit Bond (R-MO) received a briefing on the NIE’s intelligence “several months ago,” and says, “I was really struck when the president said that he only got the final judgments on Tuesday.” He cannot imagine that he and Bond received information months in advance of Bush. Rockefeller says he “can’t believe” that McConnell’s indication of new information didn’t prevent Bush from “talking about a nuclear holocaust.” (Lehrer 12/4/2007) Former National Security Council official Flynt Leverett says the White House is probably being dishonest about what Bush knew and when he knew it. “I can’t imagine that McConnell… would tell the president about this and not tell him what the information actually said,” Leverett observes. (CNN 12/5/2007) Senator Jack Reed (D-RI) says, “What’s shocking today is that apparently he knew about this estimate a month or more before he made those statements. I don’t think that shows a responsible use of intelligence.” (Morgan 12/5/2007) And MSNBC talk show host Joe Scarborough, a former Republican Congressman, says flatly, “We are left with only two options here. Either the President of the United States is lying to the American people about what happened during that meeting, or the President of the United States is stupid.” (MSNBC 12/5/2007)
Cheney Not Hampered by Lack of Intelligence - If Bush was indeed ignorant of the intelligence findings, as he asserts, it is not likely that his vice president labored under the same lack of information, judging from the fact that Cheney’s office has been involved in trying to suppress the NIE for over a year (see October 2006).

Senator Joseph Biden (D-DE), a presidential candidate and chairman of the Senate Foreign Relations Committee, says that President Bush deliberately misled the American people over the danger posed by Iran’s nuclear ambitions, and that if Bush initiates an attack on Iran without the approval of Congress, he will call for Bush’s impeachment. Biden tells reporters, “After all we’ve been through, for this president to knowingly disregard or once again misrepresent intelligence about an issue of war and peace, I find outrageous.” Biden is referring to the faulty and deceptive intelligence presented by the Bush administration to justify invading Iraq. The US intelligence community recently released a National Intelligence Estimate (see December 3, 2007) that concluded Iran shut down its nuclear program in 2003, and Bush has asserted that he himself only learned about the shutdown in late November (see December 3-4, 2007). Biden doesn’t believe Bush’s tale of ignorance: “Are you telling me a president who’s briefed every single morning, who’s fixated on Iran, is not told back in August that the tentative conclusion of 16 intelligence agencies of the United States government said [Iran] had abandoned their effort for nuclear weapons in 2003?” Biden says if Bush’s assertion of ignorance is true, then he and his staff are thoroughly incompetent. “You cannot trust this president,” Biden states. (Wheeler 12/4/2007) Biden is joined by other Democratic presidential candidates, although they use less “heated rhetoric” than Biden. Senator Hillary Clinton (D-NY) says, “I think we do know that pressure on Iran does have an effect. I think that is an important lesson. But we’re not going to reach the kind of resolution that we should seek unless we put that into the context of a diplomatic process.” And Senator Barack Obama (D-IL) notes that Bush “continues to not let facts get in the way of his ideology.… They should have stopped the saber rattling; should have never started it. And they need, now, to aggressively move on the diplomatic front.” (CNN 12/5/2007)

The White House confirms that President Bush was told in August 2007 that Iran’s nuclear weapons program “may be suspended,” the conclusion of the recently released National Intelligence Estimate (NIE) (see December 3, 2007). The White House’s admission is a direct contradiction of Bush’s assertion that he only learned of the NIE in late November (see December 3-4, 2007 and November 26-28, 2007). Press secretary Dana Perino says Bush was not told in August of the specifics behind the information about Iran’s nuclear program. Perino says that Director of National Intelligence (DNI) Mike McConnell told Bush in August that the new information might cause the intelligence community to revise its assessment of the Iranian program, but analysts still needed to complete their review before making a final judgment. However, Perino says there is no conflict between her statement and Bush’s insistence that he knew nothing about the substance of the intelligence assessment until late November, because Bush “wasn’t given the specific details” of the revised estimate. Perino’s account raises questions about why, if Bush knew the intelligence community believed Iran’s nuclear weapons program was in abeyance, two months later, he was still giving dire warnings about Iran being a threat to cause “World War III” if not halted (see October 20, 2007). Perino offers an explanation of those warnings, saying, “The president didn’t say we’re going to cause World War III. He was saying he wanted to avoid World War III.” Perino says it is unfair to question Bush’s veracity: “If anyone wants to call the president a liar, they are misreading the situation for their own political purposes. The liar is [Mahmoud] Ahmadinejad [the president of Iran], and he has a lot of explaining to do.”
Reaction - Joseph Biden, a Democratic presidential candidate and the chairman of the Senate Foreign Relations Committee, calls Bush’s explanation unbelievable. “I refuse to believe that,” Biden says. “If that’s true, he has the most incompetent staff in modern American history, and he’s one of the most incompetent presidents in modern American history.” (CNN 12/5/2007) Four former CIA officials call Bush’s claim of ignorance about the Iran intelligence “preposterous.” Melvin Goodman, a 24-year CIA veteran, calls Bush’s claim “unbelievable.” He is joined by Ray McGovern, another CIA veteran who routinely briefed George H. W. Bush during his two terms as vice president; Larry Johnson, the former deputy of the State Department’s Office of Counter Terrorism; and Bruce Riedel, a former National Intelligence Officer for the Near East and South Asian offices. McGovern is almost contemptuous of Bush’s claim: “The notion that the head of National Intelligence whispered in Bush’s ear, ‘I’ve got a surprise for you and it’s really important, but I’m not going to tell you about it until we check it out’—the whole thing is preposterous.” Riedel says that Bush “either chose to ignore what he heard or his director of national intelligence is not doing his job.” He doubts McConnell failed to do his part. “To me it is almost mind boggling that the president is told by the DNI that we have new important information on Iran and he doesn’t ask ‘what is that information?’” Riedel adds. It is not McConnell’s responsibility to tell Bush to “stop hyperventilating about the Iranian threat,” he says, but instead the job of National Security Adviser Stephen Hadley and Bush’s other policy advisers to keep “their eye on the intelligence and to take into account new information as it comes along.” Johnson says that the information used in the NIE would have been available months before it was released to the public, and would have automatically been included in the Presidential Daily Briefing (PDB). Bush would have been told of the intelligence findings, as would Vice President Cheney, Defense Secretary Robert Gates, and Secretary of State Condoleezza Rice. Goodman and McGovern agree with Johnson’s statement. (Edsall and Follmer 12/5/2007) A deconstruction of Bush’s own statements over the last several months indicates that Bush changed his wording in early August, most likely because he was informed about the intelligence findings over Iran (see December 5, 2007).

In a statement released by CIA Director Michael Hayden, the CIA admits that it has destroyed videotapes of interrogations of two detainees, Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002 and November 2005). (Central Intelligence Agency 12/6/2007) The statement is apparently released to preempt a New York Times article on the verge of publication that would have revealed the destruction. (Eggen and Warrick 12/7/2007) The fact that the CIA had videoed detainee interrogations was made public a few weeks previously (see November 13, 2007). (US District Court for the Eastern District of Virginia, Alexandria Division 10/25/2007 pdf file) According to several former intelligence officials, there is concern that the tapes could have set off controversies about the legality of the interrogations and generated a backlash in the Middle East. (Mazzetti 12/8/2007) Numerous political figures condemn the destruction in strong terms. For example, Senator Edward Kennedy (D-MA) says, “We haven’t seen anything like this since the 18½-minute gap in the tapes of President Richard Nixon,” and, “What would cause the CIA to take this action? The answer is obvious—coverup.” Senator Richard Durbin (D-IL) says, “What is at stake here goes to the heart of the rule of law and justice in America.” Human rights activists are also angry, and an Amnesty International spokesman says, “It falls into a pattern of measures that have been taken that obstruct accountability for human rights violations.” (CBS News 12/7/2007; Karl 12/7/2007) Both the Justice Department and the CIA’s Inspector General initiate preliminary inquiries. The House and Senate intelligence committees also start investigations. (Meyer 12/9/2007)

