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Context of 'November 24, 2009: Bush Administration Press Secretary Tells Fox Listeners No Terrorist Attack on US Happened during Bush Presidency'

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Arthur Porth, a Wichita, Kansas, building contractor, files a claim in a Kansas court to recover his income tax payment of $151. Porth argues that the 16th Amendment is unconstitutional because it places the taxpayer in a position of involuntary servitude contrary to the 13th Amendment. The court rules against Porth, but the defeat does not stop him. For 16 years Porth continues battling the income tax requirement, finding new and inventive challenges to the practice. He claims that the 16th Amendment “put[s] Americans into economic bondage to the international bankers,” a claim that the Southern Poverty Law Center will call “a thinly veiled anti-Semitic reference to the supposed ‘international Jewish banking conspiracy.’” He also argues that because paper money is not backed by gold or silver, taxpayers are not obligated to pay their taxes because “Federal Reserve notes are not dollars.” In 1961, Porth files an income tax return that is blank except for a statement declaring that he is pleading the Fifth Amendment, essentially claiming that filling out a tax return violates his right of protection from self-incrimination, a scheme that quickly becomes popular among anti-tax protesters. Porth becomes an activist and garners something of a following among right-wing audiences, traveling around the country distributing tax protest literature that includes a book, A Manual for Those Who Think That They Must Pay an Income Tax. He even issues his own “arrest warrants” against “bureaucrats” whom, in his view, violate the Constitution. In 1967, Porth is convicted of a number of tax evasion charges, but, as the Anti-Defamation League will later write, “he had already become a grass-roots hero to the nascent tax protest movement.” His cause is championed by, among others, William Potter Gale, who will go on to found the racist, anti-government Posse Comitatus movement (see 1969). Gale uses the newsletter of his Ministry of Christ Church, a church espousing the racist and anti-Semitic theology of Christian Identity (see 1960s and After), to promote Porth and the early tax rebellion movement. Porth exhausts his appeals and goes to jail; though sentenced to five years’ imprisonment, he only serves 77 days. One of Porth’s most active followers is his lawyer, Jerome Daly, whose activism eventually leads to his disbarment (see December 9, 1968 and After). Daly meets Porth in 1965 and files his own “protest” tax return just days before Porth is indicted by a grand jury. Daly is also convicted of tax evasion; in 1969, a federal appeals court will issue a ruling invalidating what has by then become known as the “Porth-Daly Fifth Amendment Return.” Porth receives the support of several far-right organizations, many of whom tie their racist views into his anti-tax protests. In a 1967 article for the far-right American Mercury magazine, tax protester and editor Martin A. Larson writes, “The negroes in the United States are increasing at a rate at least twice as great as the rest of the population,” and warns that the tax burden posed by blacks “unquestionably doomed… the American way of life.” Larson will later write regular columns for the white supremacist magazine The Spotlight, in which he will call black women prostitutes whose “offspring run wild in the streets, free to forage their food in garbage cans, and grow up to become permanent reliefers, criminals, rioters, looters, and, in turn, breeders of huge litters of additional human beings belonging to the same category.” He will also write several books promoting Porth’s anti-tax protest strategies. [Southern Poverty Law Center, 12/2001; Anti-Defamation League, 2011]

Entity Tags: William Potter Gale, Arthur Porth, Jerome Daly, Martin A. Larson, Southern Poverty Law Center, US Federal Reserve

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

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 transformative Civil Rights Act of 1964 passes Congress. The law makes it illegal to discriminate on the basis of race, national origin, religion, or gender in voting, public places, the workplace, and schools. Former President John F. Kennedy had argued for new civil rights legislation, saying that previous legislative efforts (see August 29, 1957 and May 6, 1960) did not go far enough. Kennedy waited until 1963 to send his legislation to Congress, and was assassinated before the bill was passed. On June 11, 1963, Kennedy told the public, “The negro baby born in America today, regardless of the section of the nation in which he is born, has about one-half as much chance of completing high school as a white baby born in the same place on the same day; one-third as much chance of completing college; one-third as much chance of becoming a professional man; twice as much chance of becoming unemployed; about one-seventh as much chance of earning $10,000 a year; a life expectancy which is seven years shorter; and the prospects of earning only half as much.” His successor, Lyndon Johnson, a conservative Southern Democrat, surprised many by pushing the bill instead of falling in line with conservative Southern Democrats who opposed it. Johnson and Senate leaders successfully fought back a filibuster by Senator Richard Russell (D-GA) and 17 other segregationist Democratic senators who tried to derail the bill; it passed the Senate on a 73-24 vote. Some believe that the passage of the bill is one of the major legislative acts that drives many Southern Democrats to leave the party for the increasingly conservative venue of the Republican Party. The word “sex,” to prohibit gender-based discrimination, was added to the legislation at the last minute by Representative Howard W. Smith (D-VA), and some accused Smith of inserting the provision as a means to kill the entire bill. Smith argued that he was supportive of efforts by women’s rights organizations, and inserted the language in a sincere effort to curb discrimination against women. Smith is joined by Representative Martha W. Griffiths (D-MI) in keeping the provision in the bill. Perhaps the most significant provision of the bill is the creation of the Equal Employment Opportunity Commission (EEOC), charged with implementing the law. The EEOC will use the practice of “affirmative action” to curb discrimination, including mandating hiring of minorities and women to alleviate many employers’ practice of hiring white males almost exclusively, especially for more senior positions. President Johnson will extend his support to “affirmative action,” and is perhaps the first public figure to use the phrase in addressing the public. [Spartacus Schoolnet, 2008; National Archives, 2012; American Civil Liberties Union, 2012]

Entity Tags: Lyndon B. Johnson, Civil Rights Act of 1964, Equal Employment Opportunity Commission, John F. Kennedy, Martha W. Griffiths, Richard Russell, Jr, Howard W. Smith

Timeline Tags: Civil Liberties

Roger Ailes (left) and Richard Nixon in a 1968 photo.Roger Ailes (left) and Richard Nixon in a 1968 photo. [Source: White House Photo Office / Rolling Stone]Roger Ailes, the media consultant for the Richard Nixon presidential campaign, decides that Nixon should, during a televised town hall, take a staged question from a “good, mean, Wallaceite cab driver.” Ailes is referring to the overtly racist third-party candidacy of Governor George Wallace (D-AL). Ailes suggests “[s]ome guy to sit there and say, ‘Awright, Mac, what about these n_ggers?’” According to Nixonland author Rick Pearlstein, the idea is to have Nixon “abhor the uncivility of the words, while endorsing a ‘moderate’ version of the opinion.” [Pearlstein, 5/2008, pp. 331; Media Matters, 7/22/2011] The suggestion is not used. Ailes will go on to found Fox News (see October 7, 1996).

Entity Tags: Rick Pearlstein, George C. Wallace, Richard M. Nixon, Roger Ailes

Timeline Tags: Nixon and Watergate, Domestic Propaganda, Elections Before 2000

Arizona tax protester Marvin Cooley writes a best-selling book, The Big Bluff, documenting the struggles of his fellow anti-tax protester, W. Vaughn Ellsworth. Cooley, whose gruff tirades against the IRS and the federal government make him popular on the far-right speaking circuit—in 1971, he wrote to the IRS: “I will no longer pay for the destruction of my country, family, and self. Damn tyranny! Damn the Federal Reserve liars and thieves! Damn all pettifogging, oath-breaking US attorneys and judges.… I will see you all in Hell and shed my blood before I will be robbed of one more dollar to finance a national policy of treason, plunder, and corruption”—includes sample letters and copies of his own tax returns in his book. Among Cooley’s adherents is Robert Jay Mathews, who will go on to found the violent neo-Nazi group The Order (see Late September 1983). In 1970, the 17-year-old Mathews, still living with his parents in Phoenix, becomes a sergeant-at-arms for some of Cooley’s meetings. In 1973, Mathews will use Cooley’s income tax theories to fraudulently list 10 dependents on his W-4 tax form, a common protest tactic that winds up with Mathews convicted of tax fraud (see 1973). Cooley, a vocal proponent of tax protester Arthur Porth (see 1951-1967)‘s “Fifth Amendment Return” strategy (refusing to pay taxes on Fifth Amendment grounds) will go to jail for tax evasion in 1973 and again in 1989. [Southern Poverty Law Center, 12/2001; Anti-Defamation League, 2011]

Entity Tags: Marvin Cooley, Arthur Porth, Internal Revenue Service, W. Vaughn Ellsworth, Robert Jay Mathews, US Federal Reserve

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Roger Ailes, a former media consultant to the Nixon administration (see Summer 1970) who proposed a White House-run “news network” that would promote Republican-generated propaganda over what he calls “liberal” news reporting (see Summer 1970), moves on to try the idea in the private venue. Ailes works with a project called Television News Incorporated (TVN), a propaganda venue funded by right-wing beer magnate Joseph Coors. Conservative activist and Coors confidant Paul Weyrich will later call Ailes “the godfather behind the scenes” of TVN. To cloak the “news” outlet’s far-right slant, Ailes coins the slogan “Fair and Balanced” for TVN. In 2011, Rolling Stone reporter Tim Dickinson will write: “TVN made no sense as a business. The… news service was designed to inject a far-right slant into local news broadcasts by providing news clips that stations could use without credit—and for a fraction of the true costs of production. Once the affiliates got hooked on the discounted clips, its president explained, TVN would ‘gradually, subtly, slowly’ inject ‘our philosophy in the news.’ The network was, in the words of a news director who quit in protest, a ‘propaganda machine.’” Within weeks of TVN’s inception, its staff of professional journalists eventually has enough of the overt propaganda of their employer and begin defying management orders; Coors and TVN’s top management fire 16 staffers and bring in Ailes to run the operation. The operation is never successful, but during his tenure at TVN, Ailes begins plotting the development of a right-wing news network very similar in concept to the as-yet-unborn Fox News. TVN plans to invest millions in satellite distribution that would allow it not only to distribute news clips to other broadcasters, but to provide a full newscast with its own anchors and crew (a model soon used by CNN). Dickinson will write, “For Ailes, it was a way to extend the kind of fake news that he was regularly using as a political strategist.” Ailes tells a Washington Post reporter in 1972: “I know certain techniques, such as a press release that looks like a newscast. So you use it because you want your man to win.” Ailes contracts with Ford administration officials to produce propaganda for the federal government, providing news clips and scripts to the US Information Agency. Ailes insists that the relationship is not a conflict of interest. Unfortunately for Ailes and Coors, TVN collapses in 1975. One of its biggest problems is the recalcitrance of its journalists, who continue to resist taking part in what they see as propaganda operations. Ailes biographer Kerwin Swint will later say, “They were losing money and they weren’t able to control their journalists.” In a 2011 article for the online news and commentary magazine Gawker, John Cook will write: “Though it died in 1975, TVN was obviously an early trial run for the powerhouse Fox News would become. The ideas were the same—to route Republican-friendly stories around the gatekeepers at the network news divisions.” Dickinson will write that one of the lessons Ailes learns from TVN, and will employ at Fox, is to hire journalists who put ideological committment ahead of journalistic ethics—journalists who will “toe the line.” [Rolling Stone, 5/25/2011; Gawker, 6/30/2011] Ailes will go on to found Fox News, using the “fair and balanced” slogan to great effect (see October 7, 1996 and 1995).

Entity Tags: Paul Weyrich, John Cook, Fox News, Ford administration, Joseph Coors, Nixon administration, Television News Incorporated, Tim Dickinson, Roger Ailes, United States Information Agency, Kerwin Swint

Timeline Tags: Domestic Propaganda

Financial and insurance consultant Irwin Schiff uses the anti-tax arguments of Arthur Porth (see 1951-1967) and Marvin Cooley (see 1970-1972) to bring the anti-tax protest message to a much more mainstream audience than Porth, whose appeal was largely confined to right-wing and racist audiences. Schiff, who bills himself as “America’s leading untax expert,” will appear on national television for more than 25 years before eventually going to jail for tax evasion. His biggest impact comes with his 1976 book, The Biggest Con: How the Government is Fleecing You. His second book, published six years later, is called How Anyone Can Stop Paying Income Taxes. The Biggest Con earns him $135,000 in royalties over the two years that follow its publication, and $85,000 in royalties for the decade following. In 1978, Schiff is charged for failing to file tax returns, and eventually convicted; he will be convicted of similar charges in 1985 and again in 2005. He tells one judge: “I only received federal reserve units, not dollars. I received no lawful money upon which a tax can be collected.” The US government says Schiff owes over $2.6 million in back taxes, interest, and penalties. [Southern Poverty Law Center, 12/2001; Tax Protester Dossiers, 10/23/2010] In 1996, Schiff will be a candidate for the Libertarian Party’s nomination for president. [C-SPAN, 7/5/1996]

Entity Tags: Libertarian Party, Arthur Porth, Irwin Schiff, Marvin Cooley

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Former lawyers Jerome Daly and William Drexler, disbarred for their actions as anti-tax protesters in Minnesota (see December 9, 1968 and After), are sentenced to lengthy prison terms for founding and marketing fake churches (the Basic Bible Church and the Life Science Church) for the purpose of allowing people to avoid paying income taxes. Daly and Drexler are proponents of the popular “Fifth Amendment Return” that features citizens refusing to pay federal income taxes on Fifth Amendment grounds (see 1951-1967) and the idea that Federal Reserve paper notes are not legitimate currency because they cannot be redeemed “in specie”—a citizen cannot go to a bank and redeem a paper note for the note’s value in gold or silver. [Anti-Defamation League, 2011]

Entity Tags: William Drexler, Basic Bible Church, Life Science Church, Jerome Daly

Timeline Tags: US Domestic Terrorism

KochPAC logo.KochPAC logo. [Source: KochPAC (.com)]After their stinging loss during the November 1980 presidential campaign, the billionaire Koch brothers, Charles and David, decide that they need to work to inculcate their brand of hard-right libertarianism into the electorate through indirect means (see 1979-1980). Therefore, they begin spending vast amounts of their personal fortunes on what purport to be independent think tanks and other political or ideological organizations. At the same time, the brothers become political recluses, rarely speaking in public and rarely acknowledging the breadth or the direction of their donations. It is hard to know exactly how much the Kochs spend and where they spend it, though public records give some of the picture. Between 1998 and 2008, Charles Koch’s foundation spends over $48 million on political funding. The Claude R. Lambe Charitable Foundation, controlled by Charles and his wife, spends over $28 million. David Koch’s foundation spends over $120 million. Koch Industries, controlled primarily by Charles, spends over $50 million on lobbying efforts. Their political action committee, KochPAC, donates around $8 million, almost all of it going to Republicans. In 2010, as in other years, Koch Industries leads all other energy companies in political donations. The brothers spend over $2 million of their personal fortunes on political donations, almost all of it going to Republicans. Ari Rabin-Havt of the progressive media watchdog organization Media Matters will say that the Kochs’ effort is unusual in its marshalling of corporate and personal funds: “Their role, in terms of financial commitments, is staggering.” Lee Fang, writing for the liberal blog ThinkProgress (an arm of the Center for American Progress), calls the Kochs “the billionaires behind the hate.” Some believe that the Kochs have either skirted, or outright broken, laws controlling tax-exempt giving. Charitable foundations must conduct exclusively nonpartisan activities that promote the public welfare. But in 2004, a report by the National Committee for Responsive Philanthropy, a watchdog group, describes the Kochs’ foundations as being self-serving, and concludes, “These foundations give money to nonprofit organizations that do research and advocacy on issues that impact the profit margin of Koch Industries.” The Kochs also use their charitable foundations to fund hard-right political organizations that, according to reporter Jane Mayer, “aim to push the country in a libertarian direction,” including: the Institute for Justice, which files lawsuits opposing state and federal regulations; the Institute for Humane Studies, which underwrites libertarian academics; and the Bill of Rights Institute, which promotes a conservative interpretation of the Constitution. David Koch acknowledges that the family exerts tight ideological control. “If we’re going to give a lot of money, we’ll make darn sure they spend it in a way that goes along with our intent,” he tells a reporter. “And if they make a wrong turn and start doing things we don’t agree with, we withdraw funding.” [New Yorker, 8/30/2010]

Entity Tags: Institute for Justice, Charles Koch, Bill of Rights Institute, Ari Rabin-Havt, Claude R. Lambe Charitable Foundation, Institute for Humane Studies, Koch Industries, National Committee for Responsive Philanthropy, Jane Mayer, David Koch, Lee Fang, KochPAC

Timeline Tags: Domestic Propaganda

An undated photo of LeRoy Schweitzer.An undated photo of LeRoy Schweitzer. [Source: WorldNews]LeRoy Schweitzer, a crop duster in Montana and Idaho, becomes increasingly frustrated and resentful at what he considers interference by the government. Beginning in the mid-1980s, Schweitzer moves toward becoming an anti-government tax resister. He becomes fascinated by the legal ideology of the Posse Comitatus (see 1969), attends numerous Posse meetings, and has some contacts with members of The Order (see Late September 1983). Schweitzer, well-liked by his neighbors and friends, begins to worry them with his increasing extremism. He helps a friend, Bernard Kuennan, mount a legal defense against charges of letting his dog roam unvaccinated, and the two hammer the judge with questions about the differences between “admiralty” and “common law” (see Fall 2010). He defies police officers who stop him for traffic violations. He moves to Montana, where he refuses to get a license to fly his Cessna crop duster, resulting in federal arrest warrants. His refusal to pay federal taxes causes the IRS to seize his plane in November 1992, his Bozeman, Montana home, and other equipment, and sell it all to pay his $389,000 delinquent tax bill, dating back to the 1970s. Thoroughly radicalized, Schweitzer meets Rodney Owen Skurdal, another legal manipulator. Skurdal is an ex-Marine and Posse Comitatus advocate who, during litigation of a worker’s compensation suit in the 1980s, tells the judge that the federal government lacks the authority to print paper money and demands, fruitlessly, to be paid his compensation in gold bullion. One Wyoming newspaper claims that Skurdal’s extremism begins after he suffers a fractured skull in 1983, the source of the compensation claim; Skurdal’s former wife says after the injury that Skurdal refuses to use a Social Security number or driver’s license. Skurdal, like many in the Posse, is an adherent to the virulently racist Christian Identity belief system (see 1960s and After), and in court filings claims non-whites are “beasts,” and Jews “the children of Satan.” Skurdal routinely intertwines Identity, Posse Comitatus, Biblical, and Uniform Commercial Code (UCC) tenets in his court filings (see 1994). In 1993, the IRS seizes his farm near Roundup, Montana, for back taxes; Skurdal continues to occupy the farm and no local official dares to evict him. In late 1994, Skurdal invites Schweitzer to move in with him; they are joined by Daniel Petersen in early 1995. The three become the nucleus of what will become the Montana Freemen. Skurdal’s farm becomes a headquarters for the nascent organization, with computers, fax machines, laser printers, and satellite dishes going round the clock. The inhabitants post a sign on the edge of the property, reading: “Do Not Enter Private Land of the Sovereign.… The right of Personal Liberty is one of the fundamental rights guaranteed to every citizen, and any unlawful interference with it may be resisted.” Local authorities want to curb the group, but do not want to risk violence and bloodshed. Musselshell County Sheriff G. Paul Smith says: “These people want to be martyrs. I don’t know how far they are willing to carry that.” Moreover, Smith and his small sheriff’s department are outnammed and outgunned. [Mark Pitcavage, 5/6/1996]

