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Context of 'December 7, 1972: White House Secretary Publicly Confirms Existence of ‘Plumbers,’ Names Ehrlichman as Plumbers’ Supervisor'

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US officials in the Department of Energy (DOE) respond to an intelligence report released the previous day (see April 10, 2001) which contended that the aluminum tubes sought by Iraq (see July 2001) are destined for use as centrifuge rotors in a uranium enrichment program. The Energy Department argues that the tubes are too narrow, too heavy, and too long to be used in a gas centrifuge. Furthermore, “the tubes’ specifications suggest a centrifuge design quite different from any Iraq is known to have.” The officials also note that there is no evidence that Iraq is seeking to acquire other materials that would be needed to construct a centrifuge. And if the Iraqis intend to use the tubes for uranium enrichment, the officials ask, why are they making no effort to conceal their interest in acquiring the tubes? “[T]he manner in which the procurement is being handled (multiple procurement agents, quotes obtained from multiple suppliers in diverse locations, and price haggling) seems to better match our expectations for a conventional Iraqi military buy than a major purchase for a clandestine weapons-of-mass destruction program,” the report notes. [US Congress, 7/7/2004; New York Times, 10/3/2004] The DOE therefore concludes that “while the gas centrifuge application cannot be ruled out, we assess that the procurement activity more likely supports a different application, such as conventional ordnance production.” The agency considers it more plausible that the tubes are meant to serve as rocket casings. Notwithstanding, the DOE concedes that it has “not identified an Iraq-specific, military, or other noncentrifuge application that precisely matches the tube specifications.” [US Congress, 7/7/2004] The DOE will identify a possible specific conventional military application for the tubes the following month (see May 9, 2001).

Entity Tags: US Department of Energy

Timeline Tags: Events Leading to Iraq Invasion

The White House fails to produce the documentation it says it has compiled on the so-called Clinton “vandal scandal,” the allegations that Clinton staffers looted and vandalized the White House, Air Force One, and the Eisenhower Executive Office Building next to the White House, in the last days of the Clinton administration (see January 26, 2001). As a result, the General Accounting Office (GAO) is unable to pursue an investigation of the allegations as requested by Bush officials. In January, White House press secretary Ari Fleischer told reporters that the White House was compiling a “catalogue” of damages and missing items; in recent days, Fleischer has said that no actual list was being documented, but instead White House staffers (or a single staffer, Fleischer is unclear) were keeping track of the damages “in their heads.” In a letter responding to the GAO’s March request for details about “damage that may have been deliberately caused” by the Clinton administration, Phillip Larsen, a special assistant to the president, tells GAO official Bernard Ungar: “After investigation, we have located no such record. And our repair records do not contain information that would allow someone to determine the cause of the damage that is being repaired.” [Knight Ridder, 6/4/2001]

Entity Tags: General Accounting Office, Ari Fleischer, Bush administration (43), Bernard Ungar, Phillip Larsen, Clinton administration

Timeline Tags: Domestic Propaganda

Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) says that he bombed the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995) after considering a plan to assassinate Attorney General Janet Reno. McVeigh’s statement comes in a written response he gives to questions submitted by Fox News reporter Rita Cosby. McVeigh calls the bombing both a retaliatory strike and a pre-emptive one against an “increasingly militaristic and violent federal government.” Last month, McVeigh’s admission of his role in the bombing was made public by two reporters, in which he called the deaths of children in the blast “collateral damage” (see March 29, 2001). McVeigh provides the answers to the Fox reporters’ questions to make sure his motives for setting the bomb are clear. “I explain this not for publicity,” he writes. “I explain so that the record is clear as to my thinking and motivations in bombing a government installation.” He notes again that the date of April 19 was chosen to reflect the date of the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After), calling the government’s assault on the Davidian compound the equivalent of the Chinese government’s “deploying tanks against its own citizens.” McVeigh says he waited two years for the government to correct its “abuse of power,” and became angry when “they actually gave awards and bonus pay to those agents involved, and conversely, jailed the survivors of the Waco inferno after the jury wanted them set free” (see January-February 1994). McVeigh says he observed what he calls “multiple and ever-more aggressive raids across the country” by the government that constituted what he calls an unacceptable pattern of behavior. He says violent action against the government became an option for him only after protest marches, letter-writing campaigns, and media awareness “failed to correct the abuse.” His first thought was “a campaign of assassination,” including Reno, Judge Walter Smith, who handled the Branch Davidian trial, and Lon Horiuchi, the FBI agent who shot to death the wife of white separatist Randy Weaver during the Ruby Ridge siege (see August 31, 1992 and August 21-31, 1992). Assassinating Reno, McVeigh says, would “mak[e] her accept ‘full responsibility’ in deed, not just word,” for the Davidian disaster. But, he says, federal agents are merely soldiers, and he decided to strike against them at what he calls one of their command centers. The bombing, he says, was “morally and strategically equivalent to the US hitting a government building in Serbia, Iraq, or other nations,” and therefore was acceptable for that reason. “I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government,” he writes. “Based on the observations of the policies of my own government, I viewed this action as an acceptable option.” Asked about calling the children slain in the blast “collateral damage,” McVeigh writes: “Collateral Damage? As an American news junkie; a military man; and a Gulf War Veteran, where do they think I learned that (It sure as hell wasn’t Osami [sic] Bin Laden!)” [Fox News, 4/26/2001; Associated Press, 4/27/2001; New York Times, 4/27/2001; Fox News, 4/27/2001]

Entity Tags: Rita Cosby, Janet Reno, Lon Horiuchi, Timothy James McVeigh, Walter Smith

Timeline Tags: US Domestic Terrorism

Victoria “Torie” Clarke joins the Defense Department. She is a public relations specialist who served as press secretary for President George H. W. Bush’s 1992 re-election campaign, worked closely with Senator John McCain (R-AZ), and was an Assistant US Trade Representative during the first Bush’s presidency. In the private sector, she was president of Bozell Eskew Advertising, Vice President of the National Cable Telecommunications Association, and the Washington director for the PR firm of Hill & Knowlton, the firm so heavily involved in promoting and selling the 1991 Gulf War (see January 16, 1991 and After). She brings strong ideas to her new position about achieving what she calls “information dominance” in both the domestic and foreign “markets” (see February 2003). She directs what John Stauber, the executive director of the Center for Media and Democracy, calls the “twin towers of propaganda” for the Pentagon: “embedding news media with the troops, and embedding military propagandists into the TV media” (see April 20, 2008 and Early 2002 and Beyond). [Stennis Center for Public Service, 8/17/2007; New York Times, 4/20/2008; Bill Berkowitz, 5/10/2008]

Entity Tags: Victoria (“Torie”) Clarke, John Stauber, US Department of Defense, Bush administration (43), Center for Media and Democracy, Reagan administration

Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda

Gore Vidal and friend.Gore Vidal and friend. [Source: Economist]Author Gore Vidal says he will attend the execution of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Vidal was offered one of three witness slots McVeigh was given for friends or family members. Vidal says he has “exchanged several letters” with McVeigh since McVeigh wrote him in 1998 about an article Vidal wrote on the Bill of Rights. Vidal says that while he does not approve of the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), he and McVeigh share some views on the federal government. “He’s very intelligent,” Vidal says of McVeigh. “He’s not insane.” Vidal says he and McVeigh agree that the federal government went far beyond its limits in the FBI’s assault on the Branch Davidian compound outside of Waco, Texas, an assault that resulted in the deaths of 78 people (see April 19, 1993 and April 19, 1993 and After). “This guy’s got a case—you don’t send the FBI in to kill women and children,” Vidal says. “The boy has a sense of justice.” Vidal says he intends to write an article for Vanity Fair about the execution. [New York Times, 5/7/2001]

Entity Tags: Timothy James McVeigh, Gore Vidal

Timeline Tags: US Domestic Terrorism

The Energy Department reports that the 7075-T6 aluminum tubes being sought by Iraq from China (see July 2001) have the same specifications as tubes previously used by Iraq to produce conventional rocket motor casings. The report also notes that Iraq had 160,000 tubes on hand in 1989 and only 66,737 in 1996 (see 1996). The findings are published in the department’s classified Daily Intelligence Highlight, which is posted on an intranet network accessible by members of the intelligence community and the White House. [US Congress, 7/7/2004; New York Times, 10/3/2004]

Entity Tags: US Department of Energy

Timeline Tags: Events Leading to Iraq Invasion

New York Times reporter David Stout observes that the FBI’s admitted failure to turn over documents to convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, June 2, 1997, and May 10-11, 2001) will fuel conspiracy theories that will last for years. Attorney General John Ashcroft admitted as much when he ordered a delay in McVeigh’s scheduled execution to review the incident, saying, “If any questions or doubts remain about this case, it would cast a permanent cloud over justice.” Stout writes: “But for some people the cloud has been there all along, and always will be. They will never accept the government’s assertion that the withholding of the documents was simple human, bureaucratic error. And so the 1995 bombing of a federal office building in Oklahoma City seems likely to join the assassinations of John F. Kennedy and the Rev. Dr. Martin Luther King Jr. as events whose truth—in the eyes of some Americans—is forever untold.” Charles Key, a former Oklahoma state legislator who has recently released a statement packed with assertions of a larger conspiracy and government malfeasance surrounding the bombing (see May 4, 2001), has been particularly vocal in his scorn over the document incident, and his contention that it is just part of a larger conspiracy by the government to cover up the truth behind the bombing. McVeigh’s former lawyer Stephen Jones seems to agree with Key; in his recent book (see August 14-27, 1997) Others Unknown: Timothy McVeigh and the Oklahoma Bombing Conspiracy, Jones asserts: “The real story of the bombing, as the McVeigh defense pursued it, is complex, shadowy, and sinister. McVeigh, like the government, had its own reasons to keep it so. It stretches, web-like, from America’s heartland to the nation’s capital, the Far East, Europe, and the Middle East, and much of it remains a mystery.” Others go even farther in their beliefs. Charles Baldridge of Terre Haute, Indiana, where McVeigh is incarcerated awaiting execution, says, “I won’t say that McVeigh didn’t do it, but he wasn’t the brains, he wasn’t the one who orchestrated it.” Asked who orchestrated the bombing, Baldridge replies, “The government.” Many people believe that if the government did not actually plan and execute the bombing, it allowed it to happen, in order to use it as an excuse for passing anti-terrorism laws and curbing basic freedoms. Many of the same conspiracy theories that sprouted in the aftermath of the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After) are now appearing in the public discourse about the Oklahoma City bombing, Stout notes. [New York Times, 5/13/2001]

Entity Tags: John F. Kennedy, Charles Baldridge, Charles R. Key, David Stout, Martin Luther King, Jr., Stephen Jones, Timothy James McVeigh, John Ashcroft, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

Newly hired Defense Department public relations chief Victoria Clarke (see May 2001) begins a series of regular meetings with a number of Washington’s top private PR specialists and lobbyists. The group is tasked with developing a marketing plan for the upcoming war in Iraq. It is remarkably successful in securing press cooperation to spread its message (see August 13, 2003 and After May 31, 2001).
Bipartisan Makeup - Reporter Jeffrey St. Clair will later write, “The group was filled with heavy-hitters and was strikingly bipartisan in composition.” The group, later informally dubbed “the Rumsfeld Group,” is made up of, among others, PR executives John Rendon and Sheila Tate, Republican political consultant Rich Galen, and Democratic operative Tommy Boggs (brother of NPR’s Cokie Roberts and a PR consultant for the Saudi royal family; St. Clair believes Boggs may have had a hand in the decision to redact 20+ pages concerning the Saudis from Congress’s report on the intelligence failures leading to the 9/11 attacks—see April 2003 and August 1-3, 2003). The direct involvement, if any, of Defense Secretary Donald Rumsfeld is unclear.
Rendon's Involvement - John Rendon, the head of the Rendon Group, is a noteworthy veteran of the 1990-91 PR efforts to market the Gulf War (see August 11, 1990), has worked for both Democratic and Republican politicians and lobbying groups, and was instrumental in creating Ahmed Chalabi’s Iraqi National Congress (see May 1991). Rendon, already under contract with the Pentagon to help market the US bombing of Afghanistan, is one of the key players in marketing the upcoming Iraq invasion. Though Rendon refuses to discuss his work for the Pentagon, St. Clair believes he will be partially or completely responsible for some of the invasion’s signature events, including the toppling of the statue of Hussein in Firdos Square by US troops and Chalabi associates (see April 9, 2003), and video-friendly Iraqi crowds waving American flags as US Army vehicles roll by. Rendon explains his role like this: “I am not a national security strategist or a military tactician. I am a politician, and a person who uses communication to meet public policy or corporate policy objectives. In fact, I am an information warrior and a perception manager.” The Pentagon defines “perception management” as “actions to convey and/or deny selected information and indicators to foreign audiences to influence their emotions, motives, and objective reasoning.” St. Clair adds, “In other words, lying about the intentions of the US government.” One of the biggest instances of Pentagon “perception management” is the Office of Strategic Influence (see Shortly after September 11, 2001), also developed by Rendon. [CounterPunch, 8/13/2003]

Entity Tags: Tommy Boggs, Iraqi National Congress, Donald Rumsfeld, Bush administration (43), “The Rumsfeld Group”, Jeffrey St. Clair, Sheila Tate, John Rendon, US Department of Defense, Rich Galen, Victoria (“Torie”) Clarke, Office of Strategic Influence

Timeline Tags: Events Leading to Iraq Invasion

John Bolton, a neoconservative lawyer at the American Enterprise Institute, begins his term as the State Department’s undersecretary for arms control and international security, heading the Arms Control and Disarmament Agency (ACDA). Bolton, who like many other neoconservatives is ideologically opposed to the very idea of reducing the US’s nuclear arsenal, enters his office in the State Department and places a memento on his coffee table: a hand grenade mounted on a small wooden base with a plaque reading “Truest Reaganaut” (see January 1981 and After). Bolton will lead the movement within the Bush administration to withdraw the US from the Anti-Ballistic Missile Treaty (see May 26, 1972 and December 13, 2001). [American Enterprise Institute, 2005; Scoblic, 2008, pp. 159-160]

Entity Tags: Arms Control and Disarmament Agency, American Enterprise Institute, John R. Bolton, US Department of State, Bush administration (43)

Timeline Tags: US International Relations

The Shanghai Cooperation Organization logo. The Shanghai Cooperation Organization logo. [Source: Shanghai Cooperation Organization]The Shanghai Five (see 1996) becomes known as the Shanghai Cooperation Organization (SCO) and expands to include Uzbekistan. [BBC, 6/11/2001] SCO member-states agree unanimously to take the organization to a “higher level” and expand its mission beyond the original objectives of resolving border disputes and dealing with Islamic separatists to include issues such as regional economic development, commerce, and investment. [Shanghai Cooperation [.org], 6/20/2005] Leaders of the organization’s member-states say they hope the SCO will counterbalance US dominance of world affairs. According to Chinese President Jiang Zemin, the organization will foster “world multi-polarization” and contribute to the “establishment of a fair and reasonable international order.” [Associated Press, 6/15/2001] During their meeting in Shanghai, members sign a letter of support for the Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972), which the United States has said it wants to scrap to make way for a missile defense shield (see December 13, 2001). [BBC, 6/15/2001] SCO members say the defense system will have a “negative impact on world security.” [Associated Press, 6/15/2001] One Russian official at the meeting says the 1972 ABM Treaty is the “cornerstone of global stability and disarmament.” [BBC, 6/15/2001] China and Russia also discuss collaborating on a joint program to develop a radar system capable of tracking US F-117A stealth fighter planes. [CNN, 6/20/2001]

Entity Tags: Russia, Shanghai Cooperation Organization (SCO), China, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan

Timeline Tags: US confrontation with Iran, Complete 911 Timeline

The CIA issues a classified report, titled “Iraq’s Current Nuclear Capabilities,” noting that the aluminum tubes being imported by Iraq from China (see 2000 and Early Summer 2001) could possibly be intended for use in non-nuclear applications. [The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (aka 'Robb-Silberman Commission'), 3/31/2005]

Entity Tags: Central Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

The CIA publishes a classified Senior Publish When Ready report which notes that Iraq will likely claim that the aluminum tubes it is importing from China are intended for conventional or civilian use. The report acknowledges that such claims “cannot be discounted,” but adds that the tubes’ specifications “far exceed any known conventional weapons application, including rocket motor casings for 81mm” multiple rocket launchers. [The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (aka 'Robb-Silberman Commission'), 3/31/2005]

Entity Tags: Central Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

Following leads from the Australian Secret Intelligence Service (ASIS) (see 2000), a team of CIA agents and Jordanian secret police confiscate a shipment of 3,000 7075-T6 aluminum tubes in Jordan. The tubes were purchased by a Jordanian front company, AT&C, on behalf of Iraq. [Washington Post, 8/10/2003; Australian Broadcasting Corporation, 10/27/2003] It is later learned that Iraq’s supply of rocket body casing tubes is depleted at about this time (see January 9, 2003) and that “[t]housands of warheads, motors and fins [are]… crated at the assembly lines [in Iraq], awaiting the arrival of tubes.” [Washington Post, 8/10/2003 Sources: Unnamed US intelligence, US administration, and/or UN inspectors]

Entity Tags: Jordan, Central Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

On July 5, 2001, counterterrorism “tsar” Richard Clarke gave a dramatic briefing to representatives from several domestic agencies on the urgent al-Qaeda threat (see July 5, 2001). However, the warnings given generally are not passed on by the attendees back to their respective agencies. The domestic agencies were not questioned about how they planned to address the threat and were not told what was expected of them. According to the 9/11 Commission, attendees later “report that they were told not to disseminate the threat information they received at the meeting. They interpreted this direction to mean that although they could brief their superiors, they could not send out advisories to the field.” One National Security Council official has a different recollection of what happened, recalling that attendees were asked to take the information back to their agencies and “do what you can” with it, subject to classification and distribution restrictions. But, for whatever reason, none of the involved agencies post internal warnings based on the meeting, except for Customs which puts out a general warning based entirely on publicly known historical facts. [9/11 Commission, 7/24/2004, pp. 258, 264] The FAA issues general and routine threat advisories that don’t reflect the level of urgency expressed by Clarke and others (see January-August 2001). FAA Administrator Jane Garvey later claims she was unaware of a heightened threat level, but in 2005 it will be revealed that about half of the FAA’s daily briefings during this time period referred to bin Laden or al-Qaeda (see April 1, 2001-September 10, 2001). [New York Times, 4/18/2004] Clarke said rhetorically in the meeting that he wants to know if a sparrow has fallen from a tree. A senior FBI official attended the meeting and promised a redoubling of the FBI’s efforts. However, just five days after Clarke’s meeting, FBI agent Ken Williams sends off his memo speculating that al-Qaeda may be training operatives as pilots in the US (see July 10, 2001), yet the FBI fails to share this information with Clarke or any other agency. [Washington Post, 5/17/2002; Clarke, 2004, pp. 236-37] The FBI will also fail to tell Clarke about the arrest of Zacarias Moussaoui (see August 16, 2001), or what they know about Nawaf Alhazmi and Khalid Almihdhar (see August 23, 2001).

Entity Tags: Federal Bureau of Investigation, Federal Aviation Administration, Zacarias Moussaoui, US Customs Service, Nawaf Alhazmi, Al-Qaeda, Counterterrorism and Security Group, George J. Tenet, Condoleezza Rice, Andrew Card, Ken Williams, Richard A. Clarke, Khalid Almihdhar, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Chechen rebel leader Ibn Khattab promises some “very big news” to his fighters and this statement is communicated to the CIA. The CIA then forwards the warning to National Security Adviser Condoleezza Rice together with several similar pieces of intelligence, saying it is evidence that an al-Qaeda attack is imminent (see July 10, 2001). [Tenet, 2007, pp. 151] The FBI is already aware that Ibn Khattab and Osama bin Laden, who have a long relationship (see 1986-March 19, 2002), may be planning a joint attack against US interests (see Before April 13, 2001). One of the operatives, Zacarias Moussaoui, will be arrested a month later (see August 16, 2001), but a search warrant for his belongings will not be granted (see August 16, 2001, August 22, 2001 and August 28, 2001).

Entity Tags: Ibn Khattab, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI agent Ken Williams.FBI agent Ken Williams. [Source: FBI]Phoenix, Arizona, FBI agent Ken Williams sends a memorandum warning about suspicious activities involving a group of Middle Eastern men taking flight training lessons in Arizona. The memo is titled: “Zakaria Mustapha Soubra; IT-OTHER (Islamic Army of the Caucasus),” because it focuses on Zakaria Soubra, a Lebanese flight student in Prescott, Arizona, and his connection with a terror group in Chechnya that has ties to al-Qaeda. It is subtitled: “Osama bin Laden and Al-Muhjiroun supporters attending civil aviation universities/colleges in Arizona.” [Fortune, 5/22/2002; Arizona Republic, 7/24/2003] Williams’ memo is based on an investigation of Sorba that Williams had begun in 2000 (see April 2000), but he had trouble pursuing because of the low priority the Arizona FBI office gave terror investigations (see April 2000-June 2001). Additionally, Williams had been alerted to suspicions about radical militants and aircraft at least three other times (see October 1996; 1998; November 1999-August 2001). In the memo, Williams does the following:
bullet Names nine other suspect students from Pakistan, India, Kenya, Algeria, the United Arab Emirates, and Saudi Arabia. [Die Zeit (Hamburg), 10/1/2002] Hijacker Hani Hanjour, attending flight school in Arizona in early 2001 and probably continuing into the summer of 2001 (see Summer 2001), is not one of the students, but, as explained below, it seems two of the students know him. [US Congress, 7/24/2003, pp. 135 pdf file; Washington Post, 7/25/2003]
bullet Notes that he interviewed some of these students, and heard some of them make hostile comments about the US. Additionally, he noticed that they were suspiciously well informed about security measures at US airports. [Die Zeit (Hamburg), 10/1/2002]
bullet Notes an increasing, “inordinate number of individuals of investigative interest” taking flight lessons in Arizona. [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 pdf file]
bullet Suspects that some of the ten people he has investigated are connected to al-Qaeda. [US Congress, 7/24/2003, pp. 135 pdf file] One person on the list, Ghassan al Sharbi, will be arrested in Pakistan in March 2002 with al-Qaeda leader Abu Zubaida (see March 28, 2002). Al Sharbi attended a flight school in Prescott, Arizona. He also apparently attended the training camps in Afghanistan and swore loyalty to bin Laden in the summer of 2001. He apparently knows Hani Hanjour in Arizona (see October 1996-Late April 1999). He also is the roommate of Soubra, the main target of the memo. [Los Angeles Times, 1/24/2003; 9/11 Commission, 7/24/2004, pp. 521]
bullet Discovers that one of them was communicating through an intermediary with Abu Zubaida. This apparently is a reference to Hamed al Sulami, who had been telephoning a Saudi imam known to be Zubaida’s spiritual advisor. Al Sulami is an acquaintance of Hanjour in Arizona (see October 1996-Late April 1999). [Mercury News (San Jose), 5/23/2002; 9/11 Commission, 7/24/2004, pp. 520-521, 529]
bullet Discusses connections between several of the students and a radical group called Al-Muhajiroun. [Mercury News (San Jose), 5/23/2002] This group supported bin Laden, and issued a fatwa, or call to arms, that included airports on a list of acceptable terror targets. [Associated Press, 5/22/2002] Soubra, the main focus of the memo, is a member of Al-Muhajiroun and an outspoken radical. He met with Sheikh Omar Bakri Mohammed, the leader of Al-Muhajiroun in Britain, and started an Arizona chapter of the organization. After 9/11, some US officials will suspect that Soubra has ties to al-Qaeda and other terrorist groups. He will be held two years, then deported to Lebanon in 2004. [Los Angeles Times, 10/28/2001; Los Angeles Times, 1/24/2003; Arizona Republic, 5/2/2004; Arizona Monthly, 11/2004] Though Williams doesn’t include it in his memo, in the summer of 1998, Bakri publicized a fax sent by bin Laden to him that listed al-Qaeda’s four objectives in fighting the US. The first objective was “bring down their airliners.” (see Summer 1998). [Los Angeles Times, 10/28/2001]
bullet Warns of a possible “effort by Osama bin Laden to send students to the US to attend civil aviation universities and colleges” [Fortune, 5/22/2002] , so they can later hijack aircraft. [Die Zeit (Hamburg), 10/1/2002]
bullet Recommends that the “FBI should accumulate a listing of civil aviation universities and colleges around the country. FBI field offices with these types of schools in their area should establish appropriate liaison. FBI [headquarters] should discuss this matter with other elements of the US intelligence community and task the community for any information that supports Phoenix’s suspicions.” [Arizona Republic, 7/24/2003] (The FBI has already done this, but because of poor FBI communications, Williams is not aware of the report.)
bullet Recommends that the FBI ask the State Department to provide visa data on flight school students from Middle Eastern countries, which will facilitate FBI tracking efforts. [New York Times, 5/4/2002]
The memo is addressed to the following FBI Agents:
bullet Dave Frasca, chief of the Radical Fundamentalist Unit (RFU) at FBI headquarters;
bullet Elizabeth Harvey Matson, Mark Connor and Fred Stremmel, Intelligence Operations Specialists in the RFU;
bullet Rod Middleton, acting chief of the Usama bin Laden Unit (UBLU);
bullet Jennifer Maitner, an Intelligence Operations Specialist in the UBLU;
bullet Jack Cloonan, an agent on the New York FBI’s bin Laden unit, the I-49 squad; (see January 1996 and Spring 2000).
bullet Michael S. Butsch, an agent on another New York FBI squad dealing with other Sunni terrorists. [Federal Bureau of Investigation, 7/10/2001 pdf file; US Congress, 7/24/2003, pp. 135 pdf file]
However, the memo is not uploaded into the FBI’s information system until the end of the month and is apparently not received by all these people (see July 27, 2001 and after). Williams also shares some concerns with the CIA (see (July 27, 2001)). [Mercury News (San Jose), 5/23/2002] One anonymous government official who has seen the memo says, “This was as actionable a memo as could have been written by anyone.” [Insight, 5/27/2002] However, the memo is merely marked “routine,” rather than “urgent.” It is generally ignored, not shared with other FBI offices, and the recommendations are not taken. One colleague in New York replies at the time that the memo is “speculative and not very significant.” [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 pdf file] Williams is unaware of many FBI investigations and leads that could have given weight to his memo. Authorities later claim that Williams was only pursuing a hunch, but one familiar with classified information says, “This was not a vague hunch. He was doing a case on these guys.” [Mercury News (San Jose), 5/23/2002]

