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Context of 'November 6-10, 2001: Cheney Advisers and Justice Department Lawyer Yoo Write Proposal Denying Terror Suspects Right to Courts'

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Congress passes the Civil Service Reform Act, also called the Pendleton Act, which expands on the previously passed Naval Appropriations Bill, which prohibited government officials and employees from soliciting campaign donations from Naval Yard workers (see 1867). This bill extends the law to cover all federal civil service workers. Before this law goes into effect, government workers are expected to make campaign contributions in order to keep their jobs. The law was prompted by the assassination of President James Garfield by a person who believed he had been promised a job in the Garfield administration. The law establishes a “merit system” in place of the old “patronage” system of receiving government posts. [Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Connecticut Network, 2006 pdf file]

Entity Tags: Naval Appropriations Bill, Civil Service Reform Act, James A. Garfield

Timeline Tags: Civil Liberties

The presidential election is plagued with scandal and large monetary expenditures. William McKinley (R-OH) is the recipient of some $16 million in spending, a lavish amount for the time. The campaigns of both McKinley and his opponent, William Jennings Bryan (D-NE), are accused of bribery and poor ethical conduct. Mark Hanna, McKinley’s chief fundraiser and the chair of the Republican National Committee (RNC), devises a system of quotas for large corporations. Hanna raises between $6-7 million in donations from corporations through this quota system, in return for strong support of a big-business agenda. McKinley promises to oppose the establishment of silver coinage, supports protective tariffs, and other pro-corporate positions. The campaign is so fraught with controversy that the public begins demanding regulation and oversight of campaign funding practices. [Campaign Finance Timeline, 1999]

Entity Tags: Mark Hanna, William Jennings Bryan, William McKinley, Republican National Committee

Timeline Tags: Civil Liberties

A 1902 portrait of President Roosevelt.A 1902 portrait of President Roosevelt. [Source: Library of Congress]In a speech given to an audience in Providence, Rhode Island, later entitled “The Control of Corporations,” President Theodore Roosevelt gives a passionate warning about the dangers of the nation’s prosperity being concentrated in the hands of the few, and particularly under the control of a few large corporations. Roosevelt says: “One of the features of the tremendous industrial development of the last generation has been the very great increase in private, and especially in corporate, fortunes.… Where men are gathered together in great masses it inevitably results that they must work far more largely through combinations than where they live scattered and remote from one another.… It is not true that the poor have grown poorer; but some of the rich have grown so very much richer that, where multitudes of men are herded together in a limited space, the contrast strikes the onlooker as more violent than formerly. On the whole, our people earn more and live better than ever before, and the progress of which we are so proud could not have taken place had it not been for the up building of industrial centers, such as this in which I am speaking. But together with the good there has come a measure of evil.… Under present-day conditions it is as necessary to have corporations in the business world as it is to have organizations, unions, among wage-workers. We have a right to ask in each case only this: that good, and not harm, shall follow. Exactly as labor organizations, when managed intelligently and in a spirit of justice and fair play, are of very great service not only to the wage-workers, but to the whole community, as has been shown again and again in the history of many such organizations; so wealth, not merely individual, but corporate, when used aright is not merely beneficial to the community as a whole, but is absolutely essential to the upbuilding of such a series of communities as those whose citizens I am now addressing.… The great corporations which we have grown to speak of rather loosely as trusts are the creatures of the state [the federal government], and the state not only has the right to control them, but it is in duty bound to control them wherever the need of such control is shown. There is clearly need of supervision—need to possess the power of regulation of these great corporations through the representatives of the public wherever, as in our own country at the present time, business corporations become so very powerful alike for beneficent work and for work that is not always beneficent. It is idle to say that there is no need for such supervision. There is, and a sufficient warrant for it is to be found in any one of the admitted evils appertaining to them.” Such government controls are rightfully difficult to put in place, Roosevelt says, because of the constitutional guarantees afforded both individuals and corporate entities, and because of the disparity of laws enacted in the various states. However, “I believe that the nation must assume this power of control by legislation; if necessary by constitutional amendment,” he says. “The immediate necessity in dealing with trusts is to place them under the real, not the nominal, control of some sovereign to which, as its creatures, the trusts shall owe allegiance, and in whose courts the sovereign’s orders may be enforced.” Such government regulation and oversight must be enforced with caution and restraint, he warns, but nevertheless, it must be enacted. [Theodore Roosevelt (.com), 8/23/1902; ed., 2003, pp. 20-21] Roosevelt’s position is ironic considering the vast corporate contributions he will accept to win the presidency in 1904 (he ascended to the presidency in 1901 after President William McKinley was assassinated). Roosevelt will accept large donations from railroad and insurance interests, and will make a personal appeal to steel baron Henry Clay Frick and other industrialists. Frick will later recall: “He got down on his knees to us. We bought the son of a b_tch and then he did not stay bought.” During his second term, Roosevelt will strive to pass significant campaign finance reform legislation that would ban some of the techniques he will use to regain office. [New Yorker, 5/21/2012]

Entity Tags: Theodore Roosevelt, Henry Clay Frick, William McKinley

Timeline Tags: Civil Liberties

President Theodore “Teddy” Roosevelt, in a speech given to the US Congress, proposes that corporations be expressly forbidden by law from contributing money “to any political committee or for any political purpose.” Neither should corporate directors be permitted to use stockholders’ money for political purposes. Roosevelt does not say that corporate owners should be so restricted. Roosevelt also says federal campaigns should be publicly financed via their political parties. Roosevelt’s proposal is made in part because he was accused of improperly accepting corporate donations for his 1904 presidential campaign. [Miller Center, 12/5/1905; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] Roosevelt, who has made similar statements in the past (see August 23, 1902), will echo these proposals in additional speeches. [Connecticut Network, 2006 pdf file] Two years later, Roosevelt will sign into law a bill proscribing such donations (see 1907).

Entity Tags: 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

The Federal Corrupt Practices Act (FCPA), also called the Publicity Act, is passed. It will remain the backbone of American campaign finance regulation until expanded in 1925 (see 1925). It expands upon the Tillman Act’s prohibition against corporate and bank donations to federal election campaigns (see 1907) by enacting campaign spending limits on US House election campaigns. It also requires full disclosure of all monies spent and contributed during federal campaigns. In 1911, the FCPA will be amended to cover Senate elections as well, and to set spending limits on all Congressional races. However, the bill fails to provide for enforcement and verification procedures, so the law remains essentially useless. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] The law is rendered even less powerful after the Supreme Court overturns its provision limiting House and Senate candidate spending. [Pearson Education, 2004]

Entity Tags: Federal Corrupt Practices Act, Tillman Act

Timeline Tags: Civil Liberties

Lawmakers concerned with political reform push for amendments to the Tillman Act (see 1907) and Federal Corrupt Practices Act (FCPA—see June 25, 1910) that would extend those laws’ campaign finance restrictions to primary elections. Particularly strong in their support are reformers in the new Western and old Northern Republican-dominated states, who resent the Southern Democrats’ grip on their region of the country. Democrats have a powerful grip on the South, largely because few Southerners will countenance voting or campaigning as a Republican due to the Republican Party’s support for Reconstructionist policies after the Civil War. Southern Democrats are outnumbered in Congress, and unable to prevent the amendments from being passed. [Campaign Finance Timeline, 1999] The amendments will be found unconstitutional four years later (see 1921).

Entity Tags: US Congress

Timeline Tags: Civil Liberties

1921: Supreme Court Weakens Campaign Finance Laws

In US v. Newberry, the Supreme Court finds some amendments to campaign finance laws (see 1911) unconstitutional, weakening the body of campaign finance law even further. The campaign finance laws in force (see 1907 and June 25, 1910) were already ineffective and rarely enforced by state attorneys general. And corporations and other special interests find it quite simple to circumvent the laws via loopholes. The case involves a Northern Republican primary race for the US Senate. Popular and powerful businessman Henry Ford (R-MI) lost the race due to enormous campaign expenditures and advertising by his opponent, and asked the US attorney general to intervene. The case stemming from Ford’s request results in the Court decision. The Court finds that the amendments are invalid because neither political parties nor election primaries are mentioned in the Constitution. The Founders had not considered having a two- or three-party system in place, and had envisioned the US as being governed by a single party that represented all interests. A two-party system did not emerge in American politics on a national scale until 1828. The Court, by maintaining a strict constitutional interpretation, sorely weakens campaign finance regulation. [Campaign Finance Timeline, 1999]

Entity Tags: US Supreme Court, Henry Ford

Timeline Tags: Civil Liberties

The federal government revises and expands the Federal Corrupt Practices Act (FCPA—see June 25, 1910), a campaign finance law that lacks any enforcement or verification mechanisms, in the wake of the Teapot Dome corruption scandal. The amended version codifies and revises the expenditure limits and disclosure procedures for US Congressional candidates. It will replace the original FCPA as well as its predecessor, the Tillman Act (see 1907), and will remain the backbone of American campaign finance law until 1971. All campaign spending is strictly regulated, with contributions of $50 and over during a calendar year mandated to be reported. Senatorial candidates can spend no more than three cents for each voter in the last election, to a maximum of $25,000. House candidates may also spend up to three cents per voter in the last election, up to a $5,000 maximum. Offers of patronage and contracts are banned, as is any form of bribery. Corporate contributions of all kinds are banned. However, the power of enforcement is entirely vested within Congress, and thusly is routinely ignored. [Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Pearson Education, 2004; National Public Radio, 2012] In 1966, President Lyndon B. Johnson will refer to the FCPA as “more loophole than law.” [Connecticut Network, 2006 pdf file; National Public Radio, 2012]

Entity Tags: Tillman Act, Federal Corrupt Practices Act

Timeline Tags: Civil Liberties

American Liberty League logo.American Liberty League logo. [Source: David Pietrusza]Prominent Democrats and Republicans join together to form the American Liberty League (ALL). The organization, according to the founders, exists “to combat radicalism, preserve property rights, uphold and preserve the Constitution.” ALL spokesman Jouett Shouse says ALL will fight to preserve “traditional American political values.” According to the Encyclopedia of the Great Depression, ALL was organized by “disgruntled business conservatives, Wall Street financiers, right-wing opponents of Franklin D. Roosevelt’s New Deal, and defeated rivals within Roosevelt’s Democratic Party.” ALL is financed by, among others, industrialists Pierre, Irenee, and Lammot du Pont; former Democratic Party chairman John J. Raskob; financier E.F. Hutton; and executive Sewell Avery of the department store chain Montgomery Ward. Most of the politicians in the organization are Republicans, but these are joined by anti-Roosevelt Democrats such as Alfred E. Smith, who ran for president in 1928. Many ALL members were once part of the Association against the Prohibition Amendment, which fought to re-legalize the US liquor industry. ALL unsuccessfully fights to block federal regulations and additional taxes on business, the creation of public power utilities, pro-labor barganing rights, agricultural production controls and subsidies, New Deal relief and public jobs programs, the Works Progress Administration (WPA), Social Security, and other Roosevelt-era programs and initiatives. According to the Encyclopedia, “critics effectively lampooned league members as champions of privilege, ungrateful critics of an administration that had saved capitalism, and vindictive and selfish individuals seeking revenge on a president for betraying his social class.” ALL works diligently, but unsuccessfully, to unseat Roosevelt in 1936, backing Republican contender Alfred M. Landon. After Landon loses in a landslide to Roosevelt, the organization fades in prominence. The Encyclopedia concludes that ALL’s “legacy of fund-raising tactics, ideology-driven issues research and public education, and coordination with partisan legislative and electoral campaigns foreshadowed today’s political action committees and independent-expenditure organizations.” [New York Times, 8/23/1934; Encyclopedia of the Great Depression, 1/1/2004] In 2003, columnist Ralph De Toledano will write, “The Liberty League was laughed out of existence by New Yorker cartoonists, who depicted its members looking out over Fifth Avenue and snorting that doomsday was here and Josef Stalin lurked in the bushes.” [Insight, 9/2/2003] In 2010, writer Kevin Drum will compare the American Liberty League to the tea party movement (see September 2010). [Mother Jones, 9/2010]

Entity Tags: Franklin Delano Roosevelt, E.F. Hutton, Alfred M. Landon, Alfred E. Smith, Works Progress Administration, Sewell Avery, Pierre du Pont, American Liberty League, Jouett Shouse, John J. Raskob, Irenee du Pont, Kevin Drum, Lammot du Pont, Ralph De Toledano

Timeline Tags: Domestic Propaganda

Congress passes the Public Utilities Holding Act, which bars public utility companies from making federal campaign contributions. Essentially, the act extends the ban on corporate contributions (see 1925) to utility companies, as they are not covered under existing law, and, under the administration of President Franklin Roosevelt, are growing rapidly in power and influence. Roosevelt had been elected to office in 1932 on a platform of “good government,” a longtime staple of Democratic Party platforms. The message played particularly well with voters after the economic policies and political corruption of the administration of President Herbert Hoover, a Republican, were widely blamed for the Great Depression. Republicans, stung by the failures of the Hoover administration, also declare their support for campaign finance reform, and the act passes with little resistance. [Campaign Finance Timeline, 1999]

Entity Tags: Franklin Delano Roosevelt, Democratic Party, Republican Party, US Congress, Herbert Hoover

Timeline Tags: Civil Liberties

The German Reich Ministry of Justice issues a secret memo following a meeting of several Justice Ministry lawyers and public prosecutors with senior Gestapo officers. The participants discuss the fact that Germany has been on a war footing for years, and the leaders’ worry that the citizenry is riddled with sleeper cells of subversives. The solution: detaining and torturing subversives. It is unclear whether torture will be used to terrorize other subversives, to extract information, or produce confessions. German law enforcement officials are balky at applying “more rigorous interrogation” techniques. Though some judges seem unmoved by defendants appearing in court with obvious marks of torture upon their bodies, the law enforcement officers are bureaucrats in a system that has always respected the rule of law and the Hitler government was originally elected on a law-and-order platform. The memo is the product of the top officials in the Gestapo and Justice Ministry, and lays out detailed instructions as to when torture techniques can be applied, the specific equipment used in such interrogations, and how many times particular techniques could be used on certain categories of detainees. Perhaps most importantly, the memo promises immunity from prosecution to any German interrogator who follows the rules as laid down in the memo.
Specific Instructions - It reads in part: “At present, we thus have a situation which cannot continue: a deficient sense of what is right on the part of judicial officers; an undignified position for police officers, who try to help matters by foolish denials [that torture has taken place in court proceedings].… [I]nterrogations of this kind [torture] may be undertaken in cases where charges involve the immediate interests of the state.… chiefly treason and high treason. Representatives of the Gestapo expressed the opinion that a more rigorous interrogation could also be considered in cases of Jehovah’s Witnesses, explosives, and sabotage.… As a general principle, in more rigorous interrogations only blows with a club on the buttocks are permissible, up to 25 such blows. The number is to be determined in advance by the Gestapo.… Beginning with the tenth blow, a physician must be present. A standard club will be designated, to eliminate all irregularities.” Gestapo Headquarters in Berlin must give permission for more “rigorous interrogation[s],” the memo continues.
Drawing Parallels to Bush Administration Torture - The memo will be the subject of a 2009 article by Shayana Kadidal, the senior managing attorney of the Guantanamo project at the Center for Constitutional Rights. Kadidal will draw parallels between the Nazi torture authorization and similar legal justifications issued by the American government after the 9/11 attacks (see March 2, 2009 and April 21, 2009). Kadidal will write: “I realize that, as a matter of principle, there is a strong bias against making Nazi analogies to any events happening in our modern world.… But here we have: (1) a system set up to allow torture on certain specific individual detainees, (2) specifying standardized equipment for the torture (apparently down to the exact length of the club to be used), along with physician participation to ensure survival of the victim for the more several applications, (3) requiring prior approval of the use of torture from the central authorities in the justice department and intelligence agency in the capital, so as to ensure that (6) the local field officers actually carrying out the abuse are immune from prosecution.” [Huffington Post, 4/21/2009]

