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Context of '1957: Air Force Sociologist: Torture Techniques Successfully ‘Brainwashed’ Prisoners'

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

Albert Biderman, an Air Force sociologist, publishes a study that notes how “brainwashing” had been achieved by depriving prisoners of sleep, exposing them to intense cold, and forcing them into excruciatingly painful “stress positions” for long periods of time. Biderman’s study is based on techniques used by Chinese Communist interrogators against US prisoners of war, which produced little real intelligence but excelled in producing false confessions (see December 2001). In 2002, Biderman’s study will become the basis of a interrogators’ training class for use against detainees at Guantanamo (see July 2002). [Vanity Fair, 12/16/2008]

Entity Tags: US Department of the Air Force, Albert Biderman

Timeline Tags: Torture of US Captives

Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’ [Source: Cinema Forever (.com)]The French novel Les Centurions, by Jean Larteguy, features an early version of the so-called “ticking time bomb” scenario, in which torture is used to force critical information from a prisoner. The book, set during France’s occupation of Algeria, features a hero who beats up a female Arab dissident in order to learn the location of bombs planted throughout the city of Algiers. The hero uses the information gleaned from the beating of the woman to find and defuse the bombs. The book will be made into a 1966 film, Lost Command, starring Anthony Quinn. [Cinema Forever, 2009; National Public Radio, 5/5/2009]

Entity Tags: Anthony Quinn, Jean Larteguy

Timeline Tags: Torture of US Captives

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

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

Late 1979: MEK Expelled from Iran

The Mujahedeen-e Khalq (MEK) is expelled from Iran and takes refuge in Iraq. In exile, the group develops an overseas support structure and creates the National Liberation Army (NLA), which acquires tanks, armored vehicles, and heavy artillery. The group will receive support from Saddam Hussein until he is toppled by a US invasion in 2003 (see March 19, 2003). [US Department of State, 4/30/2003]

Entity Tags: People’s Mujahedin of Iran, Saddam Hussein

Timeline Tags: US confrontation with Iran

John Kiriakou, who will later make a crucial intervention in the US debate on the ethics of waterboarding (see December 10, 2007), joins the CIA. He will remain with the agency until 2004, and will also play a role in the Plame affair (see 4:30 p.m. June 10, 2003). [Mother Jones, 12/21/2007]

Entity Tags: John Kiriakou, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Misc Entries

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

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

Timeline Tags: Complete 911 Timeline

The US Senate ratifies the international Convention Against Torture, originally proposed by the United Nations in 1985. The treaty bans any officials from signatory nations from inflicting “torture and other cruel, inhuman, or degrading treatment or punishment” on prisoners in order to gain information. It also establishes the UN Committee against Torture (UNCAT). The ban is absolute and cannot be waived: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of torture.” [United Nations High Commissioner for Human Rights, 12/10/1984; Savage, 2007, pp. 155] The treaty also forbids signatory nations from sending detainees to other countries if there is a reasonable expectation that they may be tortured. [United Nations High Commissioner for Human Rights, 12/10/1984; Human Rights Web, 1/25/1997]

Entity Tags: United Nations Committee against Torture, Convention Against Torture, United Nations

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA proposes a policy of abducting Islamic Jihad militants and sending them to Egypt which will soon be approved by President Bill Clinton (see June 21, 1995). The Clinton administration began a policy of allowing abductions, known as “renditions,” in 1993 (see 1993). At first, renditions were rarely used because few countries wanted the suspects. Michael Scheuer, head of the CIA’s bin Laden unit, is one of the architects of a 1995 agreement with Egypt to send rendered militants there. He will later recall: “It was begun in desperation.… We were turning into voyeurs. We knew where these people were, but we couldn’t capture them because we had nowhere to take them,” due to legal and diplomatic complications. The CIA realized that “we had to come up with a third party.” Egypt was the obvious choice because the Islamic Jihad is the prime political enemy of the Egyptian government, and many Islamic Jihad militants also work for al-Qaeda, an enemy of the US.
Turning a Blind Eye - However, the Egyptian secret police force, the Mukhabarat, is notorious for its torture of prisoners. As part of the program, the US helps track, capture, and transport suspects to Egypt (see Before Summer 1995) and then turns a blind eye while the Egyptians torture them. Scheuer claims the US could give the Egyptian interrogators questions they wanted put to the detainees in the morning and get answers by the evening. Because torture is illegal in the US, US officials are never present when the torture is done. Further, the CIA only abducts suspects who have already been convicted in absentia. Talaat Fouad Qassem is the first known person the CIA renders to Egypt (see September 13, 1995). But the number of renditions greatly increases in 1998, when the CIA gets a list of Islamic Jihad operatives around the world (see Late August 1998). These renditions result in a big trial in Egypt in 1999 that effectively destroys Islamic Jihad as a major force in that country (see 1999). [New Yorker, 2/8/2005]
CIA, NSC, Justice Department Lawyers Consulted - Scheuer will say that lawyers inside and outside the CIA are intensively consulted about the program: “There is a large legal department within the Central Intelligence Agency, and there is a section of the Department of Justice that is involved in legal interpretations for intelligence work, and there is a team of lawyers at the National Security Council, and on all of these things those lawyers are involved in one way or another and have signed off on the procedure. The idea that somehow this is a rogue operation that someone has dreamed up is just absurd.” [Grey, 2007, pp. 140-141]
Leadership of Program - The rendition program does not focus solely on al-Qaeda-linked extremists, and other suspected terrorists are also abducted. Scheuer will later tell Congress, “I authored it and then ran and managed it against al-Qaeda leaders and other Sunni Islamists from August 1995, until June 1999.” [US Congress, 4/17/2007 pdf file] A dedicated Renditions Branch will be established at CIA headquarters in 1997 (see 1997), but the relationship between Scheuer and its manager is not known—it is unclear whether this manager is a subordinate, superior, or equal of Scheuer, or whether Scheuer takes on this responsibility as well. After Scheuer is fired as unit chief in May 1999 (see June 1999), his role in the rendition program will presumably be passed on to his successor, Richard Blee, who will go on to be involved in rendition after 9/11 (see Shortly After December 19, 2001). In a piece apparently about Blee, journalist Ken Silverstein will say that he “oversaw… the [Counterterrorist Center] branch that directed renditions.” [Harper's, 1/28/2007]

Entity Tags: Mukhabarat (Egypt), Richard Blee, Islamic Jihad, Alec Station, Central Intelligence Agency, Egypt, Michael Scheuer

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Osama bin Laden’s brother-in-law, Mohammed Jamal Khalifa, helps fund a militant group in Yemen that will later take credit for the 2000 USS Cole bombing. The group, the Islamic Army of Aden, is apparently formed in 1996 or 1997, but is not heard from until May 1998, when it issues the first of a series of political statements. The group will kidnap 16 mainly British tourists in December 1998 and four of the tourists will be killed during a shootout with police. The remaining hostages are rescued. [Yemen Gateway, 1/1999] Evidence ties Khalifa to the 1995 Bojinka plot and other violent acts, though he has denied all allegations that he is linked to terrorist groups. Vincent Cannistraro, former head of the CIA’s Counterterrorist Center, later claims that not only did Khalifa fund the Islamic Army of Aden, but that 9/11 hijacker Khalid Almihdhar had ties to the group as well. (A San Diego friend of Almihdhar’s will later say that Almihdhar told him he was a member of the group (see Around October 12, 2000).) [Wall Street Journal, 9/19/2001] Cannistraro further notes that Khalifa went on to form the group after being deported from the US in 1995. “He should never have been allowed to leave US custody.” [San Francisco Chronicle, 10/24/2001] The group praises bin Laden and uses a training camp reportedly established by him in southern Yemen. But the group is more clearly tied to Sheikh Abu Hamza al-Masri, a handless, one-eyed Afghan war veteran living and preaching openly in London. [Washington Post, 9/23/2001]

Entity Tags: Vincent Cannistraro, Abu Hamza al-Masri, Islamic Army of Aden, Mohammed Jamal Khalifa, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline

Law professor John Yoo writes a lengthy essay for the California Law Review entitled “The Continuation of Politics by Other Means: The Original Understanding of War Powers,” in which he argues that the Founding Fathers intended to empower presidents to launch wars without Congressional permission. Yoo has clerked for conservative judge Laurence Silberman and equally conservative Supreme Court Justice Clarence Thomas, and served for a year as counsel to then-Senate Judiciary Committee Chairman Orrin Hatch (R-UT). He has become a regular speaker at Federalist Society events, the informal but influential group of conservative lawyers, judges, and legal scholars who will come to have so much influence in the Bush administration. You argues that for generations, Constitutional scholars have misread the Constitution: the Founders actually supported, not repudiated, the British model of executive power that gave the king the sole power of declaring war and committing forces to battle. The Constitution’s granting of the legislature—Congress—the power to “declare war” is merely, Yoo writes, a reference to the ceremonial role of deciding whether to proclaim the existence of a conflict as a diplomatic detail. The Founders always intended the executive branch to actually declare and commence war, he writes. Most other Constitutional scholars will dismiss Yoo’s arguments, citing notes from the Constitutional Convention that show the Founders clearly intended Congress, not the president, to decide whether to commit the country to war. One of those Founders, James Madison, wrote in 1795 that giving a president the unilateral ability to declare war “would have struck, not only at the fabric of the Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.” [Savage, 2007, pp. 80-81] Yoo will go on to join the Bush administration’s Office of Legal Counsel, and write numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002).

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

After fleeing Qatar, Khalid Shaikh Mohammed (KSM) travels the world and plans many al-Qaeda operations. He previously was involved in the 1993 World Trade Center bombing, and the Operation Bojinka plot. [Time, 1/20/2003] He is apparently involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), the 2000 USS Cole bombing (see October 12, 2000), and other attacks. One US official later says, “There is a clear operational link between him and the execution of most, if not all, of the al-Qaeda plots over the past five years.” [Los Angeles Times, 12/22/2002] He lives in Prague, Czech Republic, through much of 1997. [Los Angeles Times, 9/1/2002] By 1999, he is living in Germany and visiting with the hijackers there. [New York Times, 6/8/2002; New York Times, 9/22/2002] Using 60 aliases and as many passports, he travels through Europe, Africa, the Persian Gulf, Southeast Asia and South America, personally setting up al-Qaeda cells. [Los Angeles Times, 12/22/2002; Time, 1/20/2003]

Entity Tags: USS Cole, Al-Qaeda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On several occasion between 1996 and 1999, future 9/11 hijacker Hani Hanjour attends flight schools in Arizona (see October 1996-December 1997 and 1998). The 9/11 Commission will later note, “It is clear that when Hanjour lived in Arizona in the 1990s, he associated with several individuals who have been the subject of counterterrorism investigations.” Some of the time, he is accompanied by two friends, Bandar Al Hazmi and Rayed Abdullah. Al Hazmi and Abdullah have been friends with each other in high school in Saudi Arabia, but it is not known if either knew Hanjour before moving to the US. Al Hazmi and Hanjour are roommates for a time. Al Hazmi will finish his training and leave the US for the last time in January 2000 (he apparently will be interviewed overseas in 2004). Abdullah becomes a leader of a Phoenix mosque where he reportedly gives extremist speeches. He will continue to train with Hanjour occasionally through the summer of 2001. The FBI apparently will investigate him in May 2001. He will repeatedly be questioned by authorities after 9/11, then move to Qatar. In 2004, the 9/11 Commission will report that the FBI remains suspicious of Al Hazmi and Abdullah, but neither man is charged with any crime. The 9/11 Commission will also imply that another of Hanjour’s Arizona associates is al-Qaeda operative Ghassan al Sharbi. Al Sharbi will be arrested in Pakistan in March 2002 with al-Qaeda leader Abu Zubaida (see March 28, 2002). He apparently is a target of Ken Williams’s “Phoenix memo”(see July 10, 2001). Another associate of Hanjour’s, Hamed al Sulami, is in telephone contact with a radical Saudi imam who is said to be the spiritual advisor to al-Qaeda leader Abu Zubaida. This imam may have a role in recruiting some of the 9/11 hijackers. Abdulaziz Alomari, for instance, was a student of this imam. It seems that al Sulami is also a target of Williams’s memo. [Washington Post, 9/10/2002; US Congress, 9/26/2002; 9/11 Commission, 7/24/2004, pp. 233, 520-521, 529]

Entity Tags: Rayed Abdullah, Hani Hanjour, Bandar Al Hazmi, Ghassan al Sharbi, Hamed al Sulamis

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Abu Hamza.Abu Hamza. [Source: Ian Waldie / Reuters / Corbis]London-based imam Abu Hamza al-Masri starts working with two branches of the British security services, the police’s Special Branch and MI5, the domestic counterintelligence service. The relationships continue for several years and there are at least seven meetings between Abu Hamza and MI5 between 1997 and 2000 (see October 1, 1997, November 20, 1997, and September 1998). Based on records of the meetings, authors Daniel O’Neill and Sean McGrory will describe the relationship as “respectful, polite, and often cooperative.”
Rhetoric - One theme in the meetings, which take place at Abu Hamza’s home and a mosque he runs in Finsbury Park, is that the security services tell Abu Hamza that they do not want any trouble and ask him to tone down some of his more inflammatory comments. Abu Hamza listens politely, but always replies he is committed to jihad. However, over this period Abu Hamza’s rhetoric changes subtly, and he begins attacking “Zionists,” rather than simply “Jews.” Abu Hamza will later say that he asks security officers if his sermons are inappropriate, and they reply, “No, freedom of speech, you don’t have to worry unless we see blood on the streets.”
Information - Abu Hamza provides the security services with information about the ideology of various extremist factions, as well as “tidbits” of information about others, although in one case he provides specific intelligence that leads to the detention of two terrorist suspects. He also likes to “tell tales” about one of his rival preachers, Sheikh Omar Bakri Mohammed, and his Al-Muhajiroun organization.
Favors - Sometimes Abu Hamza asks for favors from his handlers. For example, on one occasion he requests the release of some associates after promising that they are not a threat in Britain.
Beyond the Reach of British Law - Abu Hamza will tell his aides that he is “beyond the reach of British law,” and will neglect to pay the mosque’s electricity and water bills. Authors Sean O’Neill and Daniel McGrory will later comment: “Increasingly, Abu Hamza acted as if Finsbury Park had divorced itself from Britain and was operating as an independent Muslim state. He contacted extremist groups, offering his services as an ambassador for them in [Britain] and presenting the mosque as a place of guaranteed asylum.” [O'Neill and McGrory, 2006, pp. 96-97, 143-5]

Entity Tags: UK Security Service (MI5), Sean O’Neill, Daniel McGrory, Abu Hamza al-Masri, Metropolitan Police Special Branch, Special Branch (Britain)

Timeline Tags: Complete 911 Timeline

The US enacts a law banning torture or abuse by any government official or employee. Title 18 of the US Code, Chapter 113C, Section 2340 bans US officials anywhere in the world from intentionally inflicting “severe physical or mental pain or suffering” upon another person in their control. Violation of this statute would earn the convicted official up to 20 years in prison; if a detainee dies as a result of the abuse, the convicted official can be sentenced to death. Any American official who conspires to have a prisoner abused is subject to the same penalties. [Legal Information Institute, 1/26/1998; Savage, 2007, pp. 155]

