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Context of '(After 10:00 a.m.) September 11, 2001: Vice President Cheney Assembles Legal Team for Expanding Presidential Power'

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After the failure of the US federal government under the Articles of Confederation, the men working to shape the new American government—later termed the “Founders”—determine that the new government must have a president with power equal to that of Congress and the Supreme Court. The federal government itself has far more power under the new Constitution than it had under the Articles, but many Founders worry that the government will have, or take upon itself, the power to constrain or even destroy individual rights and freedoms. The government, therefore, will have strict limitations on its functions, and will be divided into three co-equal branches. Debate over whether the new government should have a single president or an executive council rages, but eventually the Founders decide that a single president could best act decisively in times of crisis. However, Congress has the strength to curtail presidential power via legislation and oversight. One of the Founders’ most crucial decisions is to give Congress, not the president, the power to declare war and commit military troops to battle. Congress must also authorize any military actions that fall short of actual war, the creation and maintenance of armies, and exercise control over how the president can call on the armed forces in emergencies. Finally, the Founders, all too aware that until the English Revolution of 1688, the King of England could use his “prerogative powers” to dispense with a law that he felt unnecessary, move to ensure that the US president cannot use a similar usurpation of power to override Congressional legislation, writing in the Constitution that the president must “take care that the laws be faithfully executed.” In 2007, reporter Charlie Savage, drawing on James Madison’s Federalist Papers, will write: “Knowing that it was inevitable that from time to time foolish, corrupt, or shortsighted individuals would win positions of responsibility in the government, the Founders came up with a system that would limit anyone’s ability to become a tyrant or to otherwise wreck the country. And over the next century and a half, the system worked as the Founders had designed it to work.” [Savage, 2007, pp. 14-16]

Entity Tags: James Madison, Charlie Savage

Timeline Tags: Civil Liberties

James Madison, one of the founders of the American system of constitutional government (see 1787), writes of the importance of Congress, not the president, retaining the power to send the nation to war. “Those who are to conduct a war cannot, in the nature of things, be proper or safe judges,” he writes, “whether a war ought to be commenced, continued, or concluded. They are barred from the latter functions by a great principle in free government, analagous to that which separates the sword from the purse, or the power from executing from the power of enacting laws.” [Savage, 2007, pp. 19]

Entity Tags: James Madison

Timeline Tags: Civil Liberties

President Abraham Lincoln, responding to a Confederate attack on Fort Sumter in South Carolina, does not wait for Congress to begin its next session to make his response. Instead, Lincoln, wielding powers that the Constitution does not grant him and without a formal declaration of war, drastically enlarges the Union’s army and navy, blockades Southern ports, spends money not appropriated by Congress, and arrests Northern citizens suspected of being Confederate sympathizers. All of these steps exceed his authority under the Constitution and under federal law. Lincoln addresses Congress as soon as it reconvenes, admitting that he has exceeded his authority (see 1787 and 1793), and refusing to argue that his actions are lawful based on any “prerogative of power” inherent to the presidency. Instead, he explains that he felt he had to respond immediately to the sudden crisis, and asks Congress to retroactively authorize his emergency actions. He says, “These measures, whether strictly legal or not, were ventured upon under what appeared to be a popular demand and a public necessity, trusting then, as now, that Congress would readily ratify them.” Congress gives Lincoln the retroactive authorization he seeks. [Savage, 2007, pp. 16-17]

Entity Tags: Abraham Lincoln

Timeline Tags: Civil Liberties

President Theodore Roosevelt, wielding what will become known as the theory of inherent power, declares that the presidency has a “residuum of powers” to do anything not specifically forbidden by the Constitution. Without asking Congress for its approval, Roosevelt launches the project to build the Panama Canal, sends the US Navy around the world, and sends US troops to the Dominican Republic. In 2009, reporter and author Charlie Savage will write, “Roosevelt’s views… contained the seeds of the imperial presidency that would arise during the first decades of the Cold War.” Roosevelt’s successor, future Supreme Court Chief Justice William Howard Taft, will disagree, and Taft’s presidency will restore some of the limits on presidential power removed by Roosevelt. [Savage, 2007, pp. 17-18]

Entity Tags: William Howard Taft, Charlie Savage, Theodore Roosevelt

Timeline Tags: Civil Liberties

Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ [Source: Black Americans in Congress]President Theodore “Teddy” Roosevelt signs the Tillman Act into law. The Act prohibits monetary contributions to national political campaigns by corporations and national banks. Roosevelt, dogged by allegations that he had accepted improper donations during his 1904 presidential campaign, has pushed for such restrictions since he took office (see August 23, 1902 and December 5, 1905). [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] Senator Benjamin Tillman (D-SC), later described by National Public Radio as a “populist and virulent racist,” sponsored the bill. [National Public Radio, 2012] In 1900, Tillman was quoted as saying about black voters: “We have done our level best. We have scratched our heads to find out how we could eliminate every last one of them. We stuffed ballot boxes. We shot them. We are not ashamed of it.” [Atlas, 2010, pp. 205] Unfortunately, the law is easily circumvented. Businesses and corporations give employees large “bonuses” with the understanding that the employee then gives the bonus to a candidate “endorsed” by the firm. Not only do the corporations find and exploit this loophole, they receive an additional tax deduction for “employee benefits.” The law will be amended to cover primary elections in 1911 (see 1911). [Campaign Finance Timeline, 1999]

Entity Tags: Benjamin Tillman, Theodore Roosevelt, Tillman Act

Timeline Tags: Civil Liberties

President Roosevelt signs the US declaration of war with Japan.President Roosevelt signs the US declaration of war with Japan. [Source: Franklin D. Roosevelt Presidential Library and Museum]President Roosevelt, recognizing that Congress has the Constitutional authority to declare war (see 1787 and 1793), asks the legislature for a declaration of war against Japan in retaliation for the Japanese air attack against US naval forces at Pearl Harbor. Roosevelt calls the date of the Pearl Harbor attack, December 7, 1941, “a day which will live in infamy.” He says, “I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7, 1941, a state of war has existed between the United States and the Japanese Empire.” With a single exception—Representative Jeannette Rankin (R-MT)—every member of the House and Senate votes to authorize war against Japan. The next day, the US will declare war against Germany and Italy as well. [Savage, 2007, pp. 18; Franklin D. Roosevelt Library and Museum, 2/10/2008]

Entity Tags: Jeannette Rankin, Franklin Delano Roosevelt

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

With the approval of President Harry S. Truman, the US government constructs a massive 200,000-square-foot underground facility along the Maryland-Pennsylvania border, about seven miles north of Camp David and about 65 miles north of Washington, DC. Site-R at Raven Rock, officially known as the Alternate Joint Communications Center, is one of 96 bunkers being assembled around the nation’s capital in preparation for a potential nuclear conflict with the Soviet Union (see 1950-1962). Site-R is designed to serve as a complete backup to the Pentagon in times of war and is complete with state-of-the-art technology, alternate command posts, war rooms, and living spaces for top officials. The subterranean fortress resembles a small city, with all the basic necessities for sustaining a population in the thousands for months at a time. The site is equipped with its own self-generating power supply, offices, medical clinic, fire department, mail service center, dining halls, and dormitories. The facility is said to have its own a chapel, two fishing lakes, a barbershop, a drug store, and even a bowling alley. There are also rumors that an underground tunnel connects Site-R to Camp David less than 10 miles to the south. Decades later, Vice President Dick Cheney and other high-ranking officials will relocate to Site-R in the aftermath of the terrorist attacks of September 11, 2001 (see (11:00 a.m.) September 11, 2001 and September 12, 2001-2002). [Pittsburgh Post-Gazette, 8/7/1985; Washington Post, 5/31/1992; New York Times, 12/2/2000; Gannett News Service, 6/25/2002; Knight Ridder, 7/20/2004]

Entity Tags: Harry S. Truman, Site R, Camp David

Timeline Tags: Civil Liberties

President Harry Truman, without the approval of Congress, sends US troops to fight in the Korean War. Unlike his predecessor (see December 8, 1941), Truman asserts that he has the inherent right to do so as the commander in chief (see 1787 and 1793). Truman bases his decision in part on a UN Security Council resolution passed three days before—at the US’s behest—approving military aid to South Korea, which was invaded by North Korean troops on June 25. In 2007, reporter and author Charlie Savage will write: “But the permission of foreign states was irrelevant to the domestic legal issue of who got to decide whether the United States would go to war. No president had ever before launched anything on the scale of the Korean War without prior permission from Congress, as the Constitution requires.” Savage will explain why Congress allows Truman to usurp its prerogatives: “[M]embers of Congress, eager to appear tough against Communism and to support a war effort, did nothing to block Truman.” [Savage, 2007, pp. 19; Truman Library, 3/2008]

Entity Tags: Harry S. Truman, United Nations Security Council, Charlie Savage

Timeline Tags: Civil Liberties

1952: NSA Founded

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

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

Timeline Tags: Civil Liberties

The Justice Department appeals the ruling of the US Appeals Court in the B-29 “Banshee” case (see December 11, 1951). The appellate judges found that the executive branch of government could not unilaterally refuse to hand over classified documents requested during the course of a trial, and justify its decision merely by its own say-so (see October 12, 1950). Solicitor General Philip Perlman argues that the appellate ruling erroneously interprets the law “so as to permit encroachments by the judiciary on an area committed by the Constitution to executive discretion.” The claim of “state secrets,” “executive privilege,” and, ultimately, “national security” must trump judicial concerns, Perlman argues, and he goes on to say that the judiciary should not be allowed to “substitute its judgment for the judgment of the executive.” The case will be labeled United States of America v. Patricia Reynolds, Phyllis Brauner, and Elizabeth Palya, and will usually be shortened to the more colloquial US v. Reynolds.
The Vinson Court - In 2008, author Barry Siegel, in his book Claim of Privilege, will note that the recent ascension of Fred Vinson as the Supreme Court’s Chief Justice does not bode well for the plaintiffs in the case. President Truman placed Vinson, whom Siegel calls Truman’s “poker and drinking buddy,” as Chief Justice to try to achieve consensus between the two contentious blocs of justices on the Court. Siegel notes that Vinson is widely considered an intellectual and legal lightweight, with a tendency to take the side of the government on issues in which he lacks a full understanding. Siegel will write that in many instances, Vinson functions “as part of the executive branch.”
'Dennis' Case Preview of Court's Tendency to Favor Executive Branch - Vinson had written the opinion in a 1951 ruling, Dennis et al v. United States, where the Court had upheld a lower court ruling that twelve acknowledged American Communists were sent to jail under the Smith Act—not for breaking the law, but for “teaching and advocating,” in the words of the original indictment. Siegel will call that ruling “the nadir of the Vinson Court.” According to Siegel, the Dennis ruling showed the Court’s predisposition to give the government, and particularly the executive branch, plenty of leeway in its findings in subsequent cases such as Reynolds. [Siegel, 2008, pp. 157-162]

Entity Tags: Fred Vinson, Elizabeth Palya, US Supreme Court, US Department of Justice, Barry Siegel, Harry S. Truman, Phyllis Brauner, Philip Perlman, Patricia Reynolds

Timeline Tags: Civil Liberties

The US Supreme Court rules that the federal government cannot seize the nation’s steel mills. In April, President Truman, fearing a nationwide strike that could impact the US war effort in Korea, ordered the seizure of all US steel mills; the lawsuit that resulted, Youngstown Sheet & Tube Co. v. Sawyer, quickly made its way to the Supreme Court.
Rejection of 'Inherent Powers' Claim - During oral arguments, the justices grilled Acting Attorney General Philip Perlman, demanding to know what statutes he had relied on for his arguments and asserting that the president had limitations both on his emergency wartime powers and on his ability to claim that he is the “sole judge” of the existence of, and remedies for, an emergency. The justices are not convinced by the government’s arguments for the president’s “inherent powers.” They are also troubled by repeated refusals of the government to provide facts and documentary backing for its legal arguments, and its reliance instead on claims of “national security.” The attorney for the steel industry, John Davis, quoted Thomas Jefferson in his argument: “In questions of power, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution.” Justice William O. Douglas noted that if the government’s claims were valid, there would be “no more need for Congress.”
Court Rejects Argument - In a 6-3 vote, the Court rules that the president has no inherent power to seize the steel mills. Writing for the majority, Justice Hugo Black states: “In the framework of our Constitution, the president’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.… The founders of this nation entrusted the lawmaking power to the Congress alone in both good and bad times.… This is a job for the nation’s lawmakers.” In a concurring opinion, Justice Robert Jackson writes, “No penance would ever expiate the sin against free government of holding that a president can escape control of executive powers by law through assuming his military role.” In his dissent, Chief Justice Fred Vinson (see March 1952) argues that “the gravity of the emergency” overrides the Constitutional arguments accepted by the majority of the Court. “Those who suggest that this is a case involving extraordinary powers should be mindful that these are extraordinary times. A world not yet recovered from the devastation of World War II has been forced to face the threat of another and more terrifying global conflict.” [Savage, 2007, pp. 123; Siegel, 2008, pp. 163-164] In 2007, reporter and author Charlie Savage will observe that the Youngstown decision “turned out to be only a pause in the movement toward an increasingly authoritarian presidency.” [Savage, 2007, pp. 19]

Entity Tags: William O. Douglas, John Davis, Hugo Black, Charlie Savage, Fred Vinson, Harry S. Truman, Philip Perlman, US Supreme Court

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

In the case of United States v. Auto Workers, the Supreme Court reverses a lower court’s dismissal of an indictment against a labor union accused of violating federal laws prohibiting corporations and labor unions from making contributions or expenditures in federal elections (see June 23, 1947). Justice Felix Frankfurter writes the majority opinion; Chief Justice Earl Warren and Justices William O. Douglas and Hugo Black dissent. In a 5-3 decision, the Court finds the International Union United Automobile, Aircraft, and Agricultural Implement Workers of America liable for its practice of using union dues to sponsor television commercials relating to the 1954 Congressional elections. [UNITED STATES v. AUTO. WORKERS, 2011; Moneyocracy, 2/2012] Law professor Allison R. Hayward will later write that in her opinion the Court finding created “a fable of campaign finance reform… dictated by political opportunism. Politicians used reform to exploit public sentiment and reduce rivals’ access to financial resources.… [J]udges should closely examine campaign finance regulation and look for the improper use of legislation for political gain instead of simply deferring to Congress. Undue deference to the Auto Workers fable of reform could lead to punishment for the exercise of political rights. Correcting the history is thus essential to restoring proper checks on campaign finance legislation.” Hayward will argue that Frankfurter used a timeline of Congressional efforts to curb and reform campaign finance practices as an excuse to allow powerful political interests to exert restrictions on political opponents with less access to large election finance contributions. The case is used uncritically, and sometimes unfairly, to influence later campaign reform efforts, Hayward will argue. [Hayward, 6/17/2008 pdf file]

Entity Tags: US Supreme Court, Earl Warren, Allison R. Hayward, Felix Frankfurter, International Union United Automobile, Aircraft, and Agricultural Implement Workers of America, William O. Douglas, Hugo Black

Timeline Tags: Civil Liberties

The CIA’s Technical Services Division (TSD) considers plans to undermine Fidel Castro’s charismatic appeal by sabotaging his speeches. At one point, there is discussion of spraying Castro’s broadcasting studio with a hallucinogenic chemical. The plan is taken of the shelf because the chemical is deemed unreliable. During this period, the TSD laces a box of cigars with a chemical that would produce temporary disorientation, hoping that he will smoke one of the cigars before giving a speech. In another instance, the TSD comes up with a scheme to dust Castro’s shoes with thallium salts during a trip outside of Cuba. The salts would cause his beard to fall out. The plan is abandoned when Castro cancels the trip. [US Congress, 12/18/1975]

Entity Tags: Fidel Castro, Technical Services Division (TSD)

Timeline Tags: US-Cuba (1959-2005)

The CIA works with a high-level Cuban official, codenamed “AM/LASH,” on a plan to assassinate Fidel Castro and overthrow his government. In June 1965, the CIA ends its contact with AM/LASH and his associates, citing security concerns. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Timeline Tags: US-Cuba (1959-2005)

The CIA’s Task Force W devises two plans to assassinate Fidel Castro. The first one, involving an exploding sea shell that would be placed where Castro regularly dives, is dismissed by the CIA’s Technical Services Division (TSD) as impractical. In the second plan, James Donovan (who has been negotiating with Castro for the release of prisoners taken during the Bay of Pigs operation) would present Castro with a contaminated diving suit. TSD decides to give the plan a try. It purchases a diving suit and laces its breathing apparatus with tubercule bacillus. The suit itself is dusted with a fungus that is known to cause a chronic skin disease. But the suit never leaves the laboratory. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Entity Tags: Technical Services Division (TSD), James Donovan, Fidel Castro

Timeline Tags: US-Cuba (1959-2005)

US intelligence agencies, including the NSA, the CIA, and the FBI, run a clandestine and highly illegal surveillance operation called Project MINARET that uses “watch lists” to electronically and physically spy on “subversive” activities by civil rights and antiwar leaders such as Dr. Martin Luther King, Jr, Jane Fonda, Malcolm X, Dr. Benjamin Spock, and Joan Baez—all members of Richard Nixon’s infamous “enemies list.” [Patrick S. Poole, 8/15/2000; Pensito Review, 5/13/2006] MINARET operates in tandem with a much more extensive electronic surveillance operation, SHAMROCK, run by the NSA (see 1945-1975). Almost 6,000 foreigners and nearly 1,700 organizations and US citizens are monitored as part of MINARET. In August 1975, NSA director Lew Allen testifies before the Senate’s investigative commission on US intelligence activities, the Church Committee (see April, 1976), that the NSA has issued over 3,900 reports on the US citizens on MINARET’s watch lists, and the NSA’s Office of Security Services has maintained reports on at least 75,000 citizens between 1952 and 1975, reports that later became part of MINARET’s operations. MINARET, like SHAMROCK, will be terminated shortly after the Church Committee goes public with its information about the illegal surveillance program. [Bamford, 1983; Pensito Review, 5/13/2006]

Entity Tags: Malcolm Little, Central Intelligence Agency, Church Committee, Lew Allen, National Security Agency, Martin Luther King, Jr., Office of Security Services, Joan Baez