Entity Tags: Gestapo, Shayana Kadidal, German Reich Ministry of Justice

Timeline Tags: Torture of US Captives

Amendments to the federal Hatch Act of 1939, also known as the Clean Politics Act, set limits of $5,000 per year on individual contributions to a federal candidate or political committee. However, they do not prohibit donations from the same individual to multiple committees all working for the same candidate. The restrictions apply to primary elections as well as federal elections. Additionally, they bar contributions to federal candidates from individuals and businesses working for the federal government. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file]

Entity Tags: Hatch Act of 1939

Timeline Tags: Civil Liberties

The Smith-Connally Act restricts contributions to federal candidates from labor unions as well as from corporate and interstate banks (see 1925). The law is passed in response to the powerful influence of labor unions in elections beginning in 1936, where some unions used labor dues to support federal candidates [Center for Responsive Politics, 2002 pdf file] , and by public outrage at a steelworkers’ union going on strike for higher wages during the war, an action characterized by many as unpatriotic. The law was written both to punish labor unions and to make lawmakers less dependent on them and their contributions. [Campaign Finance Timeline, 1999] One example held up to scrutiny is the 1936 donation of $500,000 in union funds to the Democratic Party by John L. Lewis of the Congress of Industrial Organizations (CIO). [Connecticut Network, 2006 pdf file] Motivated by anti-union and anti-liberal sentiment after the war’s end, the Taft-Hartley Act (see June 23, 1947) will make the ban permanent. [Campaign Finance Timeline, 1999]

Entity Tags: Smith-Connally Act, Democratic Party, Congress of Industrial Organizations, John L. Lewis

Timeline Tags: Civil Liberties

1944: Labor Union Forms First PAC

The first “political action committee,” or PAC, is formed by the Congress of Industrial Organizations (CIO), a powerful labor union, on behalf of the efforts to re-elect President Franklin D. Roosevelt. PAC donations come from voluntary contributions and not labor dues, and therefore the donations are not prohibited (see June 25, 1943). [Center for Responsive Politics, 2002 pdf file; National Public Radio, 2012]

Entity Tags: Franklin Delano Roosevelt, Congress of Industrial Organizations

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

In the aftermath of World War II, Japanese officer Yukio Asano is charged by a US war crimes tribunal for torturing a US civilian. Asano had used the technique of “waterboarding” on the prisoner (see 1800 and After). The civilian was strapped to a stretcher with his feet in the air and head towards the floor, and water was poured over his face, causing him to gasp for air until he agreed to talk. Asano is convicted and sentenced to 15 years of hard labor. Other Japanese officers and soldiers are also tried and convicted of war crimes that include waterboarding US prisoners. “All of these trials elicited compelling descriptions of water torture from its victims, and resulted in severe punishment for its perpetrators,” reporter Evan Wallach will later write. In 2006, Senator Edward Kennedy (D-MA), discussing allegations of US waterboarding of terror suspects, will say in regards to the Asano case, “We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II.” [Washington Post, 10/5/2006; National Public Radio, 11/3/2007]

Entity Tags: Yukio Asano, Evan Wallach, Edward M. (“Ted”) Kennedy

Timeline Tags: Torture of US Captives

The Taft-Hartley Act makes permanent the ban on contributions to federal candidates from unions (see June 25, 1943), corporations, and interstate banks (see 1925), and extends the regulations to cover primaries as well as general elections. It also requires union leaders to affirm that they are not supporters of the Communist Party. President Harry S. Truman unsuccessfully vetoed the bill when it was sent to his desk, and when Congress passes it over his veto, he echoes AFL-CIO leader John L. Lewis by denouncing the law as a “slave-labor bill.” Taft-Hartley declares the unions’ practice of “closed shops” illegal (employers agreeing with unions to hire only union members, and require employees to join the union), and permits unions to have chapters at a business only if approved by a majority of employees. The law also permits employers to refuse to bargain with unions if they choose. And, it grants the US attorney general the power to obtain an 80-day injunction if in his judgment a threatened or actual strike “imperil[s] the national health or safety.” [Federal Elections Commission, 1998; U-S History (.com), 2001; Center for Responsive Politics, 2002 pdf file; John Simkin, 2008]

Entity Tags: John L. Lewis, Harry S. Truman, Taft-Hartley Act

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

One of the first schools to implement desegregation is Barnard Elementary in Washington, DC. This photo shows black and white children in the same classroom.One of the first schools to implement desegregation is Barnard Elementary in Washington, DC. This photo shows black and white children in the same classroom. [Source: Library of Congress]The landmark US Supreme Court case Oliver Brown v. Board of Education of Topeka, Kansas, rules that racial segregation in public schools violates the Fourteenth Amendment. The unanimous decision overturns the doctrine of “separate but equal” education codified in the 1896 Plessy v. Ferguson ruling (see 1896). The case was argued by the Legal Defense and Educational Fund, the legal arm of the National Association for the Advancement of Colored People (NAACP). The organizations filed the suit as a challenge to the “separate but equal” doctrine, and combined five separate cases under the one Brown v. Board of Education rubric. The Supreme Court heard arguments on the case three different times in three years. In a unanimous decision, the Court finds that the “separate but equal” doctrine violates the equal protection and due process clauses of the Fourteenth Amendment, and orders desegregation “with all deliberate speed.” Chief Justice Earl Warren wants to send a powerful signal to the nation in the ruling, and works to craft a unanimous decision with no dissents or even concurrences. He writes the Court’s opinion himself, but seeks the input of the other justices in two draft opinions that he tailors into his final opinion. One of the compromises he is forced to make is to put off the question of actually implementing desegregation until a later time, inadvertently allowing many states to keep segregationist practices in place for decades. Warren says the opinion should be “short, readable by the lay public, non-rhetorical, unemotional, and, above all, non-accusatory.” Justice William O. Douglas is delighted by Warren’s opinion, and in a note to Warren, writes: “I do not think I would change a single word in the memoranda you gave me this morning. The two draft opinions meet my idea exactly. You have done a beautiful job.” Justice Harold H. Burton writes a memo to Warren reading in part: “Today I believe has been a great day for America and the Court.… I cherish the privilege of sharing in this.… To you goes the credit for the character of the opinions which produced the all important unanimity. Congratulations.” In an internal memo, Justice Felix Frankfurter writes of the practice of segregation: “That it is such has been candidly acknowledged by numerous accounts & adjudications in those states where segregation is enforced. Only self conscious superiority or inability to slip into the other fellow’s skin can fail to appreciate that.” Frankfurter says the ruling makes for “a day of glory.” Some right-wing and segregationist organizations condemn the ruling; Warren is forwarded a letter from an official of the Sons of the American Revolution claiming the ruling is attributable to “the worldwide Communist conspiracy” and that the NAACP is financed by “a Communist front.” President Eisenhower will take strong action to reduce segregation in America, but refuses to endorse the Court’s ruling. In 1967, one of the NAACP’s lead attorneys in the case, Thurgood Marshall, will go on to serve on the Supreme Court. [Library of Congress, 1994; American Civil Liberties Union, 2012]

Entity Tags: National Association for the Advancement of Colored People, Earl Warren, Dwight Eisenhower, Felix Frankfurter, Legal Defense and Educational Fund, Thurgood Marshall, Harold H. Burton, William O. Douglas, US Supreme Court, Sons of the American Revolution

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

A Time magazine profile lambasts the racist, anti-Communist John Birch Society (JBS—see December 2011), in what is many Americans’ first exposure to the group. It delineates the organization’s penchant for secrecy, its domination by its “dictatorial” leader, Robert Welch, and its hardline battle against almost every element of the federal government as “agents of Communism.” Forty to 60 percent of the federal government is controlled by Communism, the JBS believes. Time calls the organization “a tiresome, comic-opera joke” that nonetheless has cells in 35 states and an ever-widening influence. In Wichita, Kansas, JBS student members are trained to inform their cell leaders of “Communist” influences they may detect in their classroom lectures, and the offending teacher is berated by parents. A Wichita businessman who wanted to give a donation to the University of Wichita decided not to donate after being hounded by local JBS members, who wanted the university to fire professors and remove selected books from its library. “My business would be wrecked,” the businessman explains, “if those people got on the phone and kept on yelling that I am a Communist because I give money to the school.” Nashville, Tennessee, JBS members organize community members to verbally attack neighbors whom they suspect of Communist affiliations. JBS’s current priority, Time writes, is to bring about the impeachment of Chief Justice Earl Warren. Welch, who obtained his wealth from his brother’s candymaking business, believes that Social Security and the federal income tax are all part of the “creeping socialism” that is taking over the federal government. He retired from the business in 1957 and founded the JBS shortly thereafter, naming it for a US Navy captain killed by Chinese Communist guerrillas after the end of World War II. Welch’s seminal tract, “The Politician,” accuses President Eisenhower and his brother Milton Eisenhower of being Communist plants, and accuses both men of treason against the nation. [Time, 3/10/1961]

Entity Tags: Milton Eisenhower, John Birch Society, Time magazine, Dwight Eisenhower, Robert Welch, Earl Warren

Timeline Tags: Domestic Propaganda

The cover to the AMA album featuring Ronald Reagan.The cover to the AMA album featuring Ronald Reagan. [Source: Larry DeWitt]The American Medical Association (AMA) releases an 11-minute spoken-word album (LP) featuring actor and promising conservative politician Ronald Reagan. Reagan speaks against what he and the AMA call the “socialized medicine” of Medicare, currently being considered in Congress as part of legislation proposed by Democrats Cecil King and Clinton Anderson; many refer to the legislation as the King-Anderson bill. The AMA, along with most Congressional Republicans and a good number of Democrats, has been fighting the idea of government-provided health care since 1945 (see 1962).
Socialism Advancing under Cover of Liberal Policies - Reagan begins by warning that as far back as 1927, American socialists determined to advance their cause “under the name of liberalism.” King-Anderson is a major component of the secret socialist agenda, Reagan says. “One of the traditional methods of imposing statism or socialism on a people has been by way of medicine,” he says. “It’s very easy to disguise a medical program as a humanitarian project.” No real American wants socialized medicine, Reagan says, but Congress is attempting to fool the nation into adopting just such a program. It has already succeeded in imposing a socialist program on the country by creating and implementing Social Security, which was originally envisioned to bring “all people of Social Security age… under a program of compulsory health insurance.” Reagan, following the AMA’s position, says that the current “Eldercare” program, often called “Kerr-Mills” for its Congressional sponsors, is more than enough to cover elderly Americans’ medical needs. (Author Larry DeWitt notes that in 1965, Kerr-Mills will be superseded by Medicaid, the medical program for the poor. He will write, “So Reagan—on behalf of the AMA—was suggesting that the nation should be content with welfare benefits under a Medicaid-type program as the only form of government-provided health care coverage.”) King-Anderson is nothing more than “simply an excuse to bring about what [Democrats and liberals] wanted all the time: socialized medicine,” Reagan says. And once the Medicare proposal of King-Anderson is in place, he argues, the government will begin constructing an entire raft of socialist programs, and that, he says, will lead to the destruction of American democracy. “The doctor begins to lose freedom,” he warns. “First you decide that the doctor can have so many patients. They are equally divided among the various doctors by the government. But then doctors aren’t equally divided geographically. So a doctor decides he wants to practice in one town and the government has to say to him, you can’t live in that town. They already have enough doctors. You have to go someplace else. And from here it’s only a short step to dictating where he will go.… All of us can see what happens once you establish the precedent that the government can determine a man’s working place and his working methods, determine his employment. From here it’s a short step to all the rest of socialism, to determining his pay. And pretty soon your son won’t decide, when he’s in school, where he will go or what he will do for a living. He will wait for the government to tell him where he will go to work and what he will do.” DeWitt will note that this is far more extravagant than any of the Medicare proposals ever advanced by any lawmaker: “It was this more apocalyptic version of Medicare’s potential effects on the practice of medicine that Reagan used to scare his listeners.”
Advocating Letter-Writing Campaign - Reagan tells his listeners that they can head off the incipient socialization of America by engaging in a nationwide letter-writing campaign to flood Congress with their letters opposing King-Anderson. “You and I can do this,” he says. “The only way we can do it is by writing to our congressman even if we believe he’s on our side to begin with. Write to strengthen his hand. Give him the ability to stand before his colleagues in Congress and say, ‘I heard from my constituents and this is what they want.’”
Apocalypse - If the effort fails, if Medicare passes into law, the consequences will be dire beyond imagining, Reagan tells his audience: “And if you don’t do this and if I don’t do it, one of these days you and I are going to spend our sunset years telling our children, and our children’s children, what it once was like in America when men were free.” Reagan is followed up by an unidentified male announcer who reiterates Reagan’s points and gives “a little background on the subject of socialized medicine… that now threatens the free practice of medicine.” Reagan then makes a brief closing statement, promising that if his listeners do not write those letters, “this program I promise you will pass just as surely as the sun will come up tomorrow. And behind it will come other federal programs that will invade every area of freedom as we have known it in this country, until, one day… we will awake to find that we have socialism. And if you don’t do this, and if I don’t do it, one of these days, you and I are going to spend our sunset years telling our children, and our children’s children, what it once was like in America when men were free.” [Larry DeWitt, 9/2004; TPMDC, 8/25/2009]

Entity Tags: Cecil King, Ronald Reagan, American Medical Association, Larry DeWitt, Clinton Anderson, Medicare