As part of the conservative backlash against the recently released National Intelligence Estimate on Iran that concluded Iran had halted work on its nuclear weapons program in 2003 (see December 3, 2007 and December 3-6, 2007), some Senate Republicans intend to call for a Congressional commission to investigate the conclusions and the intelligence that went into it, with an eye to discrediting the NIE and its producers. John Ensign (R-NV) says he will propose a “bipartisan” commission to review the NIE, saying, “Iran is one of the greatest threats in the world today. Getting the intelligence right is absolutely critical, not only on Iran’s capability but its intent. So now there is a huge question raised, and instead of politicizing that report, let’s have a fresh set of eyes—objective, yes—look at it.… There are a lot of people out there who do question [the NIE]. There is a huge difference between the 2005 and 2007 estimates.” The 2005 NIE concluded, apparently erroneously, that Iran was an imminent threat for developing a nuclear weapon (see August 2, 2005). Senator Jeff Sessions (R-AL) adds, “If [the NIE is] inaccurate, it could result in very serious damage to legitimate American policy.” As late as July 2007, Sessions notes, intelligence officials testified before Congress that they believed Iran was hard at work developing a nuclear weapon. “We need to update our conclusions,” Sessions says, “but this is a substantial change.” The proposed commission would take its cue from a commission that examined a 1995 NIE on the ballistic missile threat faced by the US. (Wright and Kessler 12/7/2007)

John Kiriakou.John Kiriakou. [Source: ABC News]Former CIA officer John Kiriakou gives the first of several media interviews around this time about the agency’s use of waterboarding and torture, to ABC. In this interview and others Kiriakou, who led the team that captured militant training camp facilitator Abu Zubaida (see March 28, 2002), makes several points:
bullet Zubaida was waterboarded. This is the first official on-the-record acknowledgment by any CIA official that the controversial technique that simulates drowning was used.
bullet Zubaida was only waterboarded once, for about 30 to 35 seconds. (This is untrue. Zubaida was actually waterboarded at least 83 times—see April 18, 2009.)
bullet After the waterboarding, Zubaida became co-operative; he had previously been uncooperative. (This is also allegedly untrue—see June 2002.) Kiriakou says, “The threat information that he provided disrupted a number of attacks, maybe dozens of attacks.” Kiriakou thinks the attacks were not to be on US soil, but overseas, although he is not sure. Waterboarding and the other techniques were used because of a sense of urgency. “Those tricks of the trade require a great deal of time—much of the time—and we didn’t have that luxury. We were afraid that there was another major attack coming.”
bullet Use of the CIA’s enhanced interrogation techniques is tightly controlled in the agency. Each application of a technique had to be specifically approved by the deputy director for operations.
bullet Kiriakou implies that waterboarding is torture and should remain banned now, but the circumstances of the time warranted its use. He believes that waterboarding both compromised American principles and saved lives. “Like a lot of Americans, I’m involved in this internal, intellectual battle with myself weighing the idea that waterboarding may be torture versus the quality of information that we often get after using the waterboarding technique,” he says. “And I struggle with it.”
Although he was personally involved in Zubaida’s capture, Kiriakou was not present at the interrogations and only learned about them at CIA headquarters. (Esposito and Ross 12/10/2007; Kiriakou 12/10/2007 pdf file; Kiriakou 12/10/2009 pdf file) Over the next few days, Kiriakou gives a number interviews to other media outlets with basically the same information. The New York Times will call the series of interviews a “media blitz.” (Nizza 12/11/2007; Stelter 4/28/2009) The media he speaks to include the Washington Post, the New York Times, National Public Radio, CBS, CNN, and MSNBC (see December 11, 2007). A CNN anchor even calls him “the man of the hour.” (Stelter 4/28/2009) Kiriakou garners praise for his poise in front of the camera. For example, Harper’s journalist Scott Horton will call him “telegenic,” whereas Foreign Policy magazine commentator Annie Lowery will opt for “telegenic and well spoken.” (Horton 12/21/2007; Lowery 4/28/2009)

Former CIA officer John Kiriakou, who has recently admitted that the agency waterboarded militant training camp facilitator Abu Zubaida (see December 10, 2007), gives another interview about the issue, this time to MSNBC “Today Show” host Matt Lauer. Kiriakou again repeats his talking points: the CIA waterboarded Abu Zubaida, the use of this and other enhanced techniques was controlled by bureaucratic procedure, it led to intelligence, but it is torture. However, when Lauer asks whether the White House was involved in the decision, Kiriakou answers: “Absolutely.… This was a policy decision that was made at the White House with concurrence from the National Security Council and Justice Department.” Lauer plays a clip of an interview he did with President Bush over a year ago in which Bush said, “I told our people get information without torture and was assured by our Justice Department that we were not torturing.” Kiriakou responds to it, saying: “I disagree. I know that there was a high level policy debate on whether or not this was torture and that the Department of Justice and the White House counsel and the National Security Council decided that it was not, at the time.” (Kiriakou 12/11/2007) The CIA decides not to refer Kiriakou to the Justice Department for a leak investigation over his original interview at this time (see December 11, 2007). However, according to Harper’s magazine columnist Scott Horton, officials at the Justice Department and the National Security Council are “furious” that Kiriakou has mentioned their role in the waterboarding, and insist that he be investigated (see December 20, 2007). (Horton 12/21/2007)

Rashid Rauf.Rashid Rauf. [Source: Associated Press]Al-Qaeda operative Rashid Rauf mysteriously escapes from a prison in Pakistan. Authorities will say he escapes after freeing himself from handcuffs while being transported from one prison to another. The two policemen escorting him allowed him to stop and pray at a mosque. According to The Guardian, “The officers claimed that when Rauf walked into the mosque they waited outside in their car, never considering for a moment that he could simply walk out of the back door.” Furthermore, they do not report the escape for several hours. The two policemen on the duty are arrested, but it is unclear what happens to them. The Pakistani government will say they must have been bribed to allow Rauf to escape.
Linked to Pakistani Militant Group - Rauf, a dual Pakistani and British citizen, was implicated as a leader of a 2006 plot to blow up airplanes in Britain using liquid explosives (see August 10, 2006). He was arrested in Pakistan. His wife is closely related to Maulana Masood Azhar, the founder of Jaish-e-Mohammed, a Pakistani militant group that has a history of links to the ISI, Pakistan’s intelligence agency.
Was He Allowed to Escape to Avoid Extradition? - Rauf’s lawyer will claim that it is not a case of simple bribery. “You could call it a ‘mysterious disappearance’ if you like, but not an escape,” he will say. “The Pakistanis are simply not interested in handing him over to the British. They never have been, although it is not clear why not.” In December 2006, terrorism charges against Rauf were dropped, but he remained in Pakistani custody on charges of carrying explosives and forged identity papers (see December 13, 2006). In November 2007, those charges were dropped and a judge ordered his immediate release. But less than an hour later, the Pakistani government announced that he would be extradited to Britain to be charged in the airplane plot, and he would remain in custody until that happened. His escape took place as he was getting close to being extradited. People at the mosque where he is supposed to have escaped will say that they never saw him or any policemen on this day, and the police never came looking for him later. (Cobain 1/28/2008) In November 2008, it will be reported that Rauf was killed in a US drone strike, but his family will insist he remains alive (see November 22, 2008).

A group of supporters of Representative Ron Paul (R-TX) and his nascent presidential campaign hold what they call a “tea party moneybomb” on the 234th anniversary of the Boston Tea Party, in an event dubbed “Boston TeaParty07.” Paul is a libertarian Republican with extensive ties to far-right organizations (see July 22, 2007 and August 4, 2008). According to the group Campaign for Liberty, the event raises $4.3 million, the most money ever raised by a Republican presidential candidate in a single day. (The previous record was also held by Paul, who raised $4.2 million on November 5, 2007, Guy Fawkes Day.) The donations come mostly over the Internet. Event spokesperson Rachael McIntosh says: “This basically shows that Ron Paul is a viable candidate. People are so engaged in this campaign because it’s coming from the grass-roots.” Supporters call themselves members of the “Ron Paul Revolution.” One supporter waves a “Don’t Tread on Me” flag while marching down Beacon Street. One participant, Linda Poole, came from her home in Macon, Georgia, to attend the rally. “I’ve been supporting Ron Paul since May and following him since 2005,” she says. If the “founding fathers” were alive today, she adds, “Ron Paul is the only person they would vote for.” The ralliers listen to speeches by Paul’s son Rand Paul, libertarian gubernatorial candidate Carla Howell, and others. At the end of the rally, participants re-enact the dumping of tea into Boston Harbor by throwing banners reading “tyranny” and “no taxation without representation” into boxes that were placed in front of an image of the harbor. “They’re trying to get the attention of the mainstream media, almost like a child that is acting up, trying go get the attention of their parent,” McIntosh says. His Campaign for Liberty will become one of the primary groups associated with the burgeoning “tea party” movement (see August 24, 2010), and this “tea party moneybomb” is later considered one of the earliest moments leading up to the foundation of the movement. (Smith 12/16/2007; Burghart and Zeskind 8/24/2010)