Timeline Tags: Torture of US Captives

The Committee for Peace and Security in the Gulf (CPSG), a bipartisan group made up largely of foreign policy specialists, sends an “Open Letter to the President” calling for President Clinton to use the US military to help Iraqi opposition groups overthrow Saddam Hussein and replace him with a US-friendly government. US law forbids such an operation. The group is led by, among others, former Representative Stephen Solarz (D-NY) and prominent Bush adviser Richard Perle, a former assistant secretary of defense.
Largely Neoconservative in Makeup - Many of its co-signers will become the core of the Bush administration’s neoconservative-driven national security apparatus. These co-signers include Elliott Abrams, Richard Armitage, John Bolton, Stephen Bryen, Douglas Feith, Frank Gaffney, Fred Ikle, Robert Kagan, Zalmay Khalilzad, William Kristol, Michael Ledeen, Bernard Lewis, Peter Rodman, Donald Rumsfeld, Gary Schmitt, Max Singer, Casper Weinberger, Paul Wolfowitz, David Wurmser, and Dov Zakheim. [CNN, 2/20/1998; Middle East Policy Council, 6/2004] The CPSG is closely affiliated with both the neoconservative Project for the New American Century (PNAC—see June 3, 1997 and January 26, 1998) and the neoconservative American Enterprise Institute (AEI), both of which boast Perle as a powerful and influential member. Jim Lobe of the Project Against the Present Danger later learns that the CPSG is funded in large part by a sizable grant from the right-wing Bradley Foundation, a key funding source for both the PNAC and the AEI. According to Counterpunch’s Kurt Nimmo, the plan for overthrowing Iraq later adopted by the Bush administration, and currently advocated by the CPSG, will be echoed in the PNAC’s September 2000 document, “Rebuilding America’s Defenses” (see September 2000). [CounterPunch, 11/19/2002]
Advocates Supporting Iraq-Based Insurgency - The letter reads in part: “Despite his defeat in the Gulf War, continuing sanctions, and the determined effort of UN inspectors to root out and destroy his weapons of mass destruction, Saddam Hussein has been able to develop biological and chemical munitions.… This poses a danger to our friends, our allies, and to our nation.… In view of Saddam Hussein’s refusal to grant UN inspectors the right to conduct unfettered inspections of those sites where he is suspected of storing his still significant arsenal of chemical and biological munitions and his apparent determination never to relinquish his weapons of mass destruction, we call upon President Clinton to adopt and implement a plan of action designed to finally and fully resolve this utterly unacceptable threat to our most vital national interests.” The plan is almost identical to the “End Game” scenario proposed in 1993 (see November 1993) and carried out, without success, in 1995 (see March 1995). It is also virtually identical to the “Downing Plan,” released later in 1998 (see Late 1998). In 2004, then-Defense Intelligence Agency official Patrick Lang will observe, “The letter was remarkable in that it adopted some of the very formulations that would later be used by Vice President [Dick] Cheney and other current administration officials to justify the preventive war in Iraq that commenced on March 20, 2003” (see March 19, 2003). The CPSG advocates:
bullet US support for Ahmed Chalabi’s Iraqi National Congress (INC—see 1992-1996) as the provisional government to replace Hussein’s dictatorship;
bullet Funding the INC with seized Iraqi assets, designating areas in the north and south as INC-controlled zones, and lifting sanctions in those areas;
bullet Providing any ground assault by INC forces (see October 31, 1998) with a “systematic air campaign” by US forces;
bullet Prepositioning US ground force equipment “so that, as a last resort, we have the capacity to protect and assist the anti-Saddam forces in the northern and southern parts of Iraq”;
bullet Bringing Hussein before an international tribunal on war crimes charges.
Carrying out these actions, Solarz says, would completely eliminate the threat of weapons of mass destruction that he claims Iraq owns. [Abrams et al., 2/19/1998; CNN, 2/20/1998; Middle East Policy Council, 6/2004]

The Islamic Army of Aden (IAA) begins issuing what authors Sean O’Neill and Daniel McGrory will describe as “provocative political statements.” The IAA is headed by Zein al-Abidine Almihdhar, who claims to have fought in Afghanistan with Osama bin Laden, and the organization will go on to have links with al-Qaeda (see Early 2000 and October 12, 2000). The Yemeni government had previously ignored the group, but is now irked by the statements and asks the elders of Almihdhar’s tribe to muzzle him. However, this strategy does not work, so the government offers a reward for his capture, dead or alive. Despite this, the IAA will plot a series of attacks later in the year (see Before December 23, 1998). [O'Neill and McGrory, 2006, pp. 163]

Entity Tags: Islamic Army of Aden, Zein al-Abidine Almihdhar

Timeline Tags: Complete 911 Timeline

Abu Hamza al-Masri, a leading British imam and an informer for the British security services (see Early 1997), concludes an agreement with Zein al-Abidine Almihdhar, leader of the Yemen-based Islamic Army of Aden, who he had met in Afghanistan in the early 1990s. Abu Hamza sends followers for low-key militant training in Britain (see (Mid-1997) and (1998)), but this training consists of little more than survival courses and he needs a location where firearms can be used more freely. Therefore, Almihdhar agrees to provide training in Yemen, at a cost of £1,200 (about $1,800) per group of trainees. In return, Abu Hamza agrees to act as his press spokesman, and gives him a satellite phone costing £2,000 (about $3,200). Authors Sean O’Neill and Daniel McGrory will later describe the training: “The climate was brutal, the food inedible, and most of [the British recruits] complained that they missed their computer games and creature comforts. They got to ride horses, fire off several rounds of ammunition from an automatic rifle, and were instructed how to rig explosive devices by men who had fought in Afghanistan. They were also taught what else they would need to do to kill hundreds of innocents in an attack planned for Christmas day.” [O'Neill and McGrory, 2006, pp. 157-158, 162, 164-165] A group of Abu Hamza’s supporters who travel to Yemen for militant training with Almihdhar will later be arrested by police (see December 23, 1998) and Abu Hamza and Almihdhar will talk on the satellite phone during a kidnapping organized to engineer their release (see December 28-29, 1998).

Entity Tags: Abu Hamza al-Masri, Islamic Army of Aden, Zein al-Abidine Almihdhar

Timeline Tags: Complete 911 Timeline

A witness questioned during the FBI’s investigation of the African embassy bombings says that al-Qaeda operative Abd al-Rahim al-Nashiri intends to attack a US vessel in Aden. The USS Cole will be bombed in Aden harbor two years later (see October 12, 2000) and al-Nashiri, who provided a fake passport for one of the embassy bombers (see August 22-25 1998), will be one of the managers of the operation (see November-December 2000). [Federal Bureau of Investigation, 9/9/1998 pdf file; New Yorker, 7/10/2006 pdf file]

Entity Tags: Abd al-Rahim al-Nashiri, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Mohamed al-Owhali is arrested and immediately begins confessing to FBI investigators his role in the recent al-Qaeda bombing of the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998). In addition to revealing the existence of an al-Qaeda network in the US planning an attack there (August 12-25, 1998) and also revealing the phone number of a key al-Qaeda communications hub in Yemen (see Late August 1998), it appears he also reveals al-Qaeda plans for an attack in Yemen. In October 2000, Al-Qaeda operatives bombed the USS Cole in a port in Yemen (see October 12, 2000). In January 2001, in coverage of al-Owhali’s trial for his role in the embassy bombings, a court document mentions that during his interrogation he mentioned “a possible attack in Yemen.” [CNN, 1/19/2001] However, one newspaper notes, “It could not be learned how the authorities followed up on the information or how detailed it was.” [New York Times, 1/18/2001] It will later be revealed that al-Owhali identified the two leaders of the Cole bombing as participants in the planning for the US embassy bombings. [CNN, 10/16/2001]

Entity Tags: Mohamed al-Owhali, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Dan ColemanDan Coleman [Source: CNN]Beginning in the autumn of 1998, the FBI uses the phone records of an al-Qaeda communications hub run by operative Ahmed al-Hada and his son Samir to build a map of al-Qaeda’s global organization. A map showing all the places in the world that have communicated with the hub is posted on the wall of the interagency counterterrorism I-49 squad in New York. The hub’s telephone number was uncovered during the East African embassy bombings investigation (see August 4-25, 1998 and Late August 1998). [Al Ahram, 2/21/2002; MSNBC, 7/21/2004; Wright, 2006, pp. 343; New Yorker, 7/10/2006 pdf file] According to FBI agent and I-49 squad member Dan Coleman, al-Hada is “uncle of half the violent jihadists we knew in the country.” [Suskind, 2006, pp. 94] Several of his sons and sons-in-law are al-Qaeda operatives and some die fighting and training with radical Islamists; this is known to US intelligence before 9/11. Hijacker Khalid Almihdhar is also a son-in-law of al-Hada. [MSNBC, 2/14/2002; Fox News, 2/14/2002; Los Angeles Times, 12/21/2005] The number is monitored by the NSA and over the next three years it mines intelligence that helps authorities foil a series of plots, including planned attacks on the US Embassy in Paris and the US Consulate in Istanbul, along with an attempted airline hijacking in Africa. However, the hub also serves as a planning center for the 2000 attack on the USS Cole in Yemen, which is successful (see October 12, 2000). [US News and World Report, 3/15/2004] The CIA, as the primary organization for gathering foreign intelligence, has jurisdiction over conversations on the al-Hada phone. Helped by the NSA, it stakes out the house—tapping the phone, planting bugs, and taking satellite photographs of its visitors. However, the CIA apparently does not provide the FBI with all the relevant information it is obtaining about al-Qaeda’s plans. [Mirror, 6/9/2002; New Yorker, 7/10/2006 pdf file] For example, the FBI is not informed that hijackers Khalid Almihdhar and Nawaf Alhazmi make calls to the communications hub from the US between spring 2000 and summer 2001 (see Spring-Summer 2000 and Mid-October 2000-Summer 2001). The FBI also asks the NSA to pass any calls between the communications hub and the US to the FBI, but the NSA does not do this either (see Late 1998). [Suskind, 2006, pp. 94]

Entity Tags: Federal Bureau of Investigation, I-49, National Security Agency, Samir al-Hada, Khalid Almihdhar, Nawaf Alhazmi, Dan Coleman, Ahmed al-Hada, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Islamic Army of Aden (IAA), a local militant group linked to al-Qaeda (see Early 2000 and October 12, 2000), plots a series of strikes against Western-related targets in Aden, Yemen. According to the Yemeni authorities, the plot encompasses:
bullet An attack on the Movenpick hotel, which is used by Western tourists and had already been bombed in 1992 (see December 29, 1992);
bullet Firing rockets into a clinic in the grounds of Aden’s only Christian church;
bullet Murdering British diplomats at the British consulate;
bullet Attacks on the Al Shadhrawan nightclub;
bullet Hitting the UN office in Aden; and
bullet Attacking a hotel used by US troops.
However, the plot, headed by IAA leader Zein al-Abidine Almihdhar, will be broken up on December 23, when six of the plotters linked to leading British imam Abu Hamza al-Masri are arrested by police in Aden (see December 23, 1998). [O'Neill and McGrory, 2006, pp. 159-160]

Entity Tags: Islamic Army of Aden, Zein al-Abidine Almihdhar

Timeline Tags: Complete 911 Timeline

Zein al-Abidine Almihdhar, leader of the al-Qaeda-affiliated Islamic Army of Aden (see Early 2000 and October 12, 2000), telephones Abu Hamza al-Masri, a London-based imam and informer for the British security services (see Early 1997). Six operatives sent by Abu Hamza to Yemen for training had become involved in a bomb plot, but were arrested four days ago (see December 23, 1998). Almihdhar makes two calls to Abu Hamza, and tells him of the capture of the operatives, who include Abu Hamza’s stepson and former bodyguard. The two men apparently come up with a plan to capture some Western tourists, and Abu Hamza purchases more airtime worth £500 (about $800) for Almihdhar’s satellite phone. After the tourists are captured the next day (see December 28-29, 1998), Almihdhar will immediately telephone Abu Hamza and, according to one of the tourists’ drivers, say, “We’ve got the goods that were ordered, 16 cartons marked Britain and America.” This is not the only telephone contact between the two men, and authors Sean O’Neill and Daniel McGrory will add, “What was apparent from the first hours of the hostage crisis was that the short-tempered [Almihdhar] needed the advice and reassurance of his spokesman in North London.” The calls are intercepted by the Government Communications Headquarters, Britain’s wiretapping agency, using a base in Cyprus. Although the communications cannot be used in court under British law, they are useful to the intelligence services in determining what is going on between Almihdhar and Abu Hamza. However, the intercepts are also shared with the FBI, which will later indicate it may use them in a US prosecution of Abu Hamza stemming from the fact that two of the kidnap victims are American nationals. [O'Neill and McGrory, 2006, pp. 156-157, 161, 180]

Entity Tags: Zein al-Abidine Almihdhar, Abu Hamza al-Masri, Government Communications Headquarters, Islamic Army of Aden

Timeline Tags: Complete 911 Timeline

Radical imam and British intelligence informer Abu Hamza al-Masri (see Early 1997) defends the kidnapping of Western hostages in Yemen by the Islamic Army of Aden (IAA—see December 28-29, 1998) in the British media. The IAA is an al-Qaeda affiliate (see Early 2000 and October 12, 2000) and Abu Hamza acts as its press officer. Although it is unusual for radical Islamists to appear on television in Britain at this time, Abu Hamza does not shy away from the publicity. Authors Sean O’Neill and Daniel McGrory will even call him a “publicity junkie,” and comment on his television appearances: “[Abu Hamza] tried to defend the indefensible by appearing on television and supporting the gunmen holding innocent Western hostages in the desert. Much of what he had to say in his strangled English about ‘jihad’ and martyrdom baffled his armchair British audience, most of who at the time had never heard of al-Qaeda.… He would stab his hook at the camera lens as he issued his bloodcurdling threats against politicians who did not heed his advice. His language was provocative, his demeanour threatening, but he had achieved one ambition—people in Britain suddenly knew the name of Abu Hamza.” His appearances do not go down well with the media, and, in O’Neill and McGrory’s words, he is “vilified .. after he admitted that he was the press officer for the kidnappers from the pompously named Islamc Army of Aden and Abyan.” Abu Hamza will later admit that this is the biggest mistake he ever makes. According to O’Neill and McGrory: “He [loses] friends and credibility, and [becomes] a marked man by the security authorities in Britain. But his standing with young British extremists [is] boosted.” [O'Neill and McGrory, 2006, pp. 158-159, 172-173]

Entity Tags: Abu Hamza al-Masri, Islamic Army of Aden

Timeline Tags: Complete 911 Timeline

Nabil al-Marabh will claim in a 2002 statement that in May 1999, the FBI approaches him in Boston, looking for Raed Hijazi. Al-Marabh will say he lied and said he did not know Hijazi, even though he knew him well. Hijazi apparently has not been involved in any violent crime yet, but will participate in a failed attempt to bomb a hotel in Jordan (see November 30, 1999) and will help plan the USS Cole bombing in October 2000 (see October 12, 2000). [Washington Post, 9/4/2002] In August 1999 FBI agents again visit al-Marabh’s Boston apartment to ask him about another man. Al-Marabh’s wife will later recall that the first name of this man is Ahmed. [New York Times, 10/14/2001] He is from Jordan and had lived in their apartment for two months. [New York Times, 9/21/2001] Around the same time, the Boston FBI is looking for another associate of al-Marabh’s, Mohamad Kamal Elzahabi (see 1997 and 1999). They work at the same taxi company and fought together in Afghanistan.