Timeline Tags: US Health Care, Domestic Propaganda

W. Cleon Skousen.W. Cleon Skousen. [Source: Skousen2000 (.com)]Author W. Cleon Skousen, a supporter of the John Birch Society (JBS—see December 2011), writes an article attacking the Time profile of the JBS (see March 10, 1961) as being part of an orchestrated Communist attack on the organization. The article came about after the international Communist Party “ordered” the “annihilation” of the JBS, Skousen says. Skousen denies the group’s penchant for secrecy, saying that it was openly set up in 1958 as a network of “study groups” examining the threat of Communism to American society. The organization, he writes, is nothing more than “a study group program with a strong bias in favor of traditional American constitutionalism.” By 1960, the JBS earned the enmity of competing conservative groups, Skousen says, because the organization “had rallied together most of the best informed and hardest working patriots in many cities.” However, he writes, JBS members tend to be part of other conservative movements as well. The JBS worked to defeat a bill, slated to be introduced in January 1961, that would largely defund the House Committee on Un-American Activities “so it could not investigate the Communist Party.” Skousen says that JBS efforts derailed the bill, handing the American Communist Party “an overwhelming defeat.” After the bill was defeated, Skousen says, “a manifesto… from Moscow” ordered the destruction of the JBS, as it posed the primary danger to “Communist progress” in the US. The Time magazine profile of the JBS was part of that effort, Skousen says, after the organization was attacked in the pages of the Daily People’s World, a West Coast publication that Skousen says was “the official Communist newspaper” of that area. Within days, the information in the article was reprinted in Time’s own article, which reached far more people than the People’s World. “[T]he thing which astonished me,” Skousen writes, “was the rapidity with which the transmission belt began to function so that this story was planted in one major news medium after another until finally even some of the more conservative papers had taken up the hue and cry.” Skousen calls the article a Communist plant filled with fabrications and lies. He says that JBS leader Robert Welch’s accusations that President Eisenhower and other pro-American world leaders are Communists were made in “private communication[s] to his friends” and were never part of official JBS principles, and took place well before Welch founded the JBS in 1957; therefore, Skousen writes, to report Welch’s characterizations is to smear the JBS. Skousen also denies any racism or anti-Semitism on the JBS’s part, and uses a sympathetic 1963 report by the California Senate Factfinding Committee to “prove” his claims. The report concluded that Welch and the JBS have “stirred the slumbering spirit of patriotism in thousands of Americans, roused them from lethargy, and changed their apathy into a deep desire to first learn the facts about communism and then implement that knowledge with effective and responsible action.” Skousen concludes that while Americans are free to disagree with JBS principles and actions, any criticism of the organization should be considered potential Communist propaganda designed to smear the organization and reduce its effectiveness. If the criticism does not come from Communists themselves, it plays into Communist hands. As he claims to have been told by “[a] former member of the Communist Party National Committee,” “The Communist leaders look upon the stamping out of the John Birch Society as a matter of life and death for the Party.” [Our Republic, 1963]

Entity Tags: W. Cleon Skousen, Robert Welch, Daily People’s World, Dwight Eisenhower, John Birch Society, Time magazine

Timeline Tags: Domestic Propaganda

Part of a poster distributed by the John Birch Society in Dallas in the days before President Kennedy’s motorcade travels through that city. Kennedy will be assassinated while in the motorcade.Part of a poster distributed by the John Birch Society in Dallas in the days before President Kennedy’s motorcade travels through that city. Kennedy will be assassinated while in the motorcade. [Source: Spartacus Schoolnet (.com)]The John Birch Society (JBS—see March 10, 1961 and December 2011), an anti-Communist organization that embraces racist and white supremacist ideologies, distrubutes posters throughout Dallas accusing President Kennedy of committing treason against the United States. The poster distribution is timed to coincide with Kennedy’s visit to Dallas, where he is scheduled to drive through the city in a motorcade on November 22. Kennedy will be assassinated during that motorcade. The poster, designed to appear as a “Wanted” notice, enumerates the following “charges” against Kennedy:
bullet “Betraying the Constitution (which he swore to uphold). He is turning the sovereignty of the US over to the Communist controlled United Nations. He is betraying our friends (Cuba, Katanga, Portugal) and befriending our enemies (Russia, Yugoslavia, Poland).”
bullet “He has been WRONG on innumerable issues affecting the security of the US (United Nations, Berlin Wall, Missile Removal, Cuba, Wheat deals, Test Ban Treaty, etc.).”
bullet “He has been lax in enforcing the Communist Registration laws.”
bullet “He has given support and encouragement to the Communist-inspired racial riots.”
bullet “He has illegally invaded a sovereign State with federal troops.”
bullet “He has consistently appointed Anti-Christians to Federal office. Upholds the Supreme Court in Anti-Christian rulings. Aliens and known Communists abound in Federal offices.”
bullet “He has been caught in fantastic LIES to the American people (including personal ones like his previous marriage and divorce).” [Spartacus Schoolnet, 2008]

Entity Tags: John F. Kennedy, United Nations, John Birch Society

Timeline Tags: Domestic Propaganda

For the first time, the clerk of the US House of Representatives does his duty under the law and collects campaign finance reports, as mandated by the 1925 Federal Corrupt Practices Act (see 1925). W. Pat Jennings, a former congressman, turns in a list of violators to the US Department of Justice. Jennings’s list is ignored. [Center for Responsive Politics, 2002 pdf file]

Entity Tags: US Department of Justice, US House of Representatives, Federal Corrupt Practices Act, W. Pat Jennings

Timeline Tags: Civil Liberties

The Washington Post runs a front-page photo of a US soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption says the technique induced “a flooding sense of suffocation and drowning, meant to make him talk.” Because of the photo, the US Army initiates an investigation, and the soldier is court-martialed and convicted of torturing a prisoner. [National Public Radio, 11/3/2007]

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

After Richard Nixon wins the presidency (see November 5, 1968), he orders a review of the Sentinel anti-ballistic missile program (see September 18, 1967). It is suspended and later reintroduced in a more modest form under the moniker “Safeguard.” Nixon says the program will protect “our land-based retaliatory forces against a direct attack by the Soviet Union.” Safeguard has serious conception and design flaws, and is never completely deployed; when the 1972 Anti-Ballistic Missile Treaty is signed with the Soviet Union (see May 26, 1972), the program is scaled back and eventually terminated by Congress. Author Stephen Schwartz will later write that the Sentinel/Safeguard program is “the only time that Congress has successfully voted down a major strategic nuclear weapons program supported by the executive branch.” [Schwartz, 1998, pp. 286-288; Federation of American Scientists, 1/15/2008]

Entity Tags: Richard M. Nixon, Sentinel, Stephen Schwartz, Safeguard

Timeline Tags: US International Relations

November 17, 1969: SALT I Talks Begin

Impelled in part by anti-ballistic missiles deployed in both the US and the Soviet Union (see September 18, 1967 and 1969-1976), the two nuclear superpowers begin the first round of Strategic Arms Limitation Talks, later known as SALT I. The negotiations are designed to limit both anti-ballistic missile systems and offensive nuclear arsenals. An agreement will be signed three years later (see May 26, 1972 and May 26, 1972). [Federation of American Scientists, 1/15/2008]

Entity Tags: Sentinel, Safeguard

Timeline Tags: US International Relations

President Nixon orders chief of staff H. R. Haldeman to finalize the creation of a second secret campaign fund (see February 17, 1969). The purpose of this particular fund is to support candidates in the November 1970 midterm elections that Nixon believes are loyal to him. The idea is not necessarily to support Republicans, but to support Nixon loyalists—party is a secondary consideration. “One of our most important projects for 1970 is to see that our major contributors funnel all their funds through us,” Nixon writes. “[W]e can see that they are not wasted in overheads or siphoned off by some possible venal types on the campaign committees… we can also see that they are used more effectively than would be the case if the candidates receive them directly.” The candidates’ fund, eventually dubbed the “Townhouse Operation” or “Town House Project” (so named because all of its dealings must take place in private offices and not in the White House or any campaign offices (see Early 1970)), is to be operated by Haldeman, Secretary of Commerce Maurice Stans (himself a veteran campaign fund-raiser), Senator Strom Thurmond (R-SC)‘s aide Harry Dent, and Dent’s assistant John Gleason. The list of contributors includes Chicago insurance tycoon W. Clement Stone, PepsiCo’s Donald Kendall, and Texas electronics millionaire H. Ross Perot. “Townhouse” is not the only secret campaign fund run from the White House; another is run by Nixon’s close friend millionaire Charles “Bebe” Rebozo, and features $50,000 secretly flown to Nixon’s beach home in Key Biscayne, Florida by an employee of billionaire Howard Hughes. [Reeves, 2001, pp. 153]

Entity Tags: John Gleason, Donald Kendall, Charles ‘Bebe’ Rebozo, H. Ross Perot, H.R. Haldeman, Richard M. Nixon, Harry Dent, Howard Hughes, Strom Thurmond, W. Clement Stone, Maurice Stans

Timeline Tags: Nixon and Watergate, Elections Before 2000

The NSA, following up on its successful pilot program of satellite-based intelligence gathering called “Canyon” (see 1968), develops a much more sophisticated satellite surveillance program called “Rhyolite.” Rhyolite, later renamed “Aquacade,” is a breakthrough in the world of signal intelligence (sigint). Most importantly, it can monitor microwave transmissions, used extensively by the Soviet Union for its most secure transmissions. Its possibilities, says one insider, are “mind-blowing.” Britain’s own security agency, GCHQ, is a full party to Rhyolite/Aquacade. Former Army sigint officer Owen Lewis recalls in 1997, “When Rhyolite came in, the take was so enormous that there was no way of handling it. Years of development and billions of dollars then went into developing systems capable of handling it.” The NSA will pass much of the information it gathers to the GCHQ for transcription and analysis. Subsequently, the NSA will deploy new and even more sophisticated surveillance systems, code-named “Chalet” and “Vortex.” In doing so, it constructs numerous listening stations on friendly foreign soil, including the Menwith Hill facility that will later become a linchpin of the satellite surveillance program known as Echelon (see February 27, 2000). The new programs will revitalize the lapsed sigint alliance between the US, Britain, Canada, Australia, and New Zealand (see July 11, 2001). [Federation of American Scientists, 7/17/1997]

Entity Tags: National Security Agency, Echelon, Rhyolite, Chalet, Government Communications Headquarters, Owen Lewis, Canyon

Timeline Tags: Civil Liberties

Nixon at AMPI rally and convention, September 3, 1971Nixon at AMPI rally and convention, September 3, 1971 [Source: George Mason University]President Nixon meets with members of a farmer’s cooperative, Associated Milk Producers, Inc (AMPI). Nixon and his staff members have secretly colluded with AMPI members to artificially drive up the price of milk in return for $2 million in campaign contributions for Nixon’s 1972 re-election. (Ironically, in 1968, AMPI had supported Democratic candidate Hubert Humphrey, but they now want access to Nixon, and retained former Nixon aide Murray Chotiner as soon as Chotiner left the White House.) In 1969 and 1970, AMPI officials delivered $235,000 to Nixon’s personal lawyer, Herbert Kalmbach, for use in the Townhouse Project (see Early 1970) and other secret campaign operations. AMPI officials agree to government subsidies that will drive the price of milk up to $4.92 per hundredweight after politely listening to Nixon’s ideas of marketing milk as a sedative: “If you get people thinking that a glass of milk is going to make them sleep, I mean, it’ll do just as well as a sleeping pill. It’s all in the head.” Nixon heads off specific discussions of how AMPI money will be delivered, warning: “Don’t say that while I’m sitting here. Matter of fact, the room’s not tapped. Forgot to do that” (see February 1971). After the meeting, Nixon’s aides calculate that the deal will cost the government about $100 million. White House aide John Ehrlichman says as he leaves Nixon’s office: “Better get a glass of milk. Drink it while it’s cheap.” That evening, Chotiner and the president of AMPI, Harold Nelson, transfer the $2 million to Kalmbach in a Washington hotel room. [Reeves, 2001, pp. 309]

Entity Tags: Richard M. Nixon, Murray Chotiner, Harold Nelson, Associated Milk Producers, Inc, John Ehrlichman, Hubert H. Humphrey, Herbert Kalmbach

Timeline Tags: Nixon and Watergate, Elections Before 2000

President Nixon explodes in fury at a Jewish Department of Labor official’s statement to the press about unemployment rates going up. After a tirade about “Jew c_cks_cker[s]” being “radical left-wingers,” “untrustworthy,” and “disloyal,” Nixon orders a study of the number of Jews in that particular Labor Department bureau. “Thirteen of the 35 fit the demographic[s],” the answer reads. [Reeves, 2001, pp. 343-344]

Entity Tags: Richard M. Nixon, US Department of Labor

Timeline Tags: Nixon and Watergate

In a secretly recorded conversation in the Oval Office, President Nixon makes the following comments about Jewish contributors to the Democratic Party: “Please get the names of the Jews. You know, the big Jewish contributors to the Democrats. Could you please investigate some of the [expletive deleted].” The next day, Nixon continues the conversation, asking his chief of staff, H. R. Haldeman: “What about the rich Jews? The IRS is full of Jews, Bob.” Haldeman replies, “What we ought to do is get a zealot who dislikes those people.” Nixon concurs: “Go after them like a son of a b_tch.” Nixon also reacts positively to Haldeman’s idea of the Republicans secretly funding a black independent presidential candidate in 1972 to siphon off Democratic votes: “Put that down for discussion—not for discussion, for action.” [PBS, 1/2/1997]

Entity Tags: Richard M. Nixon, H.R. Haldeman

Timeline Tags: Nixon and Watergate, Elections Before 2000

The massive Federal Election Campaign Act (FECA) is signed into law by President Nixon. (The law is commonly thought of in the context of 1971, when Congress passed it, but Nixon did not sign it into law for several months.) The law is sparked by a rising tide of anger among the public, frustrated by the Vietnam War and the variety of movements agitating for change. The campaign watchdog organization Common Cause sued both the Democratic and Republican National Committees for violating the Federal Corrupt Practices Act (FCPA—see 1925), and though it lost the suit, it exposed the flaws and limitations of the law to the public. Common Cause then led a push to improve campaign finance legislation, aided by the many newly elected and reform-minded members of Congress. FECA repeals the toothless FCPA and creates a comprehensive framework for the regulation of federal campaign financing, from primaries and runoffs to conventions and general elections. The law requires full and timely disclosure of donations and expenditures, and provides broad definitions of both. It sets limits on media advertising as well as on contributions from candidates and their family members. The law permits unions and corporations to solicit voluntary contributions from members, employees, and stockholders, and allows union and corporate treasury money to be used for operating expenses for political action committees (PACs) or for voter drives and the like. It bans patronage or the promise of patronage, and bans contracts between a candidate and any federal department or agency. It establishes strict caps on the amounts individuals can contribute to their own campaigns—$50,000 for presidential and vice-presidential candidates, $35,000 for Senate candidates, and $25,000 for House candidates. It establishes a cap on television advertising at 10 cents per voter in the last election, or $50,000, whichever is higher. [Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Federal Election Commission, 4/2008 pdf file] The difference before and after FECA is evident. Congressional campaign spending reportage from 1968 claimed only $8.5 million, while in 1972, Congressional campaign spending reports will soar to $88.9 million. [Federal Elections Commission, 1998]

Entity Tags: Richard M. Nixon, Federal Corrupt Practices Act, Federal Election Campaign Act of 1972, Common Cause