Timeline Tags: Civil Liberties

Dick Cheney.Dick Cheney. [Source: Boston Globe]Dick Cheney, a long-term college student who avoided the Vietnam War by securing five student deferments [Washington Post, 1/17/2006] and now a Congressional aide, is hired by Donald Rumsfeld, who had been a congressman but resigned to run the Office of Economic Opportunity (OEO). Cheney is a young staff assistant to Representative Bill Steiger (R-WI), who took Cheney under his wing and taught him what he knew of the ins and outs of Washington bureaucracy. There are two versions of how Cheney comes to Rumsfeld’s attention. Rumsfeld sends a letter to Steiger asking for advice on how to run the OEO. The official story has Cheney spying the letter and writing a ten-page policy memo on how to run a federal agency, a memo that so impresses Steiger that he recommends Cheney to Rumsfeld’s attention. Authors Lou Dubose and Jake Bernstein will write, “A more plausible version has Steiger (who died in 1978) assigning Cheney the task of collecting information on the OEO for Rumsfeld.” Either way, Rumsfeld is so taken with the memo that he hires Cheney on the spot. Rumsfeld, who is also an assistant to President Nixon, takes Cheney with him to morning and afternoon meetings in the White House. Cheney later says these meetings taught him “what [a president] has to do in the course of a day.” [Dubose and Bernstein, 2006, pp. 24-25]

Entity Tags: Jake Bernstein, Donald Rumsfeld, Richard M. Nixon, Richard (“Dick”) Cheney, Office of Economic Opportunity, Lou Dubose, Bill Steiger

Timeline Tags: Nixon and Watergate, Neoconservative Influence

Richard Perle, a young neoconservative just hired for the staff of Senator Henry “Scoop” Jackson (D-WA—see Early 1970s), is given a classified CIA report on alleged past Soviet treaty violations by CIA analyst David Sullivan. Apparently Sullivan leaks the report to pressure the US government to take a harder stance on the Soviet Union. Sullivan quits before an incensed CIA Director Stansfield Turner can fire him. Turner urges Jackson to fire Perle, but Jackson not only refuses, he also hires Sullivan for his staff. Sullivan and Perle establish an informal right-wing network called “the Madison Group” after their usual meeting place, the Madison Hotel Coffee Shop. [CounterPunch, 2/28/2004]

Entity Tags: Richard Perle, ’Madison Group’, David Sullivan, Central Intelligence Agency, Stansfield Turner, Henry (“Scoop”) Jackson

Timeline Tags: Neoconservative Influence

July 26-27, 1970: Nixon Rejects Huston Plan

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

An FBI wiretap at the Israeli Embassy in Washington picks up Richard Perle, an aide to Senator Henry “Scoop” Jackson (D-WA—see Early 1970s), discussing classified information with an Israeli official. This is the second time Perle has been involved in providing classified information to Israel (see Late 1969). This data was given to Perle by National Security Council staff member Helmut “Hal” Sonnenfeldt, who has been under investigation since 1967 for providing classified documents to the Israelis. [Atlantic Monthly, 5/1982; American Conservative, 3/24/2003; CounterPunch, 2/28/2004]

Entity Tags: Helmut Sonnenfeldt, Richard Perle, Henry (“Scoop”) Jackson

Timeline Tags: US International Relations, Neoconservative Influence

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

Entity Tags: Nixon administration, George W. Bush

Timeline Tags: US International Relations

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

After the New York Times verifies the phone calls to Nixon campaign provocateur Donald Segretti from Watergate burglar E. Howard Hunt (see October 12-15, 1972), it publishes an analysis of the White House’s attacks on the media (see October 16-November, 1972). The analysis, written by Robert Semple, Jr, says in part: “The essence of the administration’s recent counterattack to the charges that some of President Nixon’s created or at least condoned a network of political espionage and disruption has been to denounce the newspapers that print them without explicitly discussing them. Behind the strategy lie two assumptions that tell much about the administration’s perceptions of the voters and newspapers that serve them. Judging by recent interviews with Mr. Nixon’s aides, these assumptions seem to be widely shared in his inner circle. First, at the moment, the White House feels, the alleged conspiracy is perceived by most of the public as a distant and even amateurish intrigue far removed from the Oval Office, and thus a denial or even discussion of the charges by the White House would give those charges undeserved visibility and currency. The second is that the public—softened up by three years of speeches from Vice President Agnew—has less than total confidence that what it reads and hears—particularly in the so-called Eastern Establishment media—is true and undistorted by political prejudice. Hence the recent administration attacks on the Washington Post, which has been giving the corruption allegations front-page treatment…. Repeated requests to senior White House aides to get the full story, as they see it, have gone unanswered.… ‘Do you know why we’re not uptight about the press and the espionage business?’ one White House aide… asked rhetorically the other day. ‘Because we believe that the public believes that the Eastern press really is what Agnew said it was—elitist, anti-Nixon and ultimately pro-McGovern.” [Bernstein and Woodward, 1974, pp. 169]

Entity Tags: New York Times, Donald Segretti, E. Howard Hunt, Spiro T. Agnew, Nixon administration, Richard M. Nixon, Robert Semple, Jr

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

Comedian Bill Cosby, one of many on Nixon’s enemies list.Comedian Bill Cosby, one of many on Nixon’s enemies list. [Source: Quixoticals]Former White House counsel John Dean, continuing his testimony before the Senate Watergate Committee (see June 25-29, 1973), provides a sheaf of documents to the committee. Among those is the “Opponents List and Political Enemies Project,” informally called President Nixon’s “enemies list.” The list is actually a set of documents “several inches thick” of names and information about Nixon’s political enemies. It was compiled by a number of administration officials, including Dean, White House aides Charles Colson, Gordon Strachan, and Lyn Nofziger, beginning in 1971. One of the documents from August 16, 1971, has Dean suggesting ways in which “we can use the available federal machinery to screw our political enemies.” Methods proposed included administration manipulation of “grant availability, federal contracts, litigation, prosecution, etc.” The Dean memo was given to then-chief of staff H. R. Haldeman and top White House aide John Ehrlichman for approval. Though Dean testifies that he does not know if the plan was set into motion, subsequent documents submitted to the committee indicate that it was indeed implemented. A condensed list of 20 “White House enemies” was produced by Colson’s office; a larger list included ten Democratic senators, all 12 black House members, over 50 news and television reporters, prominent businessmen, labor leaders, and entertainers, and contributors to the 1972 presidential campaign of Democratic senator Edmund Muskie. The condensed list includes, in priority order:
bullet “1. Arnold M. Picker, United Artists Corp., NY. Top Muskie fund raiser. Success here could be both debilitating and very embarrassing to the Muskie machine. If effort looks promising, both Ruth and David Picker should be programmed and then a follow through with United Artists.”
bullet “2. Alexander E. Barkan, national director of AFL-CIO’s committee on Political Education, Washington D.C.: Without a doubt the most powerful political force programmed against us in 1968 ($10 million, 4.6 million votes, 115 million pamphlets, 176,000 workers—all programmed by Barkan’s COPE—so says Teddy White in The Making of the President 1968). We can expect the same effort this time.”
bullet “3. Ed Guthman, managing editor, Los Angeles Times: Guthman, former Kennedy aide, was a highly sophisticated hatchetman against us in ‘68. It is obvious he is the prime mover behind the current Key Biscayne effort. It is time to give him the message.”
bullet “4. Maxwell Dane, Doyle, Dane and Bernbach, NY: The top Democratic advertising firm—they destroyed Goldwater in ‘64. They should be hit hard starting with Dane.”
bullet “5. Charles Dyson, Dyson-Kissner Corp., NY: Dyson and [Democratic National Committee chairman] Larry O’Brien were close business associates after ‘68. Dyson has huge business holdings and is presently deeply involved in the Businessmen’s Educational Fund which bankrolls a national radio network of five-minute programs—anti-Nixon in character.”
bullet “6. Howard Stein, Dreyfus Corp., NY: Heaviest contributor to [Democratic presidential candidate Eugene] McCarthy in ‘68. If McCarthy goes, will do the same in ‘72. If not, Lindsay or McGovern will receive the funds.”
bullet “7. [US Representative] Allard Lowenstein, Long Island, NY: Guiding force behind the 18-year-old ‘Dump Nixon’ vote campaign.”
bullet “8. Morton Halperin, leading executive at Common Cause: A scandal would be most helpful here.”
bullet “9. Leonard Woodcock, UAW, Detroit, Mich.: No comments necessary.”
bullet “10. S. Sterling Munro Jr., Sen. [Henry Jackson’s aide, Silver Spring, Md: We should give him a try. Positive results would stick a pin in Jackson’s white hat.”
bullet “11. Bernard T. Feld, president, Council for a Livable World: Heavy far left funding. They will program an ‘all court press’ against us in ‘72.”
bullet “12. Sidney Davidoff, New York City, [New York City Mayor John V.] Lindsay’s top personal aide: a first class SOB, wheeler-dealer and suspected bagman. Positive results would really shake the Lindsay camp and Lindsay’s plans to capture youth vote. Davidoff in charge.”
bullet “13. John Conyers, congressman, Detroit: Coming on fast. Emerging as a leading black anti-Nixon spokesman. Has known weakness for white females.”
bullet “14. Samuel M. Lambert, president, National Education Association: Has taken us on vis-a-vis federal aid to parochial schools—a ‘72 issue.” [Facts on File, 6/2003] Committee chairman Sam Ervin (D-NC) is clearly outraged by the list, and particularly by Lambert’s inclusion. He says, “Here is a man listed among the opponents whose only offense is that he believed in the First Amendment and shared Thomas Jefferson’s conviction, as expressed in the Virginia Statute for Religious Freedom, that to compel a man to make contributions of money for the dissemination of religious opinions he disbelieves is sinful and tyrannical. Isn’t that true?” Dean replies, “I cannot disagree with the chairman at all.” [Time, 7/9/1973]
bullet “15. Stewart Rawlings Mott, Mott Associates, NY: Nothing but big money for radic-lib candidates.”
bullet “16. Ronald Dellums, congressman, Calif: Had extensive [Edward M. Kennedy] EMK-Tunney support in his election bid. Success might help in California next year.”
bullet “17. Daniel Schorr, Columbia Broadcasting System, Washington: A real media enemy.”
bullet “18. S. Harrison Dogole, Philadelphia, Pa: President of Globe Security Systems—fourth largest private detective agency in US. Heavy Humphrey [former presidential candidate Hubert Humphrey] contributor. Could program his agency against us.”
bullet “19. [Actor] Paul Newman, Calif: Radic-lib causes. Heavy McCarthy involvement ‘68. Used effectively in nation wide TV commercials. ‘72 involvement certain.”
bullet “20. Mary McGrory, Washington columnist: Daily hate Nixon articles.”
Another “master list” of political enemies prepared by Colson’s office includes Democratic senators Birch Bayh, J. W. Fulbright, Fred R. Harris, Harold Hughes, Edward M. Kennedy, George McGovern, Walter Mondale, Edmund Muskie, Gaylord Nelson, and William Proxmire; House representatives Bella Abzug, William R. Anderson, John Brademas, Father Robert F. Drinan, Robert Kastenmeier, Wright Patman; African-American representatives Shirley Chisholm, William Clay, George Collins, John Conyers, Ronald Dellums, Charles Diggs, Augustus Hawkins, Ralph Metcalfe, Robert N.C. Nix, Parren Mitchell, Charles Rangel, Louis Stokes; and several other politicians, including Lindsay, McCarthy, and George Wallace, the governor of Alabama (see May 15, 1972). The list also includes an array of liberal, civil rights and antiwar organizations, including the Black Panthers, the Brookings Institution, Common Cause, the Farmers Union, the National Economic Council, the National Education Association, the National Welfare Rights Organization, the Southern Christian Leadership Convention; a variety of labor organizations; many reporters, columnists, and other news figures; a short list of celebrities including Bill Cosby, Jane Fonda, Dick Gregory, Steve McQueen, Joe Namath, Gregory Peck, Tony Randall, and Barbra Streisand; and a huge list of businessmen and academics. The documents provide suggestions for avenues of attack against individual listees, including using “income tax discrepancies,” allegations of Communist connections, and other information. [Facts on File, 6/2003] In 1999, Schorr will joke that being on Nixon’s enemies list “changed my life a great deal. It increased my lecture fee, got me invited to lots of very nice dinners. It was so wonderful that one of my colleagues that I will not mention, but a very important man at CBS, said, ‘Why you, Schorr? Why couldn’t it have been me on the enemies list?’” [CNN, 3/27/1999] Schorr does not mention that he was the subject of an FBI investigation because of his listing. [Spartacus Schoolnet, 8/2007]

Entity Tags: Paul Newman, National Welfare Rights Organization, Ralph Metcalfe, Parren Mitchell, Robert F Drinan, National Economic Council, Richard M. Nixon, Morton H. Halperin, Louis Stokes, Mary McGrory, John V. Lindsay, Lawrence O’Brien, Maxwell Dane, Leonard Woodcock, Robert Kastenmeier, Lyn Nofziger, Los Angeles Times, Robert N.C. Nix, Sam Ervin, S. Harrison Dogole, United Auto Workers, Walter Mondale, Tony Randall, William Clay, William R. Anderson, Wright Patman, William Proxmire, Ron Dellums, Stewart Rawlings Mott, Southern Christian Leadership Convention, S. Sterling Munro Jr, John Ehrlichman, Steve McQueen, Samuel M Lambert, Shirley Chisholm, Sidney Davidoff, Senate Watergate Investigative Committee, John Dean, National Education Association, John Brademas, CBS News, Charles Colson, Charles Diggs, Charles Dyson, Charles Rangel, Brookings Institution, Council for a Livable World, Common Cause, Black Panthers, Birch Bayh, Bill Cosby, Allard Lowenstein, Alexander E. Barkan, AFL-CIO, Daniel Schorr, Arnold M. Picker, John Conyers, Augustus Hawkins, Bernard T. Feld, Bella Abzug, Dick Gregory, Barbra Streisand, Edmund Muskie, H.R. Haldeman, Harold Hughes, Gregory Peck, Henry (“Scoop”) Jackson, Jane Fonda, J. William Fulbright, Howard Stein, Gordon Strachan, George S. McGovern, Joe Namath, Edward M. (“Ted”) Kennedy, Eugene McCarthy, Fred R Harris, Gaylord Nelson, George C. Wallace, Hubert H. Humphrey, George Collins, Ed Guthman

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

In the aftermath of the Watergate scandal (see August 8, 1974), amendments to the Federal Election Campaign Act (FECA—see February 7, 1972) provide the option for full public financing for presidential general elections, matching funds for presidential primaries, and public expenditures for presidential nominating conventions. The amendments also set spending limits on presidential primaries and general elections as well as for House and Senate primaries. The amendments give some enforcement provisions to previously enacted spending limits on House and Senate general elections. They set strict spending guidelines: for presidential campaigns, each candidate is limited to $10 million for primaries, $20 million for general elections, and $2 million for nominating conventions; Senatorial candidates are limited to $100,000 or eight cents per eligible voter, whichever is higher, for primaries, and higher limits of $150,000 or 12 cents per voter for general elections; House candidates are limited to $70,000 each for primaries and general elections. Loans are treated as contributions. The amendments create an individual contribution limit of $1,000 to a candidate per election and a PAC (political action committee) contribution limit of $5,000 to a candidate per election (this provision will trigger what the Center for Responsive Politics will call a “PAC boom” in the late 1970s). The total aggregate contributions from an individual are set at $25,000 per year. Candidates face further restrictions on how much personal wealth they can contribute to their own campaign. The 1940 ban on contributions from government employees and contract workers (see 1940) is repealed, as are the 1971 limitations on media spending. Perhaps most importantly, the amendments create the Federal Election Commission (FEC) to oversee and administer campaign law. (Before, enforcement and oversight responsibilities were spread among the Clerk of the House, the Secretary of the Senate, and the Comptroller General of the United States General Accounting Office (GAO), with the Justice Department responsible for prosecuting violators (see 1967).) The FEC is led by a board of six commissioners, with Congress appointing four of those commissioners and the president appointing two more. The Secretary of the Senate and the Clerk of the House are designated nonvoting, exofficio commissioners. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file] Part of the impetus behind the law is the public outrage over the revelations of how disgraced ex-President Nixon’s re-election campaign was funded, with millions of dollars in secret, illegal corporate contributions being funneled into the Nixon campaign. [Campaign Finance Timeline, 1999; Connecticut Network, 2006 pdf file]

Entity Tags: Center for Responsive Politics, Federal Election Campaign Act of 1972, Federal Election Commission, US Department of Justice

Timeline Tags: Civil Liberties

Republican political adviser and corporate lobbyist Bryce Harlow recommends former New York governor Nelson Rockefeller over former ambassador and current Republican National Committee chairman George H.W. Bush to serve as vice president (see August 20, 1974). Bush may be a better choice for party harmony, Harlow says, but that choice would be considered indecisive and overly partisan. On the other hand, Rockefeller, a liberal Republican, would be considered a “bold” choice and “would be hailed by the media normally most hostile to Republicans.” Rockefeller’s selection would also “encourage estranged groups to return to the Party and would signal that the new president will not be captive of any political faction.”
Watergate Allegations against Rockefeller - Rockefeller’s naming as vice president, strongly supported by President Ford, is briefly held up by unfounded allegations that Rockefeller hired thugs to disrupt the 1972 Democratic National Convention, and that the papers to prove the allegations were stolen from the offices of convicted Watergate burglar E. Howard Hunt. The charges are leveled by an elderly anti-Communist activist named Hamilton Long. The story leaks to the press, and Ford, taking no chances, orders the FBI to investigate Rockefeller, Bush, and senior staff aide Donald Rumsfeld for possible selection as the vice president. Long’s allegations prove baseless when Watergate investigators locate the safety deposit boxes in which Long says the documents are stored, and find the boxes empty.
Ford Offers VP - After learning that Rockefeller is free of any Watergate taint, Ford privately asks him to accept the vice presidency. Rockefeller will have strong influence on the Ford administration’s domestic and economic policies, Ford promises, and, additionally, Rockefeller will be Ford’s vice presidential choice in the 1976 presidential elections. The last obstacle is the press, which is all but convinced that the White House is involved in another Watergate cover-up, this time with Ford at the helm. A White House source tells reporters that the so-called “Rockefeller Papers” are nothing more than a hoax concocted by “right-wing extremists who decided it would be useful to blacken the name of Governor Rockefeller.” The explanations by press secretary Jerald terHorst, himself a former reporter, and terHorst’s acceptance of the blame for giving confusing and somewhat misleading information about the Rockefeller allegations, somewhat mollifies the press. White House counsel Robert Hartmann recalls the Long incident and its handling as an example of the inexperience of the Ford staff and of Ford himself. “[W]e were all babes in the White House,” he later writes. “We had done the right thing and truthfully told what we had done, but it was unfair to Rockefeller to give presidential credence to Long’s hearsay. And of course, the press castigated us for that the next day.” [Werth, 2006, pp. 93-105]