Entity Tags: Nabil al-Marabh, Federal Bureau of Investigation, Raed Hijazi, Mohamad Kamal Elzahabi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The government of Yemen says that it has executed Zein al-Abidine Almihdhar, leader of the al-Qaeda affiliate group the Islamic Army of Aden (IAA), for his part in a kidnapping and murder plot (see December 28-29, 1998). However, the execution is not public and his body is not returned to his family. This leads Abu Hamza al-Masri, a leading supporter of the IAA, to speculate that Almihdhar is still alive in prison. Yemeni journalist Bashraheel Bashraheel will also comment: “The execution would have sparked a civil war.… The tribal leaders know [Almihdhar] is still alive and have been bribed to persuade their followers not to rebel.” [Quin, 2005, pp. 126, 157-8, 187] It will later be suggested that Almihdhar is a distant relative of 9/11 hijacker Khalid Almihdhar. [New York Times, 12/7/2001]

Entity Tags: Yemen, Zein al-Abidine Almihdhar, Bashraheel Bashraheel, Islamic Army of Aden, Abu Hamza al-Masri

Timeline Tags: Complete 911 Timeline

9/11 hijacker Khalid Almihdhar tells another operative that al-Qaeda is planning a ship-bombing attack. The US will learn this from a detainee interviewed in December 2001. The detainee will say that Almihdhar informed him that al-Qaeda operative Abd al-Rahim al-Nashiri was the plot’s originator. [9/11 Commission, 7/24/2004, pp. 491] Al-Nashiri discussed the ship bombing attack in a telephone call made in late 1998. The call may have been to the al-Qaeda communications hub at which Almihdhar lived and may also have been picked up by the US (see (Mid-August 1998)). Al-Qaeda soon attempts to attack the USS The Sullivans in Aden, Yemen, but the plan fails (see January 3, 2000). Almihdhar, who will be accused of participating in the plot to bomb the USS Cole in Yemen (see October 12, 2000, Early October 2001 and October 4, 2001), travels to Yemen shortly before the attack on the Sullivans (see November/December 1999) and apparently leaves one day after it (see January 2-5, 2000).

Entity Tags: Abd al-Rahim al-Nashiri, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline

Following a raid on suspected al-Qaeda operatives in Dublin, Ireland, on December 21, 1999 (see December 21, 1999), FBI investigators begin monitoring the al-Qaeda cell there. The cell is believed to specialize in providing travel and identity documents for others committing violent acts. It will later be reported that “further investigation led to the tracing of telephone calls between Dublin and the Yemen in the period before al-Qaeda launched” its attack on the USS Cole (see October 12, 2000). [Irish Times, 7/31/2002] Additional details such as what was said in these calls have not been reported. The calls to Yemen may well have been to a Yemeni al-Qaeda communications hub that was under US surveillance since at least 1998 (see Late August 1998).

Entity Tags: Federal Bureau of Investigation, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The USS The Sullivans.The USS The Sullivans. [Source: US Navy]An al-Qaeda attack on USS The Sullivans in Yemen’s Aden harbor fails when their boat filled with explosives sinks. This is one of a series of failed al-Qaeda attacks planned to take place around the turn of the millennium (see December 31, 1999-January 1, 2000). But the attack remains undiscovered, and a duplication of the attack by the same people will successfully hit the USS Cole in October 2000 (see October 12, 2000). [PBS Frontline, 10/3/2002] The US will first learn of the planned The Sullivans attack when interrogating a suspect in the Cole bombing in early November 2000. [New York Times, 11/10/200]

Entity Tags: USS Cole, USS The Sullivans, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Attendees of the Malaysian summit. Top row, from left: Nawaf Alhazmi, Khalid Almihdhar, Khalid Shaikh Mohammed. Middle row, from left: Khallad bin Attash, Abd al-Rahim al-Nashiri, Hambali. Bottom row, from left: Yazid Sufaat, Ramzi bin al-Shibh, Abu Bara al-Taizi. Attendees of the Malaysian summit. Top row, from left: Nawaf Alhazmi, Khalid Almihdhar, Khalid Shaikh Mohammed. Middle row, from left: Khallad bin Attash, Abd al-Rahim al-Nashiri, Hambali. Bottom row, from left: Yazid Sufaat, Ramzi bin al-Shibh, Abu Bara al-Taizi. [Source: FBI]About a dozen of Osama bin Laden’s trusted followers hold a secret, “top-level al-Qaeda summit” in the city of Kuala Lumpur, Malaysia. [CNN, 8/30/2002; San Diego Union-Tribune, 9/27/2002] According to an unnamed senior CIA official, before the summit started, the CIA learned that “11 young guys” were going to attend, and “young guys” is slang for operatives traveling. [Bamford, 2008, pp. 18] Plans for the October 2000 bombing of the USS Cole (see October 12, 2000) and the 9/11 attacks are discussed. [USA Today, 2/12/2002; CNN, 8/30/2002] At the request of the CIA, the Malaysian Secret Service monitors the summit and then passes the information on to the US (see January 5-8, 2000 and Shortly After). Attendees of the summit are said to include:
Nawaf Alhazmi and Khalid Almihdhar - The CIA and FBI will later miss many opportunities to foil the 9/11 plot through Alhazmi and Almihdhar and the knowledge of their presence at this summit. The CIA already knows many details about these two by the time the summit begins (see January 2-4, 2000), and tracked Almihdhar as he traveled to it (see January 2-5, 2000).
Yazid Sufaat - Sufaat is a Malaysian who owns the condominium where the summit is held. He is also a trained biologist and is said to be a leading figure in al-Qaeda’s attempts to get a biological or chemical weapon. [New York Times, 1/31/2002; Newsweek, 6/2/2002] Malaysian officials also recognize Sufaat from summit surveillance photos, as he is a long-time Malaysian resident (see Shortly After January 8, 2000). [New Straits Times, 2/10/2002] A possibility to expose the 9/11 plot through Sufaat’s presence at this summit will later be missed in September 2000 (see September-October 2000). Sufaat will travel to Afghanistan in June 2001 and be arrested by Malaysian authorities when he returns to Malaysia in late 2001 (see December 19, 2001). [Australian, 12/24/2002] He will be released in 2008 (see December 4, 2008).
Hambali - An Indonesian militant known as Hambali, or Nurjaman Riduan Isamuddin [BBC, 8/15/2003] , was heavily involved in the Bojinka plot, an early version of the 9/11 plot (see January 6, 1995 and June 1994). [CNN, 3/14/2002; CNN, 8/30/2002] The FBI was aware of who he was and his connections to the Bojinka plot at least by 1999 and identified a photograph of him by that time (see May 23, 1999). He will be arrested by Thai authorities in August 2003 (see August 12, 2003). [CNN, 8/14/2003; CBS News, 8/15/2003] Malaysian officials recognize Hambali from summit surveillance photos, as he is a long-time Malaysian resident. But the US does not tell them of his Bojinka connections, so they will not know to arrest him after the summit is over (see Shortly After January 8, 2000). [New Straits Times, 2/10/2002]
Khalid Shaikh Mohammed - Mohammed is sometimes referred to as “KSM,” an al-Qaeda leader and the alleged “mastermind” of the 9/11 attacks. The US has known KSM is an Islamic militant since the exposure of Operation Bojinka in January 1995 (see January 6, 1995), and knows what he looks like. US officials will state that they only realized the summit was important in 2001, but the presence of KSM should have proved its importance. [Los Angeles Times, 2/2/2002] Although the possible presence of KSM at this summit will be disputed by US officials, one counterterrorism expert will testify before the 9/11 Commission in 2003 that he has access to transcripts of KSM’s interrogations since his capture, and that KSM has admitted leading this summit and telling the attendees about a planes-as-weapons plot targeting the US (see July 9, 2003). [Newsweek, 7/9/2003; New York Post, 7/10/2003] Many other media reports will identify him as being there. [Independent, 6/6/2002; CNN, 8/30/2002; CNN, 11/7/2002; Canadian Broadcasting Corporation, 10/29/2003] For instance, according to Newsweek: “Mohammed’s presence would make the intelligence failure of the CIA even greater. It would mean the agency literally watched as the 9/11 scheme was hatched—and had photographs of the attack’s mastermind… doing the plotting.” [Newsweek, 7/9/2003] In Hambali’s 2008 Guantanamo file, it will be mentioned that KSM stays a week at Sufaat’s condominium with Alhazmi and Almihdhar, which would seem to make clear that KSM is there for the entire duration of the summit (see Early January 2000). [US Department of Defense, 10/30/2008]
Khallad bin Attash - Khallad bin Attash, a “trusted member of bin Laden’s inner circle,” is in charge of bin Laden’s bodyguards, and serves as bin Laden’s personal intermediary at least for the USS Cole bombing. [Newsweek, 9/20/2001 pdf file] He is also thought to be a “mastermind” of that attack. Attash is reportedly planning to be one of the 9/11 hijackers, but will be unable to get a US visa. [9/11 Commission, 6/16/2004, pp. 8] US intelligence had been aware of his identity as early as 1995. [US Congress, 9/18/2002] A possibility to expose the 9/11 plot through bin Attash’s presence at this summit will be missed in January 2001 (see January 4, 2001). Bin Attash had been previously arrested in Yemen for suspected terror ties, but was let go (see Summer 1999). [Contemporary Southeast Asia, 12/1/2002] He will be captured in Pakistan by the US in April 2003 (see April 29, 2003). In 2008, Newsweek will report that bin Attash confessed during interrogation that, while staying at Sufaat’s condominium, he and Alhazmi talked “about the possibility of hijacking planes and crashing them or holding passengers as hostages.” [Newsweek, 12/16/2008]
Abd al-Rahim al-Nashiri - Al-Nashiri is one of al-Qaeda’s top field commanders and operates out of Malaysia while 9/11 is being prepared. [Los Angeles Times, 10/10/2001; Gunaratna, 2003, pp. 188; Graham and Nussbaum, 2004, pp. 59] He was involved in an arms smuggling plot (see 1997) and the East African embassy bombings (see August 22-25 1998), in which his cousin was martyred (see 10:35-10:39 a.m., August 7, 1998). He also organized the attack against the USS The Sullivans (see January 3, 2000), and will be involved in the attacks against the USS Cole (see October 12, 2000) and the Limburg (see October 6, 2002). He will be arrested in the United Arab Emirates in November 2002 (see Early October 2002). An al-Qaeda operative identified a photo of al-Nashiri for the FBI in late 1998 (see August 22-25 1998). [9/11 Commission, 7/24/2004, pp. 152-3] (Note: in the sources, al-Nashiri is referred to by two of his aliases: Muhammad Omar al-Harazi and Al Safani.) [CNN, 12/11/2000; Central Intelligence Agency, 9/6/2006]
Ramzi bin al-Shibh - Investigators believe he wants to be the 20th 9/11 hijacker. His presence at the summit may not be realized until after 9/11, despite the fact that US intelligence has a picture of him next to bin Attash, and has video footage of him. [Newsweek, 11/26/2001; Washington Post, 7/14/2002; Time, 9/15/2002; Die Zeit (Hamburg), 10/1/2002; CNN, 11/7/2002] German police will have credit card receipts indicating bin al-Shibh is in Malaysia at this time. [Los Angeles Times, 9/1/2002] Ulrich Kersten, director of Germany’s federal anticrime agency, the Bundeskriminalamt, will later say, “There are indications that Ramzi bin al-Shibh was in Kuala Lumpur for the meeting.” [New York Times, 8/24/2002] Another account noting he was photographed at the summit will further note that he enters and leaves Thailand three times in the first three weeks of January 2000. [Los Angeles Times, 10/17/2001] Anonymous Malaysian officials will later claim he is at the summit, but US officials will deny it. Two local militants who serve as drivers for the attendees will later be arrested in Malaysia. They will be shown photos of the attendees, and confirm that bin al-Shibh was at the summit. [Associated Press, 9/20/2002] One account will say he is recognized at the time of the summit, which makes it hard to understand why he is not tracked back to Germany and the Hamburg cell with Mohamed Atta and other 9/11 hijackers. [Der Spiegel (Hamburg), 10/1/2002] Another opportunity to expose the 9/11 plot through bin al-Shibh’s presence at this summit will be missed in June. It appears bin al-Shibh and Almihdhar are directly involved in the attack on the USS Cole in October 2000 (see October 10-21, 2000). [Guardian, 10/15/2001; Washington Post, 7/14/2002; Newsweek, 9/4/2002]
Salem Alhazmi - Alhazmi, a 9/11 hijacker and brother of Nawaf Alhazmi, is possibly at the summit, although very few accounts will mention it. [Australian, 12/24/2002] US intelligence intercepts from before the summit indicate that he at least had plans to attend. [US Congress, 7/24/2003, pp. 51 pdf file]
Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said) - A Yemeni al-Qaeda operative, al-Taizi is reportedly meant to be one of the 9/11 hijackers, but will be unable to enter the US due to greater scrutiny for Yemenis. [9/11 Commission, 6/16/2004, pp. 8] Al-Taizi will be captured in Pakistan in February 2002, and then sent to the US prison in Guantanamo a few months later (see February 7, 2002). According to his 2008 Guantanamo file, he traveled from Afghanistan to Malaysia with bin Attash about two weeks before the summit. Bin Attash was missing a leg, and he had a prosthetic leg fitted and then stayed in the hospital to recover from the surgery. Bin Attash and al-Taizi stay at Sufaat’s house for the duration of the summit. Al-Taizi then flies to Yemen to visit his family there. [US Department of Defense, 10/25/2008]
Others - Unnamed members of the Egyptian-based Islamic Jihad are also said to be at the summit. [Cox News Service, 10/21/2001] Islamic Jihad merged with al-Qaeda in February 1998. [ABC News, 11/17/2001] However, according to the Wall Street Journal, bin Attash and Fahad al-Quso are suspected of being Islamic Jihad members at one point, so this may just be a reference to them. [Wall Street Journal, 10/8/2001] Note that there are a total of 10 names mentioned above, and it will be reported that the CIA learned that 11 operatives were to attend, so either not all of them make it, or some names of attendees will remain unknown.
Summit Associates - The following individuals are probably not at the summit meetings, but are in the region and assisting or linked with the attendees at this time:
Fahad Al-Quso - Al-Quso is a top al-Qaeda operative who is involved in the bombing of the USS Cole. Some sources will indicate al-Quso is present in Malaysia, and a person who looks like him will later be seen in a photograph of the meeting (see June 11, 2001). [Newsweek, 9/20/2001 pdf file] However, other sources will say al-Quso did not reach Kuala Lumpur, but met with bin Attash around this time in Bangkok, Thailand (see January 5-6, 2000 and January 8-15, 2000). [9/11 Commission, 7/24/2004, pp. 159; Wright, 2006, pp. 330] Although al-Quso apparently is not at the summit, there are a series of phone calls during the time of the summit between his hotel in Bangkok, a phone booth near the condominium where the summit is held, and his family home in Yemen (see (January 5-8, 2000)). Al-Quso will be arrested by Yemeni authorities in the fall of 2000 (see Late October-Late November 2000), but the FBI will not be given a chance to fully interrogate him before 9/11. He will escape from prison in 2003. [CNN, 5/15/2003]
Ahmad Sajuli Abdul Rahman - An operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, Sajuli takes the visiting Arabs around Kuala Lumpur, but apparently does not attend the summit meetings. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee al-Taizi, one of the attendees Sajuli escorts around town is future 9/11 hijacker Khalid Almihdhar. Sajuli also helps arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli will be arrested in Malaysia in December 2001 (see December 29, 2001).
Ahmad Hikmat Shakir - A suspected al-Qaeda agent of Iraqi nationality, Shakir is a greeter at Kuala Lumpur airport. He meets Almihdhar there and travels with him to the apartment where the summit is held, but he probably does not attend the summit meetings. [Associated Press, 10/2/2002; Newsweek, 10/7/2002; Australian, 12/24/2002; Knight Ridder, 6/12/2004] After 9/11, he will be linked to the 1993 World Trade Center bombing and the 1995 Bojinka plot. Jordan will arrest him and let him go after the US says it doesn’t want to take custody of him (see September 17, 2001).
Dhiren Barot - Dhiren Barot (a.k.a. Abu Eissa al-Hindi) is a British citizen of Indian descent. According to a 2006 Observer article, Barot “is not believed to have been present” at the summit meetings. However, he does go to Kuala Lumpur during the time of the summit with summit attendee bin Attash. And shortly after the summit, Barot holds meetings with Hambali. It will later be reported that Barot is sent by KSM to New York City in early 2001 to case potential targets there, although whether this is part of the 9/11 plot or some other plot is unclear (see May 30, 2001). Barot will be arrested in 2004 in Britain for plotting attacks there, and sentenced to 30 years in prison (see August 3, 2004). [Observer, 12/12/2006]
Another Unnamed Local Militant - Malaysian officials will say that two local Jemaah Islamiyah act as drivers for the attendees. These drivers apparently have no idea who the attendees are or what they are doing; they are just tasked to drive them around. In a 2002 Associated Press article, officials will not name these drivers, but will say that they are among the dozens of alleged Jemaah Islamiyah militants arrested in December 2001 and January 2002. Since Sajuli mentioned above is arrested at that time, he presumably is one of these drivers. It is not known who the other driver is. (Sufaat will be arrested at that time as well, but the Associated Press article will make clear Sufaat is not one of the drivers.) [Associated Press, 9/20/2002]
Probably Not Involved: Mohamed al-Khatani - A Saudi, he allegedly will confess to attending the summit while being held in the US Guantanamo prison (see July 2002). He apparently will unsuccessfully attempt to enter the US in August 2001 to join the 9/11 plot (see August 4, 2001). However, al-Khatani will later recant his testimony and say he lied to avoid torture (see October 26, 2006). Furthermore, his 2008 Guantanamo file, leaked to the public in 2011, contains no hint of him even possibly attending the summit. The contents of the file must be treated with extreme caution, especially since he is repeatedly and brutally tortured (see August 8, 2002-January 15, 2003 and January 14, 2009). But according to the general narrative of the file, al-Khatani had no involvement with Islamist militancy in early 2000, only starts to get involved with militants in mid-2000, and first attends a militant training camp in Afghanistan in late 2000. [US Department of Defense, 10/30/2008]