Entity Tags: Jennifer Maitner, Federal Bureau of Investigation, Fred Stremmel, Ghassan al Sharbi, Hani Hanjour, I-49, Jack Cloonan, Elizabeth Matson, Islamic Army of the Caucasus, David Frasca, Michael Butsch, Al-Muhajiroun, Zakaria Mustapha Soubra, Sheikh Omar Bakri Mohammed, Al-Qaeda, Rod Middleton, Osama bin Laden, Radical Fundamentalist Unit, Mark Connor, Ken Williams, Abu Zubaida

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An unknown intelligence agency intercepts a telephone call between alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) and his associate Ramzi bin al-Shibh. [9/11 Commission, 2004; 9/11 Commission, 3/18/2004] In the call, KSM and bin al-Shibh discuss the state of the 9/11 plot, in particular the fact that Ziad Jarrah, one of the proposed pilots, may drop out. They speak in a code, substituting unexceptional words for what they really mean. [9/11 Commission, 3/18/2004] KSM instructs bin al-Shibh to send the “skirts,” meaning money forwarded to bin al-Shibh by an associate of KSM, to “Sally,” meaning Moussaoui. [9/11 Commission, 7/24/2004, pp. 246] The reason for this is that “Teresa,” meaning Jarrah, is “late,” i.e. he is wavering and may drop out of the plot, due to possible conflicts with lead hijacker Mohamed Atta about Jarrah’s isolation from the conspiracy. It therefore appears that KSM is thinking of Moussaoui as a replacement for Jarrah. According to a 9/11 Commission memo, KSM says something like, “if there is a divorce, it will cost a lot of money.” Bin al-Shibh then tries to reassure him, saying it will be okay. The conversation also mentions “Danish leather,” an apparent reference to failed “20th hijacker” Mohamed al-Khatani (see August 4, 2001). [9/11 Commission, 3/18/2004] The agency which intercepts this call is never identified to the public, although the NSA is reportedly intercepting such calls to and from KSM at this time (see Summer 2001). The 9/11 Commission will mention the call in a staff statement and its final report, but will not mention that it was intercepted, merely citing detainee interrogations as the source of information about it. [9/11 Commission, 6/16/2004, pp. 16-17; 9/11 Commission, 7/24/2004, pp. 246, 530]

Entity Tags: Zacarias Moussaoui, Ramzi bin al-Shibh, Ziad Jarrah, Khalid Shaikh Mohammed, Al-Qaeda, Mohamed al-Khatani

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

National Security Adviser Condoleezza Rice publicly joins the chorus of Bush administration officials demanding that the US withdraw from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972, May 1, 2001 and June 2001). Rice, an expert on the former Soviet Union, describes herself as a former “high priestess of arms control” who has changed her thinking. She says there is no longer a reason to discuss respective numbers of ballistic missiles held by the US and Russia, or, as she says, no further reason to debate “how many warheads could dance on the head of an SS-18.” [Chicago Sun-Times, 7/16/2001; Scoblic, 2008, pp. 184]

Entity Tags: Condoleezza Rice

Timeline Tags: US International Relations

Djamel Beghal.
Djamel Beghal. [Source: Public domain]High-level al-Qaeda operative Djamel Beghal is arrested in Dubai on his way back from Afghanistan. Earlier in the month the CIA sent friendly intelligence agencies a list of al-Qaeda agents they wanted to be immediately apprehended, and Beghal was on the list (see July 3, 2001).
Information Obtained - Beghal quickly starts to talk, and tells French investigators about a plot to attack the American embassy in Paris. Crucially, he provides new details about the international-operations role of top al-Qaeda deputy Abu Zubaida, whom he had been with a short time before. [New York Times, 12/28/2001; Time, 8/12/2002] One European official says Beghal talks about “very important figures in the al-Qaeda structure, right up to bin Laden’s inner circle. [He] mention[s] names, responsibilities and functions—people we weren’t even aware of before. This is important stuff.” [Time, 11/12/2001] One French official says of Beghal’s interrogations, “We shared everything we knew with the Americans.” [Time, 5/19/2002]
Link to 9/11 - The New York Times later will report, “Enough time and work could have led investigators from Mr. Beghal to an address in Hamburg where Mohamed Atta and his cohorts had developed and planned the Sept. 11 attacks.” Beghal had frequently associated with Zacarias Moussaoui. However, although Moussaoui is arrested (see August 16, 2001) around the same time that Beghal is revealing the names and details of all his fellow operatives, Beghal is apparently not asked about Moussaoui. [New York Times, 12/28/2001; Time, 8/12/2002]
Timing of Arrest - Most media accounts place the arrest on July 28. However, in a 2007 book CIA Director George Tenet will say he received a briefing about the arrest on July 24. [Tenet, 2007, pp. 156-157]

Entity Tags: Djamel Beghal, Al-Qaeda, Mohamed Atta, George J. Tenet, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ratcheting up the anti-Iraq rhetoric in the press, neoconservative Reuel Marc Gerecht writes in the Weekly Standard that the US is a “cowering superpower” for not directly challenging Iraq, and demands that President Bush explain “how we will live with Saddam [Hussein] and his nuclear weapons.” [Unger, 2007, pp. 206]

Entity Tags: Saddam Hussein, George W. Bush, Reuel Marc Gerecht

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

CIA agent Joe Turner flies to Vienna and meets with IAEA scientists, arguing that the aluminum tubes ordered by Iraq had been intended for use in nuclear centrifuges. [Australian Broadcasting Corporation, 10/27/2003; New York Times, 10/3/2004] But experts at the agency disagree with his conclusions and explain to him why they believe his analysis is wrong. “They pointed out errors in his calculations. They noted design discrepancies,” an unnamed senior US official will later tell the New York Times. [New York Times, 10/3/2004] David Albright, a physicist and former weapons inspector, who now heads the Institute for Science and International Security, similarly explains to the Australian Broadcasting Corporation: “The view in Vienna in the summer of 2001 was ‘Maybe this guy has a clever idea, but he really is just grabbing at almost straws to prove his case, and when he’s debunked in one model, he then shifts it and tries to make his information fit another centrifuge model.’ And yet whenever you confronted him with the facts or the weaknesses in argument, he always came back with the same answer—‘It’s only for centrifuges.’” When Turner returns to Washington, he tells his superiors at the CIA that the IAEA agrees with his theory. [Australian Broadcasting Corporation, 10/27/2003] But scientists at the IAEA send a summary of their views on the tubes to the US government on July 27, saying that although the tubes could possibly be used in a gas centrifuge application, they were not directly suited for that purpose. [United Kingdom, 7/14/2004 pdf file; New York Times, 10/3/2004]

Entity Tags: Joe Turner, David Albright, Central Intelligence Agency, International Atomic Energy Agency

Timeline Tags: Events Leading to Iraq Invasion

After CIA analyst Joe Turner’s presentation to UN atomic energy scientists (see Late July 2001), one of the scientists calls David Albright, a nuclear physicist who runs the Washington-based Institute for Science and International Security, and warns him that the “people across the river [i.e., the CIA] are trying to start a war. They are really beating the drum. They want to attack.” [Isikoff and Corn, 2006, pp. 37]

Entity Tags: David Albright, Institute for Science and International Security, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

The Defense Intelligence Agency (DIA) publishes an internal background paper explaining the debate within the US intelligence community over Iraq’s intended use for the aluminum tubes it attempted to import from China (see July 2001). The paper describes the assessments of both the CIA and the Department of Energy, the latter of which does not believe the tubes are suitable for use as rotors in a gas centrifuge (see August 17, 2001). The DIA says its “analysts found the CIA WINPAC presentation to be very compelling.” [US Congress, 7/7/2004]

Entity Tags: Central Intelligence Agency, US Department of Energy, Defense Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

Customs agent Jose Melendez-Perez.
Customs agent Jose Melendez-Perez. [Source: US Senate]A Saudi named Mohamed al-Khatani is stopped at the Orlando, Florida, airport and denied entry to the US. Jose Melendez-Perez, the customs official who stops him, later says he was suspicious of al-Khatani because he had arrived with no return ticket, no hotel reservations, spoke little English, behaved menacingly, and offered conflicting information on the purpose of his travel. At one point, al-Khatani said that someone was waiting for him elsewhere at the airport. After 9/11, surveillance cameras show that Mohamed Atta was at the Orlando airport that day. 9/11 Commissioner Richard Ben-Veniste says: “It is extremely possible and perhaps probable that [al-Khatani] was to be the 20th hijacker.” Al-Khatani boards a return flight to Saudi Arabia. He is later captured in Afghanistan and sent to a US military prison at Guantanamo Bay, Cuba (see December 2001). Melendez-Perez says that before 9/11, customs officials were discouraged by their superiors from hassling Saudi travelers, who were seen as big spenders. [Los Angeles Times, 1/27/2004; Time, 6/12/2005] Al-Khatani will later confess to being sent to the US by 9/11 mastermind Khalid Shaikh Mohammed (KSM) (see July 2002), and in June 2001 US intelligence was warned that KSM was sending operatives to the US to meet up with those already there (see June 12, 2001).

Entity Tags: Richard Ben-Veniste, Mohamed Atta, Jose Melendez-Perez, Mohamed al-Khatani, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hugh Sims (left) and Tim Nelson (right).Hugh Sims (left) and Tim Nelson (right). [Source: Flysouth and Andy King / Associated Press]Flight engineer Tim Nelson and pilot Hugh Sims, who work at the Pan Am International Flight School where Zacarias Moussaoui trains to fly a Boeing 747-400, are immediately suspicious of Moussaoui, and their suspicions continue to grow after his arrival because:
bullet He sends unusual emails that are signed “zuluman tangotango” and laced with grammatical errors, even though he says he is a British businessman; [CNN, 3/2/2006] His e-mails also include abnormal comments such as, “E[mail] is not secure;” [Newsweek, 10/1/2001]
bullet He pays most of his $8,300 fee in hundred dollar bills. This makes Nelson suspicious, because he thinks cash is hard to track; [New York Times, 2/8/2002; Star-Tribune (Minneapolis), 4/24/2005; CNN, 3/2/2006]
bullet He is alone, whereas most trainees arrive in groups; [Star-Tribune (Minneapolis), 4/24/2005]
bullet He says he wants to fly a 747 not because he plans to be a pilot, but as an “ego boosting thing.” However, within hours of his arrival, it is clear he is “not some affluent joyrider,” as he is shabbily dressed; [New York Times, 2/8/2002; New York Times, 10/18/2002; Star-Tribune (Minneapolis), 4/24/2005]
bullet In addition, it is unusual that he has no aviation background, very little experience, and no pilot’s license. All other pilots at the center, even “vanity pilots”—wealthy individuals who just want the thrill of flying a large jet—have many times more flying hours than Moussaoui and are all licensed; [US Congress, 10/17/2002; Star-Tribune (Minneapolis), 4/24/2005; Rake, 5/2005]
bullet He has flown for 57 hours at flight school in Oklahoma, but not yet flown solo, which is unusual. The school’s manager of pilot training, Alan McHale, will later comment, “My worst student was a grandma, and I got her to solo after 21 hours;” [Star-Tribune (Minneapolis), 4/24/2005]
bullet He is not just buying a one-period joyride, but a whole course; [Star-Tribune (Minneapolis), 4/24/2005]
bullet He seems determined to pack a large amount of training in a short period for no apparent reason; [New York Times, 2/8/2002]
bullet He is “extremely” interested in the operation of the plane’s doors and control panel. [US Congress, 10/17/2002] He also is very keen to learn the protocol for communicating with the flight tower, despite claiming to have no plans to become an actual pilot; [New York Times, 2/8/2002]
bullet He talks to some Syrian airline pilots training at the facility, and the pilots tell Nelson that Moussaoui is fluent in Arabic. Nelson, who is already worried Moussaoui might be up to no good, thinks, “One more red flag;” [Star-Tribune (Minneapolis), 4/24/2005; CNN, 3/2/2006]
bullet The school’s accountant complains that Moussaoui’s payment is a couple of hundred dollars short, but that he does not have a credit card with him, even though he says he is an international businessman; [Star-Tribune (Minneapolis), 4/24/2005] and
Nelson thinks back to an incident in Japan when the captain was stabbed to death and the killer then flew the plane for 45 minutes before the co-captain regained control. He is concerned Moussaoui might perform a suicide hijacking, “Here’s the problem: You’ve got an aircraft that weighs upwards of 900,000 pounds fully loaded and carries between 50,000 and 57,000 gallons of jet fuel. If you fly it at 350 knots [about 400 miles per hour] into a heavily populated area, you’re going to kill a boatload of people.” After talking to instructor Clancy Prevost, who is also suspicious of Moussaoui (see August 13-15, 2001), both Sims and Nelson independently decide to call the FBI and Moussaoui is arrested soon after the calls are made (see August 16, 2001). [Star-Tribune (Minneapolis), 4/24/2005]

Entity Tags: Tim Nelson, Zacarias Moussaoui, Alan McHale, Hugh Sims

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Pan Am International Flight School.Pan Am International Flight School. [Source: FBI] (click image to enlarge)Although some staff at the Pan Am International Flight School became a little suspicious of Zacarias Moussaoui before he arrived (see August 11-15, 2001), within two days of his arrival at the school, Moussaoui’s behaviour makes his assigned instructor Clancy Prevost highly suspicious. This is because:
bullet Moussaoui has only flown for under 60 hours, whereas the second least experienced student Prevost ever had had 10 times as many hours. This lack of experience means Moussaoui does not really understand the instruction; [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006]
bullet When Moussaoui is asked what his goal is, he tells Prevost he wants to fly a 747 from London to New York, the same goal he gave in his original e-mail to the flight school. [Rake, 5/2005] This raises fears he has plans to hijack such a flight; [US Congress, 10/17/2002]
bullet When Prevost relates a story about a charter flight in the Middle East where getting the doors open was a problem, the story causes Prevost to ask Moussaoui whether he is a Muslim and Moussaoui replies in a strange tone, “I am nothing.” This makes Prevost worry so much that he ends the session, goes back to his motel, and calls the flight school to express his reservations about Moussaoui. He talks to his manager in the morning and says, “We’ll care [about having trained Moussaoui] when there’s a hijacking and he knows how to throw the switches and put them in the right position and all the lawsuits start coming in when they figure out we taught him how to do this”;
bullet Prevost then goes into a supervisors’ meeting and recommends calling the FBI, but becomes even more upset when he is told Moussaoui paid for his training in $100 bills.
As Moussaoui does not learn much during the day, Prevost invites him to observe a simulator session that evening, which Moussaoui does with interest. The following day Prevost meets the FBI, which has now been alerted by the school, and shares his feeling it would be a good idea to do a background check on Moussaoui. The FBI subsequently arrests Moussaoui (see August 16, 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Some claims later made about Moussaoui in the media may be inaccurate:
bullet He is said to mostly practice flying in the air, not taking off or landing. [Star-Tribune (Minneapolis), 12/21/2001; New York Times, 2/8/2002; Slate, 5/21/2002; New York Times, 5/22/2002] However, he is arrested after ground instruction and never flies the simulator, so it is unclear how this could happen. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] 9/11 Congressional Inquiry staff director Eleanor Hill will also later say that the reports saying he only wanted to pilot a plane in the air are untrue. [US Congress, 9/24/2002] In addition, the 9/11 Commission will comment, “Contrary to popular belief, Moussaoui did not say he was not interested in learning how to take off or land”; [9/11 Commission, 4/13/2004]
bullet It will be reported that he appears not to understand French, despite being from France, and does not specify the Middle Eastern country he says he comes from. [Star-Tribune (Minneapolis), 12/21/2001; Washington Post, 1/2/2002] However, at the trial Prevost will recall that Moussaoui spoke good French and that Moussaoui told him he had both French and Moroccan passports. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006]
Prevost will later receive a controversial $5 million reward from the US Department of State’s Reward for Justice program. [Newsweek, 1/30/2008]

Entity Tags: Clancy Prevost, Federal Bureau of Investigation, Zacarias Moussaoui, Pan Am International Flight School

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Two apparent associates of the al-Qaeda cell in Hamburg, Germany, Ismail Bin Murabit (a.k.a. Ismail Ben Mrabete) and Labed Ahmed (a.k.a. Ahmed Taleb), purchase tickets to fly to Pakistan on September 3, 2001. They will be joined on that flight by cell member Said Bahaji (see September 3-5, 2001). All three will disappear into Afghanistan thereafter. It is later discovered that Ahmed had been in e-mail contact with al-Qaeda leader Abu Zubaida. [Chicago Tribune, 2/25/2003] Note that these purchases occur one day before Zacarias Moussaoui’s arrest in Minnesota, suggesting the date for the 9/11 attacks was set before his arrest (see August 16, 2001).

Entity Tags: Said Bahaji, Ismail Bin Murabit, Abu Zubaida, Labed Ahmed

Timeline Tags: Complete 911 Timeline

After Zacarias Moussaoui is arrested (see August 16, 2001), the FBI’s Minneapolis field office becomes very concerned that he may be part of a larger operation involving hijacked aircraft and that he represents a real threat to US national security. One of the agents, Harry Samit, will later say that he and his colleagues are “obsessed” with Moussaoui. Samit sends over 70 communications warning about Moussaoui to the following:
bullet The Hezbollah, bin Laden, and Radical Fundamentalist Units at FBI headquarters (see August 20-September 11, 2001);
bullet Another FBI field office (see August 23, 2001);
bullet The CIA (see August 24, 2001);
bullet The FBI’s offices in Paris and London;
bullet The FAA;
bullet The Secret Service;
bullet The Immigration and Naturalization Service; and
bullet Another intelligence agency (possibly the National Security Agency).
While some of these bodies are responsive (see August 22, 2001 and August 24, 2001), Samit and his colleagues in Minnesota are forced to engage in a running battle with the Radical Fundamentalist Unit (RFU) at FBI headquarters, which obstructs their attempts to obtain a warrant to search Moussaoui’s belongings. Samit will later accuse the RFU of “criminal negligence” because they were trying to “run out the clock” to deport Moussaoui, instead of prosecuting him. [US Department of Justice, 11/2004, pp. 101-221 pdf file; USA Today, 3/9/2006; Washington Post, 3/21/2006]

Entity Tags: FBI Minnesota field office, Radical Fundamentalist Unit, FBI Headquarters, Harry Samit, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

August 16, 2001: Zacarias Moussaoui Arrested

Zacarias Moussaoui after his arrest.Zacarias Moussaoui after his arrest. [Source: FBI]After being warned that Zacarias Moussaoui has raised suspicions at flight school (see August 11-15, 2001 and August 13-15, 2001), the FBI learns they can arrest him because he is in the US illegally. Four agents, Harry Samit, John Weess, Dave Rapp (all FBI) and Steve Nordmann (INS), drive to the Residence Inn, where Moussaoui and his associate Hussein al-Attas are staying. At the hotel Samit speaks on the phone to Joe Manarang from FBI headquarters; Manarang appeals for them to take the “cautious route” and not arrest Moussaoui. However, Samit refuses, as he has already notified the hotel clerk of their interest. Moussaoui is arrested around 4:00 p.m. on an immigration violation. At first Moussaoui shows the agents some documents, but then he becomes upset at missing his flight training. The FBI confiscates his belongings, including a computer laptop, but Moussaoui refuses permission for the belongings to be searched. A search of Moussaoui’s person yields a dagger with a two-inch blade, and another knife with a three-inch blade belonging to Moussoaui is found in the car. He also has boxing gloves and shin guards, and the arresting agents note he has prepared “through physical training for violent confrontation.” Al-Attas allows the agents to search his belongings and they believe al-Attas is in the US legally, so he is not arrested. However, al-Attas tells the FBI that Moussaoui is a radical religious Muslim and later makes several statements indicating Moussaoui may be a terrorist (see August 16, 2001). [MSNBC, 12/11/2001; US Congress, 10/17/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006; Minneapolis Star Tribune, 6/4/2006] Al-Attas is arrested the next day (see August 17, 2001).

