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Context of 'November 20-21, 1974: Freedom of Information Act Strengthened by Congressional Amendments'

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Theodore Roosevelt

Timeline Tags: Civil Liberties

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

Entity Tags: Benjamin Tillman, Theodore Roosevelt, Tillman Act

Timeline Tags: Civil Liberties

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

Entity Tags: Federal Corrupt Practices Act, Tillman Act

Timeline Tags: Civil Liberties

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

Entity Tags: US Congress

Timeline Tags: Civil Liberties

1921: Supreme Court Weakens Campaign Finance Laws

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

Entity Tags: US Supreme Court, Henry Ford

Timeline Tags: Civil Liberties

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

Entity Tags: Tillman Act, Federal Corrupt Practices Act

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

1952: NSA Founded

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: US-Cuba (1959-2005)

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

Timeline Tags: US-Cuba (1959-2005)

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: US-Cuba (1959-2005)

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

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

Timeline Tags: Civil Liberties

Henry Kissinger.Henry Kissinger. [Source: Library of Congress]Secretary of State Henry Kissinger, determined to prove to President Nixon that news stories about the secret Cambodian bombings are not being leaked to the press by liberals in the National Security Council offices, urges FBI director J. Edgar Hoover to wiretap several of Nixon’s top aides, as well as a selection of reporters. Kissinger will later deny making the request. [Werth, 2006, pp. 169] In March 1973, W. Mark Felt, the deputy director of the FBI and Washington Post reporter Bob Woodward’s famous “Deep Throat” background source, will confirm the wiretappings, saying: “In 1969, the first targets of aggressive wiretapping were the reporters and those in the administration who were suspected of disloyalty. Then the emphasis was shifted to the radical political opposition during the [Vietnam] antiwar protests. When it got near election time [1972], it was only natural to tap the Democrats (see Late June-July 1971 and May 27-28, 1972). The arrests in the Watergate (see 2:30 a.m.June 17, 1972) sent everybody off the edge because the break-in could uncover the whole program.” [Bernstein and Woodward, 1974, pp. 271] Felt will tell Woodward that two of the reporters placed under electronic surveillance are Neil Sheehan and Hedrick Smith. Pentagon Papers leaker Daniel Ellsberg will leak the Defense Department documents to Sheehan (see March 1971). Eventually, future FBI director William Ruckelshaus will reveal that at least 17 wiretaps are ordered between 1969 and 1971. The logs of those wiretaps are stored in a safe in White House aide John Ehrlichman’s office. In all, 13 government officials and four reporters are monitored. [Bernstein and Woodward, 1974, pp. 313] The FBI will send Kissinger 37 letters reporting on the results of the surveillance between May 16, 1969 and May 11, 1970. When the surveillance is revealed to the Senate Watergate Committee, it will be shown that among those monitored are Nixon speechwriter and later New York Times columnist William Safire; Anthony Lake, a top Kissinger aide who will later resign over the secret bombings of Cambodia; and the military assistant to Secretary of Defense Melvin Laird, whom Kissinger regards as a political enemy. [Woodward, 2005, pp. 21-22]

Entity Tags: Richard M. Nixon, J. Edgar Hoover, Henry A. Kissinger, Hedrick Smith, Anthony Lake, Melvin Laird, Neil Sheehan, William Safire, W. Mark Felt, National Security Council, William Ruckelshaus

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

President Nixon meets with FBI Director J. Edgar Hoover, CIA Director Richard Helms, and the heads of the NSA and DIA to discuss a proposed new domestic intelligence system. His presentation is prepared by young White House aide Tom Charles Huston (derisively called “Secret Agent X-5” behind his back by some White House officials). The plan is based on the assumption that, as Nixon says, “hundreds, perhaps thousands, of Americans—mostly under 30—are determined to destroy our society.” Nixon complains that the various US intelligence agencies spend as much time battling with one another over turf and influence as they do working to locate threats to national security both inside and outside of the country. The agencies need to prove the assumed connections between the antiwar demonstrators and Communists. The group in Nixon’s office will now be called the “Interagency Committee on Intelligence,” Nixon orders, with Hoover chairing the new ad hoc group, and demands an immediate “threat assessment” about domestic enemies to his administration. Huston will be the White House liaison. Historian Richard Reeves will later write: “The elevation of Huston, a fourth-level White House aide, into the company of Hoover and Helms was a calculated insult. Nixon was convinced that both the FBI and the CIA had failed to find the links he was sure bound domestic troubles and foreign communism. But bringing them to the White House was also part of a larger Nixon plan. He was determined to exert presidential control over the parts of the government he cared most about—the agencies dealing with foreign policy, military matters, intelligence, law, criminal justice, and general order.” [Reeves, 2001, pp. 229-230]

Entity Tags: Richard Reeves, Tom Charles Huston, Central Intelligence Agency, Defense Intelligence Agency, Federal Bureau of Investigation, J. Edgar Hoover, Richard M. Nixon, Richard Helms, National Security Agency

Timeline Tags: Civil Liberties, Nixon and Watergate

President Nixon approves the “Huston Plan” for greatly expanding domestic intelligence-gathering by the FBI, CIA and other agencies. Four days later he rescinds his approval. [Washington Post, 2008] Nixon aide Tom Charles Huston comes up with the plan, which involves authorizing the CIA, FBI, NSA, and military intelligence agencies to escalate their electronic surveillance of “domestic security threats” in the face of supposed threats from Communist-led youth agitators and antiwar groups (see June 5, 1970). The plan would also authorize the surreptitious reading of private mail, lift restrictions against surreptitious entries or break-ins to gather information, plant informants on college campuses, and create a new, White House-based “Interagency Group on Domestic Intelligence and Internal Security.” Huston’s Top Secret memo warns that parts of the plan are “clearly illegal.” Nixon approves the plan, but rejects one element—that he personally authorize any break-ins. Nixon orders that all information and operations to be undertaken under the new plan be channeled through his chief of staff, H. R. Haldeman, with Nixon deliberately being left out of the loop. The first operations to be undertaken are using the Internal Revenue Service to harass left-wing think tanks and charitable organizations such as the Brookings Institution and the Ford Foundation. Huston writes that “[m]aking sensitive political inquiries at the IRS is about as safe a procedure as trusting a whore,” since the administration has no “reliable political friends at IRS.” He adds, “We won’t be in control of the government and in a position of effective leverage until such time as we have complete and total control of the top three slots of the IRS.” Huston suggests breaking into the Brookings Institute to find “the classified material which they have stashed over there,” adding: “There are a number of ways we could handle this. There are risks in all of them, of course; but there are also risks in allowing a government-in-exile to grow increasingly arrogant and powerful as each day goes by.” [Reeves, 2001, pp. 235-236] In 2007, author James Reston Jr. will call the Huston plan “arguably the most anti-democratic document in American history… a blueprint to undermine the fundamental right of dissent and free speech in America.” [Reston, 2007, pp. 102]

Entity Tags: US Department of Defense, National Security Agency, Richard M. Nixon, Brookings Institution, Central Intelligence Agency, Federal Bureau of Investigation, Ford Foundation, Internal Revenue Service, Tom Charles Huston, James Reston, Jr

Timeline Tags: Civil Liberties, Nixon and Watergate

July 26-27, 1970: Nixon Rejects Huston Plan

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

US District Court Judge W. M. Byrne, Jr dismisses all charges against “Pentagon Papers” leaker Daniel Ellsberg (see March 1971) and Ellsberg’s co-defendant, Anthony Russo. [New York Times, 5/11/1973] Byrne was shocked to learn that Watergate burglars G. Gordon Liddy and E. Howard Hunt had supervised the burglary of the office of Ellsberg’s psychiatrist (see September 9, 1971). The source of the information was probably White House counsel John Dean. [Bernstein and Woodward, 1974, pp. 307] Initially, government prosecutors had insisted that Ellsberg had never been wiretapped, but FBI director William Ruckelshaus found that Ellsberg had indeed been recorded, during a conversation with former Kissinger aide Morton Halperin, who had been wiretapped (see June 19, 1972). Ruckelshaus tells the court that Halperin had been monitored for 21 months. It is the first public acknowledgement that the Nixon administration had used wiretaps against its political enemies (see June 27, 1973). Additionally, the government had broken the law when it failed to disclose the wiretap to Ellsberg’s defense lawyers. [Bernstein and Woodward, 1974, pp. 313] Byrne cites “improper government conduct shielded so long from public view” and an array of governmental misconduct in dismissing the charges. “The conduct of the government has placed the case in such a posture that it precludes the fair, dispassionate resolution of these issues by a jury,” Byrne rules. Ellsberg and Russo were charged with theft, conspiracy, and fraud in the case. The government’s actions in attempting to prosecute Ellsberg and Russo “offended a sense of justice,” he says. One of the governmental actions that Byrne decries was the wiretapping of Ellsberg’s telephone conversations by the FBI in 1969 and 1970, and the subsequent destruction of the tapes and surveillance logs of those conversations. Byrne is also disturbed by the burglary of the offices of Ellsberg’s psychiatrist by government agents (see June 30-July 1, 1971 and September 9, 1971), and the apparent involvement of the FBI and the CIA in the prosecution of the case at the “request of the White House.” Referring to the burglary, Byrne says, “We may have been given only a glimpse of what this special unit did.” After the trial, Ellsberg is asked if he would disclose the Pentagon documents again, and he replies, “I would do it tomorrow, if I could do it.” [New York Times, 5/11/1973]

Entity Tags: Nixon administration, Central Intelligence Agency, Anthony Russo, Daniel Ellsberg, Morton H. Halperin, W. M. Byrne, Jr, US Department of Defense, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