Entity Tags: Hambali, Abu Bara al-Taizi, Dhiren Barot, Central Intelligence Agency, Ahmad Hikmat Shakir, Ahmad Sajuli Abdul Rahman, Al-Qaeda, Abd al-Rahim al-Nashiri, Islamic Jihad, Jemaah Islamiyah, Fahad al-Quso, Khalid Shaikh Mohammed, Ulrich Kersten, Yazid Sufaat, Khalid Almihdhar, Ramzi bin al-Shibh, Salem Alhazmi, Mohamed al-Khatani, Malaysian Secret Service, Khallad bin Attash, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

While in Thailand, 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi associate with three of the operatives who will later be involved in the bombing of the USS Cole (see October 12, 2000). The two hijackers arrive with Khallad bin Attash, who will command the Cole operation. The three of them come from Malaysia, where they were under surveillance by the CIA (see January 5-8, 2000 and January 8, 2000). While in Bangkok, bin Attash meets Cole bombers Fahad al-Quso and Ibrahim al-Thawar, who give bin Attash some money, possibly $36,000. Some of this may be passed to Alhazmi and Almihdhar. Under interrogation after 9/11, bin Attash will claim that, even though they all stay in the same hotel for part of the time (see (January 5-8, 2000)) the two groups do not meet. However, such statements are thought to be unreliable because of the methods used to extract them (see June 16, 2004). [9/11 Commission, 1/26/2004 pdf file; 9/11 Commission, 7/24/2004, pp. 159; Wright, 2006, pp. 312] Shown photographs of Alhazmi and Almihdhar after 9/11 by the FBI, al-Quso will say that he recognizes the two, but indicate that this may be because he met them at camps in Afghanistan. [New Yorker, 7/10/2006 pdf file] However, he is apparently photographed by Malaysian authorities standing next to Almihdhar in Kuala Lumpur (see (January 5-8, 2000)).

Entity Tags: Khalid Almihdhar, Ibrahim al-Thawar, Khallad bin Attash, Nawaf Alhazmi, Fahad al-Quso

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Kie Fallis, a Defense Intelligence Agency (DIA) terrorism intelligence analyst, later claims that around this time he uncovers an intelligence report about the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000). Public details of his exact knowledge about this summit have been scant, but it suggests at least some information on the summit spreads beyond the CIA and FBI not long after it takes place. But apparently, Fallis, who had been researching terror links between al-Qaeda and Iranian intelligence, learns that US intelligence discovered at the time that Malaysian security officials traced some attendees of the summit to the Iranian Embassy in Kuala Lumpur, where they spent the night. Fallis will use this lead along with other leads to suggest a terror warning in late September 2000 (see May 2000-Late September 2000) that he believes might have stopped the USS Cole attack in October 2000 (see October 12, 2000) . [Washington Times, 8/26/2002]

Entity Tags: Central Intelligence Agency, Kie Fallis, Federal Bureau of Investigation, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hussein ArabHussein Arab [Source: al-bab]Yemen’s interior minister, Hussein Arab, issues a letter to al-Qaeda commander Abd al-Rahim al-Nashiri instructing Yemeni authorities to give safe passage to al-Nashiri and three bodyguards without being searched or intercepted. The letter states that, “All security forces are instructed to cooperate with him and facilitate his mission.” Al-Nashiri’s mission turns out to be the attack on the USS Cole in which seventeen US sailors are killed (see October 12, 2000). Arab will be removed from his position in April 2001, but the letter will not come to light until the Cole trial in Yemen in 2004, when it is read out in court by the defense. Jamal Amer, editor of the weekly Al-Wasat, will comment that the letter “proves that there is a link between the security authorities and these groups.” [Associated Press, 8/25/2004] In May 2001, UPI will report, “According to several US government sources, one of the reasons the attack on the Cole succeeded was involvement by the ‘highest levels’ of the Yemen government of President Ali Abdallah Saleh, although Saleh himself personally was not, one said.” [United Press International, 5/20/2001]

Entity Tags: Ali Abdallah Saleh, Abd al-Rahim al-Nashiri, Hussein Arab

Timeline Tags: Complete 911 Timeline

Ramzi bin al-Shibh.Ramzi bin al-Shibh. [Source: FBI]During these months, Hamburg al-Qaeda cell member Ramzi bin al-Shibh tries several times to get a US visa, but all his attempts fail, some possibly due to a link to the USS Cole bombing. In 2000, he tries to a get a visa three times from Germany, and once from Yemen, but all these attempts fail. He may also make a fifth attempt in May 2001, although the 9/11 Commission will not include that in their final report. One of the applications says he will be visiting Agus Budiman, a Hamburg associate, in Washington (see October-November 2000). [Los Angeles Times, 10/24/2001; Australian, 12/24/2002; 9/11 Commission, 8/21/2004, pp. 11-15 pdf file; McDermott, 2005, pp. 209] Most accounts claim that bin al-Shibh is refused a visa on economic grounds based on fears that he will overstay his visa and work in the US. One official later suggests it was “only by luck” that he was turned down. [CBS News, 6/6/2002; Washington Post, 7/14/2002] However, Bin al-Shibh is in Yemen during the two months before the bombing of the Cole in that country, and investigators later conclude that he may have been involved in that attack (see October 10-21, 2000 and October 12, 2000). Possibly for this reason other accounts note that, as the London Times will put it, he was “turned down on security grounds.” [London Times, 9/9/2002] Newsweek will later report, “One senior law-enforcement official told Newsweek that bin al-Shibh’s efforts to obtain a US visa were rebuffed because of suspicions that he was tied to the bombing of the USS Cole.” [Los Angeles Times, 10/21/2001; Newsweek, 11/26/2001; BBC, 9/14/2002] In addition, Al Jazeera journalist Yosri Fouda will say that according to his US intelligence sources, bin al-Shibh’s visas were “turned down because he was implicated in the USS Cole attack.” [TBS Journal, 10/2002] But no journalist will ever question why this information didn’t lead to the unraveling of the 9/11 plot. Not only is there the obvious visa connection to Ziad Jarrah while he is training at a US flight school, but also during this same time period bin al-Shibh wires money to Marwan Alshehhi, Zacarias Moussaoui, and others, sometimes using his own name. [CBS News, 6/6/2002] It is unclear how the US would know about his ties to the bombing at this time, though it’s possible that the consular official who reviews his fourth attempt in Berlin in October/November 2000 sees that al-Shibh entered Yemen one day before the attack and leaves shortly after it (see October 10-21, 2000). [9/11 Commission, 8/21/2004, pp. 15 pdf file]

Entity Tags: Federal Bureau of Investigation, Agus Budiman, Ziad Jarrah, Ramzi bin al-Shibh, Zacarias Moussaoui, Marwan Alshehhi, Yosri Fouda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Kie Fallis, a Defense Intelligence Agency (DIA) terrorism intelligence analyst, has been gathering evidence of an upcoming al-Qaeda attack or attacks. In 2002, he will describe to the 9/11 Congressional Inquiry a research process similar to what Able Danger is using at the same time: “I began to notice there was a voluminous amount of information, as others have testified, regarding al-Qaeda. Most of it appeared to be unrelated to other pieces of information. It appeared to be almost chat. By using a piece of [commercial software called ‘Analyst’s Notebook’] I was able to put these small snippets of information into, and graphically represent them as well, I was able to, over a course of many months, to determine certain linkages between these items—linkages that would never be apparent without the use of this tool. It would be lost in the weeds. And there were a lot of weeds to look through.” [Washington Times, 8/26/2002; US Congress, 10/8/2002] In his research, he claims to find links between al-Qaeda and Iranian intelligence. By May 2000, he writes a classified report on his conclusion that “terrorists were planning two or three major attacks against the United States. The only gaps were where and when.” Apparently, he envisions at least one of these attacks will use a small boat to blow up a US warship. However, the DIA has already issued a report concluding that such a method of attack would be impossible to carry out successfully, and the agency sticks by this assessment. A video message put out by bin Laden in mid-September convinces Fallis that an al-Qaeda attack will happen in the next month or two.(see Mid-September 2000). Shortly after learning about this message, Fallis reaches “the ‘eureka point‘… in determining an impending terrorist attack.” This comes “from a still-classified intelligence report in September 2000, which he will not discuss.” [Washington Times, 8/26/2002] This may be a reference to a lead by the Able Danger team on increased al-Qaeda activity in Yemen at this time (see Late September 2000), and/or it may refer to other intelligence leads. Fallis goes to his supervisor and asks that at least a general warning of an attack in the Middle East be issued. He hopes such a warning will at least put US military forces in the region on a higher alert. His superior turns him down, and other superiors fail to even learn of his suggested warning. The USS Cole will be successfully attacked in the port of Aden, Yemen, by a small boat of terrorists on October 12, 2000 (see October 12, 2000) . [Washington Times, 8/26/2002] One day after the Cole attack, Fallis will resign in protest. According to Senator John Warner (R-VA),“What [Fallis] felt is that his assessment was not given that proper level of consideration by his superiors and, as such, was not incorporated in the final intelligence reports provided to military commanders in the [Middle East region].” [CNN, 10/25/2000]

Entity Tags: Al-Qaeda, Able Danger, Iran, Osama bin Laden, Kie Fallis, John W. Warner

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A CIA informant reveals that a militant group based in Sidon, Lebanon that is affiliated with bin Laden is planning to attack a US naval ship somewhere in the Eastern Mediterranean, probably off the coast of Lebanon. [Miniter, 2003, pp. 215] This is a probable reference to Asbat al-Ansar, the only group that fits such a profile. [US Department of State, 5/21/2002] The CIA and Defense Department discount the threat, pointing out the US is not deploying ships near Lebanon. However, counterterrorism “tsar” Richard Clarke will later say he was alarmed by the warning because it showed increased ambitions for al-Qaeda in going after hardened military targets. [Miniter, 2003, pp. 215] Al-Qaeda will successfully bomb the USS Cole several months later in Yemen (see October 12, 2000).

Entity Tags: US Department of Defense, Asbat al-Ansar, Central Intelligence Agency, Richard A. Clarke

Timeline Tags: Complete 911 Timeline

John Yoo, an associate law professor at the University of California at Berkeley, makes a presentation at a Cato Institute seminar on executive power. Yoo, who will go on to become one of the Bush administration’s primary advocates of unchecked executive power (see March 1996), accuses the Clinton administration of upending the Constitution to give the executive branch unwarranted authority (see March 24 - Mid-June, 1999). “[T]he Clinton administration has undermined the balance of powers that exist in foreign affairs, and [they] have undermined principles of democratic accountability that executive branches have agreed upon well to the Nixon administration,” he says. Regarding the Clinton administration’s stretched interpretation of the Anti-Ballistic Missile Treaty (see June 2000), Yoo says that the Clinton “legal arguments are so outrageous, they’re so incredible, that they actually show, I think, a disrespect for the idea of law, by showing how utterly manipulatible it is.” [Savage, 2007, pp. 67]

Entity Tags: Bush administration (43), John C. Yoo, Nixon administration, Clinton administration

Timeline Tags: Civil Liberties

According to PBS, an Egyptian informant warns US intelligence that al-Qaeda will attack an American warship. [PBS, 10/3/2002] The FBI also notices increased telephone activity by al-Qaeda in Yemen around the same time (see August-Early October 2000). The USS Cole is attacked in the autumn of this year (see October 12, 2000).