The CIA videotapes destruction scandal reopens a debate about the usefulness of torturing al-Qaeda leader Abu Zubaida. The FBI briefly used rapport-building techniques on Zubaida before the CIA took over and tortured him. On December 10, 2007, several days after the public disclosure that the videotapes of the CIA’s interrogation of Zubaida were destroyed, former CIA officer John Kiriakou admitted that Zubaida was tortured by the use of waterboarding (see December 10, 2007). Kiriakou claimed that waterboarding was so effective that Zubaida completely broke after just one session of waterboarding lasting 35 seconds. (Esposito and Ross 12/10/2007) This claim became a frequently used media talking point. However, on December 18, the Washington Post presents a contrary account, stating, “There is little dispute, according to officials from both agencies, that Abu Zubaida provided some valuable intelligence before CIA interrogators began to rough him up, including information that helped identify Khalid Shaikh Mohammed, the alleged mastermind of the Sept. 11 attacks, and al-Qaeda operative Jose Padilla” (see Late March through Early June, 2002). The Post notes that Kiriakou helped capture Zubaida but was not present at any of his interrogations. Furthermore, “other former and current officials” disagree with Kiriakou’s claim “that Abu Zubaida’s cooperation came quickly under harsh interrogation or that it was the result of a single waterboarding session. Instead, these officials said, harsh tactics used on him at a secret detention facility in Thailand went on for weeks or, depending on the account, even months.” (Eggen and Pincus 12/18/2007) The most in-depth previous media accounts suggesed that the FBI interrogation of Zubaida was getting good intelligence while the CIA torture of him resulted in very dubious intelligence (see Mid-April-May 2002 and June 2002).

An anonymous chain email circulates throughout the Internet claiming that newly elected President Barack Obama took the oath of office for his former position as a US senator on a Koran, the holy book of Islam, and not a Christian Bible. Obama is a Christian (see January 6-11, 2008), though many of his opponents have insisted that he is a “covert Muslim” or Islamist radical (see April 18, 2008). The email misspells the name as “Kuran,” though it is either spelled Koran or Qu’ran. Two press reports from January 2005 confirm that when Obama was sworn into office as the junior senator from Illinois, he took the oath on his family Bible. The Obama presidential campaign has confirmed that Obama used his family Bible. Vice President Dick Cheney, in his role as president of the Senate, administered the oath. PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, concludes: “We suspect this false claim was inspired by the 2007 swearing-in of Representative Keith Ellison (D-MN), an American convert to Islam and the first Muslim elected to Congress. Ellison used a Koran that once belonged to Thomas Jefferson, borrowing the rare book from the Library of Congress. It goes without saying that Ellison is not Obama. And with its intent to inflame, we find the email’s allegation not only false, but pants-on-fire wrong.” (St. Petersburg Times 12/19/2007)

IntelCenter, a US-based organization that conducts research into terrorism, finds that al-Qaeda has released more than 90 videos in 2007. This is more than al-Qaeda released in the previous three years put together. The videos were released through the organization’s media arm, As-Sahab. Al-Qaeda’s most prominent spokesman is its second in command, Ayman al-Zawahiri, who has issued at least 16 messages this year (see January 5, 2007, January 23, 2007, and July 11, 2007), whereas al-Qaeda leader Osama bin Laden is only credited with issuing five (see September 7, 2007, September 11, 2007, September 20, 2007, October 22, 2007, and November 29, 2007). The Associated Press will comment: “The videos have grown more sophisticated in targeting their international audience. Videos are always subtitled in English, and messages this year from bin Laden and al-Zawahiri focusing on Pakistan and Afghanistan have been dubbed in the local languages, Urdu and Pashtu. Videos and audiotapes have also had a faster turnaround, referring sometimes to events that occurred only days earlier. The al-Qaeda leaders’ messages are often interwoven with footage of past attacks, militants training, and TV news clips of world events and leaders including President Bush—evidence that their producers have easy access to media.” (Associated Press 12/20/2007)

Daniel Pipes, the director of the Middle East Forum and a fellow of the conservative Hoover Institution, writes that presidential candidate Barack Obama (D-IL) is a “lapsed Muslim.” Pipes bases his argument largely on a Los Angeles Times article that was debunked by the Chicago Tribune. Pipes admits that Obama “is a practicing Christian” and “is not now a Muslim.” But, he continues, Obama was a Muslim in his childhood, and may well be considered a murtadd, or apostate, who converted to another religion from Islam and is now a target of retribution. Pipes notes Obama’s repeated denials that he ever practiced Islam, even as a child, and then asks: “What is Obama’s true connection to Islam and what implications might this have for an Obama presidency? Was Obama ever a Muslim?” Pipes writes that even someone who does not practice Islam is still considered a Muslim by many in the faith, and goes on to say that because Obama uses his middle name of “Hussein,” he is sending coded signals to Muslims that he is, indeed, one of them. He concludes by asking: “[H]ow would more mainstream Muslims respond to him, would they be angry at what they would consider his apostasy? That reaction is a real possibility, one that could undermine his initiatives toward the Muslim world.” (Pipes 12/26/2007; Media Matters 1/16/2008) Pipes’s assertions that Obama is a “lapsed Muslim” will be thoroughly debunked (see January 22-24, 2008), as have his assertions that Obama’s church advocates any form of “black nationalism” or “separatism.” (Media Matters 11/29/2007)

Indian intelligence allegedly warns US intelligence that Osama bin Laden is likely living in one of Pakistan’s military garrison areas, probably in northwest Pakistan. This is according to an article published in the Times of India shortly after bin Laden’s death in May 2011 (see May 2, 2011). Reportedly, Indian intelligence warned the US in mid-2007 that bin Laden could be living in northwest Pakistan, after getting some information about the movements of al-Qaeda number two leader Ayman al-Zawahiri (see Mid-2007). Over the next six months or so, Indian intelligence learned more about the movement of al-Qaeda leaders in northwest Pakistan. Then, in early 2008, India sends the US more intelligence. An unnamed top Indian official will later say: “This time, we specifically mentioned about his presence in a cantonment area. It was because we had definite information that his movement was restricted owing to his illness and that it would have been impossible for him to go to an ordinary hospital. We told the Americans that only in a cantonment area could he be looked after by his ISI or other Pakistani benefactors.” Cantonments are permanent military garrison areas administered by the military. Abbottabad, where bin Laden will be killed in 2011, is one of the cantonments in northwest Pakistan. Indian officials do not get the impression that US officials are particularly interested in their lead. (Parashar 5/4/2011)

In an op-ed published by the New York Times, former 9/11 Commission chairman Tom Kean and vice-chairman Lee Hamilton write that their 9/11 inquiry was “obstructed” by the CIA, which failed to provide them with videotapes of detainee interrogations. The White House also knew of the videotapes’ existence but failed to inform the Commission, which had repeatedly asked for all material related to detainee interrogations and was unhappy with what the CIA gave it (see Summer 2003-January 2004, Summer 2003, November 5, 2003-January 2004, and After January 2004). Kean and Hamilton write that the CIA “failed to respond to our lawful requests for information about the 9/11 plot. Those who knew about those videotapes—and did not tell us about them—obstructed our investigation. There could have been absolutely no doubt in the mind of anyone at the CIA—or the White House—of the commission’s interest in any and all information related to Qaeda detainees involved in the 9/11 plot. Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations.” (Kean and Hamilton 1/2/2008)

Convicted terrorism conspirator Jose Padilla (see January 22, 2008) sues former Justice Department lawyer John Yoo. Padilla claims Yoo’s legal arguments led to his mistreatment and illegal detention at a US Navy brig. Padilla’s lawsuit says that Yoo’s memos led President Bush to designate Padilla as an “enemy combatant” (see June 10, 2002) and subject him to indefinite detention without being charged or having access to a lawyer. The lawsuit asks for only $1 in damages, and seeks a legal judgment declaring that the policies violated the US Constitution. “This is ultimately about right and wrong, not money,” says Padilla’s attorney Jonathan Freiman, a law professor at Yale University. Freiman says Yoo is being sued because “he gave the green light” to how to deal with Padilla. The lawsuit reiterates claims that Padilla was subjected to harsh interrogation techiques and mistreatment that amounted to torture, claims Justice Department and Pentagon officials deny. (Anderson 1/4/2008)