Entity Tags: John Weess, Zacarias Moussaoui, Steve Nordmann, Joe Manarang, Harry Samit, David Rapp, FBI Minnesota field office, Hussein al-Attas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A team of centrifuge physicists at the US Department of Energy’s Oak Ridge National Laboratory and other similar institutions publish a detailed Technical Intelligence Note concerning the aluminum tubes that Iraq recently attempted to import from China (see July 2001). [Washington Post, 8/10/2003; Australian Broadcasting Corporation, 10/27/2003; New York Times, 10/3/2004] The team includes Dr. Jon A. Kreykes, head of Oak Ridge’s national security advanced technology group; Dr. Duane F. Starr, an expert on nuclear proliferation threats; and Dr. Edward Von Halle, a retired Oak Ridge nuclear expert. They are advised by Dr. Houston G. Wood III, a retired Oak Ridge physicist considered to be “among the most eminent living experts” on centrifuges, and Dr. Gernot Zippe, one of the German scientists who developed an early uranium centrifuge in the 1950s (see 1950s). The 8-page report, titled “Iraq’s Gas Centrifuge Program: Is Reconstitution Underway?” provides a detailed explanation of why the team believes the 7075-T6 aluminum tubes sought by Iraq were not intended for use in a gas centrifuge. [US Congress, 7/7/2004; New York Times, 10/3/2004]
bullet The tubes sought by Iraq are very different from tubes Iraq used previously in its centrifuge prototypes before the first Gulf War. The intercepted aluminum tubes are significantly longer and narrower. [Washington Post, 8/10/2003; New York Times, 10/3/2004]
bullet Aluminum has not been used in gas centrifuges since the 1950s (see After the 1950s). Furthermore, Iraq is known to have had the blueprints for a more efficient centrifuge, which used maraging steel and carbon fiber, not aluminum (see (Late 1980s)). [Washington Post, 8/10/2003] Aluminum “provides performance roughly half that of” maraging steel and carbon fiber composites. Constructing rotors from 7075-T6 aluminum would require the Iraqis to make twice as many rotors, as well as twice as many other centrifuge components, such as end caps, bearings, and outer casings. [US Congress, 7/7/2004] “Aluminum would represent a huge step backwards,” according to Wood. [New York Times, 10/3/2004]
bullet There are no known centrifuge machines “deployed in a production environment” that use tubes with such a small diameter. [New York Times, 10/3/2004] Using tubes of this diameter, would have created “various design and operational problems that veteran engineers of Iraq’s prior program should readily understand.” [US Congress, 7/7/2004]
bullet The report says that the “various tolerances specified in contract documents… are looser than the expected precision call-outs for an aluminum rotor tube by factors of two to five.” [US Congress, 7/7/2004]
bullet The tubes’ walls, measuring 3.3 millimeters, are three times too thick for “favorable use” in a “Zippe-type” centrifuge, which requires tubes with a thickness of no more than 1.1 millimeter. [Washington Post, 8/10/2003; New York Times, 10/3/2004]
bullet The tubes are anodized, which is “not consistent” with a uranium centrifuge because the anodized coating can react with uranium gas. [US Congress, 7/7/2004; New York Times, 10/3/2004] Houston G. Wood later tells the Washington Post in mid-2003 that “it would have been extremely difficult to make these tubes into centrifuges,” adding that such a theory stretched “the imagination to come up with a way.” [Washington Post, 8/10/2003] The scientists conclude that using the tubes in centrifuges “is credible but unlikely, and a rocket production is the much more likely end use for these tubes.” [New York Times, 10/3/2004] They also note that the Iraqis previously declared to the International Atomic Energy Agency (IAEA) that since at least 1989, Iraq’s Nasser State Establishment had used large numbers of high strength aluminum tubes to manufacture 81-mm rockets. “The tubes were declared to be made of 7075-T6 aluminum with an 81 mm outer diameter, 74.4 mm inner diameter, and 900 mm length—the same specifications of the tubes Iraq was trying to acquire in 2001,” a later Senate Intelligence report will say summarizing the nuclear scientists’ report. The scientists also say that IAEA inspectors had seen these tubes stored in various locations at the Nasser site. [US Congress, 7/7/2004]

Entity Tags: Edward Von Halle, Duane F. Starr, Jon A. Kreykes, Gernot Zippe, Houston G. Wood III, Joe Turner, George J. Tenet

Timeline Tags: Events Leading to Iraq Invasion

In an interview with Al Jazeera journalist Yosri Fouda in 2002 (see April, June, or August 2002), would-be hijacker Ramzi bin al-Shibh will claim that, roughly around this day, he receives a coded chat room message about the 9/11 plot from future hijacker Mohamed Atta in the US. Fouda will later co-write a book, and in it he will allege that bin al-Shibh gave him a computer disc containing the exact message. The message, as translated by Fouda, reads:
bullet “The first semester commences in three weeks. There are no changes. All is well. There are good signs and encouraging ideas. Two high schools and two universities. Everything is going according to plan. This summer will surely be hot. I want to talk to you about some details. Nineteen certificates for private education and four exams. Regards to the Professor. Goodbye.”
Fouda will claim that the message is in code, and that bin al-Shibh discussed with him what the real meaning was. In his book, Fouda says the real meaning is this:
bullet “The zero hour is going to be in three weeks’ time. There are no changes. All is well. The brothers have been seeing encouraging visions and dreams. The Twin Towers, the Pentagon, and Capitol Hill. Everything is going according to plan. This summer will surely be hot. I want to talk to you about some details. Nineteen hijackers and four targets. Regards to Khalid Shaikh Mohammed or Osama bin Laden [Fouda isn’t sure which one is the ‘Professor’]. I will call you nearer the time.”
Bin al-Shibh also tells Fouda that “This summer will surely be hot” is a reference to the damage the attacks will cause. [Guardian, 9/9/2002; Fouda and Fielding, 2003, pp. 138-139, 146]
When Were the Exact Date and Targets Chosen? - Future hijacker Hani Hanjour makes surveillance test flights near the Pentagon and World Trade Center around this time, suggesting the targets for the 9/11 attacks have now been confirmed (see July 20, 2001 and Mid-August 2001). [CBS News, 10/9/2002] The FBI will later notice spikes in cell phone use between the hijackers just after the arrest of Zacarias Moussaoui and just before the hijackers begin to buy tickets for the flights they will hijack. [New York Times, 9/10/2002] CIA Director George Tenet will hint that Moussaoui’s arrest a few days earlier (on August 15 (see August 16, 2001)) may be connected to when the date of the attacks is picked. [US Congress, 6/18/2002] On the other hand, some terrorists appear to have made plans to flee Germany in advance of the 9/11 attacks on August 14, one day before Moussaoui’s arrest (see August 14, 2001).

Entity Tags: Hani Hanjour, George J. Tenet, Yosri Fouda, Mohamed Atta, Federal Bureau of Investigation, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dave Frasca of the FBI’s Radical Fundamentalist Unit (RFU) denies a request from the Minneapolis FBI field office to seek a criminal warrant to search the belongings of Zacarias Moussaoui, who was arrested on August 15 as part of an intelligence investigation (see August 16, 2001 and August 16, 2001). Minneapolis agents believe they had uncovered sufficient evidence that Moussaoui is involved in a criminal conspiracy, and want to obtain a criminal search warrant instead of a warrant under the Foreign Intelligence Surveillance Act (FISA). But because they originally opened an intelligence investigation, they cannot go directly to the local US attorney’s office for the warrant. In order to begin a parallel criminal investigation, they must first obtain permission from the Office of Intelligence Policy and Review (OIPR) so they can pass the information over the “wall.” [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Harry Samit, a Minneapolis FBI agent on the Moussaoui case, calls Dave Frasca, the head of the Radical Fundamentalist Unit (RFU) at FBI headquarters, to discuss the request. Samit tells Frasca that they have already completed the paperwork for a criminal investigation, but, according to Samit, Frasca says, “You will not open it, you will not open a criminal case.” Frasca says that argument for probable cause in seeking a criminal warrant is “shaky” and notes that if they fail to obtain a criminal warrant, they will be unable to obtain a warrant under FISA. Samit, who has only been with the FBI since 1999, defers to his superior, and writes on the paperwork, “Not opened per instructions of Dave Frasca.” Samit then tells his Chief Division Counsel, Coleen Rowley, about the conversation, and she also advises him that it would be better to apply for a warrant under FISA. When the Justice Department’s Office of Inspector General (OIG) interviews Frasca after 9/11, he will claim he never spoke to Samit about this matter, and that the conversation was with Chris Briese, one of Samit’s superiors. However, Briese will deny this and the OIG will conclude that the conversation was between Samit and Frasca. [US Department of Justice, 11/2004, pp. 128-132 pdf file; US Department of Justice, 3/1/2006 pdf file] To get a FISA search warrant for Moussaoui’s belongings the FBI must now show there is probable cause to believe Moussaoui is an agent of a foreign power. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] A criminal warrant to search Moussaoui’s belongings will be granted only after the 9/11 attacks (see September 11, 2001).

Entity Tags: David Frasca, Coleen Rowley, Harry Samit, FBI Headquarters, Zacarias Moussaoui, Radical Fundamentalist Unit, FBI Minnesota field office

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dave Frasca, head of the FBI’s Radical Fundamentalism Unit (RFU), and Michael Rolince, the assistant director in charge of the FBI’s International Terrorism Operations Section (ITOS), have at least two brief conversations about the Zacarias Moussaoui case. Moussaoui, suspected of having ties to Islamic militants, was arrested in mid-August (see August 16, 2001). Though it is not known what Frasca and Rolince talk about, it is possible their discussions concern complaints from the Minneapolis field office about how RFU is handling the case (see August 27, 2001). According to the 9/11 Commission, there is no evidence that this discussion ever reaches Assistant Director for Counterterrorism Dale Watson or Acting FBI Director Thomas Pickard. If this is true, the FBI’s handling of the case is remarkably different than the approach taken in the CIA, where Director George Tenet is briefed repeatedly on the matter (see August 23, 2001). [9/11 Commission, 7/24/2004, pp. 275; Associated Press, 3/21/2006] A warning that Osama bin Laden and Chechen rebel leader Ibn Khattab were planning a joint operation against the US was sent to Rolince earlier in the year (see Before April 13, 2001) and the FBI is aware that Moussaoui had recruited for the Chechen rebels (see August 22, 2001). Rolince will be involved in preparations for Moussaoui’s deportation to France shortly before 9/11 (see (August 30-September 10, 2001)).

Entity Tags: FBI Minnesota field office, Michael Rolince, David Frasca, FBI Headquarters, Radical Fundamentalist Unit

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The rising demand for President Bush to make good on his stated intention to withdraw the United States from the 1972 ABM treaty with Russia (see May 26, 1972, August 3, 2000, May 1, 2001, and June 2001) alarms Yale law professor Bruce Ackerman. Ackerman, a constitutional law expert, writes that Bush lacks the authority to make such a decision. “Presidents don’t have the power to enter into treaties unilaterally,” he writes. “This requires the consent of two-thirds of the Senate, and once a treaty enters into force, the Constitution makes it part of the ‘supreme law of the land’—just like a statute. Presidents can’t terminate statutes they don’t like. They must persuade both houses of Congress to join in a repeal. Should the termination of treaties operate any differently?” Ackerman cites several historical instances, the most recent in 1978, when then-President Carter pulled the US out of a treaty with Taiwan, and was challenged unsuccessfully in a lawsuit that was dismissed by the Supreme Court. “[T]he court did not endorse the doctrine of presidential unilateralism,” Ackerman notes, but felt the issue should be resolved “by the executive and legislative branches.” Congress should not allow Bush to withdraw from the treaty, Ackerman writes. “If President Bush is allowed to terminate the ABM treaty, what is to stop future presidents from unilaterally taking America out of NATO or the United Nations?” he asks. “The question is not whether such steps are wise, but how democratically they should be taken. America does not enter into treaties lightly. They are solemn commitments made after wide-ranging democratic debate. Unilateral action by the president does not measure up to this standard.” Instead, he recommends: “Congress should proceed with a joint resolution declaring that Mr. Bush cannot terminate treaty obligations on his own. And if the president proceeds unilaterally, Congress should take further steps to defend its role in foreign policy.” [New York Times, 8/29/2001; Savage, 2007, pp. 140]

Entity Tags: Bruce Ackerman

Timeline Tags: US International Relations

Part of the opening page of Gore Vidal’s article about Timothy McVeigh in Vanity Fair.Part of the opening page of Gore Vidal’s article about Timothy McVeigh in Vanity Fair. [Source: Vanity Fair]Vanity Fair publishes a profile of convicted Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) by author and pundit Gore Vidal, who attended McVeigh’s execution (see May 6, 2001) and who exchanged letters with McVeigh for three years while he awaited execution. McVeigh invited Vidal to attend his execution as a result of their letter exchange.
Simplistic Portrayal of McVeigh as Lone 'Mad Bomber' - Vidal is convinced that the government orchestrated McVeigh’s conviction (see June 2, 1997) and the media’s portrayal of McVeigh as a lone mad bomber who “wanted to destroy innocent lives for no reason other than a spontaneous joy in evildoing.” Vidal also asserts that, in the government’s story, McVeigh “had no serious accomplices” (see December 23, 1997 and June 4, 1998). Orchestrating the media response was not particularly difficult, he writes, as few in the mainstream press were particularly interested in why McVeigh carried out the bombing aside from the simple explanation that he was “evil incarnate.” Any explanation of more complexity, Vidal writes, was dismissed as wild conspiracy theories. It was predictable, Vidal writes, that evidence pertinent to McVeigh’s case was not provided until well after his conviction and sentencing (see May 10-11, 2001), and that it would be largely ignored (see June 1-7, 2001). Vidal recounts numerous instances where, when he began to attempt an explanation of McVeigh’s obsession with the 1993 Branch Davidian conflagration (see April 19, 1993) and his belief that he was at war with the US government on a variety of news broadcasts, he was cut short by the hosts.
'Counter-Attack' against US Government - According to Vidal, McVeigh was clear in his letters that the bombing was more than just, McVeigh wrote, “a simple act of ‘revenge’ for Waco,” but “a strike against the US government,” or more precisely, “a ‘counter-attack’ rather than a self-declared war.” In one letter, he quoted pundit H.L. Mencken as writing, “Every normal man must be temped at times to spit on his hands, hoist the black flag, and begin slitting throats.” Vidal recalls that he warned McVeigh that “Mencken often resorted to Swiftian hyperbole and was not to be taken too literally.” He then speculates on the “interesting possibility,” perhaps “the grandest conspiracy of all… that he neither made nor set off the bomb outside the Murrah Building: it was only later, when facing either death or life imprisonment, that he saw to it that would be given sole credit for hoisting the black flag and slitting throats, to the rising fury of various ‘militias’ across the land who are currently outraged that he is getting sole credit for a revolutionary act organized, some say, by many others. At the end, if this scenario is correct, he and the detested Feds were of a single mind.” Regardless of who carried out the bombing, Vidal writes, it is clear that “McVeigh himself was eager to commit what he called ‘federally assisted suicide.’” Vidal quotes an interview with Dr. John Smith, a psychiatrist who interviewed McVeigh in prison and was then released from his oath of confidentiality by McVeigh to discuss his findings with reporters, who concluded that McVeigh was quite sane, and carried out the bombing both in revenge for the Waco assault and because “he also wanted to make a political statement about the role of the federal government and protest the use of force against the citizens.” Smith found that McVeigh was disappointed that the media had refused to discuss what he considered “the misuse of power by the federal government” that impelled him to carry out the bombing.
Limited Contact with Militias - According to Smith, McVeigh told him, “I did not expect a revolution.” He had had numerous discussions with some of the militia groups around Kingman, Arizona, Smith said, about how easy it would be to “cut Interstate 40 in two” and thereby disrupt the transportation between the eastern and western portions of the country, but those discussions, McVeigh told Smith, were “rather grandiose” and never acted upon. Vidal acknowledges that for three years before the bombing, McVeigh lived in the semi-underground world of the American militia movement. During that time, he came to believe, as many militia members did at the time, that the federal government planned on following up its assault weapons ban (see September 13, 1994) with a massive, nationwide raid on gun owners and militia members in the spring of 1995. Vidal writes, “This was all the trigger that McVeigh needed for what he would do—shuffled the deck, as it were.” Vidal claims that McVeigh, unlike many militia members, had “no hang-ups about blacks, Jews, and all the other enemies of the various ‘Aryan’ white nations to be found in the Patriots’ ranks.” He was fascinated with the violently racist novel The Turner Diaries (see 1978) and 1987-1988), he acknowledges, but only for its themes of individual Americans using guns and explosives to overthrow “the System.” Smith bolstered Vidal’s contention by reporting that McVeigh had insisted to him that he was not a racist nor a homophobe—“he made that very clear.”
Rationale for Bombing, and for Killing Civilians, Children - Vidal quotes a 1998 essay McVeigh wrote for the right-wing publication Media Bypass, “Essay on Hypocrisy,” that addressed his choice to blow up the Murrah Building, which contained a daycare center. The US, he wrote, set the precedent for bombing and killing civilians. When US military forces attack Iraqi government buildings with daycare centers or schools in them, McVeigh wrote, the media reported the children were being used as “shields” by the Iraqis. Vidal claims that no evidence exists that proves McVeigh knew about the presence of children in the Murrah Building, and repeats McVeigh’s claims that he had no such foreknowledge. However, Vidal notes, the FBI knew about the children in the Branch Davidian compound, “and managed to kill 27 of them.” In a final set of longhand notes McVeigh sent to Vidal in the weeks before his execution, McVeigh wrote: “I explain herein why I bombed the Murrah Federal Building in Oklahoma City. I explain this not for publicity, nor seeking to win an argument of right or wrong, I explain so that the record is clear as to my thinking and motivations in bombing a government installation. I chose to bomb a Federal Building because such an action served more purposes than other options. Foremost, the bombing was a retaliatory strike: a counter-attack, for the cumulative raids (and subsequent violence and damage) that federal agents had participated in over the preceding years (including, but not limited to, Waco). From the formation of such units as the FBI’s ‘Hostage Rescue’ and other assault teams amongst federal agencies during the 80s, culminating in the Waco incident, federal actions grew increasingly militaristic and violent, to the point where at Waco, our government—like the Chinese—was deploying tanks against its own citizens.” The federal government has militarized the police, he wrote, and his bombing was designed as a “pre-emptive (or pro-active) strike against those forces and their command and control centers within the federal building. When an aggressor force continually launches attacks from a particular base of operations, it is sound military strategy to take the flight to the enemy. Additionally, borrowing a page from US foreign policy, I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government. Bombing the Murrah Federal Building was morally and strategically equivalent to the US hitting a government building in Serbia, Iraq, or other nations. Based on observations of the policies of my own government, I viewed this action as an acceptable option. From this perspective what occurred in Oklahoma City was no different than what Americans rain on the heads of others all the time, and, subsequently, my mindset was and is one of clinical detachment. (The bombing of the Murrah Building was not personal no more than when Air Force, Army, Navy, or Marine personnel bomb or launch cruise missiles against (foreign) government installations and their personnel.)”
'Exaggerated Sense of Justice' - Vidal has previously written that McVeigh suffered from what he called “an exaggerated sense of justice,” outraging many who read his words. He defends that characterization, and writes, “I knew that few Americans seriously believe that anyone is capable of doing anything except out of personal self-interest, while anyone who deliberately risks—and gives—his life to alert his fellow citizens to an onerous government is truly crazy.” McVeigh’s act may not have sparked a rebellion, Vidal writes, but it did presage an explosion of sorts in the number of citizens identifying themselves with the militia movement, many of whom joined local militia groups because they believed the government had orchestrated the bombing and then unjustly blamed McVeigh for it. Others believe that government agents planted bombs inside the Murrah Building set to go off when McVeigh’s truck bomb detonated. Many believe that McVeigh was used by the government to perpetuate “state police power,” similar to instances during the Vietnam War when “bogus Viet Cong units that were sent out to rape and murder Vietnamese to discredit the National Liberation Front,” or when US forces pretended to “find” Communist arms dumps in El Salvador. Vidal repeats the tale that all 17 members of the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) working in their Murrah Building office suspiciously failed to report to work on the day of the bombing, suggesting that they knew of the bombing in advance (see December 30, 1998).
Militia Involvement? - Vidal then engages in a long and detailed attack on the evidence that shows McVeigh and his co-conspirator Terry Nichols built the bomb themselves. He believes that McVeigh and Nichols were involved in a complex and shadowy “plot involving militia types and government infiltrators—who knows?—as prime movers to create panic in order to get” President Clinton to enact the Anti-Terrorism Act, and cites research by journalist and author Joel Dyer, who in his own writings detailed his belief that the government downplayed McVeigh’s militia affiliations to make a case that he was a quintessential and possibly deranged “lone bomber.” Dyer and Vidal both cite the poor defense put on by McVeigh’s trial lawyer, Stephen Jones, who, Dyer contended, “often left the jury more confused and bored than convinced of his client’s innocence. Even when he succeeded in his attempts to demonstrate that a large conspiracy was behind the bombing, he did little to show that McVeigh was not at the center of the conspiracy. Jones’s case led some reporters to speculate that McVeigh himself was limiting his own defense in order to prevent evidence that might implicate others in the bombing from entering the record.” McVeigh did indeed confess to the bombing to his defense lawyers and, later, to Vidal, but, Vidal writes, “I believe that by confessing McVeigh was, once again, playing the soldier, attempting to protect his co-conspirators.” Vidal writes that his own research has unearthed a number of militia members who may have played a part in the April 19 bombing, and a systematic effort by the FBI and the McVeigh prosecution team to quash any evidence of that sort during McVeigh’s trial. He also challenges the government’s assertion that the reports of a third co-conspirator, “John Doe No. 2,” was a US Army private with no connection to McVeigh or the bombing (see January 29, 1997). Instead, he writes, that person was likely a well-known militia member in Shawnee County, Kansas, and possibly a member of the separatist Republic of Texas organization. He cites a book on the bombing by former journalist David Hoffman, who was convicted of trying to tamper with the McVeigh jury (see December 30, 1998), as being “the most thorough of a dozen or two accounts of what did and did not happen on that day in April.” Like Vidal, Hoffman does not believe that McVeigh’s truck bomb could have caused the damage inflicted on the Murrah Building, and cites a number of military and government experts who make the same contentions, even citing one report that claims the “five separate bombs” used in the explosion “have a Middle Eastern ‘signature,’ pointing to either Iraqi or Syrian involvement” (see 10:00 a.m. April 19, 1995 and After). Vidal notes that the search for bodies in the destroyed building was halted after 16 days (see May 4, 1995), against the wishes of those who wanted to continue attempting to search for more evidence in the bomb site. Six days later the building was demolished (see 7:01 a.m. May 23, 1995), leading one critic, retired Air Force Brigadier General Benton K. Partin, to declare that the building was demolished as “a classic cover-up” executed by Communist agents. Vidal writes of Partin’s belief that Communists orchestrated the cover-up, “Well, nobody’s perfect.” (Vidal errs in his “six day” claim; the building was demolished 19 days later.) Vidal writes: “In the end, McVeigh, already condemned to death, decided to take full credit for the bombing. Was he being a good professional soldier, covering up for others? Or did he, perhaps, now see himself in a historic role with his own private Harper’s Ferry, and though his ashes molder in the grave, his spirit is marching on? We may know—one day.” [Vanity Fair, 9/2001]

Entity Tags: Joel Dyer, David Hoffman, Benton K. Partin, Federal Bureau of Investigation, H.L. Mencken, Timothy James McVeigh, Gore Vidal, Stephen Jones, Terry Lynn Nichols, Vanity Fair, John Smith, Murrah Federal Building

Timeline Tags: US Domestic Terrorism

White House counterterrorism chief Richard Clarke sends a memo to National Security Adviser Condoleezza Rice in which he warns that hundreds of Americans could die in an attack by al-Qaeda and complains that the Bush administration is not doing enough to combat the threat posed by the terrorist network. [9/11 Commission, 3/24/2004; Washington Post, 3/25/2004] The National Security Council’s principals committee—a group of senior officials who advise the president on issues of national security policy—is set to meet today to discuss al-Qaeda. Before the meeting takes place, Clarke sends a memo to Rice in which he criticizes US counterterrorism efforts.
Al-Qaeda Could Kill 'Hundreds of Americans' - The “real question” before the members of the principals committee, Clarke writes in the memo, is, “[A]re we serious about dealing with the al-Qaeda threat?” He suggests: “Decision makers should imagine themselves on a future day when the [White House Counterterrorism Security Group] has not succeeded in stopping al-Qaeda attacks and hundreds of Americans lay dead in several countries, including the US. What would those decision makers wish that they had done earlier?” “That future day could happen at any time,” he adds.
Clarke Complains about the Lack of Response to the USS Cole Bombing - Clarke criticizes the US military for failing to respond to the attack on the USS Cole in Yemen, in October 2000 (see October 12, 2000). “Many in al-Qaeda and the Taliban may have drawn the wrong lesson from the Cole: that they can kill Americans without there being a US response, without there being a price,” he writes. He states that he cannot understand “why we continue to allow the existence of large-scale al-Qaeda bases where we know people are being trained to kill Americans.”
Clarke Warns of a Possible 'Big Attack, with Lots of Casualties' - Clarke complains that without adequate funding: “You are left with a modest effort to swat flies, to try to prevent specific al-Qaeda attacks by using [intelligence] to detect them, and friendly governments’ police and intelligence officers to stop them. You are left waiting for the big attack, with lots of casualties, after which some major US retaliation will be in order.” [9/11 Commission, 7/24/2004, pp. 212-213]
Rice Later Says Memo Is 'Not a Warning about September 11th' - Rice will later say of Clarke’s memo: “It would not be appropriate or correct to characterize what Dick [Clarke] wrote to me on September 4th as a warning of an impending attack. What he was doing was, I think, trying to buck me up so that when I went into this principals meeting, I was sufficiently on guard against the kind of bureaucratic inertia that he had fought all of his life.” The memo, she will say, “was a warning to me not to get dragged down by the bureaucracy, not a warning about September 11th.” [9/11 Commission, 4/8/2004] The principals committee’s meeting today is the committee’s first meeting on al-Qaeda issues. [9/11 Commission, 3/24/2004; 9/11 Commission, 7/24/2004, pp. 212] Clarke had “urgently” called for such a meeting back in January this year (see January 25, 2001). [Clarke, 2004, pp. 237]