Timeline Tags: Civil Liberties

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

In the case of Pipefitters Local Union No. 562 et al v. US, the Supreme Court overturns a criminal conviction of the Pipefitters Union for violating the Smith-Connally Act (see June 25, 1943) and the Federal Corrupt Practices Act (FCPA—see 1925). That law bans labor unions from contributing to political campaigns, and Pipefitters Union officials had administered a political action committee (see 1944). The Court, citing the newly passed Federal Election Campaign Act (FECA—see February 7, 1972), overturns the conviction, ruling that FECA “plainly permits union officials to establish, administer, and solicit contributions for a political fund.” The decision is later codified by the amendments to the law (see 1974). [Campaign Finance Timeline, 1999; US Supreme Court Center, 2012]

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

Timeline Tags: Civil Liberties

Andreas Strassmeir, a frequent Elohim City resident and arms expert.Andreas Strassmeir, a frequent Elohim City resident and arms expert. [Source: Eye on Hate (.com)]Robert Millar, a former Mennonite who left Canada for the US in the early 1950s, moves to the Ozark Mountain region of eastern Oklahoma and founds what he calls “Elohim City,” a small compound populated by his four sons and 12 other followers. Elohim City grows to become a 400-acre compound populated with 70 to 100 “Christian Identity” white supremacists and religious extremists, who believe that whites are the only true people and all others are subhuman “mud people” (see 1960s and After). Elohim is a Hebrew word for God. Elohim City, accessible only via a rocky road and a single steel bridge, soon becomes a haven for violent right-wing extremists, including Timothy McVeigh, who will call the compound two weeks before bombing a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and Andreas “Andy the German” Strassmeir, a German weapons buff with ties to neo-Nazi groups and an alleged co-conspirator of McVeigh’s (see August 1994 - March 1995). The residents receive intensive paramilitary training, often led by Strassmeir, and the compound contains a large arsenal of weapons. Elohim City becomes the headquarters of the Aryan Republican Army (see 1992 - 1995), an organization that has Strassmeir as its “chief of security.” Some of the Elohim City residents such as ARA member Dennis Mahon come to believe that Strassmeir is a government informant. Author Nicole Nichols, an expert on right-wing hate groups, will later say she believes Strassmeir is the infamous “John Doe #2” of the Oklahoma City bombing (see April 20, 1995). [Associated Press, 2/23/1997; Time, 2/24/1997; Nicole Nichols, 2003; Nicole Nichols, 2003; Nicole Nichols, 2003] A 2002 report by the Anti-Defamation League says that after the Oklahoma City bombing, Elohim City changes to become a less militant settlement, populated largely by white separatists and religious fundamentalists seeking to withdraw from the world. Before his death in 2001, Millar says: “Somebody said, ‘You’re not a racist, you’re a purist.’ I sort of liked that.” John Millar, who becomes the community leader after his father’s death, says: “[W]e consider ourselves survivalists in the sense that we want to survive the best way we can.… We have weapons, but any person within 15 miles of us has more weapons per household than we do. We don’t make a big thing about weapons. We don’t think we can keep the National Guard away with a few weapons.” An unnamed government informer tells a New York Post reporter in June 2001: “McVeigh is a hero inside Elohim City. They look upon him ‘as a martyr to their cause.’” [Anti-Defamation League, 8/9/2002]

Entity Tags: Nicole Nichols, Dennis Mahon, Aryan Republican Army, Anti-Defamation League, Andreas Strassmeir, Elohim City, John Millar, Timothy James McVeigh, Robert Millar

Timeline Tags: US Domestic Terrorism

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

August 8, 1974: Nixon Resigns Presidency

Richard Nixon announcing his resignation to the country.Richard Nixon announcing his resignation to the country. [Source: American Rhetoric.com]President Richard Nixon, forced to resign because of the Watergate scandal, begins his last day in office. The morning is marked by “burn sessions” in several rooms of the White House, where aides burn what author Barry Werth calls “potentially troublesome documents” in fireplaces. Nixon’s chief of staff, Alexander Haig, is preparing for the transition in his office, which is overflowing with plastic bags full of shredded documents. Haig says all of the documents are duplicates. Haig presents Nixon with a one-line letter of resignation—“I hereby resign the office of president of the United States”—and Nixon signs it without comment. Haig later describes Nixon as “haggard and ashen,” and recalls, “Nothing of a personal nature was said… By now, there was not much that could be said that we did not already understand.” Nixon gives his resignation speech at 9 p.m. [White House, 8/8/1974; White House, 8/8/1974; American Rhetoric, 2001; Werth, 2006, pp. 3-8] On August 7, Haig told Watergate special prosecutor Leon Jaworski that Congress would certainly pass a resolution halting any legal actions against Nixon. But, watching Nixon’s televised resignation speech, Jaworski thinks, “Not after that speech, Al.” Nixon refuses to accept any responsibility for any of the myriad crimes and illicit actions surrounding Watergate, and merely admits to some “wrong” judgments. Without some expression of remorse and acceptance of responsibility, Jaworski doubts that Congress will do anything to halt any criminal actions against Nixon. [Werth, 2006, pp. 30-31] Instead of accepting responsibility, Nixon tells the nation that he must resign because he no longer has enough support in Congress to remain in office. To leave office before the end of his term “is abhorrent to every instinct in my body,” he says, but “as president, I must put the interests of America first.” Jaworski makes a statement after the resignation speech, declaring that “there has been no agreement or understanding of any sort between the president or his representatives and the special prosecutor relating in any way to the president’s resignation.” Jaworski says that his office “was not asked for any such agreement or understanding and offered none.” [Washington Post, 8/9/1974]

Entity Tags: Nixon administration, Leon Jaworski, Richard M. Nixon, Alexander M. Haig, Jr., Barry Werth

Timeline Tags: Nixon and Watergate

Unaware that President Ford has already asked Nelson Rockefeller to be his vice president (see August 16-17, 1974), the media continues to speculate on who Ford will choose for the position. Newsweek reports that George H.W. Bush “has slipped badly because of alleged irregularities in the financing of his 1970 Senate race.” White House sources tell the magazine, “there was potential embarrassment in reports that the Nixon White House had funneled about $100,000 from a secret fund known as the ‘Townhouse Operation’” into Bush’s losing Texas Senate campaign, which itself failed to report about $40,000 of the money. The news rocks Bush, who is waiting for Ford’s phone call while vacationing at the family compound in Kennebunkport, Maine. (It is unclear who leaked the Bush information or why. Bush always believes it was Ford’s political adviser Melvin Laird; future Ford biographer James Cannon is equally sure it was Ford’s senior aide Donald Rumsfeld, a dark horse candidate for the position.) The “Townhouse Operation” is an early Nixon administration campaign machination (see Early 1970). Watergate special prosecutor Leon Jaworski is investigating the fund; the nomination of Bush over Rockefeller would almost certainly lead Jaworski to discover that up to 18 other GOP Senate candidates received money from the same slush fund. Jaworski will manage to keep Bush’s name out of his final report, but even had Ford not already chosen Rockefeller as his vice president, the Watergate taint is lethal to Bush’s chance at the position. [Werth, 2006, pp. 114-116]

Entity Tags: Townhouse Operation, Nelson Rockefeller, Leon Jaworski, Donald Rumsfeld, George Herbert Walker Bush, Melvin Laird, Gerald Rudolph Ford, Jr, 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

The Federal Election Commission (FEC) hands down an “advisory opinion” that, according to the mandates of the newly passed amendments to the Federal Election Campaign Act (FECA—see 1974), allows corporations to spend general funds on solicitation of donations from stockholders and employees. The case stems from an attempt by Sun Oil Corporation to solicit employees, both union and non-union, for contributions to the corporation’s PAC, SUN PAC. The FEC’s advisory opinion, which by law is binding, reads in part, “It is the opinion of the Commission that Sun Oil may spend general treasury funds for solicitation of contributions to SUN PAC from stockholders and employees of the corporation.” The FEC’s reasoning is that the money is to be segregated according to the Supreme Court’s Pipefitters decision (see June 22, 1972), businesses have for years solicited their employees for both political and non-political causes, and FECA says that contributions to a separate segregated fund may not be secured by “job discrimination” or “financial reprisals.” Neither Congress nor the unions are pleased with the ruling. If corporations had been restricted to soliciting only their stockholders, they could have solicited only twice as many individuals as the labor unions, but with the ruling in place, corporations effectively can now solicit virtually the entire workforce of the nation. It is this decision that in part sparks the “PAC boom” among corporate PACs, which sees the number and funding of corporate PACs increase dramatically. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Campaign Act of 1972, SUN PAC, Sun Oil Corporation, Federal Election Commission

Timeline Tags: Civil Liberties

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 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

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

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

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

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

Michael Barnes.Michael Barnes. [Source: Covington and Burling]Representative Michael Barnes (D-MD) is targeted by the NSA’s Echelon satellite surveillance program on orders from Reagan administration officials. Barnes, an outspoken opponent of Reagan’s Central American policies, had phone conversations with Nicaraguan officials intercepted and recorded, including one conversation between Barnes and the foreign minister of Nicaragua. Barnes learns of the surveillance after White House officials, apparently attempting to discredit Barnes, leaks transcripts of the taped conversations to reporters. CIA director William Casey shows Barnes a Nicaraguan embassy cable reporting a meeting between embassy staff and one of Barnes’s aides; Casey demands that Barnes fire the aide. Barnes refuses, noting that the aide had visited the embassy on legitimate business concerning international affairs. Barnes will say in 1995, “I was aware that NSA monitored international calls, that it was a standard part of intelligence gathering. But to use it for domestic political purposes is absolutely outrageous and probably illegal.” Former senator Dennis DeConcini (R-AZ) says he worries about the NSA spying on US citizens: “It has always worried me. What if that is used on American citizens? It is chilling. Are they listening to my private conversations on my telephone?” [Patrick S. Poole, 8/15/2000]

Entity Tags: Michael D. Barnes, Reagan administration, William Casey, National Security Agency, Dennis DeConcini, Echelon

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

The anti-abortion National Right to Life Committee (NRLC) issues a series of “voter guides” just before Election Day. The pamphlets are later credited as helping persuade voters to cast their ballots for presidential candidate Ronald Reagan (R-CA) and a number of Republican Senate candidates. In 2012, reporter Jeffrey Toobin will characterize them as “barely concealed works of advocacy,” a form of “electioneering” that federal law bans groups such as NRLC from issuing this close to an election. The Federal Election Commission (FEC) later tries to challenge the pamphlet distribution, and the NRLC wins a First Amendment challenge in court under the legal leadership of general counsel James Bopp Jr. As a result of the court case, Bopp becomes interested in challenging campaign finance restrictions (see January 10-16, 2008) as well as abortion rights. [New Yorker, 5/21/2012]

Entity Tags: Federal Election Commission, James Bopp, Jr, National Right to Life Committee, Ronald Reagan, Jeffrey Toobin

Timeline Tags: US Health Care, Civil Liberties, Elections Before 2000

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

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

CSA members outside their Arkansas compound. Some CSA members also belong to the Elohim City community.CSA members outside their Arkansas compound. Some CSA members also belong to the Elohim City community. [Source: GifS (.com)]Three white supremacists living in the Elohim City, Oklahoma, compound (see 1973 and After) visit Oklahoma City and make plans to blow up the Murrah Federal Building there. The three are: James Ellison, the leader of the Covenant, Sword, and Arm of the Lord (CSA) who will be arrested in 1985 after a four-day standoff with federal authorities; Kerry Noble; and Richard Wayne Snell, who will be executed for murdering a black police officer and a businessman he erroneously believed to be Jewish (see 9:00 p.m. April 19, 1995). All three men have close ties to the neo-Nazi Aryan Nations (see Early 1970s). The evidence of their plan is released during the investigation of the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and is collated by former US prosecutor Steven N. Snyder, who once worked out of the Fort Smith, Arkansas District Attorney’s office. The plan involves parking a van or trailer in front of the building and exploding it with rockets detonated by a timer. Snyder will come across the information on the bombing plot while preparing for the trial of a sedition case against a 14-man group of white supremacists, 10 of whom are charged with planning to overthrow the government. (All 14 will be acquitted in a 1988 trial—see Late 1987 - April 8, 1998.) Snyder will get the information from Ellison, who provides information to him as part of his role as chief witness for the prosecution. The other defendants in the trial, many of whom are believed to have had some connection to the bombing plot, will be Richard Butler, the head of Aryan Nations; Robert E. Miles, a former Klansman who heads the Mountain Church of Jesus Christ the Saviour in Cohoctah, Michigan; and Louis R. Beam Jr., a former grand dragon of the Texas Ku Klux Klan and “ambassador at large” of the Aryan Nations. Ellison will tell Snyder that in July 1983, he attends a meeting of extremist groups in Hayden Lake, Idaho, the location of the Aryan Nations headquarters, where he informs them of the death of fellow white supremacist Gordon Kahl in a gun battle with law enforcement agents in Arkansas (see March 13 - June 3, 1983). Snyder’s notes of Ellison’s statement read, “Kahl was the catalyst that made everyone come forth and change the organizations from thinkers to doers.” According to Ellison, the leaders of the various supremacist groups discuss how to overthrow the federal government, using as a sourcebook the novel The Turner Diaries (see 1978), which tells of a successful move by white supremacists to overthrow the government and then commit genocide against Jews and blacks. Ellison will tell Snyder that he volunteers to assassinate federal officials in Arkansas as part of the plot. The leaders discuss blowing up the Murrah Building in Oklahoma City, other federal buildings, and the Dallas office of a Jewish organization. According to Ellison’s trial testimony, in October 1983 Snell and another participant, Steve Scott, “asked me to design a rocket launcher that could be used to destroy these buildings from a distance.” Of Snell, Ellison will testify: “On one of the trips when I was with Wayne, he took me to some of the buildings and asked me to go in the building and check the building out. This kind of thing.” Ellison will tell Snyder that at Snell’s request, he surveills the Murrah Building to assess what it would take to damage and destroy it. He makes preliminary sketches and drawings. According to the preliminary plans, rocket launchers are to be “placed in a trailer or a van so that it could be driven up to a given spot, parked there, and a timed detonating device could be triggered so that the driver could walk away and leave the vehicle set in position, and he would have time to clear the area before any of the rockets launched.… And I was asked to make it so it would fit in either a trailer or a van or a panel truck.” Synder will later say that Snell is embittered towards the government because of the IRS, which took him to court and seized property from him for failure to pay taxes. But, Snyder will add, “you can’t be sure about any of this, because a federal raid, to a lot of these people, is any time the postman brings the mail.” Ellison will be taken into custody after a four-day standoff with state and federal authorities in 1985, only convinced to surrender after white supremacist Robert Millar talks him into giving up (see 1973 and After). Ellison will be convicted of racketeering charges and sentenced to 20 years in prison. He will enter the federal witness protection program until completing his parole and leaving the program on April 21, 1995, two days after the Oklahoma City bombing. [New York Times, 5/20/1995; Anti-Defamation League, 8/9/2002; Nicole Nichols, 2003]