Entity Tags: Robert Hartmann, Nelson Rockefeller, Hamilton Long, Jerald terHorst, George Herbert Walker Bush, Bryce Harlow, Gerald Rudolph Ford, Jr, E. Howard Hunt, Ford administration, Federal Bureau of Investigation, Donald Rumsfeld

Timeline Tags: Nixon and Watergate

Dick Cheney and Donald Rumsfeld speaking to reporters, 1975.Dick Cheney and Donald Rumsfeld speaking to reporters, 1975. [Source: Gaylinkcontent (.com)]President Ford asks Donald Rumsfeld to replace the outgoing Alexander Haig at the White House (see September 16-Late September, 1974). Rumsfeld has long been Haig’s choice to replace him (see August 14, 1974). Ford does not want to give Rumsfeld the official title of “chief of staff,” and instead wants Rumsfeld as “staff coordinator.” The difference is academic. Ford wants the aggressive, bureaucratically savvy Rumsfeld to help him regain control over a White House that is, in the words of author Barry Werth, “riven with disunity, disorganization, and bad blood.” Rumsfeld agrees, and names former Wyoming Congressman Dick Cheney as his deputy (who makes himself valuable by initially doing the lowest forms of bureaucratic scutwork). Rumsfeld and Cheney will eventually wield almost Nixonian power in Ford’s White House, successfully blocking the “in-house liberal,” Vice President Rockefeller, from exerting any real influence, and hobbling Henry Kissinger’s almost-limitless influence.
Blocking of Rockefeller and Kissinger for Ideological and Political Reasons - Rumsfeld begins his in-house assault in classic fashion: trying to cause tension between Kissinger and White House officials by snitching on Kissinger to any White House official who will listen. Kissinger eventually tells Ford: “Don’t listen to [Rumsfeld], Mr. President. He’s running for president in 1980.” Rumsfeld and Cheney do their best to open the White House to hardline defense hawks and the even more hardline neoconservatives led by Senator Henry “Scoop” Jackson (D-WA) and Jackson’s aide, Richard Perle. (Though Rumsfeld and Cheney are not considered neoconservatives in a strict sense, their aims are almost identical—see June 4-5, 1974). Kissinger’s efforts to win a negotiated peace between Israel and Palestine in the Middle East are held in contempt by Rumsfeld, Cheney, and the neoconservatives; using Ford’s press secretary Ron Nessen as a conduit, Rumsfeld and Cheney leak information about the negotiations to the press, helping to cripple the entire peace process. Rumsfeld and Cheney have larger personal plans as well: they want to secure the White House for Rumsfeld, perhaps as early as 1976, but certainly by 1980. One of their methods of winning support is to undercut Kissinger as much as possible; they believe they can win support among the GOP’s right wing by thwarting Kissinger’s “realpolitik” foreign policy stratagems.
Rumsfeld as 'Wizard of Oz' - According to the chief of Ford’s Economic Policy Board, William Seidman, Rumsfeld’s bureaucratic machinations remind him of the Wizard of Oz: “He thought he was invisible behind the curtain as he worked the levers, but in reality everyone could see what he was doing.” Rumsfeld and Cheney will make their most open grasp for power in orchestrating the “Halloween Massacre” (see November 4, 1975 and After). [Werth, 2006, pp. 336-337; Unger, 2007, pp. 49-52]

Entity Tags: William Seidman, Ron Nessen, Richard Perle, Barry Werth, Gerald Rudolph Ford, Jr, Donald Rumsfeld, Richard (“Dick”) Cheney, Henry (“Scoop”) Jackson, Henry A. Kissinger, Nelson Rockefeller, Alexander M. Haig, Jr.

Timeline Tags: Nixon and Watergate

Nelson Rockefeller is sworn in as vice president (see August 20, 1974). [Rockefeller Family Archives, 6/7/2007]
Bad Blood and Confirmation Difficulties - Rockefeller has trouble even before taking office. Branded as a liberal by many in the Republican Party, and winning as many enemies as friends with his outsized ego and gladhanding demeanor, Rockefeller garnered swift and obdurate resistance particularly from the right wing both outside the White House (see August 24, 1974) and in (see September 21, 1974 and After). During the Senate’s confirmation hearings, many Democrats and some Republicans relished forcing Rockefeller, one of the wealthiest men in the country, to open his finances to public scrutiny. Even President Ford privately expresses his astonishment. “Can you imagine?” he asked during the hearings. “Nelson lost $30 million in one year and it didn’t make any difference.” When it was revealed that Rockefeller had given huge personal contributions to lawmakers and government officials—including Secretary of State Henry Kissinger—in the form of “loans” that never needed repaying, the Senate hearings became even more inquisitorial. The hearings dragged on for months until Ford personally intervened, telling House and Senate leaders that it was “in the national interest that you confirm Rockefeller, and I’m asking you to move as soon as possible.” [US Senate, 7/7/2007]
Cheney Wanted Reagan - Deputy Chief of Staff Dick Cheney, far more conservative than either Ford or Rockefeller, opposes Rockefeller’s influence from the start, and works with his boss, Chief of Staff Donald Rumsfeld, to minimize Rockefeller’s influence. In 1986, Cheney will say that Ford “should have thought of Ronald Reagan as vice president in the summer of 1974, if you are talking strictly in political terms.” [Dubose and Bernstein, 2006, pp. 38]
Domestic Squabbles - Both Ford and Rockefeller want the new vice president to be what Ford calls “a full partner” in his administration, particularly on domestic issues. Ford appoints him to chair the Domestic Council, but behind the scenes, Rockefeller’s implacable enemy, Rumsfeld, who sees Rockefeller as a “New Deal” economic liberal, blocks his influence at every term, both from personal and ideological dislike and from a desire to keep power in the White House to himself and his small, close-knit aides. (Cheney, ever attentive to indirect manipulations, inflames Rumsfeld’s dislike of Rockefeller even further by suggesting to his nakedly ambitious boss that if Rockefeller was too successful in implementing domestic policy, he would be perceived as “the man responsible for drafting the agenda of 1976,” thus limiting Rumsfeld’s chances of being named vice president in Ford’s re-election campaign (see November 4, 1975 and After). When Rockefeller tries to implement Ford’s suggested policy that domestic policymakers report to Ford through Rockefeller, Rumsfeld interferes. When Rockefeller names one of his trusted assistants, James Cannon, to head the Domestic Council, Rumsfeld slashes the Council’s budget almost to zero. When Rockefeller proposes a $100 billion Energy Independence Authority, with the aim to reduce and perhaps even end the nation’s dependency on foreign energy sources, Rumsfeld joins Ford’s economic and environmental advisers to block its creation. When Rockefeller proposes an idea for the president to Rumsfeld, Rumsfeld hands it off to Cheney, who ensures that it dies a quiet, untraceable bureaucratic death.
Rockefeller Neutralized - Cheney later recalls that Rockefeller “came to a point where he was absolutely convinced that Don Rumsfeld and myself were out to scuttle whatever new initiatives he could come up with.” Rumsfeld and other Ford staffers ensure that Rockefeller is not involved in key policy meetings; when Ford proposes large cuts in federal taxes and spending, Rockefeller complains, “This is the most important move the president has made, and I wasn’t even consulted.” Asked what he is allowed to do as vice president, Rockefeller answers: “I go to funerals. I go to earthquakes.” He says, only half sardonically, that redesigning the vice-presidential seal is “the most important thing I’ve done.” [Dubose and Bernstein, 2006, pp. 38-39; US Senate, 7/7/2007]
Following in Rockefeller's Footsteps - Ironically, when Cheney becomes vice president in 2001, he uses what Rockefeller intended to do as a model for his own, extremely powerful vice presidency. James Cannon, who came into the Ford administration with Rockefeller, will marvel in 2006, “Cheney is now doing what he and Rumsfeld blocked Rockefeller from doing—influencing policy.” [Dubose and Bernstein, 2006, pp. 39-40]

Entity Tags: Ronald Reagan, Nelson Rockefeller, Richard (“Dick”) Cheney, Ford administration, Donald Rumsfeld, Gerald Rudolph Ford, Jr, Henry A. Kissinger, James Cannon

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

Vice President Nelson Rockefeller (see December 19, 1974 and After) is instrumental in keeping Senate Democrats from finding out too much about the intelligence community’s excesses. When the New York Times reveals the existence of a decades-old illegal domestic surveillance program run by the CIA (see December 21, 1974), President Ford heads off calls from Democrats to investigate the program by appointing the “Rockefeller Commission” to investigate in the Democrats’ stead. Senate Democrats, unimpressed with the idea, create the Church Committee to investigate the intelligence community (see April, 1976). Rockefeller is adept at keeping critical documents out of the hands of the Church Committee and the press. When Senator Frank Church asks for materials from the White House, he is told that the Rockefeller Commission has them; when he asks Rockefeller for the papers, he is told that he cannot have them because only the president can authorize access. One Church aide later calls Rockefeller “absolutely brilliant” in denying them access in a friendly manner. “He winked and smiled and said, ‘Gee, I want to help you but, of course I can’t—not until we’ve finished our work and the president approves it,’” the aide recalls. Senator John Tower (R-TX), the vice chairman of the committee, will later reflect, “We were very skillfully finessed.” But even Rockefeller, who has his own history of involvement with the CIA, is taken aback at the excesses of the CIA, particularly its history of assassinating foreign leaders. Rockefeller will eventually turn that information over to the Church Committee, giving that body some of the most explosive evidence as yet made public against the agency. [US Senate, 7/7/2007]

Entity Tags: John Tower, Church Committee, Nelson Rockefeller, Central Intelligence Agency, Frank Church, Gerald Rudolph Ford, Jr, ’Rockefeller Commission’

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

President Ford fires a number of Nixon holdovers and replaces them with “my guys… my own team,” both to show his independence and to prepare for a bruising 1976 primary battle with Ronald Reagan. The wholesale firings and reshufflings are dubbed the “Halloween Massacre.” Donald Rumsfeld becomes secretary of defense, replacing James Schlesinger (see November 4, 1975). George H. W. Bush replaces William Colby as director of the CIA. Henry Kissinger remains secretary of state, but his position as national security adviser is given to Brent Scowcroft. Dick Cheney, Rumsfeld’s deputy chief of staff, moves up to become the youngest chief of staff in White House history. Perhaps the most controversial decision is to replace Nelson Rockefeller as Ford’s vice-presidential candidate for the 1976 elections. Ford’s shake-up is widely viewed as his cave-in to Republican Party hardliners. He flounders in his defense of his new staffers: for example, when Senator Barry Goldwater (R-AZ) asks him why he thinks Rumsfeld is qualified to run the Pentagon, Ford replies, “He was a pilot in the Korean War.” The ultimate winner in the shake-up is Rumsfeld, who instigated the moves from behind the scenes and gains the most from them. Rumsfeld quickly wins a reputation in Washington as a political opportunist, gunning for the vice presidency in 1976 and willing to do whatever is necessary to get it. Rockefeller tells Ford: “Rumsfeld wants to be president of the United States. He has given George Bush the deep six by putting him in the CIA, he has gotten me out.… He was third on your [vice-presidential] list (see August 16-17, 1974) and now he has gotten rid of two of us.… You are not going to be able to put him on the [ticket] because he is defense secretary, but he is not going to want anybody who can possibly be elected with you on that ticket.… I have to say I have a serious question about his loyalty to you.” Later, Ford will write of his sharp regret in pushing Rockefeller off the ticket: “I was angry at myself for showing cowardice in not saying to the ultraconservatives: It’s going to be Ford and Rockefeller, whatever the consequences.” [Werth, 2006, pp. 340-341] “It was the biggest political mistake of my life,” Ford later says. “And it was one of the few cowardly things I did in my life.” [US Senate, 7/7/2007]

Entity Tags: Ronald Reagan, William Colby, Richard (“Dick”) Cheney, James R. Schlesinger, Barry Goldwater, Donald Rumsfeld, Brent Scowcroft, George Herbert Walker Bush, Gerald Rudolph Ford, Jr, Henry A. Kissinger, Nelson Rockefeller

Timeline Tags: Nixon and Watergate

The Senate Select Committee to Study Governmental Operations releases its report, “Alleged Assassination Plots Involving Foreign Leaders,” which finds “concrete evidence of at least eight plots involving the CIA to assassinate Fidel Castro from 1960 to 1965.” [US Congress, 12/18/1975]

Entity Tags: Fidel Castro, US Congress

Timeline Tags: US-Cuba (1959-2005)

Richard Pipes.Richard Pipes. [Source: Mariusz Kubik]After George H. W. Bush becomes the head of the CIA (see November 4, 1975 and After), he decides to break with previous decisions and allow a coterie of neoconservative outsiders to pursue the allegations of Albert Wohlstetter that the CIA is seriously underestimating the threat the USSR poses to the US (see 1965), allegations pushed by hardliners on the President’s Foreign Intelligence Advisory Board.
Internal Opposition - Bush’s predecessor, William Colby, had steadfastly refused to countenance such a project, saying, “It is hard for me to envisage how an ad hoc ‘independent’ group of government and non-government analysts could prepare a more thorough, comprehensive assessment of Soviet strategic capabilities—even in two specific areas—than the intelligence community can prepare.” (Bush approves the experiment by notating on the authorization memo, “Let ‘er fly!”) The national intelligence officer in charge of the National Intelligence Estimate on the USSR, Howard Stoertz, will later recall: “Most of us were opposed to it because we saw it as an ideological, political foray, not an intelligence exercise. We knew the people who were pleading for it.” But Bush, on the advice of deputy national security adviser William Hyland, agrees to the exercise. Hyland says the CIA had been getting “too much flak for being too peacenik and detentish…. I encouraged [Bush] to undertake the experiment, largely because I thought a new director ought to be receptive to new views.” The neocon team of “analysts” becomes known as “Team B,” with “Team A” being the CIA’s own analytical team. It is unprecedented to allow outsiders to have so much access to highly classified CIA intelligence as Bush is granting the Team B neocons, so the entire project is conducted in secret. CIA analyst Melvin Goodman later says that President Ford’s chief of staff, Dick Cheney, is one of the driving forces behind Team B. The outside analysts “wanted to toughen up the agency’s estimates,” Goodman will say, but “Cheney wanted to drive [the CIA] so far to the right it would never say no to the generals.” [Dubose and Bernstein, 2006, pp. 208; Unger, 2007, pp. 53-55]
Political Pressure - Ford’s political fortunes help push forward the Team B experiment. Ford has been a strong proponent of detente with the Soviet Union, but his poll numbers are sagging and he is facing a strong presidential primary challenger in Governor Ronald Reagan (R-CA), an avowed hardliner. Reagan is making hay challenging Ford’s foreign policy, claiming that the so-called “Ford-Kissinger” policies have allowed the Soviet Union to leap ahead of the US both militarily and geopolitically. In response, Ford has lurched to the right, banning the word “detente” from speeches and statements by White House officials, and has been responsive to calls for action from the newly reforming Committee on the Present Danger (CPD—see 1976). In combination, these political concerns give Bush the justification he wants to push forward with the Team B experiment.
Three B Teams - According to Carter administration arms control official Anne Cahn, there are actually three “B” teams. One studies Soviet low-altitude air defense capabilities, one examines Soviet intercontinental ballistic missile (ICBM) accuracy, and the third, chaired by Harvard Sovietologist Richard Pipes, examines Soviet strategic policy and objectives. It is Pipes’s team that becomes publicly known as “Team B.” [Bulletin of Atomic Scientists, 4/1993]
Assembling the Team - Pipes fits in well with his small group of ideological hardliners. He believes that the USSR is determined to fight and win a nuclear war with the US, and he is bent on putting together an analysis that proves his contention. He asks Cold War icon Paul Nitze, the former Secretary of the Navy, to join the team. Richard Perle, a core member, has Pipes bring in Paul Wolfowitz, one of Wohlstetter’s most devout disciples. Wolfowitz immediately begins arguing for the need to deploy tactical nuclear weapons in Europe. The “incestuous closeness” of the members, as Cahn later calls it, ensures that the entire group is focused on the same goals as Wohlstetter and Pipes, with no dissension or counterarguments. Other key members include William von Cleave and Daniel Graham. The entire experiment, Cahn will write, “was concocted by conservative cold warriors determined to bury d├ętente and the SALT process. Panel members were all hard-liners,” and many are members of the newly reconstituted “Committee on the Present Danger” (see 1976). The experiment is “leaked to the press in an unsuccessful attempt at an ‘October surprise’ [an attempt to damage the presidential hopes of Democrat Jimmy Carter—see Late November, 1976]. But most important, the Team B reports became the intellectual foundation of ‘the window of vulnerability’ and of the massive arms buildup that began toward the end of the Carter administration and accelerated under President Reagan.” Team B will formally debate its CIA adversaries, “Team A,” towards the end of the year (see November 1976). [Bulletin of Atomic Scientists, 4/1993; Quarterly Journal of Speech, 5/2006 pdf file; Unger, 2007, pp. 53-55]
'Designed to be Prejudiced' - In 2008, author J. Peter Scoblic will note, “Team B was designed to be prejudiced.” Pipes, the Soviet experts, holds a corrosive hatred of the Soviet Union, in part stemming from his personal experiences as a young Jew in Nazi-occupied Warsaw, and his belief that the Soviet system is little different from the Nazis. When asked why his team is stacked with hardline opponents of arms negotiations and diplomacy of any kind with the USSR, Pipes replies, “There is no point in another, what you might call, optimistic view.” Scoblic will write, “Team B, in short, begged the question. Its members saw the Soviet threat not as an empirical problem but as a matter of faith.” He will add, “For three months, the members of Team B pored over the CIA’s raw intelligence data—and used them to reaffirm their beliefs.” [Scoblic, 2008, pp. 93-94]