Entity Tags: The Order, Bernard Kuennan, Daniel Petersen, Posse Comitatus, G. Paul Smith, Montana Freemen, LeRoy Schweitzer, Rodney Owen Skurdal

Timeline Tags: US Domestic Terrorism

The cover of the first volume of ‘The Law that Never Was.’The cover of the first volume of ‘The Law that Never Was.’ [Source: Radaris (.com) / Amazon (.com)]Two anti-tax protesters, William “Bill” Benson and Martin J. “Red” Beckman, publish a two-volume book, The Law that Never Was, that argues the 16th Amendment, the constitutional amendment giving the federal government the authority to levy income taxes, is null and void (see 1951-1967, 1970-1972, 1976-1978, and Early 1980s). The arguments in the book include the idea that because the amendment was ratified by different states with small differences in capitalization and punctuation, it was never properly ratified, as well as the argument that since Ohio was not yet a state when it ratified the amendment, Ohio’s ratification of the amendment renders it null. The authors include other arguments—the Internal Revenue Code is not “positive law”; the Internal Revenue Service is not a legitimate government agency; wages do not qualify as “taxable income”; “sovereign citizens” are exempt from income tax—all of which will be declared worthless and frivolous by various state and federal courts. The Anti-Defamation League will write that the arguments advanced by Benson and Beckman “are used again and again by tax protesters.… When a tax protest argument fails in court, the response among tax protesters is typically not to conclude that the argument was erroneous but rather to assume that the judge was wrong, corrupt, or deliberately misinterpreting the law.” Benson is a former investigator for the Illinois Internal Revenue Service, while Beckman is a virulent anti-Semite who accuses Jews of worshiping Satan and says the Holocaust was God’s “judgment upon a people who believe Satan is their god.” In 1991, Benson will be convicted of tax fraud and tax evasion, and will be sued by the US government to stop him from promoting an “abusive tax shelter” by selling what he calls a “Reliance Defense Package” while doing business as “Constitutional Research Associates.” In 2007, a federal court will find that his Reliance Defense Package “contained false or fraudulent information concerning tax advice,” and will note that a circuit court “explicitly rejected Benson’s arguments that the Sixteenth Amendment was not properly ratified.” Benson’s work will frequently be cited by tax protesters, many of whom will be fined or convicted for relying on his claims. [Southern Poverty Law Center, 12/2001; Tax Protester Dossiers, 11/30/2009; Anti-Defamation League, 2011]

Entity Tags: William (“Bill”) Benson, Constitutional Research Associates, Anti-Defamation League, Internal Revenue Service, Martin J. (“Red”) Beckman

Timeline Tags: US Domestic Terrorism

Dan Rather interviews Vice President Bush, watching him on a monitor. Neither Rather nor the CBS viewers can see Bush’s consultant Roger Ailes off-camera.Dan Rather interviews Vice President Bush, watching him on a monitor. Neither Rather nor the CBS viewers can see Bush’s consultant Roger Ailes off-camera. [Source: Media Research Center]Roger Ailes, a former media consultant to the Nixon administration (see Summer 1970), comes up with a bold plan to help his new client, Vice President George H.W. Bush, who is running for president. Bush is neck-deep in the Iran-Contra scandal (see Before July 28, 1986, August 6, 1987, and December 25, 1992) and, as reporter Tim Dickinson will later write, comes across as “effete” in comparison to his predecessor Ronald Reagan. Ailes decides to use an interview with combative CBS News reporter Dan Rather to bolster his client’s image. Ailes insists that the interview be done live, instead of in the usual format of being recorded and then edited for broadcast. Dickinson will later write, “That not only gave the confrontation the air of a prizefight—it enabled Ailes himself to sit just off-camera in Bush’s office, prompting his candidate with cue cards.” Rather is in the CBS studio in New York and has no idea Ailes is coaching Bush. As planned, Bush begins the interview aggressively, falsely accusing Rather of misleading him by focusing the interview on Iran-Contra. (It is true that CBS had not informed the Bush team that it would air a report on the Iran-Contra investigation as a lead-in to the Bush interview, a scheduling that some in the Bush team see as a “bait-and-switch.”) When Rather begins to press Bush, Ailes flashes a cue card: “walked off the air.” This is a set piece that Bush and Ailes have worked out beforehand, based on an embarrassing incident in Rather’s recent past, when Rather angrily walked off the CBS set after learning that his newscast had been pre-empted by a women’s tennis match. Clenching his fist, Ailes mouths at Bush: “Go! Go! Just kick his ass!” Bush fires his rejoinder: “It’s not fair to judge my whole career by a rehash on Iran. How would you like it if I judged your career by those seven minutes when you walked off the set?” In their 1989 book The Acting President: Ronald Reagan and the Supporting Players Who Helped Him Create the Illusion That Held America Spellbound, CBS host Bob Schieffer and co-author Gary Paul Gates will write: “What people in the bureau and viewers at home could not see was that the response had not been entirely spontaneous. As the interview progressed, the crafty Ailes had stationed himself beside the camera. If Bush seemed to be struggling for a response, Ailes would write out a key word in huge letters on his yellow legal pad and hold it just beneath the camera in Bush’s line of vision. Just before Bush had shouted that it was not fair to judge his career on Iran, Ailes had written out on his legal pad the words.… Three times during the interview, Bush’s answer had come after Ailes had prompted him with key words or phrases scribbled on the legal pad.” Dickinson will later write: “It was the mother of all false equivalencies: the fleeting petulance of a news anchor pitted against the high crimes of a sitting vice president. But it worked as TV.” Ailes’s colleague Roger Stone, who worked with Ailes on the 1968 Nixon campaign, will later say of the interview: “That bite of Bush telling Rather off played over and over and over again. It was a perfect example of [Ailes] understanding the news cycle, the dynamics of the situation, and the power of television.” [Associated Press, 7/6/1989; NewsBusters, 1/25/2008; Rolling Stone, 5/25/2011] After the interview is concluded, Bush leaps to his feet and, with the microphone still live, says: “The b_stard didn’t lay a glove on me.… Tell your g_ddamned network that if they want to talk to me to raise their hands at a press conference. No more Mr. Inside stuff after that.” The unexpected aggression from Bush helps solidify his standing with hardline Republicans. The interview gives more “proof” to those same hardliners that the media is hopelessly liberal, “their” candidates cannot expect to be treated fairly, and that the only way for them to “survive” encounters with mainstream media figures is through aggression and intimidation. [Salon, 1/26/2011] Conservative commentator Rich Noyes will write in 2008 that Bush’s jab at Rather exposed the reporter’s “liberal bias,” though he will fail to inform his readers of Ailes’s off-camera coaching. [NewsBusters, 1/25/2008]

Entity Tags: Rich Noyes, CBS News, Bob Schieffer, Dan Rather, George Herbert Walker Bush, Tim Dickinson, Gary Paul Gates, Roger Stone, Roger Ailes, Ronald Reagan

Timeline Tags: Domestic Propaganda, Elections Before 2000

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

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

Timeline Tags: Domestic Propaganda, Elections Before 2000

Unofficial Americans with Disabilities Act logo.Unofficial Americans with Disabilities Act logo. [Source: Broward County, Florida]President Bush signs the Americans with Disabilities Act (ADA) into law. The ADA, according to the Equal Employment Opportunity Commission’s description, “prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees… and its implementing rules.” The law requires that election workers and polling sites provide a range of services to ensure that people with disabilities can vote. [US Equal Employment Opportunity Commission, 9/9/2008; American Civil Liberties Union, 2012]

Entity Tags: George Herbert Walker Bush, Americans with Disabilities Act of 1990

Timeline Tags: Civil Liberties

A Web graphic opposing the ‘New World Order.’A Web graphic opposing the ‘New World Order.’ [Source: Human Symbiose (.org)]In a speech discussing the post-Cold War world, President Bush outlines his vision of a “New World Order.” Bush says: “We stand today at a unique and extraordinary moment. The crisis in the Persian Gulf, as grave as it is, also offers a rare opportunity to move toward an historic period of cooperation. Out of these troubled times, our fifth objective—a new world order—can emerge: a new era—freer from the threat of terror, stronger in the pursuit of justice, and more secure in the quest for peace.” The Southern Poverty Law Center will later write that many people, particularly white supremacists and separatists, take Bush’s phrase “as a slip of the tongue revealing secret plans to create a one-world government.” [Sweet Liberty, 9/11/1990; Southern Poverty Law Center, 6/2001] In 1995, Michigan gun dealer and right-wing activist Frank Kieltyka will describe the “New World Order” to a Buffalo News reporter. According to Kieltyka, the “New World Order” is backed by the US government and led by, among other organizations, the Trilateral Commission and the Council on Foreign Relations (CFR). “We’re moving towards the Communists,” Kieltyka will warn. The belief in this “New World Order” will be emphasized in coming years in the militia movements and by right-wing publications such as The Spotlight, an openly racist, anti-government newsletter. [Stickney, 1996, pp. 157-158]

Entity Tags: Trilateral Commission, George Herbert Walker Bush, Frank Kieltyka, Council on Foreign Relations, Southern Poverty Law Center, The Spotlight

Timeline Tags: US Domestic Terrorism

Former Assistant Secretary of State Elliott Abrams, facing multiple counts of lying under oath to Congress about, among other things, his knowledge of the US government’s involvement in the resupply operation to the Nicaraguan Contras (see October 10-15, 1986), his knowledge of the role played by former CIA agent Felix Rodriguez in the resupply (see December 17, 1986), and his knowledge of third-party funding of the Nicaraguan Contras (see November 25, 1986), agrees to plead guilty to two misdemeanor charges of withholding evidence from Congress. Abrams agrees to the plea after being confronted with reams of evidence about his duplicity by investigators for special prosecutor Lawrence Walsh as well as from testimony elicited during the House-Senate investigation of 1987 (see July 7-10, 1987) and the guilty plea and subsequent testimony of former CIA agent Alan Fiers (see July 17, 1991). Abrams pleads guilty to two counts of withholding information from Congress, to unlawfully withholding information from the Senate Foreign Relations Committee and the House Intelligence Committee, and admits lying when he claimed that he knew nothing of former National Security Council official Oliver North’s illegal diversion of government funds to the Contras (see December 6, 1985, April 4, 1986, and November 25-28, 1986). Abrams says that he lied because he believed “that disclosure of Lt. Col. [Oliver] North’s activities in the resupply of the Contras would jeopardize final enactment” of a $100 million appropriation pending in Congress at the time of his testimony, a request that was narrowly defeated (see March 1986). Abrams also admits to soliciting $10 million in aid for the Contras from the Sultan of Brunei (see June 11, 1986). [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993]

Entity Tags: Elliott Abrams, Alan Fiers, Contras, Felix Rodriguez, House Intelligence Committee, Senate Foreign Relations Committee, Lawrence E. Walsh

Timeline Tags: Iran-Contra Affair

Marian Rippy.Marian Rippy. [Source: Cornell University]Salon will later call USAMRIID, the US Army’s top bioweapons laboratory at Fort Detrick, Maryland, a “disaster area” in the early 1990s. Government documents “paint a chaotic picture of a poorly managed lab.” One problem is that after the Persian Gulf War ended in early 1991, USAMRIID phases out some projects that are no longer deemed important, but certain scientists refuse to quit doing their research. As a result, some scientists would sneak in after hours and/or on weekends to secretly continue their work.
Racial Harassment - In addition, there is considerable racial harassment between some scientists. A group of about six scientists form a group called the Camel Club and focus their anger on three Arab-American scientists, especially one named Ayaad Assaad. In December 2001, one member of the Camel Club, Philip Zack, is forced to leave USAMRIID after complaints about his behavior. Zack had been researching the simian immunodeficiency virus (SIV), and he continues to sneak back into USAMRIID to secretly continue his research. Other scientists let him in, while documents go missing and specimens are deliberately mislabeled in an attempt to hide unsanctioned work.
Anthrax, Ebola Go Missing - Worst of all, it appears some dangerous chemicals are taken out of USAMRIID, including anthrax. Lt. Col. Michael Langford takes over as head of USAMRIID’s experimental pathology division in February 1992, and an investigation into the problems there quickly begins. Langford notices that some scientists are using old specimens of anthrax to cover up unauthorized experiments with newer anthrax specimens. Some of the work being done after hours involves anthrax. Langford has particular troubles with Marian Rippy, another member of the Camel Club who is married but having an affair with Zack. In January 1992, a surveillance camera records Zack being let after hours by Rippy. She leaves shortly after Langford takes over. Around this time, the lab loses track of a total of 27 specimens, including anthrax and Ebola. Some scientists believe that some of the specimens could have still been viable after disappearing. The Ames strain of anthrax later used in the 2001 anthrax attacks (see October 5-November 21, 2001) is heavily used at USAMRIID, but it is unknown if any of the anthrax that is lost is of the Ames strain. After the 1992 investigation, some problems will continue. Two scientists who leave USAMRIID in 1997 will say that controls were still so lax when they left that it would not have been difficult for an employee to smuggle out biological specimens. [Hartford Courant, 1/20/2002; Salon, 1/26/2002]
Connection to Patsy Mooted - Shortly before the 2001 anthrax attacks become publicly known, the FBI will receive an anonymous letter saying that Assaad could launch a biological attack on the US (see September 26, 2001 and October 3, 2001). This will motivate some to speculate Assaad was set up as a patsy, possibly by his old enemies linked to the Camel Club. Speculation will particularly focus on Zack due to his unauthorized lab work after he stopped working there. Some will suspect a religious angle, guessing from his name that Zack was Jewish and hated Assaad, a Muslim. However, Zack’s wedding announcement says he was Catholic, and Assaad is Coptic Christian (see October 3, 2001). [Associated Press, 8/13/2008]

Entity Tags: Camel Club, Ayaad Assaad, Philip Zack, Marian Rippy, United States Army Medical Research Institute of Infectious Diseases, Michael Langford

Timeline Tags: 2001 Anthrax Attacks

Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb.Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb. [Source: National Geographic]Eight people are arrested, foiling a plot to bomb several New York City landmarks. The targets were the United Nations building, 26 Federal Plaza, and the Lincoln and Holland tunnels. This is known as the “Landmarks” or “Day of Terror” plot. The plotters are connected to Ramzi Yousef and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. If the bombing, planned for later in the year, had been successful, thousands would have died. An FBI informant named Emad Salem had infiltrated the group, gathering information that leads to arrests of the plotters (see April 23, 1993). [US Congress, 7/24/2003] Abdul-Rahman will eventually be sentenced to life in prison for a role in the plot. Nine others will be given long prison terms, including Ibrahim El-Gabrowny and Clement Rodney Hampton-El. [New York Times, 1/18/1996] Siddig Siddig Ali, who was possibly the main force behind the plot (see April 23, 1993), will eventually be sentenced to only 11 years in prison because he agreed to provide evidence on the other suspects [New York Times, 10/16/1999]

Entity Tags: Ramzi Yousef, Siddig Siddig Ali, Ibrahim El-Gabrowny, Clement Rodney Hampton-El, Emad Salem, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

Rodney Skurdal, a leader of the “Montana Freemen” movement (see 1993-1994), files a 20-page treatise with a Montana court that claims the Freemen are the descendents of the true Anglo-Saxon “chosen people,” and that the land occupied by the United States was promised to them by God. Skurdal, who signs the document “the honorable Justice Rodney O. Skurdal,” writes: “In reading the Bible, one must understand that there are ‘two seed lines’ within Genesis. It is the colored people, and the Jews, who are the descendants of Cain… when We move into a new land, We are to kill the inhabitants of all the other races… nor are We to allow the other races to rule over us.” Skurdal writes extensively of the Freemen’s opposition to governmental rule of any sort, justifying it by referencing his interpretation of Biblical teachings: “We, Israel, must obey God only; not man-made laws by our purported Congress and state legislators and/or the United Nations, under the purported ‘new world order’ i.e., ‘Satan’s laws.’” Skurdal adds that taxes, marriage licenses, driver’s licenses, insurance, electrical inspections, and building permits are all instruments of Satan’s law. He writes that the “land of milk and honey” bequeathed by God to whites is actually the territory now considered the United States, and notes, “If we the white race are God’s chosen people… why are we paying taxes on ‘His land.’” Michael Barkun, a Syracuse University professor and expert on radical Christian ideologies, will call Skurdal’s treatise “pure Christian Identity” (see 1960s and After). This theological claim to land, Barkun will say, goes further than a lot of other Identity adherents do. “What’s unusual here is that this isn’t simply a kind of collective granting of a piece of soil by God to his people, but it’s a kind of literal granting of ownership and control: Because we are his people and this is his land, no one can tell us what to do with it,” Barkun will observe. [Washington Post, 4/9/1996; Chicago Tribune, 4/19/1996] Skurdal has come to the notice of Montana legal authorities before. At one point he had legal actions going simultaneously in every one of Montana’s 56 counties. He has succeeded in getting to the Montana Supreme Court three times over traffic tickets. When the state judiciary ruled that Skurdal’s legal filings were frivolous and could not be accepted without being signed by a lawyer, Skurdal merely mailed his writs and documents to out-of-state agencies, which, assuming the documents were misdelivered, returned them to Montana authorities, where they were filed. After four years of dealing with Skurdal’s legal court cases, Musselshell County Attorney Vicki Knudsen quit her job. One of Skurdal’s filings was a “Citizens Declaration of War” which claimed foreign agents were surreptitiously infesting “the country of Montana.” Another accused county officials of attempting to help institute a New World Order (see September 11, 1990). “Once a court accepts one of these asinine Freemen things,” Knudsen later says, “it’s in the system. Everybody named in it becomes involved [and] has to respond. It’s not funny. It’s not romantic. It’s scary.” Knudsen is referring to the threats issued by Skurdal and his fellow Freemen towards herself and other county officials over their filings. [Mark Pitcavage, 5/6/1996]

Entity Tags: Montana Supreme Court, Michael Barkun, Montana Freemen, Vicki Knudsen, Rodney Owen Skurdal

Timeline Tags: US Domestic Terrorism

An ad for Fox News by the news organization’s parent company, News Corporation.An ad for Fox News by the news organization’s parent company, News Corporation. [Source: Huffington Post]Fox News registers the slogan “fair and balanced” as a trademark for its news and opinion broadcasts. In 2008, authors Kathleen Hall Jamieson and Joseph N. Cappella will note that conservative-slanted Fox News (see October 7, 1996 and December 20, 2004) lives up, in a sense, to its promise of “fair and balanced” news and opinion by “simply inviting liberal guests—not by ensuring that their ideas will receive compatible time.” They will note, “The notion of different amounts of access is important, because we know that in highly controlled settings, mere exposure to signs and symbols produces a preference for them.” Fox disproportionately exposes its audience to conservative messages and arguments more than moderate or liberal ones. As a result, the authors observe, “[a]n audience that gravitates primarily to conservative sources whose message is consistent and repetitive is more susceptible to alternate points of view in approximately equal amounts.” The authors will continue, “Fox’s claim that Fox is unbiased because it is ‘fair and balanced’ is made with a wink and a nod.” They will quote conservative editorialist Robert Bartley of the Wall Street Journal (see January 20, 2003) and conservative financier Richard Viguerie (see July 2004) to bolster their argument. [CBS News, 8/12/2003; Jamieson and Cappella, 2008, pp. 49]

Entity Tags: Kathleen Hall Jamieson, Fox News, Joseph N. Cappella

Timeline Tags: Domestic Propaganda

One of Ramzi Yousef’s timers seized by Philippines police in January 1995.One of Ramzi Yousef’s timers seized by Philippines police in January 1995. [Source: Peter Lance]Responding to an apartment fire, Philippine investigators uncover an al-Qaeda plot to assassinate the Pope that is scheduled to take place when he visits the Philippines one week later. While investigating that scheme, they also uncover Operation Bojinka, planned by the same people: 1993 WTC bomber Ramzi Yousef and 9/11 mastermind Khalid Shaikh Mohammed (KSM). [Independent, 6/6/2002; Los Angeles Times, 6/24/2002; Los Angeles Times, 9/1/2002] Many initial reports after 9/11 will claim the fire was accidental and the police discovery of it was a lucky break, but in 2002 the Los Angeles Times will report that the police started the fire on purpose as an excuse to look around the apartment. In the course of investigating the fire, one of the main plotters, Abdul Hakim Murad, is arrested. [Los Angeles Times, 9/1/2002] The plot has two main components. On January 12, Pope John Paul II is scheduled to visit Manila and stay for five days. A series of bombs along his parade route would be detonated by remote control, killing thousands, including the Pope. Yousef’s apartment is only 500 feet from the residence where the Pope will be staying. [Reeve, 1999, pp. 78; Lance, 2006, pp. 138] Then, starting January 21, a series of bombs would be placed on airplanes. [Insight, 5/27/2002] Five men, Yousef, Wali Khan Amin Shah, Abdul Hakim Murad, Abd al-Karim Yousef (a.k.a., Adel Anon, Yousef’s twin brother), and Khalid Al-Shaikh (thought to be an alias for KSM) would depart to different Asian cities and place a timed bomb on board during the first leg of passenger planes traveling to Los Angeles, San Francisco, Honolulu, and New York. They would then transfer to another flight and place a second bomb on board that flight. In all, 11 to 12 planes would blow up in a two day period over the Pacific. If successful, some 4,000 people would have been killed. [Agence France-Presse, 12/8/2001; Insight, 5/27/2002; Contemporary Southeast Asia, 12/1/2002] According to another account, some of the bombs would be timed to go off weeks or even months later. Presumably worldwide air travel could be interrupted for months. [Lance, 2003, pp. 260-61] A second wave of attacks involving crashing airplanes into buildings in the US would go forward later, once the pilots are trained for it (see February-Early May 1995).

