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Context of 'November 16-17, 1987: Republicans Issue Minority Iran-Contra Report, Claim Administration Actions Legitimate'

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

Entity Tags: James Madison, Charlie Savage

Timeline Tags: Civil Liberties

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

Entity Tags: James Madison

Timeline Tags: Civil Liberties

US states begin outlawing abortions, which have been practiced legally in most societies for thousands of years; at the time of the adoption of the US Constitution, abortions before “quickening” (i.e. birth) were commonly performed. In 2010, the National Abortion Federation will explain: “The motivations for anti-abortion laws varied from state to state. One of the reasons included fears that the population would be dominated by the children of newly arriving immigrants, whose birth rates were higher than those of ‘native’ Anglo-Saxon women.” As medical procedures were developed to increase the safety of both births and abortions, medical doctors began attempting to legally exclude practicioners such as homeopaths, midwives, and apothecaries from performing abortions, in part due to legitimate medical concerns and in part to ensure that they collected the fees paid by clients for abortions. In the late 1800s, the newly formed American Medical Association (AMA) argues that abortion is both immoral and dangerous. By 1910, all but one state has criminalized abortion except where necessary, in a doctor’s judgment, to save the woman’s life. “Back-alley,” or “criminal” abortions become commonplace, often performed by untrained “practitioners” in dangerous and unsanitary conditions or by the women themselves; many women are unnecessarily killed or injured during these procedures. Though in the mid-1960s some states will begin liberalizing their abortion laws, it will not be until 1973 that abortion becomes legal throughout the United States (see January 22, 1973). [National Abortion Federation, 2010]

Entity Tags: American Medical Association, National Abortion Federation

Timeline Tags: US Health Care

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

Entity Tags: Abraham Lincoln

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Benjamin Tillman, Theodore Roosevelt, Tillman Act

Timeline Tags: Civil Liberties

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

Entity Tags: Jeannette Rankin, Franklin Delano Roosevelt

Timeline Tags: Civil Liberties

A B-29 bomber similar to the one that crashed in Georgia.A B-29 bomber similar to the one that crashed in Georgia. [Source: Global Security (.org)]A test flight for the Air Force’s Project Banshee, located at Robins Air Force Base in Georgia, is set for 8:30 a.m. Banshee is an attempt begun in 1946 to develop and deploy a long-range missile ahead of both the Soviet Union and rival US military branches. The airplane used in the test flight crashes less than an hour into its flight, killing 9 of the 13 aboard.
Maintenance Problems - The plane assigned for the flight is a B-29 Stratofortress, a bomber made famous by its delivery of the atomic bombs to Hiroshima and Nagasaki at the end of World War II. B-29s are notoriously difficult to fly and maintain: their four wing-mounted engines almost routinely overheat and catch fire, causing engine shutdowns, sudden drops in altitude, and, often, crashes. The engines’ eighteen cylinders lack sufficient airflow to keep them cool, and the overheating often causes the crankcases, made of light but highly flammable magnesium, to burst into flames. Like so many of its brethren, the plane has suffered its share of maintenance issues, and is flying without numerous recommended maintenance and repair tasks being performed. Just five days before, it had been designated “red cross”—grounded and unfit for service. It was allowed to fly through an “exceptional release” signed by the squadron commander.
Crew Difficulties - The flight is moved back to the afternoon after some crew members fail to show up on time, and to allow last-minute repairs to be made. By takeoff, the flight crew is assembled: Captain Ralph Erwin; co-pilot Herbert W. Moore; flight engineer Earl Murrhee; First Lieutenant Lawrence Pence, Jr, the navigator; Sergeant Walter Peny, the left scanner; Sergeant Jack York, the right scanner; Sergeant Melvin Walker, the radio operator; and Sergeant Derwood Irvin, manning the bombsight and autopilot. The crew is joined by civilian engineers assigned to Banshee: Al Palya and Robert Reynolds from RCA, William Brauner and Eugene Mechler from the Franklin Institute, and Richard Cox from the Air Force’s Air Materiel Command. In violation of standard procedure, none of the crew or the civilians are briefed on emergency procedures, though Murrhee will later say that the crew were all familiar with the procedures; he is not so sure about the civilians, though he knows Palya and Reynolds have flown numerous test flights before. In another violation of Air Force regulations, none of the flight crew have worked together before. As author Barry Siegel will note in 2008, “The pilot, copilot, and engineer had never shared the same cockpit before.”
Engine Fire and Crash - Less than an hour into the flight, one engine catches fire and two others lose power, due to a combination of maintenance failures and pilot errors. The civilians have some difficulty getting into their parachutes as Erwin and Moore attempt to regain control of the aircraft. Four of the crew and civilians manage to parachute from the plane, but most remain on board as the airplane spirals into the ground on the edge of the Okefenokee Swamp, near Waycross, Georgia. Crew members Moore, Murrhee, and Peny survive, as does a single civilian, Mechler. Four others either jump at too low an altitude or die when their chutes foul the airplane; the other five never manage to leave the plane and die on impact.
Widows File Suit - Several of the civilians’ widows will file suit against the US Air Force, asserting that their husbands died because of Air Force negligence (see June 21, 1949). Their lawsuit will eventually become US v. Reynolds, a landmark Supreme Court case and the underpinning for the government’s claims of state secrets privilege (see March 9, 1953). [Siegel, 2008, pp. 3, 14-17, 33-49]

Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York

Timeline Tags: Civil Liberties

The Army Air Force’s Air Materiel Command receives the initial report on an investigation of a B-29 crash in Georgia (see October 6, 1948). Perceptions of the crash are colored by the fact that the bomber was carrying equipment from Project Banshee, a secret Air Force missile development initiative. The initial report is meticulously factual, providing an almost minute-by-minute account of the events preceding the crash as told by the four survivors and intensive examination of the debris. The report concludes that it would benefit future B-29 pilots to have more training on flying the plane when it has lost both engines on one wing, and a general recommendation that the pilot and crew should give civilian passengers better instruction in emergency procedures. Though the report is circumspect in the extreme in finding fault with the pilot and military personnel for the crash, and gives only vague and generalized recommendations to help prevent future crashes, the Air Force will heatedly deny that the pilots or crew could have been in any way responsible for the crash. In 2008, reporter Barry Siegel will write, “Years later, this particular claim, in fact Air Materiel Command’s entire position, would cause various veteran aviators to hoot.” Pilot error causing the crash is obvious, they will conclude. [Siegel, 2008, pp. 62-65]

Entity Tags: US Department of the Air Force, Barry Siegel, Air Materiel Command, Project Banshee

Timeline Tags: Civil Liberties

Phyllis Brauner and Elizabeth Palya, who both lost their husbands in the “Project Banshee” B-29 crash (see October 6, 1948), file a civil action lawsuit against the US government in regards to the crash. The lawsuit claims that the US Air Force, in the person of the pilot and military crew members of the B-29, caused the deaths of their civilian husbands by “the negligence and wrongful acts and omissions of the officers and employees” of the US. The widows’ lawyer, Charles Biddle, asks the government for $300,000 per family. A third widow, Patricia Reynolds, will join the lawsuit in September 1949. One of the biggest issues surrounding the case is the lawsuit’s request that Biddle and his lawyers be given access to the official accident reports, which the government will claim cannot be revealed because they may contain classified information (see October 18, 1948 and August 7-8, 1950). Biddle’s promise that no one else will see the reports makes no impression on the government’s lawyers. [Siegel, 2008, pp. 100-101]

Entity Tags: Elizabeth Palya, Charles Biddle, Patricia Reynolds, Phyllis Brauner, US Department of the Air Force, Project Banshee

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

A federal judge orders the Air Force to turn over copies of its classified accident reports about a B-29 crash (see October 6, 1948) as part of a lawsuit filed by three of the widows of crew members killed in the crash (see June 21, 1949). Claiming that the reports may contain classified information about a secret missile development project, Project Banshee, the Air Force not only refuses to turn over the accident reports to the widows’ lawyer, it refuses to allow even the attorney general to view the documents (see August 7-8, 1950). The lawyer for the widows, Charles Biddle, will continue to press for the release of the accident reports. [Siegel, 2008, pp. 120-123]