The sanctuary of Trinity United Churco of Christ.The sanctuary of Trinity United Churco of Christ. [Source: Chocolate City (.cc)]PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, investigates claims that Democratic senator Barack Obama (D-IL), a presidential candidate, belongs to “a racist, anti-American church.” The investigation concludes that Obama’s church, Trinity United Church of Christ in Chicago, “teaches black empowerment, not racism, and that it claims Africa as its ethnic heritage.” Anonymous emails “ricocheting around the Internet” claim that Obama should not be president because his church is “anti-American” and “scary,” and, somewhat contradictorily, that Obama is not a Christian, but a “covert Muslim” (see December 19, 2007 and January 11, 2008). The emails began within hours of Obama’s Democratic primary win in the Iowa caucuses. One email declares: “If you look at the first page of their Web site, you will learn that this congregation has a nonnegotiable commitment to Africa. No where [sic] is AMERICA even mention [sic]. Notice too, what color you need to be if you should want to join Obama’s church… B-L-A-C-K!!!” PolitiFact writes: “It’s the latest salvo in the email wars—anonymous missives launched into cyberspace seeking to frighten voters away from presidential candidates in the guise of friendly warnings. Typically they use kernels of truth, then launch into falsehood.” Chicago historian Martin Marty, a white religious expert who has attended Trinity United services in the past, says: “There’s no question this is a distortion.… Whites are highly accepted. They don’t make a fuss over you, but you’re very much welcomed.” PolitiFact finds that Trinity United is one of the larger black “megachurches” in the US, preaches a message of black self-reliance, and has as its motto, “Unashamedly Black and Unapologetically Christian.” The church does have a “nonnegotiable commitment to Africa.” However, it has no racial standards for its members, and does have white and other non-black members. Obama is a member who has attended regularly for years, though with the travails of recent presidential campaigning, his attendance has fallen off in recent weeks. The main focus of the email vitriol, aside from Obama, is Trinity’s senior pastor Jeremiah A. Wright Jr., who preaches passionately and focuses on what he calls “black liberation theology.” Obama has written in his memoir, The Audacity of Hope, that it was Wright’s preaching that inspired him to convert from a secular agnosticism to Christianity during the 1980s. He titled his memoir after one of Wright’s sermons. PolitiFact finds, “Trinity’s commitment to Africa appears to be more a statement of philosophical orientation than of political support for any particular African country,” and notes that the church’s Web site states, “Just as those of Jewish heritage advocate on behalf of the state of Israel, and those of Irish heritage advocate on behalf of Ireland, and those of Polish descent for Poland, so must we of African descent care about the land of our heritage—the continent of Africa.” Divinity professor Dwight Hopkins, an African-American member of Trinity, describes the church as “highly evangelical and Bible-based.” The preaching, he says, tends to be “common-sense folk wisdom laced with theological sophistication.… There’s singing and shouting and people get happy. It’s an old-fashioned, mainstream down-home church that somehow is captured in this 8,000-person congregation.” John C. Green, a political science professor, says scholars do not view black liberation theology as racist, but some outsiders may hold that opinion. “A black empowerment theology could be seen as having a racist element because it isn’t neutral in regards to race,” he says. “The person who wrote this email obviously has very strong feelings about this.” In February 2007, Obama said of his church and his faith: “Commitment to God, black community, commitment to the black family, the black work ethic, self-discipline, and self-respect. Those are values that the conservative movement in particular has suggested are necessary for black advancement. So I would be puzzled that they would object or quibble with the bulk of a document that basically espouses profoundly conservative values of self-reliance and self-help.” In recent weeks, Obama has distanced himself somewhat from Wright and Trinity, because, his campaign says, he wishes to avoid bringing an overwhelming influx of media attention onto the church. The campaign said in a statement, “[B]ecause of the type of attention it was receiving on blogs and conservative talk shows, he decided to avoid having statements and beliefs being used out of context and forcing the entire church to defend itself.” Fox News talk show host Sean Hannity has called Trinity’s teachings “divisive,” and engaged in what PolitiFact calls “a spirited debate” with Wright on one of his broadcasts. Conservative ethicist Michael Cromartie agrees with Hannity, saying: “It’s too strong to call it racist but at the same time, it is a form of identity politics or identity theology, which insists you white people can come to this church, but you won’t get it.” Trinity has stated: “There is no anti-American sentiment in the theology or the practice of Trinity United Church of Christ. To be sure, there is prophetic preaching against oppression, racism, and other evils that would deny the American ideal.” Green is reminded of the 1960 presidential election, when many opponents of candidate John F. Kennedy attacked Kennedy for being Catholic. “But we didn’t have the Internet back then,” he says. “This kind of communication has always gone on, but it moves much faster now.” (St. Petersburg Times 1/6/2008; St. Petersburg Times 1/6/2008; St. Petersburg Times 1/11/2008)

The New Republic writes a January 8, 2008 article detailing years of racist, anti-Semitic, homophobic, and far-right conspiratorial content in the newsletters of libertarian Representative Ron Paul (R-TX—see 1978-1996). (Kirchick 1/8/2008) Hours after the article is published, Paul issues a statement, which reads in part: “The quotations in the New Republic article are not mine and do not represent what I believe or have ever believed. I have never uttered such words and denounce such small-minded thoughts. In fact, I have always agreed with Martin Luther King Jr. that we should only be concerned with the content of a person’s character, not the color of their skin.” After citing his admiration for another civil-rights era icon, Rosa Parks, Paul continues: “This story is old news and has been rehashed for over a decade. It’s once again being resurrected for obvious political reasons on the day of the New Hampshire primary [where Paul is a candidate for the Republican presidential nomination]. When I was out of Congress and practicing medicine full-time, a newsletter was published under my name that I did not edit. Several writers contributed to the product. For over a decade, I have publically taken moral responsibility for not paying closer attention to what went out under my name.” (Gillespie 1/8/2008) Most reactions are strongly negative. Nick Gillespie of the libertarian magazine Reason calls the newsletters’ content “stunning,” “odious,” and “jaw-dropping.” Gillespie adds: “I don’t think that Ron Paul wrote this stuff but that really doesn’t matter—the newsletters carried his name after all.… It is hugely disappointing that he produced a cache of such garbage.” He calls Paul’s response “unsatisfying on about a thousand different levels.” (Gillespie 1/8/2008) Radley Balko, also of Reason, writes that he “find[s] the prospect that Paul never read the newsletter implausible.” Reason senior editor Brian Doherty, who wrote a recent cover story enthusing over Paul’s candidacy, now writes that Paul’s “campaign’s reaction to this has been politically disastrous and given the third-rail nature of accusations of racism, Ron Paul’s campaign was likely fatally wounded.” (Kirchick 1/15/2008) David Boaz, a senior official of the libertarian Cato Institute, notes that Paul’s response indicates he is essentially unfit to be president, seeing as Paul’s defense has been, “I didn’t know what my closest associates were doing over my signature, so give me responsibility for the federal government.” Boaz writes that few at the Cato Institute were supportive of Paul even before the newsletters’ content became widely known: “We had never seen the newsletters that have recently come to light, and I for one was surprised at just how vile they turned out to be. But we knew the company Ron Paul had been keeping, and we feared that they would have tied him to some reprehensible ideas far from the principles we hold.” Paul may well have not written the newsletters, Boaz notes, “[b]ut he selected the people who did write those things, and he put his name on the otherwise unsigned newsletters, and he raised campaign funds from the mailing list that those newsletters created. And he would have us believe that things that ‘do not represent what I believe or have ever believed’ appeared in his newsletter for years and years without his knowledge. Assuming Ron Paul in fact did not write those letters, people close to him did. His associates conceived, wrote, edited, and mailed those words. His closest associates over many years know who created those publications. If they truly admire Ron Paul, if they think he is being unfairly tarnished with words he did not write, they should come forward, take responsibility for their words, and explain how they kept Ron Paul in the dark for years about the words that appeared every month in newsletters with ‘Ron Paul’ in the title.” Boaz notes that while many Paul supporters are angrily speculating about “conspiracies” leading to the expose of the newsletters (see January 12-15, 2008), they are not denying that Paul’s newsletters actually contained that content. Because of the content of these newsletters, Boaz writes, Paul “and his associates have slimed the noble cause of liberty and limited government.” (Boaz 1/11/2008)