Entity Tags: Abd al-Karim Yousef, Khalid Shaikh Mohammed, Ramzi Yousef, Wali Khan Amin Shah, Operation Bojinka, Al-Qaeda, Abdul Hakim Murad

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Around 2,000 people gather in Meadville, Pennsylvania, to hear Mark Koemke, a member of the Michigan Militia (see April 1994), discuss steps he believes Americans should take to defend themselves against the “New World Order” (see September 11, 1990). [Southern Poverty Law Center, 6/2001]

Entity Tags: Michigan Militia, Mark Koemke

Timeline Tags: US Domestic Terrorism

The CIA’s Counter Terrorism Center creates a special unit focusing specifically on bin Laden. It is informally called Alec Station. About 10 to 15 individuals are assigned to the unit initially. This grows to about 35 to 40 by 9/11. [US Congress, 9/18/2002] The unit is set up “largely because of evidence linking [bin Laden] to the 1993 bombing of the WTC.” [Washington Post, 10/3/2001] Newsweek will comment after 9/11, “With the Cold War over, the Mafia in retreat, and the drug war unwinnable, the CIA and FBI were eager to have a new foe to fight.… Historical rivals, the spies and G-men were finally learning to work together. But they didn’t necessarily share secrets with the alphabet soup of other enforcement and intelligence agencies, like Customs and the Immigration and Naturalization Service, and they remained aloof from the Pentagon. And no amount of good will or money could bridge a fundamental divide between intelligence and law enforcement. Spies prefer to watch and wait; cops want to get their man.” [Newsweek, 10/1/2001] Michael Scheuer will lead the unit until 1999. He will later become a vocal critic of the US government’s efforts to combat terrorism. He later recalls that while bin Laden is mostly thought of merely as a terrorist financier at this time, “we had run across bin Laden in a lot of different places, not personally but in terms of his influence, either through rhetoric, through audiotapes, through passports, through money-he seemed to turn up everywhere. So when we [created the unit], the first responsibility was to find out if he was a threat.” [Vanity Fair, 11/2004] By the start of 1997, the unit will conclude bin Laden is a serious threat (see Early 1997).

Entity Tags: Osama bin Laden, Michael Scheuer, Alec Station, Al-Qaeda, Counterterrorist Center

Timeline Tags: Complete 911 Timeline

Charles Duke.Charles Duke. [Source: Crooks and Liars]At the FBI’s request, Colorado Republican State Senator Charles Duke, a respected figure in militia circles, arrives in Jordan, Montana, to negotiate with the besieged Montana Freemen (see March 25, 1996). Duke and FBI negotiators spend six days in fruitless negotiations culminating in an argument between Duke and Freemen leader Rodney Skurdal. Duke says only half of those in the compound are real Freemen, with the rest “nothing but criminals trying to escape prosecution.” The Freemen promise to allow Duke and an FBI team to interview everyone in the compound, and to release two young girls among their number, but fail to deliver on either promise. [Chicago Tribune`, 5/24/1996; Billings Gazette, 3/25/2006] Gloria Ward and her two daughters, aged 8 and 10, appear at one negotiating session with their luggage packed as if readying to leave, but instead of exiting the compound, they go back inside when the talks end. [Reuters, 5/20/1996]
Talks End in Angry Shouts; No Support from Militias - Duke is blazingly angry at the Freemen’s refusal to honor their promises. As Skurdal climbs into an automobile to go back to the ranch house, he shouts, “You aren’t enough of a man to come face me, get out of that car!” Afterwards, Duke says: “I told him, ‘I’m going to go out of here and I’m going to tell the American people what you’re doing here. You will not get support from the patriot community, you will not get support from the militia community, and if you die, nobody’s going to avenge you.’” Many in the militia community have similar feelings as Duke’s. Montana Militia leader Randy Trochmann says: “People in contact with them understand now that what they were doing was fraud. With the public, a good percentage of them want the FBI just to leave, put a berm around the house, and let the state police patrol it. And another percentage just want them [the FBI] to go in and finish them off.” [Los Angeles Times, 6/5/1996] Duke adds: “The FBI has now pursued each and every avenue to a peaceful solution. If it should come to a less than peaceful solution, I can tell you for sure the FBI has bent over backwards to avoid it.… One can only conclude the adults inside care only for their safety and care not one whit for the safety of their children, because they’re willing to sacrifice them and use them as a shield (see May 1, 1996). I think it’s unconscionable.” After Duke leaves, the Freemen begin rotating armed foot patrols, something they have not yet done during the duration of the standoff. [Associated Press, 5/21/1996] After leaving the Freemen ranch, Duke says he sees little hope of resolving the standoff by peaceful means. “I realized this is going nowhere,” he says. It is time for the FBI to make the Freemen “feel some pain.” [Chicago Tribune`, 5/24/1996] “This is not a battle for the militias,” Duke later adds. “The Freemen are using the Constitution as a facade to prevent their incarceration for illegal activity.” Militia leader James “Bo” Gritz, who himself attempted to negotiate an end to the standoff (see May 1, 1996), says the standoff is not a cause for any militia groups or their supporters. “There isn’t anyone in the legitimate patriot movement who doesn’t want to see the Freemen out and before the bar of justice,” he says. “The FBI are wrong in their fears.” Gritz is referring to fears that if the FBI moves on the Freemen, the right-wing militia groups will condemn the bureau for its actions, and perhaps launch counterattacks. [New York Times, 5/24/1996]
Fear of Cancer, 'No Brains' Drugs - At least one of the Freemen expresses his fear of being injected with cancer cells and “no brains” drugs if he were to go to jail, and several of the Freemen say they are ready to shoot it out with the FBI. The information comes from audiotapes Duke makes of his conversations with the Freemen; he will publicly air some of the tapes on the June 17, 1996 broadcast of Dateline NBC. Freeman Edwin Clark says: “When [LeRoy Schweitzer, the Freeman in federal custody] went to Missouri (see March 30-31, 1996), a man, a doctor from New York City, come in and told Leroy, he says, ‘You’ll never see the light of day.’ And he says, ‘I’ll guarantee you before you leave here I’m gonna inject you with a, with a deadly ah… dose of cancer.” Clark says that government officials have tried to kill other jailed Freemen: “I know of two of them, one of them at least, he was as healthy as a [expletive] horse when he went in there, and he came back… there was another one, I can’t remember his name, they, they give him a lethal dose of ‘no brains’ when he come back.” [Associated Press, 6/17/1996]

Entity Tags: Montana Freemen, LeRoy Schweitzer, Gloria Ward, Federal Bureau of Investigation, James (“Bo”) Gritz, Edwin Clark, Rodney Owen Skurdal, Randy Trochmann, Charles Duke

Timeline Tags: US Domestic Terrorism

Fox News logo.Fox News logo. [Source: Fox News]Fox News begins broadcasting on US cable television. Fox News provides 24-hour news programming alongside the nation’s only other such cable news provider, CNN. Fox executive Roger Ailes, a former campaign adviser for Richard Nixon, Ronald Reagan and George H. W. Bush (see 1968, January 25, 1988, and September 21 - October 4, 1988), envisions Fox News as a conservative “antidote” to what he calls the “liberal bias” of the rest of American news broadcasting. Ailes uses many of the methodologies and characteristics of conservative talk radio, and brings several radio hosts on his channel, including Sean Hannity and Bill O’Reilly, to host television shows. [Jamieson and Cappella, 2008, pp. 47; New York Magazine, 5/22/2011] Referring to Ailes’s campaign experience, veteran Republican consultant Ed Rollins later says: “Because of his political work, he understood there was an audience. He knew there were a couple million conservatives who were a potential audience, and he built Fox to reach them.” [New York Magazine, 5/22/2011]
Ailes Planned for Fox News as Far Back as 1970 - Ailes began envisioning a conservative news provider to counter what he considers the mainstream media’s “liberal bias” as early as 1970, when he became heavily involved with a Nixon administration plan to plant conservative propaganda in news outlets across the nation (see Summer 1970). In 1971, he headed a short-lived private conservative television news network, Television News Incorporated (TVN—see 1971-1975), which foundered in 1975 in part because of its reporters and staffers balking at reporting Ailes-crafted propaganda instead of “straight” news. Ailes told a New York Times reporter in 1991 that he was leaving politics, saying: “I’ve been in politics for 25 years. It’s always been a detour. Now my business has taken a turn back to my entertainment and corporate clients.” But Ailes misinformed the reporter. He continued to work behind the scenes on the 1992 Bush re-election campaign, providing the campaign with attack points against Democratic contender Bill Clinton (D-AR) and earning the nickname “Deep Throat” from Bush aides. Though Ailes did do work in entertainment, helping develop tabloid television programs such as The Maury Povich Show and heading the cable business news network CNBC for three years, Ailes has continued to stay heavily involved in Republican politics ever since. Ailes became involved in the creation of Fox News in early 1996 after he left NBC, which had canceled his show America’s Talking and launched a new cable news network, MSNBC, without asking for Ailes’s involvement. Fox News is owned by News Corporation (sometimes abbreviated NewsCorp), an international media conglomerate owned by conservative billionaire Rupert Murdoch. When NBC allowed Ailes to leave, Jack Welch, the chairman of NBC’s parent company General Electric, said, “We’ll rue the day we let Roger and Rupert team up.” Murdoch has already tried and failed to buy CNN, and has already begun work on crafting news programs with hard-right slants, such as a 60 Minutes-like show that, reporter Tim Dickinson will write, “would feature a weekly attack-and-destroy piece targeting a liberal politician or social program.” Dan Cooper, the managing editor of the pre-launch Fox News, later says, “The idea of a masquerade was already around prior to Roger arriving.” Eric Burns, who will work for ten years as a Fox News media critic before leaving the network, will say in 2011: “There’s your answer right there to whether Fox News is a conventional news network or whether it has an agenda. That’s its original sin.” To get Fox News onto millions of cable boxes at once, Murdoch paid hundreds of millions of dollars to cable providers to air his new network. Murdoch biographer Neil Chenoweth will later write: “Murdoch’s offer shocked the industry. He was prepared to shell out half a billion dollars just to buy a news voice.” Dickinson will write, “Even before it took to the air, Fox News was guaranteed access to a mass audience, bought and paid for.” Ailes praised Murdoch’s “nerve,” saying, “This is capitalism and one of the things that made this country great.” [New York Magazine, 5/22/2011; Rolling Stone, 5/25/2011]
Using Conservative Talk Radio as Template - In 2003, NBC’s Bob Wright will note that Fox News uses conservative talk radio as a template, saying: “[W]hat Fox did was say, ‘Gee, this is a way for us to distinguish ourselves. We’re going to grab this pent-up anger—shouting—that we’re seeing on talk radio and put it onto television.’” CBS News anchor Dan Rather will be more critical, saying that Fox is a reflection of Murdoch’s own conservative political views. “Mr. Murdoch has a business, a huge worldwide conglomerate business,” Rather says. “He finds it to his benefit to have media outlets, press outlets, that serve his business interests. There’s nothing wrong with this. It’s a free country. It’s not an indictable offense. But by any clear analysis the bias is towards his own personal, political, partisan agenda… primarily because it fits his commercial interests.” [New Yorker, 5/26/2003]
Putting Ideology Over Journalistic Ethics, Practices - Ailes, determined not to let journalists with ethical qualms disrupt Fox News as they had his previous attempt at creating a conservative news network (see 1971-1975), brought a hand-picked selection of reporters and staffers with demonstrable conservative ideologies from NBC, including business anchor Neil Cavuto and Steve Doocy, who hosts the morning talk show “Fox and Friends.” Both Cavuto and Doocy are Ailes loyalists who, Dickinson will say, owe their careers to Ailes. Ailes then tapped Brit Hume, a veteran ABC correspondent and outspoken conservative, to host the main evening news show, and former Bush speechwriter Tony Snow as a commentator and host. John Moody, a forcefully conservative ABC News veteran, heads the newsroom. Ailes then went on a purge of Fox News staffers. Joe Peyronnin, who headed the network before Ailes displaced him, later recalls: “There was a litmus test. He was going to figure out who was liberal or conservative when he came in, and try to get rid of the liberals.” Ailes confronted reporters with suspected “liberal bias” with “gotcha” questions such as “Why are you a liberal?” Staffers with mainstream media experience were forced to defend their employment at such venues as CBS News, which he calls the “Communist Broadcast System.” He fired scores of staffers for perceived liberal leanings and replaced them with fiery young ideologues whose inexperience helps Ailes shape the network to his vision. Before the network aired its first production, Ailes had a seminal meeting with Moody. “One of the problems we have to work on here together when we start this network is that most journalists are liberals,” he told Moody. “And we’ve got to fight that.” Reporters and staffers knew from the outset that Fox, despite its insistence on being “fair and balanced” (see 1995), was going to present news with a conservative slant, and if that did not suit them, they would not be at Fox long. A former Fox News anchor later says: “All outward appearances were that it was just like any other newsroom. But you knew that the way to get ahead was to show your color—and that your color was red.” The anchor refers to “red” as associated with “red state,” commonly used on news broadcasts to define states with Republican majorities. Ailes will always insist that while his network’s talk-show hosts, such as O’Reilly, Hannity, and others, are frankly conservative, Fox’s hard-news shows maintain what he calls a “bright, clear line” that separates conservative cant from reported fact. In practice, this is not the case. Before Fox aired its first broadcast, Ailes tasked Moody to keep the newsroom in line. Early each morning, Ailes has a meeting with Moody, often with Hume on speakerphone from the Washington office, where the day’s agenda is crafted. Moody then sends a memo to the staff telling them how to slant the day’s news coverage according to the agenda of those on “the Second Floor,” as Ailes and his vice presidents are known. A former Fox anchor will later say: “There’s a chain of command, and it’s followed. Roger talks to his people, and his people pass the message on down.” After the 2004 presidential election, Bush press secretary Scott McClellan will admit, “We at the White House were getting them talking points.”
Targeting a Niche Demographic - Fox New’s primary viewership defies most demographic wisdom. According to information taken in 2011, it averages 65 years of age (the common “target demographic” for age is the 18-24 bracket), and only 1.38% of its viewers are African-American. Perhaps the most telling statistics are for the Hannity show: 86% describe themselves as pro-business, 84% believe government “does too much,” 78% are “Christian conservatives,” 78% do not support gay rights, 75% are “tea party backers,” 73% support the National Rifle Association, 66% lack college degrees, and 65% are over age 50. A former NewsCorp colleague will say: “He’s got a niche audience and he’s programmed to it beautifully. He feeds them exactly what they want to hear.” Other polls from the same time period consistently show that Fox News viewers are the most misinformed of all news consumers, and one study shows that Fox News viewers become more misinformed the more they watch the network’s programming.
Ailes's Security Concerns Affect Operations, Broadcasting - Ailes is uncomfortable in his office, a second-floor corner suite in the Fox News building at 1211 Avenue of the Americas in Manhattan. His office is too close to the street for his tastes; he believes that gay activists intend to try to harm him, either by attacks from outside the building or through assaults carried out from inside. He also believes that he is a top target for al-Qaeda assassins. Ailes barricades himself behind an enormous mahogany desk, insists on having “bombproof” glass installed in the windows, surrounds himself with heavily-armed bodyguards, and carries a firearm (he has a concealed-carry permit). A monitor on his desk shows him what is transpiring outside his office door; once, when he sees a dark-skinned man wearing what he thought was Muslim garb on the monitor, he will order an immediate lockdown of the entire building, shouting, “This man could be bombing me!” The man will turn out to be a janitor. A source close to Ailes will say, “He has a personal paranoia about people who are Muslim—which is consistent with the ideology of his network.” A large security detail escorts him daily to and from his Garrison, New Jersey home to his Manhattan offices; in Garrison, his house is surrounded by empty homes Ailes has bought to enhance his personal security. According to sources close to Ailes, Fox News’s slant on gay rights and Islamist extremism is colored by Ailes’s fear and hatred of the groups.
'We Work for Fox' - Sean Wilentz, a Princeton historian and Reagan biographer, will say: “Fox News is totalized: It’s an entire network, devoted 24 hours a day to an entire politics, and it’s broadcast as ‘the news.’ That’s why Ailes is a genius. He’s combined opinion and journalism in a wholly new way—one that blurs the distinction between the two.” Dickinson will write: “Fox News stands as the culmination of everything Ailes tried to do for Nixon back in 1968. He has created a vast stage set, designed to resemble an actual news network, that is literally hard-wired into the homes of millions of America’s most conservative voters. GOP candidates then use that forum to communicate directly to their base, bypassing the professional journalists Ailes once denounced as ‘matadors’ who want to ‘tear down the social order’ with their ‘elitist, horse-dung, socialist thinking.’ Ironically, it is Ailes who has built the most formidable propaganda machine ever seen outside of the Communist bloc, pioneering a business model that effectively monetizes conservative politics through its relentless focus on the bottom line.” Former Bush speechwriter David Frum will observe: “Republicans originally thought that Fox worked for us. Now we’re discovering that we work for Fox.” [New York Magazine, 5/22/2011; Rolling Stone, 5/25/2011]