Entity Tags: US intelligence, Ahmed Nasrallah

Timeline Tags: Complete 911 Timeline

Mohammed Haydar Zammar, a member of the al-Qaeda cell in Hamburg, Germany, with a few of the future 9/11 hijackers, travels to Afghanistan and meets Osama bin Laden. German intelligence soon learns of the trip, and even gets wiretapped recordings of some of his conversations there. Zammar has been an Islamist militant for a long time, and went to training camps in Afghanistan in 1991 and 1994. Living in Hamburg, he was able to collect about 12,000 Deutsche Marks (approximately $6,000 at the time) for al-Qaeda. In September 2000, he takes the money to Afghanistan. He is able to get a face-to-face meeting with bin Laden, in a training camp near Kandahar. Zammar is still at the training camp in early October, when al-Qaeda bombs the USS Cole in Yemen (see October 12, 2000). He and the others in the camp have a celebration this night. This account is based on a confession Zammar will give to visiting German officials while he is secretly imprisoned in Syria in 2002 (see November 20-22, 2002). It is almost certain Zammar is frequently tortured there. However, Der Spiegel will later claim that German intelligence is able to verify many of the details of this trip on its own, because it receives wiretapped recordings of Zammar’s conversations in Afghanistan from at least one foreign intelligence agency. [Der Spiegel (Hamburg), 11/21/2005]

Entity Tags: Al-Qaeda, Mohammed Haydar Zammar, Osama bin Laden, German intelligence community

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A videotape message featuring bin Laden calling for more attacks on the US is aired on Al Jazeera. The video ends with al-Qaeda leader Ayman al-Zawahiri saying, “Enough of words, it is time to take action against this iniquitous and faithless force [the United States], which has spread troops through Egypt, Yemen and Saudi Arabia.” [CNN, 10/20/2000; Washington Times, 8/26/2002] Further, bin Laden is wearing a distinctive, curved Yemeni dagger. Lawrence Wright will later mention in the book The Looming Tower that this was a “teasing clue” similar to other clues he had left before other attacks. [Wright, 2006, pp. 318] DIA analyst Kie Fallis later recalls, “Every time he put out one of these videotapes, it was a signal that action was coming.” He claims that after hearing of the video, he “knew then it would be within a month or two.” But nonetheless, his suggestion to put out a general attack warning will go unheeded (see May 2000-Late September 2000). An al-Qaeda attack on the USS Cole follows less than a month later (see October 12, 2000). [Washington Times, 8/26/2002]

Entity Tags: Kie Fallis, Ayman al-Zawahiri, Osama bin Laden, United States

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lieutenant Colonel Anthony Shaffer will later claim that Captain Scott Phillpott, leader of the Able Danger program, briefs General Peter Schoomaker, head of Special Operations Command (SOCOM), that Able Danger has uncovered information of increased al-Qaeda “activity” in Aden harbor, Yemen. Shaffer, plus two other officials familiar with Able Danger later tell the New York Post that this warning was gleaned through a search of bin Laden’s business ties. Shaffer later recalls, “Yemen was elevated by Able Danger to be one of the top three hot spots for al-Qaeda in the entire world.” This warning, plus another possibly connected warning from Defense Intelligence Agency (DIA) analyst Kie Fallis (see May 2000-Late September 2000), go unheeded and no official warning is issued. The USS Cole is attacked by al-Qaeda terrorists in Aden harbor in October 2000 (see October 12, 2000). Shaffer later claims that Phillpott tells the 9/11 Commission about this warning in 2004 to show that Able Danger could have had a significant impact, but the Commission’s findings fail to mention the warning, or in fact anything else about Able Danger (see July 12, 2004). [New York Post, 9/17/2005; Jerry Doyle Show, 9/20/2005] Representative Curt Weldon (R-PA) will similarly tell Fox News: “[T]wo weeks before the attack on the Cole, in fact, two days before the attack on the Cole, [Able Danger] saw an increase of activity that led them to say to the senior leadership in the Pentagon at that time, in the Clinton administration, there’s something going to happen in Yemen and we better be on high alert, but it was discounted. That story has yet to be told to the American people.” [Fox News, 10/8/2005]

Entity Tags: Scott Phillpott, Peter J. Schoomaker, Curt Weldon, Al-Qaeda, Able Danger, Clinton administration, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Raed Hijazi.Raed Hijazi. [Source: Associated Press]Raed Hijazi participated in a failed attempt to bomb a hotel in Jordan at the start of the millennium (see November 30, 1999) and helped plan the USS Cole bombing in early October 2000 (see October 12, 2000). Hijazi knew Nabil al-Marabh in Boston, where they were roommates and drove taxis for the same company. In May 1999, the FBI had already approached al-Marabh looking for Hijazi, but al-Marabh will later claim he lied and said he did not know him. [Washington Post, 9/4/2002] Hijazi is arrested in Syria this month and imprisoned in Jordan, where he has just been convicted for his failed bomb attempt there. He quickly begins to cooperate with investigators, identifies himself as an al-Qaeda operative, and also identifies al-Marabh as an al-Qaeda operative still living in the US. Customs agents soon discover that al-Marabh had on at least one occasion wired money to Hijazi that was used to fund the failed millennium plot. These agents will eventually learn that al-Marabh repeatedly sent money overseas to Hijazi. Ahmed Ressam, arrested in late 1999 for attempting to bomb the Los Angeles airport, helps confirm the connection between al-Marabh and Hijazi. Ressam will start cooperating with US investigators in early 2001, but it is not clear if he gave this information before 9/11 or just after it. [New York Times, 9/18/2001; New York Times, 10/14/2001; New York Times, 10/14/2001; Toronto Sun, 11/16/2001; ABC News 7 (Chicago), 1/31/2002] Yet, the New York Times will note, “For months after the CIA learned of his ties to the bin Laden network, Mr. Marabh moved about unfettered—traveling around the [US], moving large amounts of money, getting duplicate driver’s licenses, and forging immigration documents.” [New York Times, 10/14/2001]

Entity Tags: Raed Hijazi, Nabil al-Marabh, US Customs Service, Federal Bureau of Investigation, Jordan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

During the first presidential debate between George W. Bush (R-TX) and Al Gore (D-TN), Bush accuses Gore of advocating a policy of aggressive foreign interventionism, a policy Gore does not support, but which Bush does (see December 2, 1999 and Spring 2000). “The vice president and I have a disagreement about the use of troops,” Bush says. “He believes in nation-building. I would be very careful about using our troops as nation builders” (see March 19, 2003). (Apparently, Bush is conflating the idea of foreign interventionism with the concept of nation building, two somewhat different concepts.) [Unger, 2007, pp. 175-176] Bush will reiterate the claim in the next presidential debate (see October 11, 2000).

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: Events Leading to Iraq Invasion, US International Relations

Before the bombing of the USS Cole in Aden, Yemen, Ramzi bin al-Shibh makes two trips to Yemen’s capital, Sana’a, and will later be said to play a role in the attack. Although bin al-Shibh is never named as a certain participant in the operation, he flies from Frankfurt, Germany, to Dubai, United Arab Emirates (UAE), on October 10, 2000. The next day, he flies from Dubai to Sana’a, putting him there one day before the bombing (see October 12, 2000). He flies from Sana’a to Dubai on October 21, and where he goes from there is not certain. [Los Angeles Times, 10/24/2001; Khan, 8/11/2002 pdf file; Australian, 12/24/2002; McDermott, 2005, pp. 209] Bin al-Shibh was also in Yemen for about four weeks up until a month before the bombing (see August-September 2000). Note also that the CIA is working with the Dubai airport to track all suspected militants passing through it, although it is not known if bin al-Shibh is suspected at this time (see 1999). He apparently attended an al-Qaeda summit with the other commanders of the ship-bombing operation in 2000 (see January 5-8, 2000) and some media reports indicate an application for a US visa he makes after the attack is rejected due to concerns about his involvement in the bombing. For example, the Los Angeles Times, based on conversations with law enforcement officials, will report that bin al-Shibh is “linked to the terrorist attack in Yemen on the US Navy destroyer Cole.[Los Angeles Times, 10/21/2001] Newsweek, the BBC, and Al Jazeera journalist Yosri Fouda will also report similar statements by law enforcement officials (see May 17, 2000-May 2001). [Newsweek, 11/26/2001; BBC, 9/14/2002; TBS Journal, 10/2002] One of the 9/11 hijackers, Khalid Almihdhar, may also be involved in the bombing (see Around October 12, 2000).

Entity Tags: Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

October 12, 2000: USS Cole Bombed by Al-Qaeda

Damage to the USS Cole.Damage to the USS Cole. [Source: Department of Defense]The USS Cole is bombed in the Aden, Yemen harbor by two al-Qaeda militants, Hassan al-Khamri and Ibrahim al-Thawar (a.k.a. Nibras). Seventeen US soldiers are killed and 30 are wounded. The CIA will later conclude that with just slightly more skilled execution, the attack would have killed 300 and sunk the ship. [ABC News, 10/13/2000; Coll, 2004, pp. 532; 9/11 Commission, 7/24/2004, pp. 191] The Islamic Army of Aden (IAA) immediately takes credit for the attack. This is a Yemen-based Muslim militant group widely believed to have close ties to al-Qaeda (see 1996-1997 and After). [Guardian, 10/14/2000] The IAA statement is released by its spokesman, Abu Hamza al-Masri (see Early 1997, (June 1998), and December 28, 1998 and After). Abu Hamza says that the attack was timed to mark the anniversary of the execution of the IAA’s former commander (see October 17, 1999). [O'Neill and McGrory, 2006, pp. 184] The prime minister of Yemen at the time of the bombing will say shortly after 9/11, “The Islamic Army was part of al-Qaeda.” [Guardian, 10/13/2001] The US soon learns the names of some al-Qaeda operatives involved in the attack, including Khalid Shaikh Mohammed, Tawfiq bin Attash and Fahad al-Quso (see Early December 2000), and Abd al-Rahim al-Nashiri (see November-December 2000). 9/11 hijackers Ramzi bin al-Shibh (see October 10-21, 2000) and Khalid Almihdhar (see Around October 12, 2000) may also have been involved. This is a repeat of a previously attempted attack, against the USS The Sullivans, which failed and was apparently undetected (see January 3, 2000). [Los Angeles Times, 12/22/2002] The 9/11 Commission will later say the Cole bombing “was a full-fledged al-Qaeda operation, supervised directly by bin Laden. He chose the target and location of the attack, selected the suicide operatives, and provided the money needed to purchase explosives and equipment.” [9/11 Commission, 7/24/2004, pp. 190]

Entity Tags: Khalid Shaikh Mohammed, Khallad bin Attash, Ramzi bin al-Shibh, Islamic Army of Aden, USS Cole, Osama bin Laden, Ibrahim al-Thawar, Khalid Almihdhar, Fahad al-Quso, Abd al-Rahim al-Nashiri, Hassan al-Khamri, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hours after the USS Cole bombing in Yemen (see October 12, 2000), President Clinton says regarding the bombing: “If, as it now appears, this was an act of terrorism, it was a despicable and cowardly act. We will find out who was responsible and hold them accountable.” [ABC News, 10/12/2000] But the US will not quickly retaliate against al-Qaeda, as it did with missile strikes after the 1998 US embassy bombings in East Africa (see August 20, 1998), despite convincing evidence that al-Qaeda was behind the Cole bombing (see Shortly After October 12, 2000, November 2000 or After, and November 7, 2000).

Entity Tags: William Jefferson (“Bill”) Clinton

Timeline Tags: Complete 911 Timeline

Following the attack on the USS Cole (see October 12, 2000), the CIA discusses possible policy changes in the hunt for Osama bin Laden. Disappointed by US inaction, Alec Station chief Richard Blee decides “we’ve got to change the rules,” because he thinks al-Qaeda is getting stronger and stronger. This entails enhanced support for the Northern Alliance led by Ahmed Shah Massoud, which is the only credible opposition fighting the Taliban and al-Qaeda in Afghanistan. Although some CIA officers still think Alec Station’s staff is “over the top,” both the CIA’s Near East division and Counterterrorist Center chief Cofer Black agree with Blee, and they decide what is needed is aid to enable Massoud to pressure the Taliban, creating the conditions for CIA operations against bin Laden. The list of assistance includes cash to bribe commanders, trucks, helicopters, light arms, ammunition, uniforms, food, and possibly mortars and artillery. The plan will cost between $50 and $150 million, and will include a permanent CIA base in Afghan territory controlled by the Northern Alliance. CIA officers will then be able to accompany Massoud’s men on missions. It takes some time to arrive at these conclusions, which will be formalized into a plan (see December 29, 2000). However, the plan will not be accepted by the outgoing Clinton administration or the incoming Bush administration (see December 20, 2000). [Coll, 2004, pp. 539-541; Washington Post, 2/23/2004]

Entity Tags: Richard Blee, Counterterrorist Center, Cofer Black, Central Intelligence Agency, Bush administration (43), Ahmed Shah Massoud, Osama bin Laden

Timeline Tags: Complete 911 Timeline

Fahad al-Quso, a Yemeni and known associate of Osama bin Laden, turns himself in to the Yemeni government after some of his relatives are questioned in the wake of the USS Cole bombing (see October 12, 2000). [New Yorker, 7/10/2006 pdf file] He admits that he and one of the two Cole suicide bombers went to Bangkok, Thailand, and gave several thousand dollars to a man known as Khallad, who is identified as one of the masterminds of the Cole bombing. He says the money is to buy a new artificial leg for the one-legged Khallad. The transcript of the interrogation is given to the FBI a month later. FBI agent Ali Soufan sees the transcript and remembers a source he recruited in Afghanistan who spoke of a one-legged man named Khallad who is close to bin Laden. Khallad is his nickname; his real name is Tawfiq bin Attash. A mug shot of bin Attash is sent to this source, who makes a positive identification. Soufan wonders why money was being sent away from the Cole plotters and away from Yemen prior to a major planned attack and speculates that it may mean another al-Qaeda operation is being planned elsewhere. Soufan asks the CIA for information about Khallad and this other attack, which turns out to be 9/11, but the CIA withholds the information (see Late November 2000). Al-Quso will later reveal more to the FBI, leading to more missed opportunities (see Early December 2000). [Wright, 2006, pp. 328-329]

Entity Tags: Central Intelligence Agency, Fahad al-Quso, Ali Soufan, Khallad bin Attash, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Rahim al-NashiriRahim al-Nashiri [Source: AP]After several weeks of investigation, US authorities learn that al-Qaeda leader Abd al-Rahim al-Nashiri was involved in the plot to attack the USS Cole. Investigators find a second safe house used by the bombing team, and learn it was registered to al-Nashiri under a name variant. Al-Nashiri’s name is dimly familiar to FBI agent Ali Soufan, who remembers that a source said al-Nashiri was planning a seaborne attack against a US vessel in Aden (see After August 7, 1998). The FBI then finds that al-Nashiri rented a car in Aden before the bombing. Author Lawrence Wright will comment, “It was another strong link between al-Qaeda and the Cole attack.” [New Yorker, 7/10/2006 pdf file] In addition, one of the bombers detained by Yemeni authorities, Jamal al-Badawi, identifies al-Nashiri as a person who gave instructions for the attack. Al-Badawi also says he thought al-Nashiri was working for bin Laden, but al-Nashiri did not tell al-Badawi this directly. [CNN, 12/13/2000] Although al-Nashiri was the operational manager, he was actually in Afghanistan for a meeting with Osama bin Laden when the opportunity to attack arose and was not physically present at the bombing. Investigators are aware that he is the cousin of one of the bombers of the US embassy in Nairobi, which he facilitated, and a captured embassy bomber identified a photo of him for the FBI two years earlier (see 10:35-10:39 a.m., August 7, 1998 and August 22-25 1998). Al-Nashiri has been known to various intelligence agencies since 1998, at least, and was monitored at the Malaysia summit of top al-Qaeda leaders at the start of the year (see January 5-8, 2000). [CNN, 12/11/2000; 9/11 Commission, 7/24/2004, pp. 152-3; Wright, 2006, pp. 318] US investigators also identify another leading suspect in the case, Khallad bin Attash, at around the same time (see January 4, 2001).