Syndicated conservative radio host Michael Savage, asserting the oft-debunked claim that Democratic candidate Barack Obama is a Muslim (see January 22-24, 2008), gives Obama’s name as “Barack Madrassas Obama,” referring to schools that teach radical Islam. As reported by progressive media watchdog site Media Matters, Savage also repeats the falsehood that Obama was schooled in an Indonesian madrassah. (Media Matters 1/11/2008)

PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, debunks Internet claims that Senator Barack Obama (D-IL), a presidential candidate, is a covert Muslim whose middle name is Mohammed. The claims appear to be sourced from anonymous emails circulating throughout right-wing blogs and organizations. PolitiFact writes: “First off, Barack Obama’s middle name is not Mohammed; it’s Hussein. He was named after his father, a Kenyan who came to the United States from Africa as a student.” PolitiFact also verifies that Obama is not a Muslim, “covert” or otherwise. Obama is a member of the Trinity United Church of Christ in Chicago (see January 6-11, 2008). PolitiFact notes that the emails contradict themselves, on the one hand making the claim that Obama is a Muslim and on the other attacking his membership in Trinity United. Obama campaign spokesman Robert Gibbs has said, “To be clear, Senator Obama has never been a Muslim, was not raised a Muslim, and is a committed Christian who attends the United Church of Christ in Chicago.” (St. Petersburg Times 1/11/2008; St. Petersburg Times 1/11/2008) PolitiFact does further investigation and again debunks the claims months later (see April 18, 2008). PolitiFact has already debunked earlier claims that in 2005, Obama took his Senate oath of office on a Koran, when in reality he used his family Bible (see December 19, 2007).

At least one supporter of far-right libertarian Representative Ron Paul (R-TX) argues that a recently published article in the New Republic that exposed the overtly racist and conspiratorial content in Paul’s newsletters (see 1978-1996) was the result of a conspiracy by “beltway libertarians” from the Cato Institute to discredit Paul. According to Thomas DiLorenzo, the Koch family (see 1979-1980), who provide much of the funding for the Cato Institute (see 1977-Present and 1981-2010), is behind the conspiracy. “Proof” of this conspiracy, according to DiLorenzo, is that James Kirchick, the author of the article, has said he found many of the newsletters in the University of Kansas library; Charles Koch “is a major patron” of that university. DiLorenzo asks, “How on earth would a kid just out of college know to go to a library in Kansas, of all places, to dig up such stuff?” DiLorenzo goes on to say that he “recognized a paragraph [in Kirchick’s article] that was identical to one written on several occassions by one of the especially hate-filled Beltway losers who works at a DC ‘think tank’ on his spleen-venting personal blog. Either he wrote it or coached the author.” Author David Bernstein, who notes that the Cato Institute is preparing to publish a book of his, speculates that Kirchick may have used an Internet database called Wordcat to find the Paul newsletters, and writes, “Even ‘kids just out of college’ often know how to use the Internet, I believe.” And Kirchick calls DiLorenzo’s conspiracy theorizing “comically credulous.” (Kirchick 1/8/2008; Thomas DiLorenzo 1/12/2008; David Bernstein 1/12/2008; Kirchick 1/15/2008) DiLorenzo publishes his theory on the blog of former Paul chief of staff Lew Rockwell, who runs the Ludwig von Mises Institute, a libertarian think tank in Alabama closely allied with Paul. (Thomas DiLorenzo 1/12/2008) A week after the publication of the first New Republic article, Paul will deny having virtually any involvement with his newsletters (see January 16, 2008).

An editorial in the conservative Investors Business Daily (IBD) claims that presidential candidate Barack Obama (D-IL) is an “African nativist” driven by anti-American and anti-Christian views. According to the IBD editorial, “disturbing information has come to light” showing that “[a]t the core of the Democratic front-runner’s faith—whether lapsed Muslim, new Christian, or some mixture of the two—is African nativism, which raises political issues of its own.” The IBD editorial speculates that Obama is driven by “black nationalism” and fears that he and other African-Americans will continue to be held “captive” to “white culture” unless they take action. The editorial points to the Reverend Jeremiah Wright, one of the pastors of Chicago’s Trinity United Church of Christ where Obama and his family are members, as an “Afro-centric militant” who serves as Obama’s “personal spiritual adviser.” IBD then sounds the alarm about Obama’s “close family ties to Kenya,” particularly the “Muslim militants” of the Kenyan Luo tribe; Obama’s father was a Luo, as is his older half-brother Abongo “Roy” Obama, whom IBD describes as “a Luo activist… a militant Muslim,” and “a Marxist” who has “urge[d] his younger brother to embrace his African heritage.” IBD warns: “Beyond family politics, these ties have potential foreign policy, even national security, implications.… Would Obama put African tribal or family interests ahead of US interests? It’s a valid question, and one voters deserve to have debated regardless of the racial and religious sensitivities. Thanks to a media blackout of these issues, the electorate has yet to benefit from a thorough vetting of Obama.” IBD then informs its readers of Obama’s “Muslim past,” questioning his Christianity and worrying that if he is indeed a Christian, he would have repudiated his “childhood Muslim faith” and be viewed by Muslims as “an apostate,” thereby making him a possible target of “a fatwah” by radical Islamists. It concludes by avowing that Obama’s “Afrocentric doctrine” will be an overt threat to the US if he is elected president, stating, “If a President Obama’s foreign and domestic policies are anything like the Afrocentric doctrine he’s pledged to uphold, Americans will pay a hefty price, including those among the growing black middle class.” (Investor's Business Daily 1/16/2008) The editorial comes three weeks after a similar claim by conservative scholar Daniel Pipes (see December 26, 2007), and days after conservative radio host Michael Savage claimed Obama was educated in an Islamic madrassa (see January 10, 2008). The assertions will be debunked (see January 22-24, 2008). (Media Matters 11/29/2007)

Jose Padilla (see May 14, 2007), convicted in August 2007 of conspiring to assist terrorist organizations such as al-Qaeda, is sentenced for his crimes. Padilla was not charged with plotting to detonate a radioactive “dirty bomb,” as Bush administration officials have long alleged (see June 10, 2002). He is sentenced to over 17 years in prison, but is not sentenced to life in prison, as Judge Marcia Cooke could have given him. Cooke gives Padilla some credit for his detention in a US naval brig, and agrees that he was subjected to what she calls “harsh conditions” and “extreme environmental stresses” while there. “I do find that the conditions were so harsh for Mr. Padilla… they warrant consideration in the sentencing in this case,” she rules. Padilla does not get credit for time served. Two co-defendants, Adham Amin Hassoun (see 1993) and Kifah Wael Jayyousi (see (October 1993-November 2001)), are also convicted; Hassoun receives over 15 years in prison and Jayyousi is sentenced to over 12 years. Cooke says that the prosecution failed to prove that either defendant was responsible for any specific acts of terrorism. “There is no evidence that these defendants personally maimed, kidnapped, or killed anyone in the United States or elsewhere,” she rules. The reactions from the defendants’ lawyers and family members are mixed. “I feel good about everything. This is amazing,” says Padilla’s mother, Estela Lebron. Hassoun’s lawyer, Jeanne Baker, calls the verdict “a defeat for the government.” And Jayyousi’s lawyer, William Swor, says: “The government has not made America any safer. It has just made America less free.” (Associated Press 1/22/2008) Padilla will serve his prison sentence at a so-called “supermax” prison facility in Colorado. Domestic terrorists such as Terry Nichols, convicted of conspiring to bomb a federal building in Oklahoma City (see Late 1992-Early 1993 and Late 1994), “Unabomber” Ted Kaczynski (see April 3, 1996), and al-Qaeda operative Zacarias Moussaoui (see April 22, 2005) are also held at this facility. (Lewandowski 4/19/2008)