August 16, 1972 front page of the Washington Post, reporting on Nixon’s address.August 16, 1972 front page of the Washington Post, reporting on Nixon’s address. [Source: Southern Methodist University]President Nixon delivers his second prime-time televised speech about Watergate to the nation. He says that both the Senate investigations have focused more on trying to “implicate the president personally in the illegal activities that took place,” and reminds listeners that he has already taken “full responsibility” for the “abuses [that] occurred during my administration” (see April 30, 1973). But in light of the increasing evidence being revealed about the Watergate conspiracy, Nixon’s speech is later proven to be a compilation of lies, half-truths, justifications, and evasions.
'No Prior Knowledge' - He again insists that “I had no prior knowledge of the Watergate break-in; I neither took part in nor knew about any of the subsequent cover-up activities; I neither authorized nor encouraged subordinates to engage in illegal or improper campaign tactics. That was and that is the simple truth.” He says that in all the Senate testimony, “there is not the slightest suggestion that I had any knowledge of the planning for the Watergate break-in.” He says only one witness has challenged his statement under oath, referring to former White House counsel John Dean (see April 6-20, 1973) and June 25-29, 1973), and says Dean’s “testimony has been contradicted by every other witness in a position to know the facts.” Instead, says Nixon, he insisted from the outset that the investigation into the Watergate burglary be “thorough and aboveboard,” and if there were any evidence of “higher involvement, we should get the facts out first.” A cover-up would be unconscionable, he says. He again insists that he was told in September 1972 that an FBI investigation, “the most extensive investigation since the assassination of President Kennedy… had established that only those seven (see June 17, 1972) were involved.” Throughout, Nixon says, he relied on the reports of his staff members, Justice Department, and FBI officials, who consistently reassured him that there was no involvement by anyone in the White House in the burglaries. “Because I trusted the agencies conducting the investigations, because I believed the reports I was getting, I did not believe the newspaper accounts that suggested a cover-up. I was convinced there was no cover-up, because I was convinced that no one had anything to cover up.”
Internal Investigation - He didn’t realize that those assurances were wrong until March 21, when he “received new information from [Dean] that led me to conclude that the reports I had been getting for over nine months were not true.” He immediately launched an internal investigation (see August 29, 1972), initially relying on Dean to conduct the investigation, then turning the task over to his senior aide, John Ehrlichman, and to the Attorney General, Richard Kleindienst. The results prompted him to give the case to the Criminal Division of the Justice Department, ordering the complete cooperation of “all members of the administration.” He never tried to hide the facts, Nixon asserts, but instead has consistently tried “to discover the facts—and to lay those facts before the appropriate law enforcement authorities so that justice could be done and the guilty dealt with.”
Refusal to Turn over Tapes; 'Privileged' Communications - Nixon says he is resisting subpoenas to turn over the secret recordings he has had made of White House and other conversations (see July 13-16, 1973) because of “a much more important principle… than what the tapes might prove about Watergate.” A president must be able to talk “openly and candidly with his advisers about issues and individuals” without having those conversations ever made public. These are “privileged” conversations, he says, similar to those between a lawyer and his client or “a priest and a penitent.” The conversations between a president and his advisers, Nixon says, are “even more important.” The conversations on those tapes are “blunt and candid,” made without thought to any future public disclosure, and for future presidents and their advisers to know that their conversations and advice might one day be made public would cripple their ability to talk freely and offer unfettered opinions. “That is why I shall continue to oppose efforts which would set a precedent that would cripple all future presidents by inhibiting conversations between them and those they look to for advice,” he says. “This principle of confidentiality of presidential conversations is at stake in the question of these tapes. I must and I shall oppose any efforts to destroy this principle.”
'Hard and Tough' Politics - Watergate has come to encompass more than just a burglary, Nixon says, but has brought up issues of partisan politics, “enemy lists” (see June 27, 1973), and even threats to national security. Nixon has always run “hard and tough” political campaigns, but has never stepped outside the law and “the limits of decency” in doing so. “To the extent that these things were done in the 1972 campaign, they were serious abuses, and I deplore them,” he says. The “few overzealous people” involved in the Watergate burglary should not reflect on his administration or the political process as a whole. He will “ensure that one of the results of Watergate is a new level of political decency and integrity in America—in which what has been wrong in our politics no longer corrupts or demeans what is right in our politics.”
Legal Wiretapping to Protect the Nation - The measures he has taken to protect the security of the nation have all been within the law and with the intention of protecting the government from possible subversion and even overthrow, he asserts. The wiretaps he authorized had been legal, he says, until the 1972 decision by the Supreme Court that rejected such wiretaps as unlawful (see June 19, 1972). Until then, Nixon says, he—like his predecessors—had implemented such wiretaps “to protect the national security in the public interest.” Since the Supreme Court decision, he says, he has stopped all such surveillance efforts. But the law must be mindful of “tying the president’s hands in a way that would risk sacrificing our security, and with it all our liberties.” He will continue to “protect the security of this nation… by constitutional means, in ways that will not threaten [American] freedom.”
The Fault of the Radicals - He blames the antiwar and civil rights movements of the 1960s as encouraging “individuals and groups… to take the law into their own hands,” often with the praise and support from the media and even from “some of our pulpits as evidence of a new idealism. Those of us who insisted on the old restraints, who warned of the overriding importance of operating within the law and by the rules, were accused of being reactionaries.” In the wake of this radical, anti-government atmosphere, the country was plagued by “a rising spiral of violence and fear, of riots and arson and bombings, all in the name of peace and in the name of justice. Political discussion turned into savage debate. Free speech was brutally suppressed as hecklers shouted down or even physically assaulted those with whom they disagreed. Serious people raised serious questions about whether we could survive as a free democracy.” That attitude permeated political campaigns, to the extent that “some persons in 1972 adopted the morality that they themselves had tightly condemned and committed acts that have no place in our political system… who mistakenly thought their cause justified their violations of the law.”
Looking Forward - It is time to put Watergate behind us, Nixon says, to abandon this “continued, backward-looking obsession with Watergate” and stop “neglect[ing] matters of far greater importance to all of the American people.… The time has come to turn Watergate over to the courts, where the questions of guilt or innocence belong. The time has come for the rest of us to get on with the urgent business of our nation.” [White House, 8/15/1973; White House, 8/15/1973; White House, 8/15/1973; AMDOCS Documents for the Study of American History, 6/1993; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: US Department of Justice, US Supreme Court, John Dean, Richard Kleindienst, Richard M. Nixon, Federal Bureau of Investigation, John Ehrlichman, Senate Watergate Investigative Committee

Timeline Tags: Nixon and Watergate

Representatives William Moorhead (D-PA) and Frank Horton (R-NY) cosponsor a series of amendments designed to improve the effectiveness of the 1966 Freedom of Information Act (FOIA). The law is designed to make it easier for journalists, researchers, and citizens to see government records, but in practice the law is cumbersome: agencies have little impetus to produce documents in a timely manner, charge exorbitant fees for searching and copying documents, and too often battle FOIA requests in court. With Watergate fresh in legislators’ minds, the amendments to FOIA are welcome changes. The amendments expand the federal agencies covered, and mandate expediting of document and record requests. But as the bill nears final passage, senior officials of the Ford White House are mobilizing to challenge it. The CIA, Defense and Treasury Departments, Civil Service, and many on President Ford’s staff, including Deputy Chief of Staff Dick Cheney, all urge a veto. Most bothersome is the provision that a court can review a federal decision not to release a document requested under FOIA. Ford will veto the bill, but Congress will override the vetoes (see November 20, 1974). [Dubose and Bernstein, 2006, pp. 29-30]

Entity Tags: William Moorhead, US Department of the Treasury, US Civil Service, Frank Horton, Ford administration, Central Intelligence Agency, US Department of Defense, Freedom of Information Act, Richard (“Dick”) Cheney, Gerald Rudolph Ford, Jr

Timeline Tags: Civil Liberties

President Ford announces the selection of former New York governor Nelson Rockefeller, a moderately liberal Republican, as his vice president. Ford gives Richard Nixon a courtesy call to inform him of the selection before making the public announcement. Nixon seems “very pleased,” Ford will later write. “He said Nelson’s name and experience in foreign policy would help me internationally, and that he was fully qualified to be president should something happen to me. The extreme right wing, he continued, would be very upset, but I shouldn’t worry because I couldn’t please them anyway.” Ford then telephones George H.W. Bush, who is bitterly disappointed at being passed over. To make the public announcement, Ford enters the Oval Office with Rockefeller at his side. Ford characterizes the decision to select Rockefeller as “a tough call for a tough job.” Rockefeller must be confirmed by the Senate, but no one expects any difficulties on that score. Rockefeller does cause a stir by confirming that Ford has “every intention” of running for president in 1976, though Rockefeller will not confirm that he will also be on the ticket. Most Republicans outside of the hard-core right applaud Rockefeller’s selection. House Minority Leader John Rhodes (R-AZ), a longtime Ford ally, chides the extremists: “I can’t believe conservative Republicans feel broadening the base of the party is a bad thing—unless they want to keep on losing and keep being a minority—and I just can’t subscribe to that way of thinking.” The mainstream media approves of Rockefeller as well, with CBS’s Eric Sevareid calling the new Ford-Rockefeller administration a triumph of “common sense.” He goes on to say the two are so popular that Democrats, “more deeply divided than the Republicans,” may find themselves in for a “long stretch in the political wilderness.… They thought they could run against Nixon for the next twenty [years]. But as things stand now they can’t run against Nixon even this year.” [Werth, 2006, pp. 138-143]