Entity Tags: Charles Biddle, Project Banshee, US Department of the Air Force

Timeline Tags: Civil Liberties

Weeks after the Justice Department refused to make accident reports of a 1948 B-29 crash (see October 6, 1948) available to the plaintiffs in an ongoing wrongful death lawsuit against the government (see July 26, 1950) because the reports are so highly classified that their disclosure might “seriously hamper national security” (see July 26, 1950 and August 7-8, 1950), the Air Force, in a routine review, drastically lowers the classification of the accident reports from top-level “Secret” to third-level “Restricted.” Whereas “Secret” documents supposedly contain information that “might endanger national security” if revealed, “Restricted” documents are “for official use only” and should not be disclosed “for reasons of administrative privacy.” The Air Force apparently no longer considers the documents a threat to national security. However, neither the plaintiffs’ lawyers, the judge hearing the lawsuit, or even the Justice Department lawyers are aware of the reports’ reduction in status. They continue to argue the merits of releasing the reports as if they are still highly classified. [Siegel, 2008, pp. 133]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules that the US government must turn over the disputed, and supposedly highly classified (see September 14, 1950), accident reports from a 1948 B-29 crash (see October 6, 1948)—not to the plaintiffs in the lawsuit over the crash (see July 26, 1950), but to Kirkpatrick himself. He wishes to review the reports to determine if they contain any information that might threaten national security, and, before turning the documents over to the plaintiffs’ lawyers, will personally remove that information. In mid-October, when the government again refuses to turn over the documents, Kirkpatrick will find in favor of the plaintiffs (see October 12, 1950). [Siegel, 2008, pp. 133-134]

Entity Tags: US Department of Justice, William H. Kirkpatrick

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules in favor of the plaintiffs in a wrongful death lawsuit against the US government (see October 6, 1948, June 21, 1949, and July 26, 1950), after the government refuses to turn over classified accident reports that have a direct bearing on the plaintiffs’ case (see September 21, 1950). Judge Kirkpatrick orders the government to pay the plaintiffs, three widows who lost their husbands in a 1948 plane crash, a total of $225,000. The plaintiffs’ lawyer, Charles Biddle, expects the government to balk at paying out the money, and to instead continue to challenge the court’s attempt to compel it to turn over the accident reports (see October 19, 1951). [Siegel, 2008, pp. 134-139]

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

The government, represented by a team of Justice Department lawyers, appeals the recent ruling against it in the ‘Banshee’ B-29 plane crash lawsuit (see June 21, 1949). In the Third US Circuit Appeals Court, the government argues that the lower court had no business demanding that the Air Force turn over classified accident reports about the crash, because the reports may contain information that would potentially compromise national security (see October 12-18, 1948 and September 14, 1950). The government had twice defied court orders to produce the documents, and as a result had lost the lawsuit (see October 12, 1950). The Justice Department’s arguments come down to the assertion that the judiciary has no constitutional right to compel the executive branch to turn over documents it considers privileged. In 2008, author Barry Siegel will write, “For the first time in the B-29 litigation, the government directly argued that the judiciary could not review [the government’s] claim of privilege.” The lawyer for the plaintiffs, Charles Biddle, counters that the executive branch has no such sweeping claim of privilege, and that a judge should be allowed to review documents in dispute to determine both their bearing on a case and the possibility that releasing those documents could jeopardize national security (see September 21, 1950). Three weeks later, the appeals court will rule unanimously against the government (see December 11, 1951). [Siegel, 2008, pp. 149-153]

Entity Tags: US Department of Justice, Charles Biddle, Barry Siegel

Timeline Tags: Civil Liberties

A three-judge federal appeals court unanimously rejects the government’s claim of unfettered executive privilege and secrecy in regards to classified documents (see October 19, 1951). In an opinion written by Judge Albert Maris, the court finds that the government’s claim that the judiciary can never compel the executive branch to turn over classified documents to be without legal merit. The plaintiffs in the case, three widows who lost their husbands in the crash of a B-29 bomber carrying classified materials (see June 21, 1949), had a compelling need for the documents in question, the downed B-29 accident reports, to further their case, Maris writes (see October 12, 1950).
No Legal Basis for Claim of Privilege - Maris goes further than the parameters of the single lawsuit, writing: “[W]e regard the recognition of such a sweeping privilege… as contrary to a sound public policy. The present cases themselves indicate the breadth of the claim of immunity from disclosure which one government department head has already made. It is but a small step to assert a privilege against any disclosure of records merely because they might prove embarrassing to government officials. Indeed, it requires no great flight of imagination to realize that if the government’s contentions in these cases were affirmed, the privilege against disclosure might gradually be enlarged… until as is the case in some nations today, it embraced the whole range of government activities.… We need to recall in this connection the words of [Revolution-era jurist] Edward Livingston: ‘No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin, and reduced to slavery, by suffering gradual imposition and abuses, which were imperceptible, only because the means of publicity had not been secured.’” He also quotes Revolutionary War figure Patrick Henry, who said, “[T]o cover with the veil of secrecy the common routine of business is an abomination in the eyes of every intelligent man and every friend to his country.”
Rejecting Claim of 'State Secrets' - Maris is even less respectful of the government’s claim of a “state secrets” privilege. He notes that the government did not make that claim until well into the lawsuit proceedings (see October 19, 1951), indicating that it was a “fallback” argument used after the original government arguments had failed. Maris is also troubled, as author Barry Siegel later writes, in the government’s “assertion of unilateral executive power, free from judicial review, to decide what qualified as secret.” The lower court judge’s ruling that he alone should be given the documents for review adequately protected the government’s security interests, Maris writes: “[But] the government contends that it is within the sole province of the secretary of the Air Force to determine whether any privileged material is contained in the documents and that his determination of this question must be accepted by the district court without any independent consideration.… We cannot accede to this proposition. On the contrary, we are satisfied that a claim of privilege against disclosing evidence… involves a justiciable question, traditionally within the competence of the courts.… To hold that the head of an executive department of the government in a [law]suit to which the United States is a party may conclusively determine the government’s claim of privilege is to abdicate the judicial function to infringe the independent province of the judiciary as laid down by the Constitution.”
Fundamental Principle of Checks and Balances - Maris continues: “The government of the United States is one of checks and balances. One of the principal checks is furnished by the independent judiciary which the Constitution established. Neither the executive nor the legislative branch of the government may constitutionally encroach upon the field which the Constitution has reserved for the judiciary.… Nor is there any danger to the public interest in submitting the question of privilege to the decision of the courts. The judges of the United States are public officers whose responsibilities under the Constitution is just as great as that of the heads of the executive departments.”
Government Appeal - The Justice Department will appeal the ruling to the US Supreme Court (see March 1952 and March 9, 1953). [Siegel, 2008, pp. 153-156]

Entity Tags: Albert Maris, US Department of Justice, Barry Siegel, US Supreme Court