Entity Tags: Richard Perle, Richard Pipes, William Hyland, Paul Nitze, William Colby, J. Peter Scoblic, Paul Wolfowitz, George Herbert Walker Bush, ’Team A’, ’Team B’, Anne Cahn, Albert Wohlstetter, Issuetsdeah, Central Intelligence Agency, Howard Stoertz

Timeline Tags: US International Relations, Neoconservative Influence

Representative Otis Pike.Representative Otis Pike. [Source: Spartacus Educational]A House of Representatives committee, popularly known as the Pike Committee after its chairman, Otis Pike (D-NY), investigates questionable US intelligence activities. The committee operates in tandem with the Senate’s investigation of US intelligence activities, the Church Committee (see April, 1976). Pike, a decorated World War II veteran, runs a more aggressive—some say partisan—investigation than the more deliberate and politically balanced Church Committee, and receives even less cooperation from the White House than does the Church investigation. After a contentious year-long investigation marred by inflammatory accusations and charges from both sides, Pike refuses demands from the CIA to redact huge portions of the report, resulting in an accusation from CIA legal counsel Mitchell Rogovin that the report is an “unrelenting indictment couched in biased, pejorative and factually erroneous terms.” Rogovin also tells the committee’s staff director, Searle Field, “Pike will pay for this, you wait and see…. There will be a political retaliation…. We will destroy him for this.” (It is hard to know exactly what retaliation will be carried out against Pike, who will resign from Congress in 1978.)
Battle to Release Report - On January 23, 1976, the investigative committee voted along party lines to release the report unredacted, sparking a tremendous outcry among Republicans, who are joined by the White House and CIA Director William Colby in an effort to suppress the report altogether. On January 26, the committee’s ranking Republican, Robert McCory, makes a speech saying that the report, if released, would endanger national security. On January 29, the House votes 246 to 124 not to release the report until it “has been certified by the President as not containing information which would adversely affect the intelligence activities of the CIA.” A furious Pike retorts, “The House just voted not to release a document it had not read. Our committee voted to release a document it had read.” Pike threatens not to release the report at all because “a report on the CIA in which the CIA would do the final rewrite would be a lie.” The report will never be released, though large sections of it will be leaked within days to reporter Daniel Schorr of the Village Voice, and printed in that newspaper. Schorr himself will be suspended from his position with CBS News and investigated by the House Ethics Committee (Schorr will refuse to disclose his source, and the committee will eventually decide, on a 6-5 vote, not to bring contempt of Congress charges against him). [Spartacus Educational, 2/16/2006] The New York Times will follow suit and print large portions of the report as well. The committee was led by liberal Democrats such as Pike and Ron Dellums (D-CA), who said even before the committee first met, “I think this committee ought to come down hard and clear on the side of stopping any intelligence agency in this country from utilizing, corrupting, and prostituting the media, the church, and our educational system.” The entire investigation is marred by a lack of cooperation from the White House and the CIA. [Gerald K. Haines, 1/20/2003]
Final Draft Accuses White House, CIA of 'Stonewalling,' Deception - The final draft of the report says that the cooperation from both entities was “virtually nonexistent,” and accuses both of practicing “foot dragging, stonewalling, and deception” in their responses to committee requests for information. CIA archivist and historian Gerald Haines will later write that the committee was thoroughly deceived by Secretary of State Henry Kissinger, who officially cooperated with the committee but, according to Haines, actually “worked hard to undermine its investigations and to stonewall the release of documents to it.” [Spartacus Educational, 2/16/2006] The final report accuses White House officials of only releasing the information it wanted to provide and ignoring other requests entirely. One committee member says that trying to get information out of Colby and other CIA officials was like “pulling teeth.” For his part, Colby considers Pike a “jackass” and calls his staff “a ragtag, immature, and publicity-seeking group.” The committee is particularly unsuccessful in obtaining information about the CIA’s budget and expenditures, and in its final report, observes that oversight of the CIA budget is virtually nonexistent. Its report is harsh in its judgments of the CIA’s effectiveness in a number of foreign conflicts, including the 1973 Mideast war, the 1968 Tet offensive in Vietnam, the 1974 coups in Cyprus and Portugal, the 1974 testing of a nuclear device by India, and the 1968 invasion of Czechoslovakia by the Soviet Union, all of which the CIA either got wrong or failed to predict. The CIA absolutely refused to provide any real information to either committee about its involvement in, among other foreign escapades, its attempt to influence the 1972 elections in Italy, covert actions in Angola, and covert aid to Iraqi Kurds from 1972 through 1975. The committee found that covert actions “were irregularly approved, sloppily implemented, and, at times, had been forced on a reluctant CIA by the President and his national security advisers.” Indeed, the Pike Committee’s final report lays more blame on the White House than the CIA for its illegal actions, with Pike noting that “the CIA does not go galloping off conducting operations by itself…. The major things which are done are not done unilaterally by the CIA without approval from higher up the line.… We did find evidence, upon evidence, upon evidence where the CIA said: ‘No, don’t do it.’ The State Department or the White House said, ‘We’re going to do it.’ The CIA was much more professional and had a far deeper reading on the down-the-road implications of some immediately popular act than the executive branch or administration officials.… The CIA never did anything the White House didn’t want. Sometimes they didn’t want to do what they did.” [Gerald K. Haines, 1/20/2003]

Entity Tags: William Colby, Village Voice, Otis G. Pike, Robert McCory, Pike Committee, US Department of State, New York Times, Mitchell Rogovin, Ron Dellums, House Ethics Committee, Gerald Haines, Church Committee, Searle Field, Daniel Schorr, Henry A. Kissinger, Central Intelligence Agency, CBS News

Timeline Tags: Civil Liberties

The Supreme Court case Buckley v. Valeo, filed by Senator James L. Buckley (R-NY) and former Senator Eugene McCarthy (D-WI) against the Secretary of the Senate, Francis R. Valeo, challenges the constitutionality of the Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) on free-speech grounds. The suit also named the Federal Election Commission (FEC) as a defendant. A federal appeals court validated almost all of FECA, and the plaintiffs sent the case to the Supreme Court. The Court upholds the contribution limits set by FECA because those limits help to safeguard the integrity of elections. However, the court overrules the limits set on campaign expenditures, ruling: “It is clear that a primary effect of these expenditure limitations is to restrict the quantity of campaign speech by individuals, groups, and candidates. The restrictions… limit political expression at the core of our electoral process and of First Amendment freedoms.” One of the most important aspects of the Supreme Court’s ruling is that financial contributions to political campaigns can be considered expressions of free speech, thereby allowing individuals to essentially make unrestricted donations. The Court implies that expenditure limits on publicly funded candidates are allowable under the Constitution, because presidential candidates may disregard the limits by rejecting public financing (the Court will affirm this stance in a challenge brought by the Republican National Committee in 1980).
Provisions of 'Buckley' - The Court finds the following provisions constitutional:
bullet Limitations on contributions to candidates for federal office;
bullet Disclosure and record-keeping provisions; and
bullet The public financing of presidential elections.
However, the Court finds these provisions unconstitutional:
bullet Limitations on expenditures by candidates and their committees, except for presidential candidates who accept public funding;
bullet The $1,000 limitation on independent expenditures;
bullet The limitations on expenditures by candidates from their personal funds; and
bullet The method of appointing members of the FEC, holding that as the method stands, it violates the principle of separation of powers.
In May 1976, following the Court’s ruling, the FEC will reconstitute its board with six presidential appointees after Senate confirmation. [Federal Elections Commission, 3/1997; Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Casebriefs, 2012]
No Clear Authors - The opinion is labeled per curiam, a term usually reserved for brief and minor Court decisions when authorship of an opinion is less relevant. It is unclear exactly which Justices write the opinion. Most Court observers believe Justice William Brennan writes the bulk of the opinion, but Brennan’s biographers will later note that sections of the opinion are authored by Chief Justice Warren Burger and Justices Potter Stewart, Lewis Powell, and William Rehnquist. The opinion is an amalgamation of multiple authors, reflecting the several compromises made in the resolution of the decision. [New Yorker, 5/21/2012]
Criticism of 'Buckley' - Critics claim that the ruling enshrines the principle of “money equals speech.” The ruling also says that television and radio advertisements that do not expressly attack an individual candidate can be paid for with “unregulated” funds. This leads organizations to begin airing “attack ads” that masquerade as “issue ads,” ostensibly promoting or opposing a particular social or political issue and avoiding such words as “elect” or “defeat.” [National Public Radio, 2012] In 1999, law professor Burt Neuborne will write: “Buckley is like a rotten tree. Give it a good, hard push and, like a rotten tree, Buckley will keel over. The only question is in which direction.” Neuborne will write that his preference goes towards reasonable federal regulations of spending and contributions, but “any change would be welcome” in lieu of this decision, and even a completely deregulated system would be preferable to Buckley’s legal and intellectual incoherence. [New York Times, 5/3/2010] In 2011, law professor Richard Hasen will note that while the Buckley decision codifies the idea that contributions are a form of free speech, it also sets strict limitations on those contributions. Calling the decision “Solomonic,” Hasen will write that the Court “split the baby, upholding the contribution limits but striking down the independent spending limit as a violation of the First Amendment protections of free speech and association.” Hasen will reflect: “Buckley set the main parameters for judging the constitutionality of campaign finance restrictions for a generation. Contribution limits imposed only a marginal restriction on speech, because the most important thing about a contribution is the symbolic act of contributing, not the amount. Further, contribution limits could advance the government’s interest in preventing corruption or the appearance of corruption. The Court upheld Congress’ new contribution limits. It was a different story with spending limits, which the Court said were a direct restriction on speech going to the core of the First Amendment. Finding no evidence in the record then that independent spending could corrupt candidates, the Court applied a tough ‘strict scrutiny’ standard of review and struck down the limits.” [Slate, 10/25/2011] In 2012, reporter and author Jeffrey Toobin will call it “one of the Supreme Court’s most complicated, contradictory, incomprehensible (and longest) opinions.” [New Yorker, 5/21/2012]

Entity Tags: Federal Election Campaign Act of 1972, Federal Election Commission, James Buckley, Jeffrey Toobin, US Supreme Court, Eugene McCarthy, Lewis Powell, Potter Stewart, Burt Neuborne, William Rehnquist, Warren Burger, Richard L. Hasen, William Brennan

Timeline Tags: Civil Liberties

President Ford issues Executive Order 11905, which limits the power of the CIA, the NSA, and military intelligence to engage in surveillance of US citizens. Perhaps its most well-known provision is a total ban on “political assassinations” by US government personnel. [Gerald R. Ford, 2/18/1976; Roberts, 2008, pp. 38] The provision is sparked by the Church Commission’s finding (see April, 1976) that assassination is “unacceptable in our society,” and a political embarassment, especially botched attempts such as the CIA’s efforts to kill Cuba’s Fidel Castro. [Grant J. Lilly, 4/6/2006]

Entity Tags: Church Commission, Gerald Rudolph Ford, Jr, National Security Agency, Central Intelligence Agency

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) passed by Congress after the controversial Buckley ruling by the Supreme Court (see January 30, 1976) bring FECA into conformity with the Court’s decision. The amendments repeal expenditure limits except for presidential candidates who accept public funding, and revise the provisions governing the appointment of commissioners to the Federal Election Commission (FEC). The amendments also limit the scope of PAC fundraising by corporations and labor unions. The amendments limit individual contributions to national political parties to $20,000 per year, and individual contributions to a PAC to $5,000 per year. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] However, the Constitution restricts what Congress can, or is willing, to do, and the amendments are relatively insignificant. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972, US Supreme Court

Timeline Tags: Civil Liberties

Jimmy Carter celebrates his presidential victory.Jimmy Carter celebrates his presidential victory. [Source: PBS]Gerald Ford loses the presidency to Democratic challenger Jimmy Carter, an obscure Georgia governor who contrasts himself to the Nixon and Ford administrations by promising “never to tell a lie to the American people.” The Republican Party’s widening rift between its moderate and conservative wings dooms Ford’s chances at being elected to the office he has held by appointment for over two years (see August 9, 1974). [Werth, 2006, pp. 342] Ford’s de facto campaign chairman, Chief of Staff Dick Cheney, contributes heavily to Ford’s loss. Unready for the stresses and demands of a presidential campaign, Cheney nevertheless wrested control from Ford’s ostensible chairman, Bo Calloway, and promptly alienated campaign workers and staffers. Press secretary Ron Nessen will later write, “Some reporters privately started calling him the Grand Teuton, a complex pun referring to his mountainous home state of Wyoming and the Germanic style of his predecessor in the Nixon administration, H. R. Haldeman.” Cheney tried throughout the campaign to move Ford farther to the right than the president was willing to go; even with his attempts, Ford’s primary challenge from Governor Ronald Reagan (R-CA) did much to peel away the right-wing Republican base, while Cheney did little to reassure the liberal and moderate Republicans whom many feel are Ford’s natural base. Cheney succeeded in persuading Ford to adopt a convention platform much farther to the right than Ford, and his supporters, wanted; in particular, the Reaganesque “Morality in Foreign Policy Plank,” which stated, “we shall go forward as a united people to forge a lasting peace in the world based upon our deep belief in the rights of man, the rule of law, and guidance by the hand of God,” alienated many more secular Republicans, who were not comfortable with the aggressive Christianity and implied imperialism contained in the statement. (Ultimately, it took the intervention of James Baker, a veteran Republican “fixer” and close friend of the Bush family, to head off disaster at the nominating convention.) Ford aide James Cannon will say that Cheney “was in over his head.” Had Cheney’s former boss Donald Rumsfeld stayed as chief of staff instead of moving to the Pentagon (see November 4, 1975 and After), Cannon believes Ford would have won a second term. [Dubose and Bernstein, 2006, pp. 40]

Entity Tags: Ron Nessen, Richard (“Dick”) Cheney, Ronald Reagan, James Earl “Jimmy” Carter, Jr., James Cannon, James Baker, Bo Calloway, Gerald Rudolph Ford, Jr, H.R. Haldeman, Donald Rumsfeld

Timeline Tags: Nixon and Watergate

Donald Rumsfeld.Donald Rumsfeld. [Source: US Defense Department]Defense Secretary Donald Rumsfeld wholeheartedly embraces the “Team B” intelligence analysis of the Soviet nuclear and military threat (see Early 1976), regardless of the fact that the team’s reports are riddled with errors (see November 1976 and November 1976). “No doubt exists about the capabilities of the Soviet armed forces,” he proclaims after reading the team’s final report. “The Soviet Union has been busy. They’ve been busy in terms of their level of effort; they’ve been busy in terms of the actual weapons they’re producing; they’ve been busy in terms of expanding production rates; they’ve been busy in terms of expanding their industrial capacity to produce additional weapons at additional rates.” [Unger, 2007, pp. 57]

Entity Tags: Donald Rumsfeld, ’Team B’

Timeline Tags: US International Relations, Neoconservative Influence

Cato Institute logo.Cato Institute logo. [Source: Cato Institute]The billionaire Koch brothers, Charles and David, launch the libertarian Cato Institute, one of the first of many think tanks and advocacy organizations they will fund (see August 30, 2010). While records of the Koch funding of the institute are not fully available, the Center for Public Integrity learns that between 1986 and 1993 the Koch family gives $11 million to the institute. By 2010, Cato has over 100 full-time employees, and often succeeds in getting its experts and policy papers quoted by mainstream media figures. While the institute describes itself as nonpartisan, and is at times critical of both Republicans and Democrats, it consistently advocates for corporate tax cuts, reductions in social services, and laissez-faire environmental policies. One of its most successful advocacy projects is to oppose government initiatives to curb global warming. When asked why Cato opposes such federal and state initiatives, founder and president Ed Crane explains that “global warming theories give the government more control of the economy.” [New Yorker, 8/30/2010]

Entity Tags: Center for Public Integrity, Cato Institute, Ed Crane, Charles Koch, David Koch

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

The Supreme Court, in the case of First National Bank of Boston v. Bellotti, rules 5-4 that corporations have the First Amendment right to make contributions in order to influence political processes. Writing for the majority, Justice Lewis Powell finds that under the recent Buckley ruling (see January 30, 1976), corporate political donations are protected speech. Powell’s opinion finds that a Massachusetts criminal statute prohibiting corporations from spending money for the purpose of “influencing or affecting” voters’ opinions is not legitimate. The split among the justices is unusual, with Powell, a conservative, being joined by two more conservatives, Chief Justice Warren Burger and Potter Stewart, and liberals Harry Blackmun and John Paul Stevens. The four dissenters are liberals William Brennan and Thurgood Marshall, and conservatives Byron White and William Rehnquist. [FIRST NATIONAL BANK OF BOSTON v. BELLOTTI, 2012; Moneyocracy, 2/2012] Rehnquist’s standalone dissent advocates for far stricter controls on corporate spending in elections than most of the other justices’ dissents, with Rehnquist writing that such spending could “pose special dangers in the political sphere.” [Reclaim Democracy, 4/26/1978; FIRST NATIONAL BANK OF BOSTON v. BELLOTTI, 2012]

Entity Tags: Lewis Powell, Byron White, John Paul Stevens, William Rehnquist, Warren Burger, Harry Blackmun, William Brennan, US Supreme Court, Potter Stewart, Thurgood Marshall

Timeline Tags: Civil Liberties

Oil billionaire David Koch runs for vice president on the Libertarian Party ticket. David and his brother Charles are the primary backers of hard-right libertarian politics in the US (see August 30, 2010); Charles, the dominant brother, is determined to tear government “out at the root,” as he will later be characterized by libertarian Brian Doherty. The brothers have thrown their support behind Libertarian presidential candidate Ed Clark, who is running against Republican Ronald Reagan from the right of the political spectrum. The brothers are frustrated by the legal limits on campaign financing, and they persuade the party to place David on the ticket as vice president, thereby enabling him to spend as much of his personal fortune as he likes. The Libertarian’s presidential campaign slogan is, “The Libertarian Party has only one source of funds: You.” In reality, the Koch brothers’ expenditures of over $2 million is the campaign’s primary source of funding. Clark tells a reporter that the Libertarians are preparing to stage “a very big tea party” because people are “sick to death” of taxes. The Libertarian Party platform calls for the abolition of the FBI and the CIA, as well as of federal regulatory agencies, such as the Securities and Exchange Commission and the Department of Energy. The platform proposes the abolition of Social Security, minimum-wage laws, gun control, and all personal and corporate income taxes; in return, it proposes the legalization of prostitution, recreational drugs, and suicide. Government should be reduced to only one function, the party proclaims: the protection of individual rights. Conservative eminence William F. Buckley Jr. calls the movement “Anarcho-Totalitarianism.” The Clark-Koch ticket receives only one percent of the vote in the November 1980 elections, forcing the Koch brothers to realize that their brand of politics isn’t popular. In response, Charles Koch becomes openly scornful of conventional politics. “It tends to be a nasty, corrupting business,” he says. “I’m interested in advancing libertarian ideas.” Doherty will later write that both Kochs come to view elected politicians as merely “actors playing out a script.” Doherty will quote a longtime confidant of the Kochs as saying that after the 1980 elections, the brothers decide they will “supply the themes and words for the scripts.” In order to alter the direction of America, they had to “influence the areas where policy ideas percolate from: academia and think tanks.” [New Yorker, 8/30/2010]