Entity Tags: Richard M. Nixon, Gerald Rudolph Ford, Jr, Eric Sevareid, George Herbert Walker Bush, John Rhodes, Nelson Rockefeller

Timeline Tags: Nixon and Watergate

Ronald Reagan and Gerald Ford at a Los Angeles hotel, October 1974.Ronald Reagan and Gerald Ford at a Los Angeles hotel, October 1974. [Source: David Hume Kennerly / Vanity Fair]The Republican governor of California, Ronald Reagan, has until now been undecided whether to run for president in 1976 against Ford. But Nelson Rockefeller’s nomination as vice president (see August 20, 1974) galvanizes Reagan and his team. Conservative Republicans begin gathering under Reagan’s banner to oppose what they see as an unacceptably left-leaning 1976 ticket of Ford and Rockefeller. Reagan is not universally popular in the GOP: Richard Nixon thought him “strange” and not “pleasant to be around.” For his part, Reagan has until now staunchly supported Nixon throughout the Watergate debacle, but has begun exhorting young conservatives to forget Nixon and embrace conservative ideology. At a Maryland fund-raising party, Reagan tells the crowd that the Ford administration must reassert what he calls the “mandate of 1972,” when Nixon trounced Democratic presidential candidate George McGovern in the most lopsided victory in modern US history. By re-electing Nixon so overwhelmingly, Reagan says, “voters rejected an invitation to Utopia and reaffirmed the basic values from which our system was built. They voted for fiscal responsibility and individual determination of their own destinies.… They repudiated the idea that government should grow bigger and bigger, that we should embrace more costly programs to alleviate human misery—programs that somehow never succeed no matter how much money is spent on them. The mandate of 1972 was a matter of the people vs. big government. The people, I believe, have given the government a mandate which they expect to be enforced.” [Werth, 2006, pp. 180-181]

Entity Tags: Richard M. Nixon, Ronald Reagan, Gerald Rudolph Ford, Jr, Ford administration, George S. McGovern, Nelson Rockefeller

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Nixon and Watergate

President Ford, weighing whether or not to sign into law a set of amendments strengthening the Freedom of Information Act (FOIA—see January 1974 - September 1974), is given a memo by aide Ken Cole. In it, Cole writes: “There is little question that the legislation is bad on the merits, the real question is whether opposing it is important enough to face the political consequences. Obviously, there is a significant political disadvantage to vetoing a Freedom of Information bill, especially just before an election, when your administration’s theme is one of openness and candor.” [National Security Archive, 11/23/2004] Ford will veto the bill, but Congress will override his veto (see November 20-21, 1974).

Entity Tags: Gerald Rudolph Ford, Jr, Ken Cole

Timeline Tags: Civil Liberties

The Freedom of Information Act (FOIA), passed in 1966, is significantly strengthened by a series of amendments (see January 1974 - September 1974) which become law over President Ford’s veto. Ford initially wanted to sign the bill as soon as it came to his desk from Congress, but was persuaded to veto it by Chief of Staff Donald Rumsfeld, Defense Secretary Dick Cheney, and the head of the Justice Department’s Office of Legal Counsel, Antonin Scalia. Rumsfeld and Cheney argued that the bill would promote leaks to the media from within the administration, and Scalia wrote a brief judging that the bill was unconstitutional. But Congress, weary of opposition after almost 11 years of investigations, reports, and hearings (and out of patience with executive foot-dragging after the Watergate investigations), is ready to pass the bill. The House of Representatives votes overwhelmingly to override Ford’s veto by a 371-31 vote. The Senate votes to override the veto 65-27. As a result, government attempts to hinder FOIA requests—subjecting requesters to unusual delays, charging requesters exorbitant prices for copying and searching, subjecting requesters to bureaucratic run-arounds, mixing confidential and exempt materials with non-exempt materials and using that juxtaposition to refuse to release materials, and forcing requesters to file costly lawsuits to force compliance—will be markedly constrained. [National Security Archive, 11/23/2004; Roberts, 2008, pp. 10]

Entity Tags: Donald Rumsfeld, Freedom of Information Act, Antonin Scalia, Richard (“Dick”) Cheney, Gerald Rudolph Ford, Jr

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Nixon and Watergate

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

Entity Tags: Fidel Castro, US Congress

Timeline Tags: US-Cuba (1959-2005)

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

H. R. Haldeman’s “The Ends of Power.”H. R. Haldeman’s “The Ends of Power.” [Source: Amazon (.com)]Former Nixon aide H. R. Haldeman, in his autobiography The Ends of Power, advances his own insider theory of the genesis of the Watergate burglaries (see July 26-27, 1970). Haldeman, currently serving a one-year prison sentence for perjuring himself during his testimony about the Watergate cover-up, became so angered while watching David Frost interview former President Nixon, and particularly Nixon’s attempts to pin the blame for Watergate on Haldeman and fellow aide John Ehrlichman (see April 15, 1977), that he decided to write the book to tell his version of events. Some of his assertions:
Nixon, Colson Behind 'Plumbers;' Watergate Burglary 'Deliberately Sabotaged' - He writes that he believes then-President Nixon ordered the operation that resulted in the burglaries and surveillance of the Democratic National Committee (DNC) headquarters because he and Charles Colson, the aide who supervised the so-called “Plumbers” (see Late June-July 1971), were both “infuriated with [DNC chairman Lawrence] O’Brien’s success in using the ITT case against them” (see February 22, 1972). Colson, whom Haldeman paints as Nixon’s “hit man” who was the guiding spirit behind the “Plumbers,” then recruited another White House aide, E. Howard Hunt, who brought in yet another aide, G. Gordon Liddy. Haldeman goes into a more interesting level of speculation: “I believe the Democratic high command knew the break-in was going to take place, and let it happen. They may even have planted the plainclothesman who arrested the burglars. I believe that the CIA monitored the Watergate burglars throughout. And that the overwhelming evidence leads to the conclusion that the break-in was deliberately sabotaged.” O’Brien calls Haldeman’s version of events “a crock.” As for Haldeman’s insinuations that the CIA might have been involved with the burglaries, former CIA director Richard Helms says, “The agency had nothing to do with the Watergate break-in.” Time magazine’s review of the book says that Haldeman is more believable when he moves from unverifiable speculation into provable fact. One such example is his delineation of the conspiracy to cover up the burglaries and the related actions and incidents. Haldeman writes that the cover-up was not a “conspiracy” in the legal sense, but was “organic,” growing “one step at a time” to limit political damage to the president.
Story of Kennedy Ordering Vietnamese Assassination Actually True - He suggests that the evidence Hunt falsified that tried to blame former president John F. Kennedy of having then-South Vietnamese President Ngo Dinh Diem assassination (see Mid-September 1971) may have pointed to the actual truth of that incident, hinting that Kennedy may have ordered the assassination after all.
US Headed Off Two Potentially Catastrophic Nuclear Incidents with USSR, China - He also writes of a previously unsuspected incident where Nixon and other US officials convinced the Soviets not to attack Chinese nuclear sites. And Haldeman tells of a September 1970 incident where the US managed to head off a second Cuban Missile Crisis. Both stories of US intervention with the Soviets are strongly denied by both of Nixon’s Secretaries of State, Henry Kissinger, and William Rogers.
Duality of Nixon's Nature - Haldeman says that while Nixon carried “greatness in him,” and showed strong “intelligence, analytical ability, judgment, shrewdness, courage, decisiveness and strength,” he was plagued by equally powerful flaws. Haldeman writes that Nixon had a “dirty, mean, base side” and “a terrible temper,” and describes him as “coldly calculating, devious, craftily manipulative… the weirdest man ever to live in the White House.” For himself, Haldeman claims to have always tried to give “active encouragement” to the “good” side of Nixon and treat the “bad” side with “benign neglect.” He often ignored Nixon’s “petty, vindictive” orders, such as giving mass lie detector tests to employees of the State Department as a means of finding security leaks. He writes that while he regrets not challenging Nixon more “frontally” to counter the president’s darker impulses, he notes that other Nixon aides who had done so quickly lost influence in the Oval Office. Colson, on the other hand, rose to a high level of influence by appealing to Nixon’s darker nature. Between the two, Haldeman writes, the criminal conspiracy of Watergate was created. (Colson disputes Haldeman’s depiction of his character as well as the events of the conspiracy.) Haldeman himself never intended to do anything illegal, denies any knowledge of the “Gemstone” conspiracy proposal (see January 29, 1972), and denies ordering his aide Gordon Strachan to destroy evidence (see June 18-19, 1972).
Reconstructing the 18 1/2 Minute Gap - Haldeman also reconstructs the conversation between himself and Nixon that was erased from the White House tapes (see June 23, 1972 and July 13-16, 1973). Time notes that Haldeman reconstructs the conversation seemingly to legally camouflage his own actions and knowledge, “possibly to preclude further legal charges against him…” According to Haldeman’s reconstruction, Nixon said, “I know one thing. I can’t stand an FBI interrogation of Colson… Colson can talk about the president, if he cracks. You know I was on Colson’s tail for months to nail Larry O’Brien on the [Howard] Hughes deal (see April 30 - May 1, 1973; O’Brien had worked for Hughes, and Nixon was sure O’Brien had been involved in illegalities). Colson told me he was going to get the information I wanted one way or the other. And that was O’Brien’s office they were bugging, wasn’t it? And who’s behind it? Colson’s boy Hunt. Christ. Colson called [deputy campaign chief Jeb Magruder] and got the whole operation started. Right from the g_ddamn White House… I just hope the FBI doesn’t check the office log and put it together with that Hunt and Liddy meeting in Colson’s office.” Time writes, “If the quotes are accurate, Nixon is not only divulging his own culpability in initiating the bugging but is also expressing a clear intent to keep the FBI from learning about it. Thus the seeds of an obstruction of justice have been planted even before the celebrated June 23 ‘smoking gun’ conversation, which ultimately triggered Nixon’s resignation from office.” Haldeman says he isn’t sure who erased the tape, but he believes it was Nixon himself. Nixon intended to erase all the damning evidence from the recordings, but since he was, Haldeman writes, “the least dexterous man I have ever known,” he quickly realized that “it would take him ten years” to erase everything.
'Smoking Gun' Allegations - Haldeman also makes what Time calls “spectacular… but unverified” allegations concerning the June 23, 1972 “smoking gun” conversations (see June 23, 1972). The focus of that day’s discussion was how the White House could persuade the CIA to head off the FBI’s investigation of the Watergate burglary. The tape proved that Nixon had indeed attempted to block the criminal investigation into Watergate, and feared that the money found on the burglars would be traced back to his own re-election campaign committee. Haldeman writes that he was confused when Nixon told him to tell the CIA, “Look, the problem is that this will open up the whole Bay of Pigs thing again.” When Haldeman asked Helms to intercede with the FBI, and passed along Nixon’s warning that “the Bay of Pigs may be blown,” Helms’s reaction, Haldeman writes, was electric. “Turmoil in the room, Helms gripping the arms of his chair, leaning forward and shouting, ‘The Bay of Pigs had nothing to do with this. I have no concern about the Bay of Pigs.’” Haldeman writes, “I was absolutely shocked by Helms‘[s] violent reaction. Again I wondered, what was such dynamite in the Bay of Pigs story?” Haldeman comes to believe that the term “Bay of Pigs” was a reference to the CIA’s secret attempts to assassinate Cuban dictator Fidel Castro. The CIA had withheld this info from the Warren Commission, the body that investigated the assassination of President Kennedy, and Haldeman implies that Nixon was using the “Bay of Pigs thing” as some sort of blackmail threat over the CIA. Haldeman also hints, very vaguely, that Nixon, when he was vice president under Dwight D. Eisenhower, was a chief instigator of the actual Bay of Pigs invasion. (Time notes that while Vice President Nixon probably knew about the plans, “he certainly had not been their author.”)
Other Tidbits - Haldeman writes that Nixon’s taping system was created to ensure that anyone who misrepresented what Nixon and others said in the Oval Office could be proven wrong, and that Nixon had Kissinger particularly in mind. Nixon kept the tapes because at first he didn’t believe he could be forced to give them up, and later thought he could use them to discredit former White House counsel John Dean. He says Nixon was wrong in asserting that he ordered Haldeman to get rid of the tapes. Haldeman believes the notorious “deep background” source for Washington Post reporters Carl Bernstein and Bob Woodward was actually Fred Fielding, Dean’s White House deputy. Interestingly, Haldeman apparently discovered the real identity of “Deep Throat” in 1972 to be senior FBI official W. Mark Felt (see October 19, 1972). It is unclear why Haldeman now writes that Fielding, not Felt, was the Post source.
Not a Reliable Source - Time notes that Haldeman’s book is far from being a reliable source of information, characterizing it as “badly flawed, frustratingly vague and curiously defensive,” and notes that “[m]any key sections were promptly denied; others are clearly erroneous.” Time concludes, “Despite the claim that his aim was finally to ‘tell the truth’ about the scandal, his book is too self-protective for that.” And it is clear that Haldeman, though he writes how the cover-up was “morally and legally the wrong thing to do—so it should have failed,” has little problem being part of such a criminal conspiracy. The biggest problem with Watergate was not that it was illegal, he writes, but that it was handled badly. He writes, “There is absolutely no doubt in my mind today that if I were back at the starting point, faced with the decision of whether to join up, even knowing what the ultimate outcome would be, I would unhesitatingly do it.” [Time, 2/27/1978; Spartacus Schoolnet, 8/2007]