Entity Tags: Jamal al-Badawi, Abd al-Rahim al-Nashiri, Ali Soufan, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Fahad al-Quso.Fahad al-Quso. [Source: FBI]In late October 2000, al-Qaeda operative Fahad al-Quso was interrogated by authorities in Yemen, and FBI agent Ali Soufan was able to use that information to discover the identity of one of the USS Cole bombing masterminds, Khallad bin Attash (see Late October-Late November 2000). In early December, while most FBI investigators are having to leave Yemen, Soufan is given the chance to interrogate al-Quso directly. Soufan gets al-Quso to admit that he had met with bin Attash and one of the Cole suicide bombers in Bangkok, Thailand, in January 2000 (see January 13, 2000). Al-Quso admits he gave bin Attash $36,000 and not the $5,000 for medical expenses that al-Quso had claimed when talking to the Yemenis the month before. Al-Quso says they stayed in the Washington Hotel in Bangkok, so Soufan checks telephone records to verify his account. Soufan finds records of phone calls between the hotel and al-Quso’s house in Yemen. They also find calls to both places from a pay phone in Kuala Lumpur, Malaysia. The phone happens to be directly outside the condominium where an al-Qaeda summit was taking place a few days before al-Quso went to Bangkok (see January 5-8, 2000). Soufan asks the CIA for information about bin Attash, but the CIA wrongly claims it knows nothing, and doesn’t even tell Soufan of the Malaysia summit that it had closely monitored (see Late November 2000). [New York Times, 4/11/2004; Wright, 2006, pp. 330-331] Meanwhile, FBI head investigator John O’Neill correctly believes that al-Quso is still holding back important information (at the very least, al-Quso is still hiding his participation in the Malaysia summit). However, O’Neill had been kicked out of Yemen by his superiors a week or two before (see October 14-Late November, 2000), and without his influential presence the Yemeni government will not allow any more interrogations. After 9/11, al-Quso will finally admit to meeting with Alhazmi and Almihdhar. One investigator calls the missed opportunity of exposing the 9/11 plot through al-Quso’s connections “mind-boggling.” [PBS Frontline, 10/3/2002] In April 2003, al-Quso will escape from a Yemeni prison (see April 11, 2003-March 2004). [Associated Press, 4/11/2003]

Entity Tags: Ali Soufan, John O’Neill, Federal Bureau of Investigation, Central Intelligence Agency, Khallad bin Attash, Fahad al-Quso

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA’s Counterterrorist Center completes a report on the bombing of the USS Cole (see October 12, 2000). The report, drafted by CIA officer Clark Shannon, finds that Osama bin Laden and al-Qaeda are circumstantially tied to the attack. However, the report fails to mention details known to the CIA involving figures later connected to the 9/11 plot. The Justice Department’s Office of Inspector General will later observe, “The report did not mention [hijacker Khalid Almihdhar’s] visa, [hijacker Nawaf Alhazmi’s] travel to the United States or the Khallad [bin Attash] identification from the Kuala Lumpur photographs” (see January 2-5, 2000, March 5, 2000, and January 4, 2001). [US Department of Justice, 11/2004, pp. 283 pdf file]

Entity Tags: Nawaf Alhazmi, Office of the Inspector General (DOJ), Clark Shannon, Khalid Almihdhar, Central Intelligence Agency, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Yemeni authorities receive photographs of operatives who attended al-Qaeda’s Malaysia summit. The exact number of photographs they receive is not known, but they include three photos, of 9/11 hijackers Khalid Almihdhar, Nawaf Alhazmi, and a man who looks like one of their associates, Fahad al-Quso, that are later shown to the FBI (see June 11, 2001). It is unclear who provides the photos to the Yemenis, but the CIA has them and is interested in the bombing of the USS Cole in Yemen (see October 12, 2000), so presumably they come from the CIA. The photos are highly relevant to the FBI, as they connect extremists known to be involved in the Cole attack to Almihdhar and Alhazmi, but even though the FBI is in charge of the Cole investigation, the CIA continues to withhold the information from the FBI for months (see January 5, 2001 and After, February 1, 2001, Late May, 2001 and August 30, 2001). The Yemenis’ response to the photographs is unknown. [US Department of Justice, 11/2004, pp. 293 pdf file] The CIA is aware by June 2001 that Almihdhar is the son-in-law of Ahmed al-Hada, a Yemeni extremist who runs a communications hub for Osama bin Laden (see Late August 1998), but it is not known whether they obtain this information now or at some other time. [Wright, 2006, pp. 343]

Entity Tags: Nawaf Alhazmi, Central Intelligence Agency, Fahad al-Quso, Khalid Almihdhar, Yemen

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Washington Post reports that the US has confirmed the link between al-Qaeda and the October 2000 USS Cole bombing (see October 12, 2000). [Washington Post, 1/27/2001] This conclusion is stated without hedge in a February 9 briefing for Vice President Cheney. [Washington Post, 1/20/2002] In the wake of that bombing, Bush stated on the campaign trail, “I hope that we can gather enough intelligence to figure out who did the act and take the necessary action.… There must be a consequence.” [Washington Post, 1/20/2002] Deputy Defense Secretary Paul Wolfowitz later complains that by the time the new administration is in place, the Cole bombing was “stale.” Defense Secretary Rumsfeld concurs, stating that too much time had passed to respond. [9/11 Commission, 3/24/2004] The new Bush administration fails to resume the covert deployment of cruise missile submarines and gunships on six-hour alert near Afghanistan’s borders that had begun under President Clinton. The standby force gave Clinton the option of an immediate strike against targets in Afghanistan harboring al-Qaeda’s top leadership. This failure makes a possible assassination of bin Laden much more difficult. [Washington Post, 1/20/2002]

Entity Tags: William Jefferson (“Bill”) Clinton, Osama bin Laden, Donald Rumsfeld, Paul Wolfowitz, Al-Qaeda, Bush administration (43), Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline

The Bush White House holds its first National Security Council meeting. The focus is on Iraq and the Israeli-Palestinian conflict. [Bamford, 2004, pp. 261] This meeting sets the tone for how President Bush intends to handle foreign affairs. Counterterrorism chief Richard Clarke wants to focus on the threat from al-Qaeda and Islamist terrorism, especially in light of the recent attack on the USS Cole (see October 12, 2000). But Bush isn’t interested in terrorism. [Unger, 2007, pp. 201]
Israeli-Palestinian Conflict to be 'Tilted Back Towards Israel' - Instead, Bush channels his neoconservative advisers, particularly incoming Deputy Defense Secretary Paul Wolfowitz (see February 18, 1992 and April-May 1999), in taking a new approach to Middle East affairs, particularly the Israeli-Palestinian conflict. Referring to President Clinton’s efforts to make peace between the Israelis and the Palestinians, Bush declares: “Clinton overreached, and it all fell apart. That’s why we’re in trouble. If the two sides don’t want peace, there’s no way we can force them. I don’t see much we can do over there at this point. I think it’s time to pull out of the situation.… We’re going to correct the imbalance of the previous administration on the Mideast conflict. We’re going to tilt it back towards Israel.” His view is that the Israeli government, currently headed by Ariel Sharon, should be left alone to deal as it sees fit with the Palestinians. “I’m not going to go by past reputations when it comes to Sharon. I’m going to take him at face value. We’ll work on a relationship based on how things go.” Justifying his position, he recalls a recent trip he took to Israel with the Republican Jewish Coalition. “We flew over the Palestinian camps. Looked real bad down there.… I don’t see much we can do over there at this point.” Secretary of State Colin Powell, surprised by Bush’s intended policy towards the 50-year old Israeli-Palestinian conflict, objects. According to Secretary of the Treasury Paul O’Neil, Powell “stresse[s] that a pullback by the United States would unleash Sharon and the Israeli army.” When Powell warns the president that the “consequences of that [policy] could be dire, especially for the Palestinians,” Bush shrugs. “Sometimes a show of strength by one side can really clarify things,” he suggests. [Bamford, 2004, pp. 265-266; Middle East Policy Council, 6/2004] In this and subsequent meetings, Bush’s National Security Adviser, Condoleezza Rice, “parrot[s]… the neocon line,” in author Craig Unger’s words, by discussing Iraq. “Iraq might be the key to reshaping the entire region,” she says, clearly alluding to regime change and overthrow in that nation (see March 8, 1992, Autumn 1992, July 8, 1996, Late Summer 1996, Late Summer 1996, 1997-1998, January 26, 1998, February 19, 1998, September 2000, Late December 2000 and Early January 2001, and Shortly after January 20, 2001). [Unger, 2007, pp. 201]
Possible WMD Sites in Iraq Spark Bush to Order Plans for Ground Assaults - The meeting then moves on to the subject of Iraq. Rice begins noting “that Iraq might be the key to reshaping the entire region.” She turns the meeting over to CIA Director George Tenet who summarizes current intelligence on Iraq. He mentions a factory that “might” be producing “either chemical or biological materials for weapons manufacture.” The evidence he provides is a picture of the factory with some truck activity, a water tower, and railroad tracks going into a building. He admits that there is “no confirming intelligence” on just what is going on at these sites. Bush orders Defense Secretary Donald Rumsfeld and Joint Chiefs of Staff Chairman General Hugh Shelton to begin preparing options for the use of US ground forces in Iraq’s northern and southern no-fly zones in support of a native-based insurgency against the Hussein regime. [Bamford, 2004, pp. 267; Middle East Policy Council, 6/2004] Author Ron Suskind later sums up the discussion: “Meeting adjourned. Ten days in, and it was about Iraq. Rumsfeld had said little, Cheney nothing at all, though both men clearly had long entertained the idea of overthrowing Saddam.” Defense Intelligence Agency official Patrick Lang later writes: “If this was a decision meeting, it was strange. It ended in a presidential order to prepare contingency plans for war in Iraq.” [Middle East Policy Council, 6/2004]
Regime Change Intended from the Outset - US Secretary of the Treasury Paul O’Neill, later recalls: “From the very beginning, there was a conviction, that Saddam Hussein was a bad person and that he needed to go.… From the very first instance, it was about Iraq. It was about what we can do to change this regime. Day one, these things were laid and sealed.” O’Neill will say officials never questioned the logic behind this policy. No one ever asked, “Why Saddam?” and “Why now?” Instead, the issue that needed to be resolved was how this could be accomplished. “It was all about finding a way to do it,” O’Neill will explain. “That was the tone of it. The president saying ‘Go find me a way to do this.’” [CBS News, 1/10/2004; New York Times, 1/12/2004; Guardian, 1/12/2004; Vanity Fair, 5/2004, pp. 234] Another official who attends the meeting will later say that the tone of the meeting implied a policy much more aggressive than that of the previous administration. “The president told his Pentagon officials to explore the military options, including use of ground forces,” the official will tell ABC News. “That went beyond the Clinton administration’s halfhearted attempts to overthrow Hussein without force.” [ABC News, 1/13/2004] Unger later writes, “These were the policies that even the Israeli right had not dared to implement.” One senior administration official says after the meeting, “The Likudniks are really in charge now.” [Unger, 2007, pp. 201]
Funding the Iraqi National Congress - The council does more than just discuss Iraq. It makes a decision to allow the Iraqi National Congress (INC), an Iraqi opposition group, to use $4 million to fund efforts inside Iraq to compile information relating to Baghdad’s war crimes, military operations, and other internal developments. The money had been authorized by Congress in late 2004. The US has not directly funded Iraqi opposition activities inside Iraq itself since 1996. [Guardian, 2/3/2005]
White House Downplays Significance - After Paul O’Neill first provides his account of this meeting in 2004, the White House will attempt to downplay its significance. “The stated policy of my administration toward Saddam Hussein was very clear,” Bush will tell reporters during a visit to Mexico In January 2004. “Like the previous administration, we were for regime change.… And in the initial stages of the administration, as you might remember, we were dealing with desert badger or fly-overs and fly-betweens and looks, and so we were fashioning policy along those lines.” [New York Times, 1/12/2004]

Entity Tags: Richard B. Myers, Hugh Shelton, Paul O’Neill, George W. Bush, Colin Powell, Donald Rumsfeld, George J. Tenet, Condoleezza Rice, Craig Unger, Iraqi National Congress

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

According to a US intelligence report drafted in October 2001, a source reports in February 2001 that a person he identifies as “the big instructor” complains frequently that the US has not yet attacked. This is apparently a reference to the lack of a US response to the USS Cole bombing by al-Qaeda (see October 12, 2000). The 9/11 Commission will say that the “big instructor” is “probably a reference to bin Laden.” The Commission will add, “According to the source, bin Laden wanted the United States to attack, and if it did not he would launch something bigger.” [9/11 Commission, 7/24/2004, pp. 191, 507]

Entity Tags: Osama bin Laden, 9/11 Commission

Timeline Tags: Complete 911 Timeline

Although three surveillance photographs of al-Qaeda’s Malaysia summit are passed to the FBI at this time (see Late May, 2001 and June 11, 2001), another key photograph the CIA has of the meeting is withheld by CIA officers Clark Shannon and Tom Wilshire. The key photograph shows al-Qaeda logistics manager Khallad bin Attash, who commanded the attack on the USS Cole (see October 12, 2000). Author Lawrence Wright will later comment: “Thanks to [FBI agent Ali] Soufan’s interrogation of [USS Cole bomber Fahad al-Quso], the Cole investigators had an active file on Khallad and were preparing to indict him. Knowledge of that fourth photo would likely have prompted [FBI manager John] O’Neill to demand that the CIA turn over all information relating to Khallad and his associates. By withholding the picture of Khallad attending the meeting with the future hijackers [Khalid Almihdhar and Nawaf Alhazmi], the CIA may in effect have allowed the September 11th plot to proceed.” [New Yorker, 7/10/2006 pdf file] The CIA also has video and even more photos of the meeting (see January 5, 2000 and January 5-8, 2000 and Shortly After), but these are not shared either, and it is unclear how aware Wilshire and Shannon are of this additional material.

Entity Tags: Tom Wilshire, Khallad bin Attash, Central Intelligence Agency, Federal Bureau of Investigation, Clark Shannon, Lawrence Wright

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Tom Wilshire, a CIA officer assigned to the FBI, sends an e-mail to managers at Alec Station, the CIA’s bin Laden unit, saying there is a potential connection between recent warnings of an attack against US interests and al-Qaeda’s Malaysia summit in January 2000 (see January 5-8, 2000). He notes “how bad things look in Malaysia” and points out that hijacker Khalid Almihdhar may be connected to the radicals who attacked the USS Cole (see October 12, 2000). He recommends that the Cole bombing and the Malaysia summit be re-examined for potential connections to the current warnings of an attack. The e-mail ends, “all the indicators are of a massively bad infrastructure being readily completed with just one purpose in mind.” [US Department of Justice, 11/2004, pp. 298 pdf file] This is one of a series of e-mails sent around this time by Wilshire to Alec Station about al-Qaeda’s Malaysia summit (see July 13, 2001 and July 23, 2001). Presumably, one of the recipients at CIA headquarters is Richard Blee, the manager responsible for Alec Station, as he apparently receives at least one of the e-mails (see July 13, 2001).