Entity Tags: Libertarian Party, Brian Doherty, Charles Koch, Ronald Reagan, David Koch, William F. Buckley, Ed Clark

Timeline Tags: Domestic Propaganda

The Federal Emergency Management Agency (FEMA), known best as a relief agency for victims of natural disasters, is secretly dedicated to the highly classified Continuity of Government (COG) program, which is meant to ensure the survival of the federal government in times of national emergency. Upon its establishment, FEMA absorbs the Defense Civil Preparedness Agency (DCPA) and the Federal Preparedness Agency (FPA), which were previously responsible for the top-secret plans (see April 1, 1979). During the 1980s and into the early 1990s, FEMA’s budget and workforce are overwhelming geared towards the COG program (see 1982-1991 and February 1993). FEMA remains in charge of overseeing the government’s continuity plans up to present day. According to FEMA’s website, the agency’s Office of National Continuity Programs (NCP) is currently the “Lead Agent for the Federal Executive Branch on matters concerning continuity of national operations under the gravest of conditions.” [fema.gov, 6/4/2009]

Entity Tags: Office of National Continuity Programs, Federal Emergency Management Agency, Defense Civil Preparedness Agency, Federal Preparedness Agency

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: People’s Mujahedin of Iran

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

The National Program Office (NPO), which is responsible for the highly classified Continuity of Government program, establishes a secret line of presidential succession for certain “narrowly defined” emergency situations. According to the traditional legal line of succession, should the president of the United States be killed or incapacitated, he is to be replaced by the vice president, followed by the Speaker of the House of Representatives, then by the President Pro Tempore of the Senate, then each cabinet member from the Secretary of State down. The alternative succession plan developed by the NPO, known officially as the Presidential Successor Support System, or “PS cubed,” would suspend these traditional rules and allow a small group of officials to appoint a new government. A source with knowledge of the plan says it would “suspend that natural succession and these individuals would have the right to appoint, virtually appoint, a new government.” The program, according to author James Mann, calls for “setting aside the legal rules of presidential succession in some circumstances, in favor of a secret procedure for putting in place a new ‘president’ and his staff.” The idea is to “concentrate on speed, to preserve ‘continuity of government,’ and to avoid cumbersome procedures; the speaker of the House, the president pro tempore of the Senate, and the rest of Congress would play a greatly diminished role.” The alternative succession plan allows the presidency, the vice presidency, and each cabinet position to be filled by individuals from both inside and outside the active government. In 1991, CNN will list the names of several people that may assume power should the plan be put into action, including Dick Cheney, Howard Baker, Richard Helms, Jeane Kirkpatrick, James Schlesinger, Edwin Meese, Dick Thornburgh, and Tip O’Neill. Some participants say the alternative succession plan is absolutely necessary to ensure the survival of the federal government, but others argue the secrecy of the program undermines its credibility. “If no one knows in advance what the line of succession is meant to be,” says a constitutional scholar from Duke University, “then almost by hypothesis no one will have any reason to believe that those who claim to be exercising that authority in fact possess it.” [CNN Special Assignment, 11/17/1991; Atlantic Monthly, 3/2004]

Entity Tags: Jeane Kirkpatrick, Edwin Meese, James R. Schlesinger, Thomas Phillip ‘Tip’ O’Neill, Jr, Richard (“Dick”) Cheney, Richard Helms, National Program Office, Richard Thornburgh, Howard Baker

Timeline Tags: Civil Liberties

The federal government passes even more amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976). The new amendments simplify campaign finance reporting requirements, encourage political party activity at the state and local levels, and increase the public funding grants for presidential nominating conventions. The new amendments prohibit the Federal Election Commission (FEC) from conducting random campaign audits. They also allow state and local parties to spend unlimited amounts on federal campaign efforts, including the production and distribution of campaign materials such as signs and bumper stickers used in “get out the vote” (GOTV) efforts. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] The amendment creates what later becomes known as “soft money,” or donations and contributions that are essentially unregulated as long as they ostensibly go for “party building” expenses. The amendments allow corporations, labor unions, and wealthy individuals to contribute vast sums to political parties and influence elections. By 1988, both the Republican and Democratic Parties will spend inordinate and controversial amounts of “soft money” in election efforts. [National Public Radio, 2012] While the amendments were envisioned as strengthening campaign finance law, many feel that in hindsight, the amendments actually weaken FECA and campaign finance regulation. Specifically, the amendments reverse much of the 1974 amendments, and allow money once prohibited from being spent on campaigns to flow again. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972

Timeline Tags: Civil Liberties

Incoming presidential chief of staff James Baker asks a former chief of staff, Dick Cheney (see November 4, 1975 and After), for advice on handling the job. Baker takes four pages of handwritten notes covering his conversation with Cheney. Most of the notes cover mundane topics such as personnel and managing the president’s schedule. But Cheney offers at least one piece of policy advice. According to Baker’s notes: “Pres. seriously weakened in recent yrs. Restore power & auth [authority] to Exec Branch—Need strong ldr’ship. Get rid of War Powers Act—restore independent rights.” Baker notes Cheney’s emphasis of this last idea by marking it with two double lines and six asterisks, and a note in the margin, “Central theme we ought to push.” [Savage, 2007, pp. 43]

Entity Tags: Richard (“Dick”) Cheney, James A. Baker

Timeline Tags: Civil Liberties

Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975.Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975. [Source: David Hume Kennerly / Gerald R. Ford Library] (click image to enlarge)Throughout the 1980s, Dick Cheney and Donald Rumsfeld are key players in one of the most highly classified programs of the Reagan administration. Presently, Cheney is working as a Republican congressman, while Rumsfeld is head of the pharmaceutical company G. D. Searle. At least once per year, they both leave their day jobs for periods of three or four days. They head to Andrews Air Force Base, near Washington, DC, and along with 40 to 60 federal officials and one member of the Reagan Cabinet are taken to a remote location within the US, such as an underground bunker. While they are gone, none of their work colleagues, or even their wives, knows where they are. They are participating in detailed planning exercises for keeping government running during and after a nuclear war with the Soviet Union.
Unconstitutional 'Continuity of Government' - This highly secret “Continuity of Government” (COG) program is known as Project 908. The idea is that if the US were under a nuclear attack, three teams would be sent from Washington to separate locations around the US to prepare to take leadership of the country. If somehow one team was located and hit with a nuclear weapon, the second or third team could take its place. Each of the three teams includes representatives from the State Department, Defense Department, CIA, and various domestic-policy agencies. The program is run by a new government agency called the National Program Office. Based in the Washington area, it has a budget of hundreds of million dollars a year, which grows to $1 billion per year by the end of Reagan’s first term in office. Within the National Security Council, the “action officer” involved in the COG program is Oliver North, who is a key figure in the mid-1980s Iran-Contra scandal. Reagan’s Vice President, George H. W. Bush, also supervises some of the program’s efforts. As well as Cheney and Rumsfeld, other known figures involved in the COG exercises include Kenneth Duberstein, who serves for a time as President Reagan’s chief of staff, and future CIA Director James Woolsey. Another regular participant is Richard Clarke, who on 9/11 will be the White House chief of counterterrorism (see (1984-2004)). The program, though, is extraconstitutional, as it establishes a process for designating a new US president that is nowhere authorized in the US Constitution or federal law. After George H. W. Bush is elected president in 1988 and the effective end of the Soviet Union in 1989, the exercises continue. They will go on after Bill Clinton is elected president, but will then be based around the threat posed by terrorists, rather than the Soviet Union (see 1992-2000). According to journalist James Mann, the participation of Rumsfeld and Cheney in these exercises demonstrates a broader truth about them: “Over three decades, from the Ford administration onward, even when they were out of the executive branch of government, they were never too far away; they stayed in touch with its defense, military, and intelligence officials and were regularly called upon by those officials. Cheney and Rumsfeld were, in a sense, a part of the permanent, though hidden, national security apparatus of the United States.” [Mann, 2004, pp. 138-145; Atlantic Monthly, 3/2004; Washington Post, 4/7/2004; Cockburn, 2007, pp. 85]
No Role for Congress - According to one participant, “One of the awkward questions we faced was whether to reconstitute Congress after a nuclear attack. It was decided that no, it would be easier to operate without them.” Thus the decision is made to abandon the Constitutional framework of the nation’s government if this plan is ever activated. [Dubose and Bernstein, 2006, pp. 198]
Reactivated after 9/11 - The plan they rehearse for in the COG exercises will be activated, supposedly for the first time, in the hours during and after the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002] Mann subsequently comments, “The program is of particular interest today because it helps to explain the thinking and behavior of the second Bush Administration in the hours, days, and months after the terrorist attacks on September 11, 2001.” [Atlantic Monthly, 3/2004]

Entity Tags: Richard A. Clarke, Richard (“Dick”) Cheney, Oliver North, National Program Office, James Woolsey, Kenneth Duberstein, Donald Rumsfeld, George Herbert Walker Bush

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

Richard Perle, a former Senate aide (see Late 1969) and consultant with the Abington Corporation defense consultancy firm, has recently become an assistant secretary of defense. Two of his first clients with Abington were Israeli arms dealers Shlomo Zabludowicz, and his son Chaim Zabludowicz (see March 1980), who now want to sell the US weapons produced by Soltam Ltd, an Israeli company that makes mortars, artillery, ammunition, and other civilian and military products. Shlomo Zabludowicz is the founder of Soltam and its principal shareholder. Soltam agrees to pay Abington $10,000 a month for a period of one year. In return, Perle writes a letter to the secretary of the Army recommending the evaluation and purchase of 155 mm. shells manufactured by Soltam. [New York Times, 4/17/1983; CounterPunch, 2/28/2004] Perle will say in a later interview with the New York Times that the amount was paid to him for services he provided Soltam during the previous year, and not for services rendered while working in the Pentagon. In January 1982, he will also receive a portion of a $90,000 fee that Soltam pays to Abington (see January 1982) The payments made to Perle and Abington are both funneled though Tamares, a small London-based subsidiary of Salgad, another company founded by Shlomo Zabludowicze and based in Liechtenstein. [New York Times, 4/17/1983] When Perle leaves his Defense Department position in 1987, he will go to work for Soltam. [CounterPunch, 2/28/2004]

Entity Tags: Shlomo Zabludowicz, Salgad, Abington Corporation, Chaim Zabludowicz, Richard Perle, Soltam Ltd., Tamares

Timeline Tags: Neoconservative Influence

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

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

Timeline Tags: Civil Liberties

An E-4B Airborne Command Post.An E-4B Airborne Command Post. [Source: US Air Force] (click image to enlarge)During the 1980s, top-secret exercises are regularly held, testing a program called Continuity of Government (COG) that would keep the federal government functioning during and after a nuclear war (see 1981-1992). The program includes a special plane called the National Emergency Airborne Command Post (NEACP). This is a modified Boeing 747, based at Andrews Air Force Base, near Washington, DC that has its own conference room and special communications gear. Nicknamed the “Doomsday” plane, it could act as an airborne command post from where a president could run the country during a nuclear war. One of the COG exercises run by the Reagan administration involves a team of officials actually staying aloft in the NEACP for three days straight. The team cruises across the US, and up and down the coasts, periodically being refueled in mid-air. [Schwartz, 1998; Mann, 2004, pp. 144] Dick Cheney and Donald Rumsfeld participate in the COG exercises, though whether they are aboard the NEACP in this particular one is unknown. [Atlantic Monthly, 3/2004] The plan that is being rehearsed for in the exercises will be activated in response to the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). Also on 9/11, three Doomsday planes (then known as “National Airborne Operations Center” planes) will be in the air, due to an exercise taking place that morning called Global Guardian (see Before 9:00 a.m. September 11, 2001). [Schwartz, 1998; Omaha World-Herald, 2/27/2002]

Entity Tags: Donald Rumsfeld, Richard (“Dick”) Cheney

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

Douglas Feith, a neoconservative (see Early 1970s) serving as a Middle East analyst for the National Security Council, is fired after becoming the focus of an FBI inquiry into his giving classified NSC information to an Israeli embassy official in Washington. [CounterPunch, 2/28/2004] (Feith has always been a hardline advocate for Israel; his father, Dalck Feith, was a hardline Republican who, in his youth, was active in the militant Zionist youth movement Betar, the predecessor of Israel’s Likud Party. Both Feith and his father will be honored by the hard-right, Likud-aligned Zionist Organization of America.) [Inter Press Service, 11/7/2003] In 1992, Feith will write of his belief that the US and Israel should freely share technology; author Stephen Green will write regarding Feith’s leak of classified information to Israel that “what [Feith] had neglected to say… was that he thought that individuals could decide on their own whether the sharing of classified information was ‘technical cooperation,’ an unauthorized disclosure, or a violation of US Code 794c, the ‘Espionage Act.’” Feith is almost immediately rehired by fellow neoconservative Richard Perle to serve as Perle’s “special counsel” (see Mid-1982); Feith will work for Perle until 1986, when he forms what Green will call “a small but influential law firm… based in Israel.” [CounterPunch, 2/28/2004]

Entity Tags: National Security Council, Dalck Feith, Betar, Douglas Feith, Likud, Richard Perle, Federal Bureau of Investigation, Stephen Green

Timeline Tags: Neoconservative Influence

Neoconservative academic Michael Ledeen is brought into the Defense Department as a consultant on terrorism, via the auspices of Assistant Secretary of Defense Richard Perle, a fellow neoconservative. Ledeen’s supervisor, Noel Koch, is troubled by Ledeen’s frequent visits to his office to read classified documents. When Koch and Ledeen journey to Italy on Pentagon business, Koch learns that Ledeen is considered an “agent of influence” for a foreign government: Israel. After returning from Italy, Ledeen asks Koch to help him obtain two highly classified CIA reports which he says are being held by the FBI. Ledeen gives Koch the reports’ “alpha numeric designators”—numbers as highly classified as the reports themselves. Koch is at a loss to understand how Ledeen obtained such information. Koch tells his executive assistant to stop allowing Ledeen to access the classified materials in his office. In return, Ledeen stops coming to work. [CounterPunch, 2/28/2004] Shortly thereafter, Ledeen will begin “consulting work” for the National Security Council (see Late 1984).

Entity Tags: Michael Ledeen, Central Intelligence Agency, US Department of Defense, Richard Perle, Noel Koch

Timeline Tags: Neoconservative Influence

The Supreme Court rules in INS v. Chadha that Congress has no right to issue what it calls “legislative vetoes,” essentially provisions passed by Congress giving the executive branch specific powers but with Congress reserving the right to veto specific decisions by the executive branch if it does not approve of the decisions made by the executive. Congress had relied on such “legislative vetoes” for years to curb the expanding power of the president. The Court strikes down hundreds of these “legislative vetoes” throughout federal law. Congress quickly schedules hearings to decide how to respond to the Court’s ruling. White House attorney John Roberts (see September 29, 2005), a young, fast-rising conservative, is one of a team of lawyers assigned to review the administration’s upcoming testimony before Congress. Some of the lawyers want to push Congress to place independent agencies such as the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) under White House control—part of the evolving “unitary executive” theory of presidential power (see April 30, 1986). Roberts writes: “With respect to independent agencies… the time may be ripe to reconsider the existence of such entities, and take action to bring them back within the executive branch.… I agree that the time is ripe to reconsider the Constitutional anomaly of independent agencies… More timid souls may, however, desire to see this deleted as provocative.” [Savage, 2007, pp. 256-257]

Entity Tags: Reagan administration, Food and Drug Administration, Federal Trade Commission, John G. Roberts, Jr, US Supreme Court

Timeline Tags: Civil Liberties

Young White House attorney John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983), is selected to respond to a letter from retired Supreme Court Justice Arthur Goldberg. The former justice is commenting on the Reagan administration’s decision to unilaterally invade the tiny Caribbean island nation of Grenada. Goldberg wrote that President Reagan probably did violate the Constitution by sending troops to Grenada without Congressional approval, and in that sense has left himself open to impeachment. However, he added, the invasion had succeeded in establishing democracy in that nation. Therefore Reagan’s actions should be compared to those of President Abraham Lincoln during the Civil War, because, like Lincoln, he “acted in good faith and in the belief that this served our national interest” (see April 12 - July 1861). Drafting the letter for Reagan’s signature, Roberts thanks Goldberg for his defense of Reagan but insists that the invasion was perfectly legal. The president, Roberts writes, has “inherent authority in international affairs to defend American lives and interests and, as commander in chief, to use the military when necessary in discharging these responsibilities.” [Savage, 2007, pp. 257]

Entity Tags: Reagan administration, John G. Roberts, Jr, Arthur Goldberg, Ronald Reagan