Entity Tags: Fred F. Fielding, William P. Rogers, E. Howard Hunt, Democratic National Committee, David Frost, Charles Colson, W. Mark Felt, Bob Woodward, Carl Bernstein, US Department of State, Lawrence O’Brien, Richard Helms, John Dean, Jeb S. Magruder, Howard Hughes, Henry A. Kissinger, Gordon Strachan, Dwight Eisenhower, Richard M. Nixon, H.R. Haldeman, John F. Kennedy

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: People’s Mujahedin of Iran

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

Shortly after the seizure of the US embassy in Tehran (see November 4, 1979-January 20, 1981), President Jimmy Carter issues Executive Order 12170 freezing Iranian government assets held in the United States under the authority of the International Emergency Economic Powers Act (IEEPA). [US President, 11/14/1979] Iran has an estimated $12 billion in bank deposits, gold, and other properties, including $5.6 billion in deposits and securities held by overseas branches of US banks. [US Department of the Treasury. Office of Foreign Assets Control, 11/1979]

Entity Tags: James Earl “Jimmy” Carter, Jr.

Timeline Tags: US confrontation with Iran

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

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

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

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

Timeline Tags: Civil Liberties

A federal court rules that because of the government’s “state secrets” privilege (see March 9, 1953), a civilian plaintiff suing the US Navy over a contractual agreement cannot even access “non-privileged,” or unclassified, information from the Navy because to do so might “threaten disclosure” of material that goes against “the overriding interest of the United States… preservation of its state secrets privilege precludes any further attempt to pursue litigation.” [Siegel, 2008, pp. 196-197]

Entity Tags: US Department of the Navy

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

Ronald and Nancy Reagan celebrate winning the presidency.Ronald and Nancy Reagan celebrate winning the presidency. [Source: Medal of Freedom (.com)]After winning a sweeping election victory against President Jimmy Carter in November 1980, Ronald Reagan is sworn in as US president. The same day that Reagan is sworn in, Iran releases the remaining 52 hostages it has held captive at the US Embassy in Tehran for 444 days (see November 4, 1979-January 20, 1981). [PBS, 2000]

Entity Tags: Ronald Reagan, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Iran-Contra Affair, Elections Before 2000

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

In the second of two rulings in the case of Halkin v Helms, the judiciary comes down squarely on the side of the US government against charges of illegal surveillance and wiretapping leveled against American anti-war protesters. The district and appellate courts uphold the federal government’s “state secrets” claim as codified in US v Reynolds (see March 9, 1953), thereby denying the plaintiffs the right to see government information that they claim would prove their case. The DC Court of Appeals writes that the federal courts do not have any constitutional role as “continuing monitors of the wisdom and soundness of Executive action,” and instead the courts “should accord utmost deference to executive assertions of privilege on grounds of military or diplomatic secrets… courts need only be satisfied that there is a reasonable danger” that military secrets might be exposed. [Siegel, 2008, pp. 196-196]

Timeline Tags: Civil Liberties

Margaret Thatcher.Margaret Thatcher. [Source: UK Parliament]British prime minister Margaret Thatcher, displeased with two of her ministers for challenging her on unidentified policy matters, requests that they be placed under electronic surveillance. Because it is illegal for British intelligence to monitor its own citizens, the operation is handed over to the CSE, Canada’s national security agency. [Daily Iowan, 1/19/2006; Janczewski and Colarik, 2007, pp. 454] According to former CSE spy Mike Frost, who will publicly discuss the matter in 2000, Thatcher “had two ministers that she said ‘…weren’t onside.’” Thatcher, says Frost, “wanted to find out, not what these ministers were saying, but what they were thinking. So my boss, as a matter of fact, went to McDonald House in London and did intercept traffic from these two ministers.” Why CSE and not British intelligence? Because for the British to monitor their own government members would be illegal—so instead, they farm out such activities to their allies. “The British Parliament now have total deniability,” Frost says. “They didn’t do anything. They know nothing about it. Of course they didn’t do anything; we did it for them.” Frost will say there is no way to pin any blame or criminal charges on anyone in the British government. “The British Parliament now has total deniability,” Frost says. “They didn’t do anything… we did it for them.” [ZDNet, 2/25/2000; CBS News, 2/27/2000]

Entity Tags: Communications Security Establishment, Mike Frost, Government Communications Headquarters, Margaret Thatcher

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Domestic Propaganda

The DC Court of Appeals rejects a claim by civilian plaintiffs to force the government to disclose classified information as part of a lawsuit, citing the “state secrets” privilege (see March 9, 1953). Furthermore, the court broadens the definition of “state secrets” to include “disclosure of intelligence-gathering methods or capabilities and disruption of diplomatic relations.” [Siegel, 2008, pp. 197]

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

Neoconservative academic Michael Ledeen, who left the Defense Department under suspicion of engaging in espionage on behalf of Israel (see 1983), gains a position at the National Security Council. His boss is Lieutenant Colonel Oliver North (see July 7-10, 1987 and May-June, 1989). According to Iran-Contra investigators, it is Ledeen who suggests to North “that Israeli contacts might be useful in obtaining release of the US hostages in Lebanon” (see November 4, 1979-January 20, 1981). Ledeen is granted high-level security clearance. [CounterPunch, 2/28/2004]

Entity Tags: Michael Ledeen, National Security Council

Timeline Tags: Iran-Contra Affair, Neoconservative Influence

According to former Reagan Justice Department official Terry Eastland, writing in his 1992 book Energy in the Executive, the process of selecting Antonin Scalia as a Supreme Court Justice begins now, well before anyone knows there will be a vacancy for him. Attorney General Edwin Meese asks his assistant attorney general, William Bradford Reynolds, to advise him in preparing a nominee, “just in case.” Reynolds assembles a team of Justice Department officials, who examine about twenty possible choices, mostly federal judges, focusing primarily on conservative judicial philosophy. Two individuals stand out: Robert Bork and Scalia. Eastland writes, “Neither was ranked over the other; both were regarded as the best available, most well-qualified exponents of Reagan’s judicial philosophy.” Both are seen as powerful and influential legal figures. When Chief Justice Warren Burger announces his decision to retire from the bench, Reynolds advises Meese to choose Justice William Rehnquist to replace Burger as Chief Justice (see September 26, 1986), and to choose either Bork or Scalia to replace Rehnquist. Reagan makes the final decision: Scalia. [Dean, 2007, pp. 133]