Entity Tags: Richard A. Clarke, Condoleezza Rice, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Would-be hijacker Ramzi bin al-Shibh makes three phone calls on this day, and one is to 9/11 hijacker Saeed Alghamdi in the US. Bin al-Shibh makes the three calls from the airport in Dusseldorf, Germany, as he is about to take a flight to Spain on his way to Pakistan (see September 5, 2001). Nothing more is known about the call to Alghamdi. However, the call may be an opportunity to discover the 9/11 plot, because at least some of bin al-Shibh’s phone calls are monitored around this time. Details are murky, but a call between bin al-Shibh and 9/11 mastermind Khalid Shaikh Mohammed is monitored in late July 2001, although it is not clear if it is monitored by US or German intelligence, or both (see July 20, 2001).
Second Call to Jordanian - At the airport, bin al-Shibh also calls an unnamed Jordanian who is said to be a close friend of 9/11 hijacker Ziad Jarrah from a time both of them were studying in Griefswald, Germany, in the mid-1990s. This person lived in the same Hamburg apartment as hijacker Mohamed Atta, was said to have become an Islamist radical, and shared bank accounts and cell phone numbers with some of the hijackers living in Hamburg. [Chicago Tribune, 2/25/2003] This almost certainly is Bashir Musleh, because Musleh is a Jordanian who is a close friend of Jarrah’s from when they both studied in Griefswald. Author Terry McDermott identifies him as one of the Hamburg group. [McDermott, 2005, pp. xi, 53]
Third Call to Cell Member Meziche - The third and final call is to Naamen Meziche, a French citizen of Algerian descent, and a longtime resident of Hamburg, Germany. The call to Meziche’s house lasts 34 seconds. Meziche appears to be a member of the al-Qaeda Hamburg cell, but German investigators will never be able to develop enough evidence to charge him with a crime. He will be killed in a drone strike in Pakistan in 2010 (see October 5, 2010). [Wall Street Journal, 10/16/2010]

Entity Tags: Khalid Shaikh Mohammed, Saeed Alghamdi, Ramzi bin al-Shibh, Mohamed Atta, Bashir Musleh, Naamen Meziche

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An Echelon station in Menwith Hill, Britain.An Echelon station in Menwith Hill, Britain. [Source: BBC]By the 1980s, a high-tech global electronic surveillance network shared between the US, Britain, Canada, Australia, and New Zealand is gathering intelligence all over the world. The BBC describes Echelon’s power as “astounding,” and elaborates: “Every international telephone call, fax, e-mail, or radio transmission can be listened to by powerful computers capable of voice recognition. They home in on a long list of key words, or patterns of messages. They are looking for evidence of international crime, like terrorism.” [BBC, 11/3/1999] One major focus for Echelon before 9/11 is al-Qaeda. For instance, one account mentions Echelon intercepting al-Qaeda communications in Southeast Asia in 1996 (see Before September 11, 2001). A staff member of the National Security Council who regularly attends briefings on bin Laden states, “We are probably tapped into every hotel room in Pakistan. We can listen in to just about every phone call in Afghanistan.” However, he and other critics will claim one reason why US intelligence failed to stop terrorism before 9/11 was because there was too much of a focus on electronic intelligence gathering and not enough focus on human interpretation of that vast data collection. [Toronto Star, 2/2/2002]

Entity Tags: United Kingdom, United States, Osama bin Laden, Echelon, National Security Council, Canada, Australia, Al-Qaeda, New Zealand

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

In the months leading up to the war with Iraq, Bush administration officials manipulate the intelligence provided to them by analysts in order to drum up support for the invasion. Some analysts complain that they are under pressure to write assessments that support the administration’s case for invading Iraq. On March 7, 2002, Knight Ridder reports that various military officials, intelligence employees, and diplomats in the Bush administration have charged “that the administration squelches dissenting views and that intelligence analysts are under intense pressure to produce reports supporting the White House’s argument that Hussein poses such an immediate threat to the United States that preemptive military action is necessary.” [Knight Ridder, 10/7/2002]

Entity Tags: Bush administration (43)

Timeline Tags: Events Leading to Iraq Invasion

National Security Adviser Rice is scheduled to deliver a speech claiming to address “the threats and problems of today and the day after, not the world of yesterday.” The speech is never given due to the 9/11 attacks earlier in the day, but the text is later leaked to the media. The Washington Post calls the speech “telling Insight into the administration’s thinking” because it promotes missile defense and contains no mention of al-Qaeda, bin Laden, or Islamic extremist groups. The only mention of terrorism is in the context of the danger of rogue nations such as Iraq. In fact, there are almost no public mentions of bin Laden or al-Qaeda by Bush or other top Bush administration officials before 9/11, and the focus instead is on missile defense. [Washington Post, 4/1/2004; Washington Post, 4/1/2004]

Entity Tags: Osama bin Laden, Central Intelligence Agency, Al-Qaeda, Bush administration (43), Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

All the alleged 9/11 hijackers reportedly check in at the airports from where they board Flights 11, 175, 77, and 93. [9/11 Commission, 7/24/2004, pp. 1-4; 9/11 Commission, 8/26/2004, pp. 27, 89, 93] Since 1998, the FAA has required air carriers to implement a program called the Computer Assisted Passenger Prescreening System (CAPPS). This identifies those passengers who might be a security risk, based upon suspicious behavior such as buying one-way tickets or paying with cash. CAPPS also randomly assigns some passengers to receive additional security scrutiny. If a particular passenger has been designated as a “selectee,” this information is transmitted to the airport’s check-in counter, where a code is printed on their boarding pass. At the airport’s security checkpoints, selectees are subjected to additional security measures. [US News and World Report, 4/1/2002; 9/11 Commission, 1/27/2004; US Congress, 3/17/2004; 9/11 Commission, 8/26/2004, pp. 2, 85] Their baggage is to be screened for explosives or held off the plane until they have boarded. Supposedly, the thinking behind this is that someone smuggling a bomb onto a plane won’t get onto that same flight. According to the 9/11 Commission, nine of the 19 hijackers are flagged by the CAPPS system before boarding Flights 11, 175, 77, and 93. [Washington Post, 1/28/2004; 9/11 Commission, 7/24/2004, pp. 84; United States of America v. Zacarias Moussaoui, a/k/a Shaqil, a/k/a Abu Khalid al Sahrawi, Defendant, 3/6/2006] In addition, Mohamed Atta was selected when he checked in at the airport in Portland, for his earlier connecting flight to Boston (see 5:33 a.m.-5:40 a.m. September 11, 2001). All of the hijackers subsequently pass through security checkpoints before boarding their flights. [9/11 Commission, 7/24/2004, pp. 1-4]

Entity Tags: Federal Aviation Administration, Computer Assisted Passenger Prescreening System

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Barbara Olson.Barbara Olson. [Source: Richard Eillis / Getty Images]Barbara Olson, a passenger on Flight 77, talks over the phone with her husband, Ted Olson, the solicitor general of the United States, and gives details of the hijacking of her plane, but the call is cut off after about a minute. [9/11 Commission, 5/20/2004; 9/11 Commission, 8/26/2004, pp. 32] Flight 77 was hijacked between around 8:51 a.m. and 8:54 a.m., according to the 9/11 Commission Report (see 8:51 a.m.-8:54 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 8] Sometime later, Barbara Olson tries calling her husband from the plane. The call initially reaches Mercy Lorenzo, an operator for AT&T, and after a short conversation, Lorenzo connects her to Ted Olson’s office at the Department of Justice in Washington, DC (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/11/2001; Federal Bureau of Investigation, 9/11/2001]
Secretary Answers the Call - There, the call is answered by Lori Keyton, a secretary. Lorenzo says there is an emergency collect call from Barbara Olson for Ted Olson. Keyton says she will accept it. Barbara Olson is then put through. She starts asking, “Can you tell Ted…” but Keyton cuts her off and says, “I’ll put him on the line.” [Federal Bureau of Investigation, 9/11/2001] Keyton then notifies Helen Voss, Ted Olson’s special assistant, about the call. She says Barbara Olson is on the line and in a panic. The call is then passed on to Ted Olson. [Federal Bureau of Investigation, 9/11/2001] Voss rushes up to him and says, “Barbara is on the phone.” Ted Olson has been watching the coverage of the crashes at the World Trade Center on television and was concerned that his wife might have been on one of the planes involved. He is therefore initially relieved at this news. However, when he gets on the phone with her, he learns about the crisis on Flight 77. [CNN, 9/14/2001; Newsweek, 9/28/2001; Hudson Union, 6/18/2014]
Barbara Olson Provides Details of the Hijacking - Barbara Olson tells her husband that her plane has been hijacked. She gives no information describing the hijackers. She says they were armed with knives and box cutters, but makes no mention of any of the crew members or passengers being stabbed or slashed by them. She says they moved all the passengers to the back of the plane and are unaware that she is making a phone call. After the couple have been talking for about a minute, the call is cut off. Ted Olson will then try to call Attorney General John Ashcroft on a direct line he has to Ashcroft but receive no answer. After that, he will call the Department of Justice command center and ask for someone there to come to his office (see (Between 9:17 a.m. and 9:29 a.m.) September 11, 2001). Barbara Olson will reach her husband again and provide more details about the hijacking a short time later (see (Between 9:20 a.m. and 9:30 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/11/2001; Newsweek, 9/28/2001; 9/11 Commission, 7/24/2004, pp. 9; 9/11 Commission, 8/26/2004, pp. 32]
Barbara Olson Is 'Incredibly Calm' - Accounts will later conflict over how composed Barbara Olson sounds during the call. She “did not seem panicked,” according to Ted Olson. [Federal Bureau of Investigation, 9/11/2001] “She sounded very, very calm… in retrospect, enormously, remarkably, incredibly calm,” he will say. [CNN, 9/14/2001] But Keyton will say that when she answered the call, Barbara Olson “sounded hysterical.” [Federal Bureau of Investigation, 9/11/2001] Ted Olson will add that he did not hear any noises on the plane other than his wife’s voice. [CNN, 9/14/2001]
Accounts Will Conflict over What Kind of Phone Is Used - Accounts will also be contradictory over whether Barbara Olson’s call is made using a cell phone or an Airfone. Keyton will say there is no caller identification feature on her phone and so she was unable to determine what kind of phone Barbara Olson used. [Federal Bureau of Investigation, 9/11/2001] Ted Olson will tell the FBI that he “doesn’t know if the calls [from his wife] were made from her cell phone or [an Airfone].” He will mention, though, that she “always has her cell phone with her.” [Federal Bureau of Investigation, 9/11/2001] He will similarly tell Fox News that he is unsure whether his wife used her cell phone or an Airfone. He will say he initially assumed the call must have been made on an Airfone and she called collect because “she somehow didn’t have access to her credit cards.” [Fox News, 9/14/2001] But he will tell CNN that she “called him twice on a cell phone.” [CNN, 9/12/2001] And in a public appearance in 2014, he will imply that she called him on her cell phone, saying, “I don’t know how Barbara managed to make her cell phone work” while she was in the air. [Hudson Union, 6/18/2014] Furthermore, a spokesman for Ted Olson will say that during the call, Barbara Olson said she was locked in the toilet. If correct, this would mean she must be using her cell phone. [Daily Mail, 9/12/2001; Evening Standard, 9/12/2001] But in 2002, Ted Olson will tell the London Telegraph that his wife called him on an Airfone and add, “I guess she didn’t have her purse, because she was calling collect.” [Daily Telegraph, 3/5/2002] And based on a study of all Airfone records, an examination of the cell phone records of all of the passengers who owned cell phones, and interviews with the people who received calls from the plane, the Department of Justice will determine that all of the calls from Flight 77 were made using Airfones.
Call Will Be Listed as Being Made to an 'Unknown' Number - A list compiled by the Department of Justice supposedly showing all of the calls made today from Flight 77 will include four “connected calls to unknown numbers” (see 9:15 a.m.-9:30 a.m. September 11, 2001). The 9/11 Commission Report will determine that these include the two calls made by Barbara Olson to her husband. According to the information in the list, her first call must occur at 9:15 a.m., 9:20 a.m., or 9:25 a.m. However, the FBI and the Department of Justice will conclude that all four “connected calls to unknown numbers” were communications between Barbara Olson and her husband’s office. [9/11 Commission, 5/20/2004; 9/11 Commission, 7/24/2004, pp. 455]
Barbara Olson Originally Planned to Fly Out a Day Earlier - Barbara Olson is a former federal prosecutor who is now a well-known political commentator on television. [Independent, 9/13/2001; New York Times, 9/13/2001] She was flying to Los Angeles to attend a major media business conference and to appear on Bill Maher’s television show, Politically Incorrect, this evening. [CNN, 9/14/2001; Hudson Union, 6/18/2014] She was originally scheduled to be on Flight 77 on September 10, but delayed her departure because today is Ted Olson’s birthday, and she wanted to be with him on the night before and have breakfast with him this morning. [CNN, 9/12/2001; Scotsman, 9/13/2001; Hudson Union, 6/18/2014] At around 9:00 a.m., Keyton received a series of about six to eight collect calls from an unknown caller that failed to go through (see (9:00 a.m.) September 11, 2001). Presumably these were made by Barbara Olson. [Federal Bureau of Investigation, 9/11/2001; 9/11 Commission, 8/26/2004, pp. 94] In an interview with the FBI on September 13, Ted Olson will mention some messages on his voicemail at his old law firm. Presumably, he will be suggesting that these were also from Barbara Olson (see (Between 8:55 a.m. and 9:36 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/13/2001]

Entity Tags: Barbara Olson, Helen Voss, Mercy Lorenzo, Lori Lynn Keyton, Theodore (“Ted”) Olson

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Addington.David Addington. [Source: David Bohrer / White House]According to an in-depth examination by the Washington Post, within hours of the 9/11 attacks, Vice President Dick Cheney begins working to secure additional powers for the White House. Cheney had plans in place to begin acquiring these powers for the executive branch before the attacks, but had not begun to execute them.
Gathering the Team - David Addington, Cheney’s general counsel and legal adviser, had been walking home after having to leave the now-evacuated Eisenhower Executive Office Building. He receives a message from the White House telling him to turn around, because the vice president needs him. After Addington joins Cheney in the Presidential Emergency Operations Center (PEOC) below the East Wing of the White House, the pair reportedly begin “contemplating the founding question of the legal revolution to come: What extraordinary powers will the president need for his response?” Later in the day, Addington connects by secure video with Timothy Flanigan, the deputy White House counsel, who is in the White House Situation Room. John Yoo, the deputy chief of the Office of Legal Counsel, is also patched in from the Justice Department’s command center. White House counsel Alberto Gonzales joins them later. This forms the core legal team that Cheney will oversee after the terrorist attacks. Associate White House counsel Bradford Berenson will later recall: “Addington, Flanigan and Gonzales were really a triumvirate. [Yoo] was a supporting player.” Addington dominates the group. Gonzales is there primarily because of his relationship with President Bush. He is not, Yoo will later recall, “a law-of-war expert and [doesn’t] have very developed views.” Along with these allies, Cheney will provide what the Washington Post calls “the rationale and political muscle to drive far-reaching legal changes through the White House, the Justice Department, and the Pentagon,” which will free the president to fight the war on terror, “as he saw fit.”
Drafting the AUMF - The team begins drafting the document that will become the Authorization to Use Military Force (AUMF—see October 10, 2002) passed by Congress for the assault on Afghanistan. In the words of the group, the president is authorized “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States.”
Extraordinarily Broad Language - The language is extraordinarily broad; Yoo will later explain that they chose such sweeping language because “this war was so different, you can’t predict what might come up.” The AUMF draft is the first of numerous attempts to secure broad powers for the presidency, most justified by the 9/11 attacks. The Washington Post will later report, “In fact, the triumvirate knew very well what would come next: the interception—without a warrant—of communications to and from the United States” (see September 25, 2001). [CNN, 9/11/2001; CNN, 9/12/2001; Unger, 2007, pp. 220-221; Washington Post, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, Timothy E. Flanigan, Craig Unger, Bradford Berenson, David S. Addington, Alberto R. Gonzales

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

During a phone call with Christopher Meyer, the British ambassador to the United States, National Security Adviser Condoleezza Rice suggests the possibility of Iraqi complicity in the attacks on New York and Washington. Following the strike on the Pentagon, Meyer held an emergency meeting of his staff at the British Embassy. He then calls Rice to offer condolences and support. He asks her who does she think was responsible for the attacks? In his 2005 memoirs, Meyer will recall: “The names al-Qaeda and Osama bin Laden were already in circulation. She said that the early evidence suggested that it was them. But there could also be a connection with Iraq. That would need investigating.” [BBC Radio 4, 2002 pdf file; Meyer, 2005, pp. 188 and 190] However, in a 2007 interview, he will suggest Rice might have made this reference to possible Iraqi complicity in a later call, saying, “I think it was in the same conversation [I had with Rice on the morning of September 11], or it may have been the next one we had very soon after, she said, ‘Well, one thing we need to look into is to see whether Iraq’s had anything to do with this.’” [PBS Frontline, 12/20/2007]

Entity Tags: Condoleezza Rice, Christopher Meyer

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline

CIA Director Tenet tells Defense Secretary Rumsfeld about an intercepted phone call from earlier in the day at 9:53 a.m. An al-Qaeda operative talked of a fourth target just before Flight 93 crashed. Rumsfeld’s assistant Stephen Cambone dictates Rumsfeld’s thoughts the time, and the notes taken will later be leaked to CBS News. According to CBS, “Rumsfeld felt it was ‘vague,’ that it ‘might not mean something,’ and that there was ‘no good basis for hanging hat.’ In other words, the evidence was not clear-cut enough to justify military action against bin Laden.” [CBS News, 9/4/2002] A couple of hours later, Rumsfeld will use this information to begin arguing that Iraq should be attacked, despite the lack of verified ties between al-Qaeda and Iraq (see (2:40 p.m.) September 11, 2001).

Entity Tags: Donald Rumsfeld, Stephen A. Cambone, Al-Qaeda, George J. Tenet

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Two sections from Rumsfeld’s notes, dictated to Stephen Cambone.Two sections from Rumsfeld’s notes, dictated to Stephen Cambone. [Source: Defense Department]Defense Secretary Rumsfeld aide Stephen Cambone is taking notes on behalf of Rumsfeld in the National Military Command Center. These notes will be leaked to the media nearly a year later. According to the notes, although Rumsfeld has already been given information indicating the 9/11 attacks were done by al-Qaeda (see 12:05 p.m. September 11, 2001) and he has been given no evidence so far indicating any Iraqi involvement, he is more interested in blaming the attacks on Iraq. According to his aide’s notes, Rumsfeld wants the “best info fast. Judge whether good enough hit S.H. [Saddam Hussein] at same time. Not only UBL [Osama bin Laden].… Need to move swiftly.… Go massive. Sweep it all up. Things related and not.” [CBS News, 9/4/2002; Bamford, 2004, pp. 285] In a 2004 book, author James Moore will write, “Unless Rumsfeld had an inspired moment while the rest of the nation was in shock, the notes are irrefutable proof that the Bush administration had designs on Iraq and Hussein well before the president raised his hand to take the oath of office.” [Moore, 3/15/2004, pp. 18]

Entity Tags: Stephen A. Cambone, Osama bin Laden, Saddam Hussein, Central Intelligence Agency, National Military Command Center, Donald Rumsfeld, Al-Qaeda

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

A section from Rumsfeld’s notes, dictated to Stephen Cambone.A section from Rumsfeld’s notes, dictated to Stephen Cambone. [Source: Defense Department] (click image to enlarge)Stephen Cambone, the Principal Deputy Undersecretary of Defense for Policy, makes the following note for Defense Secretary Rumsfeld at an emergency policy meeting, “AA 77—3 indiv have been followed since Millennium + Cole. 1 guy is assoc of Cole bomber. 2 entered US in early July (2 of 3 pulled aside and interrogated?).” Although four of the subsequently alleged Flight 77 hijackers were known to the authorities in connection with terrorism before 9/11, it appears that the three referred to here as being followed are Nawaf Alhazmi, Khalid Almihdhar, and Salem Alhazmi, due to their ties to an al-Qaeda Malaysia summit around the Millennium (see January 5-8, 2000) and ties to the USS Cole bombing (see October 12, 2000). Nawaf Alhazmi and Khalid Almihdhar initially arrived in the US shortly before or after the Millennium plot was due to come to fruition (see November 1999 and January 15, 2000), even entering at Los Angeles Airport (LAX), a target of the plot. If the note is literally correct that some US authorities were following these three since the Millennium, this would contradict the 9/11 Commission’s position that the trail of the three was lost shortly after the Millennium. The comment that one of the hijackers is an associate of a Cole bomber could refer to photos the CIA had before 9/11 identifying Almihdhar standing next to Cole bomber Fahad al-Quso (see Early December 2000) or photos of him standing next to Cole bomber Khallad bin Attash (see January 4, 2001). The note’s mention that two of them entered the US in July is also accurate, as Salem Alhazmi entered the US on June 29 (see April 23-June 29, 2001) and Khalid re-entered on July 4 (see July 4, 2001). [US Department of Defense, 9/11/2001 pdf file; US Department of Defense, 2/6/2006 pdf file] Earlier in the day, Cambone took notes for Rumsfeld that indicate Rumsfeld is keen to move against Iraq following the 9/11 attacks, even though he was aware there may be no connection between Iraq and 9/11 (see (2:40 p.m.) September 11, 2001). [US Department of Defense, 9/11/2001 pdf file; Guardian, 2/24/2006]

Entity Tags: Khalid Almihdhar, Stephen A. Cambone, Salem Alhazmi, Nawaf Alhazmi, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After a meeting with the full National Security Council from 9:00 to 10:00 p.m. (see (9:00 p.m.-10:00 p.m.) September 11, 2001), President Bush continues meeting with a smaller group of advisers. During this meeting, Bush says the US will punish not just the perpetrators of the 9/11 attacks, but also those who harbored them (this closely echoes the rhetoric he used in a speech that evening (see 8:30 p.m. September 11, 2001)). Secretary of State Colin Powell suggests the US needs to build a coalition of other nations. But according to the 9/11 Commission, Defense Secretary Donald Rumsfeld urges Bush to “think broadly about who might have harbored the attackers, including Iraq, Afghanistan, Libya, Sudan, and Iran. He wonder[s] aloud how much evidence the United States would need in order to deal with these countries, pointing out that major strikes could take up to 60 days to assemble.” [9/11 Commission, 7/24/2004, pp. 330] According to journalist Bob Woodward, at this meeting, “Rumsfeld actually puts Iraq on the table and says, ‘Part of our response maybe should be attacking Iraq. It’s an opportunity.’” [PBS Frontline, 6/20/2006] Earlier in the day, notes by a Rumsfeld aide indicate Rumsfeld was aware that evidence was already suggesting al-Qaeda was behind the 9/11 attacks, but he wanted to use 9/11 as an excuse to attack Iraq as well (see (2:40 p.m.) September 11, 2001).