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Lawyers make their opening arguments before the Supreme Court in the case of US v Reynolds, the lawsuit that finds the government had no overarching right to unilaterally refuse to deliver classified documents in the course of a wrongful death lawsuit against the government (see December 11, 1951). The government has appealed the appellate court ruling to the Supreme Court (see March 1952). Because four of the nine justices had voted not to hear the case—in essence to let the appellate court ruling stand—the defense is cautiously optimistic about the Court’s decision.
Judiciary Has No Right to Interfere with Powers of the Executive, Government Argues - Acting Solicitor General Robert Stern tells the Court that the appellate judges’ decision, written by Judge Albert Maris, “is an unwarranted interference with the powers of the executive,” and that the decision forced the government to choose “whether to disclose public documents contrary to the public interest [or] to suffer the public treasury to be penalized” (a reference to the decision to award the plaintiffs monetary damages—see October 12, 1950). The judiciary “lack[s] power to compel disclosure by means of a direct demand [as well as] by the indirect method of an order against the United States, resulting in judgment when compliance is not forthcoming.”
Executive Has No Right to Unilaterally Withhold Information, Defense Counters - Stern’s arguments are countered by those of the plaintiffs’ lawyer, Charles Biddle, who writes, “We could rest our case with confidence on the clear opinion of Judge Maris,” but continues by arguing that if the government asserts a claim of executive privilege on the basis of national security, it must make the documents available to the Court for adjudication, or at least provide enough information for the Court to judge whether the documents present in fact a threat to national security if disclosed. This is particularly true, Biddle argues, “where there is no showing that the documents in question contain any military secret” (Biddle is unaware that the documents’ classification status had been reduced two years before—see September 14, 1950). “The basic question here is whether those in charge of the various departments of the government may refuse to produce documents properly demanded… in a case where the government is a party (see June 21, 1949), simply because the officials themselves think it would be better to keep them secret, and this without the Courts having any power to question the propriety of such decision.… In other words, say the officials, we will tell you only what we think it is in the public interest that you should know. And furthermore, we may withhold information not only about military or diplomatic secrets, but we may also suppress documents which concern merely the operation of the particular department if we believe it would be best, for purposes of efficiency or morale, that no one outside of the department, not even the Court, should see them.”
No Basis for Claims of Military Secrets - Biddle argues that because of responses he has received to his demands over the course of this lawsuit, he is relatively sure there are no military secrets contained within them. “[T]he proof is to the contrary,” he says, and goes on to say that had the Air Force disclosed from the outset that the plane crash, the fatal accident that sparked the original lawsuit (see October 6, 1948), was probably caused by pilot error and not by random chance, the plaintiffs may have never needed to ask for the disclosure of the documents in question, the accident reports on the crash (see October 18, 1948). “The secretary [of the Air Force]‘s formal claim of privilege said that the plane at the time was engaged in a secret mission and that it carried confidential equipment,” Biddle says, “but nowhere was it asserted that either had anything to do with the accident. The whole purpose of the demand by the respondents was for the purpose of finding out what caused the accident.… They were not in the least interested in the secret mission or equipment.” [Siegel, 2008, pp. 165-170]

Entity Tags: US Supreme Court, Albert Maris, Robert Stern, US Department of the Air Force, Charles Biddle

Timeline Tags: Civil Liberties

In their regular Saturday conference, the nine Supreme Court justices discuss the issues and arguments surrounding US v Reynolds (see October 21, 1952). According to the notes from the discussion, Chief Justice Fred Vinson, a strong advocate for expansive executive powers (see March 1952), says the case “boils down to Executive Branch determine privilege.” Other notes by Justice William O. Douglas suggest that Vinson isn’t convinced that the US must “be forced to pay for exercising its privilege” (see October 12, 1950). A straw vote taken at the end of the discussion shows five justices in favor of the government’s position to unilaterally withhold classified documents—overturning the appellate court decision (see December 11, 1951), and four in favor of allowing the decision to stand. [Siegel, 2008, pp. 171]

Entity Tags: Fred Vinson, US Supreme Court, William O. Douglas

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

The Nixon administration revamps the Bureau of the Budget into the Office of Management and Budget (OMB). In 2007, author Charlie Savage will describe the first OMB as “a brain trust of political loyalists who helped the president to manage the sprawling federal bureaucracy so that he would bend its work to his agenda.” By President Nixon’s second term, his top officials are dissatisfied with the results, and decide to take stronger steps. According to administration memos, the new strategy is, as Savage will write, “to politicize the bureaucracy by purging it and then restocking it with ‘Nixon loyalists’ who would ‘retake the departments.’ Agency heads were to send regular reports to Nixon’s chief of staff, H. R. Haldeman, about their progress in ‘gaining control of the bureaucracy.’” The efforts will bear little fruit after the Watergate scandal derails the idea. [Savage, 2007, pp. 304] The Reagan administration will revive the scheme (see February 1981 and After).

Entity Tags: Nixon administration, Charlie Savage, Office of Management and Budget, H.R. Haldeman, Richard M. Nixon

Timeline Tags: Civil Liberties

Headline from the New York Times regarding the ‘Roe’ decision.Headline from the New York Times regarding the ‘Roe’ decision. [Source: RubeReality (.com)]The US Supreme Court, in a 7-2 decision, legalizes abortion on a federal level in the landmark case of Roe v. Wade. The majority opinion is written by Justice Harry Blackmun; he is joined by Chief Justice Warren Burger and Justices William O. Douglas, William Brennan, Potter Stewart, Thurgood Marshall, and Lewis Powell. Justices Byron “Whizzer” White and William Rehnquist dissent from the opinion. Blackmun’s majority opinion finds that the 14th Amendment’s guarantees of personal liberty and previous decisions protecting privacy in family matters include a woman’s right to terminate her pregnancy. White’s dissent argues that the Court has “fashion[ed] and announce[d] a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invest[ed] that right with sufficient substance to override most existing state abortion statutes.” The decision does not make abortion freely available to women in any stage of pregnancy. It places the following constraints:
bullet No restrictions on availability are made during the first trimester (three months) of a woman’s pregnancy.
bullet Because of increased risks to a woman’s health during the second trimester, the state may regulate the abortion procedure only “in ways that are reasonably related to maternal health.”
bullet In the third and final trimester, since the rate of viability (live birth) is markedly greater than in the first two trimesters, the state can restrict or even prohibit abortions as it chooses, “except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.”
Originally brought to challenge a Texas law prohibiting abortions, the decision disallows a host of state and federal restrictions on abortion, and sparks an enormous controversy over the moral, religious, and legal viability of abortion that continues well into the 21st century. [ROE v. WADE, 410 US 113 (1973), 1/22/1973; CNN, 1/22/2003; National Abortion Federation, 2010] In a related case, Roe v. Bolton, the Court strikes down restrictions on facilities that can be used to provide abortions. The ruling leads to the establishment of so-called “abortion clinics.” [CBS News, 4/19/2007]

Entity Tags: Potter Stewart, Byron White, Lewis Powell, Harry Blackmun, William Rehnquist, US Supreme Court, William O. Douglas, Warren Burger, William Brennan, Thurgood Marshall

Timeline Tags: US Health Care, Civil Liberties

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

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

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

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

An amendment to a Congressional appropriations bill is signed into law. The amendment, sponsored by Representative Henry Hyde (D-IL), prohibits the use of certain federal funds to fund abortions, and primarily affects Medicaid payments. It will quickly become known as the Hyde Amendment and will be renewed every year thereafter. The amendment is a response to the 1973 legalization of abortion by the US Supreme Court’s Roe v. Wade decision (see January 22, 1973), and represents the first major victory by anti-abortion forces to restrict the availability of abortions in the US. Many abortion advocates say the amendment unfairly targets low-income women, effectively denying them access to abortions, and restricts abortions to women who can pay for them. A 2000 study will show that up to 35 percent of women eligible for Medicaid would have had abortions had public funding been available to them; instead, they carried their pregnancies to term against their own wishes. The American Civil Liberties Union (ACLU) will call the amendment “discriminatory.” In 1993, the wording of the Hyde Amendment will be modified to read, “None of the funds appropriated under this Act shall be expended for any abortion except when it is made known to the federal entity or official to which funds are appropriated under this Act that such procedure is necessary to save the life of the mother or that the pregnancy is the result of an act of rape or incest.” The wording will remain the same for the next 17 years. As the amendment covers only federal spending, some states, including Hawaii and New York, cover abortions. Court challenges will result in the forcible coverage of abortions in other states. [American Civil Liberties Union, 7/21/2004; National Abortion Federation, 2006; National Committee for a Human Life Amendment, 3/2008 pdf file]

Entity Tags: US Supreme Court, American Civil Liberties Union, Henry Hyde

Timeline Tags: US Health Care

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

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

Reagan administration officials decide to revive the Nixon-era scheme to use the Office of Management and Budget (OMB) to purge the federal bureaucracy of “dissidents” and replace them with loyal conservatives (see 1970 and After). As part of the plan, President Reagan issues an executive order requiring all agencies to submit proposed new policies to the OMB for review before they can be put into effect. [Savage, 2007, pp. 304-305]

Entity Tags: Reagan administration, Ronald Reagan, Office of Management and Budget