Entity Tags: Robert Bork, Edwin Meese, William Rehnquist, Antonin Scalia, Terry Eastland, US Department of Justice, William Bradford Reynolds

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

Soliman Biheiri.Soliman Biheiri. [Source: US Immigrations and Customs]BMI Inc., a real estate investment firm based in Secaucus, New Jersey, is formed in 1986. Former counterterrorism “tsar” Richard Clarke will state in 2003, “While BMI [has] held itself out publicly as a financial services provider for Muslims in the United States, its investor list suggests the possibility this facade was just a cover to conceal terrorist support. BMI’s investor list reads like a who’s who of designated terrorists and Islamic extremists.” Investors in BMI include: [US Congress, 10/22/2003]
bullet Soliman Biheiri. He is the head of BMI for the duration of the company’s existence. US prosecutors will later call him the US banker for the Muslim Brotherhood, a banned Egyptian militant group. Biheiri’s computer will eventually be searched and found to have contact information for Ghaleb Himmat and Youssef Nada, leaders of the Al Taqwa Bank, which is founded two years after BMI (see 1988). After 9/11, the US and UN will designate both Himmat and Nada and the Al Taqwa Bank as terrorist financiers, and the bank will be shut down (see November 7, 2001). US prosecutors say there are other ties between BMI and Al Taqwa, including financial transactions. Biheiri also has close ties with Yousuf Abdullah Al-Qaradawi. Qaradawi is said to be a high-ranking member of the Muslim Brotherhood, a shareholder in Al Taqwa, and has made statements supporting suicide bombings against Israel. In 2003, US investigators will accuse Biheiri of ties to terrorist financing. He will be convicted of immigration violations and lying to a federal agent (see June 15, 2003). [Wall Street Journal, 9/15/2003; Forward, 10/17/2003] Biheiri will be convicted of immigration fraud in 2003 and then convicted of lying to federal investigators in 2004 (see June 15, 2003).
bullet Abdullah Awad bin Laden, a nephew of Osama bin Laden. He invests about a half-million dollars in BMI real estate ventures, earning a profit of $70,000. For most of the 1990s he runs the US branch of a Saudi charity called World Assembly of Muslim Youth (WAMY). He is investigated by the FBI in 1996 (see February-September 11, 1996), and WAMY will be raided by US agents in 2004 (see June 1, 2004). The raid is apparently part of a larger investigation into terrorism financing. In 2001, at least two of the 9/11 hijackers will live three blocks away from the WAMY office (see March 2001 and After). [Wall Street Journal, 9/15/2003; Washington Post, 4/19/2004]
bullet Nur and Iman bin Laden, two female relatives of Osama bin Laden. Abdullah Awad bin Laden will invest some of their money in a BMI real estate project. While their bin Laden family ties are intriguing, neither have been accused of any knowing connections to terrorist financing. [Washington Post, 4/19/2004]
bullet Mousa Abu Marzouk. He has identified himself as a top leader of Hamas. The US declares him a terrorist in 1995 (see July 5, 1995-May 1997). BMI makes at least two transactions with Marzouk after he is declared a terrorist. [Wall Street Journal, 9/15/2003]
bullet Yassin al-Qadi, a Saudi multimillionaire. His lawyers will later claim he has no terrorism ties and had only a passing involvement with BMI and liquidated his investment in it in 1996. However, another company operating from the same office as BMI is called Kadi International Inc. and lists its president as al-Qadi. Al-Qadi is also a major investor in the suspect computer company Ptech (see 1994; 1999-After October 12, 2001). Al-Qadi and BMI head Biheiri have financial dealings with Yaqub Mirza, a Pakistani who manages a group of Islamic charities in Virginia known as the SAAR network (see July 29, 1983). These charities will be raided in March 2002 on suspicions of terrorism ties (see March 20, 2002). Shortly after 9/11, the US will officially declare al-Qadi a terrorist financier (see October 12, 2001). [Wall Street Journal, 9/15/2003]
bullet Saleh Kamel. BMI allegedly receives a $500,000 investment from the Dallah Al-Baraka banking conglomerate, which is headed by Kamel. For many years before 9/11, Omar al-Bayoumi, an associate of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, will receive a salary from Dallah, despite apparently doing no work. Some will accuse al-Bayoumi of involvement in funding the 9/11 plot, but that remains to been proven (see August 1994-July 2001). Kamel reportedly founded a Sudanese Islamic bank which housed accounts for senior al-Qaeda operatives. He is a multi-billionaire heavily involved in promoting Islam, and his name appears on the Golden Chain, a list of early al-Qaeda supporters (see 1988-1989). He denies supporting terrorism. [US Congress, 10/22/2003; Wall Street Journal, 6/21/2004]
bullet The Kuwait Finance House. According to Clarke, this organization is alleged to be a BMI investor and the “financial arm of the Muslim Brotherhood in Kuwait. Several al-Qaeda operatives have allegedly been associated with the Kuwaiti Muslim Brotherhood, including Khalid Shaikh Mohammed, Suliman abu Ghaith, Wadih El-Hage, and Ramzi Yousef.” In 2003, an apparent successor entity to the Kuwait Finance House will be designated as a terrorist entity by the US. A lawyer for the Kuwait Finance House will later say the bank has never let its accounts be used for terrorism. [Wall Street Journal, 9/15/2003; US Congress, 10/22/2003; Wall Street Journal, 4/20/2005]
bullet Tarek Swaidan. He is a Kuwaiti, an associate of al-Qadi, and a leading member of the Kuwaiti branch of the Muslim Brotherhood. It is unknown if he has made any denials about his alleged associations. [Wall Street Journal, 9/15/2003]
bullet Abdurahman Alamoudi. For many years he runs the American Muslim Council, a lobby group founded by a top Muslim Brotherhood figure. US prosecutors say he also is in the Brotherhood, and has alleged ties to Hamas. In 2004, the US will sentence him to 23 years in prison for illegal dealings with Libya (see October 15, 2004). [Wall Street Journal, 6/21/2004; Washington Post, 10/16/2004]
bullet The International Islamic Relief Organization (IIRO) and the Muslim World League, closely connected Saudi charities suspected of financing terrorism. They give BMI $3.7 million out of a $10 million endowment from unknown Saudi donors. The Financial Times will later note, “While it is not clear whether that money came from the Saudi government, [a 2003] affidavit quotes a CIA report that says the Muslim World League ‘is largely financed by the government of Saudi Arabia.’” Both organizations consistently deny any support of terrorism financing, but in early 2006 it will be reported that US officials continue to suspect them of such support (see January 15, 2006). [Financial Times, 8/21/2003] In 1992, a branch of the IIRO gives $2.1 million to BMI Inc. to invest in real estate. The money disappears from BMI’s books. In October 1999, BMI goes defunct after it is unable to repay this money to the IIRO branch. The IIRO branch gives BMI the rest of the $3.7 million between 1992 and 1998. BMI will use the money to buy real estate (see 1992). Eventually, some of this money will be given to Hamas operatives in the West Bank and spent on violent actions against Israel. This will eventually lead to legal action in the US and a seizure of some of the money. [Wall Street Journal, 11/26/2002; Washington Post, 8/20/2003; Washington Times, 3/26/2004; Washington Post, 4/19/2004] By 1992, BMI has projected revenues in excess of $25 million, based largely on their real estate investments in the US. [US Congress, 10/22/2003] In early 1999, months before BMI goes defunct, the FBI hears evidence potentially tying BMI to the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), but an investigation into this will not be pursued (see Early 1999). It should be noted that BMI had many investors, and presumably most BMI investors would have had no suspicions that their money might be used to fund terrorism or other types of violence.

Entity Tags: Iman bin Laden, International Islamic Relief Organization, Muslim World League, Kuwait Finance House, Nur bin Laden, Mousa Abu Marzouk, Abdurahman Alamoudi, Richard A. Clarke, Soliman Biheiri, Abdullah Awad bin Laden, Yousuf Abdullah Al-Qaradawi, Tarek Swaidan, Yassin al-Qadi, Saleh Abdullah Kamel

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

Campaigning on behalf of conservative Republican candidates in an attempt to have the GOP retain control of the Senate, Ronald Reagan goes on a campaign tour of the South, where he alludes to Republicans’ plans for exerting control of the nation’s court system. Typical of Reagan’s stump speech is the following one he delivers on behalf of embattled Republican incumbent James Broyhill: “Since I’ve been appointing federal judges to be approved by people like Jim Broyhill in the Republican Senate, the federal judiciary has become tougher, much tougher, on criminals. Criminals are going to jail more often and receiving longer sentences. Over and over the Democratic leadership has tried in the Senate to torpedo our choices for judges. And that’s where Jim Broyhill can make all the difference. Without him and the Republican majority in the Senate, we’ll find liberals like Joe Biden and a certain fellow from Massachusetts deciding who our judges are. And I’ll bet you’ll agree; I’d rather have a Judiciary Committee headed by Strom Thurmond than one run by Joe Biden or Ted Kennedy.” Broyhill will be defeated, and Democrats will regain control of the Senate in spite of Reagan’s efforts, in large part because of Southern blacks offended by such speeches. The new Democratic leadership, responding to the voters, will help block the racially questionable Robert Bork’s nomination to the Supreme Court (see July 1-October 23, 1987). [Dean, 2007, pp. 140]