Center for Public Integrity logo.Center for Public Integrity logo. [Source: Center for Public Integrity]The Center for Public Integrity (CPI), a non-profit, non-partisan investigative journalism organization, releases an analysis of top Bush administration officials’ statements over the two years leading up to the March 18, 2003 invasion of Iraq.
Significance - Analysts and authors Charles Lewis and Mark Reading-Smith state that the analysis proves that the Bush administration engaged in deliberate deception to lead the country into war with Iraq, and disproves the administration’s contention that its officials were the victims of bad intelligence. CPI states that the analysis shows “the statements were part of an orchestrated campaign that effectively galvanized public opinion and, in the process, led the nation to war under decidedly false pretenses.” According to CPI’s findings, eight top administration officials made 935 false statements concerning either Iraq’s possession of weapons of mass destruction or Iraq’s links to al-Qaeda, between September 11, 2001 and the invasion itself. These statements were made on 532 separate occasions, by the following administration officials: President George W. Bush, Vice President Dick Cheney, Secretary of State Colin Powell, then-National Security Adviser Condoleezza Rice, then-Defense Secretary Donald Rumsfeld, then-Deputy Defense Secretary Paul Wolfowitz, and former White House press secretaries Ari Fleischer and Scott McClellan.
Foundation of Case for War - These deliberate falsehoods “were the underpinnings of the administration’s case for war,” says CPI executive director Bill Buzenberg. Lewis says, “Bush and the top officials of his administration have so far largely avoided the harsh, sustained glare of formal scrutiny about their personal responsibility for the litany of repeated, false statements in the run-up to the war in Iraq.” According to the analysis, Bush officials “methodically propagated erroneous information over the two years beginning on September 11, 2001.” The falsehoods dramatically escalated in August 2002, just before Congress passed a war resolution (see October 10, 2002). The falsehoods escalated again in the weeks before Bush’s State of the Union address (see 9:01 pm January 28, 2003) and Powell’s critical presentation to the United Nations (see February 5, 2003). All 935 falsehoods are available in a searchable database on the CPI Web site, and are sourced from what the organization calls “primary and secondary public sources, major news organizations and more than 25 government reports, books, articles, speeches, and interviews.” CPI finds that “officials with the most opportunities to make speeches, grant media interviews, and otherwise frame the public debate also made the most false statements.”
Breakdown - The tally of falsehoods is as follows:
bullet Bush: 260. 232 of those were about Iraqi WMD and 28 were about Iraq’s ties to al-Qaeda.
bullet Powell: 254, with 244 of those about Iraq’s WMD programs.
bullet Rumsfeld and Fleischer: 109 each.
bullet Wolfowitz: 85.
bullet Rice: 56.
bullet Cheney: 48.
bullet McClellan: 14.
The analysis only examines the statements of these eight officials, but, as CPI notes, “Other administration higher-ups, joined by Pentagon officials and Republican leaders in Congress, also routinely sounded false war alarms in the Washington echo chamber.”
An 'Impenetrable Din' - Lewis and Reading-Smith write that the “cumulative effect of these false statements,” amplified and echoed by intensive media coverage that by and large did not question the administration’s assertions, “was massive, with the media coverage creating an almost impenetrable din for several critical months in the run-up to war.” CPI asserts that most mainstream media outlets were so enthusiastically complicit in the push for war that they “provided additional, ‘independent’ validation of the Bush administration’s false statements about Iraq.” Lewis and Reading-Smith conclude: “Above all, the 935 false statements painstakingly presented here finally help to answer two all-too-familiar questions as they apply to Bush and his top advisers: What did they know, and when did they know it?” (Center for Public Integrity 1/23/2008; Center for Public Integrity 1/23/2008) The Washington Post’s Dan Froomkin approvingly calls the study “old-fashioned accountability journalism.” (Froomkin 1/23/2008)

Reporter Amy Goodman interviews Charles Lewis of the Center for Public Integrity (CPI), the co-author of a study that documents 935 false statements made by President Bush and seven of his top advisers in the two years before the Iraq invasion (see January 23, 2008). Lewis says that, after the raft of government reports that admitted Iraq had no weapons of mass destruction and no links to al-Qaeda, he and his fellow researchers became interested in who stated those falsehoods, how they did so, and how often: “In other words, how did we get from this not being true to it being a war and what happened there?” Goodman asks if “what [the administration officials] knew behind the scenes and what they were saying publicly” is so different, then “aren’t you talking about lies?” Lewis is more diplomatic, replying that Bush and his seven officials chose “certain information over other information.” What interested him and his fellow researchers was “the process inside the White House… how this campaign was orchestrated.” The White House has apparently destroyed much of the documentary and electronic trail surrounding the run-up to war, he notes, and Congress has not held any hearings on the decision to invade Iraq. Perhaps, Lewis says, this analysis will be the beginning of a better understanding of that process and even the precursor to a real investigation. Lewis says that without interviewing the people involved, he must hesitate to call the 935 statements outright lies. Reporter Bob Drogin, author of the book Curveball that examines one of the linchpin sets of falsehoods that drove the US into war, says he is not sure what to think about the discussion over whether or not the 935 falsehoods are actually lies. “I mean, it’s sort of like asking, to me, whether they, you know, forgot to put their turn signal on before they drove off a bridge. I mean, they took us into the midst of a—you know, a terrible, a horrific, tragic war, and they did it on the basis of ponied-up false intelligence. And sort of where they pushed the evidence here or there is sort of—to me, is sort of secondary. The fact is, they got it absolutely wrong on every single quarter.” (Goodman 1/24/2008)

CNN Headline News talk show host Glenn Beck tells his viewers that if presidential candidate Hillary Clinton (D-NY) wants to be consistent with her belief in affirmative action, she should give her opponent, African-American candidate Barack Obama (D-IL), “an additional five percentage points just for the years of oppression.” Beck makes his statement after asserting that anyone mentioning Obama’s race in a denigrating or derogatory fashion is “insulting,” and something only “professional separators” would attempt: “All they do is pull us apart so they can angle and try to grab as many people and ignite their base—and it’s outrageous. And it’s happening on all sides, on all issues, and it has got to stop or we’re going to disintegrate.” (CNN 1/25/2008; Media Matters 1/28/2008)

MSNBC counts the number of endnotes in the 9/11 Commission report that cite detainee interrogations and finds that more than a quarter of them—441 out of over 1,700—do so. It is widely believed that the detainees were tortured while in US custody, and that statements made under torture are unreliable. One of the detainees, alleged 9/11 mastermind Khalid Shaikh Mohammed, whose interrogations are mentioned hundreds of times in the report (see After January 2004), was extensively waterboarded (see Shortly After February 29 or March 1, 2003), and a CIA manager said that up to 90 percent of the information he provided under questioning was unreliable (see August 6, 2007). The endnotes often give the sources of the information contained in the main text. MSNBC comments: “The analysis shows that much of what was reported about the planning and execution of the terror attacks on New York and Washington was derived from the interrogations of high-ranking al-Qaeda operatives. Each had been subjected to ‘enhanced interrogation techniques.’ Some were even subjected to waterboarding.” In addition, many of the endnotes that cite detainee interrogations are for the report’s “most critical chapters”—five, six, and seven—which cover the planning of the attacks and the hijackers’ time in the US. In total, the Commission relied on more than 100 CIA interrogation reports. Its Executive Director Philip Zelikow admits that “quite a bit, if not most” of its information on the 9/11 conspiracy “did come from the interrogations.” Karen Greenberg, director of the Center for Law and Security at New York University’s School of Law, says, “It calls into question how we were willing to use these interrogations to construct the narrative.” (Windrem and Limjoco 1/30/2008)

President Bush makes racially charged statements while addressing an audience at a Republican fundraiser in Hillsborough, California, outside San Francisco. The fundraiser, hosted by the chairman of an investment firm, raises $1.5 million for the Republican National Committee. (Wildermuth 1/31/2008) The media will not learn about Bush’s remarks until late 2009, when former Bush administration speechwriter Matt Latimer publishes his book, Speechless: Tales of a White House Survivor. Latimer will write: “He talked about his own failings with alcoholism as the reason he supported his faith-based initiative. ‘My philosophy is, find somebody who hurts and do something about it,’ he said. ‘Don’t wait for government to tell you what to do.’ He bluntly talked about his own situation. ‘I was beginning to love alcohol over my wife and kids. It got to a point when Billy Graham came into my life. But I was hardheaded and didn’t want to listen for a while. And then I stopped drinking overnight. I am a one-man faith-based initiative. Alcohol was competing for my affections. And it would have ruined me.’ He said things that could ruffle feathers, such as how he’d recently gone to a faith-based program run by ‘former drunks.’ He said he went to see a prison ministry program, noting that ‘everyone was black, of course.’ All eyes turned in search of the sole African American in the audience of donors. They wanted to see if he was offended.” Latimer will write that the sole African-American donor did not “appear to be” offended, and will defend Bush, writing that he “didn’t mean it in a derogatory way. He just liked making blunt observations to shock his audience.” (Think Progress 9/23/2009)