Entity Tags: Tom Wilshire, Richard Blee, Federal Bureau of Investigation, Central Intelligence Agency, Alec Station, Khalid Almihdhar

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

Tom Wilshire, a CIA manager assigned to the FBI who expressed interest two months earlier in surveillance photos from the al-Qaeda Malaysia summit (see January 5-8, 2000), now finds a cable he had been looking for regarding that summit. The cable, from January 2001, discusses al-Qaeda leader Khallad bin Attash’s presence at the summit. Wilshire explains later that bin Attash’s presence there had been troubling him. He writes an e-mail to the CIA’s Counterterrorist Center (CTC), stating, “[Khallad] is a major league killer, who orchestrated the Cole attack (see October 12, 2000) and possibly the Africa bombings (see 10:35-10:39 a.m., August 7, 1998).” Yet Khallad is still not put on a terrorist watch list. Wilshire asks that the FBI be passed this information, but the FBI will not actually be given the information until August 30, a week after it learns future 9/11 hijacker Khalid Almihdhar is in the US. [US Congress, 7/24/2003, pp. 157 pdf file; US Department of Justice, 11/2004, pp. 298 pdf file] Although the CIA managers that receive this e-mail are not named, Richard Blee, in charge of the CIA’s bin Laden unit and Wilshire’s former boss, appears to be one of the recipients: On the same day Wilshire sends this e-mail, Blee writes his own e-mail entitled “Identification of Khallad,” which is sent to another CIA officer. [Central Intelligence Agency, 7/13/2001; 9/11 Commission, 7/24/2004, pp. 537] An FBI analyst assigned to the CTC is given the task of reviewing all other CIA cables about the Malaysian summit. It takes this analyst until August 21—over five weeks later—to put together that Khalid Almihdhar had a US visa and that Nawaf Alhazmi had traveled to the US. Yet other CIA agents are already well aware of these facts but are not sharing the information (see August 22, 2001). Working with immigration officials, this analyst then learns that Almihdhar entered and left the US in 2000, and entered again on July 4, 2001, and that Alhazmi appears to still be in the US. [US Congress, 7/24/2003, pp. 157 pdf file; US Department of Justice, 11/2004, pp. 298 pdf file]

Entity Tags: Tom Wilshire, Richard Blee, Nawaf Alhazmi, US Immigration and Naturalization Service, Khalid Almihdhar, Federal Bureau of Investigation, Alec Station, Khallad bin Attash, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Due to a lack of response to a previous request that information about the Cole bombing and al-Qaeda’s Malaysia summit be passed to the FBI (see July 13, 2001), CIA officer Tom Wilshire e-mails another CIA manager asking about the request’s status. The manager’s identity is unknown, but the previous request was received by Richard Blee, a close associate of Wilshire’s who is responsible for the CIA’s bin Laden unit (see June 1999 and Between Mid-January and July 2000), so presumably he receives this request as well. Wilshire writes: “When the next big op is carried out by [Osama bin Laden’s] hardcore cadre, [Khallad bin Attash] will be at or near the top of the command food chain—and probably nowhere near either the attack site or Afghanistan. That makes people who are available and who have direct access to him of very high interest. Khalid [Almihdhar] should be very high interest anyway, given his connection to the [redacted].” The name of the redacted event or entity is unclear. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 pdf file] However, it could be a mention of Almihdhar’s role in the 1998 US embassy bombings in East Africa, since the CIA was aware of that from at least January 2000 (see 9:30 a.m. - 4:00 p.m. January 5, 2000). Or, more likely, it could be a mention of Almihdhar’s role in the 2000 USS Cole bombing (see October 12, 2000), since Wilshire mentioned earlier in the month that Almihdhar could be linked to the Cole bombers (see July 5, 2001).

Entity Tags: Khalid Almihdhar, Khallad bin Attash, Central Intelligence Agency, Tom Wilshire, Richard Blee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI headquarters agent Dina Corsi learns that al-Qaeda leader Khallad bin Attash attended a summit in Malaysia that was also attended by 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi (see January 5-8, 2000); an e-mail sent by Corsi on this date contains the first reference in FBI documents to bin Attash’s presence at the Malaysia summit. Although it is her job to support the investigation into the attack on the USS Cole (see October 12, 2000), which bin Attash commanded, and she is aware that bin Attash is important to the Cole investigation, even saying that she is focused on his identity and whereabouts, she fails to communicate this information to the agents investigating the bombing, who do not receive it before 9/11 (see August 30, 2001). After 9/11, she will say she cannot recall how she learned this information and an investigation by the Justice Department’s Office of Inspector General will fail to find any documents that cast light on the matter. Although she does not do anything with this information before another FBI agent tells her Khalid Almihdhar is in the US (see August 21-22, 2001), she will later say that the information bin Attash was at the Malaysia summit was important, as it connected Almihdhar and Alhazmi to the Cole bombing. She will also say that CIA officers Tom Wilshire and Clark Shannon, who she discussed al-Qaeda’s Malaysia summit with and who knew that bin Attash was in Malaysia with Alhazmi and Almihdhar (see Late May, 2001, Mid-May 2001 and June 11, 2001), did not give her this information. Although Corsi and others know that bin Attash is an important al-Qaeda leader, he is not watchlisted at this point, although one of his aliases is watchlisted in August (see August 23, 2001). [US Department of Justice, 11/2004, pp. 280, 284, 286, 293, 296, 302 pdf file]

Entity Tags: Tom Wilshire, Khallad bin Attash, Nawaf Alhazmi, Federal Bureau of Investigation, Central Intelligence Agency, Khalid Almihdhar, Clark Shannon, Dina Corsi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In April 2001, the CIA analyzed some “intriguing information associated with a person known as ‘Mukhtar.’” The CIA didn’t know who this was at the time, only that he was associated with top al-Qaeda deputy Abu Zubaida and that he seemed to be involved in planning al-Qaeda activities. On August 28, 2001, the CIA receives a cable reporting that Khalid Shaikh Mohammed (KSM) has the nickname of Mukhtar (which means “brain” in Arabic). However, apparently no one at the CIA’s bin Laden unit makes the connection between this new information and the April 2001 information. The 9/11 Commission writes, “Only after 9/11 would it be discovered that Muhktar/KSM had communicated with a phone that was used by [Ramzi] bin al-Shibh, and that bin al-Shibh had used the same phone to communicate with [Zacarias] Moussaoui [who is in US custody by this time.]” [US Congress, 7/24/2003, pp. 322; 9/11 Commission, 7/24/2004, pp. 277]

Entity Tags: Al-Qaeda, Ramzi Yousef, Alec Station, Khalid Shaikh Mohammed, Central Intelligence Agency, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The NSA intercepts “multiple phone calls from Abu Zubaida, bin Laden’s chief of operations, to the United States.” The timing and information contained in these intercepted phone calls has not been disclosed. [ABC News, 2/18/2002] In 2007, author and former CIA officer Robert Baer will comment that “apparently, when Abu Zubaida was captured, telephone records, including calls to the United States, were found in the house he was living in. The calls stopped on September 10, and resumed on September 16 (see September 16, 2001 and After). There’s nothing in the 9/11 Commission report about any of this, and I have no idea whether the leads were run down, the evidence lost or destroyed.” [Time, 12/7/2007] US intelligence had just been warned about a week earlier that Zubaida may be planning an attack on the US (see August 24, 2001). Zubaida’s exact position within al-Qaeda is disputed; he will be captured in 2002 (see March 28, 2002). It appears that a number of Western intelligence agencies were monitoring Zubaida’s calls since at least late 1998 (see October 1998 and After), and continue monitoring his calls in the weeks after 9/11 (see October 8, 2001).

Entity Tags: Robert Baer, Abu Zubaida, National Security Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Kirk Lippold.Kirk Lippold. [Source: CNN]At the CIA headquarters in Langley, Virginia, three senior CIA officers—John Russack, Don Kerr, and Charlie Allen—are having breakfast with Navy Commander Kirk Lippold. Lippold was the commanding officer of the USS Cole when it was attacked in Yemen the previous year (see October 12, 2000). The men’s discussion is focused on terrorism. Lippold is upset that the American public still does not recognize the threat it poses, and says that it will take a “seminal event” to awaken them to the problem. Following the breakfast, Lippold heads to the Counterterrorist Center at CIA headquarters for some briefings. Just minutes later, after the WTC is hit, Charlie Allen will contact Lippold and tell him, “The seminal event just happened.” [Tenet, 2007, pp. 162-163]

Entity Tags: Charlie Allen, Don Kerr, John Russack, Kirk Lippold

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Timothy Keating.Timothy Keating. [Source: Department of Defense]Admiral Timothy Keating, the Navy’s director of operations in the Pentagon, is back in his fourth-floor office for a 9:00 a.m. meeting with Edmund James Hull, the US ambassador-designate to Yemen. Keating has just returned from the Navy Command Center on the Pentagon’s first floor, where he’d received his daily briefing, and where he’d seen the television reports of the first crash at the World Trade Center (see (8:48 a.m.-9:02 a.m.) September 11, 2001). Despite seeing the second plane hitting the WTC on television, Keating and Hull reportedly do not question their own safety at the Pentagon. Though it is now obvious that the US is under attack, they start discussing the upcoming first anniversary of the terrorist attack on the USS Cole (see October 12, 2000). In 2002, Keating will recall, “We were discussing the fact that the Cole attack was coming up on a year’s anniversary—those were almost our exact words at the moment the plane impacted [the Pentagon],” which happens at 9:37 a.m. But in 2006, Keating will give a different account, telling Washington Post Radio that, after seeing the second crash on TV, he understands this is an attack. In response, he will claim, he makes some phone calls and is on his way back to the Navy Command Center when the Pentagon is hit. [Sea Power, 1/2002; Association for Diplomatic Studies and Training, 10/2005; Shipmate, 9/2006 pdf file; American Forces Press Service, 9/11/2006] The Command Center will be mostly destroyed in the attack, and 42 of the 50 people working in it will be killed. [Washington Post, 1/20/2002; National Defense Magazine, 6/2003]

Entity Tags: Timothy Keating, Edmund James Hull

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

Flight 93 crashed in the Pennsylvania countryside. Resue vehicles arrive in the distance.Flight 93 crashed in the Pennsylvania countryside. Resue vehicles arrive in the distance. [Source: Keith Srakocic/ Associated Press]Flight 93 crashes into an empty field just north of the Somerset County Airport, about 80 miles southeast of Pittsburgh, 124 miles or 15 minutes from Washington, D.C. Presumably, hijackers Ziad Jarrah, Ahmed Alhaznawi, Ahmed Alnami, Saeed Alghamdi, and all the plane’s passengers are killed instantly. [CNN, 9/12/2001; North American Aerospace Defense Command, 9/18/2001; Guardian, 10/17/2001; Pittsburgh Post-Gazette, 10/28/2001; USA Today, 8/13/2002; Associated Press, 8/21/2002; MSNBC, 9/3/2002] The point of impact is a reclaimed coal mine, known locally as the Diamond T Mine, that was reportedly abandoned in 1996. [Pittsburgh Tribune-Review, 9/12/2001; St. Petersburg Times, 9/12/2001; Pittsburgh Tribune-Review, 9/11/2002] Being “reclaimed” means the earth had been excavated down to the coal seam, the coal removed, and then the earth replaced and planted over. [Kashurba, 2002, pp. 121] A US Army authorized seismic study times the crash at five seconds after 10:06 a.m. [Kim and Baum, 2002 pdf file; San Francisco Chronicle, 12/9/2002] As mentioned previously, the timing of this crash is disputed and it may well occur at 10:03 a.m., 10:07 a.m., or 10:10 a.m.

Entity Tags: San Francisco Chronicle, Ziad Jarrah, Ahmed Alhaznawi, Saeed Alghamdi, NBC, Ahmed Alnami

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush asks Mike Morell, his CIA briefer, who is responsible for today’s attacks on the US and Morell says he is sure al-Qaeda is to blame. About 15 minutes after Air Force One left Barksdale Air Force Base (see 1:37 p.m. September 11, 2001), White House chief of staff Andrew Card enters the staff section of the plane, where Morell is seated, and tells Morell that the president wants to see him. Morell goes to Bush’s office, where he then sits alone with the president and Card.
CIA Briefer Says He'd Bet Al-Qaeda Was behind the Attacks - Bush wants to know who Morell thinks is responsible for today’s attacks. “Michael, who did this?” he asks. Morell explains that he doesn’t have any intelligence indicating who is to blame, so he will simply provide his personal opinion. “I said that there were two countries capable of carrying out an attack like this, Iran and Iraq, but I believed both would have everything to lose and nothing to gain from the attack,” he will later recall. The culprit was almost certainly a non-state actor, he says, adding that he has no doubt that the trail of evidence will lead to the doorstep of Osama bin Laden and al-Qaeda. “I’d bet my children’s future on that,” he says.
Briefer Is Unsure How Long It Will Take to Determine Who Is Responsible - “When will we know?” Bush asks. Morell replies, “I can’t say for sure,” and then goes over some recent terrorist attacks and says how long it took the CIA to determine, with any certainty, who was responsible. He says that in the case of the 1998 bombings of the US embassies in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998), it took a couple of days; with the bombing of the USS Cole in Yemen in 2000 (see October 12, 2000), it took a couple of months; but with the 1996 bombing of the Khobar Towers in Saudi Arabia (see June 25, 1996), it had taken over a year. He says the CIA may know soon who is to blame for today’s attacks, but then again it might take some time. Bush says nothing in response once Morell has finished giving his views on who is responsible for today’s attacks and the men sit in silence for a while. Finally, Morell asks, “Is there anything else, Mr. President?” and Bush replies, “No, Michael, thank you.” Morell then returns to his seat in the staff section of the plane. [Studies in Intelligence, 9/2006 pdf file; Morell and Harlow, 2015, pp. 55-56; Politico Magazine, 9/9/2016] Bush will learn that the CIA has linked al-Qaeda to today’s attacks later this afternoon, after Air Force One lands at Offutt Air Force Base in Nebraska (see 2:50 p.m. September 11, 2001). During a video teleconference, CIA Director George Tenet will tell him that early signs indicate the terrorist group is behind the attacks (see (3:15 p.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 326; Bowden, 2012, pp. 17-18]

Entity Tags: Michael J. Morell, George W. Bush, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

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

At some point after 9/11, the US government begins compiling a list of “high-value” al-Qaeda linked militant leaders to be killed or captured. President Bush authorizes the assassination of high-value targets on September 17, 2001 (see September 17, 2001), so the creation of the list presumably takes place shortly after that. US intelligence agencies typically propose a name for the list, and prepare a dossier that explains who the target is and why that person deserves to be on the list. Then, a committee of bureaucrats and lawyers from the Justice Department, CIA, Pentagon, and other agencies reviews the dossier. If it finds the evidence convincing, the name is included on the “high-value target” list, which means the person cannot only be captured by US forces, but is legally allowed to be killed. At any one time, there are between 10 and 30 people on the list. Top al-Qaeda leaders Osama bin Laden and Ayman al-Zawahiri are on the list from the very beginning. In 2002, Defense Secretary Donald Rumsfeld will secretly authorize the killing of top targets anywhere in the world (see July 22, 2002), increasing the danger of being named on the list. In 2010, Anwar al-Awlaki will be added to the list. This will be the first time a US citizen is added. [Reuters, 5/12/2011] The CIA already had prepared a list of high-value targets it thought deserved to be assassinated before 9/11 (see Shortly After September 11, 2001).

Entity Tags: George W. Bush, Al-Qaeda, Central Intelligence Agency, Osama bin Laden, US Military, Ayman al-Zawahiri, US Department of Justice

Timeline Tags: Complete 911 Timeline, War in Afghanistan

On September 19, 2001, Cofer Black, head of the CIA’s Counterterrorist Center, speaks to Gary Berntsen, a CIA officer who is about to lead the first unit of CIA operatives into Afghanistan. Black tells Berntsen that President Bush has signed a new intelligence order. As Black will put it in 2002, the gloves are off (see September 26, 2002). Black orders Berntsen: “You have one mission. Go find the al-Qaeda and kill them. We’re going to eliminate them. Get bin Laden, find him. I want his head in a box.… I want to take it down and show the president.” Berntsen replies, “Well, that couldn’t be any clearer.” [Washington Post, 11/18/2002] Indeed, two days before Bush, signed new orders giving the CIA broad new powers (see September 17, 2001 and September 17, 2001). Bernsten and his team arrive in Afghanistan on September 26 (see September 26, 2001).