Entity Tags: Eric Burns, Tim Dickinson, Neil Cavuto, Dan Cooper, Steve Doocy, Joe Peyronnin, John Moody, David Frum, Sean Wilentz, News Corporation, Scott McClellan, Jack Welch, Tony Snow, MSNBC, Brit Hume, Television News Incorporated, Ronald Reagan, Roger Ailes, CNN, Fox News, CNBC, George Herbert Walker Bush, Sean Hannity, Neil Chenoweth, Ed Rollins, William Jefferson (“Bill”) Clinton, Bill O’Reilly, Nixon administration, Dan Rather, Bob Wright, Rupert Murdoch

Timeline Tags: Domestic Propaganda

USAMRIID logo.USAMRIID logo. [Source: US Army]Steven Hatfill, later suspected of being behind the 2001 anthrax attacks (see October 5-November 21, 2001), has a two-year contract working at USAMRIID, the US Army’s top biological laboratory, at Fort Detrick, Maryland. He has access to the most restricted Biosafety Level 4 laboratories, where scientists handle viruses in biohazard suits tethered to air supplies. There’s no evidence of him specifically working with anthrax at this time or any other time, however. His contract holds little meaning after February, when he had started working full time somewhere else. [Weekly Standard, 9/16/2002; Washington Post, 9/14/2003] It is later reported that the strain of anthrax used in the attacks could be no older than September 1999. [New York Times, 6/23/2002] While at USAMRIID, Hatfill also works on virology in a different building than where anthrax is studied, so the odds of Hatfill getting access to the type of anthrax used in the attacks at USAMRIID seems extremely small. [Weekly Standard, 9/16/2002] Although he is a relatively inexperienced scientist, he begins giving public and private lectures about the dangers of biological terrorist attacks, and gets some media coverage as a quoted bioweapons expert. [Washington Post, 9/14/2003]

Entity Tags: Steven Hatfill, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

A package containing a petri dish mislabeled “anthracks” is received at the B’nai B’rith headquarters in Washington, DC. The choice of B’nai B’rith may be meant to suggest Arab terrorists, because the building had once been the target of an assault by Muslim gunmen. The letter is signed, “The Counter Holocaust Lobbyists of Hillel,” which is similar wording to a known Holocaust denier. The dish does not contain anthrax but does contain bacillus cereus, a very close, non-toxic cousin of anthrax used by the US Defense Department. There are similarities to the later real anthrax attacks (see October 5-November 21, 2001), such as misspelled words—“penacilin,” in the case of the post-9/11 attacks. In July 2002, B’nai B’rith will say the FBI still has not asked it about this hoax anthrax attack. [New York Times, 8/13/2002; Vanity Fair, 9/15/2003]

Entity Tags: B’nai B’rith, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Entrance to Fort Hood, Texas.Entrance to Fort Hood, Texas. [Source: New York Times]Fort Hood, Texas, preparing for the annual “Freedom Fest” Fourth of July celebration, readies itself for a large crowd of local civilians planning to spend the day enjoying fireworks, marathons, concessions, military bands, carnival rides, and community activities. However, anti-government activists Bradley Glover and Michael Dorsett are captured by FBI and Missouri state police officers in Missouri before they can turn the festival into a massacre. Glover and Dorsett have become convinced that the United Nations is housing Communist Chinese troops at the military base, in conjuction with a “New World Order” conspiracy to invade and occupy the United States (see September 11, 1990). Glover, Dorsett, and others—all “splinter” members of an organization calling itself the “Third Continental Congress” (TCC—see Summer 1996 - June 1997)—are planning a multi-pronged attack on the Army base. Soon after, five others are arrested in conjunction with the plot.
History of the Fort Hood Plot - Glover and other TCC members believe that the April 1995 bombing of the Murrah Federal Building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was a plot by federal agencies to gin up an excuse to persecute “patriot” organizations. Glover told British reporter Ambrose Evans-Pritchard shortly after the Oklahoma City bombing that “it’s only a matter of time now before the shooting war begins.” He believed that the bombing would be followed by heavy-handed anti-terrrorism legislation that would see federal agencies attempt to violently eradicate militia groups, and in turn, those groups would violently resist. “If this thing goes down,” Glover predicted in May 1995, “there’s going to be an extremely large number of US military that’s coming to our side with their weapons. They’ll turn like a dog on a cat.” He believed the militias would easily defeat the government forces—“We can whip those guys. We can take out the so-called ninja wanna-bes. We’ll beat ‘em quick”—but worries that President Clinton will turn to the Chinese forces he supposedly has housed throughout the United States: “That’s what worries us,” Glover said. “Then we’re gonna be fighting big time.” Glover became known to federal authorities after his frequent interviews with reporters after the Oklahoma City bombing, and claims to lead groups such as the Southern Kansas Regional Militia and the First Kansas Mechanized Infantry. (In his “real” life, Glover is a part-time computer consultant.) When the expected crackdown failed to materialize, Glover became a national council member of a national “umbrella” militia group called the Tri-States Militia (see October 1995 and After) and then began associating with ever-more violent anti-government extremists. Glover, Dorsett, and a small group of extremists devise an extensive plan to strike at a number of government facilities and military bases, beginning with Fort Hood.
Arrests - But federal and state authorities are well aware of their plans. At 6:15 a.m. on the morning of July 4, FBI agents arrest Glover and Dorsett in their tents in the Colorado Bend State Park. The two have an arsenal with them: two rifles, five pistols, 1600 rounds of ammunition, bulletproof vests, a smoke grenade, a homemade silencer, explosive material, a night vision scope, and other items. “Their explosives would have been more damaging to the personnel at Fort Hood than to the physical installation,” Missouri State Highway Patrol Lieutenant Richard Coffey later tells a Texas newspaper reporter. “They did not have the same philosophy as the people in Oklahoma City. They were not looking for a huge explosion to make their point.” Instead, they planned small, repeated explosions. Glover, charged only with weapons violations, posts bail and flees to Wisconsin, where he is quickly arrested again after another weapons charge is added to the original indictment. Dorsett is held on an outstanding federal passport violation. Fellow plotter Merlon “Butch” Lingfelter is later arrested in Wisconsin on July 10, while looking for Glover; he surrenders his two machine guns and two pipe bombs, but says, “I’m not trying to be a noble knight in this, but it’s time somebody somewhere does something.” Despite his defiance, Lingenfelter tells a reporter that the meetings held by Glover were merely social outings. Kevin and Terry Hobeck are arrested on July 10 in Colorado after giving two illegal automatic weapons to undercover police officers; Thomas and Kimberly Newman are arrested on July 11 in Kansas after Thomas Newman gives the same undercover officers a sack full of pipe bombs.
Suicide Mission? - One law enforcement official believes that the group may have intended to die in the planned Fort Hood attack. “I think you have to have a warped sense of reality to think you can pull of a mission like that,” Missouri State Highway Patrol Captain James Keathley later tells a Denver reporter. “It sounds like a suicide mission to me. I don’t know if they could have pulled this off.” [Mark Pitcavage, 1997; Southern Poverty Law Center, 6/2001]
Sentences - Glover will draw a seven-year prison sentence, and the others lesser terms. [Southern Poverty Law Center, 6/2001]

Entity Tags: Kimberly Newman, Kevin Hobeck, Fort Hood, First Kansas Mechanized Infantry, Federal Bureau of Investigation, Bradley Glover, Ambrose Evans-Pritchard, United Nations, US Department of the Army, Southern Kansas Regional Militia, Thomas Newman, James Keathley, Richard Coffey, Terry Hobeck, Missouri State Highway Patrol, Third Continental Congress, Merlon (“Butch”) Lingenfelter, Jr., Michael Dorsett, Tri-States Militia

Timeline Tags: US Domestic Terrorism

Steven Hatfill.Steven Hatfill. [Source: Baltimore Sun]In 1998, scientist Steven Hatfill writes and copyrights a novel depicting a biological terrorist attack on the US. This novel will be one reason why he will be suspected for the 2001 anthrax attacks (see October 5-November 21, 2001), before being eventually cleared of any role in those attacks after years of suspicion (see August 1, 2002 and June 27, 2008). The novel, entitled Emergence, depicts a bubonic plague attack by a Palestinian terrorist on the White House and Congress. The bacteria is released in the White House through sprayers installed in a wheelchair, sickening the US president and top Congressional leaders. The terrorist is said to be funded by the Iraqi government, and the novel ends with the US attacking Iraq and dropping a nuclear bomb on Baghdad in retaliation. Hatfill envisions the US media “whip[ping] the American public into a state of near total hysteria” over the attack. He apparently asks for help from friends to get the novel to a publisher or agent, but the help never materializes. The novel will remain on his computer until it is discovered in an FBI raid on his apartment in mid-2002. The FBI will leak details about it to the media in August 2002. [Associated Press, 8/14/2002] However, one detail will not be made public until an article in Vanity Fair one year later: in a short epilogue, a Russian mobster reveals that his own organization and not Iraq was responsible for the attack. The mobster says: “The reaction was as great as we had hoped for the entire focus of the American FBI has now shifted towards combating chemical / biological terrorism and this is allowing us to formulate the unprecedented expansion of our organization.” [Vanity Fair, 9/15/2003]

Entity Tags: Federal Bureau of Investigation, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks

While at the radical Finsbury Park mosque in London, future shoe bomber Richard Reid, at this time an angry young Muslim, meets an Algerian named Djamel Beghal, known as a top militant Islamist. Beghal’s task at Finsbury Park, run by British intelligence informer Abu Hamza al-Masri (see Early 1997), is that of a “talent spotter”—he tells impressionable young men about jihad in places like Algeria and gets them to talk about their frustrations. If Beghal thinks a person has the potential to do more than just talk, he can arrange for the person to travel to a training camp in Afghanistan. Reid travels to Afghanistan after being selected by Beghal, although he will later fail to carry out his suicide mission (see December 22, 2001). [O'Neill and McGrory, 2006, pp. 225]

Entity Tags: Richard C. Reid, Finsbury Park Mosque, Djamel Beghal

Timeline Tags: Complete 911 Timeline

A group of recruits at the radical Finsbury Park mosque in London, which is run by British intelligence informer and radical London imam Abu Hamza al-Masri (see Early 1997), starts to be groomed as suicide bombers. The group includes shoe bomber Richard Reid (see December 22, 2001) and Saajid Badat, one of his accomplices (see (December 14, 2001)). Some of the suicide squad live in Brixton, south London, with Zacarias Moussaoui. Salam Abdullah, a radical who attends the mosque at this time, will later say, “You could tell from the way they were treated by Abu Hamza and his aides that they were marked for something special, but we didn’t know it was for suicide attacks.” Other mosque-goers do not discuss the group, and the men do not talk about their mission, but periodically disappear, presumably to go abroad for training. Some of them are foreigners, who are known only by their nicknames, and are sent to Finsbury Park from other militant centers around Britain and Europe. Authors Sean O’Neill and Daniel McGrory will later comment: “It was in north London that the suicide bombers were provided with money, documents, and the names of the contacts who would steer them to the intended targets in the Middle East, Afghanistan, Chechnya, Kashmir, and the cities of Europe.” [O'Neill and McGrory, 2006, pp. 89-93] In addition to being an informer for the British, Abu Hamza is himself under surveillance by numerous intelligence services, including the same British ones he works for (see Summer 1996-August 1998, (November 11, 1998), and February 1999). What the British authorities know of this squad, and whether they attempt to do anything about it is unknown.

Entity Tags: Zacarias Moussaoui, Sean O’Neill, Salman Abdullah, Finsbury Park Mosque, Richard C. Reid, Daniel McGrory, Abu Hamza al-Masri, Saajid Badat

Timeline Tags: Complete 911 Timeline

A classified report discusses responses to an anthrax attack through the mail. The report, precipitated by a series of false anthrax mailings, is written by William Patrick, inventor of the US anthrax weaponization process, under a CIA contract. [New York Times, 12/3/2001] The report was commissioned by Steven Hatfill, a good friend of Patrick. [Baltimore Sun, 6/27/2002] The report describes what the US military could do and what a terrorist might be able to achieve. [New York Times, 12/3/2001] The similarities between what the report predicts and the anthrax attacks that eventually happen after 9/11 are startling (see October 5-November 21, 2001). The BBC later suggests the “possibility that there was a secret CIA project to investigate methods of sending anthrax through the mail which went madly out of control” and that the anthrax attacker knew of this study or took part in it. The CIA and William Patrick will deny the existence of this report, even though copies have been leaked to the media. [BBC, 3/14/2002; Baltimore Sun, 6/27/2002]

Entity Tags: William C. Patrick III, Steven Hatfill, Central Intelligence Agency

Timeline Tags: 2001 Anthrax Attacks

US Representative Ron Paul (R-TX) introduces the so-called “Liberty Amendment” as, his office says in a press release, “what should be 28th Amendment to the US Constitution; HJ116, the Liberty Amendment.” The Liberty Amendment would repeal the 16th Amendment, which gives the federal government the right to levy income, estate, and gift taxes, and would severely limit the power of the federal government in areas not strictly defined by the Constitution, giving vast new powers to the states instead. The Liberty Amendment was first introduced in Congress in 1952; in 1957, Representative Elmer Hoffman (R-IL) reintroduced it with the new prohibitions on federal taxations. The Anti-Defamation League will write, “In this form, the amendment garnered considerable support among extreme right-wing conservatives as well as the budding libertarian movement.” Right-wing libertarian Willis Stone became the chairman of the Liberty Amendment Committee in the late 1950s, and for years attempted to raise support for the amendment. In recent years, Paul has become the champion of the amendment. After introducing the amendment, Paul tells reporters: “Over the years this amendment has enjoyed widespread support and has been introduced several times in the past by various members of Congress, but finally this measure has a chance of success given the conservative Congress and mood of the country in favor of a more limited, constitutional government which respects individual liberty.… The income tax is the most regressive tax imaginable, allowing government to take first claim on our lives. The income tax assumes government owns us, as individuals, and has a sovereign claim to the fruits of our labor. This is immoral. But government has been compelled to levy this economically damaging tax because government has grown so big. By reducing the size of the federal government to those functions strictly enumerated in the Constitution, there will no longer be a need for the income tax.… Once again, Americans are being treated to hearings on the abuses of the IRS. For as abusive as the IRS is, it is in fact simply the predictable result of the underlying income tax. By eliminating the income tax, we will go a long way toward eliminating these abuses.” Paul has regularly introduced the amendment in the House since 1981. [Ron Paul, 4/28/1999; Anti-Defamation League, 2011] The Liberty Amendment is part of the anti-tax movement stemming at least as far back as 1951 (see 1951-1967).

Entity Tags: Willis Stone, Anti-Defamation League, Elmer Hoffman, Ron Paul, Liberty Amendment, Liberty Amendment Committee

Timeline Tags: Domestic Propaganda

The FBI releases its report on what it calls “Project Megiddo,” an examination of what it calls “the potential for extremist criminal activity in the United States by individuals or domestic groups who attach special significance to the year 2000.” The report is released to law enforcement agencies throughout the country, but not to the public. A statement accompanying the report reads in part: “The threat posed by extremists as a result of perceived events associated with the year 2000 (Y2K) is very real. The volatile mix of apocalyptic religious and [New World Order] conspiracy theories (see February 4, 1999) may produce violent acts aimed at precipitating the end of the world as prophesied in the Bible.” The report is based on nine months of intelligence and data collection by the domestic terrorism unit of the FBI. Soon after its release, the Center for Studies on New Religions (CESNUR) will obtain a copy and release it on the Internet. The report’s executive summary notes that “Megiddo,” a hill in northern Israel, is the site of a number of Biblical-era battles, and the Hebrew word “armageddon” derives from a Hebrew phrase meaning “hill of Megiddo.” The Bible’s depiction of “Armageddon” is, the report states, “the assembly point in the apocalyptic setting of God’s final and conclusive battle against evil. The name ‘Megiddo’ is an apt title for a project that analyzes those who believe the year 2000 will usher in the end of the world and who are willing to perpetrate acts of violence to bring that end about.” While much of the media-fueled debate about the upcoming “end of the millennium” focuses on technological issues, such as the anticipated widespread disabling of computer networks and the like, the FBI report focuses more specifically on the religious connotations of the time as viewed by far-right “Christian Identity” (see 1960s and After) and related white supremacist, separatist, and militia organizations. The report, the summary states, “is intended to analyze the potential for extremist criminal activity in the United States by individuals or domestic extremist groups who profess an apocalyptic view of the millennium or attach special significance to the year 2000.” It is difficult to say what groups may pose a threat as 1999 comes to a close, the report states, as it is difficult to anticipate which groups will follow through on their rhetoric and which will not. Moreover, the report notes, many domestic extremist groups are not traditionally structured in a hierarchical fashion; the possibility of “lone wolf” strikes by individuals operating outside a militia or extremist group may in some cases outweigh the likelihood of violent assaults carried out by such groups. The report notes that the worst domestic terrorist event in US history, the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), was carried out by two “lone wolves,” Timothy McVeigh and Terry Nichols. The report finds few indications of what it calls “specific threats to domestic security,” but focuses more on suspicious activities by a variety of militia groups who are arming themselves, stockpiling food, raising money through illegal means, and other actions which may serve as a warning of future violence. Problems caused by “Y2K glitches” such as power outages and computer failures may be interpreted by some extremist groups as the first actions of a government assault on the citizenry, the FBI warns, and may precipitate violent responses. [Ontario Consultants on Religious Tolerance, 10/1999; Federal Bureau of Investigation, 10/20/1999; Washington Post, 10/31/1999] The right-wing news blog WorldNetDaily will accuse the FBI of issuing the report to “set up” militia groups as patsies for the government’s own terrorist activities (see December 9, 1999).