Entity Tags: Joseph Biden, Edward M. (“Ted”) Kennedy, Ronald Reagan, James Broyhill, Strom Thurmond, Senate Judiciary Committee

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

After Robert Bork’s nomination to the Supreme Court fails (see July 1-October 23, 1987), President Reagan nominates an equally hard-line conservative, appeals court judge Douglas Ginsberg. Ginsberg withdraws his nomination after the press learns that he had ignored a serious conflict-of-interest problem while at the Department of Justice, that he had smoked marijuana as both a student and a professor at Harvard Law School, and that, though Ginsberg professes to be stringently anti-abortion, his wife is a doctor who has herself performed abortions. Reagan will nominate a third and final selection for the Court, the somewhat more moderate Anthony Kennedy. [Washington Post, 1998; Federal Judicial Center, 9/26/2006; Dean, 2007, pp. 143-144]

Entity Tags: Harvard University Law School, Douglas Ginsberg, US Department of Justice, US Supreme Court, Ronald Reagan, Robert Bork, Anthony Kennedy

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties, Iran-Contra Affair

A lawsuit against the FBI’s investigation of a sixth-grade boy and his school project to create an “encyclopedia of the world” is stopped when an appeals court rules that the agency is shielded by the “state secrets” privilege (see March 9, 1953). Unable to secure information from the FBI as to why it investigated him, the child had therefore “failed to sustain his burden of proof [and] the cause of action was properly dismissed.” [Siegel, 2008, pp. 197]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Civil Liberties

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

A US appellate court refuses to find a number of military contractors liable in the death of Earl Patton Ryals, who died with 36 of his fellow crewmen in the Iraqi attack on the USS Stark (see May 17, 1987 and After). Ryals’s estate claims that he and his fellows died in part because of negligence on the part of the contractors who designed, manufactured, tested, and marketed the weapons system on board the Stark, including the Phalanx anti-missile system. In turning down the estate’s claim, the court cites the government’s “state secrets” privilege (see March 9, 1953), saying that the facts of the issue could not be resolved without examining classified Navy documents. And even without this reason, the court rules, Ryals’s estate cannot see the documents because the case presents “a political question” about military decision-making that is not subject to judicial review. [Zuckerbraun v. General Dynamics Corp., 6/13/1991; Siegel, 2008, pp. 197-198] A year later, a similar case will be dismissed on the grounds that a trial might conceivably reveal “state secrets” (see September 16, 1992).

Entity Tags: Earl Patton Ryals, US Department of the Navy

Timeline Tags: Civil Liberties

When Supreme Court Justice Thurgood Marshall, the first and only African-American to serve on the Court, announces his retirement, the Bush administration is ready with a far more conservative replacement. President Bush himself is already under fire for previously naming a moderate, David Souter, to the Court, and Bush is determined to give his conservative base someone they can back. Although Bush had wanted to nominate an appropriately conservative Hispanic, his eventual nomination is Clarence Thomas, who is completing his first year as a judge on the DC Court of Appeals. Thomas has two qualifications that Bush officials want: like Marshall, he is African-American; unlike Marshall, he is as conservative a jurist as Antonin Scalia (see September 26, 1986) or Robert Bork (see July 1-October 23, 1987). Two of former President Reagan’s closest legal advisers, C. Boyden Gray and Lee Liberman (a co-founder of the conservative Federalist Society), privately call Thomas “the black Bork.” Bush calls Thomas “the most qualified man in the country” for the position. [New York Times, 7/2/1991; Dean, 2007, pp. 146-153] During the July 2 press conference to announce Thomas’s nomination, Bush says: “I don’t feel he’s a quota. I expressed my respect for the ground that Mr. Justice Marshall plowed, but I don’t feel there should be a black seat on the Court or an ethnic seat on the Court.” For his part, Thomas extols his upbringing as a desperately poor child in Georgia, crediting his grandmother and the nuns who taught him in Catholic schools as particular influences on his life and values. Republican senator Orrin Hatch says that opposing Thomas will be difficult: “Anybody who takes him on in the area of civil rights is taking on the grandson of a sharecropper.” [New York Times, 7/2/1991] However, the non-partisan American Bar Association’s recommendation panel splits on whether Thomas is qualified or not, the first time since 1969 the ABA has failed to unanimously recommend a nominee. Twelve panelists find Thomas “qualified,” two find him “not qualified,” and none find him “well qualified.” One senior Congressional aide calls the assessment of Thomas “the equivalent of middling.” [New York Times, 8/28/1991; Dean, 2007, pp. 146-153] In 2007, former Nixon White House counsel John Dean will write, “For the president to send a nominee to the Supreme Court with anything less than a uniformly well-qualified rating is irresponsible, but such decisions have become part of the politicization of the judiciary.” Thomas, himself a beneficiary of the nation’s affirmative action programs, opposes them, once calling them “social engineering;” he has no interest in civil rights legislation, instead insisting that the Constitution should be “color-blind” and the courts should stay out of such matters. Civil rights, women’s rights, and environmental groups are, in Dean’s words, “terrified” of Thomas’s nomination. To overcome these obstacles, the Bush administration decides on a strategy Dean calls “crude but effective… us[ing] Thomas’s color as a wedge with the civil rights community, because he would pick up some blacks’ support notwithstanding his dismal record in protecting their civil rights. [New York Times, 7/2/1991; Dean, 2007, pp. 146-153] The nomination of an African-American quells some of the planned resistance to a conservative nominee promised by a number of civil rights organizations. [New York Times, 7/2/1991] Three months later, Thomas will be named to the court after a bitterly contentious brace of confirmation hearings (see October 13, 1991).

Entity Tags: Orrin Hatch, US Supreme Court, Lee Liberman, Robert Bork, John Dean, Thurgood Marshall, David Souter, American Bar Association, Bush administration (41), Antonin Scalia, George Herbert Walker Bush, Clayland Boyden Gray, Clarence Thomas

Timeline Tags: Civil Liberties

Clarence Thomas.Clarence Thomas. [Source: AP / World Wide Photos]The Senate Judiciary Committee hearings for Supreme Court nominee Clarence Thomas begin (see July 2-August 28, 1991). Thomas is exhaustively coached by a team headed by former senator John Danforth (R-MO), whom Thomas had worked for when Danforth was attorney general of Missouri. As per his coaching, Thomas says as little as possible in response to senators’ questions, staying with generalities and being as congenial, diffident, and bland as the questions will allow. Still, some of his statements defy belief.
Abortion Rights - Thomas is well-known as an ardent opponent of abortion rights, but he claims in testimony that he has no position on the fundamental abortion case of Roe v. Wade (see January 22, 1973), even though he has disparaged the case in his own legal writings. He even claims not to have discussed the case with anyone. His sympathetic biographer Andrew Peyton Thomas (no relation) later admits that “these representations about Roe proved a laughingstock.” Even conservative stalwart Paul Weyrich, who is running a “war room” to counter any negative statements about Thomas in the press or in the hearings, says publicly that Thomas has spoken of the case in discussions between the two, and calls Thomas’s dissembling “disingenuous” and “nauseating.” Weyrich considers, and rejects, withdrawing his support for Thomas.
Comparison with Rehnquist Hearings - Author and former Nixon White House counsel John Dean will write, “[I]t was clear that Thomas was going the route that [Supreme Court Justice William] Rehnquist had traveled” (see September 26, 1986): “Say anything that was necessary to win confirmation, regardless of the conspicuousness of the lie. Regrettably, it would get worse.” The Senate Judiciary Committee splits on sending Thomas’s name to the full Senate, 7-7, therefore making no recommendation either way. But head counts show that Thomas has a narrow but solid majority of senators ready to vote him onto the bench. [Dean, 2007, pp. 146-153]

Entity Tags: US Supreme Court, William Rehnquist, Paul Weyrich, Andrew Peyton Thomas, Clarence Thomas, John C. Danforth, Senate Judiciary Committee, John Dean

Timeline Tags: Civil Liberties

Anita Hill.Anita Hill. [Source: ABC News]Clarence Thomas’s Senate confirmation hearings for the Supreme Court (see October 13, 1991) are muddied by explosive charges of sexual harassment. Anita Hill, a conservative, African-American law professor who once worked for Thomas both at the Department of Education and at the Equal Employment Opportunity Commission (EEOC), testifies before the Senate Judiciary Committee about Thomas’s alleged sexual advances towards her. The committee learned of the allegations from one of Hill’s close friends, who says that Hill was the victim of frequent and pernicious sexual harassment by Thomas. The committee has investigated Hill’s claims, but until now, the reticent Hill has been unwilling to come forward publicly and make the charges. (The FBI is conducting an investigation of the charges as well, though the investigation will be inconclusive.) After the story breaks in the press on October 6, committee members persuade her to come forward and lodge formal charges with the committee, thus allowing them to make her allegations public. The committee opens a second round of hearings to determine the accuracy of Hill’s charges. Hill’s testimony before the committee is calm and lethally specific. [Dean, 2007, pp. 146-153]
Testimony - Hill tells the committee: “I am not given to fantasy. This is not something I would have come forward with if I was not absolutely sure of what I was saying.” Hill testifies: “He spoke about acts that he had seen in pornographic films involving such matters as women having sex with animals, and films showing group sex or rape scenes. He talked about pornographic materials depicting individuals with large penises or large breasts involved in various sex acts. On several occasions Thomas told me graphically of his own sexual prowess.” He also “referred to the size of his own penis as being larger than normal” and spoke of the pleasure he had “given to women with oral sex.” Thomas spoke of his fondness for films depicting sex with animals, and of his particular fondness for one actor known as “Long Dong Silver.” Her last encounter with Thomas was in 1983, when, on her last day as an employee at the EEOC, she agreed to go to dinner with him after he “assured me that the dinner was a professional courtesy only.” She adds: “He made a comment I vividly remember.… He said that if I ever told anyone of his behavior, that it would ruin his career.” Judith Resnick, a law professor at the University of Southern California Law Center, says of Hill’s testimony, “You’re seeing a paradigm of a sexual-harassment case.” Asked why she is testifying now after so many years of silence, Hill says: “I have nothing to gain here. This has been disruptive of my life, and I’ve taken a number of personal risks.” She says she has been threatened, though she does not elaborate on the alleged threat. She concludes: “I have not gained anything except knowing that I came forward and did what I felt that I had an obligation to do. That was to tell the truth.” [Time, 10/21/1991] Thomas will vehemently deny the charges (see October 11-12, 1991), and his conservative supporters will smear Hill in the hearings (see October 8-12, 1991).