Entity Tags: Colin Powell, George W. Bush, Bob Woodward, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

An illustration of the NIMD dataflow.An illustration of the NIMD dataflow. [Source: LibertyThink.com] (click image to enlarge)Shortly after the 9/11 attacks, the NSA awards $64 million in research contracts for a program called Novel Intelligence from Massive Data (NIMD). [New York Times, 5/21/2003; National Journal, 1/20/2006] NIMD is one of several cutting-edge data mining technologies that not only has the capability of finding keywords among millions of electronically monitored communications, but can find hidden relationships among data points, and even critique the thinking and biases of a particular analyst and suggest alternative hypotheses differing from the human analysts’ conclusion. Like other data-mining technologies, the NSA will steadfastly refuse to discuss whether NIMD is used to analyze data from domestic surveillance operations. NIMD is designed as an preliminary sort program, to keep human analysts from becoming overwhelmed by raw data. In essence, NIMD is an early-warning system. “NIMD funds research to…help analysts deal with information-overload, detect early indicators of strategic surprise, and avoid analytic errors,” according to the “Call for 2005 Challenge Workshop Proposals” released by the Advanced Research and Development Activity (ARDA). ARDA was founded in 1998 to create, design, and field new technologies for US intelligence agencies, particularly the NSA. A selected few Congressional lawmakers (see January 18, 2006) were informed that the warrantless surveillance program authorized by President George W. Bush (see Early 2002) was designed to be an early-warning system for possible terrorist attacks or plans. Assistant Attorney General William Moschella will inform the top Democrats and Republicans on the House and Senate Intelligence committees in December 2002 that the “president determined that it was necessary following September 11 to create an early-warning detection system” to prevent more attacks. He will justify the use of programs such as NIMD by claiming, as NSA director Michael Hayden and other administration officials have repeatedly claimed, that the Foreign Intelligence Surveillance Act (FISA), which allows the government to obtain warrants to conduct domestic eavesdropping or wiretapping, “could not have provided the speed and agility required for the early-warning detection system.” Many experts outside of the Bush administration feel that NIMD and other programs do not have to operate outside of the Foreign Intelligence Surveillance Act (FISA) because of limitations in the law, but because of the fact that the programs cannot meet the law’s minimum requirements for surveillance. FISA requires that any such surveillance must have a probable cause that the target is a terrorist. NIMD has no such threshold. Steven Aftergood, an expert on intelligence and government secrecy with the Federation of American Scientists, will say in 2006, “Logistically speaking, the early-warning approach may involve a significant increase in the number of surveillance actions. It may be that neither the Justice Department nor the [Foreign Intelligence Surveillance Court, which approves wiretapping warrants] is prepared to prepare and process several thousand additional FISA applications per year, beyond the 1,700 or so approved in 2004.” [National Journal, 1/20/2006] Some experts will later express the opinion that NIMD is the controversial Total Information Awareness program in a slightly different form (see February 2003 and September 2002).

Entity Tags: Senate Intelligence Committee, US Department of Justice, Total Information Awareness, William E. Moschella, Tom Armour, Novel Intelligence from Massive Data, Steven Aftergood, Michael Hayden, National Security Agency, Advanced Capabilities for Intelligence Analysis, Advanced Research and Development Activity, John Poindexter, Foreign Intelligence Surveillance Act, George W. Bush, Federation of American Scientists (FAS), House Intelligence Committee

Timeline Tags: Civil Liberties

NSA director Michael Hayden addresses the NSA in a global videoconference, saying that the NSA, like other government agencies, will have to do more to protect the country from further terrorist attacks. The challenge, he says, is to balance Americans’ security with civil liberties, “to keep America free by making Americans feel safe again.” Hayden will say in a 2006 speech reflecting on that videoconference (see January 23, 2006) that US citizens operate under misconceptions about the NSA’s capabilities—that while citizens believe the NSA has a global electronic surveillance network that can, and does, spy on citizens willy-nilly, in reality the NSA is understaffed and unprepared to handle the technological advances of the last decade. Hayden will say that with more extensive domestic surveillance of US citizens and foreign visitors, the NSA could have caught some of the 9/11 hijackers before they were able to put their plan into motion. The standards by which US citizens and foreign visitors are monitored must change, Hayden believes.
Expansion of NSA Surveillance Powers - Using Ronald Reagan’s 1981 executive order 12333 (see December 4, 1981), Hayden expands the NSA’s domestic surveillance practices to eavesdrop, sometimes without court approval, on selected international calls made by US citizens. Though Hayden’s expansion of NSA surveillance is not directly authorized by President Bush, and is not the same program as authorized by Bush’s secret executive order of 2002 (see Early 2002), Hayden will later say that this expansion is based on the intelligence community’s assessment “of a serious and continuing threat to the homeland.” Hayden’s program is reviewed and approved by lawyers at the NSA, the Justice Department, and the White House, as well as Attorney General John Ashcroft. [Michael Hayden, 1/23/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, US Department of Justice, National Security Agency, John Ashcroft, George W. Bush, Bush administration (43), Ronald Reagan, Michael Hayden

Timeline Tags: Civil Liberties

A Defense Department paper for a Camp David meeting with top Bush administration officials to take place the next day (see September 15, 2001) specifies three priority targets for initial action in response to the 9/11 attacks: al-Qaeda, the Taliban, and Iraq. It argues that of the three, al-Qaeda and Iraq pose a strategic threat to the US. Iraq’s alleged long-standing involvement in terrorism is cited, along with its interest in WMDs. [9/11 Commission, 7/24/2004, pp. 335, 559]

Entity Tags: US Department of Defense

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

A self-styled White House “war council” begins meeting shortly after the 9/11 attacks, to discuss the administration’s response to the attacks and the methods it will use (see (After 10:00 a.m.) September 11, 2001). The ad hoc group is composed of White House counsel Alberto Gonzales, Justice Department lawyer John Yoo, Pentagon chief counsel William J. Haynes, and the chief aide to Vice President Dick Cheney, David Addington. According to Jack Goldsmith, who will become head of the Justice Department’s Office of Legal Counsel (OLC) in 2003 (see October 6, 2003), the four believe that the administration’s biggest obstacle to responding properly to the 9/11 attacks is the body of domestic and international law that arose in the 1970s to constrain the president’s powers after the criminal excesses of Richard Nixon’s White House. Chief among these restraints is the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978). Though Addington tends to dominate the meetings with his imposing physical presence and aggressive personality, Yoo is particularly useful to the group; the head of the OLC, Jay Bybee (whom Goldsmith will replace) has little experience with national security issues, and delegates much of the responsibility for that subject to Yoo, even giving him the authority to draft opinions that are binding on the entire executive branch. Yoo agrees wholeheartedly with Addington, Gonzales, and Cheney about the need for vastly broadened presidential powers. According to Goldsmith, Yoo is seen as a “godsend” for the White House because he is eager to draft legal opinions that would protect Bush and his senior officials from any possible war crimes charges. However, Yoo’s direct access to Gonzales angers Attorney General John Ashcroft, who feels that the “war council” is usurping legal and policy decision-making powers that are legally his own. [New York Times Magazine, 9/9/2007] In 2009, Goldsmith will say, “[I]it was almost as if they [Cheney and Addington] were interested in expanding executive power for its own sake.” [Vanity Fair, 2/2009]

Entity Tags: Richard (“Dick”) Cheney, William J. Haynes, Richard M. Nixon, Office of Legal Counsel (DOJ), Jay S. Bybee, Jack Goldsmith, John C. Yoo, Bush administration (43), Foreign Intelligence Surveillance Act, Alberto R. Gonzales, David S. Addington

Timeline Tags: Civil Liberties

Shortly after the 9/11 attacks, Vice President Dick Cheney, Defense Secretary Donald Rumsfeld, and Deputy Defense Secretary Paul Wolfowitz create a secretive, ad hoc intelligence bureau within the Pentagon that they mockingly dub “The Cabal.” This small but influential group of neoconservatives is tasked with driving US foreign policy and intelligence reporting towards the goal of promoting the invasion of Iraq. To this end, the group—which later is folded into the slightly more official Office of Special Plans (OSP) (see 2002-2003)—gathers and interprets raw intelligence data for itself, refusing the participation of the experts in the CIA and DIA, and reporting, massaging, manipulating, and sometimes falsifying that information to suit their ends. [New Yorker, 5/12/2003] In October 2005, Larry Wilkerson, Secretary of State Colin Powell’s chief of staff, will say of the Cabal and the OSP (see October 2005), “What I saw was a cabal between the vice president of the United States, Richard Cheney, and the secretary of defense, Donald Rumsfeld, on critical issues that made decisions that the bureaucracy did not know were being made. Now it is paying the consequences of making those decisions in secret, but far more telling to me is America is paying the consequences.” [Financial Times, 10/20/2005]

Entity Tags: Thomas Franks, Paul Wolfowitz, Office of Special Plans, “The Cabal”, Central Intelligence Agency, Richard (“Dick”) Cheney, Colin Powell, Douglas Feith, Lawrence Wilkerson, Defense Intelligence Agency, Donald Rumsfeld

Timeline Tags: US confrontation with Iran, Events Leading to Iraq Invasion, Domestic Propaganda

President Bush signs a directive giving the CIA the authority to kill or capture suspected al-Qaeda members and to set up a global network of secret detention facilities—“black sites”—for imprisoning and interrogating them. [Truthout (.org), 8/27/2004]
Secret Prison System - The International Committee of the Red Cross (ICRC) will later call the sites a “hidden global internment network” designed for secret detentions, interrogations, and ultimately, torture. At least 100 prisoners will be remanded to this secret system of “extraordinary rendition.” The network will have its own fleet of aircraft (see October 4, 2001) and relatively standardized transfer procedures. [New York Review of Books, 3/15/2009] The directive, known as a memorandum of notification, will become the foundation for the CIA’s secret prison system. The directive does not spell out specific guidelines for interrogations. [New York Times, 9/10/2006]
Secret Assassination List - Bush also approves a secret “high-value target list” containing about two dozen names, giving the CIA executive and legal authority to either kill or capture those on the list (see Shortly After September 17, 2001). The president is not required to approve each name added to the list and the CIA does not need presidential approval for specific attacks. Further, a presidential finding gives the CIA broad authority to capture or kill terrorists not on the list; the list is merely the CIA’s primary focus. The CIA will use these authorities to hunt for al-Qaeda leaders in Afghanistan and elsewhere. [New York Times, 12/15/2002]

Entity Tags: Central Intelligence Agency, George W. Bush, International Committee of the Red Cross, Al-Qaeda

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

On September 12, 2001, President Bush spoke to counterterrorism “tsar” Richard Clarke and told him to look into possible Iraqi links to the 9/11 attacks (see September 12, 2001). Clarke works with CIA and FBI experts to make a report on the issue. [Vanity Fair, 5/2004, pp. 238] On September 18, Clarke sends a memo to National Security Adviser Condoleezza Rice entitled, “Survey of Intelligence Information on Any Iraq Involvement in the September 11 Attacks.” It passes along a few foreign intelligence reports, including a report just coming out of the Czech Republic alleging that hijacker Mohamed Atta met an Iraqi agent in Prague in April 2001. But it concludes there is no compelling case that Iraq had planned the 9/11 attacks. It further points out that allegations of any ties between al-Qaeda and the Iraqi government are weak, especially since bin Laden resents the secular nature of Saddam Hussein’s government. [9/11 Commission, 7/24/2004, pp. 335, 559] Clarke will later claim that the first draft of his memo was returned by National Security Adviser Rice or her deputy Stephen Hadley because it did not find any link between Iraq and al-Qaeda. He says, “It got bounced and sent back, saying ‘Wrong answer…. Do it again.’” Rice and Hadley will later deny that they asked to have the memo redone for this reason. Clarke does not know if Bush ever sees his report. “I don’t think he sees memos that he doesn’t-wouldn’t like the answer.” [Vanity Fair, 5/2004, pp. 238; 9/11 Commission, 7/24/2004, pp. 559]

Entity Tags: Richard A. Clarke, George W. Bush, Condoleezza Rice, Stephen J. Hadley

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

The Defense Policy Board (DPB) meets in secret in Defense Secretary Donald Rumsfeld’s Pentagon conference room on September 19 and 20 for 19 hours to discuss the option of taking military action against Iraq. [New York Times, 10/12/2001] They also discuss how they might overcome some of the diplomatic and political pressures that would likely attempt to impede a policy of regime change in Iraq. [New York Times, 10/12/2001] Among those attending the meeting are Rumsfeld, Deputy Defense Secretary Paul Wolfowitz, Princeton academic Bernard Lewis, Iraqi National Congress leader Ahmed Chalabi (see 1992-1996), Chalabi’s aide Francis Brooke, and the 18 members of the DPB. [New York Times, 10/12/2001; Vanity Fair, 5/2004, pp. 236; New Yorker, 6/7/2004] Defense Intelligence Agency official Patrick Lang will later call the DPB “a neocon[servative] sanctuary,” boasting such members as former House Speaker Newt Gingrich, former CIA Director James Woolsey, former arms control adviser Ken Adelman, former Undersecretary of Defense Fred Ikle, and former Vice President Dan Quayle. [Middle East Policy Council, 6/2004]
Powell, State Officials Not Informed of Meeting - Secretary of State Colin Powell and other State Department officials in charge of US policy toward Iraq are not invited and are not informed of the meeting. A source will later tell the New York Times that Powell was irritated about not being briefed on the meeting. [New York Times, 10/12/2001]
Chalabi, Lewis Lead Discussion - During the seminar, two of Richard Perle’s invited guests, Chalabi and Lewis, lead the discussion. Lewis says that the US must encourage democratic reformers in the Middle East, “such as my friend here, Ahmed Chalabi.” Chalabi argues that Iraq is a breeding ground for terrorists and asserts that Saddam Hussein’s regime has weapons of mass destruction. [Vanity Fair, 5/2004, pp. 232; Middle East Policy Council, 6/2004] He also asserts “there’d be no resistance” to an attack by the US, “no guerrilla warfare from the Ba’athists, and [it would be] a quick matter of establishing a government.” [New Yorker, 6/7/2004]
Overthrow of Hussein Advocated - Attendees write a letter to President Bush calling for the removal of Saddam Hussein. “[E]ven if evidence does not link Iraq directly to the attack [of 9/11], any strategy aiming at the eradication of terrorism and its sponsors must include a determined effort to remove Saddam Hussein from power in Iraq. Failure to undertake such an effort will constitute an early and perhaps decisive surrender in the war on international terrorism,” the letter reads. The letter is published in the Washington Times on September 20 (see September 20, 2001) in the name of the Project for the New American Century (PNAC), a neoconservative think tank that believes the US needs to shoulder the responsibility for maintaining “peace” and “security” in the world by strengthening its global hegemony. [Project for the New American Century, 9/20/2001; Manila Times, 7/19/2003] Bush reportedly rejects the letter’s proposal, as both Vice President Dick Cheney and Powell agree that there is no evidence implicating Saddam Hussein in the 9/11 attacks. [New York Times, 10/12/2001]
Woolsey Sent to Find Evidence of Hussein's Involvement - As a result of the meeting, Wolfowitz sends Woolsey to London to find evidence that Saddam Hussein was behind the 9/11 attacks and the earlier 1993 attack on the World Trade Center (see Mid-September-October 2001). [Middle East Policy Council, 6/2004]

Entity Tags: Newt Gingrich, Paul Wolfowitz, James Woolsey, Kenneth Adelman, Patrick Lang, Harold Brown, Defense Policy Board, Francis Brooke, Adm. David E. Jeremiah, Fred C. Ikle, Ahmed Chalabi, Dan Quayle, Bernard Lewis, Henry A. Kissinger, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

Douglas Feith suggests in a draft memo [Washington Post, 8/7/2004] that the US should consider “hitting terrorists outside the Middle East in the initial offensive, perhaps deliberately selecting a non-al-Qaeda target like Iraq.” Other regions he proposes attacking include South America and Southeast Asia. He reasons that an initial attack against such targets would “surprise… the terrorists” and catch them off guard. [9/11 Commission, 7/24/2004, pp. 277, 533; Newsweek, 8/8/2004] According to Newsweek, the content of Feith’s memo derives from the work of the Counter Terrorism Evaluation Group (see Shortly After September 11, 2001), a project headed by Michael Maloof and David Wurmser. The group suggested that an attack on the remote Triborder region, where Paraguay, Argentina, and Brazil meet and where Iranian-backed Hezbollah is said to have a presence, would have a ripple effect among international Islamic militant groups. [Newsweek, 8/8/2004] Feith later says his memo merely expands upon ideas put forth by Defense Secretary Donald Rumsfeld in a memo (see September 19, 2001) the secretary wrote the day before to Gen. Henry Shelton, chairman of the Joint Chiefs of Staff. [Washington Post, 8/7/2004] The logic behind proposing strikes against targets outside of the Middle East, Feith says, was based on the need to “cast a wide net” and achieve “additional objectives,” such as creating fissures in the enemy network, highlighting “the global nature of the conflicts,” showing “seriousness of US military purpose,” and demonstrating that the “war would not be limited geographically to Afghanistan.” [Washington Post, 8/7/2004]

Entity Tags: David Wurmser, Douglas Feith, F. Michael Maloof

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

During President Bush’s presidential daily briefing (PDB), Bush is informed that the US intelligence community has found no evidence linking Saddam Hussein’s regime in Iraq to the 9/11 attacks, nor any evidence of links between Hussein and al-Qaeda. The briefing has been prepared at the request of Bush, who is said to be eager to learn of any possible connection between Iraq and al-Qaeda. Yet during the briefing, he is told that the few believable reports of contact between the two were in fact attempts by Hussein to monitor the group, which he considered a threat to his secular regime. Analysts believe that at one point Hussein considered infiltrating al-Qaeda with Iraqi nationals or Iraqi intelligence operatives, so as to learn more about its inner workings. A former US administration official later will state, “What the president was told on September 21 was consistent with everything he has been told since—that the evidence [linking Iraq to 9/11] was just not there.” The existence of the September 21 PDB will not be disclosed to the Senate Intelligence Committee until the summer of 2004, while the committee will be investigating whether the Bush administration misrepresented intelligence information in the period leading up to the March 2003 invasion of Iraq. As of the end of 2005, the Bush administration will still refuse to turn over the briefing, even on a classified basis, and will say nothing more about it other than the fact that it exists. [National Journal, 11/22/2005; MSNBC, 11/22/2005; Agence France-Presse, 11/23/2005; Unger, 2007, pp. 217] According to journalist Ron Suskind, during the meeting, CIA Director George Tenet tells Bush about the alleged meeting hijacker Mohamed Atta had with an Iraqi agent in Prague, which has been reported in the media in recent days (see September 18, 2001). However, Tenet says: “Our Prague office is skeptical about the report. It just doesn’t add up.” He points out that credit card and phone records place Atta in Virginia during the time in question. [Suskind, 2006, pp. 23]

Entity Tags: Mohamed Atta, George W. Bush, Saddam Hussein, Bush administration (43), Al-Qaeda, George J. Tenet

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline

In an op-ed column for the neoconservative Weekly Standard, writers Thomas Donnelly and Gary Schmitt state that the US’s enemies “want to push the United States out of the Middle East. Our response must be to prevent that.” Donnelly and Schmitt, members of the Project for the New American Century think tank (PNAC—see January 26, 1998 and September 2000), say that such an effort “will require more than a vague, unfocused ‘war on terrorism.‘… Last week’s strikes represent a new and more complex phase of this war. But this is not a new war. This is a ‘theater war’ in the classic sense. Neither [O]sama bin Laden nor Saddam [Hussein] cares much about America’s role in Europe or East Asia. They want us out of their region.”
Reasserting Dominance in Middle East - The US can win this “struggle for power in the Persian Gulf” by “reasserting our role as the region’s dominant power; as the guarantor of regional security; and as the protector of Israel, moderate Arab regimes, and the economic interests of the industrialized world.” Donnelly and Schmitt trace the US’s problems in the region back to the decision not to overthrow Hussein in 1991 (see January 16, 1991 and After). “As Saddam has crawled back from defeat,” they write, “bin Laden has grown increasingly bold. Meanwhile, our regional allies have begun to hedge their bets, not only with the terrorists and Iraq, but with Iran as well.” The US should focus on routing both bin Laden and Hussein from the region, they say. It is unclear if Hussein was involved in the 9/11 attacks, they say, though they assert that Hussein was “implicated in the 1993 World Trade Center bombing (see February 26, 1993 and October 2000).… But as with bin Laden, we have long known that Saddam is our enemy, and that he would strike us as hard as he could. And if we have learned anything at all from [the] past week, it is that adopting a defensive posture risks attacks with unacceptable consequences. The only reasonable course when faced with such foes is to preempt and to strike first.” Overthrowing Hussein “is the key to restoring our regional dominance and preventing our enemies from achieving their war aims.… When Bush administration officials speak of ‘ending’ regimes that participate in the war against America, they must mean Saddam Hussein’s Iraq” (see Before January 20, 2001).
Cowing Other Nations, Restoring 'Global Credibility' - Overthrowing the Iraqi government will also cow Iran, Syria, and other regional threats, the authors say, and “will restore the global credibility tarnished in the Clinton years. Both our friends and our enemies will be watching to see if we pass this test.” Although attacking Afghanistan is not necessary, toppling the Saddam regime will not be difficult in a military sense, and “the larger challenge will be occupying Iraq after the fighting is over.”
Surpluses Will Pay for Effort - The so-called “lockboxes”—Social Security funds and others—previously kept from being spent on other government programs are, the authors write, “yesterday’s news,” but the sharp increases in defense spending that this war effort will require will not be difficult to fund: “given the surpluses that exist, there is no impediment to such increases.” [Weekly Standard, 9/24/2001]

Entity Tags: Thomas Donnelly, Gary Schmitt, Weekly Standard, Project for the New American Century

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

John Yoo, a deputy assistant attorney general in the Department of Justice (DOJ) Office of Legal Counsel (OLC), issues a legal opinion that says the US can conduct electronic surveillance against its citizens without probable cause or warrants. According to the memo, the opinion was drafted in response to questions about whether it would be constitutional to amend the Foreign Intelligence Surveillance Act (FISA) to state that searches may be approved when foreign intelligence collection is “a purpose” of the search, rather than “the purpose.” Yoo finds this would be constitutional, but goes further. He asserts that FISA is potentially in conflict with the Constitution, stating, “FISA itself is not required by the Constitution, nor is it necessarily the case that its current standards match exactly to Fourth Amendment standards.” Citing Vernonia School Dist. 47J v. Acton, in which the Supreme Court found that warrantless searches of students were permissible, Yoo argues that “reasonableness” and “special needs” are also the standards according to which warrantless monitoring of the private communications of US persons is permissible. According to Yoo, the Fourth Amendment requirement for probable cause and warrants prior to conducting a search pertain primarily to criminal investigations, and in any case cannot be construed to restrict presidential responsibility and authority concerning national security. Yoo further argues that in the context of the post-9/11 world, with the threat posed by terrorism and the military nature of the fight against terrorism, warrantless monitoring of communications is reasonable. Some information indicates the NSA began a broad program involving domestic surveillance prior to the 9/11 attacks, which contradicts the claim that the program began after, and in response to, the attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [US Department of Justice, 9/25/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Inspectors General, 7/10/2009]
Yoo Memo Used to Support Legality of Warrantless Surveillance - Yoo’s memo will be cited to justify the legality of the warrantless domestic surveillance program authorized by President Bush in October 2001 (see October 4, 2001). NSA Director General Michael Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general.” The various post-9/11 NSA surveillance activities authorized by Bush will come to be referred to as the President’s Surveillance Program (PSP), and the first memo directly supporting the program’s legality will be issued by Yoo on November 2, 2001, after the program has been initiated (see November 2, 2001). Many constitutional authorities will reject Yoo’s legal rationale. [Michael Hayden, 1/23/2006]
Yoo Memo Kept Secret from Bush Officials Who Might Object - According to a report by Barton Gellman and Jo Becker in the Washington Post, the memo’s “authors kept it secret from officials who were likely to object,” including ranking White House national security counsel John Bellinger, who reports to National Security Adviser Condoleezza Rice. Bellinger’s deputy, Bryan Cunningham, will tell the Post that Bellinger would have recommended having the program vetted by the Foreign Intelligence Surveillance Court, which oversees surveillance under FISA. Gellman and Becker quote a “senior government lawyer” as saying that Vice President Dick Cheney’s attorney, David Addington, had “open contempt” for Bellinger, and write that “more than once he accused Bellinger, to his face, of selling out presidential authority for good ‘public relations’ or bureaucratic consensus.” [Washington Post, 6/24/2007]

Entity Tags: US Department of Justice, John Bellinger, National Security Agency, Bryan Cunningham, Condoleezza Rice, David S. Addington, Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, Office of Legal Counsel (DOJ), John C. Yoo, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

During a National Security Council meeting attended by CIA Director Tenet, National Security Adviser Rice, Secretary of State Powell, Vice President Cheney and others, President Bush says of the 9/11 attacks, “Many believe Saddam [Hussein] is involved. That’s not an issue for now. If we catch him being involved, we’ll act. He probably was behind this in the end.” He also says, “What we do in Afghanistan is an important part of our effort. It’s important to be serious and that’ll be a signal to other countries about how serious we are on terror.” He mentions Syria and Iran as countries he wants to warn. This is according to journalist Bob Woodward, who interviews many top officials at the meeting. [Woodward, 2002, pp. 167] One week earlier, the CIA advised Bush that there was no link between al-Qaeda and the Iraqi government. CIA Director Tenet also told Bush that the one alleged connection between Iraq and the 9/11 attack “just doesn’t add up” (see September 21, 2001).