Entity Tags: Louis R. Beam, Jr, James Ellison, Gordon Kahl, Elohim City, Covenant, Sword, and Arm of the Lord, Aryan Nations, Kerry Noble, Murrah Federal Building, Richard Girnt Butler, Robert Millar, Steve Scott, Steven N. Snyder, Richard Wayne Snell, Robert E. Miles

Timeline Tags: US Domestic Terrorism

Strategic Defense Initiative logo.Strategic Defense Initiative logo. [Source: United States Missile Defense Agency]President Reagan announces his proposal for the Strategic Defense Initiative (SDI, later nicknamed “Star Wars”), originally conceived two years earlier (see 1981). SDI is envisioned as a wide-ranging missile defense system that, if it works, will protect the United States from nuclear attacks from the Soviet Union or other countries with ballistic missiles, essentially rendering nuclear weapons, in Reagan’s words, “impotent and obsolete.” Reagan says, “I call upon the scientific community in our country, those who gave us nuclear weapons, to turn their great talents now to the cause of mankind and world peace, to give us the means of rendering these nuclear weapons impotent and obsolete.” Soviet leader Yuri Andropov’s response is unprececented in its anger (see March 27, 1983); Soviet Ambassador Anatoly Dobrinyn says SDI will “open a new phase in the arms race.” [PBS, 2000; Scoblic, 2008, pp. 129]
US Hardliners 'Ecstatic' - Hardliners in and out of the Reagan administration are, in author J. Peter Scoblic’s characterization, “ecstatic, seeing SDI as the ultimate refutation of [the principle of] mutual assured destruction and therefore of the status quo, which left [the US] unable to seek victory over the Soviet Union.” The day after the speech, Senator Barry Goldwater (R-AZ) sends Reagan a one-sentence letter: “That was the best statement I have heard from any president.”
'Less Suicidal' Adjunct to First Strike - Scoblic will write that if SDI is implemented as envisioned, “[a]lthough the Soviets would still be able to inflict enough damage that a first strike by the United States would be suicidal, it would be ‘less suicidal’ to the extent that such a concept made sense, which some Reagan officials believed it did. In short, SDI was a better adjunct to a first strike than it was a standalone defense. That made it critically destabilizing, which is why missile defense had been outlawed by [earlier treaties] in the first place.” [Scoblic, 2008, pp. 129-130]

Entity Tags: Strategic Defense Initiative, J. Peter Scoblic, Ronald Reagan, Anatoly Dobrinyn, Barry Goldwater, Yuri Andropov

Timeline Tags: US International Relations

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

The US announces that the Soviet Union has established a large early-warning radar system near the city of Krasnoyarsk. The installation violates the 1972 ABM Treaty (see May 26, 1972), which requires that such installations be located near the nation’s border and oriented outward. It is possible that the Soviet radar installation is built in response to the US’s recent decision to violate the ABM treaty by developing a missile defense system (see March 23, 1983). [Federation of American Scientists, 1/15/2008]

Timeline Tags: US International Relations

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

Citizens for a Sound Economy logo.Citizens for a Sound Economy logo. [Source: Greater Houston Pachyderm Club]The billionaire Koch brothers, Charles and David, launch the first of a number of “citizen advocacy” groups they either found or fund, Citizens for a Sound Economy. The Kochs are staunch right-wing libertarians determined to successfully combat government regulation and oversight of businesses, government taxation, and government funding of social programs (see August 30, 2010). Between 1986 and 1993, the brothers will provide $7.9 million to the group, even as it promotes itself as a “grassroots,” “citizen-driven” organization. (Such organizations that call themselves “citizen-based” while actually being founded, operated, and funded by corporate interests are called “astroturf” organizations.) Matt Kibbe, who will go on to head a Koch-funded lobbying organization, FreedomWorks, will later say of Citizens for a Sound Economy that its driving force was to take the Kochs’ “heavy ideas and translate them for mass America.… We read the same literature Obama did about nonviolent revolutions—Saul Alinsky, Gandhi, Martin Luther King. We studied the idea of the Boston Tea Party as an example of nonviolent social change. We learned we needed boots on the ground to sell ideas, not candidates.” One organization participant will say that the brothers are “very controlling, very top down. You can’t build an organization with them. They run it.” By 1993, the organization will become powerful enough to successfully thwart the Clinton administration’s efforts to place a “BTU tax” on energy, and mounts successful “citizen protests” against Democrats, sometimes funnelling millions of Koch monies into the political campaigns of their Republican opponents. [New Yorker, 8/30/2010]

Entity Tags: Clinton administration, Charles Koch, David Koch, Citizens for a Sound Economy, Matt Kibbe, FreedomWorks

Timeline Tags: Domestic Propaganda

Detective Sergeant Peter Caram, the head of the New York Port Authority’s Terrorist Intelligence Unit, has been directed by the assistant superintendent of the Port Authority Police Department to compile a report on the vulnerability of the WTC to a terrorist attack. Having previously worked at the WTC Command, Caram has exclusive knowledge of some of the center’s security weaknesses. On this day he issues his four-page report, titled “Terrorist Threat and Targeting Assessment: World Trade Center.” It looks at the reasoning behind why the WTC might be singled out for attack, and identifies three areas of particular vulnerability: the perimeter of the WTC complex, the truck dock entrance, and the subgrade area (the lower floors below ground level). Caram specifically mentions that terrorists could use a car bomb in the subgrade area—a situation similar to what occurs in the 1993 bombing (see February 26, 1993). [Caram, 2001, pp. 5, 84-85; New York County Supreme Court, 1/20/2004] This is the first of several reports during the 1980s, identifying the WTC as a potential terrorist target.

Entity Tags: World Trade Center, Peter Caram

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Young conservative White House lawyer John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983 and October 1983), advises senior Reagan officials that the White House should challenge the 1978 Presidential Records Act. To Roberts’s mind, the law goes much too far in requiring that presidential papers be considered government property and should, with some exceptions, be released to the public 12 years after a president leaves office. The law infringes on the right of a president to keep information secret, Roberts argues. Later, he will argue that the 12-year rule is far too brief and, as it would “inhibit the free flow of candid advice and recommendations within the White House,” is unconstitutional. [Savage, 2007, pp. 258]

Entity Tags: Reagan administration, John G. Roberts, Jr, Presidential Records Act

Timeline Tags: Civil Liberties

Young conservative White House lawyer John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983 and October 1983), expands on his previous argument that the president’s papers and documents should remain secret and unavailable to the public (see February 13, 1984). Roberts writes that the Reagan administration should oppose a bill pending in Congress that would make the National Archives a separate agency, independent of the White House. Roberts writes that the “legislation could grant the archivist [the head of the National Archives] some independence from presidential control, with all the momentous constitutional consequences that would entail.” Others in the White House disagree with Roberts, and the administration does not oppose the bill. Roberts suggests that President Reagan attach a signing statement to the bill making it clear that Reagan has the power to fire the archivist if he/she tries to disobey the White House in releasing a presidential document. [Savage, 2007, pp. 258]

Entity Tags: National Archives and Records Administration, Reagan administration, John G. Roberts, Jr

Timeline Tags: Civil Liberties

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

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

National Security Adviser Robert McFarlane, speaking for the Reagan administration, proposes a new, “broad” interpretation of the US-Soviet Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972) on national television. McFarlane proposes that space-based and mobile systems and components based on “other physical principles,” i.e. lasers, particle beams, etc., should be developed and tested, but not deployed. (The traditional, “narrow” interpretation of the treaty is more restrictive.) Days later, President Reagan announces that while he and his administration support this “broad” interpretation, as a matter of national policy, the US’s Strategic Defense Initiative (see March 23, 1983) will continue to observe the more traditional interpretation. [Federation of American Scientists, 1/15/2008]

Entity Tags: Robert C. McFarlane, Strategic Defense Initiative, Ronald Reagan

Timeline Tags: US International Relations

Fawaz Damra.Fawaz Damra. [Source: Associated Press]By the mid-1980s, Osama bin Laden and his mentor Abdullah Azzam jointly founded a charity front based in Pakistan which is called Maktab al-Khidamat (MAK) (which means “services office”) and is also known as Al-Kifah (which means “struggle”) (see 1984). Branches start to open in the US; the first one apparently opens in Tucson, Arizona, where al-Qaeda has a sleeper cell (see 1986). But around 1986, Khaled Abu el-Dahab, the right hand man of double agent Ali Mohamed, informally founds the branch in Brooklyn, New York, and it soon becomes the most important US branch. [New York Times, 10/22/1998; Burr and Collins, 2006, pp. 269-270] On December 29, 1987, three men, Mustafa Shalabi, Fawaz Damra, and Ali Shinawy, formally file papers incorporating Al-Kifah, which is called the Al-Kifah Refugee Center. At first, it is located inside the Al Farouq mosque, which is led by Damra. But eventually it will get it own office space next to the mosque. Shalabi, a naturalized citizen from Egypt, runs the office with two assistants: Mahmud Abouhalima, who will later be convicted for a role in bombing the World Trade Center in 1993 (see February 26, 1993), and El Sayyid Nosair, who will assassinate a Jewish leader in New York in 1990 (see November 5, 1990). [New York Times, 4/11/1993; Newsweek, 10/1/2001; Cleveland Plain Dealer, 11/4/2001] Jamal al-Fadl, a founding member of al-Qaeda and future FBI informant (see June 1996-April 1997), also works at the Al-Kifah Refugee Center in its early days. [Miller, Stone, and Mitchell, 2002, pp. 155] The Brooklyn office recruits Arab immigrants and Arab-Americans to go fight in Afghanistan, even after the Soviets withdraw in early 1989. As many as 200 are sent there from the office. Before they go, the office arranges training in the use of rifles, assault weapons, and handguns, and then helps them with visas, plane tickets, and contacts. They are generally sent to the MAK/Al-Kifah office in Peshawar, Pakistan, and then connected to either the radical Afghan faction led by Abdul Rasul Sayyaf or the equally radical one led by Gulbuddin Hekmatyar. [New York Times, 4/11/1993] The CIA has some murky connection to Al-Kifah that has yet to be fully explained. Newsweek will later say the Brooklyn office “doubled as a recruiting post for the CIA seeking to steer fresh troops to the mujaheddin” fighting in Afghanistan. At the same time, the Brooklyn office is where “veterans of [the Afghan war arrived] in the United States—many with passports arranged by the CIA.” [Newsweek, 10/1/2001] Robert I. Friedman, writing for New York magazine, will comment that the Brooklyn office was a refuge for ex- and future mujaheddin, “But the highlight for the center’s regulars were the inspirational jihad lecture series, featuring CIA-sponsored speakers.… One week on Atlantic Avenue, it might be a CIA-trained Afghan rebel traveling on a CIA-issued visa; the next, it might be a clean-cut Arabic-speaking Green Beret, who would lecture about the importance of being part of the mujaheddin, or ‘warriors of the Lord.’ The more popular lectures were held upstairs in the roomier Al-Farouq Mosque; such was the case in 1990 when Sheikh [Omar] Abdul-Rahman, traveling on a CIA-supported visa, came to town.” One frequent instructor is double agent Ali Mohamed, who is in the US Special Forces at the time (see 1987-1989). Bin Laden’s mentor Azzam frequently visits and lectures in the area. In 1988, he tells “a rapt crowd of several hundred in Jersey City, ‘Blood and martyrdom are the only way to create a Muslim society.… However, humanity won’t allow us to achieve this objective, because all humanity is the enemy of every Muslim.’” [New York Magazine, 3/17/1995] Ayman Al-Zawahiri, future Al-Qaeda second in command, makes a recruiting trip to the office in 1989 (see Spring 1993). [New Yorker, 9/9/2002] The Brooklyn office also raises a considerable amount of money for MAK/Al-Kifah back in Pakistan. The Independent will later call the office “a place of pivotal importance to Operation Cyclone, the American effort to support the mujaheddin. The Al-Kifah [Refugee Center was] raising funds and, crucially, providing recruits for the struggle, with active American assistance.” [Independent, 11/1/1998] Abdul-Rahman, better known as the “Blind Sheikh,” is closely linked to bin Laden. In 1990, he moves to New York on another CIA-supported visa (see July 1990) and soon dominates the Al-Kifah Refugee Center. Shalabi has a falling out with him over how to spend the money they raise and he is killed in mysterious circumstances in early 1991, completing Abdul-Rahman’s take over. Now, both the Brooklyn and Pakistan ends of the Al-Kifah/MAK network are firmly controlled by bin Laden and his close associates. In 1998, the US government will say that al-Qaeda’s “connection to the United States evolved from the Al-Kifah Refugee Center.” Yet there is no sign that the CIA stops its relationship with the Brooklyn office before it closes down shortly after the 1993 WTC bombing. [New York Times, 10/22/1998]

Entity Tags: Jamal al-Fadl, Khaled Abu el-Dahab, Gulbuddin Hekmatyar, Omar Abdul-Rahman, Mustafa Shalabi, Maktab al-Khidamat, Osama bin Laden, Fawaz Damra, El Sayyid Nosair, Mahmud Abouhalima, Ayman al-Zawahiri, Central Intelligence Agency, Abdul Rasul Sayyaf, Al Farouq Mosque, Abdullah Azzam, Ali Shinawy, Ali Mohamed, Al-Kifah Refugee Center