Entity Tags: Anita Hill, Judith Resnick, Clarence Thomas

Timeline Tags: Civil Liberties

Clarence Thomas defends himself against Anita Hill’s allegations.Clarence Thomas defends himself against Anita Hill’s allegations. [Source: MSNBC]Supreme Court nominee Clarence Thomas (see October 13, 1991) responds to charges of sexual harassment from a former employee, law professor Anita Hill (see October 8, 1991). Thomas denies the charges, calling them a “travesty” and “disgusting,” and says that “this hearing should never occur in America.” [Dean, 2007, pp. 146-153] “This is not American; this is Kafkaesque. It has got to stop. It must stop for the benefit of future nominees and our country. Enough is enough.” [Time, 10/21/1991] He accuses the committee of concocting the story out of whole cloth, and says: “The Supreme Court is not worth it. No job is worth it. I’m not here for that.…This is not an opportunity to talk about difficult matters privately or in a closed environment. This is a circus. It’s a national disgrace. And from my standpoint as a black American, as far as I’m concerned, it is a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to have different ideas, and it is a message that unless you kowtow to an old order, this is what will happen to you. You will be lynched, destroyed, caricatured by a committee of the US Senate rather than hung from a tree.” [Dean, 2007, pp. 146-153] “No job is worth what I’ve been through—no job. No horror in my life has been so debilitating. Confirm me if you want. Don’t confirm me if you are so led.… I will not provide the rope for my own lynching. These are the most intimate parts of my privacy, and they will remain just that, private.” Some observers wonder if Thomas is preparing to withdraw his nomination. But, though he says, “I would have preferred an assassin’s bullet to this kind of living hell,” he insists he would “rather die than withdraw.” [Time, 10/21/1991] While Thomas’s denials, and counter-charges of racism, are powerful, and make a tremendous impression on reporters, there are several fundamental flaws with his statement. The denial was not, as characterized by the press, a spontaneous outpouring of outraged innocence, but a carefully written and rehearsed performance, coached by his Republican handlers. And though he responds dramatically to Hill’s charges, he admits in the hearings that he never actually watched her testimony; his wife watched portions of it and reported back to Thomas. Though he denies Hill’s allegations that he asked her out for dates several times, and initially denies ever having any contact with her outside of work, he admits later in the hearings that he drove her home several times and stayed to discuss politics over “a Coke or a beer.” He admits that on “several instances” he visited her home outside of work entirely. Finally, the evidence gathered by the committee, and by researchers after Thomas’s ascension to the Court, overwhelmingly supports Hill’s allegations. Thomas never presents a shred of evidence to refute her charges. [Time, 10/21/1991; Dean, 2007, pp. 146-153]

Entity Tags: Clarence Thomas, Anita Hill, US Supreme Court

Timeline Tags: Civil Liberties

Clarence Thomas survives the Senate hearings to join the Supreme Court.Clarence Thomas survives the Senate hearings to join the Supreme Court. [Source: PBS]The full Senate votes to confirm Clarence Thomas (see July 2-August 28, 1991, October 8, 1991, and October 11-12, 1991) on a 52-48 vote, the lowest margin of victory by any Supreme Court nominee in US history. It is possible that some senators’ votes are influenced by a wash of “fast-action” polls reported by the White House, purporting to show that African-Americans overwhelmingly support Thomas, and a majority of citizens support Thomas’s confirmation. A year later, analysis proves those polls to be completely wrong. [Thomas Hearings Website, 8/1997; Dean, 2007, pp. 146-153] In 1992, Senator Joseph Biden (D-DE), a member of the Senate Judiciary Committee, will say: “That last hearing was not about Clarence Thomas. It was not about Anita Hill. It was about a massive power struggle going on in this country, a power struggle between women and men, and a power struggle between minoritites and the majority.” [Thomas Hearings Website, 8/1997]

Entity Tags: US Supreme Court, Joseph Biden, Bush administration (41), Clarence Thomas, Senate Judiciary Committee

Timeline Tags: Civil Liberties

Bin Laden’s house in Khartoum, Sudan.Bin Laden’s house in Khartoum, Sudan. [Source: PBS]It has not been revealed when US intelligence begins monitoring bin Laden exactly, though the CIA was tailing him in Sudan by the end of 1991 (see February 1991- July 1992). But in late 1995 the FBI is given forty thick files on bin Laden from the CIA and NSA, mostly communications intercepts (see October 1995). The sheer amount of material suggests the surveillance had been going on for several years. Dan Coleman, an FBI agent working with the CIA’s bin Laden unit, will begin examining these files and finds that many of them are transcripts from wiretapped phones tied to bin Laden’s businesses in Khartoum, Sudan, where bin Laden lives from 1991 to 1996. [Miller, Stone, and Mitchell, 2002, pp. 148-149; Wright, 2006, pp. 242-244] CIA Director George Tenet will later comment, “The then-obscure name ‘Osama bin Laden’ kept cropping up in the intelligence traffic.… [The CIA] spotted bin Laden’s tracts in the early 1990s in connection with funding other terrorist movements. They didn’t know exactly what this Saudi exile living in Sudan was up to, but they knew it was not good.” [Tenet, 2007, pp. 100] The London Times will later report that in Sudan, “bin Laden used an $80,000 satellite phone and al-Qaeda members used radios to avoid being bugged…” [London Times, 10/7/2001] Bin Laden is mistaken in his belief that satellite phones cannot be monitored; a satellite phone he buys in 1996 will be monitored as well (see November 1996-Late August 1998).

Entity Tags: Wadih El-Hage, Osama bin Laden, Dan Coleman, Central Intelligence Agency, Alec Station, Federal Bureau of Investigation, National Security Agency

Timeline Tags: Complete 911 Timeline

David Addington, a personal aide to Defense Secretary Dick Cheney, is forced to take part in Senate confirmation hearings for his appointment as chief counsel for the Defense Department. Addington, a Cheney protege and a fierce advocate for the ever-widening power of the executive branch, has gained a reputation for effective, if arrogant, conflicts with the Pentagon’s uniformed leadership and for tightly controlling what information enters and leaves Cheney’s office. Colonel Lawrence Wilkerson, an aide to Joint Chiefs chairman General Colin Powell, will later characterize Addington as an intense bureaucratic infighter bent on concentrating power in Cheney’s office. “Addington was a nut,” Wilkerson will recall. “That was how everybody summed it up. A brilliant nut perhaps, but a nut nevertheless.” The Senate hearing becomes a platform for Democratic senators to attack Cheney’s anti-Congressional policies (see Early 1991 and March 1992). In his turn, Addington calmly denies that he or Cheney have ever exhibited any intention to defy Congress on any issue. “How many ways are there around evading the will of Congress?” storms Senator Carl Levin (D-MI). “How many different legal theories do you have?” Addington answers, “I do not have any, Senator.” Addington is only confirmed after promising that the Pentagon will restore the independence of military lawyers (see March 1992) and begin funding the V-22 Osprey (see Early 1991). [Savage, 2007, pp. 63]

Entity Tags: David S. Addington, Carl Levin, Lawrence Wilkerson, Colin Powell, US Department of Defense, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

A federal appeals court upholds the dismissal of a lawsuit filed on behalf of 23 Navy sailors killed in the attack on the USS Stark (see May 17, 1987 and After) against a number of defense contractors. A similar lawsuit on behalf of one of the sailors killed in the attack was dismissed a year before (see June 13, 1991). This time the plaintiffs file over 2,500 pages of unclassified documentary evidence supporting their claims that the contractors were negligent in their design and implementation of the weapons systems aboard the Stark. The appeals court finds that regardless of the amount of evidence entered, to allow the trial would be to potentially infringe on the US government’s “state secrets” privilege (see March 9, 1953). “[N]o amount of effort could safeguard the privileged information,” the court rules. The court adds that “classified and unclassified information cannot always be separated, and therefore courts must restrict access not only to classified material, but to “those pieces of evidence” that “press so closely upon highly sensitive material that they create a hgh risk of inadvertent or indirect disclosures.” [Siegel, 2008, pp. 198]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

Nawaf Alhazmi (left), and Khalid Almihdhar (right).Nawaf Alhazmi (left), and Khalid Almihdhar (right). [Source: FBI]Of all the 9/11 hijackers, Nawaf Alhazmi and Khalid Almihdhar have the longest records of involvement with al-Qaeda. CIA Director Tenet calls them al-Qaeda veterans. According to the CIA, Alhazmi first travels to Afghanistan in 1993 as a teenager, then fights in Bosnia with Alhazmi (see 1995). Almihdhar makes his first visit to Afghanistan training camps in 1996, and then fights in Chechnya in 1997. Both swear loyalty to bin Laden around 1998. Alhazmi fights in Afghanistan against the Northern Alliance with his brother, Salem Alhazmi. He fights in Chechnya, probably in 1998. [Observer, 9/23/2001; ABC News, 1/9/2002; US Congress, 6/18/2002; Los Angeles Times, 9/1/2002; US Congress, 7/24/2003, pp. 131 pdf file] He then returns to Saudi Arabia in early 1999 where he shares information about the 1998 US embassy bombings. However it is not clear what information he disclosed to whom or where he obtained this information. [US Congress, 7/24/2003, pp. 131 pdf file] It is possible that some or all of this information came from the NSA, which is intercepting some of Alhazmi’s phone calls at this time (see Early 1999).