Entity Tags: National Security Council, Bob Woodward, Colin Powell, Condoleezza Rice, Richard (“Dick”) Cheney, Saddam Hussein, George J. Tenet, George W. Bush

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

James Bamford.James Bamford. [Source: PBS]According to author James Bamford, SISMI passes on details of the alleged Iraq-Niger uranium deal “to the Executive Committee of the Intelligence and Security Services (CESIS), which in turn pass[es] it on to the Faresine, the Italian Foreign Ministry, and to Prime Minister Silvio Berlusconi at his office in Rome’s Palazzo Chigi. Only the Farnesina raise[s] ‘strong objection’ and ‘reservations’ about the report—primarily from the African Countries Directorate. They [are] greatly concerned about the reliability of the information.” [Bamford, 2004, pp. 303]

Entity Tags: Silvio Berlusconi, Italian Foreign Ministry, SISMI, Committee of the Intelligence and Security Services

Timeline Tags: Niger Uranium and Plame Outing

Former AT&T employee Mark Klein.Former AT&T employee Mark Klein. [Source: PBS]The National Security Agency, as part of its huge, covert, and possibly illegal wiretapping program directed at US citizens (see Spring 2001 and After September 11, 2001), begins collecting telephone records of tens of millions of Americans, using data provided by telecommunications firms such as AT&T, Verizon, and BellSouth (see February 5, 2006). The media will not report on this database until May 2006 (see May 11, 2006). The program collects information on US citizens not suspected of any crime or any terrorist connections. Although informed sources say the NSA is not listening to or recording actual conversations, the agency is using the data to analyze calling patterns in an effort to detect terrorist activity. “It’s the largest database ever assembled in the world,” says one anonymous source. The NSA intends “to create a database of every call ever made.” As a result, the NSA has detailed records of the phone activities of tens of millions of US citizens, from local calls to family and friends to international calls. The three telecommunications companies are working with the NSA in part under the Communications Assistance Act for Law Enforcement (CALEA) (see January 1, 1995 and June 13, 2006) and in part under contract to the agency.
Surveillance Much More Extensive Than Acknowledged - The wiretapping program, which features electronic surveillance of US citizens without court warrants or judicial oversight, is far more extensive than anything the White House or the NSA has ever publicly acknowledged. President Bush will repeatedly insist that the NSA focuses exclusively on monitoring international calls where one of the call participants is a known terrorist suspect or has a connection to terrorist groups (see December 17, 2005 and May 11, 2006), and he and other officials always insist that domestic calls are not monitored. This will be proven false. The NSA has become expert at “data mining,” sifting through reams of information in search of patterns. The warrantless wiretapping database is one source of information for the NSA’s data mining. As long as the NSA does not collect “personal identifiers”—names, Social Security numbers, street addresses, and the like—such data mining is legal. But the actual efficacy of the wiretapping program in learning about terrorists and possibly preventing terrorist attacks is unclear at best. And many wonder if the NSA is not repeating its activities from the 1950s and 1960s, when it conducted “Operation Shamrock” (see 1945-1975), a 20-year program of warrantless wiretaps of international phone calls at the behest of the CIA and other intelligence agencies. Operation Shamrock, among other things, led to the 1978 passage of the Foreign Intelligence Surveillance Act (see 1978). [USA Today, 5/11/2006] In May 2006, former NSA director Bobby Ray Inman will say, “[T]his activity is not authorized” (see May 12, 2006). [Democracy Now!, 5/12/2006]
Secret Data Mining Center - In May 2006, retired AT&T technician Mark Klein, a 22-year veteran of the firm, will file a court affidavit saying that he saw the firm construct a secret data-mining center in its San Francisco switching center that would let the NSA monitor domestic and international communications (see January 2003). And former AT&T workers say that, as early as 2002, AT&T has maintained a secret area in its Bridgeton, Missouri, facility that is likely being used for NSA surveillance (see Late 2002-Early 2003).
Domestic Surveillance Possibly Began Before 9/11 - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, Verizon Communications, Mark Klein, George W. Bush, AT&T, BellSouth, Central Intelligence Agency, Communications Assistance for Law Enforcement Act (CALEA), Foreign Intelligence Surveillance Act, Qwest, National Security Agency

Timeline Tags: Civil Liberties

President Bush issues a directive authorizing the National Security Agency (NSA) to operate a warrantless domestic surveillance program. Author/journalist Jane Mayer will report in 2011, “[O]n October 4, 2001, Bush authorized the policy, and it became operational by October 6th,” and, “[t]he new policy, which lawyers in the Justice Department justified by citing President Bush’s executive authority as commander in chief, contravened a century of constitutional case law.” Mayer will interview NSA whistleblower Thomas Drake for her article and quote him as saying that, following the October 4 directive, “strange things were happening. Equipment was being moved. People were coming to me and saying, ‘We’re now targeting our own country!’” Bush’s directive is based on a legal opinion drafted by Department of Justice Office of Legal Counsel Deputy Attorney General John Yoo (see September 25, 2001). [New Yorker, 5/23/2011]
Conflicting Information regarding Date of First Authorization - The existence of the NSA’s domestic surveillance program will first be made public in December 2005, following reporting by the New York Times that will cite “[n]early a dozen current and former officials” (see December 15, 2005). The Times article will state that in 2002, “[m]onths after the Sept. 11 attacks,” Bush signed an executive order authorizing the NSA to monitor domestic phone calls, including those of US citizens and permanent residents, if one end of the call was outside the country. The Times article also mentions an NSA “‘special collection program’ [that] began soon after the Sept. 11 attacks, as it looked for new tools to attack terrorism.” The difference between the October 4, 2001 directive and the 2002 executive order referred to by the Times is unclear. [New York Times, 12/16/2005]
Other Sources for October Directive - Other sources, including Bush, NSA Director General Michael Hayden, and the inspectors general of five separate agencies, will later refer to a presidential order having been given in “October,” or “weeks” after the 9/11 attacks, and say that, subsequent to this order, international calls of US persons are targeted for content-monitoring. Following the publication of the Times article, Bush will say in a December 17, 2005 radio address: “In the weeks following the terrorist attacks on our nation, I authorized the National Security Agency, consistent with US law and the Constitution, to intercept the international communications of people with known links to al-Qaeda and related terrorist organizations. Before we intercept these communications, the government must have information that establishes a clear link to these terrorist networks” (see December 17, 2005). This presidential authorization was based on a legal opinion drafted by Department of Justice Office of Legal Counsel attorney John Yoo (see October 18, 2001). [WhiteHouse(.gov), 12/17/2005] Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001,” which is when he “gathered key members of the NSA workforce… [and] introduced [the NSA’s] new operational authority to them.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general,” and that “the three most senior and experienced lawyers in NSA… supported the lawfulness of this program.” [Michael Hayden, 1/23/2006] In a July 10, 2009 jointly-issued report, the inspectors general of the Department of Defense, Department of Justice, CIA, NSA, and Office of the Director of National Intelligence will refer to the “President’s Surveillance Program” (PSP) and “the program’s inception in October 2001.” The report will say: “One of the activities authorized as part of the PSP was the interception of the content of communications into and out of the United States where there was a reasonable basis to conclude that one party to the communication was a member of al-Qaeda or related terrorist organizations.… The attorney general subsequently publicly acknowledged the fact that other intelligence activities were also authorized under the same presidential authorization, but the details of those activities remain classified.” [Inspectors General, 7/10/2009] Citing “a senior administration official,” the Washington Post will report on January 4, 2006: “The secret NSA program… was authorized in October 2001.… The president and senior aides have publicly discussed various aspects of the program, but neither the White House, the NSA, nor the office of the director of national intelligence would say what day the president authorized it.” [Washington Post, 1/4/2006]

Entity Tags: US Department of Justice, Thomas Drake, US Department of Defense, Office of Legal Counsel (DOJ), Office of the Director of National Intelligence, Michael Hayden, National Security Agency, George W. Bush, Central Intelligence Agency, John C. Yoo, Jane Mayer

Timeline Tags: Civil Liberties

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 Bush administration asks the major US television networks to refrain from showing unedited video messages taped by Osama bin Laden. They agree. A Newsweek article is critical of the decision, pointing out that “all but one [of these networks] are controlled by major conglomerates that have important pending business with the government.” The article openly questions if the media is “doing too much of the government’s bidding” in reporting on 9/11. Says one expert, “I’m not saying that everything is a horrible paranoid fantasy, but my sense is there’s an implicit quid pro quo here. The industry seems to be saying to the administration, ‘We’re patriotic, We’re supporting the war, we lost all of this advertising, now free us from [business] constraints.’” [Newsweek, 10/13/2001]

Entity Tags: Bush administration (43), Osama bin Laden

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline, Domestic Propaganda

Nancy Pelosi.Nancy Pelosi. [Source: US Congress]House Minority Leader Nancy Pelosi (D-CA) writes to NSA Director Michael Hayden questioning the nature and extent of the apparently illegal warrantless wiretapping of US citizens by the agency. Pelosi and other members of the House Intelligence Committee were briefed on October 1, 2001, by Hayden, whose agency began conducting surveillance against US citizens after the 9/11 attacks (see After September 11, 2001). Pelosi will release the letter on January 6, 2006, three weeks after the New York Times revealed that the NSA had been conducting electronic surveillance of US citizens without warrants since at least 2002 (see December 15, 2005.) Pelosi’s office will also release Hayden’s response, but almost the entire letter from Hayden is redacted.
Letter to Hayden - Pelosi writes in part, “[Y]ou indicated [in the briefing] that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance under the Foreign Intelligence Surveillance Act and related statutes, orders, regulations, and guidelines.… For several reasons, including what I consider to be an overly broad interpretation of President Bush’s directive of October 5 on sharing with Congress ‘classified or sensitive law enforcement information’ it has not been possible to get answers to my questions. Without those answers, the concerns I have about what you said on the First can not be resolved, and I wanted to bring them to your attention directly. You indicated that you were treating as a matter of first impression, [redacted ] being of foreign intelligence interest. As a result, you were forwarding the intercepts, and any information [redacted ] without first receiving a request for that identifying information to the Federal Bureau of Investigation. Although I may be persuaded by the strength of your analysis [redacted ] I believe you have a much more difficult case to make [redacted ] Therefore, I am concerned whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting. Until I understand better the legal analysis regarding the sufficiency of the authority which underlies your decision on the appropriate way to proceed on this matter, I will continue to be concerned.” The only portion of Hayden’s October 18 reply regarding Pelosi’s concerns that has not been redacted reads, “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” In January 2006, an NSA official will say that Pelosi’s concerns were adequately addressed in Hayden’s reply, and in a private briefing shortly thereafter. [Washington Post, 1/4/2006; Nancy Pelosi, 1/6/2006]
Pelosi Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Pelosi is apparently unaware of any of this.

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi

Timeline Tags: Civil Liberties

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

Italy’s military intelligence service (SISMI) provides Jeff Castelli, the CIA station chief in Rome, with papers documenting an alleged uranium deal between Iraq and Niger. Castelli, who is not permitted to duplicate the papers, writes a summary of them and sends the report to Langley. [New Yorker, 10/27/2003; Knight Ridder, 11/4/2005; La Repubblica (Rome), 11/11/2005]
The allegations - The report includes four allegations:
bullet The report states that Iraq first communicated its interest in purchasing uranium from Niger at least as early as 1999. [US Congress, 7/7/2004] As blogger ERiposte will conclude through his analysis at TheLeftCoaster.Org [ERiposte, 10/31/2005] , none of the documents that are later provided to the US as the basis for this allegation include actual proof of uranium negotiations in 1999. Two of the source documents for this allegation do mention a 1999 visit by Wissam Al-Zahawi to Niger; however, no evidence has ever surfaced suggesting that there were any discussions about uranium during that visit (see February 1999). The first document (possibly authentic) is a letter, dated February 1, 1999, from the Niger embassy in Rome to Adamou Chekou, the Minister of Foreign Affairs in Niger, announcing Zahawie’s trip. It does not mention uranium. (Note that the SISMI report does not mention Al-Zahawi’s trip, it only states that uranium negotiations between the two countries began by at least 1999.) The second document is a letter dated July 30, 1999 from the Niger Ministry of Foreign Affairs to his ambassador in Rome requesting that he contact Zahawie, concerning an agreement signed June 28, 2000 to sell uranium to Iraq. The letter is an obvious forgery because it refers to an event that it describes as taking place 11 months later. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003]
bullet The SISMI report states that in “late 2000,” the State Court of Niger approved an agreement with Iraq whereby Niger would sell Iraq a large quantity of uranium. This allegation appears to be based on a forged document titled “Annex 1,” which was possibly an annex to the alleged uranium agreement. It is evident that this document was forged because it says that the state court “met in the chamber of the council in the palace… on Wednesday, July 7, 2000.” But July 7, 2000 was, in fact, a Friday, not a Wednesday. One of SISMI’s reports to the US, possibly this one, actually reproduces this error. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003; ERiposte, 10/31/2005]
bullet According to the report, Nigerien President Mamadou Tandja approved the agreement and communicated this decision to Iraqi President Saddam Hussein. The source for this is apparently a forged letter from the president of Niger to Saddam Hussein, in which the president refers to his authority under the country’s obsolete 1966 constitution. At the time the letter was presumed to have been written, the constitution in effect would have been that of December 26, 1992, which was subsequently revised by national referendum on May 12, 1996 and again by referendum on July 18, 1999. [Unknown, n.d.; Reuters, 3/26/2003; La Repubblica (Rome), 7/16/2003; US Department of State, 9/2005]
bullet The report also alleges that in October 2000, Nigerien Minister of Foreign Affairs Nassirou Sabo informed one of his ambassadors in Europe that Niger had agreed to provide several tons of uranium to Iraq. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003] This is seemingly based on a forged letter that accompanied the alleged uranium sales agreement. The letter, dated October 10, 2000, is stamped as being received in Rome on September 28, 2000—nearly two weeks before the letter was presumably written. Furthermore, there is a problem with the signature. Unlike what is reported in the SISMI papers provided to the CIA, the actual letter is signed by Allele Elhadj Habibou, who left office in 1989. This indicates that someone must have corrected this information, replacing the name of Allele Elhadj Habibou with that of Nassirou Sabo (the minister in October 2000), before the letter was included in this report. [ERiposte, 10/31/2005]
Distribution within US Intelligence Community - After receiving the report from its Rome station, the CIA distributes it to other US intelligence agencies. According to a later Senate investigation, the “CIA, Defense Intelligence Agency (DIA), and Department of Energy (DOE) analysts considered the reporting to be ‘possible’ while the Department of State’s Bureau of Intelligence and Research (INR) regarded the report as ‘highly suspect,’ primarily because INR analysts did not believe that Niger would be likely to engage in such a transaction and did not believe Niger would be able to transfer uranium to Iraq because a French consortium maintained control of the Nigerien uranium industry.” [US Congress, 7/7/2004] Sources later interviewed by New Yorker’s Seymour Hersh portray US intelligence analysts’ assessment of the report in slightly harsher terms, saying that they “dismissed [it] as amateurish and unsubstantiated.” [New Yorker, 10/27/2003] “I can fully believe that SISMI would put out a piece of intelligence like that,” a CIA consultant later tells Hersh, “but why anybody would put credibility in it is beyond me.” [New Yorker, 5/17/2004, pp. 227] Langley asks for further clarification from Rome and receives a response three days later (see October 18, 2001). [La Repubblica (Rome), 11/11/2005]
Repeated Dissemination - The documents and reports based on the documents are sent to the CIA at least three separate times. They are also sent to the White House, the US embassy in Rome, British and French intelligence, and Italian journalist Elisabetta Burba of the news magazine Panorama. Each recipient in turn shares the documents, or their contents, with others, creating what author Craig Unger later calls “an echo chamber that gives the illusion that several independent sources had corroborated an Iraq-Niger uranium deal.” [Unger, 2007, pp. 237]

Entity Tags: Bureau of Intelligence and Research, Central Intelligence Agency, Craig Unger, Defense Intelligence Agency, Mamadou Tandja, SISMI, Elisabetta Burba, Nassirou Sabo, Wissam al-Zahawie, Saddam Hussein, Jeff Castelli, US Department of Energy

Timeline Tags: Niger Uranium and Plame Outing

Nicolo Pollari, the newly appointed head of Italy’s intelligence agency SISMI, visits his counterparts at CIA headquarters in Langley, Virginia. Italian Prime Minister Silvio Berlusconi has pressured Pollari to give the US any information he has that would be useful for the US case for war with Iraq. As such, Pollari gives the CIA a dossier concerning the supposed uranium deal between Iraq and Niger, not the first time the CIA has received these documents (see October 15, 2001 and October 18, 2001). The actual forged documents are not in Pollari’s dossier. Although CIA analysts will call the report “very limited and lacking necessary detail,” the fact that Pollari himself delivers the dossier adds credibility to the information; as a result, the State Department will direct the US embassy in Niger to look into the allegations. [Unger, 2007, pp. 229]

Entity Tags: Central Intelligence Agency, Nicolo Pollari, US Department of State, Silvio Berlusconi, SISMI

Timeline Tags: Niger Uranium and Plame Outing

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

Nicolo Pollari, chief of Italy’s military intelligence service (SISMI—see (After October 18, 2001) and September 9, 2002), responds to the CIA’s request for clarification on the alleged uranium deal between Iraq and Niger (see October 15, 2001). Pollari’s page and a half letter explains that “the information comes form a creditable source, La Signora [Laura Montini],” who has in the past “given SISMI the cryptographic codes and memorandum ledgers from the Niger Embassy.” [La Repubblica (Rome), 11/11/2005] Some time around this same date, according to La Repubblica, Pollari discusses the issue with Italy’s Minister of Defense, Antonio Martino (no relation to Rocco Martino, the document peddler—see March 2000, Late June 2002, Afternoon October 7, 2002, and Summer 2004). Martino tells Pollari to expect a visit from “an old friend of Italy,” Martino’s longtime friend and colleague Michael Ledeen (see (After October 18, 2001) and April 3, 2005). Ledeen will later deny that any such meeting with Pollari ever happened. Pollari will deny any involvement with the Iraq-Niger affair. [Unger, 2007, pp. 235-236]

Entity Tags: Nicolo Pollari, Central Intelligence Agency, Antonio Martino, Laura Montini, Michael Ledeen

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

Nicolo Pollari.Nicolo Pollari. [Source: Agence France-Presse]Nicolo Pollari, chief of Italian intelligence (SISMI), is reportedly disappointed with his attempts to communicate with US intelligence. (It is not clear from the reporting what exactly Pollari is dissappointed about. It has been interpreted to have meant that Pollari is disappointed about US intelligence’s refusal to take SISMI’s October 15 report seriously) Prime Minister Silvio Berlusconi had reportedly asked Pollari to establish closer relations with Washington (see Shortly after September 11, 2001). According to La Repubblica, the prime minister’s diplomatic advisor, Gianni Castellaneta, advises Pollari to look in “other directions.” The Italian minister of defense, Antonio Martino, invites Pollari to meet with American neoconservative Michael Ledeen, which he does in December (see December 9, 2001). [La Repubblica (Rome), 10/25/2005]

Entity Tags: Nicolo Pollari, Gianni Castellaneta, Michael Ledeen, Antonio Martino

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence, Niger Uranium and Plame Outing

A Washington Post article hints at the US government’s use rendition and torture. It refers to four suspects out of the hundreds arrested in the US—Zacarias Moussaoui, Nabil al-Marabh, Ayub Ali Khan, and Mohammed Azmath—who may actually have links to al-Qaeda (see October 20, 2001). The article quotes an “experienced FBI agent involved in the investigation,” who says: “We are known for humanitarian treatment, so basically we are stuck.… Usually there is some incentive, some angle to play, what you can do for them. But it could get to that spot where we could go to pressure… where we won’t have a choice, and we are probably getting there.” The article goes on to mention: “Among the alternative strategies under discussion are using drugs or pressure tactics, such as those employed occasionally by Israeli interrogators, to extract information. Another idea is extraditing the suspects to allied countries where security services sometimes employ threats to family members or resort to torture.” [Washington Post, 10/21/2001] Although it is little known in the US at the time, the CIA has already been renditioning suspects to countries known for practicing torture (see September 23, 2001), and has made arrangements with NATO countries to increase the number of such renditions (see October 4, 2001). Azmath and Khan will later be cleared of al-Qaeda ties and released (see October 20, 2001). Al-Marabh will be deported to Syria under mysterious circumstances and rearrested by the Syrian government (see Spring 2004). Moussaoui will be sentenced to life in prison in the US (see May 3, 2006).