Entity Tags: Timothy James McVeigh, Federal Bureau of Investigation, Center for Studies on New Religions, Terry Lynn Nichols, WorldNetDaily

Timeline Tags: US Domestic Terrorism

Diana Dean.Diana Dean. [Source: Seattle Times]Al-Qaeda operative Ahmed Ressam is arrested in Port Angeles, Washington, attempting to enter the US with components of explosive devices. One hundred and thirty pounds of bomb-making chemicals and detonator components are found inside his rental car. He subsequently admits he planned to bomb Los Angeles International Airport on December 31, 1999. [New York Times, 12/30/2001] Alert border patrol agent Diana Dean stops him; she and other agents nationwide had been warned recently to look for suspicious activity. Ressam’s bombing would have been part of a wave of attacks against US targets over the New Year’s weekend (see December 15-31, 1999). He is later connected to al-Qaeda and convicted. [US Congress, 9/18/2002; PBS Frontline, 10/3/2002]

Entity Tags: Diana Dean, Ahmed Ressam, Los Angeles International Airport, Al-Qaeda

Timeline Tags: Complete 911 Timeline

SAIC logo.SAIC logo. [Source: SAIC]In 2000, the US begins a secret project to train its special forces how to detect and disarm mobile biological weapons factories. One real mobile biological weapons factory is built, but not actually used to make weapons. US Delta Force units will use this factory in their training in the months before the 2003 Iraq war. The designer of the factory is Steven Hatfill, who will later be named as a suspect in the 2001 anthrax attacks (see October 5-November 21, 2001) before being exonerated in 2008. Hatfill’s role in making the factory is one reason why he is later suspected in the anthrax attacks, even though there is no evidence the factory makes anthrax or any other kind of biological weapon, as the different components in it are never connected. Hatfill helps build the factory while working for Science Applications International Corporation (SAIC), a contractor for the US military and the CIA. He begins gathering parts to build it in 2000, and construction begins in September 2001, at a metalworking plant near Fort Detrick, Maryland. SAIC fires him in March 2002, after he fails to get a high-level security clearance and he comes under suspicion for the anthrax attacks. But Hatfill continues to work on the half-built factory on his own, for no pay, until it is finished later that year (see Autumn 2002). The factory is commissioned in 2000 apparently because US intelligence chooses to believe the claims of an Iraqi defector named Curveball, who falsely claims that Iraq has such mobile weapons factories (see January 2000-September 2001). [New York Times, 7/2/2003]

Entity Tags: Steven Hatfill, Science Applications International Corporation (SAIC)

Timeline Tags: 2001 Anthrax Attacks

Richard Reid.Richard Reid. [Source: Plymouth County Jail]MI5, Britain’s domestic intelligence agency, has Zacarias Moussaoui under surveillance. The French government had asked MI5 to monitor him in 1999 (see 1999), but it has not been confirmed if this is in response to that request. It is not clear when the surveillance begins, but the Observer reports that it lasts for “months” and ends when Moussaoui leaves Britain on December 9, 2000, to attend an al-Qaeda training camp in Afghanistan. The extent of Moussaoui’s surveillance is not publicly known; the only reported detail is that some phone calls between Moussaoui and Richard Reid are intercepted. Reid will later be convicted for attempting to blow up a passenger airliner with a bomb in his shoe (see December 22, 2001). MI5 records the conversations between them made inside Britain. Opposition politicians in Britain will later criticize MI5 for not realizing Reid’s al-Qaeda ties between 9/11 and Reid’s shoe bomb plot over two months later. [Observer, 12/30/2001; Wall Street Journal, 12/31/2001] Moussaoui appears to be in contact with other al-Qaeda figures during this time. For instance, he travels to Yazid Sufaat’s house in Malaysia in September 2000 and again in October 2000 (see September-October 2000), and Ramzi bin al-Shibh stays in London for a week in early December 2000 and meets with Moussaoui (see October 2000-February 2001). [Independent, 12/11/2001] However, it is not known if such contacts are monitored as well.

Entity Tags: Yazid Sufaat, United Kingdom, Zacarias Moussaoui, Ramzi bin al-Shibh, Richard C. Reid, UK Security Service (MI5)

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Reid, who will attempt to blow himself up on a flight to Miami five months later (see December 22, 2001), is sent on a spying mission to Israel. First, he obtains a new passport from the British consulate in Brussels to hide his travels to Pakistan shown in his old passport. Then Reid flies to Israel with El Al, testing the carrier’s security. He complains that screening has ruined his tape recorder and also notes how many times the cockpit door is opened, finding that the time just before passengers are told to fasten their seatbelts during descent is the best time to strike. In Tel Aviv, he cases buses, trains, churches, buildings, and shopping malls to determine the best targets to attack. Reid also examines tourist sites in Jerusalem, finding security lax at the Western Wall. After leaving Israel, he travels to Egypt, Turkey, and Pakistan. Investigators will later discover these details of his travels from a diary found on a computer at an al-Qaeda safe house in Kabul after the US invasion of Afghanistan in late 2001. [O'Neill and McGrory, 2006, pp. 228-229]

Entity Tags: Richard C. Reid

Timeline Tags: Complete 911 Timeline

The NSA monitors calls between an al-Qaeda communications hub in Yemen and one or more operatives involved in a plot to attack the US embassy in Paris. The communications hub in Yemen is run by Ahmed al-Hada, father-in-law of 9/11 hijacker Khalid Almihdhar, who is also involved in the US embassy bombings (see August 4-25, 1998), the USS Cole bombing (see Mid-August 1998-October 2000), and 9/11 (see Early 2000-Summer 2001). The Paris plot is apparently foiled based on this information, although the details are sketchy. [US News and World Report, 3/15/2004] The name of the operative or operatives who talk to the communications hub in Yemen is unknown. One candidate is Djamel Beghal, who will be arrested on July 28 (see July 24 or 28, 2001) based on a tip-off issued by the CIA to partner agencies on July 3 (see July 3, 2001). Another is Nizar Trabelsi, who will be arrested on September 13, although Trabelsi may be arrested based on information gleaned from Beghal. Both Beghal (see Spring 1998) and Trabelsi (see September 13, 2001) are connected to a plot to destroy an airliner with a shoe bomb, but this is not stopped (see December 22, 2001).

Entity Tags: Djamel Beghal, Al-Qaeda, Nizar Trabelsi, National Security Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Scientist Steven Hatfill, a future suspect in the October 2001 anthrax attacks (see October 5-November 21, 2001), loses his high-level Department of Defense security clearance. He had apparently misrepresented some things on his resume. He is working at a private company at this time (see 2000-2002), but no explanation is given to his employers. He is allegedly visibly angry over this. Some colleagues will later report suspicions about him to the FBI, thinking that his anger might have led him to send off the anthrax-laced letters. [Baltimore Sun, 7/18/2002; ABC News, 8/11/2002]

Entity Tags: Department of National Defense, Steven Hatfill, US Department of Defense

Timeline Tags: 2001 Anthrax Attacks

Patrick Philbin.Patrick Philbin. [Source: Daylife (.com)]Patrick Philbin joins the Justice Department’s Office of Legal Counsel (OLC). Philbin is an old friend and colleague of the OLC’s John Yoo; both graduated from Yale and both clerked for Judge Laurence Silberman and Supreme Court Justice Clarence Thomas. Philbin has no experience in the legalities surrounding national security issues; he spent the 1990s working for a corporate law firm helping telecommunications companies sue the Federal Communications Commission. Philbin joins the OLC with the expectation of working solely with administrative law. But after the 9/11 attacks, he will be asked to help Yoo handle the unexpected raft of national security issues. His first real work in the area of national security will be his finding (see November 6, 2001) that the president has untrammeled power to order the establishment of military commissions (see Late October 2001 and November 13, 2001). [Savage, 2007, pp. 136]

Entity Tags: John C. Yoo, US Department of Justice, Patrick F. Philbin, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

The FBI’s Minneapolis office asks for permission to interview Zacarias Moussaoui a few hours after the end of the 9/11 attacks, but permission is denied, apparently on the grounds that there is no emergency. On 9/11, the office’s counsel, Coleen Rowley, seeks permission from the Acting US Attorney to question Moussaoui about whether al-Qaeda has any further plans to hijack airliners or otherwise attack the US. The next day she asks again; this time the request is sent to the Justice Department. Such questioning would not usually be permitted, but Rowley argues that it should be allowed under a public safety exception. However, permission is denied and Rowley is told that the emergency is over so the public safety exception does not apply. Rowley will later comment: “We were so flabbergasted about the fact we were told no public safety emergency existed just hours after the attacks that my boss advised me to document it in a memo which became the first document in the legal subfile of the FBI’s ‘Penttbom’ case.” [Huffington Post, 5/2/2007] Some sources will suggest that Moussaoui was to be part of a second wave of attacks (see September 5, 2002). He is also an associate of shoe bomber Richard Reid, who will attempt to blow up an airliner later this year (see Mid-2000-December 9, 2000 and December 22, 2001).

Entity Tags: FBI Minnesota field office, Coleen Rowley, Zacarias Moussaoui, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Tubb.Richard Tubb. [Source: US Air Force]Dr. Richard Tubb, the White House physician, gives everyone on Air Force One a week’s worth of Cipro, a drug used to treat anthrax. [Politico Magazine, 9/9/2016] Air Force One, with President Bush on board, took off from Offutt Air Force Base in Nebraska at around 4:33 p.m. (see (4:33 p.m.) September 11, 2001). [CNN, 9/12/2001; Draper, 2007, pp. 143]
Doctor Is Concerned about a Possible Biological Attack - Tubb will later recall that as the plane is then flying toward Washington, DC, “The thing at that moment I was most worried about was a biologic [attack].” In order to protect the White House staffers on the plane in the “unlikely but high-risk scenario” of such an attack occurring, he decides there is “little harm” in giving them antibiotics. He therefore gives everyone on the plane—presumably including the president—a week’s worth of Cipro. [Politico Magazine, 9/9/2016] Cipro is an antibiotic that is commonly used to treat anthrax. [Forbes, 10/17/2001]
Passengers Are Given an Envelope Containing Cipro - Brian Montgomery, the White House’s director of advance, notices Tubb giving the drug to the passengers on Air Force One. He sees the doctor leaning over each person, whispering to them, patting them on the shoulder, and giving them a small envelope containing Cipro. When Tubb reaches Montgomery, he asks him, “How do you feel?” Montgomery says he feels fine. “You don’t feel disoriented?” Tubb asks and Montgomery says no. Tubb asks, “Have you ever heard of Cipro?” and comments, “We don’t know what might’ve been in that school”—referring to the Emma E. Booker Elementary School in Sarasota, Florida, which Bush visited this morning (see (8:55 a.m.) September 11, 2001)—“so we’re just being careful.” Montgomery asks what the drug is used for and Tubb replies, “In case it’s anthrax.” [Politico Magazine, 9/9/2016]
Doctor Will Later Be Pleased at His Actions - Letters containing anthrax spores will be sent to media organizations and US government offices later this month and in October, leading to five people dying and a further 17 people becoming ill but surviving (see October 5-November 21, 2001). [South Florida Sun-Sentinel, 12/8/2001; BBC, 9/25/2006; CNN, 2/19/2010; National Public Radio, 2/15/2011] Commenting on this, Tubb will reflect, “It was scary later realizing later that fall [that] anthrax wasn’t as unimaginable as we’d thought.” “I was suddenly real pleased with how we’d reacted on the plane,” he will say. [Politico Magazine, 9/9/2016] Tubb is director of the White House Medical Unit and physician to the White House. He oversees all healthcare services within the White House and Camp David, and aboard executive aircraft. [US Air Force, 7/2006] Later today, staffers accompanying Vice President Dick Cheney to Camp David (see Shortly After 10:00 p.m. September 11, 2001) will also be given Cipro, supposedly as “a precaution” (see Evening, September 11, 2001). [Associated Press, 10/23/2001]

Entity Tags: Richard Tubb, Brian Montgomery

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In the days after the 9/11 attacks, white supremacist William Pierce, the leader of the neo-Nazi National Alliance (see 1970-1974 and 1978), tells a radio audience that the attacks could help fundamentally destabilize the US government: “Things are a bit brittle now. A few dozen more anthrax cases (see September 17-18, 2001 and October 5-November 21, 2001), another truck bomb in a well chosen location (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and substantial changes could take place in a hurry: a stock market panic, martial law measures by the Bush government, and a sharpening of the debate as to how we got ourselves into this mess in the first place.” On his Web site, Pierce says that “terrorism is not the problem,” and explains that the current terror threat is “the price for letting ourselves, our nation, be used by an alien minority to advance their own interests at the expense of ours.” Pierce, an outspoken anti-Semite, is referring to Jews as an “alien minority.” Many white supremacists have expressed their support for Islamist terrorists, including al-Qaeda, because of their common antipathy towards Jews. [David Neiwert, 6/17/2003]

Entity Tags: Bush administration (43), National Alliance, William Luther Pierce

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, US Domestic Terrorism

Nizar Trabelsi.Nizar Trabelsi. [Source: Daily Telegraph]Nizar Trabelsi, an al-Qaeda operative involved in numerous plots, is arrested in Brussels, Belgium. Police find machine pistols, chemical formulas for making bombs, detailed maps of the US embassy in Paris, and a business suit—it appears Trabelsi intended to walk into the embassy with the suit covering a suicide bomb vest and then detonate the explosives. The arrest is apparently due to information gleaned from Djamel Begham, a top al-Qaeda operative arrested in July (see July 24 or 28, 2001). Two of the plots Trabelsi is said to be involved in, an attack on a NATO base in Belgium and the attack on the US embassy in Paris, are thwarted. Trabelsi will later be found guilty in Belgium of planning the attack on the base (see September 30, 2003). [CNN, 10/3/2001] However, a third plot in which Trabelsi is involved—a plot to blow up two transatlantic airliners—is not thwarted. The plot is to be carried out by two al-Qaeda operatives who are in contact with Trabelsi around this time, Saajid Badat and Richard Reid. Reid returned to Europe from Asia in July or August (see July 2001), after which he stayed in Belgium with Trabelsi, who also found him work in hotel kitchens. Badat is also in contact with Trabelsi using phone cards, and analysis of them will help lead to his arrest some time later. The plot will fail when Badat backs out (see (December 14, 2001)) and Reid is unable to detonate the explosives before he is overpowered by fellow passengers and crew (see December 22, 2001). It is unclear why this third plot is not stopped as well after Trabelsi’s arrest. [O'Neill and McGrory, 2006, pp. 229-231] However, his arrest does lead to more arrests in Spain 13 days later (see September 26, 2001).

Entity Tags: Nizar Trabelsi, Richard C. Reid, Saajid Badat

Timeline Tags: Complete 911 Timeline

Bruce Ivins playing keyboards in a Celtic band.Bruce Ivins playing keyboards in a Celtic band. [Source: New York Times]Future anthrax attacks suspect Bruce Ivins expresses anger at the 9/11 attacks in e-mails.
First E-mail - On September 15, 2001, he writes in an e-mail to a friend: “I am incredibly sad and angry at what happened, now that it has sunk in. Sad for all the victims, their families, their friends. And angry. Very angry. Angry at those who did this, who support them, who coddle them, and who excuse them.”
Second E-mail - Ivins has been receiving psychological help since 2000, and in an e-mail on September 26, he makes reference to a group counseling session: “Of the people in my ‘group,’ everyone but me is in the depression/sadness/flight mode for stress. I’m really the only scary one in the group. Others are talking about how sad they are or scared they are, but my reaction to the WTC/Pentagon events is far different. Of course, I don’t talk about how I really feel with them—it would just make them worse. Seeing how differently I reacted than they did to the recent events makes me really think about myself a lot. I just heard tonight that bin Laden terrorists for sure have anthrax and sarin gas.” He also says in the same e-mail, “Osama bin Laden has just decreed death to all Jews and all Americans.”
Similar Wording with Anthrax Letters - The FBI will later consider this e-mail evidence that Ivins was behind the 2001 anthrax attacks (see October 5-November 21, 2001), even though feelings of anger after 9/11 were hardly unusual. The FBI will note the similarity of that last sentence and the text in anthrax letters sent around September 18 and October 9 that say “DEATH TO AMERICA” and “DEATH TO ISRAEL” (see September 17-18, 2001 and October 6-9, 2001). [Frederick News-Post, 8/7/2008]
Newspaper Reference - Ivins’s e-mail appears to at least partially be in reference to a newspaper article that day in the Washington Times. The article reports, “Intelligence officials say classified analysis of the types of chemicals and toxins sought by al-Qaeda indicate the group probably is trying to produce the nerve agent sarin, or biological weapons made up of anthrax spores.” [Washington Times, 9/26/2001]
Common Phrasing - In 2008, Salon columnist Glenn Greenwald will note that “‘Death to America’ and ‘Death to Israel’ were hardly some exotic or unique phrases the use of which by both Ivins and the anthrax attacker would constitute anything incriminating. To the contrary, those phrases were very common, and routinely appeared in press reports, particularly around the time of 9/11, for obvious reasons…” He will note that both exact phrases appeared in newspapers at the time, including mentions in the Chicago Tribune and Washington Post on September 27, one day after Ivins’s second e-mail. Greenwald will add: “[I]f anything is true, it’s that attributing to Islamic radicals the phrases ‘Death to America’ and ‘Death to Israel’ was a cliché, not some unique rhetorical fingerprint marking Ivins as the author of the anthrax letters. That’s almost certainly why the anthrax attacker invoked those images in the letters—because they were such common fears among Americans in the wake of 9/11.” [Salon, 8/6/2008]

Entity Tags: Glenn Greenwald, Bruce Ivins

Timeline Tags: 2001 Anthrax Attacks

Former CIA Director James Woolsey makes a secret trip to Europe to find evidence that could link the Iraqi government to various terrorist attacks. Deputy Defense Secretary Paul Wolfowitz funds and supports his trip. He visits Wales in a fruitless search for evidence to link Iraq to the 1993 World Trade Center bombing (see Late September 2001). But he also looks for evidence tying Iraq to 9/11 and the anthrax attacks once they become publicly known in early October (see October 5-November 21, 2001). The Village Voice will later report, “Woolsey was also asked to make contact with Iraqi exiles and others who might be able to beef up the case that hijacker Mohamed Atta was working with Iraqi intelligence to plan the September 11 attacks, as well as the subsequent anthrax mailings.” [Village Voice, 11/21/2001] In late October, the Iraqi National Congress (INC), the exile group opposed to Saddam Hussein, says it recently held meetings in London with him. [Daily Telegraph, 10/26/2001] Woolsey is a prominent neoconservative and already has extensive links with the INC (see 2000). It is unknown exactly what Woolsey does in Europe, but his trip has an apparent effect on the media. In addition to numerous articles about Atta’s alleged Prague visit, some articles appear attempting to tie Atta and the Iraqi government to the anthrax attacks as well. For instance, on October 14, 2001, The Observer will report, “According to sources in the Bush administration, investigators are talking to Egyptian authorities who say members of the al-Qaeda network, detained and interrogated in Cairo, had obtained phials of anthrax in the Czech Republic.” [Observer, 10/14/2001] And in late October, the London Times will not only report that Atta was given a vial of anthrax in Prague, but that he met with Iraqi agents numerous times all over Europe (see October 27, 2001). But no hard evidence will emerge supporting any of these allegations pushed by Woolsey.