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

Gorbachev and Reagan at the Reykjavik summit.Gorbachev and Reagan at the Reykjavik summit. [Source: Ronald Reagan Library]President Reagan and Soviet Premier Mikhail Gorbachev meet in Reykjavik, Iceland, for a second summit, to follow on the success of their first meeting almost a year before (see November 16-19, 1985). They base their discussion on Gorbachev’s January proposals of deep cuts in the two nations’ nuclear arsenals (see January 1986).
Elimination of All Nuclear Weapons by 1996 - Gorbachev and his negotiators begin by reiterating Gorbachev’s proposals for a 50 percent cut in all nuclear weapons, deep reductions in Soviet ICBMs, and the elimination of all European-based intermediate nuclear weapons. Reagan and his negotiators counter with a proposal for both sides to destroy half of their nuclear ballistic missiles in the next five years, and the rest to be destroyed over the next five, leaving both sides with large arsenals of cruise missiles and bomber-based weapons. Gorbachev ups the ante, proposing that all nuclear weapons be destroyed within 10 years. Reagan responds that it would be fine with him “if we eliminated all nuclear weapons,” implicitly including all tactical nuclear weapons in Europe and everywhere else. Gorbachev says, “We can do that,” and Secretary of State George Shultz says, “Let’s do it.”
Agreement Founders on SDI - The heady moment is lost when the two sides fail to reach an agreement on SDI—the Americans’ “Star Wars” missile defense system (see March 23, 1983). Gorbachev cannot accept any major reductions in nuclear weapons if the US has a viable missile defense system; Reagan is convinced that SDI would allow both sides to eliminate their nuclear weapons, and offers the SDI technology to the Soviets. Gorbachev finds Reagan’s offer naive, since there is no guarantee that future presidents would honor the deal. Reagan, in another example of his ignorance of the mechanics of the US nuclear program (see April 1981 and After), does not seem to realize that even a completely effective SDI program would not defend against Soviet cruise missiles and long-range bombers, and therefore would not end the threat of nuclear destruction for either side. Author J. Peter Scoblic will later write, “[SDI] would have convinced the Soviet Union that the United States sought a first-strike capability, since the Americans were so far ahead in cruise missile and stealth bomber technology.” Gorbachev does not ask that the US abandon SDI entirely, but simply observe the terms of the 1972 Anti-Ballistic Missile treaty (see May 26, 1972) and confine SDI research to the laboratory. Reagan refuses. Gorbachev says that if this is the US’s position, then they would have to “forget everything they discussed.” Foreign Minister Eduard Shevardnadze breaks in, saying that the two nations are “so close” to making history that “if future generations read the minutes of these meetings, and saw how close we had come but how we did not use these opportunities, they would never forgive us.” But the agreement is not to be.
Participants' Reactions - As Shultz later says, “Reykjavik was too bold for the world.” Shultz tells reporters that he is “deeply disappointed” in the results, and no longer sees “any prospect” for a third summit. Gorbachev tells reporters that Reagan’s insistence on retaining SDI had “frustrated and scuttled” the opportunity for an agreement. Gorbachev says he told Reagan that the two countries “were missing a historic chance. Never had our positions been so close together.” Reagan says as he is leaving Iceland that “though we put on the table the most far-reaching arms control proposal in history, the general secretary [Gorbachev] rejected it.” Scoblic will later write, “In the end, ironically, it was Reagan’s utopianism, hitched as it was to a missile shield, that preserved the status quo.” [Washington Post, 10/13/1986; Scoblic, 2008, pp. 140-142]
Hardline Sabotage - One element that contributes to the failure of the negotiations is the efforts to undermine the talks by hardline advisers Richard Perle and Ken Adelman, who tell Reagan that confining SDI to research facilities would destroy the program. Perle and Adelman are lying, but Reagan, not knowing any better, believes them, and insists that SDI remain in development. [Scoblic, 2008, pp. 143-144]
Going Too Far? - Reagan’s negotiators, even the most ardent proponents of nuclear reduction, are shocked that he almost agreed to give up the US’s entire nuclear arsenal—with Shultz’s encouragement. British Prime Minister Margaret Thatcher and French President Francois Mitterand are horrified at the prospect, given that NATO’s nuclear arsenal in Europe is the only real counterweight to the huge Red Army so close to the borders of Western European nations. [Scoblic, 2008, pp. 140-142]
Failure of Trust - The US-Soviet talks may well have foundered on an inability of either side to trust the other one to the extent necessary to implement the agreements. During the talks, Soviet aide Gyorgy Arbatov tells US negotiator Paul Nitze that the proposals would require “an exceptional level of trust.” Therefore, Arbatov says, “we cannot accept your position.” [National Security Archives, 3/12/2008]

Entity Tags: Paul Nitze, J. Peter Scoblic, Kenneth Adelman, Gyorgy Arbatov, George Shultz, Francois Mitterand, Margaret Thatcher, Richard Perle, Ronald Reagan, Mikhail Gorbachev

Timeline Tags: US International Relations

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

The al-Kifah Refugee Center shared the same building as the Al-Farooq Mosque.The al-Kifah Refugee Center shared the same building as the Al-Farooq Mosque. [Source: National Geographic] (click image to enlarge)Ali Mohamed, while still an instructor at Fort Bragg, North Carolina (see 1986), frequently spends his weekends traveling to meet with Islamic activists at the Al-Kifah Refugee Center in Brooklyn. [Miller, Stone, and Mitchell, 2002, pp. 143-144] This center is the Brooklyn branch office of Maktab al-Khidamat (MAK)/Al-Kifah, which is a charity front in Pakistan closely tied to bin Laden and his mentor Abdullah Azzam. It also has ties to the CIA (see 1986-1993). Mohamed teaches the Islamic activists survival techniques, map reading and how to recognize tanks and other Soviet weapons. He frequently stays at the home of El-Sayyid Nosair (see November 5, 1990). In July 1989, the FBI monitors him teaching Nosair and some of the future members of the 1993 World Trade Center bomb plot how to shoot weapons (see July 1989). Towards the end of this period he informs his superiors that he has renewed his association with Sheikh Omar Abdul-Rahman. [New York Times, 12/1/1998; Miller, Stone, and Mitchell, 2002, pp. 143-144] Mohamed will move to Brooklyn in May 1990 while also keeping a residence in Santa Clara, California. His connections to the Islamist network develop rapidly from this point on. [New York Times, 12/1/1998; Miller, Stone, and Mitchell, 2002, pp. 144]

Entity Tags: Omar Abdul-Rahman, Ali Mohamed, Al-Kifah Refugee Center, El Sayyid Nosair, Afghan Refugee Services Inc., Al Farouq Mosque, Maktab al-Khidamat

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

Zahid Shaikh Mohammed, the brother of 9/11 mastermind Khalid Shaikh Mohammed (KSM), works as the head of the Pakistani branch of the charity Mercy International. A book published in 1999 will allege that this charity, based in the US and Switzerland, was used by the CIA to funnel money to Muslim militants fighting against US enemies in places such as Bosnia and Afghanistan (see 1989 and After). It is not known when Zahid got involved with the charity, but he is heading its Pakistani branch by 1988, when his nephew Ramzi Yousef first goes to Afghanistan (see Late 1980s). [Reeve, 1999, pp. 120] In the spring of 1993, US investigators raid Zahid’s house while searching for Yousef (see Spring 1993). Documents and pictures are found suggesting close links and even a friendship between Zahid and Osama bin Laden. Photos and other evidence also show close links between Zahid, KSM, and government officials close to Nawaf Sharif, who is prime minister of Pakistan twice in the 1990s. The investigators also discover that Zahid was seen talking to Pakistani President Farooq Ahmad Khan Leghari during a Mercy International ceremony in February 1993. [Reeve, 1999, pp. 48-49, 120] But despite the raid, Zahid apparently keeps his job until about February 1995, when Yousef is arrested in Pakistan (see February 7, 1995). Investigators learn Yousef had made a phone call to the Mercy office, and there is an entry in Yousef’s seized telephone directory for a Zahid Shaikh Mohammed. Pakistani investigators raid the Mercy office, but Zahid has already fled. [United Press International, 4/11/1995; Guardian, 9/26/2001; McDermott, 2005, pp. 154, 162] It is unclear what subsequently happens to Zahid. In 1999 it will be reported that he is believed to be in Kuwait, but in 2002 the Kuwaiti government will announce he is a member of al-Qaeda, so presumably he is no longer welcome there. [Reeve, 1999, pp. 48; Los Angeles Times, 9/1/2002] Mercy International’s Kenya branch will later be implicated in the 1998 US embassy bombing in that country, as will KSM, Zahid’s brother (see Late August 1998).

Entity Tags: Ramzi Yousef, Zahid Shaikh Mohammed, Khalid Shaikh Mohammed, Mercy International

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Entrance to Fort Riley, Kansas.Entrance to Fort Riley, Kansas. [Source: US Military (.com)]Terry Nichols, a 33-year-old Michigan farmer and house husband described as “aimless” by his wife Lana, joins the US Army in Detroit. He is the oldest recruit in his platoon and his fellow recruits call him “Grandpa.” During basic training at Fort Benning, Georgia, Nichols meets fellow recruits Timothy McVeigh (see 1987-1988), who joined the Army in Buffalo, New York, and Arizona native Michael Fortier. All three share an interest in survivalism, guns, and hating the government, particularly Nichols and McVeigh; unit member Robin Littleton later recalls, “Terry and Tim in boot camp went together like magnets.” For McVeigh, Nichols is like the older brother he never had; for Nichols, he enjoys taking McVeigh under his wing. Nichols also tells McVeigh about using ammonium nitrate to make explosives he and his family used to blow up tree stumps on the farm. The three are members of what the Army calls a “Cohort,” or Cohesion Operation Readiness and Training unit, which generally keeps soldiers together in the same unit from boot camp all the way through final deployment. It is in the Army that McVeigh and Nichols become enamored of the novel The Turner Diaries (see 1978), which depicts a United States racially “cleansed” of minorities and other “undesirables” (McVeigh is already familiar with the novel—see 1987-1988). All three are sent to the 11 Bravo Infantry division in Fort Riley, Kansas, where they are finally separated into different companies; McVeigh goes to tank school, where he learns to operate a Bradley fighting vehicle as well as becoming an outstanding marksman. [New York Times, 5/4/1995; New York Times, 5/28/1995; Stickney, 1996, pp. 91-95; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 30; Nicole Nichols, 2003] McVeigh later says he joined the Army because he was disillusioned with the “I am better than you because I have more money” mindset some people have, and because he was taken with the Army’s advertisement that claimed, “We do more before 9 a.m. than most people do all day.” [PBS Frontline, 1/22/1996] Fellow unit member Specialist Ted Thorne will later recall: “Tim and I both considered ourselves career soldiers. We were going to stay in for the 20-plus years, hopefully make sergeant major. It was the big picture of retirement.” [Serrano, 1998, pp. 31]
Nichols Leaves Army, Tells of Plans to Form 'Own Military Organization' - In the spring of 1989, Nichols, who planned on making a career of military service, leaves the Army due to issues with an impending divorce and child care, but his friendship with McVeigh persists. Fellow soldier Glen Edwards will later say that he found Nichols’s choice to serve in the Army unusual, considering his virulent hatred of the US government: “He said the government made it impossible for him to make a living as a farmer. I thought it strange that a 32-year-old man would be complaining about the government, yet was now employed by the government. Nichols told me he signed up to pull his 20 years and get a retirement pension.” Before Nichols leaves, he tells Edwards that he has plans for the future, and Edwards is welcome to join in. Edwards will later recall, “He told me he would be coming back to Fort Riley to start his own military organization” with McVeigh and Fortier. “He said he could get any kind of weapon and any equipment he wanted. I can’t remember the name of his organization, but he seemed pretty serious about it.” [New York Times, 5/28/1995; Stickney, 1996, pp. 96, 101]
McVeigh Continues Army Career, Described as 'Strange,' 'Racist,' but 'Perfect Soldier' - McVeigh does not leave the Army so quickly. He achieves the rank of sergeant and becomes something of a “model soldier.” He plans on becoming an Army Ranger. However, few get to know him well; only his closest friends, such as Nichols, know of his passion for firearms, his deep-seated racism, or his hatred for the government. McVeigh does not see Nichols during the rest of his Army stint, but keeps in touch through letters and phone calls. Friends and fellow soldiers will describe McVeigh as a man who attempts to be the “perfect soldier,” but who becomes increasingly isolated during his Army career; the New York Times will describe him as “retreating into a spit-and-polish persona that did not admit nights away from the barracks or close friendships, even though he was in a ‘Cohort’ unit that kept nearly all the personnel together from basic training through discharge.” His friends and colleagues will recall him as being “strange and uncommunicative” and “coldly robotic,” and someone who often gives the least desirable assignments to African-American subordinates, calling them “inferior” and using racial slurs. An infantryman in McVeigh’s unit, Marion “Fritz” Curnutte, will later recall: “He played the military 24 hours a day, seven days a week. All of us thought it was silly. When they’d call for down time, we’d rest, and he’d throw on a ruck sack and walk around the post with it.” A fellow soldier, Todd Regier, will call McVeigh an exemplary soldier, saying: “As far as soldiering, he never did anything wrong. He was always on time. He never got into trouble. He was perfect. I thought he would stay in the Army all his life. He was always volunteering for stuff that the rest of us wouldn’t want to do, guard duties, classes on the weekend.” Sergeant Charles Johnson will later recall, “He was what we call high-speed and highly motivated.” McVeigh also subscribes to survivalist magazines and other right-wing publications, such as Guns & Ammo and his favorite, Soldier of Fortune (SoF), and keeps an arsenal of weapons in his home (see November 1991 - Summer 1992). Regier will later tell a reporter: “He was real different. Kind of cold. He wasn’t enemies with anyone. He was kind of almost like a robot. He never had a date when I knew him in the Army. I never saw him at a club. I never saw him drinking. He never had good friends. He was a robot. Everything was for a purpose.” [New York Times, 5/4/1995; Stickney, 1996, pp. 86; Serrano, 1998, pp. 30; Nicole Nichols, 2003] McVeigh is taken with the increasing number of anti-government articles and advertisements in SoF, particularly the ones warning about what it calls the impending government imposition of martial law and tyranny, and those telling readers how to build bombs and other items to use in “defending” themselves from government aggression. [Serrano, 1998, pp. 27-28] McVeigh is not entirely “by the book”; he knows his friend Michael Fortier is doing drugs, but does not report him to their superior officers. [PBS Frontline, 1/22/1996] McVeigh is promoted to sergeant faster than his colleagues; this is when he begins assigning the undesirable tasks to the four or five black specialists in the group, tasks that would normally be performed by privates. “It was well known, pretty much throughout the platoon, that he was making the black specialists do that work,” Regier will recall. “He was a racist. When he talked he’d mention those words, like n_gger. You pretty much knew he was a racist.” The black soldiers complain to a company commander, earning McVeigh a reprimand. Sergeant Anthony Thigpen will later confirm Regier’s account, adding that McVeigh generally refuses to socialize with African-Americans, and only reluctantly takes part in company functions that include non-whites. Captain Terry Guild will later say McVeigh’s entire company has problems with racial polarization, “[a]nd his platoon had some of the most serious race problems. It was pretty bad.” In April 1989, McVeigh is sent to Germany for two weeks for a military “change-up program.” While there, he is awarded the German equivalent of the expert infantryman’s badge. In November 1989, he goes home for Thanksgiving with Fortier, and meets Fortier’s mother Irene. In late 1990, McVeigh signs a four-year reenlistment agreement with the Army. [New York Times, 5/4/1995]
McVeigh Goes on to Serve in Persian Gulf War - McVeigh will serve two tours of duty in the Persian Gulf War, serving honorably and winning medals for his service (see January - March 1991 and After). Nichols and McVeigh will later be convicted of planning and executing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).