Timeline Tags: Civil Liberties

Richard Clarke, who will be the counterterrorism “tsar” on 9/11, regularly participates in a series of highly secret “Continuity of Government” (COG) exercises. [Washington Post, 4/7/2004] Throughout the 1980s, the COG exercises rehearse how to keep the federal government running during and after a nuclear war with the Soviet Union (see 1981-1992). After the fall of the Soviet Union, the exercises continue, but based instead around a possible terrorist attack on the United States (see 1992-2000). [Atlantic Monthly, 3/2004] In 2004, Clarke will reveal that he has participated regularly in these exercises over the previous 20 years. He recalls that he had “gone off into caves in mountains in remote locations and spent days on end in miserable conditions, pretending that the rest of the world had blown up, and going through the questions, going through the drill.” He adds: “Everyone there play acts that it’s really happened. You can’t go outside because of the radioactivity. You can’t use the phones because they’re not connected to anything.” He also describes the COG plan requiring coded communications, saying: “There’s an elaborate system for the people in this network, first of all, to verify each other’s identity. That person on the other end has a certain password and information that they have to pass for us to believe that they’re who they say they are.” [Washington Post, 4/7/2004; ABC News, 4/25/2004] Clarke was a senior analyst at the State Department since 1979, and rises to prominence during the Reagan administration when he becomes deputy assistant secretary of state for intelligence. [Washington Post, 3/13/2003; BBC, 3/22/2004] After being a member of the National Security Council since 1992, in 1998 he is appointed as counterterrorism “tsar” (see May 22, 1998). [9/11 Commission, 3/24/2004 pdf file; New York Review of Books, 5/13/2004; Independent, 6/14/2004] According to journalist James Mann, the COG program is of particular interest because it helps explain the thinking and behavior of the Bush administration “in the hours, days, and months after the terrorist attacks on September 11, 2001.” [Atlantic Monthly, 3/2004] On the morning of 9/11, Clarke is in fact responsible for activating the COG plan, the first time it is ever implemented (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8; ABC News, 4/25/2004] Also participating in the COG exercises, at least throughout at 1980s, are Dick Cheney and Donald Rumsfeld, who on 9/11 are the vice president and secretary of defense, respectively. [Atlantic Monthly, 3/2004]

Entity Tags: Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Supreme Court, in the case of Federal Election Commission v. NCPAC, rules that political action committees (PACs) can spend more than the $1,000 mandated by federal law (see February 7, 1972, 1974, and May 11, 1976). The Democratic Party and the FEC argued that large expenditures by the National Conservative Political Action Committee (NCPAC) in 1975 violated the Federal Election Campaign Act (FECA), which caps spending by independent political action committees in support of a publicly funded presidential candidate at $1,000. The Court rules 7-2 in favor of NCPAC, finding that the relevant section of FECA encroaches on the organization’s right to free speech (see January 30, 1976). Justice William Rehnquist writes the majority opinion, joined by fellow conservatives Chief Justice Warren Burger, Sandra Day O’Connor, and Lewis Powell, and liberals Harry Blackmun, John Paul Stevens, and William Brennan. Justices Byron White and Thurgood Marshall dissent from the majority. [Oyez (.org), 2012; Moneyocracy, 2/2012]

Entity Tags: Federal Election Commission, William Brennan, William Rehnquist, Byron White, Federal Election Campaign Act of 1972, US Supreme Court, Warren Burger, Sandra Day O’Connor, Harry Blackmun, John Paul Stevens, Thurgood Marshall, National Conservative Political Action Committee, Democratic Party, Lewis Powell

Timeline Tags: Civil Liberties

The Reagan administration takes another step in attempting to “purge” the federal bureaucracy of those who disagree with its policies (see February 1981 and After). President Reagan issues an executive order requiring agencies to annually submit a cost-benefit analysis of their proposed new rules to the White House, giving administration officials the chance to object to, delay, and block regulations it opposes for ideological reasons. Reagan attorney Douglas Kmiec will later write that this scheme is a major part of the Reagan administration’s attempt to implement the “unitary executive” theory of executive power (see April 30, 1986). Kmiec will write that though White House objections have no legal weight because Congress has given the agencies the power to make rules by law, the White House often wins the argument anyway. [Savage, 2007, pp. 304-305]

Entity Tags: Douglas Kmiec, Reagan administration

Timeline Tags: Civil Liberties

Steven Calabresi joins the Justice Department. Calabresi is a young conservative lawyer who has clerked for appeals court Robert Bork, who failed to secure a position on the Supreme Court just months before (see July 1-October 23, 1987). Calabresi, a co-founder of the Federalist Society of conservative lawyers and judges, joins forces with another ambitious young Justice Department lawyer, John Harrison, and the two begin working to expand the power of the president. Calabresi and Harrison decide that an aggressive use of presidential signing statements can advance the president’s authority to the detriment of the legislative and judicial branches. Unfazed by a recent judicial rejection of just such signing statement usage (see 1984-1985), Calabresi and Harrison write a memo to Attorney General Edwin Meese advocating the issuing of more signing statements as part of a larger strategy to increase the president’s influence over the law. Calabresi and Harrison are interested in how what they call “activist judges” use the legislative history of a bill that became law to interpret that law’s meaning in subsequent judicial actions. The two lawyers believe that by issuing signing statements, the president can create a parallel record of presidential interpretations of potentially ambiguous laws to help guide judicial decisions. Meese approves of the idea, and in December has the West Publishing Company, which prints the US Code Congressional and Administration News, the standard collection of bills’ legislative history, begin including presidential signing statements in its publications. In 2007, author Charlie Savage will call Meese’s move “a major step in increasing the perceived legitimacy of the device.” [Savage, 2007, pp. 232] In 2007, Calabresi will say: “I initially thought of signing statements as presidential legislative history. I’ve subsequently come to think of them as being important vehicles by which presidents can control subordinates in the executive branch. They subsequently came to be important to the unitary executive [theory of presidential power].” [Savage, 2007, pp. 234]

Entity Tags: John Harrison, Charlie Savage, Federalist Society, West Publishing Company, US Department of Justice, Edwin Meese, Robert Bork, Steven Calabresi, US Supreme Court

Timeline Tags: Civil Liberties

Valerie Plame, the 22-year old daughter of a military family that followed its Air Force father around the globe during her childhood, joins the CIA. She is one of only 250 or so recruits accepted in the elite Career Trainee Program, a relatively new program installed by CIA Director William Casey and future director Robert Gates. These recruits receive intensive training in everything from academics, government and political structures, and paramilitary operations. Plame is one of the first women accepted in the program. She acquits herself very well in training, winning the respect of her fellow recruits. Classmate Larry Johnson, who will himself go on to a long career in the agency, will later recall of the young woman he knows only as “Val P.”: “She didn’t try to pretend to be something that she was not. She didn’t shoot her mouth off. Looking back, for her age, how so damn young she was, she was remarkably mature, and very serious. It was clear she wanted to be taken seriously.” Only three recruits from the “survivors” of the original class of 250 will go on to work as NOCs—nonofficial covered officers. Plame will be one of those three. [Wilson, 2007, pp. 315-317]

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

Timeline Tags: Niger Uranium and Plame Outing

President Ronald Reagan signs a directive that contributes to the modern era of “continuity planning,” which will ensure the maintenance of a functioning government in the event of a catastrophic attack on Washington, DC. This Continuity of Government (COG) plan will be activated for the first time on 9/11, in response to the terrorist attacks that day (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002; ABC News, 4/25/2004] National Security Decision Directive 188 (NSDD 188), “Government Coordination for National Security Emergency Preparedness,” states that it is the policy of the United States to have capabilities at all levels of government to respond to a range of national security emergencies, “from major natural calamities to hostile attacks on the nation.” The US policy “includes an emergency mobilization preparedness program which provides an effective capability to meet defense and essential civilian needs during those emergencies.” The National Security Council (NSC) is assigned as the “principal forum” where the national security emergency preparedness policy will be considered, and the Federal Emergency Management Agency (FEMA) is to “assist in the implementation of this policy through a coordinating role with the other federal agencies.” NSDD 188 also assigns responsibility for continuity planning to an interagency panel that includes the Office of Management and Budget, and the Defense, Treasury, and Justice Departments. [US President, 9/16/1985; Washington Post, 3/1/2002] A subsequent executive order in 1988 will apply the COG plan to “any national security emergency situation that might confront the nation” (see November 18, 1988), and a presidential directive in 1998 will update it to specifically deal with the emerging threat posed by terrorists (see Early 1998 and October 21, 1998). [US President, 11/18/1988; Clarke, 2004, pp. 166-167 and 170; Washington Post, 6/4/2006]

Entity Tags: Ronald Reagan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ralph Tarr, the acting head of the Justice Department’s Office of Legal Counsel, drafts a memo explaining how the White House has issued signing statements up until now (see August 23, 1985 - December 1985), and makes recommendations on how to improve the process. Tarr, acting at the behest of an aide to Attorney General Edwin Meese, issues what author Charlie Savage will call “a prescient seven-page manifesto.” Tarr writes that signing statements are “presently underutilized and could become far more important as a tool of presidential management of the agencies, a device for preserving issues of importance in the ongoing struggle for power with Congress, and an aid to statutory interpretation for the courts.” Tarr writes that signing statements have the potential to be used as a threat “with which to negotiate concessions from Congress.” The statements can also be used to tell executive branch agencies how to interpret a law: “The president can direct agencies to ignore unconstitutional provisions or to read provisions in a way that eliminates constitutional or policy problems. This direction permits the president to seize the initiative in creating what will eventually be the agency’s interpretation.” [Savage, 2007, pp. 232-233]

Entity Tags: Edwin Meese, Charlie Savage, Ralph Tarr, Reagan administration, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Justice Department lawyer Samuel Alito, a member of the department’s Litigation Strategy Working Group, writes a memo advocating the creation of a pilot project designed to increase the frequency and impact of presidential signing statements (see August 23, 1985 - December 1985 and October 1985). The rationale is to use signing statements to “increase the power of the executive to shape the law.” Alito focuses on the use of signing statements to parallel the legislative history of a bill, a relatively modest view, but still recognizes the potentially revolutionary nature of the idea. He writes that signing statements must be used incrementally, so as not to draw undue attention from civil libertarians and key Congressional members. “[D]ue to the novelty of the procedure and the potential increase of presidential power,” he writes, “[C]ongress is likely to resent the fact that the president will get the last word on questions of interpretation.” Alito suggests that President Reagan begin issuing signing statements only on bills affecting the Justice Department, and later issue such statements for bills that affect other areas of the federal government. “As an introductory step, our interpretative statements should be of moderate size and scope,” he writes. “Only relatively important questions should be addressed. We should concentrate on points of true ambiguity, rather than issuing interpretations that may seem to conflict with those of Congress. The first step will be to convince the courts that presidential signing statements are valuable interpretive tools.” President Reagan will issue signing statements that challenge, interpret, or actually rewrite 95 sections of bills, far more than any other president. His successor, George H. W. Bush, will challenge 232 sections of bills. [Savage, 2007, pp. 233-234]

Entity Tags: Litigation Strategy Working Group, George Herbert Walker Bush, Samuel Alito, US Department of Justice, Ronald Reagan

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

The Supreme Court rules in Federal Election Commission v. Massachusetts Citizens for Life that an anti-abortion organization can print flyers promoting “pro-life” candidates in the weeks before an election, and that the portion of the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976) that bars distribution of such materials to the general public restricts free speech. In September 1978, the Massachusetts Citizens For Life (MCFL) spent almost $10,000 printing flyers captioned “Everything You Need to Vote Pro-Life,” which included information about specific federal and state candidates’ positions on abortion rights, along with exhortations to “vote pro-life” and “No pro-life candidate can win in November without your vote in September.” The Federal Election Commission (FEC) ruled that MCFL’s expenditures violated FECA’s ban on corporate spending in connection with federal elections. A Massachusetts district court ruled against the FEC, finding that the flyer distribution “was uninvited by any candidate and uncoordinated with any campaign” and the flyers fell under the “newspaper exemption” of the law. Moreover, the court found, FECA’s restrictions infringed on MCFL’s freedom of speech (see January 30, 1976 and April 26, 1978). An appeals court reversed much of the district court’s decision, but agreed that the named provision of FECA violated MCFL’s free speech rights. The FEC appealed to the Supreme Court. By a 5-4 vote, the Court affirms that FECA’s prohibition on corporate expenditures is unconstitutional as applied to independent expenditures made by a narrowly defined type of nonprofit corporation such as MCFL. The Court writes that few organizations will be impacted by its decision. The majority opinion is written by Justice William Brennan, a Court liberal, and joined by liberal Thurgood Marshall and conservatives Lewis Powell, Antonin Scalia, and (in part) by Sandra Day O’Connor. Court conservatives William Rehnquist and Byron White, joined by liberals Harry Blackmun and John Paul Stevens, dissent with the majority, saying that the majority ruling gives “a vague and barely adumbrated exception [to the law] certain to result in confusion and costly litigation.” [Federal Election Commission, 2011; Moneyocracy, 2/2012]

Entity Tags: Federal Election Commission, William Rehnquist, Antonin Scalia, Federal Election Campaign Act of 1972, US Supreme Court, William Brennan, Sandra Day O’Connor, Harry Blackmun, John Paul Stevens, Thurgood Marshall, Massachusetts Citizens for Life, Byron White, Lewis Powell

Timeline Tags: Civil Liberties

Robert Bork.Robert Bork. [Source: National Constitution Center]The controversial nomination of conservative judge Robert Bork to the Supreme Court is defeated in the US Senate. Bork is denied a seat on the Court in a 58-42 vote, because his views are thought to be extremist and even some Republicans vote against him.
'Right-Wing Zealot' - Bork, nominated by President Reagan as one of the sitting judges who most completely reflects Reagan’s judiciary philosophy (see 1985-1986), is characterized even by administration officials as a “right-wing zealot.” Reagan also wants a nominee to placate the hard right over their disaffection caused by the brewing Iran-Contra scandal. However, to make him more palatable for the majority of Americans, Reagan officials attempt to repackage Bork as a moderate conservative. Senate Judiciary Committee member Edward Kennedy (D-MA) attacks Bork’s political philosophy, saying before the committee hearings: “[In Bork’s America] women would be forced into back alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is the—and is often the only—protector of the individual rights that are the heart of our democracy.… No justice would be better than this injustice.” Kennedy’s words provoke complaint, but the characterization of Bork is based on his lengthy record of court verdicts and his large body of judicial writings.
Racial Equality Issues - Although there is no evidence to suggest that Bork is himself a racist, former Nixon White House counsel John Dean will write that “his positions on civil rights were an anathema to all who cared about equality in America.” Constitutional law professor Herman Schwartz will write in 2004, “Bork condemned the Fourteenth Amendment’s Equal Protection Clause decisions outlawing the poll tax (to him it was just ‘a very small tax’), the decision establishing the one-person, one-vote principle, abolishing school segregation in the District of Columbia, barring courts from enforcing racially restrictive housing covenants, preventing a state from sterilizing certain criminals or interfering with the right to travel, and prohibiting discrimination against out-of-wedlock children…. Bork’s hostility to governmental action on behalf of minorities did not stop with his critique of court action. In 1963 he criticized a section of the proposed Civil Rights Act of 1964 that required white businesses to serve blacks as resting on a principle of ‘unsurpassed ugliness.’”
Ready to Fight - The Reagan administration understands that Bork’s nomination is opposed; on July 1, the day of his announced nomination, the media reports that Reagan will try to ensure Bork’s confirmation by waging an “active campaign.” Even Senate-savvy James Baker, Reagan’s chief of staff, is uncertain about Bork’s chances at being confirmed, and further worries that even if Bork wins the fight, the cost to Reagan’s political capital will be too high.
His Own Worst Enemy - Conservatives Justice Department official Terry Eastland will later say Senate Democrats sabotage Bork’s chances at faring well in the confirmation hearings, even positioning his table to ensure the least favorable angles for Bork on television. However, the public’s opinion of Bork is unfavorable, and Dean will write: “[I]t was not the position of his chair in the hearing room that made Bork look bad, but rather his arrogance, his hubris, and his occasional cold-bloodedness, not to mention his equivocations and occasional ‘confirmation conversions,’ where he did what no one else could do. He made himself a terrible witness who did not appear to be truthful.” The confirmation conversions even surprise some of his supporters, as Bork abandons his previous stances that the First Amendment only applies to political speech, and the Fourteenth Amendment’s equal protection clause does not apply to women. The Senate Judiciary Committee passes Bork’s nomination along to the full Senate, where Bork is defeated 58-42.
The Verb 'To Bork' - In 2007, Dean will write, “Bork’s defeat made him both a martyr and a verb,” and quotes conservative pundit William Safire as writing that “to bork” someone means to viciously attack a political figure, particularly by misrepresenting that figure in the media. [Dean, 2007, pp. 137-143]

Entity Tags: Herman Schwartz, US Department of Justice, Gregory Peck, Edward M. (“Ted”) Kennedy, US Supreme Court, William Safire, Ronald Reagan, James A. Baker, Senate Judiciary Committee, Terry Eastland, Robert Bork, John Dean

Timeline Tags: Civil Liberties

The Iran-Contra hearings come to an end after over 250 hours of testimony from 28 witnesses. [New York Times, 11/19/1987] The hearings have been unsatisfactory at best, with the committee saying in a final statement, “We may never know with precision or truth why [the Iran-Contra affair] ever happened.” [PBS, 2000] The biggest wrangle left for the committee is the status of the final report. The committee’s Democratic leaders want a unanimous report. The Republicans demand numerous concessions for such a unanimous report, including the exclusion of critical evidence of an administration cover-up and evidence implicating President Reagan in the Iran-Contra policy decision-making. The committee produces dozens of drafts of the final report, each more watered-down than the previous one, to accommodate Republican demands. The Republicans will get a report almost completely to their liking, but will then pull away and issue their own minority report anyway (see November 16-17, 1987). [Dubose and Bernstein, 2006, pp. 80-81]

Entity Tags: Ronald Reagan, Joint House-Senate Iran-Contra Committee

Timeline Tags: Iran-Contra Affair

The congressional Iran-Contra committee has finally produced a final report, which committee Democrats thought would be unanimous. But committee Republicans fought successfully to water down the report, including the exclusion of evidence proving President Reagan’s involvement in the policy decisions (see August 3, 1987 and After), and then at the last minute broke away and announced their intention to issue a minority report—which was their intention all along. “From the get-go they wanted a minority report,” Republican staffer Bruce Fein will later recall. The official majority report is due to come out on November 17, but a printing error forces it to be delayed a day (see November 18, 1987). The committee Republicans, headed by Representative Dick Cheney (R-WY) and Senator Henry Hyde (R-IL) leak their minority report to the New York Times on November 16, thus stealing a march on the majority. On November 17, all of the committee Republicans save three—Senators Warren Rudman (R-NH), Paul Trible (R-VA), and William Cohen (R-ME)—hold a press conference in which they accuse the majority of staging a “witch hunt” against the president and the administration. The minority report asserts: “There was no constitutional crisis, no systematic disrespect for the ‘rule of law,’ no grand conspiracy, and no administration-wide dishonesty or cover-up.… In our view the administration did proceed legally in pursuing both its Contra policy and the Iran arms initiative.” Rudman calls the minority report “pathetic,” and says his Republican colleagues have “separated the wheat from the chaff and sowed the chaff.” The press focuses on the conflict between the two reports. The Democrats largely ignore the minority report: “This was ‘87,” one Democratic staff member will recall. “We had a substantial majority and the Republicans were trained to be what we thought was a permanent minority party. When they would yap and yell, we would let them yap. It just didn’t matter.” [Dubose and Bernstein, 2006, pp. 80-81]