Entity Tags: Mohamed Atta, Iraqi National Congress, Saddam Hussein, James Woolsey, Paul Wolfowitz

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Neoconservative Influence, 2001 Anthrax Attacks

The contents of the anthrax letter addressed to Tom Brokaw. The contents of the anthrax letter addressed to Tom Brokaw. [Source: FBI]A letter addressed to news anchor Tom Brokaw at NBC News is mailed from Princeton, New Jersey. It is postmarked September 18, 2001, which means it is dropped into a mailbox either some time after 5 p.m. on September 17 or some time before 5 p.m. on September 18. The letter contains deadly anthrax spores and a short message in slanting block letters:
bullet 09-11-01
bullet THIS IS NEXT
bullet TAKE PENACILIN NOW
bullet DEATH TO AMERICA
bullet DEATH TO ISRAEL
bullet ALLAH IS GREAT
There is no return address and the word penicillin is misspelled. The letter is opened on October 12, turned over to the FBI the same day, and tests positive for anthrax the next day. Several days later, an employee at the New York Post is diagnosed with cutaneous anthrax. An unopened letter is found at the Post’s editorial office, addressed to “Editor.” It also is found to contain real anthrax and the exact same message as the Brokaw letter, and was postmarked on the same day and from the same location. That same week, an employee at CBS News and the infant son of an ABC News employee are diagnosed with anthrax infections, but no letters are found in their New York offices. It is presumed those letters are mailed with the other two, but are thrown away. Also, several employees at a Florida building containing the offices of the Sun, a tabloid, get sick with anthrax infections. However, no letter is found there either. The victims at the Sun suffer from the more deadly inhalation anthrax instead of cutaneous anthrax, suggesting that letter could be sent separately. That letter appears to be directed at the National Enquirer, another tabloid owned by the same company as the Sun, but was redirected to the Sun due to a recent relocation of the Enquirer’s offices. [New York Times, 12/5/2001; Vanity Fair, 9/15/2003] A second wave of anthrax letters follows in early October (see October 6-9, 2001).

Entity Tags: CBS News, New York Post, NBC News, National Enquirer, Tom Brokaw, ABC News

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

The arrest of al-Qaeda operative Nizar Trabelsi is revealed in the international press by this date, if not earlier. An article published by UPI on this day names Trabelsi as having been arrested (see September 13, 2001) in connection with the capture of one of his associates, Djamel Beghal, in Dubai (see July 24 or 28, 2001). [United Press International, 9/21/2001] Trabelsi is linked to two shoe bombing plotters, Richard C. Reid and Saajit Badat. [O'Neill and McGrory, 2006, pp. 231] The arrest is also mentioned in subsequent days on CNN and in the Washington Post, for example. [Washington Post, 9/28/2001; CNN, 9/29/2001] Al-Qaeda may well already be aware that Trabelsi has been arrested, as he must have been out of contact for over a week at this point. However, the shoe bombing plot is not canceled and goes ahead, despite the bombers’ link to Trabelsi. One of the bombers backs out later for an unrelated reason (see (December 14, 2001)) and the other is thwarted when he attempts to blow up an aircraft in December (see December 22, 2001).

Entity Tags: Saajid Badat, Richard C. Reid, Nizar Trabelsi

Timeline Tags: Complete 911 Timeline

Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135]
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals (see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138]

Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

A letter postmarked September 26, 2001 is sent to the FBI that seems to blame scientist Ayaad Assaad for the upcoming anthrax attacks. Assaad is an Egyptian-American. The letter is sent days after the first anthrax-laced letters were sent out (see September 17-18, 2001), but days before the first media reports of any anthrax-related illnesses (see October 4, 2001 and Shortly Afterwards). The letter will be received by the FBI on October 2 (see October 2, 2001). [Associated Press, 5/16/2004]

Entity Tags: Ayaad Assaad

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

The New York Times publishes an article by Sheryl Gay Stolberg entitled, “Some Experts Say US Is Vulnerable to a Germ Attack.” The article claims that the US “is inadequately prepared to confront bioterrorist attacks, according to a broad range of health experts and officials. The nation must develop new vaccines and treatments, they say, but it must also fortify its fragile public health infrastructure, the first line of defense in detecting and containing biological threats.” It further notes that since 9/11, “much of the discussion about bioterrorism has centered on a shortage of antibiotics and vaccines. But the bigger problem, officials agree, is a lack of basic public health infrastructure and preparedness that could thwart a terror attack or limit its effects. Doctors are poorly trained to recognize symptoms of infection with possible biological weapons, like plague and anthrax, which can resemble the flu.” Asha George, an expert on biological warfare, says, “We are not going to have a bomb fly out of the sky and land on somebody so that we can say, ‘Look, there’s a bomb, and we are all dying of anthrax.’ It is most likely going to be a covert release, and people will get sick and go to their hospitals, and the public health system will have to pick up on this.” Ironically, at the time this article is published, the 2001 anthrax attacks (see October 5-November 21, 2001) have already begun and some people have started to get sick but have not been properly identified as having anthrax infections (see September 22-October 2, 2001). The article notes that since shortly after 9/11, the Centers for Disease Control and Prevention have alerted state and local health departments to look for signs of illnesses that could be from a chemical or biological attack. The article also notes, “In the wake of the [9/11] attacks, some members of the public have developed intense fears of germ warfare, and are trying to stock up on their own supplies.” [New York Times, 9/30/2001]

Entity Tags: Asha George

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

After the October 2001 anthrax attacks (see October 5-November 21, 2001), government spending on bioweapons research skyrockets. For instance, the National Institutes of Health (NIH) spends $53 million on bioweapons research in 2001 and more than $1.6 billion in 2008. A total of more than $20 billion is spent on the field of research in the US from 2001 to 2008. When all projects underway in 2008 are completed, there will be ten times more space for working with the most dangerous substances, and thousands of additional scientists are working with deadly bioweapons agents. In 2008, research scholar Elisa Harris will comment that this surge in research using deadly germs “suggests that our biodefense program risks creating the very threat it is meant to fight.” [New York Times, 8/11/2008]

Entity Tags: United States National Institutes of Health, Elisa Harris

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

The “anti-terrorism” Patriot Act is introduced in Congress on October 2, 2001 (see October 2, 2001), but it is not well received by all. [US Congress, 10/2/2001] One day later, Senate Majority Leader and future anthrax target Tom Daschle (D-SD) says he doubts the Senate will take up this bill in the one week timetable the administration wants. As head of the Senate, Daschle has great power to block or slow passage of the bill. Attorney General John Ashcroft accuses Senate Democrats of dragging their feet. [Washington Post, 10/3/2001] On October 4, Senate Judiciary Committee Chairman and future anthrax target Patrick Leahy (D-VT) accuses the Bush administration of reneging on an agreement on the bill. Leahy is in a key position to block or slow the bill. Some warn that “lawmakers are overlooking constitutional flaws in their rush to meet the administration’s timetable.” Two days later, Ashcroft complains about “the rather slow pace…over his request for law enforcement powers… Hard feelings remain.” [Washington Post, 10/4/2001] The anthrax letters to Daschle and Leahy are sent out between October 6-9 as difficulties in passing the Patriot Act continue (see October 6-9, 2001).

Entity Tags: John Ashcroft, Tom Daschle, USA Patriot Act, Patrick J. Leahy

Timeline Tags: Civil Liberties, 2001 Anthrax Attacks

Robert Stevens.Robert Stevens. [Source: Associated Press]The first case of anthrax infection, of Robert Stevens in Florida, is reported in the media (see October 3, 2001). Letters containing anthrax will continue to be received until October 19. After many false alarms, it turns out that only a relatively small number of letters contain real anthrax (see October 5-November 21, 2001). [South Florida Sun-Sentinel, 12/8/2001] In 2004, Washington Post columnist Richard Cohen will recall how a widespread sense of panic spread across the US over the next few weeks, as millions felt the anthrax could target them next. He will write, “People made anthrax-safe rooms, and one woman I know of had a mask made for her small dog. I still don’t know if that was a touching gesture or just plain madness.” He says, “The [9/11] terrorist attacks coupled with the anthrax scare unhinged us a bit—or maybe more than a bit.” But he will also mention that the panic quickly passed and was largely forgotten by most people. [Washington Post, 7/22/2004] Columnist Glenn Greenwald will later comment in Salon, “After 9/11 itself, the anthrax attacks were probably the most consequential event of the Bush presidency. One could make a persuasive case that they were actually more consequential. The 9/11 attacks were obviously traumatic for the country, but in the absence of the anthrax attacks, 9/11 could easily have been perceived as a single, isolated event. It was really the anthrax letters—with the first one sent on September 18, just one week after 9/11—that severely ratcheted up the fear levels and created the climate that would dominate in this country for the next several years after. It was anthrax… that created the impression that social order itself was genuinely threatened by Islamic radicalism.” [Salon, 8/1/2008]

Entity Tags: Tom Daschle, Patrick J. Leahy, NBC, Glenn Greenwald, New York Post, Richard Cohen

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, 2001 Anthrax Attacks, US Domestic Terrorism

The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. [Source: Reuters and Associated Press] (click image to enlarge)Two waves of letters containing anthrax are received by media outlets including NBC and the New York Post (see September 17-18, 2001), and Democratic senators Tom Daschle and Patrick Leahy (see October 6-9, 2001). The letters sent to the senators both contain the words “Death to America, Death to Israel, Allah is Great.” Five people die:
bullet October 5: Robert Stevens, 63, an employee at the Sun, a tabloid based in Florida.
bullet October 21: Thomas Morris Jr., 55, a postal worker in Washington, DC.
bullet October 22: Joseph Curseen Jr., 47, a postal worker in Washington, DC.
bullet October 31: Kathy Nguyen, 61, a hospital employee in New York City.
bullet November 21: Ottilie Lundgren, 94, of Oxford, Connecticut.
At least 22 more people get sick but survive. Thirty-one others test positive for exposure. As a result of these deaths and injuries, panic sweeps the nation. On October 16, the Senate office buildings are shut down, followed by the House of Representatives, after 28 congressional staffers test positive for exposure to anthrax (see October 16-17, 2001). A number of hoax letters containing harmless powder turn up, spreading the panic further. [South Florida Sun-Sentinel, 12/8/2001; Associated Press, 8/7/2008] Initially it is suspected that either al-Qaeda or Iraq are behind the anthrax letters (see October 14, 2001, October 15, 2001, October 17, 2001, and October 18, 2001). [Observer, 10/14/2001; BBC, 10/16/2001] However, by November, further investigation leads the US government to conclude that, “everything seems to lean toward a domestic source.… Nothing seems to fit with an overseas terrorist type operation (see November 10, 2001).” [Washington Post, 10/27/2001; St. Petersburg Times, 11/10/2001]

Entity Tags: Iraq, Federal Bureau of Investigation, Patrick J. Leahy, Tom Daschle, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

The message of the anthrax letter addressed to Tom Daschle.The message of the anthrax letter addressed to Tom Daschle. [Source: FBI]On October 9, two letters containing deadly anthrax spores are postmarked. One letter is sent to Senator Tom Daschle (D-SD) and the other is sent to Senator Patrick Leahy (D-VT). The letters are sent from a mailbox in Trenton, New Jersey. They could be sent any time after 5 p.m. on October 6 (the last pick up on the day, a Saturday), and before 5 p.m. on October 9. (There is no pickup on October 7, a Sunday, and October 8 is Columbus Day.) The letter to Daschle is opened by one of his staffers on October 15 (see October 15, 2001). It contains the message:
bullet 09-11-01
bullet YOU CAN NOT STOP US.
bullet WE HAVE THIS ANTHRAX.
bullet YOU DIE NOW.
bullet ARE YOU AFRAID?
bullet DEATH TO AMERICA.
bullet DEATH TO ISRAEL.
bullet ALLAH IS GREAT.
The writing is the same slanted, block style used in the earlier wave of anthrax letters (see September 17-18, 2001), and the content of the message is very similar. The letter to Leahy is mis-routed and not discovered until mid-November (see October 15, 2001). It contains the exact same message. Unlike the earlier wave of letters, both of these letters contain return addresses, but to bogus addresses in other New Jersey towns. The anthrax in the letters is also deadlier than the anthrax in the earlier letters. [Vanity Fair, 9/15/2003]

Entity Tags: Patrick J. Leahy, Tom Daschle

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

On October 9, 2001, Senator Russ Feingold (D-WI) blocks an attempt to rush the Patriot Act to a vote with little debate and no opportunity for amendments. He criticizes the bill as a threat to civil liberties. [Associated Press, 10/10/2001] One day earlier, in the story “Cracks in Bipartisanship Start to Show,” the Washington Post reported, “Congress has lost some of the shock-induced unity with which it first responded to the [9/11] attacks.” [Washington Post, 10/8/2001] Also on October 9, identical anthrax letters are postmarked in Trenton, New Jersey, with lethal doses to Senators Tom Daschle and Patrick Leahy. Inside both letters are the words, “Death to America, Death to Israel, Allah is Great” (see October 15, 2001). [Associated Press, 8/7/2008]

Entity Tags: Russell D. Feingold, USA Patriot Act

Timeline Tags: Civil Liberties, 2001 Anthrax Attacks

The FBI allows the original batch of the Ames strain of anthrax to be destroyed, making tracing the type of anthrax used in the recent anthrax attacks (see October 5-November 21, 2001) more difficult. The Ames strain actually originates from a dead cow in Texas, but Iowa State University in Ames has kept many vials of Ames and other anthrax strains collected over more than seven decades. This entire collection is destroyed. It is unclear who wanted the collection destroyed or why. The FBI learned the anthrax used in the attack letters was the Ames strain on October 5 (see October 5, 2001), but this will not be publicly confirmed until October 25. The FBI denies it approved the destruction and say they only did not oppose it, but university officials say the FBI gave explicit approval. [New York Times, 11/9/2001; South Florida Sun-Sentinel, 12/8/2001] The Ames strain is one of 89 known varieties of anthrax and is commonly used in US military research. The Washington Post will later report that “The [Ames strain identification], as compelling as a human fingerprint, shifted suspicion away from al-Qaeda and suggested another disturbing possibility: that the anthrax attacks were the work of an American bioweapons insider.” The identification of the Ames strain focuses much attention on two top US Army bioweapons laboratories in particular that have heavily used Ames: USAMRIID in Maryland and Dugway Proving Ground in Utah (see Late 2001). [Washington Post, 9/14/2003]

Entity Tags: Dugway Proving Ground, United States Army Medical Research Institute of Infectious Diseases, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

Vice President Dick Cheney suggests al-Qaeda could be behind the recent anthrax attacks (see October 5-November 21, 2001). Cheney tells PBS: “We know that [Osama bin Laden] has over the years tried to acquire weapons of mass destruction, both biological and chemical weapons. We know that he’s trained people in his camps in Afghanistan. For example, we have copies of the manuals that they’ve actually used to train people with respect to how to deploy and use these kinds of substances. So, you start to piece it altogether. Again, we have not completed the investigation and maybe it’s coincidence, but I must say I’m a skeptic.” He adds, “I think the only responsible thing for us to do is proceed on the basis that it could be linked.” [BBC, 10/13/2001] A senior FBI official will claim in 2008 that this comment came shortly after the FBI told the White House that the anthrax strain was most likely too technically advanced to have been made by al-Qaeda (see Shortly After October 5, 2001).

Entity Tags: Al-Qaeda, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks

The Observer reports that investigators of the anthrax attacks (see October 5-November 21, 2001) believe Iraq is the prime suspect. One CIA source says, “They aren’t making this stuff in caves in Afghanistan. ‘This is prima facie evidence of the involvement of a state intelligence agency. Maybe Iran has the capability. But it doesn’t look likely politically. That leaves Iraq.” [Observer, 10/14/2001] However, this theory only remains the predominant one for a few days. On October 19, the New York Times is dismissive of the Iraq theory and suggests al-Qaeda or a disgruntled American loner could be behind the attacks instead (see October 19, 2001). In November, the American loner theory will become predominant (see November 10, 2001). But in late 2002, with war against Iraq growing increasingly likely, the Iraq theory appears to make a comeback (see October 28, 2002).

Timeline Tags: Events Leading to Iraq Invasion, 2001 Anthrax Attacks

The envelope to the Tom Daschle letter.The envelope to the Tom Daschle letter. [Source: FBI]Two Democratic senators are targets of the 2001 anthrax attacks (see October 5-November 21, 2001). On this day, Senator Tom Daschle’s office opens a letter mailed October 9, containing a lethal dose of anthrax (see October 6-9, 2001). A similar letter to Senator Patrick Leahy mailed the same day and from the same location is misrouted to Virginia on October 12, and is not discovered until November 17. Neither Leahy nor Daschle come into contact with the anthrax, but some of Daschle’s staffers do. [South Florida Sun-Sentinel, 12/8/2001]

Entity Tags: P. Patrick Leahy, Tom Daschle

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

Twenty-eight congressional staffers test positive for anthrax. The Senate office buildings are shut down, followed by the House of Representatives. [South Florida Sun-Sentinel, 12/8/2001] None of the staffers are killed by the anthrax attacks (see October 5-November 21, 2001).

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Vice President Cheney chairs a National Security Council meeting because President Bush is overseas. According to journalist Bob Woodward, who later interviews many participants in the meeting, the topic of the recent anthrax attacks is discussed (see October 5-November 21, 2001). CIA Director George Tenet suggests that al-Qaeda is behind the attacks. He also adds, “I think there’s a state sponsor involved. It’s too well thought out, the powder’s too well refined. It might be Iraq, it might be Russia, it might be a renegade scientist,” perhaps from Iraq or Russia. Vice President Cheney’s chief of staff I. Lewis Libby also suggests the anthrax attacks were state sponsored. “We’ve got to be careful on what we say. If we say it’s al-Qaeda, a state sponsor may feel safe and then hit us thinking they will have a bye because we’ll blame it on al-Qaeda.” Tenet replies, “I’m not going to talk about a state sponsor.” Vice President Cheney comments, “It’s good that we don’t, because we’re not ready to do anything about it.” [Woodward, 2002, pp. 244] No strong evidence will emerge tying the attacks to al-Qaeda or any state sponsor. The anthrax attacks still remain completely unsolved.