Timeline Tags: 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

The “Army of God” (AOG), an underground anti-abortion extremist group, forms, according to government documents. The Army of God advocates violence towards abortion providers and clinics, and will even recommend murder and assassination of abortion providers (see Early 1980s); later it will also advocate violence against homosexuals in order to end what it calls the “homosexual agenda.” Current and future leaders and prominent members will include Don Benny Anderson (see August 1982), Michael Bray (see September 1994), James Kopp (see October 23, 1998), Neal Horsley (see January 1997), and Eric Robert Rudolph (see January 29, 1998). It is unclear how large the group is. The group advocates “whatever means are necessary” to stop abortions, which it calls “baby-killing.” According to government documents, the AOG manual “explicitly states that this is a ‘real’ army, with the stated mission of choosing violent means both to permanently end the ability of medical personnel to perform abortions and to draw media attention to their opposition to women’s right to choose to have abortions.” The AOG advocates the use of glue, acid, firebombs, and explosives against clinics and clinic personnel, and later advocates shooting abortion providers and clinic staff. A government document says, “It is explicitly stated in the manual that violence is the preferred means to the desired end, and there are references to ‘execution’ of abortion clinic staff.” The manual states that the local members of the Army of God are not told of the identities of other members, in order to make certain that “the feds will never stop us.” AOG documents will also threaten the US government and the United Nations, calling the UN an “ungodly Communist regime” supported by its “legislative-bureaucratic lackeys in Washington.” A letter apparently written by AOG leader Donald Spitz will claim of the US government and the UN: “It is you who are responsible and preside over the murder of children and issue the policy of ungodly perversion that’s destroying our people.… Death to the New World Order.” The AOG will openly declare itself a terrorist organization in responses to media articles. It will maintain that a state of undeclared war has existed in the US since the 1973 Roe v. Wade Supreme Court decision legalizing abortion (see January 22, 1973), and it carries out terrorist attacks against abortion clinics and providers in order to “defend God’s children” against state-sponsored “slaughter.” The AOG will repeatedly state that it intends to continue its violent, deadly attacks against abortion clinics and providers until all laws legalizing abortion are repealed. After 2001, the AOG will begin rhetorically attacking homosexuals as well as abortion providers (see 2002). It will also proclaim its solidarity with Muslim extremist groups over such incidents as the September 11 attacks. AOG members will publicly profess their enthusiasm for mounting chemical and biological attacks. [Extremist Groups: Information for Students, 1/1/2006]

Entity Tags: Michael Bray, Army of God, Don Benny Anderson, Neal Horsley, Donald Spitz, James Kopp, Eric Robert Rudolph, United Nations

Timeline Tags: US Health Care, US Domestic Terrorism

Anti-abortion activists Don Benny Anderson (see May 1982), Matthew Moore, and Wayne Moore kidnap Dr. Hector Zevallos of the Hope Clinic for Women (see January 1982) and his wife. The activists hold the Zevalloses for eight days, during which time they force Zevallos to make an anti-abortion speech that is to be videotaped and sent to President Reagan in support of legislation designed to overturn the Supreme Court’s 1973 Roe v. Wade decision that legalized abortion (see January 22, 1973). Threatened with the murder of himself and his wife, Zevallos agrees. According to government documents, this is the first action of the “Army of God,” a violent anti-abortion group (see 1982, Early 1980s, and July 1988). [Kushner, 2003, pp. 38; Extremist Groups: Information for Students, 1/1/2006] Anderson and Matthew Moore will plead guilty to multiple felonies in regards to the incident; Anderson will tell the court that he has been told by God to “wage war on abortion.” The three will also be convicted of kidnapping Zevallos and his wife. Anderson will receive 30 years for the kidnapping, and 30 additional years for firebombing two Florida abortion clinics. [Extremist Groups: Information for Students, 1/1/2006; National Abortion Federation, 2010]

Entity Tags: Matthew Moore, Don Benny Anderson, Army of God, Wayne Moore, Hector Zevallos

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Congress passes the Competition in Contracting Act. President Reagan signs the bill but issues a signing statement instructing the executive branch that a portion of the bill is unconstitutional, and directs agencies not to obey the law created by that section. A losing bidder who would have won a contract under that portion of the bill files a lawsuit, and a federal judge rules that the Reagan administration has no choice but to follow the entirety of the law. Attorney General Edwin Meese insists that the executive branch has the inherent power to interpret the Constitution as it sees fit, and declares the administration will not obey the judge’s ruling. An appeals court upholds the judge’s ruling and criticizes the Reagan administration for trying to seize a sort of line-item veto power without going through Congress. The House Judiciary Committee votes to cut off funding for Meese’s office unless the White House obeys the court rulings, and Meese withdraws his objections. [Savage, 2007, pp. 231-232]

Entity Tags: Ronald Reagan, House Judiciary Committee, Edwin Meese, Reagan administration

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), 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

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

Entity Tags: Douglas Kmiec, Reagan administration

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

George H.W. Bush.George H.W. Bush. [Source: George Herbert Walker Bush.net]CIA Director William Casey meets with Vice President George Bush (himself a former CIA director). Casey is a hardline conservative, nominally at odds with the more traditional, moneyed conservatism of Bush, but Casey has learned to trust Bush’s abilities. “Casey knew there was nobody in government who could keep a secret better,” a former CIA official will observe. “He knew that Bush was someone who could keep his confidence and be trusted. Bush had the same capacity as Casey to receive a briefing and give no hint that he was in the know.” Casey wants Bush to run a secret errand to Saddam Hussein, the Iraqi dictator, as part of a scheme Casey has concocted to force the hand of Iran (see July 23, 1986). Specifically, Casey wants Bush to have Hussein step up his bombing of Iranian territory. Bush is already going to the Middle East to, as Bush told reporters, “advance the peace process.” Casey’s idea is to force Iran’s hand by having Hussein escalate his air strikes into the heart of that nation; in return, Iran would have to turn to the US for missiles and other air defense weapons. That would give the US leverage in negotiating with Iran for the release of the US hostages it holds. Two Reagan administration officials later say that Casey is also playing two rival policy factions within the administration (see January 14, 1984). Bush complies with Casey’s request; in doing so, Bush, as reporters Murray Waas and Craig Unger will write in 1992, puts himself “directly in the center of action—in a role at the very point where a series of covert initiatives with Iraq and Iran converge[s].” [New Yorker, 11/2/1992; Affidavit. United States v. Carlos Cardoen, et al. [Charge that Teledyne Wah Chang Albany illegally provided a proscribed substance, zirconium, to Cardoen Industries and to Iraq], 1/31/1995 pdf file; MSNBC, 8/18/2002]

Entity Tags: William Casey, Central Intelligence Agency, George Herbert Walker Bush

Timeline Tags: US confrontation with Iran

The CIA establishes “a direct, top-secret Washington-Baghdad link to provide the Iraqis with better and more timely satellite information.” As a result, “The Iraqis receive the information from satellite photos ‘several hours’ after… bombing raid[s]…. ” The US-provided intelligence information is considered “vital” to Iraqi military strategy. [Washington Post, 12/15/1986]

Entity Tags: Central Intelligence Agency

Timeline Tags: US-Iraq 1980s

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

Neoconservative academics and authors Laurie Mylroie and Daniel Pipes write an article for the New Republic entitled “Back Iraq: Time for a US Tilt in the Mideast.” Mylroie and Pipes argue that the US must publicly embrace Saddam Hussein’s secular dictatorship as a bulwark against the Islamic fundamentalism of Iran. Backing Iraq “could lay the basis for a fruitful relationship” that would benefit US and Israeli interests, they write. They believe Washington should move to a closer relationship with Hussein because Iraq holds a more moderate view of Israel and the US than other countries in the Middle East. “The American weapons that Iraq could make good use of include remotely scatterable and anti-personnel mines and counterartillery radar.” Mylroie and Pipes argue not just for weapons sales to Iraq, but for the US to share intelligence with that nation: “The United States might also consider upgrading intelligence it is supplying Baghdad.” Mylroie and Pipes are apparently uninterested in the stories of Hussein’s use of chemical weapons against both Iranians and his own citizens (see March 5, 1984, March 1988, and August 25, 1988). After the 9/11 attacks, Mylroie will change her opinion and join the call for Hussein’s overthrow, blaming him for a raft of terror attacks going back to the 1993 World Trade Center bombing (see 1990, October 2000, and September 12, 2001). [New Republic, 4/27/1987 pdf file; CounterPunch, 8/13/2003; Isikoff and Corn, 2006, pp. 68]

Entity Tags: Laurie Mylroie, Daniel Pipes

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

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Iran-Contra Affair

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

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

Timeline Tags: Iran-Contra Affair

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

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

Timeline Tags: Iran-Contra Affair

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Events Leading to Iraq Invasion