Entity Tags: New York Times, Bruce Fein, Henry Hyde, Joint House-Senate Iran-Contra Committee, Warren Rudman, Paul Trible, William S. Cohen, Ronald Reagan, Richard (“Dick”) Cheney

Timeline Tags: Iran-Contra Affair

Congress’s joint Iran-Contra investigative committee issues its final majority report. [New York Times, 11/19/1987] The Republican minority has largely refused to join the majority report, which was watered down time and again to entice the Republicans to join in the issuance of a unanimous report (see November 16-17, 1987). Still, the watered-down report finds that the “clandestine financing operation undermined the powers of Congress as a coequal branch and subverted the Constitution.” The Reagan administration had violated a key belief of the Constitution’s framers: “the purse and the sword should never be in the same hands.” Regardless of the majority report’s findings, no significant reforms will come from the Iran-Contra investigation. [Dubose and Bernstein, 2006, pp. 81-82]

Entity Tags: Joint House-Senate Iran-Contra Committee, Reagan administration

Timeline Tags: Iran-Contra Affair

A federal appeals court rules 2-1 in favor of Theodore Olson, the former head of the Justice Department’s Office of Legal Counsel, who has refused to comply with a subpoena issued as part of an independent counsel’s investigation into political interference at the Environmental Protection Agency (EPA). Olson’s position is that the independent counsel is illegal under the Constitution, as interpreted by the so-called “unitary executive theory” (see April 30, 1986). One of the appellate court judges, Carter appointee Ruth Bader Ginsberg, argues that the independent counsel law is perfectly constitutional, and fits with the Founding Fathers’ vision of a system of “checks and balances” among the three governmental branches. But Reagan appointees Laurence Silberman and Stephen Williams outvote Ginsberg. Silberman, who writes the majority opinion, is a longtime advocate of increased executive power, and calls the independent counsel law “inconsistent with the doctrine of a unitary executive.” The Supreme Court will strike down Silberman’s ruling (see June 1988), but the independent counsel will not bring charges against Olson. [Savage, 2007, pp. 46-49]

Entity Tags: Office of Legal Counsel (DOJ), Environmental Protection Agency, Laurence Silberman, Stephen Williams, Theodore (“Ted”) Olson, US Supreme Court, Ruth Bader Ginsberg

Timeline Tags: Civil Liberties

In a 7-1 ruling, the Supreme Court rules that the independent counsel law is Constitutional and valid. The ruling overturns a recent appeals court ruling striking down the law because it conflicts with the “unitary executive” theory of government (see January 1988). The ruling stuns the Reagan administration, who had fiercely argued against the independent counsel law, in part because conservative justice William Rehnquist authors the majority opinion. Only Reagan appointee Antonin Scalia votes in favor of the unitary executive. [Savage, 2007, pp. 46-49]

Entity Tags: Antonin Scalia, US Supreme Court, William Rehnquist, Reagan administration

Timeline Tags: Civil Liberties

Veteran diplomat Joseph Wilson arrives in Baghdad to assume the post of Deputy Chief of Mission (DCM) under US Ambassador April Glaspie. Wilson has extensive experience throughout sub-Saharan and Central Africa, as well as brief stints on the staffs of Senator Al Gore (D-TN) and Representative Tom Foley (D-WA). Wilson will later write that he and his colleagues share the belief that Iraq is ruled by “a shockingly brutal regime… an ugly totalitarian dictatorship” and its leader, Saddam Hussein, a “sociopath.” For the next three years, Wilson and his colleagues will send harsh reports of Hussein’s systematic violations of the human rights of his subjects to Washington.
Walking a Fine Line between Isolation and Appeasement - Still, most of the embassy staff, including Wilson and Glaspie, are not advocates of totally isolating Hussein with extreme economic and diplomatic sanctions. Wilson will write, “Isolating a regime often results in isolating ourselves, and we then lose any leverage we might have to influence outcomes. On the other hand, when dictators are treated like any other leaders, it’s often interpreted by them as a free pass to continue in their autocratic ways, while critics label it as appeasement.… The merits of ideologically driven diplomacy versus a more pragmatic approach have been a recurring theme of foreign policy debates throughout the history of international relations and America’s own domestic policies.”
'Tread Lightly' - Wilson will note that “Iraq’s Arab neighbors unanimously urged us to tread lightly. They argued that after almost a decade of a grinding war with Iran, Saddam had learned his lesson and that his natural radicalism would now be tempered by the harsh experience.… [I]t was better to tie him to relationships that would be hard for him to jettison than to leave him free to make trouble with no encumbrances. Engaging with him at least kept him in our sights.” Iraq had behaved monstrously during its war with Iran, and had offended the world with its chemical attacks on its own citizens (see August 25, 1988) and its Iranian enemies (see October 1988). But it had emerged from the war as a powerful regional player both militarily and economically. The Bush administration is torn between trying to moderate Hussein’s behavior and treating him as an incorrigible, irredeemable enemy of civilization. And Washington wants Iraq as a balancing force against Iran, which is awash in virulently anti-American sentiment (a sentiment returned in full by many American lawmakers and government officials). No other country in the Gulf region will tolerate the presence of US forces as a counterbalance to Iran. So, as Wilson will write, “All of Iraq’s neighbors continued to argue for a softer approach; and since they clearly had at least as much at stake as we did, the Bush administration was willing to follow their lead.” [Wilson, 2004, pp. 78-79, 451]

Entity Tags: Joseph C. Wilson, Saddam Hussein, April Glaspie

Timeline Tags: Events Leading to Iraq Invasion

President Ronald Reagan signs a directive that details the US government’s plan for dealing with national emergencies, including a nuclear attack against the country. Executive Order 12656, “Assignment of Emergency Preparedness Responsibilities,” sets out the specific responsibilities of federal departments and agencies in national security emergencies. [US President, 11/18/1988] It deals with the nation’s Continuity of Government (COG) plan, which would ensure the federal government continued to function should such an emergency occur. [Washington Post, 3/1/2002; Atlantic Monthly, 3/2004] The order states, “The policy of the United States is to have sufficient capabilities at all levels of government to meet essential defense and civilian needs during any national security emergency.” It defines a “national security emergency” as “any occurrence, including natural disaster, military attack, technological emergency, or other emergency, that seriously degrades or seriously threatens the national security of the United States.” The order directs the head of every federal department and agency to “ensure the continuity of essential functions” during such an emergency by, among other things, “providing for succession to office and emergency delegation of authority.” According to Executive Order 12656, the National Security Council is “the principal forum for consideration of national security emergency preparedness policy,” and the director of the Federal Emergency Management Agency (FEMA) is to “assist in the implementation of national security emergency preparedness policy by coordinating with the other federal departments and agencies and with State and local governments.” [US President, 11/18/1988] The COG plan this directive deals with will be activated for the first time on 9/11, in response to the terrorist attacks that day (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002; ABC News, 4/25/2004] Author Peter Dale Scott will later comment that, by applying the COG plan to “any national security emergency,” Executive Order 12656 means that the attacks of 9/11 will meet the requirements for the plan to be put into action. [Scott, 2007, pp. 185-186] In fact, a presidential directive in 1998 will update the COG plan specifically to deal with the threat posed by terrorists (see Early 1998 and October 21, 1998). [Clarke, 2004, pp. 166-167 and 170; Washington Post, 6/4/2006]

Entity Tags: Ronald Reagan

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

Representative Dick Cheney (R-WY) publishes an essay for the neoconservative American Enterprise Institute (AEI), apparently written either by his Iran-Contra commission colleague Michael Malbin or by Cheney and Malbin together, but printed under Cheney’s name. The essay is titled “Congressional Overreaching in Foreign Policy,” and covers what he terms “congressional aggrandizement” of presidential powers.
Congress Has No Place in Determining, Implementing US Foreign Policy - Cheney’s essay bluntly states his belief that Congress has no business interfering in the president’s power to determine and implement the nation’s foreign policy; in general, the essay indicates Cheney’s disdain for the legislative branch of which he has been a member. He writes, in part: “Broadly speaking, the Congress was intended to be a collective, deliberative body. When working at its best, it would slow down decisions, improve their substantive content, subject them to compromise, and help build a consensus behind general rules before they were to be applied to the citizenry. The presidency, in contrast, was designed as a one-person office to ensure that it would be ready for action. Its major characteristics… were to be ‘decision, activity, secrecy, and dispatch.‘… [T]he legislative branch is ill equipped to handle many of the foreign policy tasks it has been taking upon itself lately.” He writes that while Congress may take upon itself powers to launch military actions or respond to an attack, it is by nature so slow and deliberative, and its members so focused on getting reelected, that it cannot adequately wield those powers: “[T]he real world effect often turns out… not to be a transfer of power from the president to Congress, but a denial of power to the government as a whole.” The only power Congress should have in involving itself in foreign policy, Cheney argues, is whether or not to fund presidential initiatives. “[T]he nation should not be paralyzed by Congress’s indecision,” he writes. [PBS Frontline, 6/20/2006; Savage, 2007, pp. 59-61]
Cheney Selected as Secretary of Defense - Shortly after the essay is published, President George H.W. Bush names Cheney as his secretary of defense. Cheney was scheduled to give a talk based on the essay at AEI, but cancels it and goes to Washington to begin preparing for confirmation hearings in the Senate. Reporter Charlie Savage will note that the essay may have caused Cheney some difficulties in his confirmation hearings had it had a larger audience. [Savage, 2007, pp. 61]
Former White House Counsel: Cheney's Proposals Unconstitutional, Unwise - In 2007, former Nixon White House counsel John Dean will write of the essay: “Cheney seems to be oblivious to the fact that the type of government he advocates is not, in fact, the government our Constitution provides.… His argument also assumes that a more agile, energetic, and fast-acting chief executive is the better system, but history does not support that contention. Presidential leadership has consistently shown itself less wise and less prudent than the slower but more deliberative nature of the system that we have. It was Congress that forced presidents out of no-win wars like Vietnam. The reason the nation’s Founders empowered Congress was because they wisely realized that a president—like heads of governments throughout history—was prone to fighting wars for his own glory, without seeming able to easily bring those wars to an end.” [Dean, 2007, pp. 88-89]

Entity Tags: Joint House-Senate Iran-Contra Committee, John Dean, American Enterprise Institute, Michael Malbin, George Herbert Walker Bush, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties, Iran-Contra Affair

One of the Calverton surveillance photographs introduced as evidence in court (note that some faces have been blurred out).One of the Calverton surveillance photographs introduced as evidence in court (note that some faces have been blurred out). [Source: National Geographic]FBI agents photograph Islamic radicals shooting weapons at the Calverton Shooting Range on Long Island, New York. The radicals are secretly monitored as they shoot AK-47 assault rifles, semiautomatic handguns, and revolvers for four successive weekends. The use of weapons such as AK-47’s is illegal in the US, but this shooting range is known to be unusually permissive. Ali Mohamed is apparently not at the range but has been training the five men there: El Sayyid Nosair, Mahmud Abouhalima, Mohammed Salameh, Nidal Ayyad, and Clement Rodney Hampton-El. Nosair will assassinate Rabbi Meir Kahane one year later (see November 5, 1990) and the others, except Hampton-El, will be convicted of the 1993 World Trade Center bombing (see February 26, 1993), while Hampton-El will be convicted for a role in the “Landmarks” bombing plot (see June 24, 1993). Some FBI agents have been assigned to watch some Middle Eastern men who are frequenting the Al-Kifah Refugee Center in Brooklyn. Each weekend, Mohamed’s trainees drive from Al-Kifah to the shooting range and a small FBI surveillance team follows them. The FBI has been given a tip that some Palestinians at Al-Kifah are planning violence targeting Atlantic City casinos. By August, the casino plot will have failed to materialize and the surveillance, including that at the shooting range, will have come to an end. Author Peter Lance will later comment that the reason why the FBI failed to follow up the shooting sessions is a “great unanswered question.” [Lance, 2003, pp. 29-33; New York Times, 10/5/2003]

Entity Tags: Mahmud Abouhalima, Peter Lance, Mohammed Salameh, Nidal Ayyad, Federal Bureau of Investigation, Clement Rodney Hampton-El, El Sayyid Nosair, Calverton Shooting Range, Ali Mohamed, Al-Kifah Refugee Center

Timeline Tags: Complete 911 Timeline

The newly appointed general counsels of each executive branch receive a memo from William Barr, the new head of the Justice Department’s Office of Legal Counsel (OLC). The memo, entitled “Common Legislative Encroachments on Executive Branch Authority,” details the top 10 ways in which, in Barr’s view, Congress tries to interfere with executive branch powers. The list includes:
bullet “4. Micromanagement of the Executive Branch”;
bullet “5. Attempts to Gain Access to Sensitive Executive Branch Information”;
bullet “9. Attempts to Restrict the President’s Foreign Affairs Powers.”
The memo unequivocally endorses the “unitary executive theory” of the presidency (see April 30, 1986), despite that theory’s complete rejection by the Supreme Court (see June 1988). Barr also reiterates the belief that the Constitution requires the executive branch to “speak with one voice”—the president’s—and tells the general counsels to watch for any legislation that would protect executive branch officials from being fired at will by the president, one of the powers that Barr and other unitary executive proponents believe has been illegally taken by Congress. “Only by consistently and forcefully resisting such congressional incursions can executive branch prerogatives be preserved,” Barr writes. Reflecting on Barr’s arguments, law professor Neil Kinkopf, who will later serve in the OLC under President Clinton, will later write: “Never before had the Office of Legal Counsel… publicly articulated a policy of resisting Congress. The Barr memo did so with belligerence, staking out an expansive view of presidential power while asserting positions that contradicted recent Supreme Court precedent. Rather than fade away as ill-conceived and legally dubious, however, the memo’s ideas persisted and evolved within the Republican Party and conservative legal circles like the Federalist Society.” [Savage, 2007, pp. 57-59]

Entity Tags: Federalist Society, Neil Kinkopf, US Department of Justice, William P. Barr, Office of Legal Counsel (DOJ), Republican Party

Timeline Tags: Civil Liberties

Valerie Plame, a young CIA case officer (see Fall 1985), begins her first tour of foreign duty in Athens, Greece. She will remain there for three years, functioning out of the US Embassy under diplomatic cover as, primarily, a recruiter of foreign nationals to serve as CIA assets. Athens is a beautiful but dangerous assignment, with the radical leftist group known as “November 17” having killed a number of US officials over the past years, including CIA station chief Richard Welch in 1975. Plame’s station chief, Doug Smith, will remember her as an ambitious agent who worked hard: “It’s rare that someone on a first tour does a really wonderful job. She did well.” Her deputy station chief, who only allows himself to be identified as “Jim,” will add that he has “a very high opinion of Valerie” and the caliber of her work. [Wilson, 2007, pp. 319-321]

Entity Tags: Doug Smith, Central Intelligence Agency, Valerie Plame Wilson, “Jim” (CIA case officer)

Timeline Tags: Niger Uranium and Plame Outing

The Supreme Court, in the case of Austin v. Michigan Chamber of Commerce, rules that the Michigan Chamber of Commerce (MCC) cannot run newspaper advertisements in support of a candidate for the state legislature because the MCC is subject to the Michigan Campaign Finance Act, which prohibits corporations from using treasury money to support or oppose candidates running for state offices. The Court finds that corporations can use money only from funds specifically designated for political purposes. The MCC holds a political fund separate from its other monies, but wanted to use money from its general fund to buy political advertising, and sued for the right to do so. The case explored whether a Michigan law prohibiting such political expenditures is constitutional. The Court agrees 7-2 that it is constitutional. Justices Antonin Scalia and Anthony Kennedy dissent, arguing that the government should not require such “segregated” funds, but should allow corporations and other such entities to spend their money on political activities without such restraints. [Public Resource (.org), 1990; Casebriefs, 2012; Moneyocracy, 2/2012] The 2010 Citizens United ruling (see January 21, 2010) will overturn this decision, with Scalia and Kennedy voting in the majority, and Kennedy writing the majority opinion.