Entity Tags: George J. Tenet, Bob Woodward, National Security Council, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 2001 Anthrax Attacks

Senator John McCain (R-AZ) appears on the Late Show with David Letterman. Asked on how the recent US invasion of Afghanistan is progressing, McCain says, “I think we’re doing fine… The second phase… the second phase is Iraq. There is some indication, and I don’t have the conclusions, but some of this anthrax may—and I emphasize may—have come from Iraq.… If that should be the case, that’s when some tough decisions are gonna have to be made.” [Think Progress, 8/1/2008]

Entity Tags: John McCain

Timeline Tags: Events Leading to Iraq Invasion, 2001 Anthrax Attacks

Former US soldier and UN weapons inspector Scott Ritter decries efforts to blame the recent anthrax attacks (see October 5-November 21, 2001) on the Iraqi government. Ritter was a UN weapons inspector in Iraq until 1998, when inspections stopped. He points out that during these inspections, Iraq’s biological weapons programs were completely dismantled. For instance, al Hakum, Iraq’s biological weapons production facility where all its anthrax was produced, was blown up and all its equipment was destroyed (see 1998). He also says that when Iraq did have an anthrax program, it exclusively used the Vollum strain of anthrax, whereas evidence already points to the likelihood that the anthrax attacks used the US-based Ames strain. Ritter concludes: “Those who have suggested that Iraq is the source of the anthrax used in the current attacks—including Richard Butler, a former chairman of the UN weapons inspection effort—merely fan the flames of fear and panic. There is no verifiable link whatever and it is irresponsible for someone of Mr Butler’s stature to be involved in unsubstantiated speculation.” [Guardian, 10/19/2001]

Entity Tags: Scott Ritter, Richard Butler

Timeline Tags: 2001 Anthrax Attacks

White House Press Secretary Ari Fleischer makes a comment about the recent anthrax attacks (see October 5-November 21, 2001). He says: “There is a suspicion that this is connected to international terrorists. Having said that, investigators also do not rule out that it could be something domestic, that it could be a lone person operating doing this, or it could be terrorism. The suspicion is that it is terrorism, but there is no hard evidence yet at this point to lead anybody who is investigating these matters to reach a conclusion on any of these sources.” [Voice of America, 10/23/2001] The same day, House Minority Leader Richard Gephardt (D-MO) echoes Fleisher’s comment and links the attacks to overseas terrorists. He says, “I don’t think there’s a way to prove that, but I think we all suspect that.” [US Department of State, 10/23/2001] In 2004, Washington Post columnist Richard Cohen will say that, at the time it was widely believed that the anthrax attacks were somehow connected to the 9/11 attacks several weeks before. He will cite Fleischer and Gephardt’s comments as one reason why so many made the connection. [Washington Post, 7/22/2004]

Entity Tags: Ari Fleischer, Richard Cohen, Richard Gephardt

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks

The House of Representatives passes the final version of the Patriot Act and other previously unpopular Bush administration projects: Alaska oil drilling, $25 billion in tax cuts for corporations, taps into Social Security funds, and cuts in education. [CNN, 10/25/2001] Republican Congressman Ron Paul states: “It’s my understanding the bill wasn’t printed before the vote—at least I couldn’t get it. They played all kinds of games, kept the House in session all night, and it was a very complicated bill. Maybe a handful of staffers actually read it, but the bill definitely was not available to members before the vote.” It is later found that only two copies of the bill were made available in the hours before its passage, and most House members admit they voted for the act without actually reading it first. [Insight, 11/9/2001] Two days later, the Senate will pass the final version of the Patriot Act. Anthrax targets Senators Tom Daschle and Patrick Leahy (see October 15, 2001) now support the bill. President Bush signs it into law the same day (see October 26, 2001). [Fox News, 10/26/2001]

Entity Tags: Tom Daschle, Patrick J. Leahy, Ron Paul

Timeline Tags: Civil Liberties, 2001 Anthrax Attacks

Maj. Gen. John Parker.Maj. Gen. John Parker. [Source: Public domain]On October 25, 2001, Homeland Security Director Tom Ridge tells reporters that the anthrax used in a letter sent to Sen. Tom Daschle (D-SD) was “highly concentrated” and “pure” and that a binding material was used, resulting in small spore clusters that are more easily spread. In contrast, the anthrax in a letter sent to the New York Post was coarser and less concentrated. Both letters used the same Ames strain of anthrax bacterium. (The Post letter was part of a less sophisticated first wave of letters (see September 17-18, 2001) and the Daschle letter was from the second wave (see October 6-9, 2001).) On October 29, Major General John Parker, commanding general of USAMRIID, the US Army’s top bioweapons laboratory, makes similar comments at a White House briefing. He says silica was found in the Daschle letter anthrax and the anthrax spore concentration in the Daschle letter was ten times that of the New York Post letter. The presence of a binding agent like silica supports theories that the anthrax used in the attacks was “weaponized” (highly sophisticated and deadly) and more likely made by a government team than a single individual. But in 2006, the FBI will reverse course and say there was no silica or any other type of binding agent in any of the anthrax letters (see August 2006). An anonymous former government official will later claim, “Those judgments were premature and frankly wrong.” He will say that top government officials with no scientific background received briefings from people who also were not scientists and “the nuances got lost.” [Chemical and Engineering News, 12/4/2006] But the idea of the data being lost in translation does not jibe with Parker’s comments at the time, especially since Parker is a qualified scientist. For instance, he says, “I have looked at the specimen under the microscope, both the electron microscope and the scanning microscope, and I can say that the sample was pure spores.” [ABC News, 11/1/2001]

Entity Tags: Tom Ridge, John Parker

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Appeals Court Judge Sonia Sotomayor delivers a lecture at the University of California at Berkeley School of Law. Sotomayor, whose parents are Puerto Rican, speaks on the subject of Hispanics in the judiciary and her own experience as a Latina (Hispanic woman) jurist. After noting the tremendous cultural and ethnic diversity among Hispanics, and citing the ascension of increasing numbers of Hispanics and women to the judiciary, Sotomayor addresses the issue of judges acting without regard for their ethnic heritage or gender. “[J]udges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law,” she says, and notes that while she tries to aspire to that goal: “I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. Whatever the reasons why we may have different perspectives, either as some theorists suggest because of our cultural experiences or as others postulate because we have basic differences in logic and reasoning, are in many respects a small part of a larger practical question we as women and minority judges in society in general must address. I accept the thesis… that in any group of human beings there is a diversity of opinion because there is both a diversity of experiences and of thought.… I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that—it’s an aspiration because it denies the fact that we are by our experiences making different choices than others.” She adds: “Justice [Sandra Day] O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases.… I am also not so sure that I agree with the statement. First… there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life. Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I… believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable.… However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench.” [National Council of La Raza Law Journal, 10/2001; ABC News, 10/26/2001 pdf file; New York Times, 5/14/2009] After Sotomayor is nominated to the Supreme Court (see May 26, 2009), many critics will use this speech to accuse her of racism (see May 26, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, and June 3, 2009).

Entity Tags: University of California at Berkeley School of Law, Sonia Sotomayor, US Supreme Court

Timeline Tags: Civil Liberties

The US government no longer thinks al-Qaeda is behind the anthrax attacks (see October 5-November 21, 2001). The Washington Post reports in a front-page story: “Top FBI and CIA officials believe that the anthrax attacks… are likely the work of one or more extremists in the United States who are probably not connected to Osama bin Laden’s al-Qaeda terrorist organization, government officials said yesterday.” An unnamed senior official adds, “Everything seems to lean toward a domestic source… Nothing seems to fit with an overseas terrorist type operation.” The Post suggests neo-Nazi and/or right-wing hate groups could be behind it. [Washington Post, 10/27/2001] Not long after, the FBI releases a profile of the perpetrator of the anthrax attacks. He is suspected of being a lone, male domestic terrorist, with a scientific background and laboratory experience who could handle hazardous materials. [St. Petersburg Times, 11/10/2001]

Entity Tags: Central Intelligence Agency, Osama bin Laden, Federal Bureau of Investigation, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

Robert Bartley, conservative editor of The Wall Street Journal, writes an editorial in his newspaper strongly suggesting that Iraq is behind the recent anthrax attacks (see October 5-November 21, 2001). He cites former CIA Director James Woolsey, who says the possibility should be considered that “the attacks—whether perpetrated by bin Laden and his associates or by others—were sponsored, supported, and perhaps even ordered by Saddam Hussein.” He also draws on the controversial and eventually discredited theories of Laurie Mylroie, for instance claiming that Iraq was behind the 1993 WTC bombing (see February 26, 1993), and the controversial and eventually discredited reports that 9/11 hijacker Mohamed Atta met with an Iraqi spy in Prague. He concludes, “Saddam Hussein has the motive, means and opportunity to mount terrorism, and the anthrax attacks fit his modus operandi. There is plenty of reason to presume he’s behind the current attacks, with bin Laden and his al-Qaeda network as a front or ally. In any event, given his capabilities and intentions, he remains a threat to American lives as long as he’s at large.” [Wall Street Journal, 10/29/2001]

Entity Tags: Laurie Mylroie, Robert Bartley, James Woolsey

Timeline Tags: 2001 Anthrax Attacks

White House lawyers have become impatient with the interagency group’s (see Shortly Before September 23, 2001) less than full endorsement of the use of military commissions to try suspected terrorists. By late October, Timothy E. Flanigan takes the task of designing a strategy for prosecuting terrorists away from the group and proceeds to focus on military commissions as the only preferable option. The White House lawyers now work more in secret, excluding many agencies and most of the government’s experts in military and international law, but together with the lawyers of the Office of Legal Counsel (OLC), with the intention of drafting a presidential military order. [New York Times, 10/24/2004] There is a remarkable secrecy surrounding the drafting process (see November 11-13, 2001). Both Attorney General John D. Ashcroft and his deputy, Larry D. Thompson, are closely consulted. But the head of the Justice Department’s Criminal Division, Michael Chertoff is kept out of the loop. Secretary of Defense Donald H. Rumsfeld is informed through his general counsel, William J. Haynes. Other Pentagon experts, however, are excluded. [New York Times, 10/24/2004] When the order is signed (see November 13, 2001), many express surprise. “That came like a bolt from the blue,” a former Pentagon official says. “Neither I nor anyone I knew had any insight, any advance knowledge, or any opportunity to comment on the president’s military order.” [Guardian, 6/9/2004] “I can’t tell you how compartmented things were,” retired Rear Adm. Donald J. Guter, the Navy’s Judge Advocate General, later recalls. “This was a closed administration.” [New York Times, 10/24/2004]

Entity Tags: Larry D. Thompson, John Ashcroft, Michael Chertoff, Donald J. Guter, Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

The Geneva Conventions are mentioned in a memo issued the day after the publication of the Heritage Foundation paper (see November 5, 2001), but only to suggest that suspected terrorists should not be entitled to the rights enclosed in them. Patrick F. Philbin, a deputy in the OLC, sends a confidential 35-page memo to the White House legal counsel Gonzales, arguing that the president, as Commander-in-Chief, has “inherent authority” to establish military commissions without authorization from the US Congress. The 9/11 attacks are themselves “plainly sufficient” to justify the application of the laws of war. Furthermore, putting terrorists on trial under the laws of war, “does not mean,” according to Philbin, “that terrorists will receive the protections of the Geneva Conventions or the rights that laws of war accord to lawful combatants.” The Philbin memo will serve as a basis for a Presidential order (see November 13, 2001) establishing the option of military commissions, which will be drafted by Deputy White House Counsel Timothy E. Flanigan and David S. Addington, the legal counsel to Vice President Cheney. [New York Times, 10/24/2004]

Entity Tags: Patrick F. Philbin, Alberto R. Gonzales

Timeline Tags: Torture of US Captives

In a speech, President Bush refers to the 9/11 attacks as the “first attack,” and then discusses the recent anthrax attacks (see October 5-November 21, 2001). “The second attack against America came in the mail. We do not know whether this attack came from the same terrorists. We don’t know the origin of the anthrax. But whoever did this unprecedented and uncivilized act is a terrorist.” [New York Times, 11/8/2001]

Entity Tags: George W. Bush

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

William J. Haynes.William J. Haynes. [Source: US Defense Department]William J. Haynes, Defense Secretary Donald Rumsfeld’s general counsel, shows a draft of a presidential order establishing military commissions to Colonel Lawrence J. Morris, a judge advocate general (JAG) attorney with strong experience in military justice and the laws of war. Morris heads a Pentagon legal team that has so far been excluded from the discussion on how suspected terrorists should be prosecuted. Col. Morris is given just 30 minutes to read the draft but is not allowed to keep a copy or even take notes. The next day, the Army’s Judge Advocate General, Major General Thomas J. Romig, hastily convenes a meeting of Pentagon lawyers to prepare suggestions for improvement, with an eye on bringing the order closer to existing military legal standards. The final order, however, includes none of the lawyer’s recommendations. “They hadn’t changed a thing,” a military official will later recall. [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: Lawrence J. Morris, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Th Los Angeles Times reports, “The FBI is increasingly convinced that the person behind the recent anthrax attacks is a lone wolf within the United States who has no links to terrorist groups but is an opportunist using the Sept. 11 hijackings to vent his rage…” The FBI is said to base this conclusion on “case studies, handwriting and linguistic analysis, forensic data and other evidence.” FBI investigators say they are looking for “an adult male with at least limited scientific expertise who was able to use laboratory equipment easily obtained for as little as $2,500 to produce high-quality anthrax.” They believe he is an “anti-social loner” who “has little contact with the public and carries deep-seated resentments but does not like direct confrontation.” However, these investigators admit that psychological profiling is a rough science, especially since they have little more than a small number of words written on the anthrax-laced letters. The letters appear to have tried to frame Muslims for the attacks. For instance, each letter contains the phrase “Allah is great.” Investigators say they are not completely ruling out an overseas connection to the letters, such as an Iraqi or Russian connection, but they consider it very unlikely. Investigators have not explained why they are so confident the attacks were caused by only one person. [Los Angeles Times, 11/10/2001]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]

Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper

Timeline Tags: Civil Liberties

Asif Kasi.Asif Kasi. [Source: New York Times / Jessica Kourkounis]The FBI investigates three Pakistani-born city officials in Chester, Pennsylvania, for possible roles in the recent anthrax attacks (see October 5-November 21, 2001). The three are Asif Kazi, an accountant in the city’s finance department, Dr. Irshad Shaikh, the city’s health commissioner, and his brother Dr. Masood Shaikh, who runs the city’s lead-abatement program. Kazi is in his city hall office when FBI agents burst in and interrogate him. He is questioned for hours about an unknown liquid he had been seen carrying out of his house. In fact, the dishwasher had broken down and he was bailing out his kitchen. Meanwhile, agents with drawn guns knock down the front door to his house while his wife is cooking in the kitchen. Dozens of boxes are carried out of the house. Agents in bioprotection suits also search the Shaikh brothers’ house and carry away their computers. None of the three ever had any connection to anthrax and none of them are arrested. The searches are national news for several days, severely damaging their reputations. Three days after the raid, an FBI agent tells the Washington Post that the raid did not pan out. The FBI learns that a disgruntled employee had called in a bogus tip. But the FBI never publicly clears them. [Washington Post, 11/15/2001; Newsweek, 8/4/2002; New York Times, 8/9/2008] Even a year later, an FBI spokesperson says the raids are still “a pending matter.” [Associated Press, 9/5/2002] Trouble for the three men will continue. The Shaikh brothers’ applications for US citizenship is blocked, their visas run out, and they both eventually have to leave the US. Kazi is already a US citizen, but he is put on a no-fly watch list. He is searched and interrogated for a couple of hours every time he travels in or out of the US. His name will finally be taken off the list in 2007. [New York Times, 8/9/2008]

Entity Tags: Asif Kazi, Masood Shaikh, Irshad Shaikh, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004]
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [Savage, 2007, pp. 138]
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [New York Times, 10/24/2004]
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [New York Times, 10/24/2004]
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).

Entity Tags: George W. Bush, John Bellinger, Donald Rumsfeld, Colin Powell, Condoleezza Rice, David S. Addington, Alberto R. Gonzales, William J. Haynes, Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Civil Liberties

In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives

President Bush’s order to establish military tribunals, or commissions, to try suspected terrorists (see November 13, 2001) is defended by Vice President Cheney, who tells reporters that the suspects subjected to such tribunals “don’t deserve to be treated as prisoners of war. They don’t deserve the same guarantees and safeguards we use for an American citizen.” Law professor Douglas Kmiec agrees. “This is the answer for what we’re dealing with: unlawful belligerents who do not come within our constitutional structure,” he says. “The president’s order is not extraordinary when one places it in the context of historic military campaigns.” Civil libertarians and administration critics disagree. Representative John Conyers (D-MI) says military commissions are based on the “thinnest legal precedents” and would “antagonize our allies and alienate the many legal immigrants in this country.” Law professor Anne-Marie Slaughter notes: “President Bush has said this is a war to bring terrorists to justice. So the real question is, what’s justice? That requires a fair trial and proof beyond a reasonable doubt, and that is not the aim of a military tribunal.” A better option, she says, would be convening an international war crimes tribunal. And law professor Joshua Rosenkranz says: “There is a natural temptation to hunker down whenever we are in crisis. But there is a danger that this hysteria-driven effort to protect to ourselves is weakening the foundations of our democracy.” [USA Today, 11/15/2001]

Entity Tags: Richard (“Dick”) Cheney, Anne-Marie Slaughter, Douglas Kmiec, Joshua Rosenkranz, John Conyers, George W. Bush

Timeline Tags: Civil Liberties

The UN Special Rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, sends an urgent appeal to Washington regarding President Bush’s November 13 military order (see November 13, 2001). [BBC Radio 4, 7/13/2003]

Entity Tags: Param Cumaraswamy, Colin Powell, George W. Bush

Timeline Tags: Torture of US Captives

Suspected al-Qaeda operative Mohammed Saad Iqbal Madni (see Early January-January 9, 2002) flies from Pakistan to Jakarta, where he used to live as a teenager. He allegedly worked on a shoe bomb plot with Richard Reid (see December 22, 2001). [Washington Post, 3/11/2002] He will soon be arrested by Indonesian authorities at the request of the CIA (see Early January-January 9, 2002).

Entity Tags: Mohammed Saad Iqbal Madni

Timeline Tags: Torture of US Captives

Scorching criticism of President Bush’s Executive Order (see November 13, 2001) comes from the Center for National Security Studies, which says it “violates separation of powers as the creation of military commissions has not been authorized by the Congress and is outside the president’s constitutional powers.” The order is also an “unconstitutional attempt to suspend the writ of habeas corpus.” [Center for National Security Studies, 11/19/2001] Law professor Kathleen Clark similarly states: “These military tribunals are troubling in many respects, particularly in their denial of basic due process protection for defendants. But even apart from this question of civil liberties, this presidential order is unconstitutional because the president lacks the authority under the constitution and statutory law to create this kind of court.” [Center for Democracy and Technology, 11/19/2001]

Entity Tags: Kathleen Clark, Center for National Security Studies

Timeline Tags: Torture of US Captives, Civil Liberties

A USAMRIID technician opening one of the anthrax letters in December 2001.A USAMRIID technician opening one of the anthrax letters in December 2001. [Source: Agence France-Presse / Getty Images]A front-page Washington Post story suggests that the Ames strain of anthrax used in the recent anthrax attacks (see October 5-November 21, 2001) likely originated from USAMRIID, the US Army’s top biological laboratory at Fort Detrick, Maryland, and was shared with only a small number of other labs. USAMRIID gave it to the Battelle Memorial Institute, in Columbus, Ohio; the University of New Mexico Health Sciences Center, in Albuquerque, New Mexico; the Defense Research Establishment Suffield, in Canada; the US Army Dugway Proving Ground, in Utah; and the Chemical Defense Establishment at Porton Down, Britain. These in turn sent it to seven more labs, for a total of a dozen. But only five labs received the virulent form, and some of these may have received strains that were too old to have been the Anthrax used in the mailings, since it is known the anthrax used was two years old or less. [Washington Post, 11/30/2001; New York Times, 6/23/2002]

Entity Tags: United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

Shortly after the October 2001 anthrax attacks (see October 5-November 21, 2001), suspicions focus on USAMRIID, the US Army’s top biological laboratory, as one of the few places where people would have the skills to make the anthrax. In December 2001, one USAMRIID scientist raises the issue of possible anthrax contamination in the lab. Another USAMRIID scientist, Bruce Ivins, takes it upon himself to investigate. He discovers traces of anthrax near his desk, which is away from the lab facilities where he and others work with anthrax and other dangerous substances. He swabs the area clean and decontaminates it. Then he delays filing a report about this for three months. The FBI is suspicious of this, and begins to consider Ivins as a possible suspect. But in sworn statements to the Army in May 2002, Ivins says he avoided filing a report because he did not want to cause an uproar in the facility with people worrying that they were contaminated. He also suggests that a sloppy lab technician could have spread anthrax from secured work spaces to unsecured ones including the desk area. The Army finishes a 300-plus page report that same month. The report concludes the anthrax contamination was accidental and not potentially deadly, and no discipline is recommended against anyone. But after Ivins’s death in 2008, the unnamed officer who wrote the report will say: “Of course I think [Ivins’s cleaning of the area] was a cover-up.… He was trying to clean up the material” used in the anthrax letters. The report is made available to the FBI, but it is unknown if the FBI makes use of it at the time. By this time, the FBI is more interested in investigating former USAMRIID scientist Steven Hatfill and they put aside their concerns about Ivins. Instead, Ivins remains deeply involved in assisting the FBI’s anthrax investigation (see April 2002). [ABC News, 8/1/2008; Los Angeles Times, 8/15/2008]

Entity Tags: Bruce Ivins, United States Army Medical Research Institute of Infectious Diseases, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

Tom Ridge, Director of Homeland Security, warns that terrorist strikes “could happen within the next few weeks.” Ridge states that “the quantity and level of threats… have reached a threshold where we should once again place the public on general alert.” He describes the terrorists as “shadow soldiers… a shadow enemy.” [MotherJones, 12/3/2001] Richard Reid does attempt to blow up an airplane with a shoe-bomb later in the month (see December 22, 2001).