Entity Tags: Cofer Black, Gary Berntsen, Central Intelligence Agency, Counterterrorist Center

Timeline Tags: Complete 911 Timeline, War in Afghanistan

In a memo, responding to a request from Deputy White House Counsel Timothy E. Flanigan, Justice Department lawyer John C. Yoo provides legal advice on “the legality of the use of military force to prevent or deter terrorist activity inside the United States.” He addresses the question of how the Fourth Amendment to the US Constitution applies to the use of “deadly force” by the military “in a manner that endangered the lives of United States citizens.” The Fourth Amendment requires the government to have some objective suspicion of criminal activity before it can infringe on an individual’s liberties, such as the right to privacy or the freedom of movement. Yoo writes that in light of highly destructive terrorist attacks, “the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.” If the president determines the threat of terrorism high enough to deploy the military inside US territory, then, Yoo writes, “we think that the Fourth Amendment should be no more relevant than it would be in cases of invasion or insurrection.” [New York Times, 10/24/2004] A month later, the Justice Department will issue a similar memo (see October 23, 2001).

Entity Tags: John C. Yoo, Timothy E. Flanigan, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

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

Bradford Berenson.Bradford Berenson. [Source: PBS]In the weeks following 9/11, government lawyers begin to formulate a legal response to the newly perceived threat of terrorism. Four related issues are at hand: forceful prevention, detention, prosecution, and interrogation. What degree of force can the government employ to prevent acts of terrorism or apprehend suspected terrorists? How and where can it best detain terrorists if captured? How can it best bring them to trial? And how can it best obtain information from them on terrorist organizations and plots? These questions are handled in a new atmosphere that is more tolerant towards flexible interpretations of the law. Bradford Berenson, an associate White House counsel at this time, later recalls: “Legally, the watchword became ‘forward-leaning’ by which everybody meant: ‘We want to be aggressive. We want to take risks.’” [New York Times, 10/24/2004] This attitude is seemingly in line with the president’s thinking. Counterterrorism “tsar” Richard Clarke will later recall President Bush saying, “I don’t care what the international lawyers say. We are going to kick some ass” (see (9:00 p.m.-10:00 p.m.) September 11, 2001). [Clarke, 2004, pp. 23-24] At the center of legal reconstruction work are Alberto R. Gonzales, the White House counsel, his deputy Timothy E. Flanigan, and David S. Addington, legal counsel to Vice President Cheney. [New York Times, 12/19/2004] They will find a helpful hand in the Justice Department’s Office of Legal Counsel (OLC), most notably its head, Assistant Attorney General Jay S. Bybee [Los Angeles Times, 6/10/2004] and his deputies John C. Yoo [New York Times, 8/15/2004] and Patrick F. Philbin. Most of the top government lawyers dwell in fairly conservative circles, with many being a member of the Federalist Society, a conservative legal fraternity. Some have clerked for conservative Supreme Court Justices Antonin Scalia and Clarence Thomas, whose ruling effectively lead to the presidency being awarded to George W. Bush after the 2000 presidential election. [New York Times, 10/24/2004] Others worked for Judge Lawrence H. Silberman, who set up secret contacts with the Iranian government under President Reagan leading to the Iran-Contra scandal, and who advised on pursuing allegations of sexual misconduct by President Clinton. [Inter Press Service, 2/6/2004]

Entity Tags: Patrick F. Philbin, Richard A. Clarke, John C. Yoo, Joan Claybrook, Alberto R. Gonzales, Bradford Berenson, Jay S. Bybee, Alan M. Dershowitz, Rena Steinzor

Timeline Tags: Torture of US Captives, Civil Liberties

The Justice Department’s John Yoo, an official in the Office of Legal Counsel (OLC), issues a secret opinion regarding legal statutes governing the use of certain interrogation techniques. The opinion will not be made public; its existence will not be revealed until October 18, 2007, when future OLC head Steven Bradbury will note its existence as part of an American Civil Liberties Union (ACLU) lawsuit. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, American Civil Liberties Union, John C. Yoo, Office of Legal Counsel (DOJ), Steven Bradbury

Timeline Tags: Civil Liberties

The Justice Department’s John Yoo and Robert Delahunty issue a memo to White House counsel Alberto Gonzales claiming President Bush has sweeping powers in wartime that essentially void large portions of the Constitution. The memo, which says that Bush can order military operations inside the US (see October 23, 2001), also says that Bush can suspend First Amendment freedoms: “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” It adds that “the current campaign against terrorism may require even broader exercises of federal power domestically.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]

Entity Tags: John C. Yoo, George W. Bush, Robert J. Delahunty, US Department of Justice, Alberto R. Gonzales

Timeline Tags: Civil Liberties

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

Shortly after the US invasion of Afghanistan (see October 19, 2001), the CIA takes control of an abandoned brick factory, and turns it into a training facility and secret prison. The facility, code-named the “Salt Pit,” is a 10-acre facility just north of Kabul. It is used to train Afghan counterterrorism forces and to house prisoners. The agency intends the Salt Pit to be a “host-nation facility,” manned and operated entirely by Afghans, in part so that CIA officials cannot be held accountable for the actions taken by the Afghan guards and interrogators. Similar methodologies are used in secret CIA prisons in other countries. However, the CIA pays the entire cost of maintaining the facility. It vets the guards who work there, and decides which prisoners will be kept in the facility, including some senior al-Qaeda operatives who will eventually be transferred to other facilities such as Guantanamo. Sometime before March 2005, the CIA will transfer its operations to another facility, and the Salt Pit will be demolished. [ABC News, 11/18/2005]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

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

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

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

Timeline Tags: Civil Liberties

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

Justice Department lawyer John Yoo, an official with the Office of Legal Counsel (OLC), issues a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but its existence will be revealed in a June 2007 deposition filed in the course of an American Civil Liberties Union (ACLU) lawsuit. The memo is known to cover the War Crimes Act, the Hague Convention, the Geneva Conventions, the federal criminal code, and detainee treatment. [American Civil Liberties Union [PDF], 1/28/2009 pdf file] It is co-authored by OLC special counsel Robert Delahunty. [ProPublica, 4/16/2009]

Entity Tags: Robert J. Delahunty, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo, US Department of Justice

Timeline Tags: Civil Liberties

According to a 2009 Senate Armed Services Committee report (see April 21, 2009), the Pentagon begins asking the Joint Personnel Recovery Agency (JPRA) for assistance in developing a set of procedures for “harsh interrogations”—torture—to be used against suspected terrorists captured by US soldiers and intelligence operatives. JPRA has “reverse-engineered” a training program, Survival, Evasion, Resistance, and Escape (SERE), which trains US soldiers to resist torture techniques if captured by an enemy, to produce harsh techniques to be used in interrogating suspected terrorists. [Washington Post, 4/22/2009]
Methods Already in Use - Military interrogators have already begun using the methods inflicted on them during SERE training on their prisoners, and SERE instructors—often having no training in interrogation procedures and no experience with other cultures—have been reassigned as interrogators. [Savage, 2007, pp. 216] The JPRA program will result in the personal approval of 15 “harsh” techniques by Defense Secretary Donald Rumsfeld. The policies will be adopted by US interrogators in Afghanistan, at Abu Ghraib prison in Baghdad, and at Guantanamo. [New York Times, 4/21/2009] In a June 2004 press conference, General James T. Hill, the commander of the US Southern Command (SOCOM), which oversees the Guantanamo detention facility, will say that US officials tapped the “SERE School and developed a list of techniques.” Hill will say that he was reassured by Pentagon officials that the techniques were “legally consistent with our laws.”
Methods Devised to Produce Propaganda, Not Reliable Information - Trained interrogators are, in the words of reporter Charlie Savage, “aghast at this policy.” Savage will write that unlike many Pentagon officials, Special Forces troops, and even SERE instructors, they know full well where SERE techniques originated: from the techniques used by Chinese and North Korean interrogators to torture and brutalize US soldiers during the Korean War. The Koreans and Chinese were experts at coercing American captives to “confess” to “war crimes” and other offenses; those confessions were used for propaganda purposes. “After the war,” Savage will write, the captured soldiers “all told the same story: Chinese interrogators, working with the North Koreans, had put them through a series of sustained torments” identical to those used in SERE training “until their minds had bent and they had made the false confessions.” The stories led to the concept of Chinese “brainwashing” techniques made famous by such books and films as The Manchurian Candidate. In 1963, the CIA concluded that the techniques were virtually useless at producing reliable intelligence, but worked very well in coercing victims to say whatever interrogators wanted them to say. “[U]nder sufficient pressure subjects usually yield but their ability to recall and communicate information accurately is as impaired as the will to resist.” Savage will write, “Neither SERE trainers, who run scenarios by following the instructions in basic military manuals, nor their Special Forces trainees understood that the coercive techniques used in the program were designed to make prisoners lose touch with reality so that they will falsely confess to what their captors want to hear, not for extracting accurate and reliable information.” Colonel Steve Kleinman, the former head of the Air Force’s strategic interrogation program, will later comment: “People who defend this say ‘we can make them talk.’ Yes, but what are they saying? The key is that most of the training is to try to resist the attempts to make you comply and do things such as create propaganda, to make these statements in either written or videotaped form. But to get people to comply, to do what you want them to do, even though it’s not the truth—that is a whole different dynamic than getting people to produce accurate, useful intelligence.” [Savage, 2007, pp. 216-217]

Entity Tags: Steve Kleinman, Central Intelligence Agency, Charlie Savage, US Department of Defense, Donald Rumsfeld, Joint Personnel Recovery Agency, Senate Armed Services Committee, James T. Hill

Timeline Tags: Torture of US Captives

Gary Berntsen on an airplane, date and location unknown.Gary Berntsen on an airplane, date and location unknown. [Source: National Geographic]Richard Blee, head of the Sunni Extremist Group at the CIA’s Counterterrorist Center and a former head of Alec Station, the CIA’s bin Laden unit, is made chief of the CIA’s new station in Kabul. Blee replaces Gary Berntsen, who had effectively led the CIA’s war effort against the Taliban and al-Qaeda in Afghanistan. Berntsen is unhappy with being replaced, saying: “It felt as though someone had just thrown a bucket of cold water in my face. I couldn’t believe they were doing this in the middle of the most important battle of the war.” The battle of Tora Bora begins around this time and, although the US thinks it has Osama bin Laden cornered there, he somehow manages to escape (see November 16, 2001, November 26, 2001 and Early December 2001).
Replacement Decision Is Not Well Received - Berntsen’s staff members are also unhappy with the decision, and slap their hands over their heads and groan when they find out about it. They tell Berntsen, “No disrespect to Rich, but when you leave, we leave.” Berntsen will attribute Blee’s selection to his closeness to CIA Director George Tenet and Deputy Director of Operations James Pavitt, and will also hint that Blee strongly desired the job. [Berntsen and Pezzullo, 2005, pp. 296-7, 306] Berntsen pushed hard for US troops to be deployed to catch bin Laden (see Late October-Early December 2001), but it is not known whether Blee is in favor of using US troops or not. Blee will also instigate the transfer of Ibn al-Shaykh al-Libi from the FBI to Egypt shortly after arriving; this is the first such transfer of a major figure after 9/11 (see Shortly After December 19, 2001).
Blee's Replacement - Blee is apparently replaced as chief of the Sunni Extremist Group by someone known only as Hendrik V. (see (Between Summer and Winter 2001)). Hendrik V. will later be replaced by an official known as “Marty M.” before March 2003. [Tenet, 2007, pp. 232, 251] That is almost certainly Marty Martin, someone said to lead the search for bin Laden from 2002 to 2004 (see (Shortly After October 29, 2004)).

Entity Tags: Marty Martin, Gary Berntsen, Central Intelligence Agency, Hendrik V., Richard Blee

Timeline Tags: Complete 911 Timeline

After fleeing Iraq, Adnan Ihsan Saeed al-Haideri, 43, defects to the US. Before he is debriefed by the CIA, he spends several days in a Bangkok hotel room being coached by Zaab Sethna, the spokesman of the Iraqi National Congress, on what he should tell his debriefer. On December 17, he meets with a CIA official who questions him. Strapped to a polygraph machine [Rolling Stone, 11/17/2005] , al-Haideri proceeds to tell the agent he is a civil engineer who helped hide Iraq’s illicit weapons in subterranean wells, private villas, and even beneath the Saddam Hussein Hospital. After reviewing the polygraph, which was requested by the Defense Intelligence Agency, the intelligence debriefer concludes that Haideri made the entire story up. [New Yorker, 6/7/2004; Rolling Stone, 11/17/2005]

Entity Tags: Zaab Sethna, Adnan Ihsan Saeed al-Haideri, Central Intelligence Agency, Defense Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

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

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

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

CIA officer Richard Blee, who is now chief of the CIA’s station in Kabul, Afghanistan, objects to the FBI interviewing high-ranking al-Qaeda detainee Ibn al-Shaykh al-Libi. The FBI obtained access to al-Libi after he was handed over to the US, and is obtaining some information from him about Zacarias Moussaoui and Richard Reid, who will be prosecuted in the US (see December 19, 2001). However, according to FBI agent Jack Cloonan, “for some reason, the CIA chief of station in Kabul is taking issue with our approach.” [American Prospect, 6/19/2005] CIA Director George Tenet learns of Blee’s complaints and insists that al-Libi be turned over to the CIA (see January-April 2002), which promptly puts him on a plane to Egypt (see January 2002 and After), where he is tortured and makes false statements (see February 2002). Blee was in charge of the CIA’s bin Laden unit on 9/11 and has only recently become chief of its Kabul station. [Berntsen and Pezzullo, 2005, pp. 59-60, 297] The FBI, which has long experience interviewing suspects, will continue in its attempts to use rapport-building techniques (see Late March through Early June, 2002), whereas the CIA will employ harsher techniques, despite not having much experience with interviews (see Mid-April 2002).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Richard Blee, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The Justice Department’s John Yoo sends a classified memo to the Defense Department’s general counsel, William Haynes. The contents will not be made public, but the American Civil Liberties Union (ACLU) will eventually learn that the memo concerns possible criminal charges to be brought against an American citizen who is suspected of being a member of either al-Qaeda or the Taliban. The ACLU believes the memo discusses the laws mandating that US military personnel must adhere to the Uniform Code of Military Justice, and how those laws may not apply to military personnel during a so-called “undeclared war.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Two psychologists, James Mitchell and Bruce Jessen, draft a paper on the use of harsh interrogations to break suspected al-Qaeda terrorists. Mitchell, a retired Air Force psychologist, and Jessen, the senior psychologist in charge of the Joint Personnel Recovery Agency (JPRA)‘s Survival, Evasion, Resistance, and Escape (SERE) training program, will soon begin consulting for both the Pentagon and a variety of US intelligence agencies on the harsh methods—torture—they advocate. Jessen proposes an interrogation program similar to those later adopted by the CIA and Pentagon. His proposal recommends creating what he calls an “exploitation facility,” off-limits to outside observers including journalists and representatives of the International Committee of the Red Cross, the agency detailed to ensure that captives in the custody of other nations are being treated properly in accordance with the Geneva Conventions. In the “exploitation facility,” interrogators would use such tactics as sleep deprivation, physical violence, and waterboarding to break the resistance of captured terrorism suspects. JPRA officials will later add their own suggestions to Jessen’s initial list, including sexually provocative acts by female interrogators and the use of military dogs. Most of these techniques are considered torture under the Geneva Conventions and the Convention Against Torture. [Washington Post, 4/22/2009]

Entity Tags: Geneva Conventions, Bruce Jessen, Central Intelligence Agency, Convention Against Torture, Joint Personnel Recovery Agency, James Elmer Mitchell, US Department of Defense, International Committee of the Red Cross

Timeline Tags: Torture of US Captives

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

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

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

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