Entity Tags: Michigan Chamber of Commerce, Anthony Kennedy, Michigan Campaign Finance Act, US Supreme Court, Antonin Scalia

Timeline Tags: Civil Liberties

Alan Simpson.Alan Simpson. [Source: Britt Bolen]A delegation of US senators meets with Iraqi dictator Saddam Hussein to deliver a message from President Bush. The delegation is led by Robert Dole (R-KS) and includes Frank Murkowski (R-AK), Jim McClure (R-ID), Alan Simpson (R-WY), and Howard Metzenbaum (D-OH). The senators are joined by US Ambassador to Iraq April Glaspie, her deputy Joseph Wilson, and various embassy staffers. Dole delivers the message from Bush: Iraq must abandon its chemical and biological weapons programs and stockpiles, and, in return, the US will continue working to improve relations between the two countries (see July 27, 1990 and July 25, 1990). In response, Hussein says he is not trying to destabilize the region and work against US interests. As part of his statement, he says: “I didn’t really say I was going to set fire to half of Israel (see April 1990). What I said was that if Israel attacks me, then I will set fire to half of Israel.” Hussein insists he will only take action against Israel if his country is attacked first, but such a response will be swift and overwhelming, with his new WMD playing a central role. He also protests against what he calls US and British efforts to contain Iraq by scaling back economic and commercial programs, and what he calls a Western smear campaign against him and his government. When the other senators are given a chance to speak to Hussein, Wilson is struck by Metzenbaum’s response. “Mr. President, I can tell you are a honorable man,” Metzenbaum says. Wilson later writes, “I remember thinking to myself that whatever beneficial impact the president’s message and Dole’s statement may have had on Saddam, it had all just been negated by this obsequious boot-licking.” Simpson joins Metzenbaum in stroking Hussein, bending forward so low from his chair that he looks as if he is on bended knee and telling the dictator: “Mr. President, I can see that what you have here isn’t really a policy problem; what you have is a public relations problem. You’ve got a problem with the haughty and pampered press. I know all about that, because I’ve got problems with the press back home. What you need is you need a good public relations person.” Wilson will write: “Saddam no doubt took from the meeting not the admonition to stop developing weapons of mass destruction and threatening his neighbors, but rather support for his own misguided belief that he was an honorable man who didn’t really have policy problems at all, just clumsy relations. After all, one of Israel’s champions had told him so, and another American leader had knelt before him to reassure him that he had no problems with the American government.” [Wilson, 2004, pp. 95]

Entity Tags: Jim McClure, Alan Simpson, April Glaspie, Frank Murkowski, George Herbert Walker Bush, Howard Metzenbaum, Saddam Hussein, Robert J. (“Bob”) Dole, Joseph C. Wilson

Timeline Tags: Events Leading to Iraq Invasion

US Ambassador to Iraq April Glaspie (see July 25, 1990) leaves the country for long-planned, long deferred home leave. Deputy Chief of Mission Joseph Wilson is left in charge of the US Embassy in Baghdad. Many other ambassadors also leave the city, as is customary due to the extremely high seasonal heat in late July and August. [Wilson, 2004, pp. 106]

Entity Tags: Joseph C. Wilson, April Glaspie

Timeline Tags: Events Leading to Iraq Invasion

Deputy Chief of Mission Joseph Wilson is in charge of the US Embassy in Baghdad after US Ambassador to Iraq April Glaspie departed for her twice-delayed annual vacation to the US (see July 31, 1990). At 2:30 a.m., local time, Wilson is awakened by a phone call from Washington. The operator tells him, “Mr. Wilson, I have the White House on the line.” Wilson, assuming he is going to speak directly to the president, finds himself standing at attention, stark naked in the middle of his bedroom. Instead, the line goes dead. (Phone service in Iraq is unreliable at best, and the Iraqis often cut service to the embassy phones.) Wilson calls Sandra Charles, a National Security Council specialist on the Middle East, and Charles tells him that she is receiving reports that the US Embassy in Kuwait City, Kuwait, is being surrounded by hostile Iraqi troops (see August 2, 1990). At 7:30 a.m., Wilson, having gotten dressed, pounds on the door of Iraq’s Foreign Minister, Tariq Aziz. The two have what Wilson will later recall as a forceful exchange, and Aziz agrees to restore phone service to the embassy. More pertinently, Wilson tells Aziz that the US is flatly opposed to any military moves against Kuwait. “It seems to me that with your army in Kuwait City and my navy in the Gulf we have an obligation to avoid any escalation of this crisis if we can,” Wilson tells Aziz. A member of the embassy staff later recalls being impressed with Wilson’s political dexterity. “I always knew Joe was bright,” the former staffer recalls, “but he really showed here he could be quick on his feet. That was a pretty smart way to handle the situation.” The meeting with Aziz is the first of many diplomatic efforts Wilson will make over the next few weeks to defuse the situation (see August 2-4, 1990) and protect the Americans in Iraq and Kuwait, whom Wilson fears will be taken hostage by Iraqi forces. [Vanity Fair, 1/2004]

Entity Tags: Joseph C. Wilson, April Glaspie, Tariq Aziz, National Security Council, Sandra Charles

Timeline Tags: Events Leading to Iraq Invasion

August 2, 1990: Iraq Invades Kuwait

Iraqi tanks poised to roll into Kuwait.Iraqi tanks poised to roll into Kuwait. [Source: Kristina Greve]Iraq invades Kuwait. In response, the US suspends National Security Directive 26 (see October 2-6, 1989), which established closer ties with Baghdad and mandated $1 billion in agricultural loan guarantees to Iraq. [Los Angeles Times, 2/23/1992] The secretary of defense, Dick Cheney, begins pressing President Bush to go to war with Iraq without securing Congressional approval. His rationale is two-fold: he doesn’t need Congressional authority, and he might not get it if he asks. Cheney moves the Pentagon onto a full war footing, even going so far as to create what author and former White House counsel John Dean calls “his own concocted high-risk plans of battle, which he tried but failed to sell at the White House.” Bush will juggle Cheney’s view with that of House Speaker Tom Foley, who will give the president a document signed by 81 Democratic members who insist that if Bush wants to go to war, he needs the authorization of Congress. Dean will write that Cheney’s arguments “are based on bogus legal and historical arguments that have been made before, but no one has pushed them longer or harder than he has.” [Dean, 2007, pp. 89-91] Bush decides not to follow Cheney’s advice. In 2007, author and reporter Charlie Savage will observe: “By urging Bush to ignore the War Powers Resolution on the eve of the first major overseas ground war since Congress enacted the law, Cheney was attempting to set a powerful precedent. Had Bush taken his advice and survived the political fallout, the Gulf War would have restored [former President] Truman’s claim that as president he had ‘inherent’ powers to send American troops to the Korean War on his own” (see June 30, 1950). [Savage, 2007, pp. 62]

Entity Tags: John Dean, George Herbert Walker Bush, Richard (“Dick”) Cheney, Bush administration (41), Charlie Savage, US Department of Defense

Timeline Tags: Events Leading to Iraq Invasion, US-Iraq 1980s

The US begins an economic and military trade embargo against Iraq. [PBS Frontline, 1/9/1996] The embargo is authorized by UN Resolution 661. [NationMaster, 12/23/2007]

Entity Tags: United Nations

Timeline Tags: Events Leading to Iraq Invasion

The US diplomats at the embassy in Baghdad, led by Deputy Chief of Mission Joseph Wilson, hold a long and sobering discussion of the possibilities confronting them in the days and weeks to come. They are well aware of the grim fate meted out to several Americans during the 1958 revolution (see 1958), and realize that they, too, may be killed in the near future. As Wilson will later write, they ask themselves: “If, in all likelihood, we were going to die anyway, did we want to go meekly to our deaths delivering useless diplomatic notes to a brutal regime, or did we want to be defiant, treating the Iraqi actions as the outrages they were? We opted for the latter code of conduct. That decision—to stand up and confront Saddam [Hussein] at every opportunity—set the tone at the embassy from that moment on.” Wilson will add: “Months later, after I’d left Baghdad, a psychologist at the CIA told me that the only way to deal with a personality like Saddam’s is to stand up to him: to be defiant, antagonistic, and intimidating. We had not had the benefit of such CIA wisdom back in August, but our instincts were still on the mark.” [Wilson, 2004, pp. 126-127]

Entity Tags: Joseph C. Wilson, Central Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

As tensions escalate between the US and Iraq, Iraqi officials circulate a note to all the embassies in Baghdad, directing them to register all of the civilians in their care with the authorities. Failure to comply can result in execution, the note implies. Such registration can only be done in person at Iraqi governmental offices; Deputy Chief of Mission Joseph Wilson, the ranking US diplomat in Baghdad, knows that bringing American citizens in for registration may well result in those Americans being taken hostage. He is housing some 60 Americans at the ambassador’s residence for their protection. He will later write: “It was clearly a way for the Iraqis to replenish their stock of hostages. The choice, theoretically, was either to turn over Americans or to defy the note and risk execution.” Instead of making the choice, Wilson uses the order to publicly defy the Iraqis. He schedules a press conference and has a Marine make him a hangman’s noose. Wearing the noose, he tells reporters that if Saddam Hussein “wants to execute me for keeping Americans from being taken hostage, I will bring my own f_cking rope.” The press conference, like all of the embassy press conferences, is off the record, but journalists release the story anyway. A garbled, erroneous version from a French news outlet has the Iraqis planning to hang Wilson by sundown. Iraqi Foreign Minister Tariq Aziz, angered and embarrassed by the press coverage, attempts to dress down Wilson that evening, but Wilson refuses to back down. Instead, the Iraqis withdraw the request. Soon after, President Bush sends Wilson a cable lauding his courage and his outspokeness (see November 29, 1990). [Wilson, 2004, pp. 153-154; Unger, 2007, pp. 311] Conservative columnist Robert Novak co-writes a piece about Wilson that says, “He shows the stuff of heroism.” Novak will later reveal the covert CIA status of Wilson’s wife, Valerie Plame Wilson, as an act of political retaliation (see July 14, 2003). [Wilson, 2004, pp. 153-154]

Entity Tags: Tariq Aziz, Joseph C. Wilson, Robert Novak, Saddam Hussein, George Herbert Walker Bush

Timeline Tags: Events Leading to Iraq Invasion, US-Iraq 1980s

’Nayirah’ testifying before Congress.’Nayirah’ testifying before Congress. [Source: Web Fairy (.com)]An unconfirmed report of Iraqi soldiers entering a Kuwaiti hospital during the Iraqi invasion of Kuwait (see August 2, 1990) and removing newborns from their incubators causes a sensation in the US media. The rumor, which later turns out to be false, is seized upon by senior executives of the PR firm Hill & Knowlton, which has a $11.9 million contract from the Kuwaiti royal family to win support for a US-led intervention against Iraq—the largest foreign-funded campaign ever mounted to shape US public opinion. (Under the Foreign Agents Registration Act, the firm should have been held accountable for its marketing campaign, but the Justice Department fails to intervene.) The firm also has close ties to the Bush administration, and will assist in marketing the war to the US citizenry. [Christian Science Monitor, 9/6/2002; Independent, 10/19/2003; Public Relations Watch, 6/3/2007] Hill & Knowlton uses a front group, “Citizens for a Free Kuwait” (see August 11, 1990), to plant the stories in the news media.
Congressional Hearings - Hearings on the story, and other tales of Iraqi atrocities, are convened by the Congressional Human Rights Caucus, chaired by Representatives Tom Lantos (D-CA) and John Porter (R-IL). Reporters John Stauber and Sheldon Rampton will later characterize the caucus as little more than an H&K-funded sham; Lantos and Porter are also co-chairs of the Congressional Human Rights Foundation, a legally separate entity that occupied free office space in Hill & Knowlton’s Washington, DC offices. The star of the hearings is a slender, 15-year old Kuwaiti girl called “Nayirah.” According to the Caucus, her true identity is being concealed to prevent Iraqi reprisals against her or her family. Sobbing throughout her testimony, “Nayirah” describes what she says she witnessed in a hospital in Kuwait City; her written testimony is provided to reporters and Congressmen in a media kit prepared by Citizens for a Free Kuwait. “I volunteered at the al-Addan hospital,” she tells the assemblage. “While I was there, I saw the Iraqi soldiers come into the hospital with guns, and go into the room where… babies were in incubators. They took the babies out of the incubators, took the incubators, and left the babies on the cold floor to die.” [Christian Science Monitor, 9/6/2002; Los Angeles Times, 1/5/2003; Public Relations Watch, 6/3/2007] The hearings, and particularly “Nayirah’s” emotional tale, inflame American public opinion against the Iraqis (see October 10, 1990 and After) and help drum up support for a US invasion of Iraq (see January 9-13, 1991).
Outright Lies - Neither Lantos, Porter, nor H&K officials tell Congress that the entire testimony is a lie. “Nayirah” is the daughter of Saud Nasir al-Sabah, the Kuwaiti ambassador to the US. Neither do they reveal that “Nayirah’s” testimony was coached by H&K vice president Lauri Fitz-Pegado. Seven other “witnesses” testify to the same atrocities before the United Nations; the seven use false names and identities. The US even presents a video made by Hill & Knowlton to the Security Council. No journalist investigates the claims. As author Susan Trento will write: “The diplomats, the congressmen, and the senators wanted something to support their positions. The media wanted visual, interesting stories.” It is not until after the war that human rights investigators look into the charges. No other witnesses can be located to confirm “Nayirah’s” story. Dr. Mohammed Matar, director of Kuwait’s primary care system, and his wife, Dr. Fayeza Youssef, who runs the obstretrics unit at the maternity hospital, says that at the time of the so-called atrocities, few if any babies were in incubator units—and Kuwait only possesses a few such units anyway. “I think it was just something for propaganda,” Dr. Matar will say. It is doubtful that “Nayirah” was even in the country at the time, as the Kuwaiti aristocracy had fled the country weeks before the Iraqi invasion. Amnesty International, which had supported the story, will issue a retraction. Porter will claim that he had no knowledge that the sobbing little girl was a well-rehearsed fabricator, much less an ambassador’s daughter. Canadian Broadcasting Corporation reporters will ask al-Sabah for permission to question his daughter about her testimony; he will angrily refuse. “Naiyrah” herself will later admit that she had never been in the hospital herself, but had learned of the supposed baby murders from a friend. In a subsequent interview about media manipulation during the war, Fitz-Pegado will say: “Come on.… Who gives a sh_t whether there were six babies or two? I believed her.” She will later clarify that statement: “What I meant was one baby would be too many.” [CounterPunch, 12/28/2002; Independent, 10/19/2003; Public Relations Watch, 6/3/2007]

Entity Tags: Susan Trento, Tom Lantos, Sheldon Rampton, US Congress, United Nations Security Council, Saud Nasir al-Sabah, US Department of Justice, Mohammed Matar, Lauri Fitz-Pegado, Citizens for a Free Kuwait, ’Nayirah’, Amnesty International, Bush administration (41), John Stauber, Congressional Human Rights Caucus, Canadian Broadcasting Corporation, Fayeza Youssef, John MacArthur, John Porter, Hill and Knowlton, Congressional Human Rights Foundation, Jack O’Dwyer

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

In July 1990, the “Blind Sheikh,” Sheikh Omar Abdul-Rahman, was mysteriously able to enter the US and remain there despite being a well known public figure and being on a watch list for three years (see July 1990).
bullet In late October 1990, he travels to London, so he is out of the US when one of his followers assassinates the Zionist rabbi Meir Kahane on November 5, 1990 (see November 5, 1990). He returns to the US in mid-November under the name “Omar Ahmed Rahman” and again has no trouble getting back in despite still being on the watch list. [Washington Post, 7/13/1993]
bullet The State Department revokes his US visa on November 17 after the FBI informs it that he is in the US. [New York Times, 12/16/1990]
bullet In December 1990, Abdul-Rahman leaves the US again to attend an Islamic conference in Copenhagen, Denmark. He returns nine days later and again has no trouble reentering, despite not even having a US visa at this point. [Washington Post, 7/13/1993]
bullet On December 16, 1990, the New York Times publishes an article titled, “Islamic Leader on US Terrorist List Is in Brooklyn,” which makes his presence in the US publicly known. The Immigration and Nationalization Service (INS) is said to be investigating why he has not been deported already. [New York Times, 12/16/1990]
bullet Yet in April 1991, the INS approves his application for permanent residence.
bullet He then leaves the US again in June 1991 to go on the religious hajj to Mecca, Saudi Arabia, and returns on July 31, 1991. INS officials identify him coming in, but let him in anyway. [New York Times, 4/24/1993; Washington Post, 7/13/1993]
bullet In June 1992, his application for political asylum will be turned down and his permanent residence visa revoked. But INS hearings on his asylum bid are repeatedly delayed and still have not taken place when the WTC is bombed in February 1993 (see February 26, 1993). [Lance, 2003, pp. 105-106]
bullet Abdul-Rahman then goes to Canada around October 1992 and returns to the US yet again. The US and Canada claim to have no documentation on his travel there, but numerous witnesses in Canada see him pray and lecture there. Representative Charles Schumer (D-NY) says, “Here they spent all this time trying to get him out. He goes to Canada and gives them the perfect reason to exclude him and they don’t.”
bullet After the WTC bombing, the US could detain him pending his deportation hearing but chooses not to, saying it would be too costly to pay for his medical bills. [New York Times, 4/24/1993]
Abdul-Rahman will be involved in the follow up “Landmarks” plot (see June 24, 1993) before finally being arrested later in 1993. It will later be alleged that he was protected by the CIA. In 1995, the New York Times will comment that the link between Abdul-Rahman and the CIA “is a tie that remains muddy.” [New York Times, 10/2/1995]

Entity Tags: US Department of State, Meir Kahane, US Immigration and Naturalization Service, Omar Abdul-Rahman, Charles Schumer, Federal Bureau of Investigation, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Defense Secretary Dick Cheney testifies to the Senate on the upcoming invasion of Iraq (see August 2, 1990). Senator Ted Kennedy (D-MA) asks Cheney bluntly, “Now, barring an act of provocation, do you agree that the president must obtain the approval of Congress in advance before the United States attacks Iraq?” Cheney replies that he “does not believe the president requires any additional authorization from the Congress before committing US forces to achieve our objectives in the Gulf.” Cheney cites “more than two hundred” earlier instances where presidents have committed US forces into conflicts, “and on only five of those occasions was their a prior declaration of war. And so I am not one who would argue… that the president’s hands are tied, or that he is unable, given his constitutional responsibilities as commander in chief, to carry out his responsibilities.” Author John Dean will note in 2007, “Cheney had announced to Congress, in essence, that he did not need their authority to go to war.” Kennedy says of Cheney’s statement after the hearings, “We’ve not seen such arrogance in a president since Watergate.” [Dean, 2007, pp. 90]

Entity Tags: Richard (“Dick”) Cheney, Edward M. (“Ted”) Kennedy, John Dean

Timeline Tags: Events Leading to Iraq Invasion, US-Iraq 1980s

Early diagram of V-22 Osprey.Early diagram of V-22 Osprey. [Source: US Navy]Defense Secretary Dick Cheney refuses to issue contracts for the trouble-plagued V-22 Osprey, a vertical takeoff and landing (VTOL) airplane designed to replace the Vietnam-era Sea Stallion helicopters. Cheney opposes the Osprey, but Congress has voted to appropriate funds for the program anyway. Cheney refuses to issue contracts, reviving the Nixon-era practice of “impounding” funds, refusing to spend money Congress has already appropriated. The practice of impoundment was made illegal by Congressional legislation in 1974; Cheney believes the anti-impoundment law to be illegal, and ignores it. Many look at Cheney’s opposition to the Osprey as an unusual example of fiscal restraint from Cheney, who is well known to favor most high-budget defense programs, but author and reporter Charlie Savage will cite the Osprey example as an instance of Cheney attempting to impose the executive branch’s will on the legislature. The Osprey will become operational in 2006. [Wired News, 7/2005; Savage, 2007, pp. 62]

Entity Tags: Richard (“Dick”) Cheney, Charlie Savage

Timeline Tags: Civil Liberties

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