Entity Tags: Mohammed Azmath, Federal Bureau of Investigation, Nabil al-Marabh, Syed Gul Mohammad Shah, Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline

John Yoo, a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, and OLC special counsel Robert Delahunty issue a joint memo to White House counsel Alberto Gonzales. The memo claims that President Bush has sweeping extraconstitutional powers to order military strikes inside the US if he says the strikes are against suspected terrorist targets. In the days following the 9/11 attacks, Gonzales asked if Bush could legally order the military to combat potential terrorist activity within the US. The memo is first revealed to exist seven years later (see April 2, 2008) after future OLC head Steven Bradbury acknowledges its existence to the American Civil Liberties Union; it will be released two months after the Bush administration leaves the White House (see March 2, 2009). [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]
Granting Extraordinary, Extraconstitutional Authority to Order Military Actions inside US - Yoo and Delahunty’s memo goes far past the stationing of troops to keep watch at airports and around sensitive locations. Instead, the memo says that Bush can order the military to conduct “raids on terrorist cells” inside the US, and even to seize property. “The law has recognized that force (including deadly force) may be legitimately used in self-defense,” they write. In 2009, Reuters will write, “The US military could have kicked in doors to raid a suspected terrorist cell in the United States without a warrant” under the findings of the OLC memo. “We do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant,” Yoo and Delahunty write. [US Department of Justice, 10/23/2001 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009] The memo reasons that since 9/11, US soil can be legally construed as being a battlefield, and Congress has no power to restrict the president’s authority to confront enemy tactics on a battlefield. [Savage, 2007, pp. 131]
No Constitutional or Other Legal Protections - “[H]owever well suited the warrant and probable cause requirements may be as applied to criminal investigations or to other law enforcement activities, they are unsuited to the demands of wartime and the military necessity to successfully prosecute a war against an enemy. [Rather,] the Fourth Amendment does not apply to domestic military operations designed to deter and prevent foreign terrorist attacks.” Any objections based on the Fourth Amendment’s ban on unreasonable search and seizures would be invalid since whatever possible infringement on privacy would be trumped by the need to protect the nation from injury by deadly force. The president is “free from the constraints of the Fourth Amendment.” The Posse Comitatus Act, which bars the military from operating inside the US for law enforcement purposes, is also moot, the memo says, because the troops would be acting in a national security function, not as law enforcement. [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009; Ars Technica, 3/2/2009] There are virtually no restrictions on the president’s ability to use the military because, Yoo and Delahunty write, the nation is in a “state of armed conflict.” The scale of violence, they argue, is unprecedented and “legal and constitutional rules” governing law enforcement, even Constitutional restrictions, no longer apply. The US military can be used for “targeting and destroying” hijacked airplanes, they write, or “attacking civilian targets, such as apartment buildings, offices, or ships where suspected terrorists were thought to be.” The memo says, “Military action might encompass making arrests, seizing documents or other property, searching persons or places or keeping them under surveillance, intercepting electronic or wireless communications, setting up roadblocks, interviewing witnesses, or searching for suspects.” [Newsweek, 3/2/2009] Yoo writes that the Justice Department’s criminal division “concurs in our conclusion” that federal criminal laws do not apply to the military during wartime. The criminal division is headed by Michael Chertoff, who will become head of the Department of Homeland Security. [Washington Post, 4/4/2008]
Sweeping Away Constitutional Rights - Civil litigator Glenn Greenwald will later note that the memo gives legal authorization for President Bush to deploy the US military within US borders, to turn it against foreign nationals and US citizens alike, and to render the Constitution’s limits on power irrelevant and non-functional. Greenwald will write, “It was nothing less than an explicit decree that, when it comes to presidential power, the Bill of Rights was suspended, even on US soil and as applied to US citizens.”
Justifying Military Surveillance - Greenwald will note that the memo also justifies the administration’s program of military surveillance against US citizens: “[I]t wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls ‘domestic military operations’ was, among other things, the basis on which Bush ordered the NSA, an arm of the US military, to turn inwards and begin spying—in secret and with no oversight—on the electronic communications (telephone calls and emails) of US citizens on US soil” (see December 15, 2005 and Spring 2004). “If this isn’t the unadorned face of warped authoritarian extremism,” Greenwald will ask, “what is?” [Salon, 3/3/2009] If the president decides to use the military’s spy agency to collect “battlefield intelligence” on US soil, no law enacted by Congress can regulate how he goes about collecting that information, including requiring him to get judicial warrants under the Foreign Intelligence Surveillance Act (FISA). In 2007, Yoo will say in an interview: “I think there’s a law greater than FISA, which is the Constitution, and part of the Constitution is the president’s commander in chief power. Congress can’t take away the president’s powers in running war.” [Savage, 2007, pp. 131; PBS Frontline, 5/15/2007] Cheney and Addington will push the NSA to monitor all calls and e-mails, including those beginning and ending on US soil, but the NSA will balk. Domestic eavesdropping without warrants “could be done and should be done,” Cheney and Addington argue, but the NSA’s lawyers are fearful of the legal repercussions that might follow once their illegal eavesdropping is exposed, with or without the Justice Department’s authorization. The NSA and the White House eventually reach a compromise where the agency will monitor communications going in and out of the US, but will continue to seek warrants for purely domestic communications (see Spring 2001, After September 11, 2001, and October 2001). [Savage, 2007, pp. 131]
Military Use Considered - In 2009, a former Bush administration lawyer will tell a reporter that the memo “gave rise to the Justice Department discussing with the Defense Department whether the military could be used to arrest people and detain people inside the United States. That was considered but rejected on at least one occasion.” The lawyer will not give any indication of when this will happen, or to whom. Under the proposal, the suspects would be held by the military as “enemy combatants.” The proposal will be opposed by the Justice Department’s criminal division and other government lawyers and will ultimately be rejected; instead, the suspects will be arrested under criminal statutes. [Los Angeles Times, 3/3/2009]

Entity Tags: Steven Bradbury, US Department of Homeland Security, US Department of Defense, Robert J. Delahunty, Office of Legal Counsel (DOJ), Bush administration (43), Michael Chertoff, Alberto R. Gonzales, National Security Agency, American Civil Liberties Union, Glenn Greenwald, George W. Bush, US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

Patrick J. Fitzgerald is confirmed as US Attorney for the Northern District of Illinois, centering in Chicago. Senator Peter Fitzgerald (R-IL—no relation to Patrick Fitzgerald) nominated Fitzgerald for the position because he felt Fitzgerald, a native New Yorker and veteran prosecutor with no ties to Chicago, would be less likely to become corrupted by what he thought to be the “Chicago Democrat machine.” Fitzgerald had come highly recommended by, among others, Louis Freeh, then the director of the FBI. White House political chief Karl Rove later says that he did not oppose Fitzgerald’s nomination, though he was somewhat disturbed by Senator Fitzgerald’s insistence on the nomination. Rove will recall: “Senator Fitzgerald’s attitude was: ‘I’m not going to submit multiple names. I will take only one name, and this is all that is going to be acceptable.’ And we asked him to submit multiple names, and we also asked him to think about people from within the districts. Our predilection was to have people from within the district selected. We thought it, you know, encouraged a civic-minded attitude among lawyers. It made certain that you had some fresh blood that would flow in. If you pick people from outside the district, they tend to be career prosecutors. And Senator Fitzgerald was particularly unimpressed by this. He said that, in Chicago, the politics in Chicago were such that no US Attorney from Chicago could exist without being subverted by the political influence peddlers in Chicago, that they would be bought off by the big law firms and the Chicago Democrat machine. And so he was going to only provide us one name for each, the Northern District and the Southern District. Following my very effective telephone conversation with him, he responded by going out and announcing to the press that the president was nominating his two names from the Northern and Southern Districts.” Rove will say that he did not oppose Fitzgerald’s nomination, and it would not have been proper for him to do so: “That wasn’t mine—once that conversation was over, it wasn’t mine to have an opinion. I believe the president has a right to appoint. And that means that senators have, by tradition, the right to recommend. But they are usurping a presidential right when they go out and name the nominee before the president has even had a chance to evaluate multiple names and settle on who he wants and do the necessary staff work to arrive at it. Fortunately, Senator Fitzgerald recommended two good names, and both of them worked out. But it was an unusual process that involved, in my opinion, a congressional usurpation of a presidential power.” Senator Fitzgerald will later say that Rove told him the selection of Patrick Fitzgerald “ticked off the [Illinois Republican] base,” a statement Rove will call “inaccurate.… I chalk it up to an overactive imagination.” Rove will go on to imply, without directly saying, that US Attorney Fitzgerald prosecutes Governor George Ryan (R-IL) as something of a political favor to Senator Fitzgerald, as the governor and the senator are political rivals within the Illinois Republican Party. Experienced in prosecuting high-profile terrorism cases (see January 1996), Fitzgerald will go on to chair the terrorism subcommittee of the Attorney General’s Advisory Committee (AGAC) and later become special counsel for the Lewis Libby leak investigation (see December 30, 2003). [The American Lawyer, 12/11/2008; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file]

Entity Tags: Patrick J. Fitzgerald, George Ryan, Louis J. Freeh, Peter Fitzgerald, Karl C. Rove

Timeline Tags: Civil Liberties

Vice President Dick Cheney summons the chairmen and ranking members of the Senate and House Intelligence Committees to the White House for a classified briefing on the secret NSA warrantless wiretapping program (see Early 2002). Cheney makes it clear to the lawmakers that he is merely informing them about the program, and not seeking their approval. [Washington Post, 12/18/2005] Officials later say that under any of the previous presidents, such a meeting of this import would involve the president. But the four lawmakers are hustled away from the Oval Office. Instead, “[w]e met in the vice president’s office,” Bob Graham (D-FL), the chairman of the Senate Intelligence Committee, later recalls. President Bush has already told Graham that “the vice president should be your point of contact in the White House.” Cheney, according to the president, “has the portfolio for intelligence activities.” [Washington Post, 6/24/2007] The leaders are briefed by Cheney, CIA Director George Tenet, and NSA Director Michael Hayden. The Congressional leaders will later mostly refuse to comment publicly about what they do and do not learn about the program, even after it is revealed to the public (see December 15, 2005). In 2003, when Senator John D. Rockefeller ascends to the Democratic leadership of the Senate committee, and is himself briefed on the program, he will write to Cheney expressing his concerns over it (see July 17, 2003). [New York Times, 12/15/2005]
'No Discussion about Expanding' NSA Wiretapping - In December 2005, after the program is revealed to the public, one of the Congressmen present at the briefings, Graham, the then-chairman of the Senate Intelligence Committee, will discuss his knowledge of the program. In contradiction to the characterizations of Bush and other White House officials, Graham will say that he recalls “no discussion about expanding [NSA eavesdropping] to include conversations of US citizens or conversations that originated or ended in the United States,” and knew nothing of Bush’s intention to ignore the Foreign Intelligence Surveillance Court (also known as the FISA court). “I came out of the room with the full sense that we were dealing with a change in technology but not policy,” Graham will recall, using new methodologies to intercept overseas calls that passed through US switches. He thought that NSA eavesdropping would continue to be limited to “calls that initiated outside the United States, had a destination outside the United States but that transferred through a US-based communications system.” Instead, Graham will say, it now seems that Bush decided to go “beyond foreign communications to using this as a pretext for listening to US citizens’ communications. There was no discussion of anything like that in the meeting with Cheney.” A senior intelligence official, who refuses to reveal his identity but says he is speaking with the permission of the White House, will accuse Graham of “misremembering the briefings,” which he will call “very, very comprehensive.” The official will refuse to discuss the briefings in any but the most general terms, but will say they were intended “to make sure the Hill knows this program in its entirety, in order to never, ever be faced with the circumstance that someone says, ‘I was briefed on this but I had no idea that—’ and you can fill in the rest.” Graham will characterize the official’s description as saying: “[W]e held a briefing to say that nothing is different.… Why would we have a meeting in the vice president’s office to talk about a change and then tell the members of Congress there is no change?” House Minority Leader Nancy Pelosi (D-CA), who was also present at the meeting as the ranking Democrat on the House Intelligence Committee, will say the briefing described “President Bush’s decision to provide authority to the National Security Agency to conduct unspecified activities.” She will note that she “expressed my strong concerns” but did not go into detail. [Washington Post, 12/18/2005]
Lawmakers Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). In the briefing, Cheney informs the lawmakers of none of this.

Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Nancy Pelosi, John D. Rockefeller, House Intelligence Committee, Daniel Robert (“Bob”) Graham, George J. Tenet, George W. Bush, Michael Hayden, National Security Agency

Timeline Tags: Civil Liberties

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

A London Times article by Daniel McGrory claims that not only did Mohamed Atta meet with an Iraqi agent in Prague, but that “a special FBI team” is studying “a report from Prague that anthrax spores were given to Atta” during the meeting. Furthermore, “Saddam’s agents were spotted at various times this year with Atta in Germany, Spain, Italy and the Czech Republic,” and that Atta met with the agent in Prague at least four times. Additionally, an Iraqi intelligence agent in Rome was seen with Atta in Prague and Hamburg and then disappeared shortly before the 9/11 attacks. The article also alleges numerous meetings between Iraqi agents and Osama bin Laden, as well as a meeting between al-Qaeda second-in command Ayman Zawahiri and Iraqi Vice-President Taha Yasin Ramadan. Furthermore, al-Qaeda operatives were supposedly given advanced weapons training in Iraq supervised by Saddam Hussein’s son Uday Hussein. The article mentions no sources at all for these stunning allegations, except to refer to some other recent articles in a couple of cases. However, the article does mention former CIA Director James Woolsey, and it seems probable that Woolsey is a force behind the article, since he is in London at the time attempting to find evidence supporting the Prague meeting and Iraqi involvement in the anthrax attacks (see Mid-September-October 2001). [London Times, 10/27/2001] This article represents the height of the propaganda effort attempting to link al-Qaeda and the Iraqi government together. Many of the allegations in the article are never mentioned in any other newspaper article, and all of them will eventually be debunked.

Entity Tags: Ayman al-Zawahiri, Mohamed Atta, Osama bin Laden, Taha Yasin Ramadan, Uday Hussein

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

In a television interview, Sen. John McCain (R-AZ) supports the allegation that 9/11 hijacker Mohamed Atta met with an Iraqi intelligence agent in Prague. McCain says, “The evidence is very clear.” This comment comes several days after a Czech government official claimed that the meeting took place (see October 26, 2001). McCain makes other comments around the same time also trying to link Iraq to the 9/11 attacks. For instance, in mid-September 2001, he told television host Jay Leno that he believes “some other countries” had assisted al-Qaeda, suggesting Iraq, Iran, and Syria as potential suspects. McCain also relies on dubious claims made by Ahmed Chalabi and his Iraqi National Congress (INC). For instance, in a television interview, McCain echoes the INC’s claim that two Iraqi defectors know about terrorist training camps in Iraq (see November 6-8, 2001). McCain claims there are “credible reports of involvement between Iraqi administration officials, Iraqi officials and the terrorists.” In 2006, McCain will admit that he had been “too enamored with the INC.” [New York Times, 8/16/2008]

Entity Tags: Al-Qaeda, Ahmed Chalabi, John McCain, Iraqi National Congress, Mohamed Atta

Concerned that NSA post-9/11 surveillance operations violated the US Constitution, a senior NSA official reports on the program to House Intelligence Committee staff (see Before October 31, 2001), then retires. William Binney, a crypto-mathematician, had served in the NSA for 36 years. In 1997 he was made technical director of the World Geopolitical and Military Analysis Reporting Group, a 6000-employee unit that focused on signals intelligence (SIGINT) reporting and analysis. In the last part of his NSA career, Binney focused on dealing with the NSA’s problem of information overload, co-founding the Signals Intelligence Automation Research Center (SARC) and leading a 20-member team to develop a data-mining and analysis program called ThinThread. This program made it possible to “correlate data from financial transactions, travel records, Web searches, GPS equipment, and any other ‘attributes’ that an analyst might find useful,” and “could chart relationships among people in real time.” Unlike the NSA’s existing centralized data processing systems, ThinThread was able to identify useful or useless data as it was collected, reducing the overload problem. However, though it targeted foreign communications, ThinThread also intercepted those of Americans, and “continued documenting signals when a trail crossed into the US.” Binney incorporated measures to protect privacy, but NSA lawyers still considered the program too invasive, according to a 2011 article by Jane Mayer based on interviews with Binney and another NSA whistleblower, Thomas Drake. In 1999, NSA Director General Michael Hayden decided to fund a rival program, Trailblazer, which would be developed by defense contractors (see Late 1999). Trailblazer will be abandoned in 2006 as unworkable, after costing $1.2 billion (see January 2006). [New Yorker, 5/23/2011; Wired News, 2/15/2012; Democracy Now!, 4/20/2012] In 2002, three NSA whistleblowers—Edward Loomis, J. Kirk Wiebe, and Binney—will ask the Pentagon to investigate the NSA for wasting “millions and millions of dollars” on Trailblazer. [Nation, 3/26/2013]
Post-9/11 NSA Surveillance Expansion - Binney will tell Mayer that, after the 9/11 attacks, his people began coming to him, saying things like: “They’re getting billing records on US citizens! They’re putting pen registers [call logs] on everyone in the country!” James Bamford will interview Binney in 2012 and write, “At the outset the program recorded 320 million calls a day, [Binney] says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts.” Binney has not been personally “read in” to this domestic surveillance program, but some members of his SARC team have, as their knowledge of ThinThread code was needed to set it up. Binney became convinced elements of ThinThread were being used, but without privacy protections, meaning US persons could be targeted. Soon after learning these things, Binney takes his concerns to the House Intelligence Committee (see Before October 31, 2001), and retires on October 31. He will tell Mayer, “I couldn’t be an accessory to subverting the Constitution.” Other sources support Binney’s account of this NSA data-mining and monitoring program (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, and October 2001). However, the claim that NSA domestic surveillance was initiated only after, and in response to, 9/11 is contradicted by information indicating that domestic monitoring programs and activities were established and conducted prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [New Yorker, 5/23/2011; Wired News, 2/15/2012; Democracy Now!, 4/20/2012]
ThinThread 'Would Likely Have Prevented 9/11' - Despite ThinThread’s capacity to collect actionable intelligence, Hayden vetoed the idea of deploying the system three weeks before 9/11, in August 2001. According to the Loomis, Wiebe, and Binney, this decision “left the NSA without a system to analyze the trillions of bits of foreign SIGINT flowing over the Internet at warp speed, as ThinThread could do.” During the summer of 2001, when “the system was blinking red,” according to CIA Director George Tenet, the NSA “failed to detect critical phone and e-mail communications that could have tipped US intelligence to al-Qaeda’s plans to attack.” [Nation, 3/26/2013]

Entity Tags: Edward Loomis, World Geopolitical and Military Analysis Reporting Group, J. Kirk Wiebe, William Binney, Thomas Drake, House Intelligence Committee, James Bamford, Trailblazer, Jane Mayer, National Security Agency, Signals Intelligence Automation Research Center, Michael Hayden, Thinthread

Timeline Tags: Civil Liberties

According to a September 2002 USA Today article, the decision to invade Iraq is made at this time. Significantly, the decision is made independent of normal policy-making procedures—a National Intelligence Estimate (NIE) on Iraq was not requested, members of Congress were not consulted, and the concerns of senior military officers and intelligence analysts were ignored. Explaining why the White House did not request a NIE on Iraq, an unnamed US intelligence official explains it didn’t want to detail the uncertainties regarding the threat Iraq allegedly poses to the US. A senior administration official says the White House did not believe an NIE would be helpful. However in September 2002, an NIE will finally be requested as a result of pressure from Congress. The classified version of the document will include many qualified and nuanced statements, but the shorter, unclassified version, which is given to Congress, will not include these uncertainties (see October 1, 2002). [USA Today, 9/10/2002 Sources: officials at the White House, State Department, Pentagon, intelligence agencies, Congress and elsewhere]

Entity Tags: George W. Bush, US Congress

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 pdf file] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 pdf file] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]

Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice

Timeline Tags: Civil Liberties

Abu Zeinab al-Qurairy, posing as Jamal al-Ghurairy for Frontline.Abu Zeinab al-Qurairy, posing as Jamal al-Ghurairy for Frontline. [Source: PBS]An Iraqi defector identifying himself as Jamal al-Ghurairy, a former lieutenant general in Saddam Hussein’s intelligence corps, the Mukhabarat, tells two US reporters that he has witnessed foreign Islamic militants training to hijack airplanes at an alleged Iraqi terrorist training camp at Salman Pak, near Baghdad. Al-Ghurairy also claims to know of a secret compound at Salman Pak where Iraqi scientists, led by a German, are producing biological weapons. Al-Ghurairy is lying both about his experiences and even his identity, though the reporters, New York Times war correspondent Chris Hedges and PBS’s Christopher Buchanan, do not know this. The meeting between al-Ghurairy and the reporters, which takes place on November 6, 2001, in a luxury suite in a Beirut hotel, was arranged by Ahmed Chalabi’s Iraqi National Congress (INC). Buchanan later recalls knowing little about al-Ghurairy, except that “[h]is life might be in danger. I didn’t know much else.” Hedges recalls the former general’s “fierce” appearance and “military bearing.… He looked the part.” Al-Ghurairy is accompanied by several other people, including the INC’s political liaison, Nabeel Musawi. “They were slick and well organized,” Buchanan recalls. Hedges confirms al-Ghurairy’s credibility with the US embassy in Turkey, where he is told that CIA and FBI agents had recently debriefed him. The interview is excerpted for an upcoming PBS Frontline episode, along with another interview with an INC-provided defector, former Iraqi sergeant Sabah Khodada, who echoes al-Ghurairy’s tale. While the excerpt of al-Ghurairy’s interview is relatively short, the interview itself takes over an hour. Al-Ghurairy does not allow his face to be shown on camera.
Times Reports Defectors' Tale - Two days later, on November 8, Hedges publishes a story about al-Ghurairy in the New York Times Times. The Frontline episode airs that same evening. [New York Times, 11/8/2001; Mother Jones, 4/2006] Hedges does not identify al-Ghurairy by name, but reports that he, Khodada, and a third unnamed Iraqi sergeant claim to have “worked for several years at a secret Iraqi government camp that had trained Islamic terrorists in rotations of five or six months since 1995. They said the training at the camp, south of Baghdad, was aimed at carrying out attacks against neighboring countries and possibly Europe and the United States.” Whether the militants being trained are linked to al-Qaeda or Osama bin Laden, the defectors cannot be sure, nor do they know of any specific attacks carried out by the militants. Hedges writes that the interviews were “set up by an Iraqi group that seeks the overthrow of… Hussein.” He quotes al-Ghurairy as saying, “There is a lot we do not know. We were forbidden to speak about our activities among each other, even off duty. But over the years, you see and hear things. These Islamic radicals were a scruffy lot. They needed a lot of training, especially physical training. But from speaking with them, it was clear they came from a variety of countries, including Saudi Arabia, Yemen, Algeria, Egypt, and Morocco. We were training these people to attack installations important to the United States. The Gulf War never ended for Saddam Hussein. He is at war with the United States. We were repeatedly told this.” He uses Khodada’s statements as support for al-Ghurairy’s, identifies Khodada by name, and says that Khodada “immigrated to Texas” in May 2001 “after working as an instructor for eight years at Salman Pak…” He quotes the sergeant as saying, “We could see them train around the fuselage. We could see them practice taking over the plane.” Al-Ghurairy adds that the militants were trained to take over a plane without using weapons. Hedges reports that Richard Sperzel, the former chief of the UN biological weapons inspection teams in Iraq, says that the Iraqis always claimed Salman Pak was an anti-terror training camp for Iraqi special forces. However, Sperzel says, “[M]any of us had our own private suspicions. We had nothing specific as evidence.” The US officials who debriefed al-Ghurairy, Hedges reports, do not believe that the Salman Pak training has any links to the 9/11 hijackings. Hedges asks about one of the militants, a clean-shaven Egyptian. “No, he was not Mohamed Atta.” Atta led the 9/11 hijackers. Hedges notes that stories such as this one will likely prompt “an intense debate in Washington over whether to extend the war against Osama bin Laden and the Taliban government of Afghanistan to include Iraq.” [New York Times, 11/8/2001; Columbia Journalism Review, 7/1/2004]
Heavy Press Coverage - The US media immediately reacts, with op-eds running in major newspapers throughout the country and cable-news pundits bringing the story to their audiences. National security adviser Condoleezza Rice says of the story, “I think it surprises no one that Saddam Hussein is engaged in all kinds of activities that are destabilizing.” The White House will use al-Ghurairy’s claims in its background paper, “Decade of Deception and Defiance,” prepared for President’s Bush September 12, 2002 speech to the UN General Assembly (see September 12, 2002). Though the tale lacks specifics, it helps bolster the White House’s attempts to link Saddam Hussein to the 9/11 hijackers, and helps promote Iraq as a legitimate target in the administration’s war on terror. (Five years later, the reporters involved in the story admit they were duped—see April 2006.)
Complete Fiction - The story, as it turns out, is, in the later words of Mother Jones reporter Jack Fairweather, “an elaborate scam.” Not only did US agents in Turkey dismiss the purported lieutenant general’s claims out of hand—a fact they did not pass on to Hedges—but the man who speaks with Hedges and Buchanan is not even Jamal al-Ghurairy. The man they interviewed is actually a former Iraqi sergeant living in Turkey under the pseudonym Abu Zainab. (His real name is later ascertained to be Abu Zeinab al-Qurairy, and is a former Iraqi general and senior officer in the Mukhabarat.) The real al-Ghurairy has never left Iraq. In 2006, he will be interviewed by Fairweather, and will confirm that he was not the man interviewed in 2001 (see October 2005). [Columbia Journalism Review, 7/1/2004; Mother Jones, 4/2006] Hedges and Buchanan were not the first reporters to be approached for the story. The INC’s Francis Brooke tried to interest Newsweek’s Michael Isikoff in interviewing Khodada to discuss Salman Pak. Isikoff will recall in 2004 that “he didn’t know what to make of the whole thing or have any way to evaluate the story so I didn’t write about it.” [Columbia Journalism Review, 7/1/2004]
"The Perfect Hoax" - The interview was set up by Chalabi, the leader of the INC, and former CBS producer Lowell Bergman. Bergman had interviewed Khodada previously, but was unable to journey to Beirut, so he and Chalabi briefed Hedges in London before sending him to meet with the defector. Chalabi and Bergman have a long relationship; Chalabi has been a source for Bergman since 1991. The CIA withdrew funding from the group in 1996 (see January 1996) due to its poor intelligence and attempts at deception. For years, the INC combed the large Iraqi exile communities in Damascus and Amman for those who would trade information—real or fabricated—in return for the INC’s assistance in obtaining asylum to the West. Helping run that network was Mohammed al-Zubaidi, who after 9/11 began actively coaching defectors, according to an ex-INC official involved in the INC’s media operations (see December 17, 2001 and July 9, 2004). The ex-INC official, Adnan Ihsan Saeed al-Haideri, did everything from help defectors brush up and polish their stories, to concocting scripts that defectors with little or no knowledge could recite: “They learned the words, and then we handed them over to the American agencies and journalists.” After 9/11, the INC wanted to come up with a big story that would fix the public perception of Saddam Hussein’s involvement in the 9/11 attacks. Al-Zubaidi was given the task. He came up with al-Ghurairy. He chose Zainab for his knowledge of the Iraqi military, brought him to Beirut, paid him, and began prepping him. In the process, al-Zainab made himself known to American and Turkish intelligence officials as al-Ghurairy. “It was the perfect hoax,” al-Haideri will recall in 2006. “The man was a born liar and knew enough about the military to get by, whilst Saddam’s regime could hardly produce the real Ghurairy without revealing at least some of the truth of the story.” Al-Haideri will say that the reality of the Salman Pak story was much as the Iraqis claimed—Iraqi special forces were trained in hostage and hijack scenarios. Al-Zubaidi, who in 2004 will admit to his propaganda activities, calls Al-Zainab “an opportunist, cheap and manipulative. He has poetic interests and has a vivid imagination in making up stories.” [Mother Jones, 4/2006]
Stories Strain Credulity - Knight Ridder reporter Jonathan Landay later says of al-Qurairy, “As you track their stories, they become ever more fantastic, and they’re the same people who are telling these stories, until you get to the most fantastic tales of all, which appeared in Vanity Fair magazine.” Perhaps al-Qurairy’s most fabulous story is that of a training exercise to blow up a full-size mockup of a US destroyer in a lake in central Iraq. Landay adds, “Or, jumping into pits of fouled water and having to kill a dog with your bare teeth. I mean, and this was coming from people, who are appearing in all of these stories, and sometimes their rank would change.… And, you’re saying, ‘Wait a minute. There’s something wrong here, because in this story he was a major, but in this story the guy’s a colonel. And, in this story this was his function, but now he says in this story he was doing something else.’” Landay’s bureau chief, John Walcott, says of al-Qurairy, “What he did was reasonably clever but fairly obvious, which is he gave the same stuff to some reporters that, for one reason or another, he felt would simply report it. And then he gave the same stuff to people in the Vice President’s office [Dick Cheney] and in the Secretary of Defense’s office [Donald Rumsfeld]. And so, if the reporter called the Department of Defense or the Vice President’s office to check, they would’ve said, ‘Oh, I think that’s… you can go with that. We have that, too.’ So, you create the appearance, or Chalabi created the appearance, that there were two sources, and that the information had been independently confirmed, when, in fact, there was only one source. And it hadn’t been confirmed by anybody.” Landay adds, “[L]et’s not forget how close these people were to this administration, which raises the question, was there coordination? I can’t tell you that there was, but it sure looked like it.” [PBS, 4/25/2007]
No Evidence Found - On April 6, 2003, US forces will overrun the Salman Pak facility. They will find nothing to indicate that the base was ever used to train terrorists (see April 6, 2003).