Entity Tags: Ted Thorne, Terry Guild, Todd Regier, Terry Lynn Nichols, Robin Littleton, Michael Joseph Fortier, Charles Johnson, Glen Edwards, Marion (“Fritz”) Curnutte, Anthony Thigpen, Timothy James McVeigh, US Department of the Army

Timeline Tags: US Domestic Terrorism

Strom Thurmond.Strom Thurmond. [Source: US Government]Former Lockheed software manager Margaret Newsham, who worked at the Menwith Hill facility of the NSA’s Echelon satellite surveillance operation in 1979, says she heard a real-time phone intercept of conversations involving senator Strom Thurmond (R-SC). She was shocked, she recalls, because she thought only foreign communications were being monitored. Newsham, who was fired from Lockheed after she filed a whistleblower lawsuit alleging fraud and waste, tells the chairman of the House Intelligence Committee, Louis Stokes (D-OH), of the overheard conversations. In July, Capital Hill staffers will leak the story to the Cleveland Plain Dealer. Thurmond says he doesn’t believe Newsham’s story, but his office admits that it has previously received reports that Thurmond had been a target of NSA surveillance. Thurmond will decline to press for an investigation, and the reason for the surveillance has never been revealed. [CBS News, 2/27/2000; Patrick S. Poole, 8/15/2000]

Entity Tags: Strom Thurmond, National Security Agency, House Intelligence Committee, Louis Stokes, Echelon, Cleveland Plain Dealer, Lockheed Martin Corporation, Margaret Newsham

Timeline Tags: Civil Liberties

The image of Willie Horton as shown in the ‘Weekend Pass’ campaign ad.The image of Willie Horton as shown in the ‘Weekend Pass’ campaign ad. [Source: University of Virginia]A political advertisement on behalf of the George H. W. Bush presidential campaign appears, running on televisions around the country between September 21 and October 4, 1988. Called “Weekend Pass,” it depicts convicted murderer William “Willie” Horton, who was granted 10 separate furloughs from prison, and used the time from his last furlough to kidnap and rape a young woman. The advertisement and subsequent media barrage falsely accuses Democratic presidential candidate Michael Dukakis, the governor of Massachusetts, of creating the “furlough program” that led to Horton’s release, and paints Dukakis as “soft on crime.” It will come to be known as one of the most overly racist political advertisements in the history of modern US presidential politics.
Ad Content - The ad begins by comparing the positions of the two candidates on crime. It notes that Bush supports the death penalty for convicted murderers, whereas Dukakis does not. The ad’s voiceover narrator then states, “Dukakis not only opposes the death penalty, he allowed first-degree murderers to have weekend passes from prison,” with the accompanying text “Opposes Death Penalty, Allowed Murderers to Have Weekend Passes” superimposed on a photograph of Dukakis. The narrator then says, “One was Willie Horton, who murdered a boy in a robbery, stabbing him 19 times,” accompanied by a mug shot of Horton. The voiceover continues: “Despite a life sentence, Horton received 10 weekend passes from prison. Horton fled, kidnapped a young couple, stabbing the man and repeatedly raping his girlfriend.” At this point, the ad shows another picture of Horton being arrested while the accompanying text reads, “Kidnapping, Stabbing, Raping.” The ad’s narration concludes: “Weekend prison passes. Dukakis on crime.” The ad is credited to the “National Security Political Action Committee.” [Inside Politics (.org), 1999; Museum of the Moving Image, 2008; University of Virginia, Introduction to American Politics, 11/18/2009]
'Soft on Crime' - The ad is a reflection of the measures the Bush campaign is willing to undertake to defeat the apparently strong Dukakis candidacy. Dukakis is a popular Democratic governor and widely credited with what pundits call the “Massachusetts Miracle,” reversing the downward economic spiral in his state without resorting to hefty tax increases. At the time of the ad, Dukakis enjoys a 17-point lead over Bush in the polls. Bush campaign strategists, led by campaign manager Lee Atwater, have learned from focus groups that conservative Democratic voters, which some call “Reagan Democrats,” are not solid in their support of Dukakis, and are swayed by reports that he vetoed legislation requiring teachers to say the Pledge of Allegiance at the beginning of the school day. They also react negatively when they learn that during Dukakis’s tenure as governor, Horton had been furloughed and subsequently raped a white woman. Atwater and the Bush campaign decide that Dukakis can successfully be attacked as a “liberal” who is “not patriotic” and is “soft on crime.” Atwater, who has a strong record of appealing to racism in key voting groups (see 1981), tells Republican Party officials, “By the time this election is over, Willie Horton will be a household name.” Although Dukakis had vetoed a bill mandating the death penalty for first-degree murder in Massachusetts, he did not institute the furlough program; that was signed into law by Republican governor Francis Sargent in 1972. The ads and the accompanying media blitz successfully avoid telling voters that Sargent, not Dukakis, instituted the furlough program. [Regardie's Magazine, 10/1/1990; Inside Politics (.org), 1999]
Running the Horton Ad - The ad is sponsored by an ostensibly “independent” political organization, the conservative National Security Political Action Committee (NSPAC), headed by former Chairman of the Joint Chief of Staff Thomas Moorer. NSPAC’s daughter organization “Americans for Bush” actually put together the ad, created by marketer Larry McCarthy in close conjunction with Atwater and other Bush campaign aides; Atwater determined months before that the Horton ad should not come directly from the Bush campaign, but from an “independent” group supporting Bush, thus giving the Bush campaign the opportunity to distance itself from the ad, and even criticize it, should voters react negatively towards its message (see June-September 1988). The first version of the ad does not use the menacing mug shot of Horton, which McCarthy later says depicts “every suburban mother’s greatest fear.” McCarthy and Atwater feared that the networks would refuse to run the ad if it appeared controversial. However, the network censors do not object, so McCarthy quickly substitutes a second version of the ad featuring the mug shot. When Democrats and progressive critics of the Bush campaign complain that Bush is running a racist ad, Bush media adviser Roger Ailes says that neither he nor the campaign have any control over what outside groups like “Americans for Bush” put on the airwaves. InsidePolitics will later write, “This gave the Bush camp plausible deniability that helped its candidate avoid public condemnation for racist campaigning.”
Accompanying Newspaper Reports, Bush Campaign Ads - The ad airs for the first time on September 21. On September 22, newspapers around the nation begin publishing articles telling the story of Angie and Clifford Barnes, victimized by Horton while on furlouogh. On October 5, the Bush campaign releases a “sister” television ad, called “Revolving Door.” Scripted by Ailes, the commercial does not mention Horton nor does it show the now-infamous mug shot, but emphasizes the contention that Dukakis is “soft on crime” and has what it calls a “lenient” furlough policy for violent convicts. The central image of the ad is a stream of African-American inmates moving slowly in and out of a revolving gate. The voiceover says that Dukakis had vetoed the death penalty and given furloughs to “first-degree murderers not eligible for parole. While out, many committed other crimes like kidnapping and rape.” At the same time, Clifford Barnes and the sister of the youth murdered by Horton embark on a nationwide speaking tour funded by a pro-Bush independent group known as the Committee for the Presidency. Barnes also appears on a number of television talk shows, including those hosted by Oprah Winfrey and Geraldo Rivera. Barnes and the victim’s sister also appear in two “victim” ads, where Barnes says: “Mike Dukakis and Willie Horton changed our lives forever.… We are worried people don’t know enough about Mike Dukakis.” In 1999, InsidePolitics will write that the media gives the “Revolving Door” ad a “courteous reception,” and focuses more on the two ads’ impact on the election, and the Dukakis campaign’s lack of response, instead of discussing the issues of race and crime as portrayed by the ads. It is not until October 24, less than two weeks before the election, that anyone in the mainstream media airs footage of critics questioning whether the ads are racially inflammatory, but these appearances are few and far between, and are always balanced with appearances by Bush supporters praising the campaign’s media strategy. [Inside Politics (.org), 1999; Inside Politics (.org), 1999; University of Virginia, Introduction to American Politics, 11/18/2009]
Denials - Bush and his vice presidential candidate Dan Quayle will deny that the ads are racist, and will accuse Democrats of trying to use racism to stir up controversy (see October 1988).
Failure to Respond - The Dukakis campaign will make what many political observers later characterize as a major political blunder: it refuses to answer the ads or dispute their content until almost the last days of the campaign, hoping that viewers would instead conclude that the ads are unfair without the Dukakis campaign’s involvement. The ads will be hugely successful in securing the election for Bush (see September-November 1988). [Museum of the Moving Image, 2008]

Entity Tags: Angie Barnes, Clifford Barnes, Committee for the Presidency, Dan Quayle, George Herbert Walker Bush, Americans for Bush, InsidePolitics (.org), Francis Sargent, Michael Dukakis, William (“Willie”) Horton, Lee Atwater, National Security Political Action Committee, Thomas Moorer, Roger Ailes, Larry McCarthy

Timeline Tags: Domestic Propaganda, Elections Before 2000

James Nichols, a Michigan farmer, anti-government white separatist, and the brother of Terry Nichols (see March 24, 1988 - Late 1990), formulates a plan to use a “megabomb” to destroy an Oklahoma City federal building; an unnamed FBI informant will later tell the FBI that James Nichols specifically indicates the Murrah Federal Building. Nichols, who says he is upset over the US’s “role” in the terrorist bombing of Pan Am Flight 103, shares the plan with the informant, who will swear to the information in 1995, after James’s brother Terry Nichols is arrested for helping destroy the Murrah Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). “[James] Nichols… made a specific reference to a federal building in Oklahoma City and began looking through the toolshed and workbench for a newspaper clipping depicting the Oklahoma City building,” the informant will say, according to an FBI affidavit. Nichols is unable to find the newspaper clipping, the informant will say, and instead draws a diagram remarkably similar to the Murrah Building. Nichols “later located a newspaper article containing a reference to the Federal Building in Oklahoma City and showed it” to the informer, the affidavit says. The informer is a regular visitor to the Nichols farm. [New York Times, 6/13/1995; Nicole Nichols, 2003] James Nichols routinely stamps US currency with red ink in a protest against the government, and calls his neighbors “sheeple” for obeying authority “like livestock.” A neighbor, Dan Stomber, will recall Nichols criticizing him and others for using drivers’ licences and Social Security cards, and for voting and paying taxes. “He said we were all puppets and sheeple,” Stomber will tell a reporter. “That was the first time I ever heard that word.” Stomber will not recall Nichols discussing any plans to bomb any federal buildings. [New York Times, 4/24/1995] After the Oklahoma City bombing, a friend of Nichols, an Indiana seed dealer named Dave Shafer, will tell authorities that Nichols showed him a diagram of a building remarkably similar to the Murrah Building, still under construction at the time, and said that building would be an excellent target. Shafer will say that he thought Nichols was joking. [Serrano, 1998, pp. 110] It is possible that Shafer and the unnamed FBI informant are the same person. Five years ago, a group of white supremacists had conceived of a plan to destroy the Murrah Building (see 1983).

Entity Tags: Terry Lynn Nichols, Murrah Federal Building, Federal Bureau of Investigation, Dave Shafer, James Nichols, Dan Stomber

Timeline Tags: US Domestic Terrorism

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

Ali Mohamed, a spy for bin Laden working in the US military, trains Islamic radicals in the New York area. Mohamed is on active duty at Fort Bragg, North Carolina, at the time, but he regularly comes to Brooklyn on the weekends to train radicals at the Al-Kifah Refugee Center, a charity connected to both bin Laden and the CIA. Lawyer Roger Savis will later say, “He came quite often and became a real presence in that [Al-Kifah] office, which later metastasized into al-Qaeda.… He would bring with him a satchel full of military manuals and documents. It was Ali Mohamed who taught the men how to engage in guerrilla war. He would give courses in how to make bombs, how to use guns, how to make Molotov cocktails.” Mohamed’s gun training exercises take place at five different shooting ranges. One series of shooting range sessions in July 1989 is monitored by the FBI (Mohamed apparently is not at those particular sessions in person) (see July 1989). Mohamed’s trainees include most of the future bombers of the World Trade Center in 1993. [Lance, 2006, pp. 47-49]

Entity Tags: Roger Savis, Al-Kifah Refugee Center, Ali Mohamed

Timeline Tags: Complete 911 Timeline

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

Ali Mohamed’s US passport, issued in 1989.Ali Mohamed’s US passport, issued in 1989. [Source: US Justice Department] (click image to enlarge)Ali Mohamed is honorably discharged from the US Army with commendations in his file, including one for “patriotism, valor, fidelity, and professional excellence.” He remains in the Army Reserves for the next five years. [New York Times, 12/1/1998; Raleigh News and Observer, 10/21/2001] A US citizen by this time, he will spend much of his time after his discharge in Santa Clara, California, where his wife still resides. He will try but fail to get a job as an FBI interpreter, will work as a security guard, and will run a computer consulting firm out of his home. [San Francisco Chronicle, 9/21/2001]

Entity Tags: US Department of the Army, Ali Mohamed

Timeline Tags: Complete 911 Timeline

The “astroturf” lobbying organization Citizens for a Sound Economy (see 1984 and After) founds a spinoff group, Citizens for the Environment. This group will quickly begin calling acid rain and other environmental problems “myths.” An investigation by the Pittsburgh Post-Gazette discovers that the organization has “no citizen membership of its own.” [New Yorker, 8/30/2010]

Entity Tags: Citizens for the Environment, Pittsburgh Post-Gazette, Citizens for a Sound Economy

Timeline Tags: Domestic Propaganda

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

Sheikh Omar Abdul-Rahman.Sheikh Omar Abdul-Rahman. [Source: FBI]Despite being on a US terrorist watch list for three years, radical Muslim leader Sheikh Omar Abdul-Rahman enters the US on a “much-disputed” tourist visa issued by an undercover CIA agent. [Village Voice, 3/30/1993; Atlantic Monthly, 5/1996; Lance, 2003, pp. 42] Abdul-Rahman was heavily involved with the CIA and Pakistani ISI efforts to defeat the Soviets in Afghanistan, and became famous traveling all over the world for five years recruiting new fighters for the Afghan war. The CIA gave him visas to come to the US starting in 1986 (see December 15, 1986-1989) . However, he never hid his prime goals to overthrow the governments of the US and Egypt. [Atlantic Monthly, 5/1996] FBI agent Tommy Corrigan will later say that prior to Abdul-Rahman’s arrival, “terrorism for all intents and purposes didn’t exist in the United States. But [his] arrival in 1990 really stoke the flames of terrorism in this country. This was a major-league ballplayer in what at the time was a minor-league ballpark. He was… looked up to worldwide. A mentor to bin Laden, he was involved with the MAK over in Pakistan.” The charity front Maktab al-Khidamat (MAK) is also known as Al-Kifah, and it has a branch in Brooklyn known as the Al-Kifah Refugee Center. The head of that branch, Mustafa Shalabi, picks up Abdul-Rahman at the airport when he first arrives and finds an apartment for him. Abdul-Rahman soon begins preaching at Al Farouq mosque, which is in the same building as the Al-Kifah office, plus two other locals mosques, Abu Bakr and Al Salaam. [Lance, 2006, pp. 53] He quickly turns Al-Kifah into his “de facto headquarters.” [Atlantic Monthly, 5/1996] He is “infamous throughout the Arab world for his alleged role in the assassination of Egyptian president Anwar Sadat.” Abdul-Rahman immediately begins setting up a militant Islamic network in the US. [Village Voice, 3/30/1993] He is believed to have befriended bin Laden while in Afghanistan, and bin Laden secretly pays Abdul-Rahman’s US living expenses. [Atlantic Monthly, 5/1996; ABC News, 8/16/2002] For the next two years, Abdul-Rahman will continue to exit and reenter the US without being stopped or deported, even though he is still on the watch list (see Late October 1990-October 1992).