President George H. W. Bush places Vice President Dan Quayle in charge of the “Council on Competitiveness,” whose job is to review proposed agency regulations that arrive at the White House (see January 1985). Quayle’s council bottles up rules that industry opposes, and sometimes blocks them entirely by claiming that they post an excessive burden on businesses. [Savage, 2007, pp. 305]

Entity Tags: Dan Quayle, George Herbert Walker Bush, Council on Competitiveness

Timeline Tags: Civil Liberties

Norma McCorvey, better known as “Jane Roe” in the landmark Supreme Court case Roe v. Wade that made abortions legal throughout the US (see January 22, 1973), has her house and car damaged by shotgun fire early in the morning. McCorvey, a pro-choice activist, goes into hiding. Neither pro-choice nor anti-abortion groups take credit for the shooting, but spokespersons from both sides of the debate say the shooting is symbolic of a dangerously intensifying battle over abortion rights. McCorvey publicly acknowledged her identity as the Roe plaintiff last year. [Associated Press, 4/6/1989]

Entity Tags: Norma McCorvey

Timeline Tags: US Health Care, US Domestic Terrorism

The Defense Intelligence Agency (DIA) sends a top-secret report to 38 high-level Bush administration officials warning that it has discovered a secret military-procurement network for Iraq that is obtaining weapons from a number of nations, including the US. [New Yorker, 11/2/1992]

Entity Tags: Bush administration (41), Defense Intelligence Agency

Timeline Tags: US-Iraq 1980s

The US Supreme Court, ruling in the case of Webster v. Reproductive Health Services, gives states significant rights to regulate or constrain the availability of abortions. The ruling splits the Court in a 5-4 vote. The case allows states to restrict the use of public money, medical personnel, or facilities in performing abortions. It upholds a Missouri law that restricts the use of state funds, facilities, and employees in performing, counseling, or assisting with abortions. It adds restrictions to rights previously thought upheld and granted by the Court’s 1973 Roe v. Wade decision (see January 22, 1973). The Missouri law holds that “the life of each human being begins at conception” and “unborn children have protectable interests in life, health, and well-being,” assumptions specifically not granted under federal laws and court decisions. The opinion is written by Chief Justice William Rehnquist, and joined by Justices Byron “Whizzer” White and Anthony Kennedy. Justice Sandra Day O’Connor and Antonin Scalia form the majority vote with concurrent opinions; in his opinion, Scalia lambasts the other justices for not overturning Roe in its entirety. Justice Harry Blackmun joins Justices William Brennan, Thurgood Marshall, and John Paul Stevens in dissenting from the majority verdict. Blackmun writes that the decision can be interpreted to overturn Roe entirely, and writes, “I fear for the future… a chill wind blows.” [Oyez, 1989; Webster v. Reproductive Health Services (No. 88-605), 7/3/1989; FindLaw, 7/3/1989; CBS News, 4/19/2007]

Entity Tags: John Paul Stevens, Anthony Kennedy, Antonin Scalia, Harry Blackmun, William Brennan, Sandra Day O’Connor, Thurgood Marshall, US Supreme Court, Byron White, William Rehnquist

Timeline Tags: US Health Care

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

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

Timeline Tags: Civil Liberties

The Defense Department discovers that an Iraqi front company in Cleveland is funneling US technology to Iraq’s nuclear-weapons program. However, the Bush administration allows the company to continue its operations, even after Iraq invades Kuwait in 1990 (see November 8, 1990). At the same time, a top-secret CIA assessment informs Secretary of State James Baker that Iraq has a nuclear weapons program, and is using “covert techniques” to obtain the technology needed to build a nuclear bomb. The report identifies some of the specific dual-use technology that Iraq’s procurement network is trying to obtain around the world for its nuclear-weapons program, including oscilloscopes, high-speed cameras, and centrifuges. [New Yorker, 11/2/1992]

Entity Tags: US Department of Defense, Central Intelligence Agency, James A. Baker, Bush administration (41)

Timeline Tags: US-Iraq 1980s

James A. Baker.James A. Baker. [Source: Library of Congress]By this date, all international banks have cut off loans to Iraq. Notwithstanding, President Bush, ignoring warnings from his own departments about the alarming buildup of the Iraqi military and Iraq’s continued development of weapons of mass destruction (see June 1989 and September 1989), signs the secret National Security Directive 26 establishing closer ties to the Baghdad regime and providing $1 billion in agricultural loan guarantees to that government. These funds allow Iraq to continue its development of weapons of mass destruction. Four days later, Secretary of State James Baker meets with Iraqi Foreign Minister Tariq Aziz and promises that the US will not curb restrictions on high-technology exports to Iraq. Baker is ignoring the CIA’s warnings that Iraq is using some of this technology to develop a nuclear weapon. The State Department’s minutes of the Baker-Aziz meeting reads in part, “[T]he Secretary admitted that the US does have concerns about proliferation, but they are worldwide concerns.” [US President, 10/2/1989; Los Angeles Times, 2/23/1992; New Yorker, 11/2/1992; Wall Street Journal, 7/10/2002]

Entity Tags: James A. Baker, Central Intelligence Agency, US Department of State, George Herbert Walker Bush, Tariq Aziz

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

Clayton Yeutter.Clayton Yeutter. [Source: Wally McNamee / Corbis]Secretary of State James Baker calls Agriculture Secretary Clayton Yeutter and demands that the Agriculture Department authorize a billion dollars in new loans for Iraq, even though that department, and others, want to limit or eliminate any funding to Iraq. Baker’s demand is sparked in part by the refusal of international bankers to loan Iraq any more money (see October 2-6, 1989). [New Yorker, 11/2/1992]

Entity Tags: James A. Baker, Clayton Yeutter, US Department of Agriculture

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

CIA Director William Webster meets with Kuwait’s head of security, Brigadier Fahd Ahmed al-Fahd. Iraq will claim after its invasion and occupation of Kuwait (see August 2, 1990) that it had located a Kuwaiti memorandum summarizing their conversation, a memo both the CIA and Kuwaiti government officials will claim is a forgery, though both sides will admit the meeting actually took place. Iraq will accuse the CIA and Kuwait of collaborating to destabilize Iraq’s economy and government (see Late August, 1990). The memo reads in part: “We agreed with the American side that it was important to take advantage of the deteriorating economic situation in Iraq in order to put pressure on that country’s government to delineate our common border. The Central Intelligence Agency gave us its view of appropriate means of pressure, saying that broad cooperation should be initiated between us on condition that such activities be coordinated at a high level.” [NationMaster, 12/23/2007]

Entity Tags: William H. Webster, Central Intelligence Agency, Fahd Ahmed al-Fahd

Timeline Tags: Events Leading to Iraq Invasion

Kuwait’s Director General of State Security sends a memo to the Minister of the Interior summarizing a meeting with CIA Director William Webster. He writes: “We agreed with the American side that it was important to take advantage of the deteriorating economic situation in Iraq in order to put pressure on that country’s government to delineate our common border. The Central Intelligence Agency gave us its view of appropriate means of pressure, saying that broad cooperation should be initiated between us on condition that such activities be coordinated at a high level.” When Iraq invades Kuwait (see August 2, 1990), Iraqi officials find this memo and confront the Kuwaiti foreign minister with it during an Arab summit meeting in mid-August 1990. Upon seeing the memo, the Kuwaiti official reportedly faints. [Ahmed, 10/2/2001] The US claims the memo is a forgery. [Office of Global Communications, 1/21/2003 pdf file]

Entity Tags: William H. Webster, Central Intelligence Agency

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

The cover of ‘Saddam Hussein and the Crisis in the Gulf.’The cover of ‘Saddam Hussein and the Crisis in the Gulf.’ [Source: Laurie Mylroie (.com)]Neoconservative academic Laurie Mylroie and New York Times reporter Judith Miller—“a dear friend” of neoconservative Richard Perle, as Perle later says—collaborate on a so-called “instant” book, Saddam Hussein and the Crisis in the Gulf. The book is designed to hit bookstores concurrent with the escalating tensions in the Persian Gulf (see April 1990 and August 2, 1990). It also reflects Mylroie’s beliefs that Hussein is responsible for virtually all Islamist terrorism (see October 2000 and July 9, 2003), and advocates the US overthrow of Hussein. [Unger, 2007, pp. 252]