Entity Tags: Tom Ridge, US Department of Homeland Security

Timeline Tags: Complete 911 Timeline

Saajid Badat.Saajid Badat. [Source: BBC]Saajid Badat, a radical Muslim recruited to perform a shoe bombing on a transatlantic flight (see November 20, 2001), backs out of the plot. Although he already has a ticket to travel from Manchester to Amsterdam and then to the US for December 21, he sends his handler in Pakistan a short coded message saying he cannot go through with the attack. He hides the detonator and the explosive at his home, but, after his partner Richard Reid is arrested (see December 22, 2001), police will uncover Belgian telephone cards he had used to keep in touch with a local contact they had shared in Brussels, Nizar Trabelsi. The police will arrest Badat in November 2003 and in April 2005 he will be sentenced to 13 years in jail. The length of the sentence will reflect the co-operation he provides to police. [BBC News, 4/22/2005; O'Neill and McGrory, 2006, pp. 231-232]

Entity Tags: Saajid Badat, Nizar Trabelsi

Timeline Tags: Complete 911 Timeline

The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton.The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton. [Source: Richard Smith]In mid-October 2001, investigators mistakenly believe that the anthrax letters were mailed from somewhere in West Trenton, New Jersey and are said to have narrowed down the location of the mailbox to a one square mile radius. [New York Times, 10/19/2001] But around December 2001, contamination at a New Jersey postal processing center indicates that the letters in the anthrax attacks (see October 5-November 21, 2001) had been mailed on one of a limited number of routes near Princeton, New Jersey. However, seven months pass before FBI investigators test hundreds of mailboxes and identify the mailbox where the letters were mailed from. Congressman Rush Holt (D-NJ), whose congressional district includes the area where the letters were mailed from, will later say that he was surprised by how slow and shoddy the investigation was. He will point out, “Within two days they could have dispatched 50 people to wipe all those mailboxes.” He will also say that he was surprised when anthrax was found in his Congressional office in October 2001, but investigators never returned to conduct systematic testing to trace the path of the anthrax spores. [New York Times, 8/4/2008] The FBI tests about 600 mailboxes for several weeks and finds and removes the right one in early August. It is located in Princeton, New Jersey, on the corner of Nassau and Bank Streets and opposite the Princeton University campus. [New York Times, 8/14/2002] However, there are doubts that the right mailbox was identified (see August 14, 2002).

Entity Tags: Rush Holt, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Ibn al-Shaykh al-Libi, captured by Pakistani forces six weeks earlier (see November 11, 2001), is handed over to US authorities at the Bagram air base in Afghanistan. Two FBI agents from New York are tasked with interrogating him. One of the agents, Russell Fincher, spends more than 80 hours with al-Libi discussing religion and prayer in an effort to establish a close bond. It works, and al-Libi opens up to Fincher, giving him information about Zacarias Moussaoui and the so-called shoe bomber, Richard Reid (see December 22, 2001). [Isikoff and Corn, 2006, pp. 120] But despite this progress, he will soon be transferred to Egypt and tortured there into making some false confessions (see January 2002 and After).

Entity Tags: Zacarias Moussaoui, Richard C. Reid, Ibn al-Shaykh al-Libi, Russell Fincher

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

The FBI is now investigating “whether potential profit from the sale of anthrax medications or cleanup efforts may have motivated” the anthrax attacks (see October 5-November 21, 2001). Battelle, a company doing anthrax work for the CIA, mostly at the Battelle Memorial Institute in Ohio, is the company most discussed in a Washington Post story about this. Dozens of scientists at Battelle have been interviewed by the FBI already because it is one of only a few places where weaponized anthrax has been made. [Washington Post, 12/21/2001] The story comes one day after ABC News reported a Battelle scientist is under investigation for the anthrax attacks, but that story is quickly denied (see September 18-28, 2001).

Entity Tags: Battelle, Battelle Memorial Institute, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Richard Reid’s shoe bomb.
Richard Reid’s shoe bomb. [Source: NEFA Foundation]British citizen Richard Reid is arrested for trying to blow up a Miami-bound jet using explosives hidden in his shoe. [Associated Press, 8/19/2002] Reid fails in his attempt to destroy the American Airlines jet because he is unable to detonate the explosives—he cannot get the fuse to light using matches, despite using up six of them before he is overpowered by the stewards and passengers. Authors Sean O’Neill and Daniel McGrory will comment, “Had Reid used a cheap disposable plastic cigarette lighter to ignite the fuse of his bomb, rather than a match that did not burn for long enough, forensic experts are sure there was enough plastic explosive in his boot to puncture the fuselage of Flight 63 and bring down the aircraft.” [O'Neill and McGrory, 2006, pp. 215-217, 236] The attack is supposed to be one of two simultaneous attacks, but Reid’s partner, Saajit Badat, backs out shortly before the bombing (see (December 14, 2001)). Reid will later plead guilty to all charges, and declare himself a follower of Osama bin Laden. [CBS News, 10/4/2002] He may have ties to Pakistan. [Washington Post, 3/31/2002] It is later believed that Reid and others in the shoe bomb plot reported directly to 9/11 mastermind Khalid Shaikh Mohammed (KSM). [CNN, 1/30/2003] It has been suggested that KSM has ties to the ISI, and that Reid is a follower of Ali Gilani, a religious leader believed to be working with the ISI (see January 6, 2002).

Entity Tags: Khalid Shaikh Mohammed, Daniel McGrory, Sean O’Neill, Richard C. Reid

Timeline Tags: Complete 911 Timeline

Deputy Assistant Attorney Generals Patrick Philbin and John Yoo send a memorandum to Pentagon General Counsel William J. Haynes offering the legal opinion that US courts do not have jurisdiction to review the detention of foreign prisoners at Guantanamo Bay. Therefore detentions of persons there cannot be challenged in a US court of law. The memo is endorsed by the Department of Defense and White House legal counsel Alberto Gonzales. [Newsweek, 5/24/2004] The memo addresses “the question whether a federal district court would properly have jurisdiction to entertain a petition for a writ of habeas corpus filed on behalf of an alien detained at the US naval base at Guantanamo Bay, Cuba.” The conclusion of Philbin and Yoo is that it cannot, based primarily on their interpretation of a decision by the US Supreme Court in the 1950 Eisentrager case, in which the Supreme Court determined that no habeas petition should be honored if the prisoners concerned are seized, tried, and held in territory that is outside of the sovereignty of the US and outside the territorial jurisdiction of any court of the US. Both conditions apply to Guantanamo according to Philbin and Yoo. Approvingly, they quote the US Attorney General in 1929, who stated that Guantanamo is “a mere governmental outpost beyond our borders.” A number of cases, quoted by the authors, “demonstrate that the United States has consistently taken the position that [Guantanamo Bay] remains foreign territory, not subject to US sovereignty.” Guantanamo is indeed land leased from the state of Cuba, and therefore in terms of legal possession and formal sovereignty still part of Cuba. But Philbin and Yoo acknowledge a problem with the other condition: namely that the territory is outside the US’s jurisdiction. They claim with certainty that Guantanamo “is also outside the ‘territorial jurisdiction of any court of the United States.’” However, the Supreme Court should not have made a distinction between jurisdiction and sovereignty here; the wording of the decision is really, Philbin and Yoo believe, an inaccurate reflection of its intent: “an arguable imprecision in the Supreme Court’s language.” For that reason, they call for caution. “A non-frivolous argument might be constructed, however, that [Guantanamo Bay], while not be part of sovereign territory of the United States, is within the territorial jurisdiction of a federal court.” [US Department of Justice, 12/28/2001 pdf file]

Entity Tags: John C. Yoo, Alberto R. Gonzales, Patrick F. Philbin, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Mohammed Saad Iqbal Madni.Mohammed Saad Iqbal Madni. [Source: Public domain]The CIA sends a request to Indonesia to arrest suspected 24-year old al-Qaeda operative Mohammed Saad Iqbal Madni and extradite him to Egypt. The CIA found his name in al-Qaeda documents obtained in Afghanistan. The agency believes that Iqbal, a Pakistani, worked with Richard Reid (see December 22, 2001), the Briton charged with attempting to blow up an American Airlines flight from Paris to Miami on December 22 with explosives in his shoes. A few days later, the Egyptian government sends Jakarta a formal request to extradite Madni in connection with terrorism, providing Indonesian authorities with a convenient cover for complying with the CIA request. On January 9, Iqbal is detained in Jakarta by Indonesia’s State Intelligence Agency at the insistence of the CIA. He is flown to Egypt two days later (see January 11, 2002). [Washington Post, 3/11/2002]

Entity Tags: Central Intelligence Agency, Mohammed Saad Iqbal Madni

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Ali Gilani.Ali Gilani. [Source: CNN]The Boston Globe reports that shoe bomber Richard Reid may have had ties with an obscure Pakistani group called Al-Fuqra. Reid apparently visited the Lahore, Pakistan, home of Ali Gilani, the leader of Al-Fuqra. [Boston Globe, 1/6/2002] Reporter Daniel Pearl reads the article and decides to investigate. [Vanity Fair, 8/2002] Pearl believes he is on his way to interview Gilani when he is kidnapped. [Pittsburgh Tribune-Review, 3/3/2002] A 1995 State Department report said Al-Fuqra’s main goal is “purifying Islam through violence.” [Vanity Fair, 8/2002] Intelligence experts now say Al-Fuqra is a splinter group of Jaish-e-Mohammed, with ties to al-Qaeda. [United Press International, 1/29/2002] Al-Fuqra claims close ties with the Muslims of the Americas, a US tax-exempt group claiming about 3,000 members living in rural compounds in 19 states, the Caribbean, and Europe. Members of Al-Fuqra are suspected of at least 13 fire bombings and 17 murders, as well as theft and credit-card fraud. Gilani, who had links to people involved in the 1993 WTC bombing, fled the US after the bombing. He admitted he works with the ISI, and now lives freely in Pakistan. [Boston Globe, 1/6/2002; News (Islamabad), 2/15/2002; Pittsburgh Tribune-Review, 3/3/2002; Vanity Fair, 8/2002] Saeed Sheikh “has long had close contacts” with the group, and praises Gilani for his “unexplained services to Pakistan and Islam.” [News (Islamabad), 2/18/2002; Pittsburgh Tribune-Review, 3/3/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Al-Fuqra, Jaish-e-Mohammed, Daniel Pearl, Ali Gilani, Saeed Sheikh, Richard C. Reid, Al-Qaeda

Timeline Tags: Complete 911 Timeline

John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 pdf file; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).

Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Barbara Hatch Rosenberg.Barbara Hatch Rosenberg. [Source: Public domain]In February 2002, Dr. Barbara Hatch Rosenberg claims in a public speech at Princeton University that she knows the identity of the killer behind the 2001 anthrax attacks (see October 5-November 21, 2001). Rosenberg is a professor of molecular biology at the State University of New York at Purchase, and a biological arms control expert. She states: “There are a number of insiders—government insiders—who know people in the anthrax field who have a common suspect. The FBI has questioned that person more than once… so it looks as though the FBI is taking that person very seriously.” She also claims that the FBI is not that interested in going after this suspect because “[t]his guy knows too much, and knows things the US isn’t very anxious to publicize” (see February 8, 2002). In June 2002, she puts out a paper that details her theory about this suspect. She states that “a number of inside experts (at least five that I know about) gave the FBI the name of one specific person as the most likely suspect.” That same month, she presents her ideas to Senators Tom Daschle and Patrick Leahy, both of whom had been targeted in the anthrax attacks. She also is invited to brief the Senate Judiciary Committee and the Senate Intelligence Committee (see June 24, 2002). Immediately after this, the FBI searches Hatfill’s home while reporters watch, putting him in the public eye as a possible suspect (see June 25, 2002). Rosenberg later denies ever mentioning Hatfill by name. However, one reporter later claims that Rosenberg had specifically given Hatfill’s name as the lead suspect. Furthermore, the description of her suspect exactly matches Hatfill. Hatfill will later blame Rosenberg for the FBI’s interest in him. He will say: “She’s crazy. She caused it.” [Washington City Paper, 7/25/2003] In 2008, Hatfill will be officially cleared of any involvement in the anthrax attacks (see August 8, 2008).

Entity Tags: Steven Hatfill, Patrick J. Leahy, Barbara Hatch Rosenberg, Federal Bureau of Investigation, Tom Daschle

Timeline Tags: 2001 Anthrax Attacks

In June 2001, Ahmed Alhaznawi visited the emergency room of Holy Cross Hospital in Fort Lauderdale, Florida, and was treated for a skin lesion. He was accompanied by Ziad Jarrah. In October 2001, after a series of mysterious anthrax attacks in the US became front-page news (see October 5-November 21, 2001), the treating doctor told the FBI he recognized the two hijackers and thought the wound was consistent with cutaneous anthrax exposure. However, the FBI discounted the possibility that the anthrax attacks originated with the hijackers or al-Qaeda. In March 2002, the New York Times reports that FBI spokesman John Collingwood “said the possibility of a connection between the hijackers and the anthrax attacks had been deeply explored. ‘This was fully investigated and widely vetted among multiple agencies several months ago… Exhaustive testing did not support that anthrax was present anywhere the hijackers had been.’” [New York Times, 3/23/2002] The FBI is criticized by the neoconservative Weekly Standard for focusing its investigation on a possible domestic perpetrator rather that Iraq or al-Qaeda: “Based on the publicly available evidence, there appears to be no convincing rationale for the FBI’s nearly exclusive concentration on American suspects. And the possibility is far from foreclosed that the anthrax bioterrorist was just who he said he was: a Muslim, impliedly from overseas.” [Weekly Standard, 4/29/2002] In March 2002 it is also reported that US forces in Afghanistan have discovered installations that could have been used by al-Qaeda to produce biological weapons. “US forces recently discovered a site near the southern Afghan city of Kandahar that appeared to be an al-Qaeda biological weapons lab under construction. At the lab, ‘there was evidence of the attempt, by bin Laden, to get his hands on weapons of mass destruction, anthrax, or a variety of others,’ Gen. Tommy Franks, head of the US Central Command, said… in an interview.” [CBS News, 3/23/2002] However, little new evidence will subsequently come out suggesting al-Qaeda was behind the October 2001 anthrax attacks.

Entity Tags: Ahmed Alhaznawi

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks

Secretary of Defense Donald Rumsfeld signs Military Commission Order No. 1 prescribing the procedures of the military commission trials (see November 10, 2001). The order says a two-third majority is required to determine a sentence and unanimity for applying the death penalty. It fails to provide for the possibility of appeals. It also says evidence submitted before a commission “shall” be declared admissible if the presiding officer or a majority of the commission members consider that it “would have probative value to a reasonable person.” [US Department of Defense, 3/21/2002 pdf file]
Fundamental Violations of Defendant Rights - Thus, if the presiding member or a majority considers a statement made under any form of coercion, including torture, to have some “probative value,” it “shall” be admitted. Professor Neal Katyal of Georgetown University later says this is a break with standard proceedings in civil courts and courts-martial and calls it “clearly at odds with American military justice.” [Los Angeles Times, 8/18/2004] Under the rules, the “Accused” is assigned a military officer to conduct his defense, but may select another officer. He may also retain a civilian attorney; however, he may only choose a lawyer who is vetted by the military. Unlike a military attorney, the civilian lawyer can be excluded from the trial if the presiding member of the commission decides to hold closed proceedings. This prompts Amnesty International to observe that the commissions “will restrict the right of defendants to choose their own counsel and to an effective defense.” [Amnesty International, 10/27/2004] Under the rules of the military commissions the military is allowed to monitor private conversations between defense lawyers and their clients. This violates, as Human Rights Watch remarks, “the fundamental notion of attorney-client confidentiality.” [Human Rights Watch, 1/9/2004]
Extraordinary Procedures for a 'Special Breed of Person' - In a discussion of the new rules, Deputy Secretary of Defense Paul Wolfowitz, in an appearance on the PBS NewsHour with Jim Lehrer, explains that the detainees being held in Guantanamo are “dangerous people, whether or not they go before a military commission.” He adds, “We’re dealing with a special breed of person here” and thusly new and far more draconian rules must be applied. [PBS, 3/21/2002]
Battle with JAG Lawyers - Rumsfeld worked with lawyers from the Pentagon’s Judge Advocate General (JAG) office to create the procedures for the commissions. The JAG lawyers viewed the commissions as well outside the established rule of law, both in due process as mandated by the Constitution and in the protections mandated by the Geneva Conventions. But Rumsfeld and his group of political appointees considered the JAGs too closed-minded, and insisted on procedures that horrified the military lawyers—low standards for convictions, denial of civilian attorneys, imposition of the death penalty without unanimous consent of the panel of officers judging the case, and other proposed procedures. The JAGs argued that some of the proposals floated by Rumsfeld and his staff would violate their own ethical standards and put them at risk for later prosecution for war crimes if adopted. One top JAG official threatened to resign if the procedures were not brought more in line with established military law. The final version is a compromise between the two camps. Major General Thomas Romig, the head of JAG, later says that the final version still is not what the JAGs would have created on their own. As reporter and author Charlie Savage will later write, based on Romig’s comments: “While less draconian than the political appointees’ initial plans, the military commissions were still legally objectionable in several respects. The commission rules, for example, allowed secret evidence that would be kept hidden from a defendant and allowed the admission of evidence obtained through coercive interrogations [torture]. Moreover, the special trials still had no explicit congressional authorization.” [Savage, 2007, pp. 138-139]

Entity Tags: Thomas J. Romig, US Department of Defense, Neal Katyal, Donald Rumsfeld, Human Rights Watch, Judge Advocate General Corps, Charlie Savage, Geneva Conventions, Paul Wolfowitz

Timeline Tags: Torture of US Captives, Civil Liberties

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