Michael Savage.Michael Savage. [Source: Portland Indymedia]As reported by progressive media watchdog site Media Matters, conservative radio host Michael Savage calls the Democratic presidential primary race, now between African-American Barack Obama and female Hillary Clinton, “the first affirmative-action election in American history.” Savage says: “We have a woman and a multi-ethnic man running for office on the Democrat side. Is this not akin to an affirmative action election? Isn’t that why the libs are hysterical, tripping over themselves to say amen and yes to this affirmative election vote?” Because Americans do not support affirmative action, Savage asserts, voters will reject either Democratic candidate in the November presidential elections. “When they are heard from, the affirmative action ticket goes down in flames… I don’t really care who’s gonna be on the other side, they win. America’s not ready for an affirmative action presidency. I stand by those words.” Savage goes on to characterize Democratic supporters as “radical red-diaper doper babies from Brooklyn who made a fortune in the film business by urinating on the American flag and decimating the American value, the values that you grew up loving. They [are t]he ones who made a fortune hating America.” (Media Matters 2/4/2008)

CIA Director Michael Hayden and Director of National Intelligence Mike McConnell testify to a Senate committee that US officials had indeed waterboarded three terrorist suspects (see May 2002-2003, Mid-May 2002 and After, (November 2002), and After March 7, 2003). Hayden and McConnell, testifying before the Senate Intelligence Committee, say that while the CIA banned the use of waterboarding (see Between May and Late 2006), the agency might authorize it again if circumstances warranted. Hayden says that the CIA found it necessary to waterboard the three suspects—alleged 9/11 mastermind Khalid Shaikh Mohammed, militant training camp facilitator Abu Zubaida, and al-Qaeda manager Abd al-Rahim al-Nashiri—because the US believed they had information about an imminent attack, and because it needed information about al-Qaeda immediately. “Those two circumstances have changed,” says Hayden. McConnell calls waterboarding a “lawful technique” that could be used again if needed. Hayden says the CIA has held fewer than 100 detainees, and of those, less than a third were put through what he calls “enhanced techniques.” Hayden also admits that “private contractors” took part in subjecting detainees to those “enhanced techniques,” which many call torture. He says he is not sure if any contractors were involved in waterboarding anyone. Senator Richard Durbin (D-IL) calls for an immediate Justice Department investigation into whether waterboarding is a criminal act. (Gorman 2/6/2008) Two days later, Attorney General Michael Mukasey announces his decision not to investigate the US’s use of waterboarding (see February 7, 2008).

In House testimony, FBI Director Robert Mueller and Lieutenant General Michael Maples of the Defense Intelligence Agency say that they stand by their agencies’ decisions not to waterboard detainees. Two days before, CIA Director Michael Hayden and Director of National Intelligence Mike McConnell testified that the CIA had used waterboarding and might do so again (see February 5, 2008). The Pentagon has banned its employees from using the tactic, and the FBI has stated, “its investigators do not use coercive tactics when interviewing terror suspects.” Rush Holt (D-NJ) asks Mueller and Maples why their agencies do not use coercive interrogation: “Do you never interrogate people who have critical information?” Mueller responds: “Our protocol is not to use coercive techniques. That is our protocol. We have lived by it. And it is sufficient and appropriate for our mission here in the United States.… We believe in the appropriateness of our techniques to our mission here in the United States.” Maples adds: “The Army Field Manual guides our efforts and the efforts of the armed forces.… We believe that the approaches that are in the Army Field Manual give us the tools that are necessary for the purpose under which we are conducting interrogations.” The field manual bans the use of coercion against detainees. (Khanna 2/7/2008) The same day, Attorney General Michael Mukasey announces his decision not to investigate the US’s use of waterboarding (see February 7, 2008).

The Defense Department announces that it is bringing death penalty charges against six high-value enemy detainees currently being held at the Guantanamo Bay detention camp. The six, all charged with involvement in the 9/11 attacks, will be tried under the much-criticized military tribunal system (see October 17, 2006) implemented by the Bush administration. They are:
bullet Khalid Shaikh Mohammed, a Pakistani who claims responsibility for 31 terrorist attacks and plots, is believed to have masterminded the 9/11 attacks, and claims he beheaded Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Mohammed was subjected to harsh interrogation tactics by the CIA, including waterboarding.
bullet Ali Adbul Aziz Ali, Mohammed’s nephew and cousin of jailed Islamist terrorist Ramzi Yousef. He is accused of facilitating the attacks by sending $120,000 to US-based terrorists, and helping nine of the hijackers enter the US.
bullet Ramzi Bin al-Shibh, accused of being a link between al-Qaeda and the 9/11 hijackers. Bin al-Shibh is accused of helping some of the hijackers obtain flight training.
bullet Khallad bin Attash, who has admitted planning the attack on the USS Cole (see October 12, 2000) and is accused of running an al-Qaeda training camp in Afghanistan. He claims to have helped in the bombing of the US embassy in Kenya (see 10:35-10:39 a.m., August 7, 1998).
bullet Mustafa Ahmad al-Hawsawi, accused of being a financier of the 9/11 attacks, providing the hijackers with cash, clothing, credit cards, and traveller’s checks.
bullet Mohamed al-Khatani, another man accused of being a “20th hijacker;” al-Khatani was stopped by immigration officials at Orlando Airport while trying to enter the US. He was captured in Afghanistan.
Many experts see the trials as part of an election-year effort by the Bush administration to demonstrate its commitment to fighting terrorism, and many predict a surge of anti-American sentiment in the Middle East and throughout the Islamic world. Some believe that the Bush administration is using the trials to enhance the political fortunes of Republican presidential candidate John McCain, who has made the US battle against al-Qaeda a centerpiece of his campaign. “What we are looking at is a series of show trials by the Bush administration that are really devoid of any due process considerations,” says Vincent Warren, the executive director head of the Center for Constitutional Rights, which represents many Guantanamo detainees. “Rather than playing politics the Bush administration should be seeking speedy and fair trials. These are trials that are going to be based on torture as confessions as well as secret evidence. There is no way that this can be said to be fair especially as the death penalty could be an outcome.”
Treatment of Detainees an Issue - While the involvement of the six detainees in the 9/11 attacks is hardly disputed, many questions surround their treatment at Guantanamo and various secret “black sites” used to house and interrogate terror suspects out of the public eye. Questions are being raised about the decision to try the six men concurrently instead of separately, about the decision to seek the death penalty, and, most controversially, the admissibility of information and evidence against the six that may have been gathered by the use of torture.
Details of Forthcoming Tribunals - While the charges are being announced now, Brigadier General Thomas Hartmann, the Pentagon official supervising the case, acknowledges that it could be months before the cases actually begin, and years before any possible executions would be carried out. Hartmann promises the trials will be “as completely open as possible,” with lawyers and journalists present in the courtroom unless classified information is being presented. Additionally, the six defendants will be considered innocent until proven guilty, and the defendants’ lawyers will be given “every stitch of evidence” against their clients.
'Kangaroo Court' - British lawyer Clive Stafford Smith, who has worked with “enemy combatants” at Guantanamo, believes nothing of what Hartmann says. The procedures are little more than a “kangaroo court,” Stafford Smith says, and adds, “Anyone can see the hypocrisy of espousing human rights, then trampling on them.” Despite Hartmann’s assurances, it is anything but clear just what rights the six defendants will actually have. (Gumbel 2/12/2008) The charges against al-Khahtani are dropped several months later (see May 13, 2008).