Entity Tags: Judith Miller, Saddam Hussein, Richard Perle, Laurie Mylroie

Timeline Tags: Neoconservative Influence

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

Saddam Hussein, emboldened by President Bush’s continued support for his regime even as he develops chemical, biological, and nuclear weapons (see September 1989) and is gassing his own citizens (see August 25, 1988), boasts that he now has chemical weapons and will “burn half of Israel.” Additionally, Iraqi forces on manuevers in the southern part of the country are being told that they are training to attack Israel. Nevertheless, the White House blocks efforts by the Commerce Department to stop the flow of US technology to Iraq, even technology that is being used to develop weapons of mass destruction (see 1990 and July 18, 1990-August 1, 1990). One White House official explains, “The president does not want to single out Iraq.” US diplomat Joseph Wilson, the deputy chief of mission in Baghdad (see September 5, 1988 and After), will later write: “While we were concerned about the tensions in Iraq’s relations with Kuwait (see May 28-30, 1990 and July 17, 1990), we did not suspect that the southern military exercises were, in fact, a first signal of Iraq’s intention to invade that country. We were more worried that Saddam’s hard line toward Israel would further inflame Arab passions and contribute to making any lasting settlement between Israel and the Palestinians that much more difficult to achieve.” [New Yorker, 11/2/1992; Wilson, 2004, pp. 95]

Entity Tags: Saddam Hussein, George Herbert Walker Bush, Bush administration (41), US Department of Commerce, Joseph C. Wilson

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

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

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

Timeline Tags: Events Leading to Iraq Invasion

Three months before Saddam Hussein invades Kuwait (see August 2, 1990), the Bush administration is still sharing intelligence information with Iraq (see August 1986). [New Yorker, 11/2/1992]

Entity Tags: Bush administration (41), Saddam Hussein

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

In repeated statements, Iraqi dictator Saddam Hussein says that overproduction of oil by Kuwait and the United Arab Emirates (UAE) is “economic warfare” against Iraq. [PBS Frontline, 1/9/1996] Iraq is not merely issuing blustery allegations with no basis in fact. Iraq is virtually bankrupt and deeply in debt to both Saudi Arabia and Kuwait, which funded Iraq during the Iran-Iraq war, as well as other nations such as the US and Japan. Hussein has spent billions rebuilding his military and distributing massive amounts of consumer goods to the populace in an attempt to persuade them that Iraq won the war against Iran and is now able to spend its “war dividends.” In 1999, Kuwait defied the quotas laid down by the Organization of Petroleum Exporting Countries (OPEC) and increased its oil production by 40%. The subsequent sharp drop in oil prices drove Iraq’s economy towards catastrophe. The situation is further aggravated by Iraqi suspicions that Kuwait is deliberately “slant-drilling” oil from Iraq’s Rumaylah oil field (see July 15-17, 1990). Hussein needs a massive infusion of revenue to maintain his large standing army and the fiction of economic growth, and he looks to Kuwait as the source of that revenue. Land issues also play a part: Iraq wants to swap some territory along the border for control of two Kuwaiti-held islands across from its port at Umm Qasr, but Kuwait is unwilling to make the trade. US diplomat Joseph Wilson, the deputy chief of mission in Baghdad, describes the Iraqi outlook on Kuwait as a nation “small, rich, and despised.” All in all, the US diplomatic entourage in Baghdad is alarmed at Iraq’s preparations for war. [Wilson, 2004, pp. 93-94; NationMaster, 12/23/2007]

Entity Tags: US Department of State, Joseph C. Wilson, Organization of Petroleum Exporting Countries, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

When Saddam Hussein begins massing his troops on the Kuwaiti border (see July 25, 1990), the US intelligence community believes in consensus that Hussein is mostly bluffing. He wants to gain leverage in the ongoing OPEC talks, the community believes, and at most will seize a Kuwaiti oil field just across the border. The intelligence consensus ignores the fact that Hussein is moving his elite Republican Guard units, the core of his forces and what reporters Franklin Foer and Spencer Ackerman will call “the very guarantors of his rule,” from Baghdad to the southern desert. Even after invading Kuwait (see August 2, 1990), a National Intelligence Estimate released towards the end of the year concludes that Hussein will withdraw from Kuwait rather than risk a conflict with the US (see Late December 1990). Defense Secretary Dick Cheney becomes increasingly angry and frustrated at the US intelligence community. An intelligence analyst will recall being “whisked into a room, there’s Dick Cheney, he’s right in front of you, he starts firing questions at you, half an hour later and thirty questions later, I’m whisked out of the room, and I’m like, ‘What the hell just happened?’” DIA analyst Patrick Lang, that agency’s foremost Middle East expert and one of the few to predict the Iraqi invasion of Kuwait, will recall: “He would ask you factual questions like, ‘OK, about this thing you said. Do I understand you correctly that such-and-such is true? And are you sure about this, and how do you know that?’ And I regard that as a legitimate question.… He wasn’t hostile or nasty about it; he just wanted to know how you knew. And I didn’t mind that in the least.” [New Republic, 11/20/2003]

Entity Tags: Spencer Ackerman, Franklin Foer, Patrick Lang, Richard (“Dick”) Cheney, Saddam Hussein

Timeline Tags: US-Iraq 1980s

Bush administration officials advocate additional agricultural loans to Iraq (see October 31, 1989), and rebuff efforts by the Departments of Defense and Commerce to restrict the export of technology Iraq is using to develop weapons of mass destruction. President George H. W. Bush personally opposes Congressional efforts to impose economic sanctions on the increasingly belligerent Iraq (see April 1990). By this point, the Reagan and Bush administrations have provided Saddam Hussein with over $5 billion in loan guarantees, money Hussein has used to rebuild his military after the Iran-Iraq War, become a major military power in the Persian Gulf (see August 1, 1990), and to invade Kuwait (see November 8, 1990). [New Yorker, 11/2/1992]

Entity Tags: US Department of Defense, George Herbert Walker Bush, Saddam Hussein, US Department of Commerce, Bush administration (41)

Timeline Tags: US-Iraq 1980s

Iraqi dictator Saddam Hussein excoriates those Arab leaders whom he believes are collaborating with the US and Israel to obstruct Arab development. He accuses several unnamed Arab heads of state of being bought off with fancy houses and vehicles, and failing to stand up to Western attempts to stymie Arab ambitions. The real thrust of his criticisms is oil-based. He says that overproduction of oil and the resultant low oil prices are “a poisoned dagger” in Iraq’s back, delivered by the United Arab Emirates and Kuwait (see May 28-30, 1990). Hussein intends to use his influence with the Organization of Petroleum Exporting Countries (OPEC) to drive the price of oil from $14 to $25 and thus raise a large amount of cash to help pay off his country’s staggering debts to Japan, the US, and several European countries. Hussein intends to stop Kuwait overproduction, and he is willing to use military force to do it. [Wilson, 2004, pp. 97-98]

Entity Tags: Saddam Hussein, Organization of Petroleum Exporting Countries

Timeline Tags: Events Leading to Iraq Invasion

July 22, 1990: Iraq Begins Military Buildup

Iraq begins massing troops near the Iraq-Kuwait border in preparation for a possible attack (see August 2, 1990). [PBS Frontline, 1/9/1996]

Entity Tags: Iraq

Timeline Tags: Events Leading to Iraq Invasion

During a meeting with US Ambassador to Iraq April Glaspie (see July 25, 1990), Iraq dictator Saddam Hussein interrupts the meeting to take a phone call from Egyptian President Hosni Mubarak. Mubarak has worked tirelessly to mediate the burgeoning dispute between Iraq and Kuwait. After the phone call, Hussein tells Glaspie that he has just told Mubarak the same thing he told her—that he will not invade Kuwait so long as there is an active negotiating process taking place. The US later learns that Hussein asked Mubarak not to share that piece of information with Kuwait in order to keep his “bluff” alive. Mubarak apparently honors the request, because Iraq’s subsequent invasion (see August 2, 1990) is a complete surprise to Kuwait. Mubarak is reportedly infuriated at Hussein’s apparent betrayal of his trust. [Wilson, 2004, pp. 98] In 2003, Glaspie’s then-deputy, Joseph Wilson, will tell an interviewer that Hussein “lied to [Glaspie]. He lied to President Mubarak that he was going to allow the negotiating process to go forward.” [PBS, 2/28/2003] In 2004, Wilson will write: “I believe that he met with Glaspie for the express purpose of deceiving us about his intentions, as he did with… Mubarak at the same time. In this way, he maintained the element of surprise. [Wilson, 2004, pp. 123]