Entity Tags: National Security Agency, Osama bin Laden, Meir Kahane, Omar Abdul-Rahman, Central Intelligence Agency, Al-Kifah Refugee Center, US Department of State, Abu Bakr Mosque, Al Farouq Mosque, Al Salaam Mosque, Anwar Sadat, World Trade Center

Timeline Tags: Complete 911 Timeline

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

Meir Kahane.Meir Kahane. [Source: Publicity photo]Egyptian-American El Sayyid Nosair assassinates controversial right-wing Zionist leader Rabbi Meir Kahane. Kahane’s organization, the Jewish Defense League, was linked to dozens of bombings and is ranked by the FBI as the most lethal domestic militant group in the US at the time. Nosair is captured after a police shoot-out. [Village Voice, 3/30/1993] Within hours, overwhelming evidence suggests that the assassination was a wide conspiracy but the US government will immediately declare that Nosair was a lone gunman and ignore the evidence suggesting otherwise (see November 5, 1990 and After). Nosair will later be acquitted of Kahane’s murder (though he will be convicted of lesser charges) as investigators continue to ignore most of the evidence in his case which links to a wider conspiracy (see December 7, 1991). Nosair is connected to al-Qaeda through his job at the Al-Kifah Refugee Center, an al-Qaeda front (see 1986-1993). A portion of Nosair’s defense fund will be paid for by bin Laden, although this will not be discovered until some time later. [ABC News, 8/16/2002; Lance, 2003, pp. 34-37]

Entity Tags: Meir Kahane, Al-Qaeda, Al-Kifah Refugee Center, El Sayyid Nosair

Timeline Tags: Complete 911 Timeline

Invesigators remove boxes of evidence from El Sayyid Nosair’s residence hours after the assassination.Invesigators remove boxes of evidence from El Sayyid Nosair’s residence hours after the assassination. [Source: National Geographic]US government agencies cover up evidence of a conspiracy in the wake of El Sayyid Nosair’s assassination of controversial right-wing Zionist leader Rabbi Meir Kahane (see November 5, 1990). Nosair is captured a few blocks from the murder site after a police shoot-out. An FBI informant says he saw Nosair meeting with Muslim leader Sheikh Omar Abdul-Rahman a few days before the attack, and evidence indicating a wider plot with additional targets is quickly found. [Village Voice, 3/30/1993] Later that night, police arrive at Nosair’s house and find a pair of Middle Eastern men named Mahmud Abouhalima and Mohammed Salameh there. They are taken in for questioning. Additionally, police collect a total of 47 boxes of evidence from Nosair’s house, including: [Lance, 2003, pp. 34-35]
bullet Thousands of rounds of ammunition.
bullet Maps and drawings of New York City landmarks, including the World Trade Center.
bullet Documents in Arabic containing bomb making formulas, details of an Islamic militant cell, and mentions of the term “al-Qaeda.”
bullet Recorded sermons by Sheikh Omar Abdul-Rahman in which he encourages his followers to “destroy the edifices of capitalism” and destroy “the enemies of Allah” by “destroying their… high world buildings.”
bullet Tape-recorded phone conversations of Nosair reporting to Abdul-Rahman about paramilitary training, and even discussing bomb-making manuals.
bullet Videotaped talks that Ali Mohamed delivered at the John F. Kennedy Special Warfare Center at Fort Bragg, North Carolina.
bullet Top secret manuals also from Fort Bragg. There are even classified documents belonging to the US Joint Chiefs of Staff and the Commander in Chief of the Army’s Central Command. These manuals and documents had clearly come from Mohamed, who completed military service at Fort Bragg the year before and frequently stayed in Nosair’s house.
bullet A detailed and top secret plan for Operation Bright Star, a special operations training exercise simulating an attack on Baluchistan, a part of Pakistan between Afghanistan and the Arabian Sea. [Raleigh News and Observer, 10/21/2001; Raleigh News and Observer, 11/13/2001; Wall Street Journal, 11/26/2001; ABC News, 8/16/2002; Lance, 2003, pp. 34-35]
bullet Also within hours, two investigators will connect Nosair with surveillance photographs of Mohamed giving weapons training to Nosair, Abouhalima, Salameh, and others at a shooting range the year before (see July 1989). [Lance, 2003, pp. 34-35] But, ignoring all of this evidence, still later that evening, Joseph Borelli, the New York police department’s chief detective, will publicly declare the assassination the work of a “lone deranged gunman.” He will further state, “I’m strongly convinced that he acted alone.… He didn’t seem to be part of a conspiracy or any terrorist organization.” The 9/11 Congressional Inquiry will later conclude, “The [New York Police Department] and the District Attorney’s office… reportedly wanted the appearance of speedy justice and a quick resolution to a volatile situation. By arresting Nosair, they felt they had accomplished both.” [Village Voice, 3/30/1993; Lance, 2003, pp. 34-36] Abouhalima and Salameh are released, only to be later convicted for participating in the 1993 bombing of the World Trade Center. Investigators will later find in Nosair’s possessions a formula for a bomb almost identical to one used in the WTC bombing. [New York Magazine, 3/17/1995] As one FBI agent will later put it, “The fact is that in 1990, myself and my detectives, we had in our office in handcuffs, the people who blew up the World Trade Center in ‘93. We were told to release them.” The 47 boxes of evidence collected at Nosair’s house that evening are stored away, inaccessible to prosecutors and investigators. The documents found will not be translated until after the World Trade Center bombing. Nosair will later be acquitted of Kahane’s murder (though he will be convicted of lesser charges), as investigators will continue to ignore all evidence that could suggest Nosair did not act alone (see December 7, 1991). [ABC News, 8/16/2002; Lance, 2003, pp. 34-37] District Attorney Robert Morgenthau, who prosecuted the case, will later speculate the CIA may have encouraged the FBI not to pursue any other leads. Nosair worked at the Al-Kifah Refugee Center which was closely tied to covert CIA operations in Afghanistan (see Late 1980s and After). [New York Magazine, 3/17/1995]

Entity Tags: Joseph Borelli, Mahmud Abouhalima, Meir Kahane, Federal Bureau of Investigation, El Sayyid Nosair, Al-Qaeda, Ali Mohamed, Central Intelligence Agency, Robert Morgenthau, Mohammed Salameh, Al-Kifah Refugee Center

Timeline Tags: Complete 911 Timeline

Counterterrorism expert Rohan Gunaratna will later write that Khalid Shaikh Mohammed (KSM) first “earned his spurs” in al-Qaeda by serving as one of Osama bin Laden’s first bodyguards. Then, in 1991, bin Laden sends KSM to the Philippines where he trains members of the militant groups Abu Sayyaf and the Moro Islamic Liberation Front (MILF) in bomb making and assassination. He works with bin Laden’s brother-in-law Mohammed Jamal Khalifa to establish an operational base there and also in Malaysia. Presumably he also works with his nephew Ramzi Yousef, who trains Abu Sayyaf militants the same year (see December 1991-May 1992). Gunaratna says that “After proving himself an outstanding organizer, [KSM] was given substantial operational authority and autonomy by bin Laden.” However, KSM’s work with the Abu Sayyaf and MILF is soon discovered and he “has been on the run since 1991.” KSM will return with Yousef to the Philippines in 1994 to exploit the network they built and develop the Bojinka plot (see January 6, 1995). [Gunaratna, 2003, pp. xxiv-xxix]

Entity Tags: Osama bin Laden, Abu Sayyaf, Mohammed Jamal Khalifa, Khalid Shaikh Mohammed, Ramzi Yousef, Moro Islamic Liberation Front

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bilal Philips.Bilal Philips. [Source: Lightuponlight.com]Shortly after the end of fighting in the US-led Persian Gulf war against Iraq, the US allows the Saudi government to conduct a massive program to convert US soldiers still stationed in Saudi Arabia (see March 1991) to Islam. Huge tents are erected near the barracks of US troops and Saudi imams lecture the soldiers about Islam and attempt to convert them. Within months, about 1,000 soldiers, and perhaps as many as 3,000, convert to Islam. Some US officials express concern about the aggressive conversion effort and the long term implications it may have, but the program is not stopped. Radical imam Bilal Philips helps lead the conversion effort. He will later explain that a special team of fluent English speakers, some trained in psychology, was amply paid by the Saudi government to convert the soldiers. Converts had their pilgrimages to Islamic holy cities paid for and Muslim imams were assigned to follow up with them when they returned to the US. Philips is openly hostile to the US, saying such things as, “Western culture led by the United States is an enemy of Islam.” He will later note that some of his converts went to fight in Bosnia and others were the subject of terrorism probes in the US. [US Congress, Senate, Committee on the Judiciary, 10/14/2003; Washington Post, 11/2/2003] Philips will work with the Saudi government and one of the “Landmarks” bombers to send 14 Muslim ex-US soldiers to fight in Bosnia in 1992 (see December 1992). Listed as an unindicted coconspirator in the 1993 WTC bombing, he will be deported from the US in 2004. [Australian Associated Press, 4/4/2007]

Entity Tags: Saudi Arabia, Bilal Philips, US Department of the Army

Timeline Tags: Complete 911 Timeline

Hambali, an important future al-Qaeda leader, moves to the village of Sungai Manggis, Malaysia, about an hour north of the capital of Kuala Lumpur. Hambali is from nearby Indonesia and fought in Afghanistan with Osama bin Laden in the late 1980s. He starts off poor, working at odd jobs, but soon is frequently traveling and has many overseas visitors. Intriguingly, Hambali’s landlord will later say of Hambali’s visitors, “Some looked Arab and others white.” Hambali plays a major role in the 1995 Bojinka plot in the Philippines (see January 6, 1995), and after that plot is foiled he continues to live in his simple Sungai Manggis house. [Time, 4/1/2002; Los Angeles Times, 9/1/2002] Living near Hambali in this village are other regional Islamist militant leaders such as Abdullah Sungkar, Imam Samudra (allegedly a key figure in the 2000 Christmas bombings (see December 24-30, 2000) and the 2002 Bali bombings (see October 12, 2002)), Abu Bakar Bashir, the spiritual leader of the al-Qaeda affiliate Jemaah Islamiyah, and Abu Jibril. So many militants live in this village that it becomes known as “Terror HQ” to intelligence agencies. Sungkar and Bashir are considered the two most well-known militant leaders in Southeast Asia at the time (Sungkar dies of old age in 1999). Hambali’s house is directly across from Bashir’s and they are considered friends. [Tempo, 10/29/2002; Ressa, 2003] Interestingly, Fauzi Hasbi, an Indonesian government mole posing as a militant leader, lives next door to Bashir as well. [SBS Dateline, 10/12/2005] Despite his role in the Bojinka plot, Hambali continues to live there very openly. Beginning in March 1995, just two months after the plot was foiled, Hambali throws his first feast for several hundred guests to mark a Muslim holiday. This becomes an annual party. He also sometimes travels to Indonesia. [Time, 4/1/2002] By May 1999, if not earlier, the FBI connects Hambali to the Bojinka plot (see May 23, 1999). In January 2000, he attends a key al-Qaeda summit in nearby Kuala Lumpur. The CIA gets pictures and video footage of him at the meeting and already has pictures of him from a computer linked to the Bojinka plot (see January 5-8, 2000 and January 5, 2000). However, there is no apparent effort to apprehend him, extradite him, or even put him on a public wanted list. He continues to live in Sungai Manggis until at least late 2000. [Conboy, 2003]

Entity Tags: Fauzi Hasbi, Abu Bakar Bashir, Hambali, Abdullah Sungkar, Jemaah Islamiyah, Abu Jibril, Imam Samudra

Timeline Tags: Complete 911 Timeline

Elfatih Hassanein (center).Elfatih Hassanein (center). [Source: Magyar Iszlam]In 1987, a Sudanese man named Elfatih Hassanein found the Third World Relief Agency (TWRA). By mid-1991, Bosnian President Izetbegovic contacts Hassanein, who he has known since the 1970s. The two men agree to turn TWRA from an obscure charity into what the Washington Post will later call “the chief broker of black-market weapons deals by Bosnia’s Muslim-led government and the agent of money and influence in Bosnia for Islamic movements and governments around the world.” A banker in Vienna will later call Hassanein the “bagman” for Izetbegovic. “If the Bosnian government said we need flour, he ran after flour. If they said we need weapons, he ran after weapons.” [Washington Post, 9/22/1996; Schindler, 2007, pp. 148] The TWRA is controlled by a committee composed of Hassanein and:
bullet Hasan Cengic. He is in charge of arming a Bosnian militia run by the SDA party (see June 1991).
bullet Irfan Ljevakovic.
bullet Husein Zivalj.
bullet Dervis Djurdjevic.
All of them are important members of Izetbegovic’s SDA party, and all but Ljevakovic were codefendants with Izetbegovic in a 1983 trial. Most payments require the approval of three of the five, except for amounts greater than $500,000, in which case Izetbegovic has to give approval. The corruption from these higher-ups is said to be incredible, with up to half of all money passing through the TWRA going into their pockets. [Schindler, 2007, pp. 148-152] The TWRA is based in Vienna, Austria, and Izetbegovic personally guarantees Hassanein’s credentials with banks there. Soon, machine guns, missiles and other weapons are being shipped into Bosnia in containers marked as humanitarian aid. Hassanein is a member of Sudan’s government party and a follower of top Sudanese leader Hassan al-Turabi. Just like al-Turabi, he works with bin Laden and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. He becomes the main agent in Europe for marketing and selling video and audio tapes of Abdul-Rahman’s sermons. In March 1992, the Sudanese government gives him a diplomatic passport and he uses it to illegally transport large amounts of cash from Austria into Bosnia without being searched. [Burr and Collins, 2006, pp. 140-141] The Saudi Arabian government is the biggest contributor to TWRA, but many other governments give money to it too, such as Sudan, Iran, Pakistan, Brunei, Turkey, and Malaysia. Bin Laden is also a major contributor. [Washington Post, 9/22/1996] Author John Schindler will later note, “Relations between bin Laden and TWRA were close, not least because during the Bosnian war the al-Qaeda leadership was based in Khartoum, Sudan, under the protection of the Sudanese Islamist regime that was the ultimate backer of Hassanein and his firm.” TWRA also works closely with the International Islamic Relief Organization (IIRO) and most other charity fronts in Bosnia. [Schindler, 2007, pp. 151-152] A later study by the Bosnian government with help from Western intelligence agencies will determine that at least $2.5 billion passed through the TWRA to Bosnia between 1992 and 1995. The study will call the TWRA “a group of Bosnian Muslim wartime leaders who formed an illegal, isolated ruling oligarchy, comprising three to four hundred ‘reliable’ people in the military commands, the diplomatic service, and a number of religious dignitaries.… It was this organization, not the Government [of Bosnia], that controlled all aid that Islamic countries donated to the Bosnian Muslims throughout the war.” [Schindler, 2007, pp. 149-150]

Entity Tags: Omar Abdul-Rahman, Osama bin Laden, Dervis Djurdjevic, Alija Izetbegovic, Elfatih Hassanein, Hassan al-Turabi, Third World Relief Agency, Irfan Ljevakovic, Husein Zivalj, Hasan Cengic, International Islamic Relief Organization

Timeline Tags: Complete 911 Timeline

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