The House of Representatives votes to hold White House Chief of Staff Joshua Bolten and former White House counsel Harriet Miers in contempt of Congress. Bolten and Miers have refused to testify to a House committee investigating the firing of several US attorneys. Many House Republicans walk off the House floor before the vote is cast, ostensibly because they want to work on reauthorizing the Protect America Act (see August 5, 2007) rather than deal with the contempt citation. Minority Leader John Boehner complains, “We have space on the calendar today for a politically charged fishing expedition, but no space for a bill that would protect the American people from terrorists who want to kill us.” (Riechmann 2/14/2008) “We will not stand for this, and we will not stay for this. And I would ask my House Republican colleagues and those who believe we should be protecting the American people, to not vote on this bill. Let’s just get up and leave.” (Think Progress 2/14/2008) (Before they walk out, Lincoln Diaz-Balart (R-FL) attempts to disrupt the memorial service for the recently deceased Tom Lantos (D-CA), taking place in Statuary Hall just a few steps from the House chambers, by calling for a procedural vote during the memorial service. An MSNBC reporter says Diaz-Balart’s action is apparently the result of “pique.”) (Viqueira 2/14/2008) The contempt citation will be forwarded to the US Attorney for the District of Columbia. The two resolutions passed hold Bolten and Miers in contempt, and allow for the House to file a civil suit against the Bush administration to compel the aides’ testimony. “I hope this administration will realize this Congress is serious about its constitutional role of oversight,” says House Speaker Nancy Pelosi (D-CA). Pelosi says she “had hoped that this day would never have come,” and adds that if the White House instructs Justice Department attorneys not to prosecute the contempt citations, “we will have power to go to federal court and seek civil enforcement of our subpoenas.” (Bolton and Marre 2/14/2008; Riechmann 2/14/2008)
White House Conditions 'Beyond Arrogance' - The White House has already said it will not allow the Justice Department to pursue the contempt charges, claiming that the information is off-limits because of executive privilege, and that Bolten and Miers are immune from prosecution. House Democrats such as Judiciary Committee chairman John Conyers (D-MI) had tried for months to work with the White House to win its approval for the aides’ testimony, but were unwilling to accept the White House’s restrictive conditions—investigators would not have been allowed to make transcripts of the testimony, to copy documents presented in the testimony, or to seek any more information after the single session. Pelosi said of the White House’s conditions, “This is beyond arrogance. It’s hubris taken to the ultimate degree.”
Republicans Say Testimony Would 'Undermine' Power of Executive Branch - Republicans such as David Dreier (R-CA) warn that such a case might “undermine the power of the first [executive] branch of government.” (Bolton and Marre 2/14/2008; Riechmann 2/14/2008)
Miller: Bush Attempting to 'Decide by Decree' - Representative Brad Miller (D-NC) says during the deliberations, “The president cannot decide by decree. The president cannot announce with absolute unreviewable authority what information the administration will provide or withhold. The framers of our Constitution had just fought a war against an autocratic king. It is inconceivable that they intended to create an executive branch with the power the Bush administration now claims and that the minority now supports.” (Speaker of the House 2/14/2008)

Admiral Mike McConnell, the director of national intelligence, admits during a radio interview that the main issue over the renewal of the Protect America Act (PAA) (see August 5, 2007) is not the security and safety of the nation, but the need to extend liability immunity to the nation’s telecommunications firms. In recent days, President Bush has said that unnamed terrorists are planning attacks on the US that will make 9/11 “pale by comparison,” and the only way to stop those attacks is to renew the PAA with new provisions that will grant telecommunications firms such as BellSouth, Verizon, and AT&T retroactive immunity from prosecution. Those firms are accused of illegally aiding the government in electronically monitoring the telephone and e-mail conversations of US citizens (see February 5, 2006). The PAA expires on February 16, but the government can operate under its provisions for another year. McConnell tells a National Public Radio reporter that the biggest issue surrounding the legislation is liability protection for the telecom firms. “We can’t do this mission without their help,” he says. “Currently there is no retroactive liability protection for them. They’re being sued for billions of dollars.” They did not break the law, McConnell asserts, but the lawsuits are curtailing their willingness to cooperate with the government. “The Senate committee that passed the bill examined the activities of the telecom companies and concluded they were not violating the law,” he says. By not extending retroactive immunity, McConnell says, “we’d lose the capability to protect the country.” (National Public Radio 2/15/2008) Two days later, McConnell echoes his unusually frank admission. Interviewed on Fox News, he says: “Let me make one other point just—very important. The entire issue here is liability protection for the carriers. And so the old law and extended law are an expired law if we don’t have retroactive liability protection for the carriers. They are less inclined to help us, and so their support.… And therefore, we do not have the agility and the speed that we had before to be able to move and try to capture [terrorists’] communications to thwart their planning.” He also implies that the argument against granting immunity—if the telecoms’ actions were legal in the first place then they wouldn’t need immunity—is valid. Interviewer Chris Wallace says: “Isn’t the central issue here that you’ve lost your power to compel telecommunications companies to cooperate with you and also your ability to offer them legal immunity? Again, the Democrats would say, ‘Look, if the cooperation is legal, they don’t need legal immunity.’” McConnell replies: “Exactly right. The issue now is there’s uncertainty because the law has expired and the law of August, the Protect America Act, allowed us to compel—compel—support from a private carrier. That’s now expired.… [T]he private sector, although willingly helped us [sic] in the past, are now saying, ‘You can’t protect me. Why should I help you?’” Interestingly, after all of the talk of imminent terror attacks, when Wallace asks, “Do you believe al-Qaeda is more of a threat now than any time since 9/11?” McConnell says flatly: “No. Following 9/11, al-Qaeda’s leadership and operatives were degraded probably two-thirds or three-quarters.” House Majority Leader Steny Hoyer (D-MD) responds that the administration’s attempt to tie the renewal of the PAA into the threat of future terrorist attacks is “wrong, divisive and nothing but fear-mongering.” Senator Edward Kennedy (D-MA) adds that McConnell’s “latest comments show yet again the shamelessness of the administration’s tactics.” (Fox News 2/17/2008)

The Protect America Act (PAA—see August 5, 2007) expires today. Congress has refused to pass a reauthorization of the legislation that contains a provision to grant retroactive immunity to US telecommunications firms to protect them from lawsuits arising from their previous cooperation with government eavesdroppers (see February 5, 2006). President Bush has warned for days that by refusing to reauthorize the bill, Congress is leaving the US “more in danger of attack.” The surveillance elements of the PAA will continue in force for another year after its passage even as the PAA itself expires, so the government’s capability to use electronic surveillance against suspected terrorists and citizens alike continues unabated through August 2008.
Republican Reaction - House Minority Leader John Boehner (R-OH) warns, “This is a grave problem, and the Democrat leaders ought to be held accountable for their inaction.” Senate Minority Leader Mitch McConnell (R-KY) says, “The companies have been waiting for six months for retroactive liability” protection. “They are under pressure from their directors, pressure from their shareholders, and you’re jeopardizing the entire existence of the company by continuing to do this.”
Democratic Reaction - But House Democrats seem to be in no mood to give in to Bush’s rhetoric. Speaker of the House Nancy Pelosi (D-CA) says Bush is “misrepresenting the facts on our nation’s electronic-surveillance capabilities.” “There is no risk the program will go dark,” says Silvestre Reyes (D-TX), chairman of the House Intelligence Committee. Many Democrats accuse the administration of putting the interests of telecom firms over national security—accusations that intensify after Bush’s Director of National Intelligence, Mike McConnell, admitted that the real issue behind the reauthorization is the immunity for telecoms (see February 15-17, 2008). Senator Edward Kennedy (D-MA) says that the entire argument is “nothing more than a scare tactic designed to avoid legal and political accountability and keep Americans in the dark about the administration’s massive lawbreaking.” House member Tim Walz (D-MN) says, “Coming from a military background, I sure don’t downplay that there are threats out there, but the president’s demagoguery on this is the equivalent of the boy crying wolf.” And Rahm Emanuel (D-IL), the head of the House Democratic Caucus, says bluntly: “This is not about protecting Americans. The president just wants to protect American telephone companies.”
Previous Depiction - When the law was signed into effect August 5, 2007, it was portrayed by the White House as “a temporary, narrowly focused statute to deal with the most immediate needs of the intelligence community to protect the country.” Now it is being portrayed by Bush officials as the cornerstone of the nation’s terrorist-surveillance program. The issue is sure to resurface when Congress returns from a week-long break in late February. (Associated Press 2/14/2008; Weisman and Eggen 2/16/2008)

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