Entity Tags: Saddam Hussein, Hosni Mubarak, April Glaspie

Timeline Tags: Events Leading to Iraq Invasion

US Ambassador to Iraq April Glaspie delivers a letter written by President Bush to Saddam Hussein. The letter reads in part: “I was pleased to learn of the agreement between Iraq and Kuwait to begin negotiations in Jeddah [Saudi Arabia] to find a peaceful solution to the current tensions between you (see August 1, 1990). The United States and Iraq both have a strong interest in preserving the peace and stability of the Middle East. For this reason, we believe that differences are best resolved by peaceful means and not by threats involving military force or conflict. I also welcome your statement that Iraq desires friendship rather than confrontation with the United States. Let me reassure you, as my ambassador (see July 25, 1990), Senator Dole (see April 12, 1990), and others have done, that my administration continues to desire better relations with Iraq. We will also continue to support our friends in the region with whom we have had long-standing ties. We see no necessary inconsistency between these two objectives. As you know, we still have certain fundamental concerns about certain Iraqi policies and activities, and we will continue to raise these concerns with you in a spirit of friendship and candor.… Both our governments must maintain open channels of communication to avoid misunderstandings and in order to build a more durable foundation for improving our relations.”
Positive Tone - According to the later recollections of Glaspie’s deputy, Joseph Wilson, the Iraqi leadership is “startled by the positive tone of the letter.” The letter is overtly conciliatory towards Iraq and its aggression towards Kuwait (see July 22, 1990 and August 2, 1990), and, as then-Undersecretary of Foreign Affairs Nizar Hamdun will recall, leaves “the impression that the American desire for good relations with Iraq might override its concerns about Iraqi aggression.” Hamdun believes that the letter “had sent the wrong signal to Saddam by not explicitly warning him against taking any harsh military action, and not threatening harsh retaliation if he did.” Hamdun believes that Hussein “concluded from the positive tone of the letter that the US would not react militarily and that he could survive the political criticism resulting from the aggressive action toward Kuwait.”
Letter Influences Saddam's Thinking - Wilson will conclude, “This letter, much more than any other United States statement (see July 25, 1990), appears to have influenced Saddam’s thinking.” Ultimately, Wilson will note, the US’s influence with Hussein is limited at best, and his perceived reasons to annex Kuwait (see May 28-30, 1990 and July 17, 1990) will override any fears of US disapproval. [Wilson, 2004, pp. 101-104]

Entity Tags: Robert J. (“Bob”) Dole, April Glaspie, George Herbert Walker Bush, Joseph C. Wilson, Nizar Hamdun

Timeline Tags: Events Leading to Iraq Invasion

In the days preceding the Iraq invasion of Kuwait (see August 2, 1990), the two nations’ Arab neighbors urge the US to use caution and moderation in trying to head off the invasion. They fear that overtly harsh tactics will provoke Iraq into the invasion they all wish to avoid. Saddam Hussein is bluffing (see July 25, 1990), several Arab leaders assert, and the problem can be handled with Arab-led diplomacy (see August 1, 1990). The United Arab Emirates (UAE) participates in a quick US-led joint military exercise, which they had requested, but criticize the US for making the exercise public, worried that it might provoke a reaction from Iraq. [Wilson, 2004, pp. 105]

Entity Tags: United Arab Emirates, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

The day before sending US troops into battle with Iraq (see August 2, 1990, the Bush administration approves the sale of $695,000 in advanced data transmission devices to that country. [Washington Post, 3/11/1991]

Entity Tags: Bush administration (41)

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

August 2, 1990: Iraq Invades Kuwait

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

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

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

Over 100 Americans are trapped in the US Embassy in Kuwait City. Perhaps 2,000 Americans are hiding from Iraqi soldiers throughout the capital city, and at least 115 are already in Iraqi custody, essentially being held as hostages. Iraqi forces bring a number of Americans, mostly oilfield workers, to Baghdad, where they are put up at local hotels. The Iraqis do not allow the “freed” Americans to leave the hotels or meet with US Embassy officials. It is clear that though the Iraqis call them “guests,” they are hostages. Deputy Chief of Mission Joseph Wilson, the ranking US diplomat in Baghdad, learns to his dismay that his superiors in the US are similarly reluctant to consider the Americans as hostages, arguing that if US officials begin calling them hostages, then the Iraqis will treat them as such. Perhaps Iraq is holding the Americans only until their control of Kuwait is complete, and will release them. But, except for the release of a single American girl (see Early August, 1990), the Iraqis release no hostages. Embassy personnel succeed in rounding up around 100 Americans, mostly workers for the Bechtel Corporation, and housing them in the confines of the Embassy building. [Wilson, 2004, pp. 117-118, 126]

Entity Tags: Joseph C. Wilson, Bechtel

Timeline Tags: Events Leading to Iraq Invasion

Secretary of Defense Dick Cheney, accompanied by senior aide Paul Wolfowitz and US CENTCOM commander-in-chief General Norman Schwarzkopf, visits Saudi Arabia just four days after Iraq invades Kuwait (see August 2, 1990). [School of International and Public Affairs of Columbia University, 8/3/2000; Dubose and Bernstein, 2006, pp. 100] Cheney secures permission from King Fahd for US forces to use Saudi territory as a staging ground for an attack on Iraq. Cheney is polite, but forceful; the US will not accept any limits on the number of troops stationed in Saudi Arabia, and will not accept a fixed date of withdrawal (though they will withdraw if Fahd so requests). Cheney uses classified satellite intelligence to convince Fahd of Hussein’s belligerent intentions against not just Kuwait, but against Saudi Arabia as well. Fahd is convinced, saying that if there is a war between the US and Iraq, Saddam Hussein will “not get up again.” Fahd’s acceptance of Cheney’s proposal goes against the advice of Crown Prince Abdullah. [School of International and Public Affairs of Columbia University, 8/3/2000; Dubose and Bernstein, 2006, pp. 100-101] With Prince Bandar bin Sultan translating, Cheney tells Abdullah, “After the danger is over, our forces will go home.” Abdullah says under his breath, “I would hope so.” Bandar does not translate this. [Middle East Review of International Affairs, 9/2002; History News Network, 1/13/2003] On the same trip, Cheney also visits Egypt’s Hosni Mubarak, who rejects Cheney’s request for US use of Egyptian military facilities. Mubarak tells Cheney that he opposes any foreign intervention against Iraq. [School of International and Public Affairs of Columbia University, 8/3/2000] US forces will remain in Saudi Arabia for thirteen years (see April 30-August 26, 2003).

Entity Tags: US Central Command, Saddam Hussein, Hosni Mubarak, Paul Wolfowitz, Fahd Bin Abdul Aziz, Abdullah bin Abdulaziz al-Saud, Richard (“Dick”) Cheney, Norman Schwarzkopf, Bandar bin Sultan

Timeline Tags: US-Iraq 1980s

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

Entity Tags: United Nations

Timeline Tags: Events Leading to Iraq Invasion

The US military’s ‘Desert Shield’ logo.The US military’s ‘Desert Shield’ logo. [Source: Eagle Crest (.com)]The US officially begins “Operation Desert Shield” in response to Iraq’s invasion of Kuwait (see August 2, 1990) and Saudi Arabia’s request for US troops to defend it from possible Iraqi incursions. The first US forces, F-15 fighters from Langley Air Force Base in Virginia, arrive in Saudi Arabia (see August 5, 1990 and After). [PBS Frontline, 1/9/1996; American Forces Press Service, 8/8/2000] The US opens a military response to the Iraq invasion as much to defend Saudi Arabia as to defend Kuwait. Both the US and Saudis fear that Iraq will occupy Saudi Arabia’s Hama oil field near the countries’ mutual border, one of its largest. Between its own oil fields and those of Kuwait and Saudi Arabia which Iraq could feasibly control, Iraq would control the majority of the world’s oil reserves. Iraq would have difficulty in successfully occupying the Hama oil field, because of the large amount of inhospitable desert terrain it would have to cross to reach the field, and because of the likelihood of intense air strikes from the US-equipped Saudi Air Force. President Bush says the operation is “wholly defensive” in nature, a claim quickly abandoned. The US deploys two carrier groups and two battleship groups to the Persian Gulf, and deploys numerous Air Force units. Eventually, half a million American troops will join the other US forces. [NationMaster, 12/23/2007]