Entity Tags: Osama bin Laden, Richard (“Dick”) Cheney, Richard Sperzel, Newsweek, Saddam Hussein, Taliban, New York Times, Sabah Khodada, Washington Post, United Nations, Vanity Fair, Nabeel Musawi, Public Broadcasting System, Mother Jones, Ahmed Chalabi, Adnan Ihsan Saeed al-Haideri, Abu Zeinab al-Qurairy, Chris Hedges, Al-Qaeda, CBS News, Bush administration (43), Central Intelligence Agency, Mukhabarat, Donald Rumsfeld, Condoleezza Rice, Francis Brooke, Lowell Bergman, Michael Isikoff, Mohammed al-Zubaidi, Jonathan Landay, John Walcott, Jamal al-Ghurairy, Jack Fairweather, Federal Bureau of Investigation, Christopher Buchanan, Iraqi National Congress

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Domestic Propaganda

Nine Republican senators, led by conservatives Jesse Helms (R-NC), Trent Lott (R-MS), and Jon Kyl (R-AZ), send a letter to President Bush urging him to withdraw from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972, May 1, 2001, and June 2001). They explain their position by arguing that the ABM Treaty has become “the most significant obstacle to improved relations between the United States and Russia.” This argument is a complete reversal of conservatives’ earlier positions: that arms control agreements such as the ABM Treaty did nothing to stabilize relations between the US and its nuclear-armed opponents. The argument also flies in the face of public and private statements by Russian leaders, who consider the treaty one of the key elements of stable US-Russian relations. Russian President Vladimir Putin has repeatedly stressed the importance of the treaty in maintaining nuclear parity between the two nations (see July 2001), even as Russia seeks to reduce its nuclear arsenal from 6,000 to 1,500 deployed missiles. In 2008, author J. Peter Scoblic will speculate as to why conservatives wish to withdraw from the treaty: “For isolationists, missile defense renewed the dream of Fortress America, allowing us to retreat even further from crises abroad. For nationalists and moralists, missile defense was a shield against engagement and detente in the event that, say, North Korea was to develop a nuclear-armed ICBM (see August 31, 1998). For neoconservatives, missile defense was a necessary adjunct to their proactive vision of changing regimes and democratizing the world” (see March 12, 2001). [Scoblic, 2008, pp. 174-176]

Entity Tags: Vladimir Putin, George W. Bush, J. Peter Scoblic, Trent Lott, Jon Kyl, Jesse Helms

Timeline Tags: US International Relations

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

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

Richard Perle, chairman of the Defense Policy Board, says in a speech delivered at the Foreign Policy Research Institute’s annual dinner that Saddam Hussein “is busily at work on a nuclear weapon” and that “it’s simply a matter of time before he acquires nuclear weapons.” His assertion is based on information that was provided to him personally by Iraqi defector Khidir Hamza. According to Perle, Hamza said that after the Israeli strikes against Iraq’s Osirak reactor in 1981 (see June 7, 1981), Iraq built some 400 uranium enrichment facilities all over the country in order to protect its nuclear program from future attacks. “Some look like farmhouses, some of them look like classrooms, some of them look like warehouses. You’ll never find them. They don’t turn out much but every day they turn out a little bit of nuclear materials.” [Foreign Policy Research Institute, 11/14/2001]

Entity Tags: Khidir Hamza, Richard Perle

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

John Yoo and Robert Delahunty of the Justice Department’s Office of Legal Counsel (OLC) write a classified memo to John Bellinger, the senior legal counsel to the National Security Council. Yoo and Delahunty claim that President Bush has the unilateral authority to “suspend certain articles” of the Anti-Ballistic Missile Treaty between the US and Russia (see May 26, 1972). Six months later, President Bush will withdraw the US from the treaty (see December 13, 2001). [US Department of Justice, 11/15/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo will not be released until two months after the Bush administration leaves the White House (see March 2, 2009).

Entity Tags: National Security Council, John Bellinger, John C. Yoo, US Department of Justice, Robert J. Delahunty, Office of Legal Counsel (DOJ)

Timeline Tags: US International Relations

Defense Policy Board member Richard Perle, discussing the US’s planned reaction to the 9/11 attacks, says that Iraq is next on the US’s military strike list. CNN anchor John King asks, “Next phase Saddam Hussein?” and Perle replies, “Absolutely.” The day before, on ABC, Perle explained why the US had to make such a move: “Weapons of mass destruction in the hands of Saddam Hussein, plus his known contact with terrorists, including al-Qaeda terrorists, is simply a threat too large to continue to tolerate.” And what would the upshot of such an invasion be? Perle tells his CNN listeners, “We would be seen as liberators in Iraq.” [PBS, 4/25/2007]

Entity Tags: ABC News, Richard Perle, CNN, Al-Qaeda

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

The US Embassy in Niamey, Niger’s capital, disseminates a cable summarizing a recent meeting between the US ambassador and the director general of Niger’s French-led mining consortium. The director general reportedly explained that “there was no possibility” that the government of Niger could have diverted any of the 3,000 tons of uranium produced by the consortium’s two mines. [US Congress, 7/7/2004]

Timeline Tags: Niger Uranium and Plame Outing

The CIA reports in a classified Senior Executive Memorandum, titled “What We Knew About Iraq’s Centrifuge-Based Uranium Enrichment Program Before and After the Gulf War,” that while there are “divergent views” about the intended use of the aluminum tubes imported by Iraq (see July 2001), the interagency consensus is that the tubes could be used for centrifuge enrichment. [The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (aka 'Robb-Silberman Commission'), 3/31/2005]

Entity Tags: Central Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

Christopher DeMuth.Christopher DeMuth. [Source: American Enterprise Institute]Deputy Secretary of Defense Paul Wolfowitz arranges for Christopher DeMuth, president of the neoconservative think tank The American Enterprise Institute (AEI), to create a group to strategize about the war on terrorism. The group DeMuth creates is called Bletchley II, named after a team of strategists in World War II. The dozen members of this secret group include:
bullet Bernard Lewis, a professor arguing that the US is facing a clash of civilizations with the Islamic world.
bullet Fareed Zakaria, a Newsweek editor and columnist.
bullet Mark Palmer, a former US ambassador to Hungary.
bullet Fouad Ajami, director of the Middle Eastern Studies Program at the Paul H. Nitze School of Advanced International Studies.
bullet James Wilson, a professor and specialist in human morality and crime.
bullet Ruel Marc Gerecht, a former CIA Middle East expert.
bullet Steve Herbits, a close consultant to Defense Secretary Donald Rumsfeld.
According to journalist Bob Woodward, the group comes to quick agreement after just two days of discussions and a report is made from their conclusions. They agree it will take two generations for the US to defeat radical Islam. Egypt and Saudi Arabia are the keys to the problems of the Middle East, but the problems there are too intractable. Iran is similarly difficult. But Iraq is weak and vulnerable. DeMuth will later comment: “We concluded that a confrontation with Saddam [Hussein] was inevitable. He was a gathering threat - the most menacing, active, and unavoidable threat. We agreed that Saddam would have to leave the scene before the problem would be addressed.” That is the key to transform the region. Vice President Dick Cheney is reportedly pleased with their report. So is National Security Adviser Condoleezza Rice, who finds it “very, very persuasive.” It is said to have a strong impact on President Bush as well. Woodward later notes the group’s conclusions are “straight from the neoconservative playbook.” [Woodward, 2006, pp. 83-85]

Entity Tags: Richard (“Dick”) Cheney, Steve Herbits, Paul Wolfowitz, Fareed Zakaria, Fouad Ajami, George W. Bush, Donald Rumsfeld, Condoleezza Rice, Mark Palmer, Reuel Marc Gerecht, Bernard Lewis, Christopher DeMuth, James Wilson

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

Walter Isaacson.Walter Isaacson. [Source: Aspen Institute]In 2007, Walter Isaacson, chairman and CEO of CNN in the early 2000s, will say: “There was a patriotic fervor and the Administration used it so that if you challenged anything you were made to feel that there was something wrong with that.… And there was even almost a patriotism police which, you know, they’d be up there on the internet sort of picking anything a Christiane Amanpour, or somebody else would say as if it were disloyal… Especially right after 9/11. Especially when the war in Afghanistan is going on. There was a real sense that you don’t get that critical of a government that’s leading us in war time.” When CNN starts showing footage of civilian casualties in Afghanistan, people in the Bush administration and “big people in corporations were calling up and saying, ‘You’re being anti-American here.’” [PBS, 4/25/2007] So in October 2001, Isaacson sends his staff a memo, which says, “It seems perverse to focus too much on the casualties or hardship in Afghanistan.” He orders CNN to balance such coverage with reminders of the 9/11 attacks. [Washington Post, 10/31/2001] Isaacson will add, “[W]e were caught between this patriotic fervor and a competitor [Fox News] who was using that to their advantage; they were pushing the fact that CNN was too liberal that we were sort of vaguely anti-American.” An anonymous CNN reporter will also later say, “Everybody on staff just sort of knew not to push too hard to do stories critical of the Bush Administration.” [PBS, 4/25/2007]

Entity Tags: Walter Isaacson, CNN, Christiane Amanpour

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Domestic Propaganda, War in Afghanistan

Michael Ledeen, an avid admirer of Machiavelli, argues in a piece published by National Review Online that the US must be “imperious, ruthless, and relentless” against the Muslim world until there has been “total surrender.” Any attempt on the part of the US to be “reasonable” or “evenhanded” will only empower Islamic militants, he asserts. He writes: “We will not be sated until we have had the blood of every miserable little tyrant in the Middle East, until every leader of every cell of the terror network is dead or locked securely away, and every last drooling anti-Semitic and anti-American mullah, imam, sheikh, and ayatollah is either singing the praises of the United States of America, or pumping gasoline, for a dime a gallon, on an American military base near the Arctic Circle.” [National Review, 12/7/2001] The piece is republished in the Jewish World Review four days later. [Jewish World Review, 12/11/2001]

Entity Tags: Michael Ledeen

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Manucher Ghorbanifar.Manucher Ghorbanifar. [Source: Ted Thai / Getty Images]The Bush administration sends two defense officials, Harold Rhode and Larry Franklin, to meet with Iranians in Rome in response to an Iranian government offer to provide information relevant to the war on terrorism. The offer had been backchanneled by the Iranians to the White House through Manucher Ghorbanifar, an Iranian arms trader and a central person in the Iran-Contra affair, who contacted another Iran-Contra figure, Michael Ledeen of the American Enterprise Institute. Ledeen passed the information on to his friends in the Defense Department who then relayed the offer to Deputy National Security Adviser Stephen Hadley. Hadley, who expressed no reservations about the proposed meeting, informed CIA Director George Tenet and Deputy Secretary of State Richard L. Armitage. According to officials interviewed by the New York Times, the United States Embassy in Rome was not notified of the planned meeting as required by standard interagency procedures. Neither the US embassy nor the CIA station chief in Rome learns of the three-day meeting until after it happens (see December 12, 2001). When they do catch wind of the meeting, they notify CIA and State Department headquarters in Washington which complain to the administration about how the meetings were arranged. [Newsday, 8/9/2003; Washington Post, 8/9/2003; New York Times, 12/7/2003] In addition to Ghorbanifar, Ledeen, Franklin, and Rhode, the meeting is attended by Nicolo Pollari, head of SISMI, and Antonio Martino, Italy’s minister of defense. [Washington Monthly, 9/2004]
Destabilizing the Iraqi Government - According to the Boston Globe, either at this meeting, a similar one in June (see June 2002), or both, Ledeen and Ghorbanifar discuss ways to destabilize the Iranian government, possibly using the Mujahedeen-e Khalq (MEK), a US-designated terrorist group, as a US proxy. [Boston Globe, 8/31/2004] The meetings are suspected of being an attempt by what investigative reporters Joshua Micah Marshall, Laura Rozen, and Paul Gastris will later call “a rogue faction at the Pentagon… trying to work outside normal US foreign policy channels to advance a ‘regime-change’ agenda.” The fact that MEK members attend the meetings adds weight to the claim. [Unger, 2007, pp. 234-235]
Italian Intelligence on Iraq-Niger Allegations - Additionally, according to an unnamed SISMI source, Pollari speaks with Ledeen about intelligence his agency has collected (see October 15, 2001) suggesting that Iraq made a deal with Niger to purchase several tons of uranium. SISMI already sent a report to Washington on the matter in mid-October (see October 15, 2001). Reportedly, Pollari has also approached CIA Station Chief Jeff Castelli about the report, but Castelli has since indicated he is not interested in the information. [La Repubblica (Rome), 10/25/2005]

Entity Tags: Manucher Ghorbanifar, People’s Mujahedin of Iran, Paul Gastris, Stephen J. Hadley, Michael Ledeen, Larry Franklin, Nicolo Pollari, Harold Rhode, Joshua Micah Marshall, Laura Rozen, George J. Tenet, Antonio Martino

Timeline Tags: US confrontation with Iran, Events Leading to Iraq Invasion, Iran-Contra Affair, Neoconservative Influence, Niger Uranium and Plame Outing

According to a later report by the Senate Intelligence Committee, Pentagon officials conceal potentially life-saving intelligence gleaned from Iranian agents. The report will find that in 2001, the officials, Larry Franklin and Harold Rhode, fail to pass along information gained from Iranian agents to US intelligence agencies, including reports that Iran has sent “hit squads” to Afghanistan to kill Americans. The findings will be based on information from highly unreliable sources: Iranian arms merchant Manucher Ghorbanifar and former Pentagon official Michael Ledeen, both of whom have often provided false or questionable information gathered from questionable sources (see April 3, 2005). In a series of meetings authorized by then-Deputy National Security Adviser Stephen Hadley (see December 9, 2001, December 12, 2001, June 2002, July 2002, and June 2003), two Pentagon officials, including one who reported to then-Undersecretary of Defense for Policy Douglas Feith (see September 2002), meet with Ghorbanifar, Ledeen, and other Iranians. Hadley does not fully brief CIA Director George Tenet and Deputy Secretary of State Richard Armitage about the meetings. The head of the DIA is briefed on the meeting but is not authorized to keep a written summary of it or to discuss it on the orders of then-Deputy Defense Secretary Paul Wolfowitz. For his part, Ledeen will say he twice briefed the US ambassador to Italy about the meetings. “Any time the CIA wanted to find out what was going on all they had to do was ask,” he will say. Though the report will admit that the sources of the intelligence are unreliable, it will still criticize the Pentagon for failing to allow what it calls “potentially useful and actionable intelligence” to be shared with intelligence agencies. [Associated Press, 6/5/2008; Senate Intelligence Committee, 6/5/2008 pdf file]

Entity Tags: US Department of Defense, George J. Tenet, Douglas Feith, Manucher Ghorbanifar, Stephen J. Hadley, Michael Ledeen, Richard Armitage, Paul Wolfowitz, Senate Intelligence Committee

Timeline Tags: US confrontation with Iran

Vice President Cheney says on Fox News, “I never say anything is inevitable, but if I were Saddam Hussein, I’d be thinking very carefully about the future and I’d be looking very closely to see what happened to the Taliban in Afghanistan.” [PBS Frontline, 6/20/2006]

Entity Tags: Richard (“Dick”) Cheney, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

The newly-installed US ambassador to Italy, Mel Sembler, learns during the course of a private dinner with Iran-Contra figure Michael Ledeen and Italian defense minister Antonio Martino about the secret backchannel meeting they attended three days before (see December 9, 2001) with US defense officials, former Iran-Contra figures, and Iranian government officials. After the dinner, Sembler immediately contacts Jeff Castelli, the CIA station chief in Rome, to find out if he knows about the meeting. But the station chief says he was also unaware of the meeting. “Soon both Sembler and the Rome station chief were sending anxious queries back to the State Department and CIA headquarters in Langley, Va., respectively, raising alarms on both sides of the Potomac” since all US government contact with foreign government intelligence agencies is supposed to be overseen by the CIA. [Washington Monthly, 9/2004] Old State Department hands are horrified to learn of Ledeen’s involvement with the Iraq-Niger fabrications. Bad enough that Elliott Abrams was brought into the administration (see November 2002-December 2002), they say, but with Ledeen and his associate [Iranian arms dealer Manucher] Ghorbanifar making an appearance, it seems to these State Department veterans that the days of Reagan-era “cowboy diplomacy” are back in full swing. “One of the truly remarkable elements of the neocon story is their addiction to Ghorbanifar,” a State Department official will say in 2007. “It is part of their ‘we are smarter, you are stupid’ attitude.” Author Craig Unger will note, “The key players in Iran-Contra were back in business.” [Unger, 2007, pp. 234-235]

Entity Tags: US Department of State, Michael Ledeen, Jeff Castelli, Manucher Ghorbanifar, Antonio Martino, Mel Sembler, Elliott Abrams

Timeline Tags: Events Leading to Iraq Invasion, Iran-Contra Affair, Neoconservative Influence, Niger Uranium and Plame Outing

US nuclear missiles such as this one will no longer be restricted under the ABM treaty.US nuclear missiles such as this one will no longer be restricted under the ABM treaty. [Source: Associated Press / CNN]President Bush announces that the US is unilaterally withdrawing from the 1972 Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972). The treaty, negotiated with the former Soviet Union in 1972, sets strict limitations on missile and missile defense developments by both Russia and the US. After the six-month withdrawal period is concluded in mid-2002, the US will begin developing an anti-missile defense system, an outgrowth and extension of the old “Star Wars” system (see March 23, 1983). Bush tells reporters: “Today I am giving formal notice to Russia that the United States of America is withdrawing from this almost 30-year-old treaty.… I have concluded the ABM treaty hinders our government’s ability to develop ways to protect our people from future terrorist or rogue state missile attacks.” Bush explains: “The 1972 ABM treaty was signed by the United States and the Soviet Union at a much different time, in a vastly different world. One of the signatories, the Soviet Union, no longer exists and neither does the hostility that once led both our countries to keep thousands of nuclear weapons on hair-trigger alert, pointed at each other.… Today, as the events of September 11 made all too clear, the greatest threats to both our countries come not from each other, or from other big powers in the world, but from terrorists who strike without warning or rogue states who seek weapons of mass destruction.” Defense Secretary Donald Rumsfeld calls the treaty “outdated.” [White House, 12/13/2001; CNN, 12/14/2001]
Follows Failure to Persuade Russia to Drop Treaty - The decision follows months of talks in which Bush officials attempted without success to persuade Russia to set the treaty aside and negotiate a new one more favorable to US interests. Bush says that he and Russian President Vladimir Putin “have also agreed that my decision to withdraw from the treaty will not in any way undermine our new relationship or Russian security.” Putin calls Bush’s decision a “mistake,” and says the two nations should move quickly to create a “new framework of our strategic relationship.” Putin says on Russian television that the US decision “presents no threat to the security of the Russian Federation.” He also says that the US and Russia should decrease their present stockpiles of nuclear weapons. He wants what he calls “radical, non-reversible and verifiable reductions in offensive weapons”; in turn, the Bush administration is against any sort of legally binding agreements. Putin says, “Today, when the world has been faced with new threats, one cannot allow a legal vacuum in the sphere of strategic stability.” [CNN, 12/14/2001; CNN, 12/14/2001]
'Abdication of Responsibility' - Senate Democrats (see December 13-14, 2001) and non-proliferation experts (see December 13, 2001) strongly question the decision to withdraw. Singapore’s New Straits Times writes: “History will one day judge the US decision to withdraw from the Anti-Ballistic Missile Treaty in the same way it views the US failure in 1919 to join the League of Nations—as an abdication of responsibility, a betrayal of humankind’s best hopes, an act of folly. By announcing the decision now, in the midst of a war on terrorism that commands worldwide support, the Bush administration has also displayed a cynicism that will adversely affect the mood of cooperation that has characterized international relations since September 11.” [Carter, 2004, pp. 272-273] Sweden’s foreign ministry warns of possibly “serious consequences for the future of international disarmament.” [BBC, 12/13/2001]
Seizure of Presidential Power - Regardless of the wisdom of withdrawing from the treaty, Bush’s decision has another effect that is subjected to far less public scrutiny: by unilaterally withdrawing the US from the treaty on his own authority, Bush, in the words of author Charlie Savage, “seized for the presidency the power to pull the United States out of any treaty without obtaining the consent of Congress.” Savage, writing in 2007, will note that the Constitution does not provide a clear method of withdrawing the US from an international treaty. However, he will write, judging from the fact that the US Senate must vote to ratify a treaty before it becomes binding, it can be inferred that the Founders intended for the legislature, not the executive branch, to have the power to pull out of a treaty. In Volume 70 of the Federalist Papers, Alexander Hamilton wrote that treaties are far too important to entrust to the decision of one person who will be in office for as few as four years. Hamilton wrote, “The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a president of the United States.” [Savage, 2007, pp. 140]

Entity Tags: Vladimir Putin, Charlie Savage, George W. Bush, Singapore Straits Times, Bush administration (43)

Timeline Tags: US International Relations

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