Entity Tags: Al-Qaeda, Osama bin Laden, George J. Tenet, Nawaf Alhazmi, Khalid Almihdhar, Northern Alliance, Salem Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mahmud Abouhalima.Mahmud Abouhalima. [Source: Agence France-Presse]Mahmud Abouhalima is arrested for his role in the February 1993 WTC bombing. He meets with US investigators without his lawyer and provides a detailed account of the Al-Kifah Refugee Center, bin Laden’s main support base in the US in the early 1990s. He says that twice he turned to a Texas acquaintance named Wadih El-Hage to buy weapons for his associates. El-Hage, who turns out to be bin Laden’s personal secretary (see September 15, 1998), will later be caught and convicted of bombing the US embassies in Africa in 1998 (see 10:35-10:39 a.m., August 7, 1998). Abouhalima further recounts fighting in Afghanistan with the mujaheddin in the 1980s and tells of travelling to training camps with a Palestinian man named Mohammed Odeh. A Palestinian man with the name Mohammed Saddiq Odeh will later be convicted of a role in the 1998 embassy bombings as well. Abouhalima offers additional inside information about the bomb plot and his associates in exchange for a lighter sentence. But, as the New York Times will later note, prosecutors turn down the offer “for reasons that remain unclear.” Abouhalima is later found guilty and sentenced to life in prison. [New York Times, 10/22/1998]

Entity Tags: Mohammed Saddiq Odeh, Wadih El-Hage, Mahmud Abouhalima

Timeline Tags: Complete 911 Timeline

Essam Marzouk.Essam Marzouk. [Source: FBI]US-al-Qaeda double agent Ali Mohamed is detained by the Royal Canadian Mounted Police (RCMP) in Vancouver, British Columbia, after attempting to pick up a man named Essam Marzouk, who is carrying numerous false passports. The RCMP identifies Mohamed as a top al-Qaeda operative. Mohamed admits to it that he traveled to Vancouver to help Marzouk sneak into the US and admits working closely with Osama bin Laden. [San Francisco Chronicle, 11/4/2001; Globe and Mail, 11/22/2001; Wall Street Journal, 11/26/2001] After many hours of questioning, Mohamed tells the Canadian officials to call John Zent, his handler at the FBI. Zent confirms that Mohamed works for the FBI and asks them to release him. They do. [Lance, 2006, pp. 124] Mohamed is accompanied by fellow al-Qaeda operative Khaled Abu el-Dahab (see 1987-1998), who brings $3,000 sent by bin Laden to pay for Marzouk’s bail. Marzouk had run one of bin Laden’s training camps in Afghanistan and was an active member of the al-Qaeda allied group Islamic Jihad at the time. However, Canadian intelligence apparently is unaware of his past. Marzouk will spend almost a year in detention. But then, again with the help of another visit to Canada by Mohamed, Marzouk will be released and allowed to live in Canada (see June 16, 1993-February 1998). He later will help train the bombers who carry out the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). [Globe and Mail, 11/22/2001; National Post, 11/26/2005] Jack Cloonan, an FBI agent who later investigates Mohamed, will say: “I don’t think you have to be an agent who has worked terrorism all your life to realize something is terribly amiss here. What was the follow up? It just sort of seems like [this incident] dies.” [Lance, 2006, pp. 125]

Entity Tags: Royal Canadian Mounted Police, John Zent, Osama bin Laden, Jack Cloonan, Khaled Abu el-Dahab, Essam Marzouk, Ali Mohamed, Federal Bureau of Investigation, Canadian Security Intelligence Service

Timeline Tags: Complete 911 Timeline

Oussama Ziade.Oussama Ziade. [Source: Beta Consulting]Ptech is founded in 1994 by Oussama Ziade, Hussein Ibrahim, and James Cerrato. Ziade came from Lebanon to study at Harvard University. As the Associated Press will describe it, Ptech’s “idea was to help complicated organizations like the military and large companies create a picture of how their assets—people and technology—work together. Then the software could show how little changes, like combining two departments, might affect the whole.” They raise $20 million to start the company. A number of Ptech employees and investors will later be suspected of having ties to groups that have been designated by the US as terrorist organizations: [CNN, 12/6/2002; Wall Street Journal, 12/6/2002; Associated Press, 1/3/2003]
bullet Yassin al-Qadi, a Saudi multimillionaire. He will invest $5 million of Ptech’s start-up money. The US will declare him an al-Qaeda financier shortly after 9/11 (see October 12, 2001). In 1998, al-Qadi will come under investigation by FBI agent Robert Wright (see October 1998) for potential ties to the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Al-Qadi is also a major investor in BMI Inc., an investment firm with connections to a remarkable number of suspected terrorist financiers (see 1986-October 1999). Al-Qadi later will claims that he sold his investment in Ptech in 1999, but there will be evidence he may continue to hold a financial stake after that year, and even after the US will officially declare him a terrorism financier (see 1999-After October 12, 2001). [Wall Street Journal, 12/6/2002; Washington Post, 12/7/2002; Associated Press, 1/3/2003]
bullet Gamel Ahmed, Ptech’s comptroller in the mid-1990s. One al-Qadi loan Wright will investigate also involves Ahmed. [Associated Press, 1/3/2003]
bullet Hussein Ibrahim, Ptech vice president and chief scientist. He also serves as vice president and then president of BMI from 1989 until 1995. He has no known direct terrorism finance connections, but it has been reported that al-Qadi brought Ibrahim into Ptech as his representative. [Wall Street Journal, 12/6/2002; WBZ 4 (Boston), 12/9/2002; Associated Press, 1/3/2003]
bullet Soliman Biheiri. He is the head of BMI and a member of Ptech’s board. US prosecutors will later call him the US banker for the Muslim Brotherhood, a banned Egyptian militant group. He will later be convicted for lying and immigration fraud (see June 15, 2003). [FrontPage Magazine, 6/17/2005]
bullet Abdurahman Alamoudi. He is one of Ptech’s founders, as well as an investor in BMI. In 2004, the US will sentence him to 23 years in prison for illegal dealings with Libya (see October 15, 2004). [Washington Post, 10/16/2004; FrontPage Magazine, 6/17/2005]
bullet Muhammed Mubayyid and Suheil Laheir. Neither have any known direct ties to terrorism financing. However, both are longtime Ptech employees whom formerly worked for Care International, a Boston-based suspect Islamic charity (not to be confused with a large international charity having the same name). [Wall Street Journal, 12/6/2002] In 2005, Mubayyid will be charged with conspiring to defraud the US and making false statements to the FBI. Care International had previously been the Boston branch of the Al-Kifah Refugee Center (see [a0493kifahboston]]) and a recruitment office for Mektab al Khidmat (MAK), the precursor organization to al-Qaeda (see 1985-1989). Laheir, Ptech’s chief architect, wrote many articles in support of Islamic holy war. He frequently quoted Abdullah Azzam, bin Laden’s mentor. [Associated Press, 5/13/2005; FrontPage Magazine, 6/17/2005]
bullet Yaqub Mirza. He is a Ptech investor and on a Ptech advisory board. He directs SAAR, a multi-million dollar network of companies and charities in Herndon, Virginia (see July 29, 1983). In March 2002, US investigators will raid the SAAR network for suspected terrorism ties (see March 20, 2002). In late 2002, the Wall Street Journal will report, “US officials privately say Mr. Mirza and his associates also have connections to al-Qaeda and to other entities officially listed by the US as sponsors of terrorism.” [Wall Street Journal, 12/6/2002; WBZ 4 (Boston), 12/9/2002; Associated Press, 1/3/2003]
bullet BMI itself directly invests in Ptech. It also gives Ptech a founding loan, and leases Ptech much of its office and computer equipment. [Wall Street Journal, 12/6/2002; Associated Press, 1/3/2003] Ptech president Ziade and other Ptech employees will claim that all of their ties to suspected terrorist financiers are coincidental. By 2002, Ptech will have annual revenues of up to $10 million. [Wall Street Journal, 12/6/2002] Ptech’s potential ties to suspected terrorist financiers will be of particular concern because of its potential access to classified government information (see 1996-1997). [Wall Street Journal, 12/6/2002; Boston Globe, 12/7/2002] Joe Bergantino, a CBS journalist who will be the first to report on Ptech, will say of Ptech in 2002, “The worst-case scenario is that this is a situation where this was planned for a very long time to establish a company in this country and in the computer software business that would target federal agencies and gain access to key government data to essentially help terrorists launch another attack.” [National Public Radio, 12/8/2002]

Entity Tags: Oussama Ziade, Hussein Ibrahim, James Cerrato, Muhammed Mubayyid, Gamel Ahmed, Care International (Boston), Yassin al-Qadi, Al-Qaeda, Yacub Mirza, BMI Inc., Suheil Laheir, Abdurahman Alamoudi, Soliman Biheiri, Ptech Inc.

Timeline Tags: Complete 911 Timeline

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