Entity Tags: US Department of the Air Force, George Herbert Walker Bush, US Department of the Navy

Timeline Tags: Events Leading to Iraq Invasion

The New York Times prints a long article based on a highly classified memo written about US diplomat Joseph Wilson’s meeting with Saddam Hussein two days before (see August 6, 1990). Neither Wilson nor anyone else at the US Embassy in Baghdad leaked the memo, Wilson will aver; he believes the memo was leaked by a senior government official in Washington. The Iraqis are understandably furious at the public revelation of the events of the Hussein-Wilson meeting. When the Iraqis demand to see the US response to Hussein’s proposals as advanced in the meeting, Wilson is instructed by a senior State Department official to tell the Iraqis to “turn on CNN” for the American reply. CNN is broadcasting footage of American C-5 transport planes filled with military equipment bound for Saudi Arabia; the US is beginning its deployment of troops to the region in response to the Iraqi invasion of Kuwait (see August 7, 1990). [Wilson, 2004, pp. 124-125]

Entity Tags: US Department of State, CNN, Joseph C. Wilson, New York Times, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Nine days after Iraq invades Kuwait (see August 2, 1990), the public relations firm Hill & Knowlton creates a front organization, “Citizens for a Free Kuwait,” almost entirely funded by Kuwaiti money. Hill & Knowlton’s point man with the Kuwaitis is Craig Fuller, a close friend and political adviser to President Bush (see July 23, 1986). Veteran PR reporter Jack O’Dwyer will later write, “Hill & Knowlton… has assumed a role in world affairs unprecedented for a PR firm.” [Christian Science Monitor, 9/6/2002; Public Relations Watch, 6/3/2007] Citizens for a Free Kuwait is one of about twenty PR and lobbying groups formed by the Kuwaiti government. Other American PR firms representing these groups include the Rendon Group and Neill & Co. Citizens for a Free Kuwait will spread a false story of Kuwaiti babies being killed in their incubators by Iraqi troops, a story that will help inflame US public opinion and win the Bush administration the authority to launch an assault against Iraq (see October 10, 1990). Another public relations and lobbying effort includes a 154-page book detailing supposed Iraqi atrocities, entitled The Rape of Kuwait, that is distributed to various media outlets and later featured on television talk shows and in the pages of the Wall Street Journal. The Kuwaiti embassy also buys 200,000 copies of the book for distribution to American troops. Hill & Knowlton will produce dozens of “video news releases” that are offered as “news stories” to television news broadcasters throughout America; the VNRs are shown on hundreds of US television news broadcasts, usually as straight news reports without being identified as the product of a public relations firm. [Public Relations Watch, 6/3/2007]

Entity Tags: Jack O’Dwyer, Hill and Knowlton, Craig Fuller, Neill and Company, Citizens for a Free Kuwait, Rendon Group

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

The US Navy blockades Iraq, shutting off all exports of Iraqi oil. [PBS Frontline, 1/9/1996] US forces also suffer their first casualty as part of the “Desert Shield” deployment on this day (see August 7, 1990). [Office of the Special Assistant for Gulf War Illnesses, 1/17/2008]

Entity Tags: US Department of the Navy

Timeline Tags: Events Leading to Iraq Invasion

A sketch of a 1990 US Army GPS system similar to that used by the Air Force.A sketch of a 1990 US Army GPS system similar to that used by the Air Force. [Source: Department of the Army]Shortly after Iraq invades Kuwait (see August 2, 1990), a US Air Force official arrives at the Baghdad airport with a Global Positioning Satellite (GPS) receiver in a briefcase. He is driven to the US Embassy. At the embassy, he takes a position in the courtyard and takes a single GPS reading. He then flies to the US, where he gives the GPS receiver to CIA officials in Langley, Virginia. The CIA determines the precise GPS location of the embassy from the Air Force officer’s reading. That set of grid coordinates will serve as the center of the large and sophisticated coordinate system used to designate military strike targets in and around Baghdad during Operation Desert Storm (see January 16, 1991 and After). [NationMaster, 12/23/2007]

Entity Tags: US Department of the Air Force, Central Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

President Bush authorizes the first call-up of US military reservists for service in Operation Desert Shield (see August 7, 1990). The first active duty tours are for 90 days, but will be extended to 180 days in November 1990. [American Forces Press Service, 8/8/2000]

Entity Tags: George Herbert Walker Bush

Timeline Tags: Events Leading to Iraq Invasion

Shortly after the Iraqi invasion of Kuwait (see August 2, 1990), US ambassador to Iraq April Glaspie is confronted with transcripts of her July meeting with Saddam Hussein, where she told Hussein that the US had “no position” on Iraq’s dispute with Kuwait, a statement that Hussein apparently took as tacit US permission to invade its neighbor (see July 25, 1990). A British reporter asks Glaspie, “You encouraged this aggression—his invasion. What were you thinking?” Glaspie replies, “Obviously, I didn’t think, and nobody else did, that the Iraqis were going to take all of Kuwait,” to which the astounded journalist asks, “You thought he was just going to take some of it? But how could you? Saddam told you that, if negotiations failed, he would give up his Iran [Shatt al Arab] goal for the ‘whole of Iraq, in the shape we wish it to be.’ You know that includes Kuwait, which the Iraqis have always viewed as an historic part of their country!” When Glaspie refuses to answer, the journalist continues, “America green-lighted the invasion. At a minimum, you admit signalling Saddam that some aggression was okay—that the US would not oppose a grab of the al-Rumalya oil field, the disputed border strip and the Gulf Islands—territories claimed by Iraq?” Again, Glaspie refuses to respond, and is driven away in a limousine before she can refuse to answer further questions. [New York Times, 9/19/1990] Speculation has always been rampant about why Bush, who formerly considered Hussein a staunch ally against Iran and Islamist influences in the Middle East, suddenly turned on his former ally. Author and investigative producer Barry Lando has a partial reason. Lando will write in 2007, “One of the reasons was [British prime minister] Margaret Thatcher, who had a talking to him. She told him he had to act like a man and react. But it was also the fear that Saddam would take over Kuwait, and then have a much stronger position in the world oil market. That really scared George Bush…. At that point, he totally turned around. They began calling the man who had been almost a de facto ally a few months earlier, a man worse than Hitler. And Bush started shipping thousands of American troops to the Gulf.” [Buzzflash (.com), 2/23/2007]

Entity Tags: George Herbert Walker Bush, Barry Lando, Saddam Hussein, April Glaspie, Margaret Thatcher

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

Timothy McVeigh’s unit at Fort Benning, Georgia. McVeigh is highlighted.Timothy McVeigh’s unit at Fort Benning, Georgia. McVeigh is highlighted. [Source: Associated Press]Army Sergeant Timothy McVeigh (see March 24, 1988 - Late 1990) receives orders to attend Special Forces training classes beginning November 11, 1990. McVeigh’s ambition is to become a Green Beret. [PBS Frontline, 1/22/1996] However, his training is interrupted before it begins, as his unit is called up to go to Kuwait as part of Operation Desert Shield, later Desert Storm (see January 16, 1991 and After). McVeigh’s unit will leave from Fort Riley, Kansas, to a staging area in Germany, and then on to Saudi Arabia and Kuwait. Before he leaves, McVeigh pays a brief visit to his hometown of Pendleton, New York (see 1987-1988), where he worries a close friend, his “surrogate mother” Lynn Drzyzga, by telling her, “I’m coming back [from Kuwait] in a body bag.” She will later recall that watching McVeigh walk away “was just like my own son was leaving at that moment.” [Serrano, 1998, pp. 32-33]

Entity Tags: Timothy James McVeigh, Lynn Drzyzga, US Department of the Army

Timeline Tags: US Domestic Terrorism

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